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91SN0230,~ ...... , '",n 1' nnl CPC r-",,-~.,-,~,,-,~ ] ~ 1' nn~ CPC r-', .... t.,,..,,. 1 7, I no~ ~,-,k ....... ~ ~ I nc,'~ CPC ! 9, I nn'~ CPC August 25, 1993 [35 REQUEST ANALYSIS AND RECOMMENDATION 91SN0230 (Amended) James F. Hubbard Midlothian Magisterial District Southwest line of Midlothian Turnpike REOUEST: (Amended) Rezoning from Agricultural (A), Residential (R-7) and Convenience Business (B-l) to Neighborhood Business (C-2) of 14.96 and to Community Business (C-3) of 7.21 acres. PROPOSED LAND USF: Neighborhood and community business uses, except as restricted by the proffered conditions, are planned. PLANNING COM/vtlSSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 5. STAFF RECOMMENDATION Recommend approval for the following reasons: A. The proposed Community Business (C-3) zoning and land uses conform to the ..Northern Area Land Use and Transportation Plan, which designates that portion of the property for general commercial use. The .Northern Area Land Use and Transportation Plan designates the remaining portion of the property for light industrial use. The intent of this designation was to provide fand use transitions between the Midlothian Turnpike commercial corridor and area residential development. Given the proffered conditions which address intensity, buffers, screening and a limitation on the uses permitted, staff is of the opinion that the Neighborhood Business (C-2) zoning coupled with the proffered conditions complies with the spirit and intent of the adopted Plan. (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED ISA BUFFER CONDITION. THE PROPERTY OWNER 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.) PROFFERED CONDITIONS (STAFF/CPC) 1. Prior to obtaining a building permit, one of the following shall be accomplished for fire protection: Ao The owner, developer or assignee(s) shall pay to the County $150 per 1,000 square feet of gross floor area ad,iusted upward or downward by the same percentage that the Marshall Swift Building Cost Index increased or decreased between June 30, 1991, and the date of payment. With the approval of the County's Fire Chief, the owner, developer or assignee(s) shall receive a credit toward the required payment for the cost of any fire suppression system not otherwise required by law which is included as a part of the development. OR The owner, developer or assignee(s) shall provide a fire suppression system not otherwise required by law which the County's Fire Chief determines substantially reduces the need for County facilities otherwise necessary for fire protection. (STAFF/CPC) 2. The developer shall perform an overall drainage study for the subject property plus all off-site drainage traversing the site. Development shall be designed to release no more than the two (2) year pre-development rate for the subject property and a two (2) year existing rate for the off- site drainage area and store the post 100 year rate for all drainage from the subiect site, as well as alt off-site drainage traversing the site. 2 91 SN0230/WP/AUG25G (STAFF/CPC) 3. (STAFF/CPC) 4. STAFF/CPC) 5. STAFF/CPC) 6. (STAFF/CPC) 7. However, the release rate may be modified by Environmental Engineering if downstream conditions are adequate to handle a higher frequency storm. Adequate shall be defined as: The existing pipes under Tuxford Road, which would carry the runoff, meets VDOT criteria; Bo The watercourse upstream of Tuxford Road through Shenandoah Subdivision and located in any existing easement, shall be made capable of containing a 10-year storm; and Co The 100-year floodplain shall be no closer than twenty (20) feet to the nearest house. All runoff from impervious areas shall be directed to a single retention/detention basin which shall discharge into adequate natural watercourses with recorded drainage easements. This basin shall be located as generally depicted on the plan. The entire basin shall be designed in conjunction with the design of the first site and such design shall be submitted for approval by Environmental Engineering. Environmental Engineering may approve phasing of the installation of the basin upon submission of an overall phasing plan. All silt basins and pits shall be sized a minimum of twenty-five (25) percent larger than the minimum storage volume required by the State Erosion and Sediment Control Manual. The maximum density of this development shall be 200,000 square feet of shopping center or equivalent densities as approved by the Transportation Department. Access to Route 60 shall be limited to one entrance/exit located approximately in the center of the property frontage. The entrance/exit shall be limited to right turns in and out. The