13SN0543CASE MANAGER: Robert Clay
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
13 SN0543
Racetrack Petroleum, Inc.
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January 22, 2014 BS
Midlothian Magisterial District
Southeast corner of Midlothian Turnpike and Otterdale Woods Road
REQUEST: (AMENDED) Rezoning from Agriculhiral (A) to Neighborhood Business (C-2).
PROPOSED LAND USE:
A convenience store with gasoline sales is planned. However, with approval of this
request, other commercial uses would be pernutted.
(NOTE: IN ORDER FOR THE BOARD OF SUPERVISORS TO CONSIDER THIS
REQUEST AT THEIR JANUARY 22, 2014 PUBLIC HEARING, A $1,000.00 DEFERRAL
FEE MCTST BE PAID.)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 4.
STAFF RECOMMENDATION
Recommend denial for the following reason:
While the proposed zoning and land uses conform to the Midlothian Area Community
Plan, which suggests the property is appropriate for Suburban Commercial District and
Planned Transition Area uses, the Transportation Department's concerns relative to the
proposed access to Otterdale Woods Road access have not been addressed.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. CONDITION(S)
NOTED "CPC" ARE CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION.)
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
PROFFERED CONDITIONS
The property owner and applicant in this case, pursuant to Section 15.2-2298 of the Code of
Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves
and their successors and assigns, proffer that the property under consideration (the "Property")
will be developed according to the following proffers if, and only if, the request submitted
herewith is granted with only those conditions agreed to by the owner and applicant. In the event
this request is denied or approved with conditions not agreed to by the owner and applicant, the
proffers shall immediately be null and void and of no further force or effect.
(CPC) 1. Site Plan. Except for access locations which will be determined at the time
of Site Plan review, should the Property be used for a convenience store
with gasoline sales, it shall be developed in substantially the manner
shown on the Site Plan attached as Exhibit A. (P)
(CPC) 2. Prohibited Uses. The following uses shall not be permitted on the
Property:
a. Rental of health and party equipment, and small home hardware,
tools and equipment;
b. Bicycle sales and rentals;
c. Dry cleaning, pick-up and drop-off, coin operated dry cleaning,
pressing; laundry and Laundromat; not to include dry cleaning
plants; and
d. Massage clinics (P)
(CPC) 3. Utilities. The public wastewater systems shall be used. (U)
(CPC) 4. Elevations. Should the Property be used for a convenience store with
gasoline sales the exterior facades of the improvements on the Property
shall be substantially similar to the elevations shown on Exhibit B. (P)
(CPC) 5. Buffers. Buffers as shown on Exhibit C shall be maintained on the
Property. The Buffer on Otterdale Woods Road shall extend 25 feet south
of the site entrance. The 50-foot buffers depicted on the plan shall comply
with Zoning Ordinance requirements for 50-foot buffers. A plan depicting
these requirements shall be submitted to the Planning Department for
review and approval in conjunction with Site Plan review. (P)
(CPC) 6. Light Poles. Any light poles on the Property shall be no more than 25 feet
in height. (P)
2 13SN0~43-20141_~N22-BC1S-RPT
(CPC) 7. Si~nage. Any sign located on the Property fronting Midlothian Turnpike
(Route 60) shall be at least 50 feet east of Otterdale Woods Road. (P)
(CPC) 8. Constriction. All constriction traffic shall enter and exit the Property
exclusively from Midlothian Turnpike (Route 60), subject to VDOT
approval. This condition shall not apply to the constriction of the road
improvements on Otterdale Woods Road. (P and VDOT)
(CPC) 9. Dempster Service. Dempster service for the Property shall be permitted
only between the hours of 7:00 a.m. and 7:00 p.m. (P)
(CPC) 10. Dedication. Prior to any site plan approval, or within sixty (60) days of a
written request by the Transportation Department, whichever occurs first,
fifty (50) feet of right-of--way on the east side of Otterdale Woods Road,
measured from the centerline of that part of Otterdale Woods Road
immediately adjacent to the Property, shall be dedicated, free and
enrestricted, to and for the benefit of Chesterfield Coenty. (T)
(CPC) 11. Access
a. Direct vehicular access from the property to Midlothian Turnpike
(Route 60) shall be limited to one (1) entrance/exit. The exact
location of this access shall be approved by the Transportation
Department. Prior to final site plan approval, an access easement,
acceptable to the Transportation Department, shall be recorded
from the Route 60 access to serve the adjacent property to the east.
b. Direct vehicular access from the property to Otterdale Woods
Road shall be limited to one (1) entrance/exit. The exact location
of this access shall be approved by the Transportation Department.
