Loading...
98sn0182.pdfDecember 16, 1998 BS REQUEST ANALYSIS AND RECOMMENDATION 98SN0182 (AMENDED) Walter W. Marsh Dale Magisterial District North line of West Belmont Road REOUEST: (Amended) Rezoning from Agricultural (A) to Residential (R-12) of 47.9 acres and to Light Industrial (I-1) of 30.2 acres. PROPOSED LAND USE: A single family residential subdivision with a minimum lot size of 12,000 square feet is planned on the R-12 portion of this request. The applicant has agreed to limit residential development to a maximum of 119 lots, yielding a density of approximately 2.5 dwelling units per acre. In addition, industrial uses, except as restricted by Proffered Condition 15, are planned on the I-1 portion of this request. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 6. STAFF RECOMMENDATION Recommend approval for the following reasons: The proposed zoning and land uses conform with the Central Area Plan which suggests a portion of the property is appropriate for light industrial use and a portion is appropriate for residential use of 1.0 to 2.5 dwelling units per acre. The proposed zonings and land uses are representative of, an compatible with, existing and anticipated area development. The proffered conditions address the impact of the residential development on necessary capital facilities, as outlined in the Zoning Ordinance and the Comprehensive Plan. Specifically, the need for schools, parks, libraries and fire stations is identified in the County's adopted Public Facilities Plan and FY 1999- 2003 Capital Improvement Program and the impact or this development is discussed herein. The proffered conditions mitigate the impact of the residential development on capital facilities, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. (NOTE: THE ONLY CONDITION THAT MAY BE 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 (STAFF/CPC) 1. Public water and waste water systems shall be used. (STAFF/CPC) 2. Except for the 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 permit has been obtained from the Environmental Engineering Department and the approved device(s) have been installed. (STAFF/CPC) 3a. If the existing dam and pond straddling an adjacent property line is used for the project's BMP, then it shall be retrofitted to meet current day standards as outlined in the Environmental Engineering reference manual to include, but not limited to, proper primary spillways, emergency spillways, and structural stability. The retrofit design shall be performed by a qualified professional and all remedial action shall take place in conjunction with that phase of development which is located within the dam's contributory drainage way. (STAFF/CPC) 3b. If the proper easements can not be obtained to retrofit the existing facility, identified in item 3a. upstream BMPs shall be constructed to render the existing primary spillways adequate to pass the 10 yr. StO1Tll. 98SN0182/WP/DEC16G (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) Prior to any site plan approval for the I-1 portion of the subject property, an analysis shall be made of the existing culvert under Belmont Road between Corcoran Drive and Licking Creek Drive. If it is determined that Belmont Road will top on a 10-year storm with ultimate build-out of the upstream drainage area for that portion of the development that drains across Belmont Road, the developer shall retain the two and ten year storms on site and release the two and ten year storms at the pre-development rates, and also replace the culverts under Belmont Road such that they will handle the 10 year pre-development rate from the subject property plus the existing ten year offsite runoff. Prior to any site plan approval for the I-1 portion of the subject property, an analysis shall be made of the 100-year storm through Belmont Road using HEC-2 modeling in conjunction with that previously performed (if available) and, if the calculations indicate that the 100-year storm will be increased above the current condition, the lO0-year storm from the I-1 properly must be retained on site. Prior to any site plan approval for the I-1 portion of the subject property, forty-five (45) feet of right of way on the north side of Belmont Road immediately adjacent to the property, measured from the centerline or at the option of the developer, a revised centerline based on VDOT Urban Minor Arterial Standards (50 MPH or other standard approved by Chesterfield County Transportation Department), shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield COUnty. Direct access to Belmont Road shall be limited to one (1) public road or one (1) entrance/exit. The exact location of this access shall be approved by the Chesterfield County Transportation Department. To provide an adequate roadway system, the developer shall be responsible for the following: a) Construction of additional pavement along Belmont Road at the approved access to provide left and right turn lanes, if warranted, based on Chesterfield County's Transportation Department Standards; 3 98SN0182/WP/DEC16G (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) b) Relocation of the ditch to provide an adequate shoulder along the north side of Belmont Road for the entire property frontage long Belmont Road; and c) Dedication to and for the benefit of Chesterfield County, free and unrestricted, any additional right of way (or easements) required for the improvements identified in 8.a. and 8.b. above. Prior to any road and drainage plan or site plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 8, shall be submitted to and approved by the Chesterfield County Transportation Department. Such road improvements shall only be required with access to Belmont Road as identified in proffered condition 7. (Note: Access as defined in this proffered condition shall not include access for emergency vehicles only.) 10. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield, at the time of building permit application, to fund infrastructure improvements within the service district for the property, as follows: a) $6132.00 per dwelling unit lot, if paid prior to July 1, 1999; or b) The amount approved by the Board of Supervisors not to exceed $6132.00 per dwelling unit adjusted upwards by an increase in the Marshall and Swift Building Cost Index between July 1, 1998 and July 1 of the fiscal year in which the payment is made if paid after June 30, 1999. c) In the event the cash payment is not used for the purpose for which proffered within 15 years of receipt, the cash shall be returned in full to the payor. 11. The Developer shall prepare and record restrictive covenants for the residential portion of the Subject Property that shall provide that future home owners of the lots will have notice of the location of the Chesterfield County Airport and its proximity to the Property; that an advertising brochure showing a vicinity map of the Property and its proximity to the AirpOrt shall be given to each prospective 4 98SN0182/WP/DEC 16G (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 12. 13. 14. 15. purchaser; and that the vicimty display map in the sales center will identify the Airport and its proximity to the Property. The vicinity map on the f'mal subdivision plats shall show the proximity of the residential portion of the subject property to the Chesterfield County Airport. The maximum density for the residential portion of the subject property shall not exceed 119 dwelling units. The enforceability, legality, elimination, revision or amendment of any proffer set forth herein, in whole or in part, shall not affect the validity or enforceability of the other proffers or the unaffected part of any such proffer. For the I-t portion of the property, the following uses shall not be permitted: (a) (b) (c) (d) (e) (t) (g) (h) (i) O) (k) Bottling and canning soft drinks and carbonated water. Cold Storage. Freight forwarding, packaging and crating services, not including track terminals. Fur dressing and dyeing. Linoleum, asphalt-felthase and other hard surface floor cover manufacturing. Moving compm~ies, to include, but not limited to, households and businesses. Paper recycling by the compaction method. Roasting coffee, coffee products and tea manufacturing. Bakery products manufacturing. Industrial and vocational schools. Park and ride lots. 5 98SN0182/WP/DEC16G (STAFF/CPC) (STAFF/CPC) 16. 17. (1) Tool and equipment rental. (m) Warehouses, provided however, that self-storage or mini- storage warehouse facilities shall be permitted subject to the restrictions outlined in Proffered Condition 16 and office/warehouse uses shall be permitted provided that such uses are designed similar to the office/warehouse uses located on Tax ID 767-669-2749, 5811, 6235 and 9931 (aka Chesterfield Business Center), Tax ID 764-672-1870 (aka 288 Business Center) and Tax ID 759-673-1481 (aka AdBel Business Village) as determined at the time of site plan review and approval. The intent of this proffer is to require multi-tenant buildings with each tenant having a combination of office/warehouse space. The intent is to preclude the use by any individual tenant of any individual building for primarily warehouse space. (n) Wholesaling houses and distributors except that such uses shall be permitted as part of an office/warehouse project as outlined herein. For the I-1 portion of the property, screening of loading areas for any self-service storage facility from adjacent properties shall be achieved through the positioning of the self-service storage buildings in a compound-like manner such that the walls of buildings closest to the boundary lines of such use shall be generally parallel to the boundary. For the I-1 portion of the property, development shall be designed in a campus style setting to be achieved through landscaping and building with architectural styles and materials similar to the quality found in the industrial sections of office/industrial parks such as Moorefield or the Arboretum. In conjunction with the first site plan submitted, a landscaping plan and elevations depicting this requirement, shall be submitted to the Planning Department for review and approval. 