exact location of this access shall be approved by the Transportation Department. To provide for an adequate roadway system, the developer shall be responsible for the following: Ao Construction of additional pavement and curb and gutter along the eastbound lanes of Route 60 to provide a right turn lane at the approved access. · 3 91 S N 0230A'V P/A UG25G (STAFF/CPC) 8. (STAFF/CPC) 9. (STAFF/CPC) 10. (STAFF/CPC) 11. (STAFF/CPC) 12. (STAFF/CPC) 13. (STAFF/CPC) 14. Co Closing the existing crossover on Route 60 west of Tuxford Road intersection, if approved by VDOT. Dedication to the County of Chesterfield, free and unrestricted, any additional right of way (or easement) required for the improvement identified above. This dedication shall occur prior to site plan approval. There shall be no pedestrian or vehicular access to Knightsbridge Road. Within thirty (30) days of the approval of this request, the owners/developers shall petition the County to vacate that portion of Knightsbridge Road northwest of Tuxford Road. No structure shall exceed a height of three (3) stories or forty-five (45) feet, whichever is less. There shall be no outdoor retail activities (excluding accessory parking) loading or unloading activities between 10:00 p.m. and 7:00 a.m. With the exception of intercom-type systems common ly associated with banks, savings and loans and fast food restaurants with drive-through windows, there shall be no outside speaker systems. The last known president of Shenandoah Community Association and all property owners adjacent to the entire property which is subject to these proffers shall be notified in writing by the owner/developer prior to site plan, architectural plan and landscape plan submission to the Chesterfield County Planning department. Users shall be limited to the following square footage options at the developer's discretion: Ao A single tenant not to exceed 60,000 gross square feet with all other tenants not to exceed 12,000 square feet; or Two tenants not to exceed 30,000 gross square feet with all other tenants not to exceed 12,000 gross square feet. Buffers shall be provided as shown on the plan prepared by J. K. Timmons and Associates dated January 19, 1993, titled Conceptual Zoning Layout. Except as stated herein, buffers shall comply with Section 21.1-226, 21.1-227 (a) (b) (f) (g), (h) and Section 21.1-228. Clearing and grading shall be permitted within the western twenty-five (25) feet of the eastern seventy-five (75) foot buffer. A retention pond 4 91SN0230/WP/AUG25G may be located within the 150 foot buffer provided such pond is located a minimum of seventy-five (75) feet from the southern property boundary and further except for clearing and grading for those uses as permitted by the Zoning Ordinance, Section 21.1-227 (h)there shall be no clearing or grading within the southern seventy-five (75) feet of the 150 foot buffer. (STAFF/CPC) 15. Except as stated herein, in the Community Business (C-3) tract, uses shall be limited to those uses permitted by right or with restrictions in the C-2 District plus fast food restaurants, cocktail lounges as accessory to restaurant use and motor vehicle sales and service. Any motor vehicle sales and service facility shall be limited to the area shown on the plan prepared by J. K. Timmons and Associates. The following uses shall not be permitted in either the Community Business (C-3) or Neighborhood Business (C-2) tract: A. Col n-operated dry cleaning; pressing; laundry and laundromats; Bo Occult sciences such as palm readers, astrologers, fortune tellers, tea leaf readers, prophets, etc. C. group care facilities. (STAFF/CPC) 16. Any building, to include gasoline pumps, associated with an automobile self-service station or any business which sells gasoline shall be set back a minimum of 150 feet from the eastern and southern property lines. Any automobile self-service station or business which sells gasoline shall be screened in such a manner that headlights of vehicles utilizing the business does not project into the adjacent residential properties to the south and east. (STAFF/CPC) 1 7. All perimeter erosion control devices for each site shall be in place prior to commencing any silvaculture or timbering operation. GENERAL INFORMATION Location: Southwest line of Midlothian Turnpike, northwest of Tuxford Road. Tax Map 1 7-16 (1) Parcels 1, 2, 4, 5 and 24, and Tax Map 18-13 (1) Parcels 3, 14, 15, 16, 42 and 43 (Sheet 8). 