(T)
(CPC) 12. Road Improvements. Prior to issuance of a certificate of occupancy on the
property, the following road improvements shall be provided:
a. Constriction of an additional lane of pavement along the
eastbound lanes of Route 60 for the entire Property frontage.
b. Constriction of additional pavement along the eastbound lanes of
Route 60 at the approved access to provide a separate right hirn
lane;
c. Extension of the Route 60 westbound left turn lane at the Route
60/Otterdale Woods Road intersection to provide an adequate left
turn lane;
3 13SN0~43-20141_~N22-BC1S-RPT
d. Constriction of additional lanes of pavement along Otterdale
Woods Road at the approved access to provide left and right turn
lanes;
e. Constriction of an additional lane of pavement along the
northbound lanes of Otterdale Woods Road at the Route
60/Otterdale Woods Road intersection to provide a separate right
turn lane;
£ Full cost of traffic signal modifications at the Route 60/Otterdale
Woods Road intersection, if warranted, as determined by the
Transportation Department;
g. Dedication to Chesterfield County, free and unrestricted, of any
additional right-of--way (or easements) required for the
improvements identified above. (T)
(CPC) 13. Drainage. Storm drainage from the impervious/developed portion of the
property shall be released into the adjacent preserved wetlands at a rate of
no more than the pre development 2 year discharge rate up through the
post development 100 year storm event. All drainage facilities shall be
screened from Midlothian Turnpike (Route 60). (EE)
(CPC) 14. Preservation Area. The area shown on Exhibit C identified as Preservation
Area contains wetlands. In order for its present function of holding back
stormwater nmoff from downstream development to be incorporated into
the stormwater management program for the upland site development, it
shall be maintained in perpetuity as an undisturbed vegetative area with no
improvements other than driveways, utilities, and stormwater facilities.
(EE)
(CPC) 15. Timbering. Timber management, for the purpose of enhancing the health
and viability of the forest, shall occur under the supervision of a qualified
forester, and will only be allowed upon the submission and approval of the
appropriate forest management plan to include, but not limited tq erosion
control, Chesapeake Bay Act/wetland restrictions, and the issuance of a
land disturbance permit by the Environmental Engineering Department.
Any other timbering shall be incorporated into the site development
erosion and sediment control plan/narrative as the initial phase of
infrastnicture constriction and will not commence until the issuance of the
actual site development land disturbance permit. (EE)
(CPC) 16. Fuel sales shall only occur during hours that the associated convenience
store is open to the public. (P)
4 13SN0~43-20141_~N22-BC1S-RPT
GENERAL INFORMATION
Location:
The request property is located in the southeast corner of Midlothian Turnpike and Otterdale
Woods Road. Tax ID 721-709-Part of 7721 and 722-709-Part of 0435.
Existing Zonin
A
Size:
7.7 acres
E~• stingy Land Use:
Single-fanuly residential or vacant
Adj acent Zoning and Land Use:
North - I-1 with conditional use planned development; Commercial
South and East - A; Single-family residential, Norfollc Southern Railroad right-of--way or
vacant
West - A and C-2; Single-family residential or vacant
UTILITIES
Public Water Svstem:
The request site is located within the Huguenot Springs pressure zone. There is atwenty-
four (24) inch water line extending along the north side of Midlothian Turnpike. There is
also a sixteen (16) inch water line along Otterdale Woods Road. Connection to the public
water system is required by County Code.
Public Wastewater Svstem:
The request site is located within the James River North sewer service area. The public
wastewater system is not immediately available to the request site. There is an eight (8) inch
wastewater line along Sommerville Court approximately 480 feet north of the request site.
The applicant has proffered the use of the public wastewater system (Proffered Condition 3).
The extension of a wastewater line will require boring across Midlothian Turnpike. That
extension should be designed so as to serve all of GPIN 721-709-7721 and GPIN 722-709-
0435 and to allow for futLire extension of service to GPIN's 721-709-3240, 721-709-2704
and 721-708-2383 which have frontage on Otterdale Woods Road.
13SN0 X43-20141_~N22-BC1S-RPT
In accordance with Section 18-110 of the County Code, a monitoring manhole will be
required on-site due to the convenience store use.
ENVIRONMENTAL
Drainage and Erosion:
This is an extremely flat and poorly drained site with widespread areas of standing water.
