13SN0161CASE MANAGER: Robert Clay
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ADDENDUM
13SN0161
(AMENDED)
Douglas Hackman
and.
Deborah Hackman
June 26, 2013 BS
Dale Magisterial District
Southeast corner of Newbys Bridge Road and Hagood Lane
REQUEST: Rezoning from Light Industrial (I-1) to Light Industrial (I-1) with conditional use
approval to permit commercial indoor and outdoor recreational uses, limited
Community Business (C-3) uses and outside public address system plus
conditional use planned development approval to permit exceptions to ordinance
requirements.
PROPOSED LAND USE:
A water sports and event park with associated retail sales and restaurant uses are
planned. With approval of this request, uses perntted by-right or with restrictions in
the Light Industrial (I-1) District would also be permitted. In addition, exceptions to
paving, landscaping, setback and buffer requirements, as well as, to the requirement
that all uses be conducted within an enclosed building are requested.
The purpose of this addendum is to advise the Board of Supervisors of revisions to Proffered
Conditions and a plan submitted by the applicant's representative on June 11, 2013.
On June 11, 2013, the applicants submitted an amended master plan and proffered conditions in an
effort to address concerns expressed by citizens and staff at community meetings and at the
Planning Comnussion public hearing. While these amendments were submitted subsequent to the
Planning Comnussion's consideration of the request they were submitted prior to the advertisement
of the Board of Supervisor's public hearing therefore, a suspension of your Hiles is not required.
The specifics of the amendments are as follows:
Since an amended plan was subntted, it was necessary to amend Proffered Condition 1 to note the
name change and the revision date of the plan. Those changes are noted and discussed below, in the
TextLial Statement and Master Plan section of this addendum.
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
Proffered Conditions 3 and 4 were modified in an attempt to address concerns expressed relative to
transportation improvements. The specifics of these amendments are noted in the Transportation
section of this addendum.
Proffered Condition 5 is intended to address the phasing of the extension of public utilities to serve
the use relative to the timing of development. The specifics of these amendments are noted in the
Utilities and Health Department sections of this addendum.
Staff continues to recommend denial of this case for the reasons outlined in the "Request Analysis"
and as further noted in this addendum.
PROFFERED CONDITIONS
1. The Textual Statement, dated 5/15/2013, and the plan titled "LasOlas Water Sports Park"
prepared by Balzer and Associates, updated 6/10/13, shall be considered the Master Plan.
(P)
3. Road Improvements. The developer shall be responsible for the following road
improvements:
a. Constriction of additional pavement along Newbys Bridge Road at the approved
access to provide right and left turn lanes based on Virginia Department of
Transportation (VDOT) standards.
b. Relocation of the ditch to provide an adequate shoulder along the east side of
Newbys Bridge Road for the entire property frontage. Prior to issuance of any
certificate of occupancy, this improvement shall be completed as determined by
the Transportation Department.
c. Dedication to Chesterfield County free and unrestricted, any additional right of
way (or easement) required for the improvements above. (T)
4. Densi .For any land use other than Light Industrial (I-1), the maximum density of
development on the property, based on current road conditions, shall be as listed below or
equivalent traffic generation as determined by the Transportation Department:
a. 2,000 square feet (square feet) of Retail (sporting goods)
b. 2,000 square feet of Health Club
c. 800 square feet of High-Turnover (Sit-Down) Restaurant
d. 4,000 square feet of Quality Restaurant
e. 54 room Hotel
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£ 300 Seat Pavilion, (operational hours M-F 7pm-1 lpm, Sat gam-1 lpm, Sun 1 lam-
9pm) (T)
(Note: Recreation water ponds and Flo-Wave surf pool, including a, b and c
above equate to an eighteen (18) hole golf course for trip generation purposes.)
5. Phase 1 of the wake park (circular wake pond, pavilion, health club, cafes and shops)
shall be permitted to operate on well and septic/portable domestic facilities. The
developer will work with the Utility Department to extend the waste water system within
24 months of issuance of certificate of occupancy. Phase 2 of the wake park (wave pool)
shall extend and connect all new and existing uses to county water. At such time as the
public water and/or wastewater system(s) are extended to within 200 feet of the subject
property, whichever occurs first, connection to that system shall be made for all new and
existing uses on the property. (U and HD)
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Public Water Svstem:
There is a twelve (12) inch water line extending along a portion of Burnett Drive that
ternunates approximately 3,300 feet northwest of this site. Extension of an adequately sized
water line easterly along Burnett Road then south along Newbys Bridge Road to the request
site would be necessary to serve this development. The use of the public water system is not
required by County code, but is recommended.
