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07SN0205 January 16,2007 CPC February 20,2007 CPC 1^1pril 17, 2007 CPC May 23,2007 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDA TION 07SN0205 Goode Land Company Midlothian Magisterial District Southwest Quadrant of Mi dlothi an Turnpike and Otterdale Woods Road REQUEST: Rezoning from Agricultural (A) to Neighborhood Business (C-2). PROPOSED LAND USE: Bank, credit union and savings and loan associations uses, with or without drive-in windows and Automatic Teller Machines (ATMs), plus office uses are planned. (Proffered Condition 1) PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL. AYES: MESSRS. GECKER, GULLEY AND BASS. ABSTENTIONS: MESSRS. LITTON AND WILSON. STAFF RECOMMENDATION Recommend denial for the following reasons: A. The proposed zoning and land uses fail to comply with the Route 288 Corridor Plan which suggests the request property is appropriate for light industrial/ flex use including office, warehouses, and light and some moderate industrial uses. Providing a FIRST CHOICE commnnity through excellence in public service B. While the Plan suggests small scale, retail uses incorporated into a larger development may be appropriate under certain circumstances, the proposal fails to comply with the criteria under which such uses would be appropriate. C. The proposal fails to adequately address the impact of development on the transportation network. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER 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 The property owners and applicant in this rezoning 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 or assigns, proffer that the property under consideration will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owners and applicant. In the event this request is denied or approved with conditions not agreed to by the owners and applicant, the proffers shall immediately be null and void and of no further force or effect. 1. Permitted Uses. The following shall be the only uses permitted on the Property: a. bank, credit union or savings and loan association, with or without drive-in windows and A TM machines; and b. offices. (P) 2. Timbering. With the exception of timbering to remove dead, diseased or dying trees which has been approved by the Virginia State Department of Forestry, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) 3. Route 60 Landscaping. In addition to the required Perimeter Landscaping C, one (1) additional large deciduous tree shall be provided every twenty-five (25) feet along the Route 60 frontage. (P) 4. Transportation. a. Prior to the issuance of a certificate of occupancy, the developer shall: 1. construct additional pavement along Otterdale Woods Road to provide a southbound right turn lane at the Buckinham Service Road intersection; and 2 07 SN 0205-1v1A Y23- BOS 11. dedicate any additional right-of-way required for these improvements. b. Prior to any site plan approval, fifty (50) feet of right-of-way measured from the centerline of Otter dale Woods Road immediately adjacent to the Property shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. c. There shall be no direct vehicular access from the Property to Midlothian Turnpike (Route 60) and/or Otterdale Woods Road. GENERAL INFORMATION Location: Southwest quadrant of Midlothian Turnpike and Otterdale Woods Road. Tax ill 721-709- 3240 (Sheet 5). Existing Zoning: A Size: 2.1 acres Existing Land Use: Vacant Adiacent Zoning and Land Use: North - 1-1 with Conditional Use Planned Development; Industrial South - A; Single family residential or vacant East - A with Conditional Use; Vacant West - A; Vacant UTILITIES Public Water System: The request site is located within the boundaries of the Rt. 288 Corridor Plan and use of the public water system is required by County Code. There is an existing 24" water line extending along Midlothian Turnpike, adjacent to the request site. In addition, a sixteen (16) inch water line extends along Otterdale Woods Road adjacent to the request site. 3 07 SN 0205-1v1A Y23- BOS Public Wastewater System: The request site is located within the boundaries of the Rt. 288 Corridor Plan and use of the public wastewater system is required by County Code. The request site is also within the upper reaches of the Tomahawk Creek drainage basin. The existing 36" Tomahawk Creek trunk line currently terminates approximately 6.1 miles south of the request site, and there are plans to extend that line with development of the "Roseland" site, and the lower portion of the Watkins Land LLC property, although no definite construction timeframe has been established. Extension of this trunk line would be the natural and anticipated source of wastewater service to this site. There was no sleeve placed across the Rt. 288 right-of-way during construction of that road to facilitate future gravity wastewater service to the request site. The request site is among several properties fronting on Midlothian Turnpike, for which the Utilities Department has previously been asked to consider an alternative gravity source that would extend service across Midlothian Turnpike from the existing 18" Michaux