98SN0182/WP/DEC 16G Location: GENERAL INFORMATION Fronts the north line of West Belmont Road, west of Licking Creek Drive. 677-0631 and 760-677-Part of 3805 (Sheet 21). Size: GPIN 759- A 78.1 acres Existing Land Use: Vacant Adjacent Zoning & Land Use: North - A and R-9; Single family residential or vacant South - A and R-7; Single family residential East - A and R-9; Single family residential West - A; Single fancily residential or vacant UTILITIES Public Water System: There is an existing twelve (12) inch water line extending along the south side of West Belmont Road at Whitepine Road, approximately 1,800 feet west of the request site. An extension of this twelve (12) inch tine is proposed in conjunction with the development of Rolling Hills, Section D. With completion of this water line, the public water system will be adjacent to the request site. Use of the public water system is intended and has been proffered. (Proffered Condition l) Public Wastewater System: There is an existing twenty-seven (27) inch wastewater trunk line extending along Licking Creek, adjacent to the easternmost boundary of the request site. In addition, there is an 7 98SNO182/WP/DEC16G existing fifteen (15) inch wastewater trunk line extending along a tributary of Licking Creek approximately 2,100 feet south of the request site. An extension of the public wastewater system is under design to serve the proposed Rolling Hills, Section D. With completion of the Rolling Hills wastewater collector, the public wastewater system will be approximately t,300 feet south of the request site. Use of the public wastewater system to serve the southwest portion of the request site will require an extension from the Rolling Hills, Section D wastewater collector. Use of the public wastewater system is intended and has been proffered. (Proffered Condition 1) ENVI~ Drainage and Erosion: The majority of the property drains to an existing pond that straddles a portion of this property and the adjacent property to the southeast. The remaining portion drains either under Belmont Road to Licking Creek or directly into Licking Creek. There should be no erosion problems based on the proposed development; however, utilizing the existing pond as a BMP would cause problems because of its age and multiple owners. Since the existing dam and pond are integral parts of the overall development, the pond, if used as a BMP should be retrofitted to meet current day standards as outlined in the Environmental Engineering reference manual. The retrofit design should be performed by a qualified professional and all remedial action should take place in conjunction with the first phase of development. The applicant has adequately addressed this concern. (Proffered Conditions 3a. and 3b.) A portion of this property drains to the existing culverts under Belmont Road with an apparent substantial upstream off-site drainage area. Development of the area draining toward the culvert, which is currently inadequate, will increase flooding of the road. An analysis should be made of the existing culverts under Belmont Road. If this analysis determines Belmont Road will flood during a 10-year storm, the developer should install culverts to pass a 100-year storm for ultimate development or retain water on-site. An analysis must also be made of the 100-year storm through Belmont Road. If this analysis indicates the 100-year storm will be increased above the current condition, on-site retention for the I-1 property will be required. The applicant has adequately addressed these concerns. (Proffered Conditions 4 and 5) The property has a well established stand of timber. The applicant has proffered that, with the exception of timbering which has been approved by the Department of Forestry to remove dead or diseased trees, there will be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department (Proffered Condition 8 98SN0182/WP/DEC16G 2). This will insure that proper erosion control measures are in place prior to any timbering and related land disturbance. County Airport: The subject property is in an area susceptible to heavy and continuous aircraft operations due to its proximity to the runway at the County Airport and the corresponding airport traffic pattern. Runway 33, which is used for sixty (60) percent of all departures from the airport, directly affects this area. The airport consistently receives more complaints from citizens residing in this area than from any other area. The applicant has agreed to make potential residential lot purchasers aware of their proximity to the airport. (Proffered Conditions 11 and 12) The I-1 portion of this request is an acceptable and compatible land use to airport operations. PUBLIC FACILITIES The need for fire, school, library, park and transportation facilities is identified in the Public Facilities Plan, the Thoroughfare Plan and the FY1999-2003 Capital Improvement Program. The residential portion of this development will have an impact on these facilities. Fire Service: The Public Facilities Plan indicates