12SN0114CASE MANAGER: Jane Peterson
October 26, 2011 B S
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
12SN0114
Thomas F. Kern, Jr.
Midlothian Magisterial District
Northern terminus of walmart VVay
RE VEST: Amendment of conditional use planned development (Case 03 SN0246) relative to
phasing of road improvements in a Light Industrial (I-1) District.
PROPOSED LAND USE:
Modifications to the approved phasing plan for the construction of the remaining
sections of the Walmart VVay loop road are proposed. (Proffered Condition)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON
PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reason:
As proffered, the amended phasing plan continues to provide for the completion of the
loop road as intended with the original conditions of zoning.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. CONDITION NOTED WITH "STAFF/CPC" VVAS AGREED UPON BY
BOTH STAFF AND THE COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITION
The Owner-Applicant in this zoning 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 development of the property as included in Zoning Case
12SN0114 will be developed as set forth below; however, in the event the request is denied or
approved with conditions not agreed to by the Owner-Applicant, these proffers shall be
immediately null and void and of no further force or effect.
(STAFF/CPC) Prior to issuance of an occupancy permit within each of the three tracts,
Tracts A, B or C, as identified on the phasing plan titled "Phasing Plan for
Walmart Way" dated August 25, 2011, the entire section of the proposed
Walmart Way (designated as a special access street pursuant to Section
19-505(b) of the Zoning Ordinance) within that specific tract shall be
constructed to VDOT standards and accepted for State maintenance, as
determined by the Transportation Department. (T)
(Staff Note: This condition supersedes Condition 12.c of Case 03 SN0246
for the request property. With the exception of Condition 12.c, all other
conditions of Case 03SN0246 shall remain in effect.)
GENERAL INFORMATION
Location:
The request property is located at the northern terminus of Walmart Way, north of
Midlothian Turnpike. Tax IDs 734-709-7749; 735-709-0665; 735-710-0007, 3809 and
7711.
Existing Zoning:
I-1 with conditional use planned development
Size:
20.9 acres
Existing Land Use:
Vacant
2 12SN0114-OCT26-BOS-RPT
Adjacent Zoning and Land Use:
North - R-12; R-15 and I- l ;Single-family residential; vacant orright-of way.
South - 0-2 and I- l ;Public/semi-public or commercial
East - A; Single-family residential
West - R-7; Single-family residential
UTILITIES; ENVIRONMENTAL ENGINEERING AND FIRE
This request will have no impact on these facilities.
County Department of Transportation:
With the approval of Case 03 SN0246, the Board accepted several transportation related
proffers. To provide access to Midlothian Turnpike (Route 60) for the planned mixed-use
development, construction of a proposed loop road (Walmart Way) is required. A fifty
(50) foot wide right-of way has been dedicated for that proposed road. Proffered
Condition 12(c) of Case 03 SN0246 outlines the phasing for the construction of the
proposed Walmart Way. The existing phasing plan requires construction of specific
lengths of the proposed road prior to issuance of an occupancy permit in each
development tract and/or prior to exceeding a specific square footage of development.
Subsequent to the rezoning in 2003 and in accordance with the approved phasing plan,
two (2) sections of Walmart Way have been constructed. (Reference attached Condition
12 (c) of Case 03 SN0246 and associated phasing plan)
The applicant is requesting to modify the phasing plan for constructing the remaining
sections of the proposed Walmart Way (Proffered Condition). The proposed phasing plan
subdivides the subject property into three (3) tracts (Tracts A, B and C -reference
attached plan). The proposed proffer would require that prior to issuance of an occupancy
permit within each of the three (3) tracts, the entire section of the proposed Walmart Way
within that specific tract will be constructed. Based on the proposed proffered condition,
the Transportation Department supports the request.
Virginia Department of Transportation (VDOT):
VDOT understands that no connections will be allowed to Old Buckingham Road. Turn
lane warrants and/or onsite queuing storage of vehicles awaiting exit from sites within the
development shall be provided, as appropriate, at the time of construction plan
submission. Turn lanes shall be provided, if warranted. Appropriate sight distances shall
be provided for all connections made to roads proposed, or accepted, for State
maintenance.
3 12SN0114-OCT26-BOS-RPT
LANT~ T IMF,
Current Comprehensive Plan:
The subject property is located within the boundaries of the Northern Area Plan, which
suggests the property is appropriate for medium density residential use of 1.51 to 4.0
units/acre and passive recreation/conservation. One (1) of the goals of the Northern Area
Plan is to address land use transitions to ensure protection of the surrounding residential
developments. With the approval of Case 03 SN0246, the current I-1 zoning is intended to
provide this transition from the commercial uses along Midlothian Turnpike to the
residential uses located along the north line of Old Buckingham Road.
Draft Comprehensive Plan:
The Revised Draft Comprehensive Plan (as of September 2011) designates the subject
property "Community Corridor" and "Conservation/Recreation" (along Resource Protection
Areas). This proposed land use designation encourages: a) vertically and horizontally
integrated mix of residential, office, public, open space and commercial uses ("Community
Corridor"), and b) protection of environmentally sensitive and natural areas ("Conservation /
Recreation"). It should be noted that the revised draft plan is pending review by the Planning
Commission, has not been approved, and does not provide land use guidance for the subject
property at this time. As of the date of this report, the Commission has not forwarded a
recommendation regarding the revised draft plan to the Board of Supervisors. Additionally,
the Board has not reviewed the revised draft plan, nor has the Board taken any action on the
revised draft plan to date. The recommendations of the revised draft plan are provided for
reference purposes only.
