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98SN0186May 25, 1999 BS ADDENDUM 98SN0186 Walter W. Marsh Dale Magisterial District North line of Cogbill Road ~: Rezoning from Agricultural (A) to Light Industrial (I-i). On April 22, 1999, the applicant submitted a revised Proffered Condition 1 agreeing to utilize the public wastewater system for any development on the property. The applicant had previously proffered the utilization of the public wastewater system, except that one (1) private septic system would be allowed for the initial user. The revised proffer addresses staff's concerns with respect to use of a private septic system. Staff now recommends approval of this request, subject to the condition and acceptance of the proffered conditions in "Staff's Request Analysis and Recommendation," plus the amended Proffered Condition 1 stated herein. It should be noted that the Planning Commission recommended denial of this request. Their basis of denial not only included concerns related to the use of a private septic system, but also the failure to include the entire property, provide a comprehensive plan of development and provide more details relative to the development. PROFFERED CONDITION 1. The public waste water system shall be used. Providing a FIRST CHOICE Community Through Excellence in Public Service. 98SN0186/WP/MAY25II '~ ~1~ I ~1 I t'~no ~"~T~I'~ -r'-"- .TX~&" ~ n -~nno ~T~ J~, '~ ~ I nno ~'~ 1'111~t 4'~'~ 1~0 '~C~ May 25, 1999 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 98SN0186 Walter W. Marsh Dale Magisterial District North line of Cogbill Road REOUEST: Rezoning from Agricultural (A) to Light Industrial (I-1). PROPOSED LAND USE: Light industrial uses, except as restricted by Proffered Condition 11, are planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL. STAFF RECOMMENDATION Recommend approval subject to the applicant addressing utility concerns as discussed herein. This recommendation is made for the following reasons: Ao The proposed zoning and land use, coupled with the condition and proffered conditions conform with the Central Area Plan which suggests the property is appropriate for light industrial use. Bo The Central Area Plan suggests that light industrial uses adjacent to existing and furore residential areas should be designed in a campus-style setting to be achieved through preservation of forested character, landscaping and building with architectural style and materials of the quality found in office/industrial parks such Providing a FIRST CHOICE Community Through Excellence in Public Service. as Moorefield or the Arboretum. While the property is not currently forested, the proffered conditions requiring landscaping adequately address this concern. The applicant has not adequately addressed concerns relative to use of public wastewater system, as discussed herein. The proposed zoning and land use conform with existing and anticipated area industrial development. The requirements of the Zoning Ordinance, condition and proffered conditions further insure land use compatibility and address concerns relative to buffers, drainage, transportation, land uses and site design. (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER(S) MAY PROFFER OTHER 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.) (STAFF) A minimum fifty (50) foot buffer shall be maintained adjacent to GPIN 764-676- 4974, 764-677-5237 and 764-678-2924. This buffer shall conform to the requirements of the Development Standards Manual for fifty (50) foot buffers, Sections 19-521 and 19-522. (P) PROFFERED CONDITIONS The public waste water system shall be used, except that one (1) private septic system will be allowed for the initial user. This single septic system is to be considered temporary in nature. In conjunction with the first site plan submitted for development on the request site beyond the initial user served by the single septic system, a plan for the off-site waste water line shall be submitted to the County for review and approval. That plan shall also include an on-site layout of the waste water lines that will serve the undeveloped portion of the request site, and provide for the abandonment of the single septic system and connection of the initial user to the public waste water system. (STAFF) Except for the 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 98SN0186/WP/MAY25I (STAFF) (STAFF) (STAFF) (STAFF) o o o obtained from the Environmental Engineering Department and the approved device(s) have been installed. Where any impervious area from the development drains to either road crossing of Belmont Road, the following shall occur: a) Detention / retention ponds shall be designed such that the post development release rate, in combination with any other non- detained ultimate build-out drainage flowing to the culverts under Belmont Road, shall meet current VDOT design criteria for the protection of secondary roads (i.e., 10 year storm frequency