that Emergency Services calls are expected to increase forty-five (45) percent by the year 2015. Eight (8) new fire/rescue stations are recommended for construction by the year 2015 in the Public Facilities Plan. This property is currently served by the Airport Fire/Rescue Station, Company Number 13 and Rescue 15. When the property is developed, the number of hydrants and quantity of water needed for fire protection will be evaluated during the plans review process. Also, the need for ingress/egress for emergency equipment and designation of fh:e lanes will be determined during the review of the aforementioned plans. Considering the number of dwelling units in this development, a second means of ingress/egress should be provided as required by the Subdivision Ordinance. This second entrance will allow emergency personnel access to the subdivision should the main entrance become blocked. Based on 119 residential lots, this request will generate approximately thirty-three (33) emergency calls for fire and rescue services per year. The proffered conditions adequately address the cost of providing for area fire services, as generated by the proposed development. (Proffered Condition 10) 9 98SN0182/WP/DEC16G Schools: Approximately sixty-seven (67) school age children will be generated by this development. The site lies in the Hening Elementary School attendance zone: capacity - 620, enrollment - 692; Manchester Middle School zone: capacity - 1,350, enrollment - 1,267; and Meadowbrook High School zone: capacity - 1,438, enrollment - 1,350. This request will have an impact on area schools. Currently, there are eight (8) trailers at Hening Elementary School. The proffered conditions adequately address the cost of providing for area school needs, as generated by the proposed development. (Proffered Condition 10) Libraries: The proposed development is located such that it would likely affect use of either the Central, Meadowdale or the LaPrade Libraries. The Chesterfield County Public Facilities Plan (1995) identifies a need for increased library space at each of these facilities. A new LaPrade Library is scheduled for constructioia FY99. The proffered conditions adequately address the cost of providing for area library facilities, as generated by the proposed development. (Proffered Condition 10) Parks and Recreation: The public Facilities Plan identifies the need for two (2) new regional parks. In addition, there is currently a shortage of community park acreage in the central area. The Public Facilities Plan identifies a need for seventy (70) acres of community park space by 2015. The proffered conditions adequately address the cost of providing for area park facilities, as generated by the proposed development. (Proffered Condition 10) Transportation: This request will not limit development of the industrial tract to a specific land use; therefore, it is difficult to anticipate traffic generation. Based on light industrial trip rates, development of the industrial tract could generate approximately 1,700 average daily trips. The applicant has proffered to restrict development of the residential tract to a maximum of 119 dwelling units (Proffered Condition 13)i Based on single family trip rates, development of the residential tract could generate approximately 1,230 average daily trips. This results in a total trip generation for the project of approximately 2,930 average daily trips. These vehicles will be distributed along Belmont Road which had a 1996 traffic count of 4,234 vehicles per day. 10 98SN0182/WP/DEC16G The Thoroughfare Plan identifies Belmont Road as a major arterial with a recommended right of way width of ninety (90) feet. The applicant has proffered to dedicate forty-five (45) feet of right of way, measured from the centerline of Belmont Road, in accordance with that Plan. (Proffered Condition 6) Access to major arterials, such as Belmont Road, should be controlled. The applicant has proffered that direct access to Belmont Road will be limited to one (1) public road or one (1) entrance/exit (Proffered Condition 7). This access will probably align with Corcoran Drive, located on the south side of Belmont Road. Due to the vertical alignment of Belmont Road in this area, sight distance is limited. Belmont Road may need to be reconstructed to provide adequate sight distance. Mitigating road improvements must be provided to address the traffic impact of this development. The applicant has proffered to: 1) construct additional pavement along Belmont Road to provide left and right turn lanes, based on Transportation Department standards, and 2) relocate the ditch along the north side of Belmont Road for the entire property frontage (Proffered Condition 8). Constructing the turn lanes may require the developer to acquire "off-site" right of way. The Thoroughfare Plan identifies the need to improve existing roads, as well as construct new roads to accommodate growth. Area roads need to be improved to address safety and accommodate the increase in traffic generated by development of the residential tract. The applicant has proffered to contribute cash towards addressing this impact. (Proffered Condition 10) At time of tentative subdivision review of the residential tract, specific recommendations will be provided regarding stub road rights of way to adjacent properties. At time of site plan review for development within the industrial tract, specific recommendations will be provided regarding access and internal circulation. 