In its natural condition very little rainfall nlns off the site because it sits in puddles rather
than draining to the existing thirty-six (36) inch cornigated metal pipe (CMP) under the
Norfollc Southern Railroad which is located to the southeast of the property. The
constriction of a large filling station facility in this location will increase the nmoff being
directed downstream significantly. From the existing thirty-six (36) inch CMP under the
railroad, the drainage then passes beneath multiple submerged culverts under Old
Otterdale Road draining into Little Tomahawk Station Subdivision through the backs and
sides of existing subdivision lots into Otterdale Subdivision, then under a likely
undersized culvert under Aldengate Drive. The stream continues down through Charter
Colony to its intersection with Little Tomahawk Creek which is a main tributary to the
Swift Creek Reservoir.
There is an existing condition from 73 SN0146 which states, "The developer shall provide
an accurate account of the drainage situation, showing existing drainage and the impact
this development will have on the site and the surrounding area. The developer shall
submit a plan to the County Engineering Department which will provide for on and
offsite drainage control. The plan shall explain the method and show the facilities to be
utilized in the hydraulic engineering of this project. This plan shall be approved by the
Engineering Department prior to the issuance of any building permit or clearing of land
and implemented prior to the issuance of any occupancy permit."
In the forty (40) years since this condition was imposed, the present circumstances permit
no offsite component to the drainage solution needed for development of this site.
Therefore, we have negotiated appropriate onsite stormwater detention proffers that will
allow downstream road culverts to function in accordance with required design criteria
and for properties to be protected from flooding. These proffers will provide the same
solution as the condition of the 1973 case.
A stormwater management proffer (Proffered Condition 13) has been submitted which
commits to an adherence to criteria deemed appropriate by the Environmental
Engineering Department.
Utilizing the wetlands information that has come from the natural resources inventory,
we are looking for the impervious footprint and accompanying stormwater detention
facilities to impact those wetlands to the least extent practicable and have those un-
impacted wetlands preserved in perpetuity so that their present function of holding back
stormwater nmoff from downstream can be incorporated into the stormwater
management program for the site development. (Proffered Condition 14)
Ei 13SN0~43-20141_~N22-BC)S-RPT
The drainage and topographic analysis has discovered that this project is in the very upper
reaches of the Upper Swift Creels Watershed and therefore, Sec. 19-238(e) shall apply. This
section states, "Every application for a re-zoning, conditional use, conditional use plan
development, and conditional zoning in the Upper Swift Creels Watershed, shall include a
"NatLiral Resource Inventory" (NRI) for the proposed development site." The NRI has been
subnutted and approved by the Water Quality Section of the Environmental Engineering
Department. The knowledge about the onsite wetlands came from the content of the NRI.
The applicant should take note that the Environmental Engineering Site Plan Review
Checldist will include an item applicable to gas stations which requires the fuel pump
area to be completely covered by a canopy. Precipitation off the canopy must not drain
into the fueling area. All drainage from the fueling area and the area of tractor trailer
offloading shall drain from an oil/grit separator to a Stormfilter or similar system that is
designed to remove petroleum products.
The site is heavily wooded and should remain so until the issuance of a land disturbance
pernut and the appropriate devices installed. (Proffered Condition 15)
PUBLIC FACILITIES
Fire ~ervice~
The Midlothian Fire Station, Company Number 5, and Forest-View Volunteer Rescue
Squad currently provide fire protection and emergency medical service (EMS). This
request will have a minimal impact on Fire and EMS.
County Department of Transportation:
The property (7.7 acres) is located in the southeast quadrant of the Midlothian Turnpike
(Route 60) and Otterdale Woods Road intersection. The applicant is requesting to rezone
from Agricultural (A) to Neighborhood Business (C-2). Because the applicant is not
willing to prohibit left turn movements at the proposed Otterdale Woods Road access, the
Transportation Department cannot support this request.
The applicant has indicated that the property will be developed as a convenience store
with gas pumps. Proffered Condition 1 states the property will be developed substantially
as shown on Exhibit A. A convenience store with eighteen (18) fueling positions, per
Exhibit A, could generate approximately 9,800 average daily trips (ADT). This traffic
will be initially distributed to Route 60 and Otterdale Woods Road. Route 60 had a 2012
traffic count of 32,000 vehicles per day. Based on 2012 turning movement counts at its
intersection with Route 60, Otterdale Woods Road had an estimated traffic count of 620
vehicles per day.
7 13SN0~43-20141_~N22-BC1S-RPT
The Thoroughfare Plan identifies Otterdale Woods Road as a major arterial with a
recommended right-of--way width of ninety (90) feet. The applicant has proffered to
dedicate fifty (50) feet of right-of--way measured from the centerline of Otterdale Woods
Road. (Proffered Condition 10)
Access to major arterials, such as Route 60 and Otterdale Woods Road, should be
controlled. The applicant has proffered to limit direct vehicular access to one (1)
entrance/exit along Route 60. This access will be limited to right-turn-in and right-turn-
out movements along Route 60. Alsq the applicant has proffered to limit direct vehicular
access to one (1) entrance/exit along Otterdale Woods Road (Proffered Condition ll).
