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06SN0344 ~~iEt~ e\~ ! \ 1l \~~ '~~_. - " {)I ~~..,:. //j ~!BCI!l\~~ "'~~~~..,,;.?:. October 17,2006 CPC Decomber 11,2006 CPC January 16, 2007 CPC February 28, 2007 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDA TION 06SN0344 JMS Investments LLC Midlothian Magisterial District South line of Midlothian Turnpike REQUEST: Rezoning from Agricultural (A) and Corporate Office (0-2) to Neighborhood Business (C-2). PROPOSED LAND USE: Commercial uses, limited to the eXIstIng site improvements with structural alterations as permitted in Proffered Condition I, are planned. Additional development or redevelopment of the site would be limited to Corporate Office (0-2) uses. Limited parking for adjacent commercial uses located within Powhatan County would also be permitted. 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 Upper Swift Creek Plan suggests the property is appropriate for single family residential use of 2.0 units per acre or less, this request presents a unique situation given the subject property's location and existing non-conforming improvements. While it would be appropriate to permit limited commercial use of the property under certain circumstances, the application fails to adequately address transportation impacts. Providing a FIRST CHOICE community through excellence in public service (NOTE: THE ONLY CONDITION THAT MAYBE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS (CPC) (CPC) (CPC) I. Uses shall be restricted to those permitted by right or with restrictions in the Corporate Office (0-2) District. Provided, however, Neighborhood Business (C-2) uses shall be permitted within the structure shown on the plan dated December 29, 2006, prepared by Balzer and Associates, Inc. (Plan), to include use of the existing parking and access both of which are shown on the Plan to serve the uses within the building shown on the Plan. Should the structure be removed; damaged such that the estimated reconstruction cost, exclusive of foundation, exceeds fifty percent of its assessed value per county records; or expanded beyond a cumulative area of 3,800 gross square feet, which includes any expansion that may occur within Powhatan County, uses shall be restricted to those permitted by right or with restrictions in the 0-2 District. (P) 2. A maximum of eight (8) parking spaces associated with any Neighborhood Business (C-2) uses located adjacent to and west of the subject property within Powhatan County, such property being identified on the Plan, shall be permitted on the subject property provided they are located behind the rear line of the existing structure. Should the existing structure be removed, such parking shall be located no closer than eighty (80) feet from the ultimate right-of-way of Midlothian Turnpike. (P) 3. Prior to, or in conjunction with, I) construction of any new structures, 2) expansion of the structure identified on the Plan beyond a cumulative area of 3,800 gross square feet, which includes any expansion that may occur within Powhatan County, or 3) construction of any parking or access other than that shown on the Plan, the following shall be accomplished: A. The 0.45 phosphorus runoff standard shall be achieved on site through BMP's or other measures. (EE) B. Freestanding light fixtures shall not exceed a height of fifteen (15) feet measured from the top of curb. (P) C. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance 2 06SN0344-FEB28-BOS permit has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) D. The public water and wastewater systems shall be utilized for all structures. (D) E. Access. 1. Direct vehicular access from the property to County Line Road shall be limited to one entrance/exit. The exact location of this access shall be approved by the Transportation Department 11. There shall be no direct vehicular access from the property to Route 60. (T) F. To provide an adequate roadway system, the developer shall be responsible for the following improvements: 1. Prior to site plan approval, a maximum forty-five (45) feet of right-of-way along the west side of County Line Road, measured from the centerline of that part of the roadway immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. 11. Construction of an additional lane of pavement along Route 60 for the entire property frontage. Ill. Construction of additional pavement along County Line Road at the approved access to provide left and right turn lanes, if warranted, based on Transportation Department standards. IV. Widening/improving the west side of County Line Road to an eleven (11) foot wide travel lane, measured from the existing centerline of the road, with an additional one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved shoulder, and overlaying the full width of the road with one and a half (1.5) inch of compacted bituminous asphalt concrete, with any modifications approved by the Transportation Department, for the entire property frontage. v. Closing the existing access to Route 60 and County Line Road, and 3 06SN0344-FEB28-BOS VI. Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the improvements identified above. In the event the developer is unable to acquire any "off-site" right-of-way that is necessary for any improvement described in Proffered Condition 3.F. the developer may request, in writing, that the County acquire such right-of-way as a public road improvement. All costs associated with the acquisition of the right-of-way 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. In this event, the road improvements may differ from those identified above because of limited right-of-way. (T) G. Prior to any site plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 3.F., shall be submitted to and approved by the Transportation Department. (T) GENERAL INFORMATION Location: South line of Midlothian Turnpike and the west line of County Line Road and located in the southwest quadrant of the intersection of these roads. Tax ID 705-708-2447. Existing Zoning: A and 0-2 Size: 1.6 acres Existing Land Use: Commercial Adlacent Zoning and Land Use: North and South - A; Single family residential or vacant East - 0-2 and A; Single family residential or vacant West - Powhatan County 4 06SN0344-FEB28-BC)S UTILITIES Public Water and Wastewater System: A twenty-four (24) inch water line extends along the north side of Midlothian Turnpike and terminates just west of Huguenot Springs Road, approximately 6,800 feet east of the request site. Plans are now under design to extend the public water system along Midlothian Turnpike to serve a portion of Pow hat an County. The public wastewater system is not available to serve this site. The request site is within the upper reaches of the Nelson's Branch drainage basin. The closest public wastewater line is a fifty-four (54) inch wastewater trunk line extending along Genito Road adjacent to the Swift Creek Reservoir, approximately 5.3 miles southeast of this site. A thirty (30) inch wastewater trunk line is under construction along Swift Creek and up Nelson's Branch to a point approximately 2.65 miles southeast of this site. This trunk line is being constructed in conjunction with the development of Hallsley Subdivision. The Upper Swift Creek Plan currently recommends the use of the public water and wastewater systems. For existing structures, the Utilities Department typically requests a proffer to connect to the public water and wastewater systems at such time as any additions are made to the structure and/or any new structures are built on the request site. The applicant has proffered to connect to the public water and wastewater systems for any renovations or additions to the existing building that exceed 3,800 gross square feet or with the construction of any new structures, parking or access (Proffered Condition 3.D). This would allow for approximately a 700 square feet expansion of the existing structure. This request presents a unique situation given the subject property's original location in Powhatan and the resulting nonconforming commercial improvements. As such, allowing an existing commercial structure to expand with limitation on a private well and septic tank and drainfield system is in keeping with the intent of the Upper Swift Creek Plan, given that any additional site improvements or redevelopment will trigger the use of public systems. Provided that the both the Powhatan and Chesterfield County Health Departments have no concerns with the continued use of the septic system and well, the Utilities Department supports this request. Private Well and Septic Systems: Use of private wells and septic tanks must be approved by the Health Department. ENVIRONMENT AL Drainage., Erosion and Water Quality: The subject property drains to the south and drains via tributaries to Swift Creek and then into Swift Creek Reservoir. There are no known on- or off-site drainage or erosion problems and none are anticipated after development~ 5 06SN 0344- FEB28- BOS The majority of the property is currently wooded and, as such, should not be timbered without obtaining a land disturbance permit from the Department of Envirorunental Engineering. This will insure that proper erosion control devices are in place. The property is located in the Upper Swift Creek Reservoir Watershed and, as such, is currently subject to a pro rata fee for Regional Best Management Practice (BMP) construction. The inline regional BMP portion of the watershed protection program is not being implemented due to permitting issues for inline facilities. Staff is currently developing Ordinance amendments to address source control. In the interim, staff has requested that the applicant proffer to meet pollutant removal level of .45 that was modeled for this parcel. The applicant has proffered to address timbering and pollutant removal level concerns when the existing building is renovated or expanded beyond a cumulative of 3,800 gross square feet or with the construction of any new structures, parking or access (Proffered Conditions 3.a. and 3 .c.). As such, the Environmental Engineering Department can support this request. PUBLIC FACILITIES Fire Service: The Midlothian Fire Station, Company Number 5 and the Forest View Volunteer Rescue Squad currently provide fire protection and emergency