02SN0171-July24.pdfMar:?'. ~-9, 2002 CPC
July 24, 2002 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
02SN0171
Douglas J. and Deborah A. Hackman
Dale Magisterial District
Southeast quadrant of Hagood Lane and Newbys Bridge Road
REQUEST: Rezoning from Agricultural (A) to Light Industrial (I-1) with Conditional Usc
Planned Development to permit exceptions to Zoning Ordinance requirements.
PROPOSED LAND USE:
A corporate office park is proposed. However, with approval of this request, other
Light Industrial (I-1) uses would be permitted, as limited by proffered conditions.
Exceptions are requested to permit child and adult daycare uses, indoor recreation
(senior commun'~ty center) and a stock farm (horses and chickens); exception to
paving and curb and gutter requirements for parking and driveways; and setbacks
exceptions.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE IMPOSITION OF CONDITIONS 1 THROUGH
12 ON PAGES 3 THROUGH 7. RECOMMEND THAT PROFFERED CONDITIONS 1
THROUGH 9 NOT BE ACCEPTED. (NOTE: SINCE TIIE COMMISSION'S CONSIDERATION
OF THIS CASE, THE APPLICANT HAS WITHDRAWN THE PROFFERS CONSIDERED BY
TIIE COMMISSION AND AGREED TO THE CONDITIONS IMPOSED BY THE COMMISSION
EXCEPT CONDITIONS 7, 10 AND 12.)
AYES: MESSRS. LITTON, GECKER, CUNNINGHAM AND STACK
ABSENT: MR. GULLEY
Providing u FIRST CHOICE Community Through Excellence in Public Service.
STAFF RECOMMENDATION
Recommend approval subject to the applicant addressing utility concerns, as discussed herein.
Recommend denial of requested exceptions to paving and to setbacks from the Agricultural (A)
Districts. Recommend denial of the requested use exception to permit indoor recreational uses.
These recommendations are made for the following reasons:
The proposed zoning and land use conform to the Central Area Plan which suggests
the property is appropriate for light industrial use.
The proffered conditions address suggestions of the Central Area Plan relative to
campus-style design of light industrial uses adjacent to existing and future residential
areas.
(NOTES:
Concerns relative to use of public water and wastewater, as discussed herein, have
not been addressed.
The request property represents the northern edge of light industrial development, as
suggested by the Plan. The requested exception to setbacks from this northern
boundary, represented by Hagood Lane, falls to provide the appropriate land use
transition to properties north of Hagood Lane, which are suggested to remaia
residential per the Plan.
The requested exception to the paving of parking and drives is inappropriate given
that the proposed improvements are of a permanent nature, and the suggestions of the
Plan with respect to quality development.
Indoor recreational uses (senior community center), which are first permitted in the
Community Business (C-3) District, are inconsistent with the light industrial uses
suggested by the Plan.
CONDITIONS MAY BE IMPOSED OR.THE PROPERTY OWNER MAY
PROFFER 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.
TI-lB APPLICANTS HAVE WITHDRAWN ALL PREVIOUSLY
SUBMITTED PROFFERED CONDITIONS AND HAVE ACCEPTED THE
CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION,
WITH THE EXCEPTION OF CONDITIONS 7, I0 AND 12. IN LIEU OF
CONDITIONS 7, 10 AND 12, THE APPLICANTS HAVE SUBMITTED
TWO (2) PROFFERED CONDITIONS.)
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02SN0171-IULY24-BOS
CONDITIONS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC) ......
Except for timbering approved by the Virginia State Department of
Forestry for the purpose of removing dead· or diseased trees, there
shall be no timbering on the Property until a land disturbance permit
has been obtained from the Environmental Engineering Department
and the approved devices have been installed. (EE)
Prior to any site plan approval, or upon request by the Transportation
Department, whichever occurs first, the following fights of way shalI
be dedicated, free end unrestricted, to and for the benefit of
Chesterfield County:
Thirty (30) feet of right of way on the south side of Hagood
Lane, measured from the cemerline of that part of Hagood
Lane immediately adjacent to the property; and
b)
Forty-five (45) feet of right of way on the east side of Newbys
Bridge Road, measured from the centerlirte of that part of
. Newbys Bridge Road immediately adjacent to the property.
(T) ..................