Creek trunk, located adjacent to the Salisbury and Rosemont subdivisions. At that time, a representative of several property owners submitted a detailed engineering study, and obtained initial verbal concurrence from several additional property owners. The wastewater line extension as proposed would have the depth and capacity to serve all of the property bounded by Midlothian Turnpike, Rt. 288, and the Norfolk-Southern Railroad right-of-way, which is approximately 75 acres. Since that proposal supported orderly development of the request site and adjacent properties, the Utilities Department approved the proposal, subject to construction plan approval and a signed agreement between the applicant and adjacent property owners. Without meeting those conditions, development of this request site would depend on extension of the Tomahawk Creek trunk line. To date, the Utilities Department has not been provided with construction plans or a signed agreement between the property owners. ENVIRONMENT AL Drainage and Erosion: The subject property drains to the southeast through tributaries of Swift Creek Reservoir. The site is currently wooded and, as such, should not be timbered without obtaining a land disturbance permit from the Department of Environmental Engineering. This will insure that adequate erosion control measures are in place prior to any land disturbance (Proffered Condition 2). There are no known on- or off-site drainage or erosion problems and none are anticipated after development. Water Quality The property is located in the Upper Swift Creek Reservoir Watershed and as such will be subject to the Ordinance relative to water quality. 4 07 SN 0205-1v1A Y23- BOS 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 (EMS). This request will have minimal impact on Fire and EMS. When the property is developed, the number of hydrants, quantity of water needed for fire protection, and access requirements will be evaluated during the plans review process. Transportation: The property is located in the southwest quadrant of the intersection of Mid lot hi an Turnpike (Route 60) and Otterdale Woods Road. Proffered Condition 1 limits the uses on the property to a bank, credit union or office. A typical bank could generate approximately 2,500 average daily trips. These vehicles would initially be distributed along Otterdale Woods Road, which had a 2007 traffic count of 618 vehicles per day. Based on the volume of traffic it carried during peak hours, Otterdale Woods Road was functioning at an acceptable level (Level of Service B). Some of this traffic will also travel along Route 60, which had a 2005 traffic count of 31,385 vehicles per day between the county line and Winterfield Road. (Level of Service B) The applicant intends to access the property from the Buckingham Service Road on the south side of the property. This road intersects Otterdale Woods Road approximately 400 feet from Route 60, which is not an adequate distance to support a crossover or traffic signal. In order to eliminate the need for a traffic signal at this location, a raised median should be constructed to preclude left turns at the Buckingham Service Road. Additional pavement should also be constructed to accommodate u-turn movements. The applicant is not willing to provide these improvements; therefore, the Transportation Department cannot support this request. Route 60 and Otterdale Woods Road are classified as major arterials on the county's Thoroughfare Plan with recommended right-of-way widths of 120 to 200 feet and ninety (90) feet, respectively. The applicant has proffered to dedicate right-of-way in accordance with this Plan. (Proffered Condition 4.b) Access to maj or arterials should be controlled. The applicant has proffered that there will be no direct vehicular access from the property to Route 60 and/or Otterdale Woods Road. The traffic impact of this development must be addressed. The applicant has proffered to provide a southbound right turn lane along Otterdale Woods Road at the Buckingham Service Road intersection and dedicate any additional right-of-way required for this improvement. Without a commitment to limit the Buckingham Service Road to right turns in and right 5 07 SN 0205-1v1A Y23- BOS turns out through construction of a raised median, the Transportation Department cannot support this request. LAND USE Comprehensive Plan: The request property lies within the Route 288 Corridor Plan. The Plan recognizes the key strategic location of the Route 288 Corridor for future economic development opportunities in the northwestern portion of the County. One goal of the Plan is to maximize the economic development potential of the Route 288 Corridor by preserving parcels for economic development. The Plan further discourages encroachment of residential and commercial uses on these prime economic development sites and suggests that additional commercial uses in this area be of a unique regional scale and design so as not to adversely impact existing commercial projects within the County. The Plan identifies these prime sites for economic development as a Regional Employment Center, west of Route 288. The Plan suggests the