5 91 SN0230/WP/AUG25G ~ Existing Zonin:R: A, R-7, B-l, and B-1 with Conditional Use Planned Development Size: 22.17 acres Existing Land Use: Single family residential, public/semi-public (church), commercial or vacant. Adiacent Zoning & Land Use: North - B-2 with Conditional Use Planned Development; Commercial or vacant South - R-7; Single family residential East R-7; Single family residential West - B-3 and M-1 with Conditional Use Planned Development; Commercial, industrial or vacant PUBLIC FACILITIES Utilities: Public Water System: Public water is available and its use is required by Ordinance. Use of public water system is intended. Public Wastewater System: The public wastewater system is available and its use may be required by Ordinance for any structure which will generate wastewater if one of the following applies: 1) The structure is within 200 feet of the existing wastewater line (Chapter 20, Article III, Section 20-63); or 2) The structure will use more than 3,000 gallons of water per day (Chapter 20, Article XI, Section 20-195). Use of the public wastewater system intended. Drainage and Erosion: The property drains south through Shenandoah Subdivision via three (3) known drainageways. Specifically, the first drainageway .lies between two (2) lots in Shenandoah Subdivision and commences under Tuxford Road, to the rear of approximately forty-two (42) residential lots, before proceeding under Redbridge Road 6 91SN0230/WP/AUG25G and entering Pocoshock Creek. The area between the property line and Tuxford Road has been rip-rapped with a very small channel to retard erosion. Between Tuxford Road and Redbridge Road, the channel has eroded over the years and County forces have installed many linear feet of grouted rip-rap. The current receiving channel in Shenandoah Subdivision is inadequate to receive drainage from this development. In addition, it appears that the culvert under Tuxford Road is inadequate to accommodate additional runoff. The second drainageway lies between two (2) other lots in Shenandoah Subdivision and runoff comes extremely close and sometimes up against one of the dwellings. There are no easements in the area. Development of the request property, if allowed to drain in this direction, will cause serious problems for the dwellings located on these two (2) lots. The third drainageway lies along the eastern side of the property and enters Shenandoah Subdivision to the right rear corner of a lot approximately 500 feet south of Route 60. This drainageway is also extremely close to an existing residence. When drainage improvements for Shenandoah Subdivision were originally designed, the assumptions made relative to the request site drainage was for less runoff than the proposed zoning classifications will generate. It is anticipated that development of the request site may cause severe erosion and/or drainage problems downstream of the development if runoff is not properly retained on-site. Proffered Conditions have been submitted to address these concerns (Proffered Conditions 2, 3, 4 and 17). These proffers require an overall drainage study and construction of retention/detention facilities to address water quantity and quality. These proffers not only require retention/detention of the runoff from the proposed development but also runoff from existing upstream development which traverses this property. Fire Service: Buford Fire Station, Company #9. County water flows and fire hydrants must be provided for fire protection purposes in compliance with nationally recognized standards (i.e., National Fire Protection Association and Insurance Services Office). The proposed zoning and land uses will generate additional need for fire protection services. The applicant has proffered a condition to address this need. (Proffered Condition 1) Transportation: The applicant has proffered a maximum density of 200,000 square feet of shopping center or equivalent densities (Proffered Condition 5). Based on the proffered density, development could generate approximately 10,900 average daily trips. These 7 91SN0230/WP/AUG25G - vehicles will be distributed along Midlothian Turnpike (Route 60) which had a 1990 traffic count of 43,02.5 vehicles per day. Development must adhere to the Zoning Ordinance relative to access and internal circulation (Article 7). Access to Route 60 should be limited to one (1) entrance/exit limited to right-turns in and out, located approximately in the center of the property (Proffered Condition 6). Access should not be provided through the adjacent subdivision to the east or south, Shenandoah (Proffered Condition 6). Mitigating road improvements must be provided for the requested densities to achieve an acceptable level of service. There is an existing crossover on Route 60 adjacent to the subject property. The crossover is located approximately 440 feet west of the signalized crossover that serves Tuxford Road. The desirable spacing between signalized crossovers is 1,200 to t,500 feet. Due to the location of other Route 60 crossovers