medical service. This request will have a minimal impact on fire and EMS. Transportation: The property is located at the southwest comer of Midlothian Turnpike (Route 60) and County Line Road. The applicant is requesting rezoning of the property from Agricultural (A) to Neighborhood Business (C-2). Based on shopping center trip rates, development of the property could generate approximately 2,000 average daily trips. These vehicles would initially be distributed along Route 60, which had a 2005 traffic count of 31 ,385 vehicles per day. Based on the amount of traffic it carried during peak hours, Route 60 in this area was functioning at an acceptable level (Level of Service B). Some of this traffic would also travel along County Line Road, which had a 2003 traffic count of 670 vehicles per day and was also functioning at an acceptable level of service. (Level of Service B) The Transportation Department does not support this request because it does not commit to providing transportation improvements with any use of the property that generates more traffic than the prior bank use. A bank was developed on the property when it was considered to be part of Powhatan County. When the county lines were revised, the property was added to Chesterfield County. As such, part of the existing bank is in Powhatan County and part of it is in Chesterfield County. The applicant has proffered to provide improvements, as outlined 6 06SN0344-FEB28-BOS below, if any new structures are added, the existing structure is expanded by more than 3,800 square feet, any parking is added or the access is modified (Proffered Condition 3). This proffered condition should be modified so that the improvements outlined below are provided if traffic generation on the site is anticipated to exceed that of the prior bank facility. Without a commitment to provide the improvements in this manner, the Transportation Department cannot support this request. The Thoroughfare Plan identifies Route 60 and County Line Road as major arterials with recommended right-of-way widths of 120 to 200 feet and ninety (90) feet, respectively. The applicant has proffered to dedicate forty-five (45) feet of right-of-way along County Line Road in accordance with this plan. (Proffered Condition 3.F.i) Access to major arterials should be controlled. The applicant has proffered that there will be no direct access to Route 60 (Proffered Condition 3.E.ii), and access to County Line Road will be limited to one (I) entrance/exit (Proffered Condition 3.E.i). The access point on County Line Road should be located towards the southern property line. The traffic impact of this development should be addressed. The applicant has proffered to I) construct an additional lane along Route 60, 2) construct right and left turn lanes along County Line Road at the approved access, 3) reconstruct County Line Road for the entire property frontage to provide an eleven (II) foot wide travel lane, a one (I) foot paved shoulder and a seven (7) foot unpaved shoulder; 4) overlay the full width of County Line Road, 6) close the existing accesses to Route 60 and County Line Road, and 7) dedicate any additional right-of-way required for these improvements. Proffered Condition 3.G allows a phasing plan for these improvements to be submitted to and approved by the Transportation Department. LAND USE Comprehensive Plan: Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is appropriate for single family residential use of 2.0 units per acre. The subject property borders the Route 288 Corridor Plan to the west, which suggests light industrial and office uses as part of a regional employment center. The completion of the Route 60/Route 288 interchange has placed pressure on the western Midlothian Turnpike Corridor to maximize development opportunities. Resulting emerging land use patterns should take full advantage of this economic opportunity without compromising the integrity of the Plan in promoting a regional employment sector. Area Development Trends: Area properties are zoned Agricultural (A) to the north and south and Corporate Office (0- 2) to the east and are occupied by single family residences or are currently vacant. A few Community Business (C-3) parcels are scattered along the north and south lines of Midlothian Turnpike, having been zoned more than twenty (20) years ago and prior to the 7 06SN0344- FEB28- BOS adoption of the Route 288 Corridor Plan. It is anticipated that area redevelopment will provide for a mix of industrial and office uses with commercial services incorporated within professional parks primarily supporting the area employee base, as suggested by the Plan. Zoning History: In 1995, an adjustment was made to the boundary line between Chesterfield and Powhatan Counties. Prior to this resurvey, it was thought that the subject property was located entirely within the Powhatan County limits. When in Powhatan, the property was zoned for commercial use and, in 1984, was developed for a bank use. Subsequent to this boundary adjustment, it was determined that a portion of the property was located in Chesterfield County and assumed a zoning of Agricultural (A) and