The applicants have proposed development of this site in phases. Phase 1 will include a
circular wake pond, a 300 seat pavilion, a 2,000 square foot health club, 800 square foot
(high turnover) and 4,000 square foot (quality) sit down restaurants and a 2,000 square foot
retail shop. The applicants propose to initially develop those uses on a private well
(Proffered Condition 5). Phase 2 includes the addition of a wave pool at which time the
applicant proposes to extend the public water system and connect all new and existing uses
(Proffered Condition 5). Staff has advised the applicants that they will be fiilly responsible
for that water line extension and that there is no guarantee that the County will provide
assistance with the acquisition of off-site utility easements. It is assumed that constriction of
the hotel will occur in Phase 3, although that is not specified in the proffers. At any time
during development of the site, if the public water system is extended by others to within
200 feet of the site, all new and existing uses will be connected to the public water system.
(Proffered Condition 5)
Public Wastewater Svstem:
There is an existing eight (8) inch wastewater collector extending along a tributary of
Licking Creels that serves the 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. The use of
the public wastewater system is not required by County code, but is recommended.
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The applicants have proposed development of this site in phases. Phase 1 will include a
circular wake pond, a 300 seat pavilion, a 2,000 square foot health club, 800 square foot
(high turnover) and 4,000 square foot (quality) sit down restaurants and a 2,000 square foot
retail shop. The applicants propose to iriitially develop those uses on a private septic system
or portable facilities (Proffered Condition 5).The applicants have indicated that they will
work with the Utilities Department to extend the public wastewater system to the site within
twenty-four (24) months of the issuance of a Certificate of Occupancy (Proffered Condition
5). Staff has advised the applicants that they will be fully responsible for that wastewater
line extension and that there is no guarantee that the County will provide assistance with the
acquisition of off-site utility easements. At any time during development of the site, if the
public wastewater system is extended by others to within 200 feet of the site, all new and
existing uses will be connected to the public wastewater system. (Proffered Condition 5)
Discussion:
Because of the commercial nature of the proposed uses, the Utilities Department has
continued to recommend that the public water and wastewater systems be extended and
utilized with the iriitial phase of development. From the information that has been
provided it appears that the applicants intend to utilize a well or other sources to fill the
Phase 1 wake pond and to utilize the public water system for the Phase 2 wave pool It is
unclear if the wave pool would require periodic cleaning and if sq where that water
would be discharged. No information has been provided as to anticipated water demands
and wastewater flows, so it is not possible to evaluate the potential impact on the public
water and wastewater systems.
The Master Plan layout dated 6/10/2013 indicates three phases of development, and
shows two large water areas labeled as "water sports area", both to be constricted in
Phase 1 along with cafe, shops, and a pavilion. A circular area labeled as "flow park
area" is indicated as being constricted in Phase 2. Phase 3 is indicated as a hotel. From
discussions with the applicant, staff has been under the impression that the large water
area towards the west side of the request site, closest to Newby's Bridge Road, was what
the applicants refer to in Proffered Condition 5 as the "circular wake pond", and the large
water area towards the east side of the request site, also labeled as "5,800,000 gallons",
was what the applicant refers to in Proffered Condition 5 as the "wave pool".
However, in Proffered Condition 5, the circular wake pond is indicated as being
constricted in Phase 1 and the wave pool is to be constricted in Phase 2. Neither the flow
park area nor the hotel is addressed in Proffered Condition 5. There is no clear correlation
between the phased development depicted on the Master Plan and what is described in
Proffered Condition 5. There is no guarantee given as to a particular sequence of
development, so although it may be unlikely, it is possible the applicants could pursue
constriction of the hotel first using a well and septic system.
4 13SN01Ei1-JL`~N2Ei-BC)S-_~DD
Conclusion:
It is staff's opinion that Proffered Condition 5 as written does not guarantee that the
developer will ever extend public wastewater service to the property. The Utilities
Department has always recommended that public water and wastewater be used with new
development, especially commercial and industrial uses. Staff is of the opinion that the
uses proposed with Phase 1 are too intense to be developed with a well, septic system and
portable facilities. Since Proffered Condition 5 fails to provide for the extension of public
water and wastewater service with the initial development, the Utilities Department
cannot support this request.
However, should the Board of Supervisors wish to act favorably upon this case, staff
recommends that Proffered Condition 5 not be accepted. Instead, subject to the applicants
meeting all requirements of the Health Department for well and septic system use, staff
would recommend that the following be imposed as conditions:
1) Plans for the extension of public water and wastewater lines to the site shall be
approved and all off-site easements dedicated to the County prior to the start of
any constriction on the request site.
2) Constriction of public water and wastewater line extensions to the site shall be
completed within two (2) years of the date of issuance of the first building permit.