designs). b) Unless prohibited by the owner, a study of the existing lake downstream of the northern culvert under Belmont Road shall be undertaken to correlate its existing spillway(s) capacity to post- development storm water discharges. Actions taken to address any lake spillway-capacity deficiencies will be the responsibility of the Developer. Prior to any site plan approval, forty-five (45) feet of right of way on the north side of Cogbill Road, measured from the centerline of that part of Cogbill Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. ao Direct access to Cogbill Road shall be limited to one (1) entrance/exit, located towards the eastern property line. The exact location of this access shall be approved by the Chesterfield County Transportation Department. Direct access to Belmont Road shall be limited to one (1) entrance/exit located generally within the easement area ("Easement Area") which is noted and shaded on the plan prepared by Virginia Surveys, titled "MAP SHOWING TWO PARCELS OF LAND SITUATED ON COGBILL ROAD AND BELMONT ROAD IN CHESTERFIELD CO., VIRGINIA" with a revision date of May 1, 1998. The exact location of this access shall be approved by the Chesterfield County Transportation Department. To provide an adequate roadway system, the developer shall be responsible for the following: 3 98SN0186/WP/MAY25I Construction of additional pavement along Cogbill Road and Belmont Road at the approved accesses to provide left and right mm lanes if warranted based on Chesterfield County Department of Transportation standards; Relocation of the ditch to provide an adequate shoulder along the north side of Cogbill Road for the entire property frontage; Co Relocation of the ditch to provide an adequate shoulder along the east side of Belmont Road for the length of the Easement Area; do Dedication to and for the benefit of Chesterfield County, free and unrestricted, any additional right of way (or easement) required for the improvements identified in 6a, 6b, and 6c above. (STAFF) Prior to any site plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 6, shall be submitted to and approved by the Chesterfield County Transportation Department. The approved phasing plan shall require that all of the Belmont Road improvements be provided at such time as direct access to Belmont Road, as identified in proffered condition 5.b, is constructed. (STAFF) o Development shall be designed in a campus style setting to be achieved through landscaping and buildings with architectural styles and materials similar to the quality found in the industrial sections of office/industrial parks such as Moorefield or the Arboretum. bo In conjunction with the first site plan submitted, a landscaping plan and elevations depicting this requirement, shall be submitted to the Planning Department for review and approval. (STAFF) The enforceability, legality, elimination, revision or amendment of any proffer set forth herein, in whole or in part, shall not affect the validity or enforceability of the other proffers or the unaffected part of any such proffer. (STAFF) 10. Prior to any site plan approval, an access easement acceptable to the Chesterfield County Transportation Department shall be recorded from Cogbill Road and Belmont Road at the approved access, across the subject property and Easement Areas to the property located in the northeast comer of the Belmont Road/Cogbill Road intersection, being GPIN 763-677-Part of 7240 which is not part of this request. This easement shall be moveable, 4 98SN0186/WP/MAY25I (STAFF) 11. as approved by the Chesterfield Transportation accommodate future development needs. The following uses shall not be permitted: (a) (b) (c) (d) (e) (0 (g) (h) (i) O) (k) (1) (m) Department, to Bottling and canning soft drinks and carbonated water. Cold Storage. Freight forwarding, packaging and crating services, not including track terminals. Fur dressing and dyeing. Linoleum, asphalt-feltbase and other hard surface floor cover manufacturing. Moving companies, to include, but not limited to, households and businesses. Paper recycling by the compaction method. Roasting coffee, coffee products and tea manufacturing. Bakery products manufacturing Industrial and vocational schools Park and ride lots Tool and equipmem rental Warehouses, provided however, that self-storage or mini-storage warehouse facilities shall be permitted subject to the restriction outlined in Proffered Condition 12 and office/warehouse uses shall be permitted provided that such uses are designed similar to the office/warehouse uses located on Tax ID 767-669-2749, 5811, 6235 and 9931 (aka Chesterfield Business Center), Tax ID 764--672-1870 (aka 288 Business Center) and Tax ID 759-673-1481 (aka AdBel Business Village) as determined at the time of site plan review and approval. 