Direct access from the property to Newbys Bridge Road shall be
limited to one (1) entrance/exit, generally located towards the
Southern property.line. The exact location of this entrance/exit shall
be approved by the Iransportation Department. (T)
To provide an adequate roadway system at. the time of complete
development, the owner/developer shall be responsible for the
following:
Construction of additional pavement along Newbys Bridge
Road at Hagood Lane and at the approved access to provide
right and left mm lanes, if warranted based on Transportation
Department standards
Reconstruction of Hagood Lane to a twenty (20) foot wide
roadway with four (4) foot wide shoulders from Newbys
Bridge Road to any future eastern access on Hagood Lane.
Relocation of the ditch to provide an adequate shoulder along
the east side of Newbys Bridge Road for the entire property
frontage; and
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02SN0171-JULY24-BOS
Dedication to Chesterfield County, free and unrestricted, any
additional right of way (or easements) required for the
improvements identified above. In the event the developer is
unable to acquire any off-site right of way that is necessary for
road improvements described in proffered condition 4.a., the
developer may request, in writing, that the County acquire
such right of way as a public road improvement. All costs
associated with the acquisition of the right of way shall be
borne by the developer. In the event the County chooses not
to assist the developer in acquisition of the "off-site" right of
way, the developer shall be relieved of the obligation to
acquire the "off-site" right of way, and shall provide the road
improvements within available right of way as determined by
the Transportation Department. (T)
(STAFF/CPC) 5.
Prior to any site plan approval, a phasing plan for the required road
improvements, as identified in Proffered Condition 4, shall be
submitted to and approved by the Transportation Department. (T)
(STAFF/CPC)
Uses located within 250 feet of the ultimate right of way of Hagood
Lane. shall be limited ~to office, adult daycare, and child daycare uses
a~ limited by the textual statement. (P)
(NOTE: TIlE APPLICANTS DO NOT ACCEPT COI~DITION 7. iN LIEU OF THIS
CONDITION, TIlE APPLICANTS HAVE SUBMITTED PROFFERED CONDITION 1.)
(CPC) 7.
With the exception of stock farm uses and a maximum of 30,000
gross square feet of 1) office uses, ekild and .adult dayeare uses
located within 250 feet of the ultimate right of way of Hagood Lane,
2) home health care office use, as operated by Douglas J. and
Deborah A. Hackman, and 3) medical equipment rental, and stock
farm use, all other uses shall be connected to the public water and
wastewater systems. At such time as either the public water or
wastewater system(s) is extended to within 200 feet of the subject
property, connection to that system shall be made to all uses on the
Property excluding stock farm uses. (Id & P)
(STAFF/CPC)
Development shall be designed in a campus style setting to be
achieved thxough landscaping and building orientation towards a
common open space, generally, located internal to the project.
Buildings shall be compatible in architectural style, colors and
materials to the design shown on Exhibit A. Further, all uses shall be
oriented toward an internal road network within the project and away
from Newbys Bridge Road. In conjunction with the first site plan
submittal, an overall conceptual project layout and landscaping plan
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02SN0171-JULY24-BOS
STAFF/CPC)
shall be submitted to the Planrfing Department for review and
approval. (P)
Uses permitted by right shall be limited to the following uses.
a) Access to land located in an agricultural, office, business, or
industrial district or used for agricultural, office, or business
purposes.
b) Manufacturing of apparel and other finished products made
from fabrics, leather and similar materials, except leather
tanning, limited to a maximum of 12,000 gross square feet.
c) Bakery products manufacturing, limited to a maximum of
12,000 gross square feet.
d) Catering establishment.
e) Engraving and allied services.
f) Communications studios and station, not to include towers
(see restricted uses).
g) Confectionery and related products manufacturing, lhnited to
a maximum of 12,000 gross square feet.
h) Costume jewelry, costume novelties, buttons and
- miscellaneous ..... notions - (except precious -.metals)
manufacturing.
i) Electric, lighting and wiring equipment, household
appliances, computer equipment, eoramunication equipment
(including radio and TV) and electronic components and
accessories manufacturing, limited to a maximum of 12,000
gross square feet.
j) Laboratories and other research and development facilities.
k) Lamp shades manufacturing.
l) Motion picture production.
m) Musical instruments and parts manufacturing.
n) Offices.
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02SN017 IqULY24-BOS
r)
s)
t)
u)
x)
Y)
z)
Pens, pencils and other mist's materials manufacturing.
Photographic and optical goods manufacturing.
Printing, publishing and allied indush'ies, limited to a
maximum of 12,000 gross square feet. Printing shall be
digital only.
Professional scientific and controlling instruments
manufacturing.
Recycling and processing of any material permitted to be
manufactured in this district.
Roasting coffee, coffee products and tea manufacturing,
limited to a maximum of 12,000 gross square feet.