3) The developer shall post a bond for the value of the public water and wastewater
line extensions to the site to guarantee that the work will be completed.
Health Department:
If an on-site wastewater disposal system is used it must be approved by the Health
Department. At this time, due to the scale of the project and the limited space available
on the property, the Health Department is unable to make a determination if the site will
support an on-site sewage system for routine use. The Health Department recommends
that the developer contract with an Alternative Onsite Soil Evaluator (AOSE) or a
Professional Engineer (PE) to evaluate the property to determine if a suitable area for an
on-site system exists on the property. This evaluation should be done prior to site plan
approval. The Health Department also recommends that the developer hire an AOSE or
PE to either design the on-site system or obtain a certification letter for an on-site system
that will serve the proposed facilities. Occasional large events will likely require
additional portable bathroom facilities. Portable bathroom facilities cannot be used as a
substitute for an approved on-site wastewater disposal system.
Any well used for domestic purposes must be permitted through the Office of Drinking
Water at the Health Department.
To use anon-potable well to supplement the filling of the recreational lakes, the owner
will need to obtain a private well permit from the Health Department. If groundwater is to
13SN01Ei1-JL`~N2Ei-BOS-_~DD
be used to supplement filling the recreational lakes, a hydrologic study should be
conducted to see if the aquifer will support the planned water withdrawal and how the
withdrawal will affect the water supply of surrounding landowners. The hydrologic study
must be conducted and the results submitted to the Health Department prior to site plan
approval.
Provisions for testing the water quality of the lakes should be established in order to
ensure that the water is safe for recreational use.
County Department of Transportation:
The applicant has submitted transportation proffers to address access, road
improvements, and maximum density (Proffered Conditions 2 through 4). Proffered
Condition 3 fails to adequately address phasing of the road improvements, specifically
turn lanes. Because the applicant is not willing to provide turn lanes with the initial phase
of development, the County Department of Transportation (CDOT) cannot support this
request.
Along Newbys Bridge Road from Valencia Road to Celestial Lane, the Virginia
Department of Transportation (VDOT) is managing three (3) projects to: 1) Improve the
sight distance at Valencia Road intersection; 2) Improve the curve at Sunnygrove Road;
and 3) Improve the curve at Burnett Drive intersection. These projects are planned to be
under constriction in 2015/2016. The County is managing two (2) projects from Celestial
Lane to Belmont Road. The County is managing a cash proffer project to improve the
Celestial Lane curve, provide minor pavement widening and to add shoulders to Hagood
Lane. Constriction is anticipated to begin in late summer 2013/late spring 2014. Alsq the
County is managing a VDOT Revenue Sharing project to reconstnict Newbys Bridge
Road from Hagood Lane to Belmont Road to provide minor pavement widening and add
shoulders. Constriction is anticipated in 2014.
With this request, the applicant has proffered a maximum density of 2,000 square feet
retail (sporting goods), 2,000 square feet health club, 800 square feet high-turnover (sit-
down) restaurant, 4,000 square feet quality restaurant, fifty-four (54) room hotel, 300 seat
pavilion, or equivalent traffic generation as determined by the Transportation Department
(Proffered Condition 4). The applicant has indicated that the property will be developed
as a water sports/wave park with accessory uses listed above. Traffic generation
information for a water sports/wave park or a pavilion is not available. This traffic would
be initially distributed along Newbys Bridge Road, which had a 2012 traffic count of
4,732 vehicles per day. Based on the applicant's Master Plan and the difficulty in
assessing the traffic impact of a water sports/wave park, CDOT cannot support this
request unless left and right turn lanes are provided with the initial development.
The Thoroughfare Plan identifies Newbys Bridge Road as a major arterial with a
recommended right-of--way of ninety (90) feet. Per Proffered Condition 2 of Case
02SN0171, the applicant dedicated forty-five (45) feet of right-of--way from the centerline
of Newbys Bridge Road, in accordance with that Plan. Vehicular access to major arterials
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should be controlled in order to help maintain acceptable levels of service and minimize
conflict points. The applicant has proffered to limit vehicular access to Newbys Bridge
Road to one (1) entrance/exit, generally located towards the southern property line.
(Proffered Condition 2)
To assist in addressing the traffic impact of this request, the applicant has proffered to
constrict additional pavement along Newbys Bridge Road at the approved access to
provide left and right turn lanes and to relocate the ditch to provide an adequate shoulder
along Newbys Bridge Road (Proffered Condition 3). The applicant has proffered to
provide turn lanes based on VDOT standards. Based on the difficulty in assessing the
traffic impact of a water sports/wave park, CDOT recommends left and right turn lanes
be provided with the initial development, which would likely require turn lanes prior to
meeting VDOT standards for turn lanes. Constriction of the turn lanes will likely require
the developer to acquire "off-site" right-of--way.
