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16SN0732 CASE NUMBER: 16SN0732 APPLICANT: Johnson Development Association, Inc. CHESTERFIELD COUNTY, VIRGINIA STAFF’S ANALYSIS Magisterial District: MIDLOTHIAN 51 Otterdale Woods Road AND RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: SEPTEMBER 28, 2016 BOS Time Remaining: 365 DAYS Applicant’s Agent: JACK R. WILSON, III, PLC (804-425-9474) Applicant’s Contact: HUNTER DAWKINS (804-497-2730) Planning Department Case Manager: DARLA ORR (804-717-6533) APPLICANTS’ REQUEST Exception to Section 18-60 of the utility ordinance for required connection to the public sewer system in a General Commercial (C-5) District. A mini-storage warehouse facility is planned. As proposed, the facility would be serviced by public water and an individual septic system. Notes: A.Conditions may be imposed or the property owner may proffer conditions. B.Recommended conditions are located in Attachment 1. RECOMMENDATIONS RECOMMEND APPROVAL PLANNING COMMISSION Exception appropriate for mini-storage warehouse use with only one (8/16/2016) restroom RECOMMEND DENIAL Adversely affects achieving the highest and best land use STAFF suggested by Plan Adversely impacts the extension of public sewer system to area properties Providing a FIRST CHOICE community through excellence in public service SUMMARY OF IDENTIFIED ISSUES Department Issue Failure to extend the public utility system (wastewater) from North Otterdale Road will adversely affect: Achieving the highest and best land use suggested by the o Plan; and PLANNING AND Public utility service to area propertiesgiven the man-made o UTILITIES constraints (Railroad and Route 288) Relief to public utility connection will likely result in other properties seeking similar exceptions, resulting in land uses inconsistent with the Plan FIRE - CDOT - VDOT - ENVIRONMENTAL - ENGINEERING 216SN0732-2016SEP28-BOS-RPT 316SN0732-2016SEP28-BOS-RPT Map 2: Comprehensive Plan - MIDLOTHIAN AREA COMMUNITY PLAN Classification: SUBURBAN COMMERCIAL AND PLANNED TRANSITION AREA The majority of the property is in the area identified with the Suburban Commercial designation which suggests that part of the property is appropriate for retail shopping centers, office-service establishments and similar uses. A small portion in the southwestern corner of the property is identified as being within a Planned Transition Area where a mix of office, medium density residential use and person service uses would be appropriate. Map 3: Surrounding Land Uses & Development Commercial Midlothian Turnpike and Light Light Industrial use Industrial use - Somerville Otterdale Woods Rd Norfolk Southern Railroad Single family residential use – Little Tomahawk Station 416SN0732-2016SEP28-BOS-RPT PLANNING Staff Contact: Jane Peterson (804-748-1045) petersonj@chesterfield.gov ZONING HISTORY Case Number BOS Action Request Rezoning from Agricultural (A) to General Business (C-5) Only permitted use is a mini-storage facility Approved 16SN0692 Conditions address architecture, road (05/25/2016) improvements, drainage, outside storage, lighting, hours of operation and noise PROPOSAL A mini-storage warehouse facility is planned utilizing public water and a private septic system. A mini-storage warehouse is the only use permitted on the property per conditions of Case 16SN0692. Several buildings are planned; however, the applicant indicates that only one (1) bathroom facility is planned for the development. EXCEPTION TO MANDATORY WASTEWATER CONNECTION Section 18-60 of the County Code requires the use of public wastewater system. An exception to use of public system must be evaluated by the Directors of Utilities and Planning, the Planning Commission, and subsequently by the Board of Supervisors.The decision of such exceptions must be based upon the following criteria: Would the use of private system encourage future area development inconsistent with The Comprehensive Plan; and Would the ability to extend the public system to other property be adversely affected. COMPREHENSIVE PLAN AND FUTURE AREA DEVELOPMENT The Comprehensive Plan suggests area properties are appropriate for a variety of uses including corporate office, research and development and light manufacturing uses, retail shopping centers, office-service establishments, a mix of office, medium density residential use and personal Several properties in the area are vacant and are currently service uses would be appropriate. zoned for commercial and office uses. The Plan encourages nonresidential development with the use of the public utility systems. Given the impact of public water and wastewater use in achieving area development potential consistent with the recommendations of the Plan, the Planning Department does not support the requested exceptions to the use of these public utilities. 