Toy, amusement, sporting and athletic goods manufacturing,
limited to a maximum of 12,000 gross square feet.
Underground utility uses, except as provided in Section'l 9-
181(d), when such uses are located in easements or public
road right of ways.
Watch and clock manufacturing, limited to a maximum of
12,000 gross square feet.
-Communications towers - provided that the structure is
architecturally incorporated into the design of a building.
Satellite dishes, provided that:
(I)
(2)
(3)
The dishes are accessory to a principal use; and
The diameter of the dish does not exceed twelve (12)
feet.
The dishes are fully screened from view of adjacent
properties. Such screening shall comply with the
requirements of Section 19-522(b) of the Zoning
Ordinance.
Wholesale greenhouses, hot houses and nurseries provided
that nothing except plant materials are stored outside of a
completely enclosed building.
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02SN0171-JULY24-BOS
(aa) Wholesaling houses and distributors, limited to a maximum
of 12,000 gross square feet.
(bb) Equipment rental limited to medical equipment (P)
(STAFF NOTE: THESE USES ARE IN ADDITION TO THOSE
ALLOWED BY THE TEXTUAL STATEMENT.)
(NOTE: THE APPLICANTS DO NOT ACCEPT CONDITION 10. IN LIEU OF THIS
CONDITION~ THE APPLICANTS HAVE SUBMITTED PROFFERED CONDITION 2
(TEXTUAL STATEMENT))
(cpc) 10,
Driveways and parking areas for a maximum of 30,000 gross square
feet of 1) office uses, child and adult daycare uses located within 250
feet of the ultimate right of way of Hagood Lane, 2) home health care
office usc, as operated by Douglas J. and Deborah A. Hackman, and
3) medical equipment rental shall not be required to be paved. Such
areas shall be designed to accommodate a weight load of a minimum
of 80,000 pounds. A geotechnical report or a statement from a
professional engineer shall be submitted verifying this capacity. At a
minimum,, such driveways and parking areas shall have a minimum
surface of six (6) inches of No. 21 or 2lA stone. The perimeter of
unpaved driveways and parking areas shall be delineated by
permanent means such as bumper blocks, railroad ties, timbers or
similar such treatment, as determined at the time of site plan review.
Provided, however, once development exceeds 30,000 gross square
feet of total development on the Property, or public water or sewer is
extended to .serve the development, all driveways and parking areas
on the Property shall be subject to the surface treatment requirements
of the Zoning Ordinance, except for parking that serves a home health
care office use, as operated by Douglas J. and Deborah A. Hackman
and stock farm animals. (P)
(STAFF/CPC) 11.
A minimum fifty (50)"foor buffer shall be maintained adjacent to
Hagood Lane. This buffer shall conform to the requirements of
Sections 19~521 and 19-522 of the Zoning Ordinance. (P)
(NOTE: THE APPLICANTS DO NOT ACCEPT CONDITION 12 AS RECOMMENDED BY
THE CPC NOR STAFF. IN LIEU OF THIS CONDITION, THE APPLICANTS HAVE
SUBMITTED PROFFERED CONDITION 2. (TEXTUAL STATEMENT))
(STAFF) 12.
The Textual Statemem dated June 28, 2002, shall be approved except
for Items 1 ,d., 2 and 3.b. (P)
02SN0171 -JULY24-BOS
PROFFERED CONDITIONS
Location:
With exception of stock farm uses and a maximum 30,000 gross square feet of 1)
office, child and adult dayeare uses located within 250 feet of the ultimate right of
way of Hagood Lane, 2) home health care office use, as operated by Douglas J. and
Deborah A. Hackman, 3) medical equipment rental, and 4) indoor recreation, limited
to a senior oriented commurfity center, and stock farm use, all other uses shall be
connected to the public water and wastewater systems. At such time as the public
· water or wastewater system(s) are extended to within 200 feet of the subject property
of this request, connection to that system shall be made to all uses on the Property
excluding stock farm uses. (U)
The Textual Statement, revised June 28, 2002, shall be approved in conjunction with
this request. (P)
GENERAL INFORMATION
East line of Newbys Bridge Road, south line of Hagood Lane and located in the southeast
quadrant of the intersection of these roads. Tm ID 757-677-2517 (Sheet 17).