to the west on Route 60, relocation of the crossover adjacent to the subject property is not recommended. Therefore, the crossover should be closed. (Proffered Condition 7. B.) A right turn lane should be constructed along the eastbound lanes of Route 60 to accommodate vehicles decelerating as they enter the property (Proffered Condition 7. A.). At the time of site plan review, specific recommendations will be made regarding access and internal circulation. LAND USE General Plan: Lies within the boundaries of the Northern Area Land Use and Transportation Plan, which designates the northwestern portion of the property for general commercial use and the remainder of the property for light industrial use. Area Development Trends: Area development is characterized by a mix of residential, office, light industrial, and commercial zoning and land uses or vacant land. Property to the south and east is currently zoned Residential (R-7) and is occupied by residences in Shenandoah Subdivision. Site Design: The proposed C-3 tract is located in the northwestern portion of the site adjacent to existing zoned B-3 property. The C-3 property is surrounded by the proposed C-2 tract which lies adjacent to Shenandoah Subdivision. 8 91 SN0230/WP/AUG25G The request property lies within the Midlothian Turnpike Post Development Area. At a minimum, development must conform to the standards of the Zoning Ordinance which address access, parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities, and screening of dumpsters and loading areas. Further, the proffered conditions address height limits; buffers; and setbacks for any use selling gasoline. (Proffered Conditions 9,14 and 16) Outdoor retail activities, to including loading and unloading, has been precluded between the hours of 10:00 p.m. and 7:00 a.m. (Proffered Condition 10). Also, outside speaker systems have been limited to only those normally associated with banks, savings and loans and fast food restaurants. (Proffered Condition 11) To address concerns relative to the intensity of uses and to limit the uses to those which support the immediate neighborhood, the applicant has proffered conditions to limit the size of individual users, as well as the types of uses permitted. (Proffered Conditions 13 and 1.5) The applicant has agreed to notify the Shenandoah Community Association and all adjacent property owners prior to site plan submission to the Planning Department. (Proffered Condition 12) Architectural Treatment: Within Post Development Areas, no building exterior which would be visible to public rights of way can be constructed of unadorned concrete, block or corrugated and/or sheet metal. Mechanical equipment, whether ground-level or rooftop, must be shielded and screened from public rights of way. Construction must adhere to Post Development requirements. B,uffers & 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 by a solid fence, wall, dense evergreen plantings or architectural feature; be separated from lots in Shenandoah Subdivision by the principal building; 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. It should be noted that all portions of the request property lies within 1,000 feet of lots in Shenandoah Subdivision. In addition, sites must be designed and buildings oriented so that loading areas are screened from lots in Shenandoah Subdivision and from public rights of way. 9 91SN0230/WP/AUG25G In the proposed Community Business (C-3) tract, outside storage, including storage yards for retail merchandise, would be permitted. Any outside storage areas must be screened from view of Shenandoah Subdivision and public rights of way. As noted herein, adjacent property to the south and east is zoned Residential (R-7) and occupied by residences in Shenandoah Subdivision. While the Zoning Ordinance requires a minimum fifty (50) foot buffer along the south and west property boundaries of the request site adjacent to these residences, the applicant has proffered to provide a seventy-five (75) foot buffer along the eastern boundary and a 150 foot buffer along the southern boundary. Clearing and grading would be permitted within the western twenty-five (25) feet of the seventy-five (75) foot buffer; however, the area would have to be re-landscaped (Proffered Condition 14). Also, retention facilities would be permitted within the 1 50 foot buffer provided the pond is located at least seventy-five (75) feet from the property tine and no clearing, other than permitted by the Zoning Ordinance, occurs closer than seventy-five (75) feet to the property line to accommodate the basin. (Proffered Condition 14) Proffered Condition 16 requires that any automobile self-service station or business selling gasoline be screened to