516SN0732-2016SEP28-BOS-RPT WATER AND WASTEWATER SYSTEMS Staff Contact: Mike Larson(804-748-1338) larsonm@chesterfield.gov The proposal’s impacts on the County’s utility system are detailed in the chart below: Water and Wastewater Systems Currently Size of Existing LineConnection Required by County Code Serviced Water No 16”Yes Wastewater No 8”Yes Connection to public water, available along the western property boundary, is planned. An exception to the requirement to connect to public sewer is requested. The applicant has indicated that since the proposed development will only have a single bathroom and can be served by an individual septic system, connection should not be required. No information has been received relative to on-site suitability of soils for the onsite treatment of wastewater. It is important to note that the decision of granting an exception must be based upon the following criteria: Would the use of private systems encourage future area development inconsistent with The Comprehensive Plan; and, Would the ability to extend the public system to other property be adversely affected. Due to the man-made constraints (Route 288 and Norfolk Southern Railroad), granting an exception in this case would adversely impact extension of public sewer to serve area properties and would encourage future development inconsistent with the Plan, as outlined in detail below: Public Wastewater System Sewer is not immediately adjacent to the subject properties Midlothian Turnpike is generally located on a natural dividing/ridge line where water would naturally flow away from the road. Therefore, the natural flow of wastewater from the Site is to the south and southwest. A future trunk sewer is planned in the Tomahawk Creek basin that would ultimately be able to be extended to serve this parcel; however, this connection is impractical. There is no definite date as to when this trunk may occur and extension of sewer from the Tomahawk Creek basin would be impeded by manmade obstacles (Norfolk Southern Railroad or Route 288), which are expensive to cross and maintain. Chesterfield Utilities normally encourages development of sewer to follow the natural drainage paths. In commercial corridors where the main road is often on a ridge, this is often impractical, as it is with this case. Utilities finds that sewer connections that are deep enough to serve the opposite side of the ridge/commercial corridor must be considered. In 2007, a plan was submitted to provide sewer service to 50 Otterdale Woods Road (located across Otterdale Woods Road from the subject parcel) from an existing manhole on North Otterdale Road. A similar line could be extended approximately 825 feet south to the subject parcel at an estimated cost of $250,000. This line would also be able to provide service to 50 Otterdale Woods Road and portions of 14601 Midlothian Turnpike. 616SN0732-2016SEP28-BOS-RPT Map 4: Existing Water and Wastewater Systems Approx. 825 feet; 8 inch sanitary sewer Can provide service to subject parcel, 50 Otterdale Woods Rd and 14601 Midlothian Tpk 50 Otterdale Woods Rd SUBJECT 51 Otterdale Woods Rd 14601 Midlothian Tpk Norfolk Southern Railroad 716SN0732-2016SEP28-BOS-RPT Utilities Recommendation The Utilities Department does not support the exception to public wastewater connection: Connecting to the existing sewer along North Otterdale Road is a viable option to provide public sewer to the subject and surrounding properties If this sewer is not extended to serve the subject parcel, the ability for sewer to be extended to other properties (50 Otterdale Woods Rd and 14601 Midlothian Turnpike) will be adversely affected Should the Commission and Board determine it is appropriate to grant the exception, wastewater easements should be provided to facilitate future utility extensions, and use of the public sewer should be required if and when extended to within 200 feet of the subject property. (Conditions 1 and 2) 816SN0732-2016SEP28-BOS-RPT PUBLIC FACILITIES FIRE SERVICE Staff Contact: Anthony Batten (804-717-6167) BattenA@chesterfield.gov This request will have minimal impact on Fire and EMS. Nearby Fire and Emergency Medical Service (EMS) Facilities Fire Station The Midlothian Fire Station, Company Number 5 EMS Facility The Forest View Volunteer Rescue Squad 916SN0732-2016SEP28-BOS-RPT CASE HISTORY Applicant Submittals 6/7/2016 Application submitted Planning Commission Meeting 8/16/2016 Citizen Comments No citizens spoke to this case. Commission Discussion Mr. Jones expressed support for the exception given the storage facility will only have one (1) bathroom,and shared costs for sewerextensionby other properties to west might be considered but those properties are still zoned Agricultural (A). Recommendation – APPROVAL AND ACCEPTANCE OF THE CONDITIONS IN ATTACHMENT 1 Motion: Jones Second: Freye AYES: Wallin, Sloan, Freye, Jackson and Jones The Board of Supervisors on Wednesday, September 28, 2016, beginning at 6:30 p.m., will consider this request. 1016SN0732-2016SEP28-BOS-RPT ATTACHMENT 1 CONDITIONS ACCEPTABLE TO THE APPLICANT Note: The following conditions are recommended by the Planning Commission. 1.Utility Easements. Any site plan or building permit for the subject parcels shall provide and dedicate public easements in locations acceptable to the Utilities Department to accommodate the future extension of the public wastewater system. Such easements shall be dedicated prior to site plan approval. (U) 2.Extension of Utilities. In the event that the public sewer system is extended onto the south side of Midlothian Turnpike(State Route 60) to a point within 200 feet of the subject property, the public wastewater system shall be extended to a point acceptable to the Utilities Department and all uses requiring wastewater shall be connected to the public system. (U) 1116SN0732-2016SEP28-BOS-RPT