Existing Zoning:
Size:
A
24.4 acres
Existing Land Use:
Single family residential
Adjacent Zoning and Land Use:
North and West - A; Single family residential or vacant
South - A; Vacant
East - A; Vacant
02SN0171 -JULY24-BOS
UTILITIES
Public Water System:
There is an existing twelve (12) inch water line extending along a portion of Burnett Drive
that terminates approximately 3,300 feet northwest of this site. Extension of adequately
sized water line easterly along Barnett Road then south along Newbys Bridge Road to the
request site would be necessary tO serve this development. In addition, there is an existing
twelve (12) inch water llne extending along Belmont Road,. approximately 1,400 feet
southeast of this site. Access to the existing twelve (12) inch water line will require the
acquisition of off-site easements across the adjacent properties southeast of this site.
The applicants propose to relocate their existing home health care business to this site with
the ability to provide additional space for other commercial/light industrial uses. Use of
private wells is intended for a maximum of 30,000 gross square feet of office, daycare,
community center and one (1) light industrial use until such time that the public system is
extended to withIn 200 feet of the property line or any subdivided parcels. At that time, all
structures would be required to be connected (Proffered Condition I). Although the Utilities
Department has, in the past, supported a proffer similar to that of the applicants' for a single
use situation, in consideration of the number and possible intensity of future uses on the
subject property, the.._U_tjlj_tjes. Department recommends that proffered Condition 1 not be
accepted, and that the public water system be used for all development.
Public
in lieu of requiring use of public water for the entire development, the Commission
recommended imposition of a condition which would allow a limited mount of
development on wells (Condition 7). The applicant has agreed to these restrictions provided
the indoor recreational uses are allowed on private systems. (Proffered Condition 1).
Wastewater System:
There is an existing ei~at (8) inch wastewater collector extendIng along a tributary of Licking
Creek that serves Rolling Hills Subdivision, approximately 2,900 feet east of the request site.
Extension of an adequately sized wastewater collector, including the acquisition of off-site
easements, would be necessary to serve the request site. Use of private septic systems is
intended for a maximum of 30,000 gross square feet of office, daycare, community center
and one (1) light industrial use until such time that the public system is extended to within
200 feet of the property line or any subdivided parcels. At that time, all structures would be
requ/red to be connected. (Proffered Condition 1)
Previous zoning approval for a site on Belmont and Cogbill Roads for light industrial uses
included a proffer to utilize the public wastewater system for all development (Case
98SN0186 - Walter Marsh). Zoning approval was granted for a site at Midlothian Turnpike
and County LIne Road with a square footage limitation of development using pr/rate septic
systems until such time as the public wastewater system has been extended closer to the site.
(Case 87S 106 - Ernest Belvin)
02SN0171 -JULY24-BOS
Although the Utilities Department has, in the past, supported a proffer similar to that of the
applicants' for a single use situation, in consideration of the number and possible intensity of
future uses on the subject property, the Utilities Department recommends that Proffered
Condition 1 not be accepted, and that the public wastewater system be used for all
development.
In lieu of requiring use of the public wastewater, system for the entire development, the
Commission recommended imposition ora condition that would allow a limited amount of
development on septic tank and drainfield systems (Condition 7). The applicant has agreed
to these restrictions provided the indoor recreational uses are also allowed to be on private
systems. (Proffered Condition 1)
Private Well and Septic Systems:
Prior to the issuance of building permits, the developer must submit soils analysis for each
development to the Health Department for review a~d approval. Uses will be limited to
those generating a maximum of 3,000 gallons of water per day. Septic tanks can only be
used for sanitau and food service waste disposal, exclusively.
ENVIRONMENTAL
Drainage and Erosion:
The property drains north through tributaries to Falling Creek. There are currently no on- or
off*site drainage or erosion problems and none are anticipated after development. The
majority of the property is wooded and, as such, should not be timbered without the issuance
of a land disturbance permit. This will ensure that adequate erosion control measures are in
place prior to any land disturbance. (Condition 1)
PUBLIC FACILITIES
Fire Service:
The property is currently served by the Airport Fire/Rescue Station, Company Number 15.
When the property is developed, site access, the number of hydrants and quantity of water
........ needed for fire protection will be evaluated during the plans review process.
Exceptions are requested to allow driveways and parking areas be treated with stone in lieu
of paving (Proffered Condition 2: Textual Statement, Item 2). If the exception is granted, the
exact design and construction of these driveways would be evaluated during the plans review
process to insure accessibility and support of fire/rescue vehicles and apparatus. The Fire
Department, however, does not support this exception.
The Commission recommended imposition of a condition that would allow a limited mount
of development with gravel parking areas. (Condition 10)
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02SN0171 -JULY24-BOS
Transportation:
This request will not limit development to a specific land use; therefore, it is difficult to
anticipate traffic generation. Based on office trip rates, development could generate
approximately 2,230 average daily trips. Based on light industrial trip rates, development
could generate approximately 1,370 average dally trips, These vehicles will be distributed
along Newbys Bridge Road which had a 2000 traffic count of 3,393 vehicles per day.