Without a comnutment to provide turn lanes with the initial phase of development, the
County Department of Transportation cannot support this request.
Texnial Statement and Master Plan:
The plan subnutted with the application was amended to reflect a reconfiguration of the
three (3) phases of the proposed development. The revised plan depicts expansions of
Phases 1 and 3 and a reduction in size of Phase 2. Some of the elements that were in Phase 2
have now been placed in Phases 1 and 3. The revised plan also displays a new name for the
project - "La Olas Water Sports Park," and has an updated revision date.
Staff notes there are some inconsistencies between the Textual Statement, Master Plan and
proffered conditions, with respect to the identification of uses/facilities, As an example, the
facilities referenced as "circular wake pond", "flow-wave surf pool" and "wave pool" in the
Texnial Statement and proffers are not readily identifiable on the plan. Sinularly, the
ternunology used to describe some of the feanires and facilities on the plan do not appear in
the Texnial Statement or proffers. These inconsistencies are difficult to identify what phase
certain uses/facilities are to be developed.
7 13SN0161-1UN26-BUS ~~DD
CASE MANAGER: Robert Clay
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BS Time Remaining:
365 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
13SN0161
(AMENDED)
Douglas Hackman
and.
Deborah Hackman
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June 26, 2013 BS
Dale Magisterial District
Southeast corner of Newbys Bridge Road and Hagood Lane
REQUEST: Rezoning from Light Industrial (I-1) to Light Industrial (I-1) with conditional use
approval to permit commercial indoor and outdoor recreational uses, limited
Community Business (C-3) uses and outside public address system plus
conditional use planned development approval to permit exceptions to ordinance
requirements.
PROPOSED LAND USE:
A water sports and event park with associated retail sales and restaurant uses are
planned. With approval of this request, uses permitted by-right or with restrictions in
the Light Industrial (I-1) District would also be permitted. In addition, exceptions to
paving, landscaping, setback and buffer requirements, as well as, to the requirement
that all uses be conducted within an enclosed building are requested.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. While the Light Industrial (I-1) zoning complies with the Comprehensive Plan
which designates the property for Industrial use, the proposed commercial use
exceptions are not representative of, or compatible with, existing and anticipated
area development.
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
B. The requested exception to the paving of parking and drives is inappropriate given
the proposed improvements are of a permanent nature. Further, there is no
guarantee development of the property would reach to the point where paving
would be required.
C. The proposed reduction in the buffer required along the eastern property boundary
would be inappropriate given the intensification of uses and activities on the
subject property. The reduced buffer would provide little protection to the
adjacent residents to the east.
D. The proffered conditions fail to adequately address the County Department of
Transportation (CDOT) concerns, to include, maximum density, constriction of
road improvements along Newbys Bridge Road and the phasing of road
improvements. They also fail to address the concerns of the Utilities Department
with respect to the use of public utilities.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS.)
CONDITION
Airport Noise Impacts. The developer shall notify (by record notice, deed, contract for
sale, occupancy agreement, lease, or other similar property agreement) future owners and
tenants, of potential overhead noise impacts resulting from the property's location in an
airport traffic pattern for the Chesterfield County Airport. Such notice shall include a
statement that the normal operations of the airport include taking off and landing of
aircraft at the airport, which can occur at any time day or night, seven (7) days a week,
including holidays, all weeks of the year. Within six (6) months of the approval of this
request, the land owner, or developer on his behalf, shall record a notice that will be part
of the chain of title for all or any part of the property that provides written notice of
potential overhead noise impacts. The record notice shall be submitted for approval to the
Chesterfield County Attorney's Office prior to recordation. (GS)
PROFFERED CONDITIONS
1. The Textual Statement, dated 5/15/2013, and the plan titled "Splash Landing"
prepared by Balzer and Associates, dated 3/19/13, shall be considered the Master
Plan. (P)
2. Access.
a. Direct vehicular 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 Transportation Department.
