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01SN0276-Dec19.pdfSeptember.~,~ ~ 2001 CPC December 19, 2001 BS REQUESTS: I. II. STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 01 SN0276 Church 9509, L.P. Clover Hill Magisterial District South line of Midlothian Turnpike Amendment to zoning (Case 91 SN0230, Condition 6) to eliminate the requirement that the Route 60 entrance/exit be limited to right tums in and out. Amendment to zoning (Case 91SN0230, Condition 15) to accommodate expansion of a motor vehicle sales, service and repair facility. community business uses, PROPOSED LAND USE: Neighborhood and except as restricted by previous conditions of zoning, are planned. This application would expand the area where motor vehicle sales, service and repair is permitted and address access to Route 60. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL OF REQUESTS I AND II AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 AND 3. AYES: Messrs. Marsh, Litton, Cunningham and Gulley ABSENT: Mr. Gecker Providing a FIRST CHOICE Community Through Excellence in Public Service. STAFF RECOMMENDATION Recommend denial of the modifications to the access limitations and that Proffered Condition 1 not be accepted. This recommendation is made for the following reason: Proposal does not insure an access plan for this section of Route 60 which will minimize traffic congestion and accommodate shared use of the access with surrounding properties. PROFFERED CONDITION (CPC) 1. Access from the property to Route 60 shall be limited to one entrance/exit. The entrance/exit shall be limited to right roms in and out and the location shall be approved by the Transportation Department, unless the Virginia Department of Transportation approves a signalized crossover no closer than 600 feet from the Tuxford Road intersection. IfVDOT approves a signalized crossover to serve the property, then left mm lanes shall be provided as required by the Transportation Department. (T) (STAFF NOTE: THIS PROFFERED CONDITION SUPERSEDES PROFFERED CONDITION 6 OF CASE 91SN0230.) II. Recommend approval of expansion of the area for motor vehicle sales, service and repair and acceptance of Proffered Condition 2. This recommendation is made for the following reason: There is sufficient area between the proposed motor vehicle sales, service and repair area to provide land use transitions between that use and area residential development. PROFFERED CONDITION (STAFF/CPC) 2. 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 areas identified on the Zoning Plan as auto dealership or proposed auto dealership. The following uses shall not be permitted in either the Community Business (C-3) or Neighborhood Business (C-2) tract: 2 01 SN0276/WP/DEC 19H (NOTES: Coin-operated dry cleaning; pressing; laundry and laundromats; Occult sciences such as palm readers, astrologers, fortune tellers, tea leaf readers, prophets, etc.; C. Group care facilities. (P) (STAFF NOTE: THIS PROFFERED CONDITION SUPERSEDES PROFFERED CONDITION 15 OF CASE 91SN0230.) THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER MAY PROFFER OTHER CONDITIONS. IF THE COMMISSION AND BOARD WISH TO ONLY ACCEPT ONE OF THE PROFFERS, THE APPLICANT MUST AGREE FOR THE PROFFER TO REMAIN IN EFFECT. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLEY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) GENERAL INFORMATION Location: South line of Midlothian Turnpike, west of Tuxford Road. Tax IDs 750-706-9679, 751-706- 2387, 4156 and 7990 and 751-707-1228, 4548, 4907, 5340 and 7519 (Sheet 6). Existing Zoning: C-2 and C-3 Size: 22.0 acres Existing Land Use: Commercial or vacant 3 01SN0276/WP/DEC 19H Adjacent Zoning and Land Use: North South East West - C-3 with Conditional Use Planned Development; Commercial or vacant - R-7; Single family residential - R-7; Single family residential - C-5 and I-1 with Conditional Use Planned Development; Commercial, industrial or vacant UTILITIES Use of the public water and wastewater systems is required by County Code. The proposed amendments will not impact the required use of public utilities. ENVIRONMENTAL The proposed amendments will have no impact on these facilities. Conditions of the existing zoning address concerns relative to drainage. PUBLIC FACILITIES Fire Service: Buford Fire Station, Company Number 9. County water flows and fire hydrants must be provided for fire protection proposes in compliance with nationally recognized standards (i.e., National Fire Protection Association and Insurance Services Office). The proposed amendments will have a minimal