Included in the Virginia Department of Transportation (VDOT)Six-Year SecondarKR. oad
Improvement Plan are two (2) projects to reconstruct Newbys Bridge Road, as a two (2) lane
facility, from Walmsley Boulevard through Hagood Lane. Construction was anticipated to
begin in Fall 2004/2005. Based on State funding forecasts, project schedules are uncertain at
this time.
The Thoroughfare Plan identifies Newbys Bridge Road as a major arterial with a
recommended right of way width of ninety (90) feet. The applicant has agreed to dedicate
forty-five (45) feet of right of way, measured from a revised centerline for Newbys Bridge
Road, in accordance with that Plan (Condition 2). The applicant has also agreed to dedicate
thirty (30) feet of right of way from the centerline of Hagood Lane in accordance with the
Zoning Ordinance. (Condition 2)
Development must adhere to the Development Standards Manual in the Zoning Ordinance,
relative to access and internal circulation (Division 5). The applicant intends to initially
construct a direct access onto Newbys Bridge Road, with plans in the future to access
Hagood Lane. Access to major arterials; such as Newbys Bridge Road, should be controlled.
The applicant has agreed that direct access from the property to Newbys Bridge Road will be
limited to one (1) entrance/exit, generally located towards the southern property line.
(Condition 3)
The traffic impact of this development must be addressed. The applicant has agreed to: 1)
construct additional pavement along Newbys Bridge Road at the Hagood Lane intersection
and at the approved access to provide left and right mrn lanes, based on Transportation
Department 'standards; 2) relocate the dlteh to provide an adequate shoulder along the east
slde of Newbys Bridge Road for the entire property frontage; and 3) reconstruct Hagood Lane
to a twenty (20) foot wide roadway with four (4) foot wide shoulders from Newbys Bridge
Road to the easternmost access onto Hagood Lane (Condition 4). Constructing the mm lanes
along Newbys Bridge Road may require the developer to acquire some "off-site" right of
way. According to the condition, if the developer is unable to aequke the right of way for
the mm lanes along Newbys Bridge Road, the developer may request the County to acquire
the right of way as a public road improvement. All costs associated with the acquisition will
be borne by the developer. If the County chooses not to assist with the right of way
acquisition, the developer will not be obligated to acquire the "off-site" right of way and will
only be obligated to construct road improvements within available right of way.
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02SN0171 -JULY24-BOS
At time of slte 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 light industrial uses.
Area Development Trends:
Properties to the north, east, south and west are zoned Agricultural (A) and contain single
family dwellings or are vacant. The Central Area Plan suggests that properties to the east,
west and south of the subject property are appropriate for light industrial development, while
property along the north line of Hagood Lane and further north is appropriate for residential
development with densities ranging from 1.0 to 2.5 dwelling units per acre. It is anticipated
that development consistent with the recommendations of the Plan will continue in tiffs area.
Uses:
In an effort to address concerns of area residents, the types of Light Industrial (I-l) uses
permitted on the property is proposed to be limited (Condition 9). Further, to provide a
transition from residential uses north of Hagood Lane, uses located within 250 feet of the
ultimate right of way of Hagood Lane would be limited to office and child and adult care
centers. (Condition 6)
Exceptions to'permit child and adult care centers, with child care limited to the children of
employees that work on the premises (Proffered Condition 2: Textual Statement, Items 1.b
and c) is requested. Such uses are first permitted in the Neighborhood Office (0-1). As
previously noted, the location of the child and adult care centers would be limited to within
250 feet of Hagood Lane adjacent to other office uses rather than integrated among
manufacturing-oriented uses. Given these limitations, such uses would be appropriate.
An exception is requested to permit indoor recreational uses, limited to a senior-oriented
community center; which would be open to the general public (Proffered Condition 2:
Textual Statement, Item l.d). Indoor recreational uses are first permitted in the Community
Business (C-3) District. Therefore, this use is inconsistent with the proposed office/light
industrial development suggested by the Plan. The Commission recommended that the
indoor recreational uses not be permitted (Condition 12/CPC). The applicant has not agreed
to these restrictions. (Proffered Condition 2)
A stock farm, limited to the keeping of horses and chickens, is also requested (Proffered
Condition 2: Textual Statement, Item 1.a). It is the applicant's intent to create a corporate
office park project that has a rural character, containing stables and pastures within a
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02SN0171 -IULY24-BOS
campus-style setting. Such exception would be appropriate, given the unique character of the
proposed proj oct, while providing an effective transition to residential development north of
Hagood Lane.