preclude vehicle headlights from projecting into the neighborhood. Conclusions: The proposed Community Business (C-3) zoning and land uses conform to the Northern Area Land Use and Transportation Plan, which designates that portion of the property for general commercial use. Further, the applicant has proffered to restrict the uses permitted in the C-3 tract. (Proffered Condition 15) As indicated, the adopted Plan designates the remaining portion of the request property for light industrial uses. The intent of this designation is to provide land use transition between the Midlothian Turnpike commercial corridor and the surrounding residential neighborhood. As staff has indicated in the past, uses, other than light industrial, may be appropriate of an intensity and design which would provide a similar transition to, and impact on, the neighborhood. Given the proffered conditions, staff is of the opinion that the Neighborhood Business (C-2) zoning achieves these goals. Specifically, the proffered conditions not only restrict the uses permitted, but also preclude outdoor retail activities and loading/unloading during night hours (Proffered Conditions 10 and 15). In addition to the buffering and screening requirements of the Zoning Ordinance outlined herein, the proffered conditions require increased buffer widths and additional screening measures to minimize the impact on the adjacent neighborhoods (Proffered Conditions 14 and 16). Further, the limitation on the size of individual users somewhat insures that the businesses at this location will 10 91S N 023 0/WP/AUG 25G be of a scale which will provide services primarily for the immediate neighborhood, as opposed to the broader community. (Proffered Condition 13) Given the limitations and restrictions outlined by the proffered conditions, staff is of the opinion that the transitional and compatibility intent of the adopted Plan has been achieved. Therefore, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (8/20/91): At the request of the applicant, the Commission deferred this case for sixty (60) days. The purpose of the deferral was to allow time for the applicant to negotiate with adjacent owners to include their property in the rezoning request. Staff (8~21/91 ): The applicant was advised in writing that any substantial changes should be submitted no later than September 3, 1991, for consideration at the Commission's October public hearing. Staff and Applicant (8/29/91): A meeting was held to discuss inclusion of additional property and possible uses on the additional property. Applicant (9/23/91): The applicant requested a sixty (60) day deferral to allow time to attempt to include additional property. Planning Commission Meeting (10/15/91): At the request of the applicant, the Commission deferred this case for sixty (60) days. 11 91SN0230/WP/AUG25G - Staff (10/16/91): The applicant was advised in writing that any new or revised information should be submitted no later than November 4, 1991, to be considered at the Commission's December public hearing. Applicant (11/21/91 ): The applicant requested a sixty (60) day deferral to the Commission's February public hearing. Planning Commission Meeting (12/17/91): At the request of the applicant, the Commission deferred this case for sixty (60) days. Staff (12/19/91): The applicant was advised in writing that any substantial changes should be submitted no later than January 6, 1992, for consideration at the Commission's February public hearing. Applicant (1/7/92): The request was amended as reflected herein. Planning 'Commission Meeting (2/18/92): At the request of the applicant, the Commission deferred this case for ninety (90) days. Staff (2/19/92): The applicant was advised in writing that any substantial changes should be submitted no later than March 16, 1992, for consideration at the Commission's May public hearing. 12 91 SN0230/WP/AUG25G Staff (5/1/92): To date, no new information has been received. Applicant (5/7/92): Proffered Conditions 2 transportation concerns. through 7 were submitted to address drainage and Planning Commission Meeting (5/1 9/92). At the request of the applicant, the Commission deferred this case for 120 days. Staff 5/20/92): The applicant was advised in writing that any significant changes should be submitted no later than July 20, 1992, for consideration at the Commission's September public hearing. In addition, the applicant was advised that a $50 deferral fee must be paid prior to the September public hearing. Applicant, Staff, Midlothian District Commissioner and Area Property Owners (6/3/92): A meeting was held to discuss the proposed zoning and to discuss alternative land uses and zonings. Applicant, Staff, Midlothian District Commissioner and Area Property Owners (6/25/92): A meeting was held to discuss a possible alternative zoning proposal which included a mix of C-1, C-2, C-3 and Residential Townhouse (R-TH) uses. Applicant, Staff, Midlothian District Commissioner and Area Property Owners (7/27/92): A meeting was held to discuss the alternative zoning proposal. 