2 13SN0161-1UN26-BOS-RPT
b. There shall be no direct vehicular access from the property to Hagood
Lane. (T)
3. Road Improvements. Prior to issuance of an occupancy permit on the property,
the following improvements shall be provided:
a. Constriction of additional pavement along Newbys Bridge Road at the
approved access to provide right and left turn lanes, if warranted based on
CDOT evaluation of impact.
b. Relocation of the ditch to provide an adequate shoulder along the east side
of Newbys Bridge Road for the entire property frontage.
c. Dedication to Chesterfield County free and unrestricted, any additional
right of way (or easement) required for the improvements above. In the
event the developer is unable to acquire any off-site right of way that is
necessary for road improvements described in the proffered condition 2.a.,
the developer may request, in writing, that the County acquire such right
of way as a public road improvement. All cost associated with the
acquisition 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)
4. Densi .The maximum density of development on the property shall be as listed
below or equivalent traffic generation as determined by the Transportation
Department:
a. 2,000 square feet (sf) of Retail (sporting goods)
b. 2,000 (s~ of Health Club
c. 800 (s~ of High-Turnover (Sit-Down) Restaurant
d. 4,000 (s~ of Quality Restaurant
e. 54 room Hotel
£ 300 Seat Pavilion, (operational hours M-F 7pm-1 lpm, Sat gam-1 lpm, Sun
11 am-9pm) (T)
5. Phase 1 of the wake park (circular wake pond, pavilion, health club, cafes and
shops) shall be permitted to operate on well and septic/portable domestic
facilities. Phase 2 of the wake park (wave pool) shall extend and connect all new
3 13SN0161-1UN26-BOS-RPT
and existing uses to county water. With development of Phase 3 (the hotel and all
other uses) or, at such time as the public water and/or wastewater system(s) are
extended to within 200 feet of the subject property, whichever occurs first,
connection to that system shall be made for all new and existing uses on the
property. (U)
6. The architectural theme of the project shall be tropical. Buildings shall be
compatible in architectural style, colors, and materials, similar to the designs
shown in "Exhibits B-1 thni B-4". The exact design and treatment shall be
submitted to the Planning Department for approval in conjunction with site plan
review. (P)
7. A minimum 5-foot tall undulating berm, as depicted in "Exhibit A", shall be
constricted along Newbys Bridge Road (west), Hagood Lane (north) and the east
property boundary, within the required setbacks. The berm shall be planted with
vegetation that is tropical in nature, i.e. bamboq palms, ferns, sea oat grass, etc. A
plan depicting this requirement shall be submitted to the Planning Department for
review and approval in conjunction with site plan review. (P)
GENERAL INFORMATION
T ncati nn
The request property is located in the southeast corner of Newbys Bridge Road and Hagood
Lane. Tax ID 757-677-2517.
Existing Zoning:
I-1 with conditional use planned development
Size
23.6 acres
Existing Land Use:
Vacant
Adj acent Zoning and Land Use:
North, South, East and West - A; Single-family residential or vacant
4 13SN01Ei1-JL`~N2Ei-BOS-RPT
UTILITIES
Public Water Svstem:
There is a twelve (12) inch water line extending along a portion of Burnett Drive that
ternunates approximately 3,300 feet northwest of this site. Extension of an adequately sized
water line easterly along Burnett Road then south along Newbys Bridge Road to the request
site would be necessary to serve this development. In addition, there is a twelve (12) inch
water line extending along Belmont Road, approximately 1,400 feet southeast of this site.
Access to this twelve (12) inch water line will require the acquisition of off-site easements
across the adjacent properties southeast of this site.
The applicants have proposed development of this site in three (3) phases. Phase 1 will
include a circular wake pond, 300 seat pavilion, 2,000 square foot health club, 800 square
foot (high tLirnover) and 4,000 square foot (quality) sit down restaurants and a 2,000 square
foot retail shop. The applicants propose to develop those uses on a private well (Proffered
Condition 5). Phase 2 includes the addition of a wave pool and the applicants propose to
extend the public water system and connect all new and existing uses (Proffered Condition
5). Phase 3 will include a hotel and potentially other unspecified uses. At any time during
development of the site, if the public water system is extended by others to within 200 feet
of the site, all new and existing uses will be connected to the public water system. (Proffered
Condition 5)
Public Wastewater Svstem:
There is an eight (8) inch wastewater collector extending along a tributary of Licking
Creek that serves the 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.
The applicants have proposed development of this site in three (3) phases. Phase 1 will
include a circular wake pond, 300 seat pavilion, 2,000 square foot health club, 800 square
foot (high tLirnover) and 4,000 square foot (quality) sit down restaurants and a 2,000 square
foot retail shop. The applicants propose to develop those uses on a private septic system or
portable facility (Proffered Condition 5). Phase 2 includes the addition of a wave pool and
no extension of the public wastewater system. Phase 3 will include a hotel and potentially
other unspecified uses, at which time the public wastewater system will be extended to the
site and all new and existing uses connected (Proffered Condition 5). At any time during
development of the site, if the public wastewater system is extended by others to within 200
feet of the site, all new and existing uses will be connected to the public wastewater system.