Because of the proximity to the Route 60 and Otterdale Woods Road signalized
intersection, the Otterdale Woods access should also be limited to right-turns-in and
right-turns-out only. Access in the operation area of an intersection can degrade the level-
of-service and could increase the rate of accidents at the intersection. In order to
eliminate potential conflicts, a raised median should be constricted to preclude left turns
at this proposed access. The applicant is not willing to provide these improvements;
therefore, the Transportation Department cannot support this request.
Otterdale Woods Road is planned to be realigned and extended under Route 288 and
connect to Watkins Centre Parkway. In the future, when Otterdale Woods Road is
extended or the adjacent property to the west is developed, Otterdale Woods Road may
need to be improved to a four (4) lane divided facility, as indicated on the Thoroughfare
Plan. At such time Otterdale Woods Road is improved with the constriction of a raised
median, the applicant's proposed Otterdale Woods Road access will probably be
restricted to aright-turn-in and right-turn-out only. The proposed convenience store
should only be developed with the anticipated turning movements that will ultimately
serve the property.
To assist in addressing the traffic impact of this request, the applicant has proffered to
constrict the following road improvements prior to issuance of a certificate of
occupancy: 1) additional lane of pavement along Route 60 for the entire property
frontage; 2) separate right turn lane along Route 60 at the approved access; 3) extension
of the Route 60 westbound left turn lane at the Route 60/Otterdale Woods Road
intersection; 4) left and right turn lanes along Otterdale Woods Road at the approved
access; 5) additional lane of pavement at the Route 60/Otterdale Woods Road intersection
to provide a separate right turn lane; 6) full cost of traffic signal modifications at the
Route 60/Otterdale Woods Road intersection; and 7) dedication of additional right-of-
way (or easements) required for the proffered road improvements. (Proffered Condition
12)
As stated earlier, the applicant is not willing to prohibit left turn movements at the
proposed Otterdale Woods Road access. Without a commitment to limit the Otterdale
Woods Road access to right turns in and right turns out with constriction of a raised
median, the Transportation Department cannot support this request.
8 13SN0~43-20141_~N22-BC1S-RPT
Virginia Department of Transportation (VDOT~:
No comments received.
T A NTl T TCF
Comprehensive Plan:
The subject property is located within the boundaries of the Midlothian Area Community
Plan, which suggests the majority of the property is appropriate for Suburban
Commercial District uses and a smaller portion, located in the southwest corner of the
property, appropriate for Planned Transition Area uses.
Area Development Trends:
Properties to the north are zoned Light Industrial (I-1) and are occupied by a mix of
office, commercial and industrial uses. Properties to the south and east are zoned
Agricultural (A) and are vacant or include the Southern Railroad right-of--way. Properties
to the west are zoned Agricultural (A) and Neighborhood Business (C-2) and are vacant.
It is anticipated that the undeveloped area immediately surrounding the request property
to the south, east and west will develop for commercial or office uses, as recommended
by the Plan.
Use Limitations:
Uses would be limited to those uses permitted by right in a Neighborhood Business (C-2)
District, except as restricted by Proffered Condition 2. The applicant has agreed to the use
restrictions at the request of area property owners.
Development Standards:
The request property lies within an Emerging Growth District Area. The Zoning
Ordinance specifically addresses access, landscaping, architectural treatment, setbacks,
parking, signs, buffers, utilities and screening. The purpose of the Emerging Growth
District Standards is to promote high quality, well-designed projects. Any new
development of the request property will be subject to these Ordinance standards, except
where proffered conditions are more restrictive.
Architectural Treatment:
The applicant has submitted elevations which depict an exterior finish of brick on all
building facades and on the fuel canopy columns (Exhibit B). Exhibit B also reflects hip
roof features on the principal stricture and on the canopy over the fueling points
(Proffered Condition 4). These features were offered to address concerns from area
property owners.
9 13SN0~43-20141_~N22-BC1S-RPT
Site Development for Gasoline Sales:
A site plan has been offered, which depicts how the site is to be developed should it be
used for a convenience store with gasoline sales (Proffered Condition 1). In an effort to
minimize the mass of a large canopy over the fueling points, the applicant has divided the
canopy so that two (2) canopies are proposed (Exhibit A). This is a result of discussions
with area property owners.