13 91 SNO230/WP/AUG25G - Applicant, Staff, Midlothian District Commissioner and Area Property Owners (8/12/92): A meeting was held to discuss the alternative zoning proposal as well as C-3 zoning of the entire property. Staff (8/31/92): To date, no new information has been submitted. Planning Commission Meeting (9/15/92): At the request of the applicant, the Commission deferred this case for 120 days to al Iow the property owners to develop an alternative zoning proposal and to meet and resolve issues with area residents. Mr. Easter indicated his intent to act on the application at the January public hearing. Staff (9/16/92): The applicant was advised in writing that any significant changes should be submitted no later than November 16, 1992, for consideration at the Commission's January 19, 1993, public hearing. In addition, the applicant was advised that a $50 deferral fee must be paid prior to the January public hearing. Staff, Applicant, Property Owners and Midlothian District Commissioner (12/7/92): A meeting was held to discuss alternative zoning proposals. The applicant and property owners indicated that they would discuss those alternatives in more detail and possibly amend the request at a later date. Staff (1/14/93): The $50 deferral fee was paid. Applicant (1/1 9/93): The request was amended to seek Neighborhood Business (C-2) and Community Business (C-3) zoning. 14 91SN0230/WP/AUG25G Planning Commission Meeting (1/19/93): At the request of the applicant, the Commission deferred this case for ninety (90) days to allow the amended application to be advertised and time to meet with area residents to resolve concerns. Staff (1/21/93): The applicant was advised in writing that any new information should be submitted no later than February 15, 1993, for consideration al: the Commission's April 20, 1993, public hearing. The applicant was also advised that a $50 deferral fee must be paid prior to the January public hearing. Staff and Applicant (3/10/93): A meeting was held to discuss the amended application and possible proffered conditions. Applicant, Staff, Area Residents and Midlothian District Commissioner (3/11/93): A meeting was held to review the amended application and to discuss possible proffered conditions to address staff and neighborhood concerns. Applicant (4/1/93 and 4/4/93): The proffered conditions as reflected herein, were submitted. Applicant (4/7/93): The $50 deferral fee was paid and the plan depicting the location of any automobile dealership was submitted. Applicant (4/20/93): Proffered Condition 17 .was submitted. 15 91SN0230/WP/AUG25G ~ - Plan,ning Commission Meeting (4/20/93): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Easter, seconded by Mr. Miller, the Commission recommended approval of this request and acceptance of the proffered conditions on pages 2 through 5. AYES: Messrs. Gulley, Easter, Cunningham and Miller. ABSENT: Mr. Marsh. Applicant (5/25/93): The applicant requested a sixty (60) day deferral. Board of Supervisors Meeting (5/26/93): At the request of the applicant, the Board deferred this case for sixty (60) days. Staff (6/1/93): The applicant was advised in writing that any significant new information should be submitted no later than July 13, 1993, for consideration at the Board's July 28, 1993, public hearing. The applicant was also advised that a $50 deferral fee must be paid prior to the Boards July public hearing. Staff (7/t 5/93): To date, no new information has been received nor has the $50 deferral fee been paid. Applicant (7/28/93): The $50 deferral fee was paid. 16 91 SNO230/WP/AUG25G Board of Supervisors Meeting (7/28/93): At the request of the applicant, the Board deferred this request for thirty (30) days. Staff (7/29/93): The applicant was advised in writing that any substantial changes should be submitted by August 10, 1993, for consideration at the Board's August 25, 1993, public hearing. The applicant was also advised a $50 deferral fee must be paid prior to the Board's August public hearing. Staff (8/11/93): To date, no new information has been submitted. The deferral fee was paid. The Board of Supervisors on Wednesday, August 25, 1993, beginning at 7:00 p.m., will take under consideration this request. 17 91SN0230/WP/AUG25G - N Z¢ 91SN0230 (AMENDED) REZ:~ A, R-? ~ B-I TO I~A,R-7 81 B-I TO 8 LEGEND ~ WATER LINES ~ SEWER LINES q l$/dOZ :30-t..:.: I ., ,.. , ! / ! j ,' j '"' e°