request property is appropriate for light industrial/ flex use and not part of the Regional Employment Center. Suggested uses include office, warehouses, and Light Industrial (1-1) and some moderate industrial (1-2) uses. The Plan further provides that under certain circumstances, supporting small scale, retail uses incorporated into a larger development may be appropriate. The intent being that retail/commercial uses occur as part of an industrial park and that the uses primarily serve the uses within the park. Area Development Trends: Properties to the north are zoned Light Industrial (1-1) and are occupied by industrial uses or are vacant. Surrounding properties to the south, east and west are zoned Agricultural (A) and are occupied by single family residential uses or are vacant. It is anticipated that the undeveloped area immediately surrounding the request property to the south, east and west will develop for light industrial uses, as recommended by the Plan. Use Limitations: Proffered Condition 1 would limit permitted uses to a bank and similar financial institutions and office use. While the Plan recommendations support small scale, retail uses under certain circumstances, these uses are anticipated to be incorporated into, and supportive of, a larger industrial development. Similar to the Plan recommendations, the Zoning Ordinance supports the provision of limited retail uses within industrial developments. The Zoning Ordinance establishes circumstances under which commercial uses are appropriate in an industrial area: commercial uses are incorporated into a project of twenty-five (25) acres or more; do not exceed thirty (30) percent of the area occupied by industrial uses; are not located along the 6 07 SN 0205-1v1A Y23- BOS periphery of a project; and are primarily for the convenience of employees of the industrial uses. This request represents small scale commercial strip development which fails to comply with the standards suggested by the Plan and the Ordinance for locating supporting, small scale retail uses. 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 that additional large deciduous trees are proposed along the properties frontage on Midlothian Turnpike. (Proffered Condition 4) CONCLUSIONS The proposed zoning and land uses fail to comply with the recommendations of the Route 288 Corridor Plan which suggests the request property is appropriate for light industrial/flex use which includes office, warehouses, light industrial and some moderate industrial uses. Further, the proposal fails to comply with the standards suggested by the Plan for locating supporting small scale, retail uses. In addition, the proposal fails to adequately address the impact of development on the transportation network, as discussed herein. Given the foregoing, denial of this request is recommended. CASE HISTORY Planning Commission Meeting (1/16/07): At the request of the applicant, the Commission deferred this case to February 20,2007. Staff (1/17/07): The applicant was advised in writing that any significant, new or revised information should be submitted no later than January 22,2007, for consideration at the Commission's February 20, 2007, public hearing. Also, the applicant was advised that a $230.00 deferral fee must be paid prior to the Commission's public hearing. 7 07 SN 0205-1v1A Y23- BOS Applicant (1/22/07): The deferral fee was paid. Staff (1/24/07): To date, no new or revised information has been received. Planning Commission Meeting (2/20/07): At the request of the applicant the Commission deferred this case to their April 17,2007, public hearing. Staff (2/21/07): The applicant was advised in writing that any significant, new or revised information should be submitted no later than February 26,2007, for consideration at the Commission's April 17, 2007, public hearing. Also, the applicant was advised that a $130.00 deferral fee must be paid prior to the Commission's public hearing. Staff (3/13/07): To date, no new or revised information has been received. Applicant (4/4/07): The deferral fee was paid. Applicant (4/6/07): Revised proffered conditions were submitted. 8 07 SN 0205-1v1A Y23- BOS Planning Commission Meeting (4/17/07): The applicant requested a deferral to the Commission's May meeting to allow time for staff to prepared an analysis of the proffered submitted on April 6,2007. Mr. Gecker indicated that he could not support a thirty (30) day deferral due to the May caseload; however, he could support a deferral to June. The applicant would not agree to a June deferral; therefore, it was the consensus of the commission to hear the case. Mr. Gecker indicated the proposal does not comply with the Plan and fails to address transportation and utility concerns. Mr. Litton indicated the case should be deferred. On motion of Mr. Gecker, seconded by Mr. Gulley, the Commission recommended denial. AYES: Messrs. Gecker, Gulley and Bass. ABSTENTIONS: Messrs. Litton and Wilson. Applicant (5/8/07): Revisions to proffers were submitted. The Board of Supervisors, on Wednesday, May 23,2007, beginning at 6:30 p.m., will take under consideration this request. 9 07 SN 0205-1v1A Y23- BOS This page is blank.