impact on these facilities. Transportation: In 1993, the Board of Supervisors approved the rezoning (Case 91 SN0230) of the subject property to allow commercial development. As part of that approval, the Board accepted several transportation related proffers. Proffered Condition 5 of Case 91SN0230 limits development to 200,000 square feet of shopping center or equivalent densities. Based on shopping center trip rates, development could generate approximately 10,650 average daily trips. These vehicles will be distributed along Midlothian Turnpike (Route 60), which had a 2001 traffic count of 74,863 vehicles per day. Proffered Condition 6 of Case 91SN0230 limits access to Route 60 to one (1) entrance/exit, located approximately in the center of the property. The proffered condition requires the access to be limited to right roms in and out of the property. The applicant is requesting amendment to that condition which would allow the Virginia Department of Transportation (VDOT) to consider approval of a signalized crossover on Route 60 no closer than 600 feet 4 01 SN0276/WP/DEC 19H to the Tuxford Road intersection (Proffered Condition 1) to serve the property. Staff does not support this request. In comparing the current traffic counts along the entire length of Route 60, this section between Powhite Parkway and Robious Road carries the highest volume. Most of the intersections on Route 60 from Chippenham Parkway to Huguenot Road are, or will be in the near future, operating at an unacceptable level of service. Installing traffic signals along major arterials, like Route 60, increases traffic delays and results in more mainline congestion. According to VDOT standards, the desirable crossover spacing for a roadway like Route 60 is 900 feet and the minimum crossover spacing is 700 feet. Signalized crossovers should have greater separation. There are traffic signals on Route 60 at the intersections of Moorefield Park Drive and Tuxford Road. The applicant is seeking approval from VDOT to install a new signalized crossover approximately 600 feet west of the traffic signal at Tuxford Road. Because of the way that the properties on the north side of Route 60 have been developed, the new signalized crossover would only serve the subject property. The spacing between the currently signalized intersections is approximately 1,900 feet. Ifa new signalized crossover is approved for this section of Route 60, it should be located approximately midway between those two (2) existing signals at Moorefield Park Drive and Tuxford Road, so that it serves multiple properties/developments on both sides of Route 60. The applicant has submitted and presented traffic information to the County and VDOT regarding the proposed signalized crossover. VDOT has considered the applicant's request for a crossover approximately 600 feet west of the Tuxford Road signal, but has not approved the request by granting an exception to their standards. Installing the proposed crossover at this location will require the closing of the existing crossover on Route 60 just west of the Tuxford Road intersection. The existing crossover to the west that currently serves the church on the north side of Route 60 and the car dealership on the south side of Route 60 may also need to be closed, because of the sub-standard separation (approximately 500 feet) between the existing crossover and the proposed signalized crossover. As previously stated, the applicant proposes to amend the zoning condition to allow VDOT to determine if, and where, a new signalized crossover is installed and which crossover(s) would be closed along this section of Route 60. For the reasons stated, the Transportation Department does not support the applicant's proposed signalized crossover location; and therefore, cannot support this request. (Request I, Proffered Condition 1) 5 01 SN0276/WP~EC 19H LAND USE Comprehensive Plan: Lies within the boundaries of the Northem Area Land Use and Transportation Plan which suggests that the northwestern portion of the property is appropriate for general commercial and the remainder of the property for light industrial uses. 