5 98SN0186/WP/MAY25I The intent of this proffer is to require multi-tenant buildings with each tenant having a combination of office/warehouse space. The intern is to preclude the use by any individual tenant of any individual building for primarily warehouse space. (n) Wholesaling houses and distributors except that such uses shall be permitted as part of an office/warehouse project as outlined herein. (STAFF) 12. Screening of loading areas for any self-service storage facility from adjacent properties shall be achieved through the positioning of the self- service storage buildings in a compound-like manner such that the walls of buildings closest to the boundary lines of such use shall be generally parallel to the boundary. GENERAL INFORMATION Location: Fronts the north line of Cogbill Road, east of Belmont Road. GPIN 763-677- Part of 7240 (Sheet 22). Existing Zoning: A Size: 29.4 acres Existing Land Use: Vacant Adjacent Zoning & Land Use: North South East West - A; Vacant - A and I-l; Single family residential, public/semi-public (County Airport) or vacant - A; Single family residential or vacant - A; Vacant 98SN0186/WP/MAY25I UTILITIES Public Water System: There is an existing twenty (20) inch water line extending along the east side of West Belmont Road adjacent to the westernmost comer of the request site. In addition, there is an existing twenty (20) inch water line extending along a portion of Cogbill Road and adjacent to the southwest comer of the request site. Use of the public water system is required by County Code. Public Wa~[¢water System: There is an existing eight (8) inch wastewater collector extending along Five Forks Lane approximately !,600 feet northwest of the request site. Use of the public wastewater system has been recommended by the Utilities Department.' Proffered Condition 1 addresses the use of the public wastewater system, but would allow the use of private septic system for an initial development on the property. When an additional development occurs, a public wastewater line will be extended to serve the entire property and all development on the site will be connected to such line. While the Utilities Department continues to recommend that the public wastewater system be used for all development, if the Planning Commission wishes to consider allowing limited, temporary use of private septic systems, then acceptance of Proffered Condition i would be acceptable. ENVIRONMENTAL Drainage and Erosion: The property is located just beyond the northeast intersection of Cogbill Road and Belmont Road. The property drains to the northwest to two (2) locations under Belmont Road. The northernmost area drains across three to four parcels prior to draining under Belmont Road and then into an adjacent pond. The remainder of the property drains across the remaining portion of this particular parcel before draining under Belmont Road and then to Licking Creek. There are no existing on-site drainage or erosion problems; however, there could be standing water because some areas are flat. It appears that several, off-site drainage easements will be necessary to drain the proposed development to an adequate, natural watercourse. Erosion problems with the development of this site are not anticipated; however, it is anticipated that the areas of Belmont Road through which this property drains will flood because of inadequate culverts and that the pond adjacent to the Belmont 7 98SN0186/WP/MAY25I Road right-of-way may possibly be inadequate to handle additional water from an industrial development. To address staff's concerns with the flooding of Belmont Road and the ability of the adjacent pond to handle additional runoff, the applicant has proffered that where any impervious area from the development drains to either road crossing of Belmont Road, detention/retention ponds will be designed such that the post development release rate and any other non-detained ultimate build-out drainage flowing to culverts under Belmont Road, will meet current VDOT design criteria for the protection of secondary roads. Unless prohibited by the owner, a study of the existing lake downstream of the northern culvert under Belmont Road would be undertaken to correlate its existing spillway(s) capacity to post-development storm water discharges. (Proffered Condition 3) The applicant has also proffered that, with the exception of timbering which has been approved by the Department of Forestry to remove dead or diseased trees, there will be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department (Proffered Condition 2). This will insure that proper erosion control measures are in place prior to any timbering and related land disturbance. PUBLIC FACILITIES Fire Service: The Public Facilities Plan indicates that Emergency Services calls are expected to increase forty-five (45) percent by the year 2015. Eight (8) new fire/rescue stations are recommended for construction by the year 2015 in the Public Facilities Plan. This property is currently served by the Dale Fire/Rescue Station, Company Number 11 and Bensley-Bermuda Rescue Squad. When