Site Desi~'.'
The request property lies within an Emerging Growth Area. Development of the site must
not only conform to the requirements of the proffered conditions, but also those of the
Zonkig Ordinance which address access, parking, landscaping, architectural treatment,
setbacks, signs, buffers, utilities and screening of dumpsters and loading areas.
In addition, the Central Area Plan indicates that non-residential uses along Newbys Bridge
Road, north of Whitepine Road Extended, should be oriented towards the interior of projects
which incorporate an internal road network. Further, light industrial uses adjacent to existing
or future residential areas should be designed in a campus-style setting, achieved through the
preservation of forested character, landscaping and architectural styles anti materials similar
to the quality demonstrated in the Moorefield and Arboretum office/industrial park projects.
Conditions address these design issues. (Condition 8)
Architectural Treatment:
To address concerns expressed by area residents as well as the design guidelines of the Plan,
the applicant has agreed to an architectural treatment compatible to the design shown on
Exhibit A, with respect to style, colors and materials (Condition 8). This residential/colonial
treatment would meet the intent of the Plan with respect to the building quality demonstrated
in the Moorefield and Arboretum developments, as well as achieve architectural
compatibility with the existing and future residential development located north of Hagood
Lane.
Buffers and Ser. e.~ning:
Adjacent property to the east is zoned Agricultural (A) and is occupied by a single family
residence. Adjacent property to the south is zoned Agricultural (A)and is currently vacant.
The Central Area Plan suggests that both properties are appropriate for light industrial use.
The Zoning Ordinance does not require buffers adjacent to these properties.
The Plan suggests that appropriate land use trans!tions should be provided between existing
and future residential development and higher intensity uses. As previously noted, the
northern boundary of the subject property along Hagood Lane represents this area of
transition, with properties north of Hagood Lane remaining residential, as suggested by the
Plan. This transition should, in part, be achieved with the provision of a fifty (50) buffer
along the south line of Hagood Lane, thereby mirfimizing the views from the adjacent
residential development into the subject property. This buffer would guarantee a minimum
quantity and quality of both upper and lower-story vegetation not typically afforded solely
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02SN0171 -JULY24-BOS
through perimeter landscaping and tree preservation requirements of the Zon/ng Ordinance,
(Condition 11)
Setbacks:
The Zoning Ordinance requires that uses within the Light Industrial (I- 1) District be set back
a minimum of 100 feet from Agricultural (A) Districts. Such setback does not apply when
the adjacent properties are vacant and the Plan supports non-residential uses on such
properties. This 100 foot setback would apply to the north, east and west boundaries of the
subject property. An exception is requested along the eastern property line to reduce this
setback to fifty (50) feet (Proffered Condition 2: Textual Statement, Item 3.a). This
exception is appropriate given that the Central Area Plan designates this property for future
light industrial uses.
Also requested is relief to the 100 foot setback to the north, from the centerline of Hagood
Lane. Th/s exception would permit uses to locate fifty (50) feet from the ultimate right of
way of Hagood Lane rather than the required seventy (70) feet (Proffered Condition 2:
Textual Statement, Item 3.b). As previoualy noted, Hagood Lane represents the edge of light
industrial development, as suggested by the Plan. The requested exception to setbacks from
this northern boundary fails to provide the appropriate land use transition to properties north
of Hagood Lane, which are suggested to remain residential per the Plan.
The Commission recommended the setback exceptions be granted. (Condition 12/CPC)
Paving:
An exception has also been requested to the paving of parking and drives. Specifically,
-driveways and parking areas for a maximum of 30;000-gross square feet of office, dayeare
uses, community center and one (1) light industrial use could be permanently graveled
-.(Proffered Condition 2: Text~.ml Statement, Item 2). Only driveways and parking areas for
development in excess of 30,000 gross square feet would require surface treatment consistent
with Ordinance standards. This exception is inappropriate given that the proposed
improvements are ora permanent nature. Further, paving would ensure the preservation of
the integrity and quality of these areas that will be subject to higher traffic volumes. More
importantly, the Plan suggests that industrial development in th:is area should be ora quality
.similar to that in Moorefield and the Arboretum. Gravel driveways and parking areas would
not acl~ieve the quality envisioned by the Plan.
The Commission recommended approval of paving exceptions for a limited amount of
development (Condition 10). The applicant has agreed to this restriction provided that the
indoor recreational uses are allowed the same exceptions.