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. Zoning History: On August 25,2001, the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved rezoning of the request property with proffered conditions (Case 91SN0230). With the approval of Case 91SN0230, neighborhood and community business uses were permitted. Motor vehicle sales and service uses were limited to the northwestern most portion of the request site. The applicant proposes to expand the area where motor vehicle sales and service use would be allowed. In addition, with approval of Case 91SN0230, the access to Route 60 was limited to right turns in and out only. The applicant proposes to eliminate this requirement. Site Design: Currently, the 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. Conditions of zoning also address building height limitations; limitations of hours for outdoor activities; prohibition on outdoor speaker system; notification of the last known president of the Shenandoah Community Association and all adjacent property owners prior to site, architectural or landscape plan submission; square footage limitations for individual uses; buffers; and use limitations. In addition, previous conditions of zoning address access (Case 91SN0230, Proffered Condition 6). Specifically, the approved access to Midlothian Turnpike was limited to right roms in and out. The applicant wishes to have the right tums in and out restriction lifted if the Virginia Department of Transportation approves a lighted access to the property. This request is detailed in the Transportation Section of this "Request Analysis". 6 01SN0276/WP/DEC 19H Uses: When the property was zoned originally, motor vehicle sales and service was permitted on a portion of the property. The concern was that the more intense uses be located as far away from the neighborhood as possible with less intense commercial uses providing a transition between the neighborhood and the more intense uses. There is an automobile dealership located on a portion of the subject property and on adjacent property to the west. The applicant has submitted a plan which depicts an additional portion of the request site being utilized for automobile sales use (Request II, Proffered Condition 2). There is sufficient land area to provide land use transitions between the motor vehicle sales, service and repair uses and the residential development to the south. CONCLUSIONS The original zoning limited the area where motor vehicle sales and service would be permitted to the northwestern most portion of the property. The intent was to keep the more intense uses far enough from residential development to the south and east that there would still be opportunity to provide land use transition between these uses. If the motor vehicle sales, service and repair use is allowed to expand as depicted on the proposed zoning plan, there would still be ample area to provide land use transition. Therefore, staff recommends approval of Request II and acceptance of Proffered Condition 2. For the reasons outlined in the Transportation Section of this "Request Analysis", staffrecommends denial of Request I relating to access and that Proffered Condition 1 not be accepted. Should the Commission or Board wish to approve only a part of this request and accept only one (1) proffer, the applicant must agree for the proffer to remain in effect. CASE HISTORY Planning Commission Meeting (9/18/01): The Commission deferred this case to November 20, 2001, thirty (30) days on their own motion and thirty (30) days at the applicant's request. Staff (9/19/01 ): The applicant was advised in writing that any significant new or revised information should be submitted no later than September 24, 2001, for consideration at the Commission's 7 01SN0276/WP/DEC 19H November 20, 2001, public hearing. Also, the applicant was advised that a $250.00 deferral fee must be paid prior to the Commission's public hearing. Applicant (11/7/01): The $250.00 deferral fee was paid. To date, no new information has been submitted. Applicant (11 / 16/01): Revised Proffered Condition 1 was submitted. Planning Commission Meeting (11/20/01): The applicant did not accept staff's recommendation, but did aCcept the Planning Commission's recommendation. There was support present. Mr. Gulley indicated that he felt revised Proffered Condition 1 adequately addressed the Transportation Department's concerns. On motion of Mr. Gulley, seconded by Mr. Litton, the Commission recommended approval of these requests and acceptance of the proffered conditions on pages 2 and 3. AYES: Messrs. Marsh, Litton, Cunningham and Gulley ABSENT: Mr. Gecker The Board of Supervisors, on Wednesday, December 19, 2001, beginning at 7:00 p.m., will take under consideration of this request. 8 01SN0276/WP~EC 19H ~0 ! / ! .,'i ! i /~-~ .' '~1 I //' ! .' / :, i t! ! ', ZONING :'.-LAYOUT ! ! ! ~AREA OFPROPOSED ~rAUTO DEALERSHIP ~I~EXPANSION % / / \ / / / "-- - "'1 I ...... I I I I 'PROPOSED ZONING PLAN I I / I r I / ? / / ! ,! OISNO Z. 7(~-I