the property is developed, the number of hydrants and quantity of water needed for fire protection will be evaluated during the plans review process. Also, the need for ingress/egress for emergency equipment and designation of fire lanes will be determined during the review of the aforementioned plans. Transportation: This request will not limit development to a specific land use; therefore, it is difficult to anticipate traffic generation. Based on light industrial trip rates, development could generate approximately 1,660 average daily trips. These vehicles will be distributed along Cogbill Road and Belmont Road which had 1997 traffic counts of 1,678 and 5,461 vehicles per day, respectively. The Thoroughfare Plan identifies Cogbill Road as a major arterial with a recommended right of way width of ninety (90) feet. The applicant has proffered to dedicate forty-five 98SN0186/WP/MAY25I (45) feet of right of way, measured from the centerline of Cogbill Road, in accordance with that Plan. (Proffered Condition 4) Development must adhere to the Zoning Ordinance, relative to access and internal circulation (Division 5). Access to major arterials, such as Cogbill Road and Belmont Road, should be controlled. The applicant has proffered to limit direct access to Cogbill Road to one (1) entrance/exit, located towards the eastern property line (Proffered Condition 5.a.). The applicant intends to also access the property from Belmont Road through an existing easement. This easement was recorded across the adjacent property to the north when it was subdivided for residential use. The applicant has proffered to limit direct access to Belmont Road to one (1) entrance/exit within the easement area (Proffered Condition 5.b.). Proffered Condition 10 requires that an access easement be recorded across the property and easement area to ensure shared use of the approved accesses to Cogbill Road and Belmont Road with the adjacent property located in the northeast corner of the Belmont Road/Cogbill Road intersection. Mitigating road improvements must be provided to address the traffic impact of this development. The applicant has proffered to: 1) construct additional pavement along Cogbill Road and Belmont Road at each approved access to provide left and right mrn lanes, based on Transportation Department standards; 2) relocate the ditch along the north side of Cogbill Road for the entire property frontage; and 3) relocate the ditch on the east side of Belmont Road for the entire length of the easement area. (Proffered Condition 6) At time of site plan review, specific recommendations will be provided regarding access and internal circulation. Comprehensive Plan: Lies within the boundaries of the Central Area Plan which suggests the property is appropriate for light industrial use. Area Development Trends: The surrounding properties are characterized by single family residential uses and vacant parcels zoned Agricultural (A). In addition, a portion of the property to the south is zoned for light industrial use and is occupied by the County Airport. The request property lies within an Emerging Growth Area. New construction must conform to the requirements of the Zoning Ordinance which address access, parking, 9 98SN0186/WP/MAY25I landscaping, architectural treaUnent, setbacks, signs, buffers, utilities, and screening of dumpsters and loading areas. In addition, the Central Area Plan suggests that light industrial uses adjacent to existing or future residential areas should be designed in a campus style setting to be achieved through preservation of forested character, landscaping and buildings with architectural styles and materials of the quality found in office/industrial parks such as Moorefield or the Arboretum. The applicant has submitted Proffered Condition 8 in an attempt to address this concern. As submitted, the proffer is consistent with the suggestions, spirit and intent of the Plan with respect to the design of industrial development. The Plan suggests that the "forested character" of the area should be maintained. This parcel, however, is not forested to the extent of other parcels designated for industrial use in the Plan. Therefore, the proffer addresses landscaping requirements which would have the effect of achieving the spirit and intent of the Plan's recommendations. This request does not include the entire parcel. The applicant has not chosen to include property located at the intersection of Belmont and Cogbill Roads. The adopted Plan also suggests that this adjacent property should be zoned for light industrial use. In keeping with the recommendations of the Plan relative to design of light industrial uses adjacent to residential areas, provisions should be made through design to incorporate this adjacent property into the "campus-style" setting of the subject property in the future. Proffered conditions should address this concern. Specifically, development on the subject site should