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02SN0171-JULY24-BOS
CONCLUSIONS
The proposed zoning and land use conform to the Central Area Plan which suggests the property is
appropriate for light industrial use. The requirements of the Zoning Ordinance, condition and
proffered conditions further insure land use compatibility and address concerns relative to buffers,
transportation and site design. However, the applicant has not adequately addressed concerns
relative to the use of public water and wastewater systems. Without the orderly extension of public
utilities to serve the area recommended by the Central Area Plan for industrial use, it is not
anticipated that the type of development envisioned by the Plan can be achieved nor will the highest
and best uses which would increase the County's tax base be developed. Further, allowing
individual development on private systems will hinder future extensions to serve the area. In
addition, the requested use exception to permit a Community Business (C-3) use (indoor recreational
uses) on the property is inconsistent with Light Industrial uses suggested by the Plan (Proffered
Condition 2, Textual Statement, Item 1.d).
The request property represents the northern edge of light industrial development, as suggested by
the Plan. The requested exception to setbacks from this northern boundary, represented by Hagood
Lane, fails to provide the.appropriate land use transition to properties north of Hagood Lane, which
are suggested to remain residential pc? the Plan (Proffered Condkion 2: Textual Statement, Item 3.b).
Further, the requested exception to the paving of parking and drives is inappropriate given that the
proposed improvements are ora permanent nature (Proffered Condition 2: Textual Statement, Item
2). Further, pay'rog would ensure the preservation of the integrity and quality of these areas. In
addition, the requested use exception to permit a Community Business (C-3) use (indoor recreational
uses) on the property is inconsistent with the Light Industrial uses suggested by the Plan. (Proffered
Condition 2: Textual Statement, Item 1 .d)
Given these considerations, approval of this request is recommended subject to the applicant
addressing utility concerns, as discussed herein. Further, it is recommended that exceptions to the
Zoning Ord'mance referenced in Textual Statement, Items 1.d, 2 and 3.b not be granted in
.... conjunction with this request (Condition 12/Stafi) and that Proffered Condition 2 not be accepted.
CASE HISTORY
Planning Commission Meeting (3/19/02):
The Commission, on their own motion, deferred this case to April 16, 2002, to allow the
applicant an opportunity to re-examine utility and paving issues.
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02SN0171 -JULY24-BOS
Staff (3/20/02):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than March 25, 2002, for consideration at the April 16, 2002, public
hearing.
Applicant, Stat'f and Dale District Commissioner (3/25/02):
A meeting was held to discuss the proposal. Issues discussed included the use of public
utilities and the paving of driveway and parking areas.
Applicant (3/28/02 and 4/16/02):
Revised proffered conditions and Textual Statement were submitted relative to paving, use of
public utilities and a use exception. (indoor recreation)
Planning Commission Meethng (4/16/02):
The applicant did not accept the recommendations, Several area property owners expressed
concerns regarding drainage impacts on adjacent properties; impact of existing wetlands on
ability to develop property; use of wells and septic tanks and effect on existing private
systems in area and fire suppression within proposed development; lack of adequate setbacks
and buffers; traffic impact; and density of proposed development.
-Support for the proposal'was expressed relative to the provision of health care service~ to the
neighborhood and the proposed architectural treatment of buildings in the project.
Staff indicated that development must address additional runoff and discharge to a natural
watercourse; that a wetlands lineation must be performed for the Corps of Engineers'
approval; that wet areas with poor drainage may be a problem for septic usage; that lack of
public water supply is a fire suppression concern; and that the County may assist in acquiring
-.-off-site right of way, if needed, at the developer's expense.
Mx. Litton stated that he could not give full relief to public water and wastewater usage, but
would support a cap on development using wells and septic tanks. Further, he noted that he
supported a reduction in the 100 foot setback to the north due to provision cfa fifty (50) foot
buffer and limitation on uses along Hagood Lane.
Mr. Gecker cautioned that the monitoring of conditions regulating building square footage
limitations for well and septic tank usage through Code Compliance would not be effective.
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On motion of Mr. Litton, seconded by Mr. Cunningham, the Commission recommended
approval of this request, subject to the imposition of Conditions 1 through 12 on pages 2
tbxough 7 and recommended that Proffered Condition 1 through 9 not be accepted.
AYES: Messrs. Litton, Gecker, Cunningham and Stack
ABSENT: Mr. Gulley
Bo~d
of Supervisors Meeting (5/22/02):
The Board deferred this case to July 24, 2002, to allow the applicant time to address concerns
raised by the Planning Commission with respect to use of public utilities, paving of parking
and driveways, uses and buffering along Hagood Lane.