Area Development Trends:
Properties to the north and west are zoned residentially and developed as the Olde Coach
Village, Old Buckingham Forest and Millstone Creek Subdivisions. Property to the east is
zoned agriculturally and occupied by asingle-family home on an acreage parcel. Properties
to the south are zoned Light Industrial (I-1) and Corporate Office (0-2) and developed for
commercial parking or public/semi-public use (electric substation).
Zonin Hg istory:
On October 23, 2003 the Board of Supervisors, upon a favorable recommendation of the
Planning Commission, approved a rezoning of a 56.9 acre tract to Community Business
(C-3) and Light Industrial (I-1) with conditional use planned development approval to
permit exceptions to Ordinance requirements (Case 03 SN0246). Expansion of an existing
commercial use, as well as new commercial, light industrial and office uses were
proposed. The subject of the current request was included in this case as part of the Light
Industrial (I-1) property.
4 12SN0114-OCT26-BOS-RPT
Conditions of this zoning approval included construction of a loop road (Walmart Way)
to provide access to Midlothian Turnpike for the planned mixed-use development.
CONCLUSION
As proffered, the loop road would be completed in sections prior to the issuance of occupancy
permits within each of the three (3) phased tracts. The proposed phasing plan continues to
provide for the completion of the loop road consistent with the intent of the original conditions of
Case 03 SN0246.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (9/20/1 l ):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Waller, seconded by Mr. Gulley, the Commission recommended
approval and acceptance of the proffered condition on page 2.
AYES: Messrs. Bass, Brown, Gulley, Hassen and Waller.
The Board of Supervisors, on Wednesday, October 26, 2011 beginning at 6:30 p.m., will take
under consideration this request.
5 12SN0114-OCT26-BOS-RPT
Case 03SN0246
Condition 12.c
12. Transportation.
(c) Access Road to Office/Service Property, Wal-Mart Property and
Stigall Property.
(i) Prior to any final site plan approval for any development on
the Office/Service Property, the Wal-Mart Property or the
Stigall Property, a fifty (50) foot wide right of way for a
special access street pursuant to Section 19-505(b) of the
Zoning Ordinance extending from the existing terminus of
WalMart Way shown conceptually as "Point A" on Zoning
Exhibit A ("Point A") to the western boundary of Tax ID
736-709-3667 shown conceptually as "Point C" on Zoning
Exhibit A ("Point C"), including right of way across the
parcel identified as Tax ID 735-709-5944, as applicable, all
as shown conceptually on Zoning Exhibit A (the "Western
Special Access Street"), shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield County.
The exact location of the Western Special Access Street
shall be approved by the Transportation Department.
(Note: This proffer shall not require bonding of
construction prior to the time construction is required
pursuant to the remaining sections of this proffer.)
(11) Prior to issuance of the initial occupancy permit for any
development on the Office/Service Property or the Stigall
Property, other than as part of the parking area for the Wal-
Mart Property as identified in the Textual Statement, at
least 600 linear feet of the Western Special Access Street
shall be constructed as a two (2) lane road and approved for
State acceptance, as determined by the Transportation
Department. The developer shall dedicate any additional
right of way (or easements) required for this improvement
(e.g. slope easements or temporary cul-de-sac), free and
unrestricted, to and for the benefit of Chesterfield County.
(111) Prior to the first to occur of (A) issuance of occupancy
permits for more than 45,000 square feet of buildings on
the Office/Service Property and the Stigall Property,
calculated on a cumulative basis, or (B) issuance of
occupancy permits for any building constructed on the
Office/Service Property or the Stigall Property subsequent
to approval of site plans for more than seven and one half
(7.5) acres of the Office/Service Property and the Stigall
Property, calculated on a cumulative basis, a total of at least
1,200 linear feet of the Western Special Access Street shall
be constructed as a two (2) lane road and approved for
State acceptance, as determined by the Transportation
Department ("Phase II"). The developer shall dedicate any
additional right of way (or easements) required for this
improvement (e.g. slope easements or temporary cul-de-
sac), free and unrestricted, to and for the benefit of
Chesterfield County.
(iv) Prior to approval of any site plan for which construction of
Phase II of the Western Special Access Street is required, a
bond shall be provided to the County to assure completion
of the remaining portion(s) of the Western Special Access
Street necessary to extend the roadway from Point A to
Point C (the "Road Construction Bond"). The Road
Construction Bond shall be in an amount approved by the
Transportation Department and may be reduced upon
completion of each phase of construction of the Western
Special Access Street as determined by the Transportation
Department.
(v) Prior to the first to occur of (A) issuance of occupancy
permits for either more than 90,000 square feet of buildings
on the Office/Service Property and the Stigall Property,
calculated on a cumulative basis, or (B) issuance of
occupancy permits for any building constructed on the
Office/Service Property or the Stigall Property subsequent
to approval of site plans for more than fifteen (15) acres of
the Office/Service Property and the Stigall Property,
calculated on a cumulative basis, or (C) five (5) years from
the date of the initial delivery of the Road Construction
Bond to the County, the entire Western Special Access
Street from Point A to Point C shall be constructed as a two
(2) lane road and approved for State acceptance, as
determined by the Transportation Department. The
developer shall dedicate any additional right of way (or
easements) required for this improvement (e.g. slope
easements or temporary cul-de-sac), free and unrestricted,
to and for the benefit of Chesterfield County.
(vi) Each phase of construction of the Western Special Access
Street shall connect with roadways extending from either
Point A or the point shown conceptually as "Point D" on
the Plan
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