accommodate future access through this site to the adjacent parcel (Proffered Condition 10) and buildings and sites should be designed to achieve future incorporation of that property. Otherwise, given the size and configuration of that adjacent parcel development having a "campus-style" setting may be difficult to achieve. Architectural Treatment: Within Emerging Growth Areas, no building exterior which would be visible to any agricultural or residential district or any public right of way may consist of architectural materials inferior in quality, appearance, or detail to any other exterior of the same building. There is, however, nothing to preclude the use of different materials on different building exteriors, but rather, the use of inferior materials on sides which face adjoining property. No portion of a building constructed of unadorned concrete block or corrugated and/or sheet metal may be visible from any adjoining agricultural or residential district or any public right of way. No building exterior may be constructed of unpainted concrete block or corrugated and/or sheet metal. Mechanical equipment, whether ground-level or rooftop, must be shielded and screened from public view and designed to be perceived as an integral part of the building. Development of the property must comply with these requirements. 10 98SN0186/WP/MAY25I Buffers & Screening: The Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters, garbage cans, trash compactors, etc.) be screened from view of adjacent property and public rights of way and that such area within 1,000 feet of any residentially zoned property or property used for residential purposes not be serviced between the hours of 9:00 p.m. and 6:00 a.m. In addition, sites must be designed and buildings oriented so that loading areas are screened from any property where loading areas are not permitted and from public rights of way. Adjacent properties to the north, east and a portion of the west property line are zoned Agricultural (A) and are occupied by single family residences or have been subdivided and are currently vacant. While the Central Area Plan suggests these properties are also appropriate for light industrial use, the applicant has recently recorded single-family residential lots on the property to the north and a portion of property to the west and plans to develop them for residential use unless incorporated into this development in the future. In addition, the adjacent property to the east is occupied by a single-family residence or is vacant. It is anticipated that these properties will continue to be used for residential use. The Zoning Ordinance does not require a buffer adjacent to these properties. However, as a means of providing some protection to existing and future homeowners, a buffer is recommended (Condition). At the time of site plan review, the Planning Commission may modify this buffer under certain circumstances. In addition, should the adjacent property be zoned or utilized for a non-residential use in the future, the buffer can be further reduced or eliminated. Proffered Condition 12 addresses concerns relative to the screening of loading areas for any self-service storage facility. The condition will require that the walls of buildings closest to the boundary lines of self-service storage facilities screen loading areas of any self-storage facility from those adjacent properties. CONCLUSIONS The proposed zoning and land use conform with the Central Area Plan which suggests the property is appropriate for light industrial use. In addition,, the proposed zoning and land use conform with existing and anticipated area development. The requirements of the Development Standards Manual, condition and proffered conditions further insure land use compatibility and address concerns relative to buffers, drainage, transportation and site design. However, the applicant has not adequately addressed concerns relative to the use of the public wastewater system. Given these considerations, approval of this request is recommended subject to the applicant addressing utility concerns, as discussed herein. 11 98SN0186/WP/MAY25I CASE HISTORY Planning Commission Meeting (3/17/98): At the request of the applicant, the Commission deferred this case to their May 19, 1998, meeting. Staff (3/18/98): The applicant was advised in writing that any significam new or revised information should be submitted no later than March 24, 1998, for consideration at the Commission's May 19, 1998, public hearing. Also, the applicant was advised that a $150.00 deferral fee must be paid prior to the Commission's public hearing. Applicam (3/26/98): The applicant paid the deferral fee. Applicam, Staff, Area Citizens and Dale District Commissioner (4/7/98): A meeting was held to discuss the concerns of area citizens. Issues included traffic, road improvements and permitted uses. Applicant (5/1/98): The applicant submitted revised proffered conditions to address concerns relative to utilities (public wastewater), an access easement and use restrictions. In addition, a map referenced in Proffered Condition 1 was submitted. Applicam (5/19/98): The applicant submitted a revision to Proffered Condition 1. 