Applicant, Staff and Dale District Supervisor (6/12/02):
A meeting was held to discuss the proposal. Issues discussed included the use of public
utilities, paving of driveway and parking areas, buffers along Hagood Lane and uses.
Applicant (6/28/02 and 7/9/02):
The applicants withdrew all previously submitted proffered conditions, indicating their
acceptance of the conditions as recommended by the Planning Commission, with the
exception of Condition 7 (utilities), 10 (paving) and 12 (Textual Statement relative to
permitted uses). In lieu of these conditions, the applicants submitted Proffered Conditions 1
and 2.
The Board of Supervisors, on Wednesday, July 24, 2002, begirming at 7:00 p.m., will take under
consideration this request.
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02SN0171 -JULY24-BOS
Textual Statement
Hackma~ - Licking Creek Farm
April 15, 2002
June 28, 2002
In conjunction with Light Industrial (I-1) use(s) developed on the property, the following
uses shall be permitted:
Stockfarm limited to the keePing of horses and chickens. Provided that all
facilities and areas associated with the keeping of horses and chickens (stables,
pastures, coups, etc.) shall be cleaned and made free of waste on a regular basis.
In addition, the propexty owner shall employ a means of el/minating any odor
problems and propagation of insects
b) Adult daycare, if located withln 250' of Hagood Lane.
c) Child daycare, if located within 250' of ~Hagood Lane and made availuble only,to ·
the children of employees who work on the subject property.
d) Indoor recreation, limited to a seninr.or~mted community cem~r.
2. Driveways and parking areas for a maximum of 30,000 gross square feet of 1) offico, child and
adult daycaro uses located within 250 feet of the ultimate fight of way of Hagocd Lane~ 2) home
health-care office use, as opexated' by'Douglus J. and Deborah'P,; Hackman. 3')'medical gquipme~
rental, and 4) indoor recreation, limited to a senior oriented commm~ty center shall not be
required to Ig paved. Such areas shall be designed to accommodate awc, ighl load of a minimum
of 80,000 pounds. A geotechnical report or a statement from a professional engineer shall be
submitted v~g this capacity. At a minimum such drivoways and parking areas shall have a
minimum surface of six (6) inches of No. 121 or 2lA ston~ The perimeter of unpaved &%eways
and parking areas shall be delineated by permanent means suoh as bumper blocks, railroad ties,
timbers or similar such Ireatmmt, as determined at tho time of site plan review. Provided,
however, once developmant excocds 30,000 gross squaro fl:ot of total development on the
Property, or public wat~ or sewer is e~nded to serve the developmgot, all drive, rays and
parking areas on the Propen'y shall be subject to the surface treatmeat requiremgtRs of the Zoning
Ordinan~ ex,pt for parking that sowes a home health caro office use, as operated by Douglas J.
and Deborah A. Hackman and stock farm animals.
3. we hereby request the following "bulk exception" to the re4uired conditions:
a. A 50' exception to the 100' setback onthe eastern property liue.
b. A 20' exception to the I00' setback on the northc-m property line.
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July 24, 2002 BS
ADDENDUM
02SN0171
Douglas J. and Deborah A. Hackman
Dale Magisterial District
Southeast quadrant of Hagood Lane and Newbys Bridge Road
REQUEST: Rezoning from Agricultural (A) to Light Industrial (I-1) with Conditional Use
Planned Development to permit exceptions to Zoning Ordinance requirements.
PROPOSED LAND USE:
A corporate office park is proposed. However, with approval of this request, other
Light Industrial (I-1) uses would be permitted, as limited by proffered conditions.
Exceptions are requested to permit child and adult daycare uses, indoor recreation
(senior community center) and a stock farm (horses and chickens); exception to
paving and curb and gutter requirements for parking and driveways; and setbacks
exceptions.
The following information was inadvertently omitted from the "Conditions" section of the "Staff
Request Analysis". (Condition 12, as recommended by the Planning Commission)
Staff continues to recommend approval of this request subject the applicant addressing utility
concerns, and recommends denial of the requested exceptions to paving and setbacks from
Agricultural (A) Districts and the use exception to permit indoor recr.eational uses, as discussed in
the "Staff Request Analysis".
CONDITION
(cPc) 12.
The Textual Statement dated ~, 2002, shall be approved except for
Items 1.d and 2. (P)
Providing a FIRST CHOICE Community Through Excellence in Public Service.
02SN0171-ADDENDUM-JULY24-BOS
COUNTY, VIRGINIA