Setbacks and Landscapi~n
The Zoning Ordinance requires a minimum fifty (50) foot setback along Midlothian
Turnpike and a minimum twenty-five (25) foot setback along Otterdale Woods Road,
each planted with Perimeter Landscaping C. The applicant has offered to provide, in lieu
of these setbacks, a minimum fifty (50) foot buffer adjacent to these roads (Proffered
Condition 5). These buffers are to meet the requirements of the Zoning Ordinance, which
would include planting at 1.5 times Perimeter Landscaping C. The applicant offered this
additional landscaping as a means of minimizing views into the site from these rights-of-
way.
Constriction Traffic:
Area residents expressed concerns about the potential neighborhood impact of
constriction traffic leaving the site and travelling south along Otterdale Woods Road. To
address this concern, the applicant has offered, subject to VDOT approval, that all
constriction traffic will enter and exit the property from Midlothian Turnpike only.
(Proffered Condition 8)
Exterior Lighting:
To address concerns expressed by area property owners regarding the impact of exterior
lighting from this site on area residential development, the applicant has offered that any
light poles on the property would not exceed twenty-five (25) feet in height. (Proffered
Condition 6)
Si~na~e:
In addition to the sign standards in the Zoning Ordinance the applicant has provided an
additional setback for a freestanding sign located along Midlothian Turnpike. This increased
setbacl~/separation is from the right-of--way line of Otterdale Woods Road. (Proffered
Condition 7)
Fuel Sales:
To address safety concerns expressed by area property owners concerning the possibility of
customers being able to dispense fuel without an attendant present, the applicant offered
Proffered Condition 16.
10 13SN0~43-20141_~N22-BC1S-RPT
Dumpsters:
Area citizens expressed concerns about the potential impact the servicing of dumpsters
may have on the enjoyment of their properties. The applicant has attempted to address
these concerns through restricting the hours that dumpsters can be serviced to between 7
a.m. and 7 p.m. only (Proffered Condition 9). Current Ordinance requirements would
preclude any such area at this site from being serviced between 9 p.m. and 6 a.m.
CONCLUSION
While the proposed zoning and land uses conform to the Midlothian Area Community Plan,
which suggests the property is appropriate for Suburban Commercial District and Planned
Transition Area uses, the Transportation Department's concerns relative to access to Otterdale
Woods Road have not been addressed.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (9/17/13):
At the request of the applicant, the Commission deferred this case to October 15, 2013.
Staff (9/17/13):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than September 23, 2013 for consideration at the
Commission's October 15, 2013 public hearing.
The applicant was also advised that a $1,000.00 deferral fee must be paid prior to the
Commission's public hearing.
Applicant (9/23/13):
The application was modified to remove a portion of the property and to request C-2
zoning as opposed to C-3.
Applicant (9/26/13):
Revised proffered conditions and graphics were submitted.
11 13SN0~43-20141_~N22-BC1S-RPT
Applicant, Area Property Owners, Staff and Midlothian District Commissioner (9/30/13):
A community meeting was held to discuss the case and changes that had been made since
the previous meeting.
Applicant (10/2/13):
Revised proffered conditions and graphics were submitted.
Staff (10/3/13):
The $1,000.00 deferral fee has not been paid.
Applicant (10/11/13):
The deferral fee was paid.
Applicant (10/14/13):
An additional proffered condition was submitted.
Planning Commission Meeting (10/15/13):
The applicant did not accept staff's recommendation, but did accept the Planning
Commission's recommendation.
There was opposition present expressing concerns relative to gasoline sales at this
location; lack of pedestrian wallcways; potential impact on area private wells; increased
traffic; noise; light; visual impact of the canopy over the fueling points; access; hours of
operation; potential increase in area crime; and impact on area home values.
The Commission noted the proposed zoning complies with the Plan and is consistent with
anticipated area development neighboring the Route 288 interchange; and the road
improvements and architectural standards offered are acceptable.
The Commission acknowledged the withdrawal of a portion of the property from this
application.
On motion of Mr. Waller, seconded by Dr. Wallin, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 through 4.
12 13SN0~43-20141_~N22-BC1S-RPT
AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller.
Board of Supervisor's Meeting (11/20/13):
At the request of the applicant, the Board deferred this case to January 22, 2014.
Staff (11/21/13):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than November 26, 2013 for consideration at the Board's
January 22, 2014 public hearing. In addition, the applicant was notified a $1,000.00
deferral fee must be paid prior to the Board's public hearing.
Staff (12/20/13):
To date, no new information has been received, nor has the $1,000.00 deferral fee been
paid.
The Board of Supervisors, on Wednesday, January 22, 2014 beginning at 6:30 p.m., will take
under consideration this request.
13 13SN0~43-20141_~N22-BC1S-RPT
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