12 98SN0186/WP/MAY25I Planning Commission Meeting (5/19/98): The Commission deferred this case to their June 16, 1998, public hearing. Staff (5/19/98): The applicant was advised in writing that any new or revised information should be submitted no later than May 25, 1998, for consideration at the Commission's June 16, 1998, public hearing. Board of Supervisors' Meeting (5/27/98): The Board deferred this request to their July 29, 1998, public hearing. Staff (5/29/98): To date, no new information has been received. Applicant (6/5/98): Proffered Condition 12, as discussed herein, was submitted. Planning Commission Meeting (6/16/98): The applicant did not accept the recommendation. There was opposition present. Concerns were expressed relative to the uses permitted and the intrusion of industrial uses into a rural atmosphere. Mr. Miller indicated that the proposal lacked sufficient detail for him to arrive at a position; expressed concerns relative to the utilities issues; that since the development would set a precedent for future industrial development in the area, more details were needed; and the uses permitted. On motion of Mr. Miller, seconded by Mr. Gulley, the Commission recommended denial of this request. AYES: Unanimous. 13 98SN0186/WP/MAY25I Board of Supervisors' Meeting (7/29/98): At the request of the applicant, the Planning Commission. Board of Supervisors remanded this case to the Staff (7/30/98): The applicant was advised in writing that the case would be scheduled for public hearing before the Planning Commission once it has been amended with a hearing date to be set based upon when the amendmem was submitted and the length of the Planning Commission's agenda. Applicant (1/21/99): The applicant submitted revised proffered conditions and requested the case be placed on the next available Planning Commission agenda. Applicam (3/30/99): The applicant submitted revised proffered conditions to address transportation concerns. Applicam (4/6/99): The applicant submitted revised proffered conditions to address transportation concerns. Applicam (4/7/99): The applicant submitted revised proffered conditions in an attempt to address concerns relative to utilities. Planning Commission Meeting (4/20/99): The applicam did not accept the recommendation. There was opposition present. Concerns were expressed relative to the impact that industrial development might have on area residents; the possibility of acquiring off-site right of way to accommodate road 14 98SN0186/WP/MAY25I improvements; the possibility of the existence of wetlands; use of septic system; the future of the remaining seven (7) acres not included in the current request; and the lack of a comprehensive plan for the development of the property. Mr. Miller indicated that the development of the subject site would set a precedent for the area and therefore, the quality should be evaluated closely. He stated that details were lacking relative to the applicant's intention; that the use of septic caused concern; and that the applicant had failed to plan the entire property comprehensively, especially given that the entire acreage had not been included in the application. Mr. Miller indicated that extension of sewer would bring a better quality of development. On motion of Mr. Miller, seconded by Mr. Gulley, the Commission recommended denial of this request. AYES: Unanimous. The Board of Supervisors, on Tuesday, May 25, 1999, beginning at 7:00 p.m., will take under consideration this request. 15 98SN0186/WP/MAY25I Z¢ ROBINWOOD ~ ,4 CHESTERFIELD COUNTY AIRPORT~,,~ .~_/98SN0186 ~ ~x ~,,, ~ REZ: A TO 'r-I~ ,,, N 0 O~ C3. PARCEL ~.~ "D" ~ ~ ~ e°o~ ~ PARCEL % "C" EASEMENT (SHADED AREAl W.W.MARSH C.A.MARSH DB.3075 P6.706 TM.763-677-7240 CEL 7. 803 ACRES · 5 · W/L EASEMENT RE HYD. 3 PARCEL 1 2,9. 403 ACRES PARCEL EXHIBIT A PARCEL EASTERN I/3 OF PARCEL I 9.801 ACRES NaD ~f85NO IB~,-/ Petition We the residents, of the Belmont/Cogbill Road area, by signing this petition wish to express our desire that the rezoning ordinance by Mr. Walter Marsh, be denied. We feel that this type of development will be a detriment to the area and will create numerous problems regarding traffic congestion, lack of a septic system and an establishment which will not fit in with our rural surroundings. Name Address Petition We the residents, of the Belmont/Cogbill Road area, by signing this petition wish to express our desire that the rezoning ordinance by Mr. Walter Marsh, be denied. We feel that this type of development will be a detriment to the area and will create numerous problems regarding traffic congestion, lack of a septic system and an establishment which will not fit in with our rural surroundings. Name Address ,(