(Proffered Condition 5)
Discussion:
Because of the commercial nature of the proposed uses, the Utilities Department has
continued to recommend that the public water and wastewater systems be extended and
13SN0161-1UN26-BOS-RPT
utilized. The applicants initially proposed very limited uses under Phase 1 to be
developed on a well and septic system. Over time the applicants have added uses to the
proposal and have shifted more uses to Phase 1. From the information that has been
provided it appears that the applicants intend to utilize a well or other sources to fill the
Phase 1 wake pond and to utilize the public water system for the Phase 2 wave pool It is
unclear if the wave pool would require periodic cleaning and if sq where would that
water be discharged. No information has been provided as to anticipated water demands
and wastewater flows, so it is not possible to evaluate the potential impact on the public
water and wastewater systems.
As Proffered Condition 5 is written, the only activities that would trigger connection to
the public wastewater would be the development of a hotel under Phase 3, or the
extension of a wastewater line by others. It is possible that this site would not develop
beyond Phase 1, which would leave a fairly well developed commercial site on a well and
septic system. Development of vacant property west of this site would have to extend a
wastewater line through this site in order to develop.
Conclusion:
In the absence of specific information necessary to evaluate the impacts of this proposal
on the public systems and a proffer to extend public water and wastewater with initial
development, the Utilities Department cannot support this case.
Health Department:
The Virginia Department of Health (VDH) must approve plans for a septic and well
system prior to constriction. The owners will need to provide plans from a Professional
Engineer/Authorized Onsite Soil Evaluator (PE/AOSE) for a well and septic constriction
permit and pay all application fees at the local Health Department. VDH strongly
recommends that the owners verify that an on-site system can be permitted early in the
project. If any additional wells will be needed on the property they will need to make
application and pay any additional fees prior to constriction of the well.
ENVIRONMENTAL
Drainage and Erosion:
Under the present zoning, a site plan entitled Licking Creels Farm was approved by the
County and a land disturbance permit was issued. Shortly after the property was timbered
and cleared, the project was abandoned. Therefore, the timbering proffer included in the
presently approved zoning case is no longer applicable to this case. The Hiles and
regulations that must be followed by the new site plan during the review and approval
process and the land disturbance permit process should adequately address the project's
impact on surrounding properties.
6 13SN0161-1UN26-BOS-RPT
There are two (2) culverts under Hagood Lane to which the nmoff from this property,
combined with the nmoff from off-site, upstream properties on the east side of Newbys
Bridge Road drain. There are considerations to be made as to whether one (1) or the other
culvert should be utilized, or both. The culvert utilized in the previous site plan on
Licking Creek Farm may not be the preferable culvert to utilize for storm drainage
outflow. That decision will be made at the time of site plan design in collaboration with
the Environmental Engineering Department.
PUBLIC FACILITIES
Fire Service:
The Manchester Volunteer Rescue Squad Fire Station, Company Number 24, and
Manchester Volunteer Rescue Squad currently provide fire protection and emergency
medical service (EMS). This request will have a minimal impact on Fire and EMS. Fire
protection issues will be addressed at site plan review
Fire and EMS does not support Item 1 of the Textural Statement, seeking an exception to
the paving requirement. Item 1 of the Textural Statement conflicts with the Virginia
Statewide Fire Prevention Code, Section D102.1, with regards to surface treatment of fire
lanes. The surface treatment of required fire lanes will be reviewed at the time of site plan
review.
County Department of Transportation:
The applicants have submitted some transportation proffers (Proffered Conditions 2
through 4). These proffered conditions fail to adequately address, among other things,
maximum density, constriction of road improvements along Newbys Bridge Road, and
the phasing of road improvements. Staff continues to discuss modifications to and/or
additional proffers with the applicants. Unless some agreement can be reached prior to
the public hearing, the County Department of Transportation cannot support this request.
Virginia Department of Transportation (VDOT~:
VDOT notes that the entrance location will need to pass access management
requirements for a minor arterial at a 45 mph design speed. A commercial entrance will
be required (for an entrance location on the southern edge of the property the access
management location requirements can be met given current requirements). Turn lane
warrants based on traffic generation at full build out may show that turn lanes both from
the south and north may be required. Alsq a three (3) lane entrance appears likely to be
needed -one (1) lane in and two (2) lanes out (one (1) right turn and one (1) left turn).
Projected full build out traffic volumes, along with turn lane warrants, shall be presented
at time of site plan submission.
7 13SN0161-1UN26-BOS-RPT
County Airport:
The Comprehensive Plan recommends Light Industrial uses for this area. The Plan seeks
to protect the Airport from land uses that would be in conflict with activities inherent to
its operations. Further, the Plan recognizes that Airport operations and surrounding
industrial areas should be protected for the overall well-being of the County and its future
economic development.