Corporate Office (0-2), consistent with the neighboring property to the east. At that time, the bank became a non-conforming use and, as such, subject to the requirements of the Zoning Ordinance for non-conforming uses. Development Standards: The property lies within an Emerging Growth District Area. Development must conform to Emerging Growth District requirements which address access, parking, landscaping, architectural treatment, setbacks, lighting, pedestrian access, signs, buffers, utilities and screening of dumpsters and loading areas. Uses: Proffered Condition 1 limits uses to those permitted by right or with restrictions in the Corporate Office (0-2) District. Neighborhood Business (C-2) uses would be permitted within the existing structure containing approximately 3,100 gross square feet in area and shown on the attached plan. This structure may be expanded up to a cumulative area of 3,800 to accommodate C-2 uses. Given that a portion of this structure is located within the required setbacks from Route 60 and County Line Road, any addition must be located to the rear of building in conformance to Ordinance requirements. As previously noted, adjacent property located in Powhatan County is zoned for commercial uses. Proffered Condition 2 would permit the location of up to eight (8) parking spaces to the rear of the existing building to serve these adjacent commercial uses. Lighting: Proffered Condition 3.b. addresses the maximum height for freestanding light fixtures that are located on the property subsequent to a renovation or expansion of the existing building beyond a cumulative of 3,800 gross square feet or with the construction of any new structure, parking or access. 8 06SN0344-FEB28-BOS CONCLUSION This request is unique given the subject property's location and eXIstIng non-conforming improvements. While the Upper Swift Creek Plan suggests the property is appropriate for single family residential use of 2.0 units per acre or less, properties to the east are suggested for light industrial and office uses as part of the Route 288 Corridor Plan and properties to the west within Po what an County are zoned for commercial development. Further, the property, which was located within Powhatan County prior to 1995, was developed for bank use. Given these considerations, it would be appropriate to permit limited commercial use of the property under certain circumstances, beyond which, office uses would be appropriate, consistent the bordering properties to the east. However, the proffered conditions fail to adequately address transportation impacts. Specifically, the existing structure may be occupied by uses that generate more traffic than the prior bank use without triggering transportation improvements noted in Proffered Condition 3 to include access control, right of way dedication and widening and turn lanes. It is staff s position that these proffered transportation improvements should be addressed with any use of the property that generates more traffic than what was generated by the existing bank use. Given these considerations, denial of this request is recommended. CASE HISTORY Applicant (9/25/06, 10/6/06 and 10/13/06): Amended proffered conditions were submitted. Planning Commission Meeting (1 0/17/06): On their own motion, the Commission deferred this case to December 14, 2006. Staff (10/18/06): The applicant was advised in writing that any significant, new or revised information should be submitted no later than October 23, 2006, for consideration at the Commission's December 14, 2006, hearing. Staff (11/20/06): To date, no new information has been submitted. 9 06SN0344-FEB28-BOS Applicant (12/14/06): Amended proffered conditions were submitted. Planning Commission Meeting (12/14/06): On their own motion, the Commission deferred this case to January 16,2007. Staff (12/15/06): The applicant was advised in writing that any significant, new or revised information should be submitted no later than December 20, 2006, for consideration at the Commission's January 16,2007, hearing. Applicant (1/3/07 and 1/5/07): Revised proffered conditions were submitted. Planning Commission Meeting (1/16/07): The applicant accepted the Planning Commission's recommendation but did not accept the staff s recommendation. There was no opposition present. There was support present indicating it appropriate to allow commercial use of the property. Mr~ Gecker indicated that the proffered conditions address a compromise to allow use and minimal expansion of an existing structure. He indicated the circumstances related to the property are unique. On motion of Mr. Gecker, seconded by Mr. Bass, the Commission recommended approval and acc~ptance of the proffered condition on pages 2 through 4. AYES: Messrs. Gecker, Gulley, Bass, Litton and Wilson. The Board of Supervisors, on Wednesday, February 28, 2007, beginning at 6:30 p.m., will take under consideration this request. 10 06SN 0 344- FEB28- B()S -----1- ---- > ~ C\I I o , # , , , , , , , , , , , , , , . . I I o ~~ " "'. ~. ~ o 0" -c:c ----- z+ ...., Q) Q) LL o o (0 N I o o t- ~ o ~ 3< CW) .. 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