The request property is located within an Airport Operational Area. Should the
Commission and Board of Supervisors approve this request, a condition is recommended
to require notification of future property owners and tenants of the property of potential
overhead operations of aircraft. (Condition)
LAND USE
Comprehensive Plan:
The Comprehensive Plan designates the property for Industrial use. Within larger tracts
developed for Industrial uses, integrated supporting retail and service uses may be
appropriate.
Area Development Trends:
The area is characterized by single-family residential uses on large acreage parcels or
properties that remain vacant. In addition, neighboring property along the west line of
Newbys Bridge Road is zoned to pernut townhouse use. The area east of Newbys Bridge
Road, in and around the County's airport, is anticipated to be developed for industrial uses,
as suggested by the Plan.
Zoning History:
On July 24, 2002 the Board of Supervisors, upon a recommendation for approval from
the Planning Commission, approved Light Industrial (I-1) zoning with conditional use
planned development on the subject property (Case 02SN0171). A corporate office park
was planned. With approval of this request, I-1 uses, as limited by proffered conditions,
were permitted, as well as, exceptions for child and adult daycare uses, indoor recreation
(senior community center) and a stock farm (horses and chickens). Exceptions to paving
and curb and glitter requirements for parking and driveways and setback exceptions were
approved..
Uses:
While the requested zoning would allow Light Industrial (I-1) uses, the applicants are
proposing a project with a mix of commercial uses on this 23.6 acre parcel (Textual
Statement, Item 6). These uses are planned to develop over a period of time in three (3)
phases, with the phasing to coincide with the extension of public utilities (Proffered
8 13SN0161-1UN26-BOS-RPT
Condition 5). While the Plan suggests that integrated supporting retail and services uses
may be appropriate within larger tracts developed for industrial uses, the commercial uses
proposed with this application are not consistent with Plan recommendations.
The Zoning Ordinance requires that all uses in the Light Industrial (I-1) District be
conducted within an enclosed building. The applicants are seeking an exception to this
requirement (Textual Statement, Item 2), as a significant portion of the proposed uses are
intended to be conducted outside.
Development Standards:
The request property lies within the boundaries of an Emerging Growth District Area.
Unless specifically regulated by proffered conditions and the Textual Statement, new
constriction must conform to the development standards of the Zoning Ordinance for
properties within an Emerging Growth District Area, which encourage well-designed,
quality projects. Such standards address access, parking, landscaping, architectural
treatment, setbacks, signs and screening.
Paving:
The Zoning Ordinance requires that parking areas in excess of five (5) spaces be paved. The
applicants are requesting an exception to this requirement for Phases 1 and 2 of the project
(TextLial Statement, Item 1). Surface treatment consistent with ordinance standards would
occur for all parking and driveways with the development of Phase 3. This exception is
inappropriate given that the proposed improvements are of a permanent natLire. Further,
paving would ensure the preservation of the integrity and quality of these areas that would
be subject to higher traffic volumes. In addition, should Phase 3 of the project never
commence, these areas would potentially remain gravel. Staff does not support the requested
exception to paving.
Architectural Treatment and Landscapi~n
Proffered Condition 6 proposes a tropical architectural theme for the project. Buildings
would be compatible in architectural style, colors, and materials; as depicted in Exhibits B-1
through B-4. The exact design and treatment would be approved in conjunction with site
plan review.
The applicants are proposing a prof ect that includes landscaping with a tropical theme, and
intend to provide only tropical plant material in the required perimeter landscaping. The
Zoning Ordinance requires a mix of evergreen and deciduous plant material in these areas,
necessitating an ordinance exception. (Textual Statement, Item 3)
Buffer:
As currently zoned, conditions require provision of a minimum fifty (50) foot buffer along
the eastern property boundary adjacent to agriculturally zoned property occupied by a
9 13SN0161-1UN26-BOS-RPT
single-family residence. Retention of this fifty (50) foot buffer is proposed; to include a
berm (Proffered Condition 7). The ordinance currently requires a minimum 100 foot
landscaped buffer at this location. Therefore, a fifty (50) foot exception to this requirement
is requested (Textual Statement, Item 4). Given the intensification of uses, staff feels
reduction of this buffer would be inappropriate.
Setbacks:
The applicants are proposing only one (1) direct vehicular access to Newbys Bridge Road,
which is to be located towards the southern portion of the property, if approved by the
County Department of Transportation. This access may be required to be shared with the
adjacent property to the south, should it ever develop. As such, the applicants have
requested a thirty (30) foot exception to the requirement that drives be setback a nunimum
of thirty (30) feet from this property line to accommodate a shared access (Textual
Statement, Item 5). Staff feels it would be appropriate to grant this exception.
CONCLUSION
While the Light Industrial (I-1) zoning complies with the Comprehensive Plan, which designates
the property for Industrial use, the proposed commercial use exceptions are inconsistent with the
Plan and are not representative of anticipated area industrial uses suggested by the Plan.
The requested exception to the paving of parking and drives is inappropriate given the proposed
improvements are of a permanent nature. Further, there is no guarantee development of the
property would reach to the point where paving would be required. Alsq the proposed reduction
in the buffer required along the eastern property boundary would be inappropriate given the
intensification of uses and activities on the subject property. The reduced buffer would provide
little protection to the adjacent residents to the east.
In addition, the proffered conditions fail to adequately address County Department of
Transportation concerns, to include, maximum density, constriction of road improvements along
Newbys Bridge Road and the phasing of road improvements. They also fail to address the
concerns of the Utilities Department with respect to use of public utilities.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (3/19/13):
On their own motion and with the applicant's consent, the Commission deferred this case
to their May 21, 2013 public hearing.
10 13SN0161-1UN26-BOS-RPT
Staff (3/20/13):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than March 23, 2013 for consideration at the Commission's
May 21, 2013 public hearing.
Staff and Applicant (4/2/13):
A meeting was held to go over the suggested proffer conditions and Textual Statement.
Applicant (4/29/13):
Revised proffered conditions and a Textual Statement were submitted.
Applicant (5/3/13):
Revised proffered conditions, a Textual Statement and exhibits were submitted.
Applicant (5/16/13):
Revised proffered conditions and Textual Statement were submitted.
Planning Commission Meeting (5/21/13):
The applicant did not accept the recommendation.
There was support present; noting the use is a good "family" focused use and the positive
impact it would have on this area and on the county. There was also opposition present;
expressing concerns relative to increased traffic; lack of road improvements; potential
impact on area wells; noise impact; and the lack of public utilities to serve the use.
The Planning Commission felt, while the proposal is a good concept and may be good for
the County, it is at the wrong location. They also noted, given the potential impact on the
area, the infrastnicture (road improvements and public utilities) to support the uses
should be provided up front.
On motion of Dr. Brown, seconded by Mr. Waller, the Commission recommended denial.
AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller.
11 13SN0161-1UN26-BOS-RPT
The Board of Supervisors, on Wednesday, June 26, 2013 beginning at 6:30 p.m., will take under
consideration this request.
12 13SN0161-1UN26-BOS-RPT
TEXTUAL STATEMENT
(Case 13SN0161)
1. An exception to the paving requirement for driveway and parking areas is requested. In
lieu of paving with concrete, bituminous concrete or another similar material, such areas
shall have a minimum surface of six inches of No, 21 or 21A stone or similar materials.
Provided however, once development of Phase 3 begins and public water and sewer have
been extended to serve the development, all driveways and parking areas shall be subject
to surface treatment requirements of the zoning ordinance. The exact treatment and
material is to be approved in conjunction with site plan review.
2. An exception is requested to the requirement that all uses be conducted within an
enclosed building.
3. An exception to the plant material specifications of the Zoning Ordinance for perimeter
landscaping is requested. Tropical evergreen landscaping shall be used in conjunction
with the berm to be installed along the northern, eastern and western property lines.
4. A 50-foot exception is requested to the required 100-foot buffer along the eastern
property boundary adjacent to property identified as Tax LD. 758-676-1789.
5. A 30-foot exception is requested to the required setback for drives on the southern
property boundary, if CDOT requests a shared entrance.
6. The following use exceptions are requested:
a. Recreational establishments, commercial indoor and outdoor, limited to the
following facilities:
1. Circular water pond (wake cable) 7.5 acres
2 Flow-Wave Surf pool, 75,000 square feet
b. The following uses shall be permitted only in conjunction with and accessory to
the uses identified in 6.a.:
1. Bakery goods store
2. Barber or beauty shop
3. Sporting Goods retail
4. Health club
5. Greenhouses or nurseries, provided there is no outside storage or growing
6. Prepared foods and fniit vendors
7. Outside public address system in conjunction with any permitted use.
Amplified sound not to exceed 65 dBA measured at the north, east, and
west property line.
8. Hotel
9. Restaurants
13 13SN0161-1UN26-BOS-RPT
10. Dancing by the public at the Restaurant and Pavilion strictures (which
may also serve alcoholic beverages and have live entertainment or some
combination thereof)
14 13SN01Ei1-JL`~N2Ei-BOS-RPT
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