11 98SN0182/WP/DEC 16G Financial Impact on Capital Facilities: PER UNIT Potential # New Dwelling Units [ 119' 1.00 Population Increase I 333.20 2.8 Number New Students Elementary 32.96 0.28 Middle 15.95 0.13 High 18.45 0.16 Total 67.35 0.57 Net Cost for Schools 369,257 3,103 Net Cost for Parks 75,327 633 Net Cost for Libraries 39,032 328 Net Cost for Fire Stations 34,034 286 Average Net Cost Roads 293,811 2,469 Total Net Cost 811,461 6,819 *Based on a proffered maximum of 119 dwelling units. (Proffered Condition 13) As noted, this proposed development will have an impact on capital facilities. Staff has calculated the fiscal impact of every new dwelling unit on schools, roads, parks, libraries and fire stations at $6,819 per dwelling unit. The applicant has been advised that a maximum proffer of $6,132 per dwelling unit .would defray the cost of the capital facilities necessitated by this proposed development. Consistent with the Board of Supervisors' policy, and proffers accepted from other applicants, the applicant has offered cash to assist in defraying the cost of this proposed development on such capital facilities. (Proffered Condition 10) Note that circumstances relevant to this case, as presented by the applicant, have been reviewed and it has been determined that it would be appropriate to accept the maximum cash proffer in this case. 12 98SN0182/WP/DEC 16G Comprehensive Plan: Lies within the boundaries of the ~ which suggests that the majority of the request property is appropriate for light industrial use. A portion of the property (northwestern part) is designated for residential use of 1.0 to 2.5 dwelling units per acre and the remainder of the property is designated for light industrial uses. The intent of the Plan was to locate single family residential uses as far away from the operational area of the airport as possible and to have the more compatible light industrial uses closer to the airport. Area Development Trends: The surrounding properties are characterized by single family residential uses and vacant pamels zoned Agricultural (A) and Residential (R-9 and R-7). The undeveloped adjacent residential property to the north and east was zoned as part of the Mulberry Corporation property. Conditions of zoning approval for this adjacent property limit it to a maximum density of 1.67 lots per acre. The applicant has agreed to limit residential development to a maximum of 119 dwelling units yielding a density of approximately 2.5 dwelling units per acre. (Proffered Condition 13) As previously noted, the request property lies within proximity to the County Airport. The Plan anticipates some industrial development in this area. Restrictive Covenants: The applicant has proffered that restrictive covenants will be recorded for the residential portion of this development (Proffered Condition 11). The intent is to provide future residents with notification of the proximity of the Airport and the potential impact of that operation on the residential portion of the request property. It should be noted that once recorded, the restrictive covenants can be changed or amended. Site Design: Currently, the only access available to the proposed residential tract would be through the proposed industrial tract to Belmont Road or the adjacent Mulberry (Five Forks) Development via stub roads. The residential development would conform to the requirements of the Zoning and Subdivision O~'dinances as well as the proffered conditions. The proposed I-1 portion of the request property lies within an Emerging Growth Area. New construction must conform to the requirements of the Development Standards Manual which address access, parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities, and screening of dumpsters and loading areas. In addition, the Central Area Plan suggests, and the applicant has proffered, that light industrial uses adjacent to 13 98SN0182/WP/DEC16G existing or future residential areas should be designed in a campus style setting to be achieved through preservation of forested character, landscaping and buildings with architectural styles and materials of the quality found in office/industrial parks such as Moorefield or the Arboretum. (Proffered Condition 17) Architectural Treatment: Within the I-1 tract, no building exterior which would be visible to any agricultural or residential district or any public right of way may consists of architectural materials inferior in quality, appearance, or detail to any other exterior of the same building. There is, however, nothing to preclude the use of different materials on different building exteriors, but rather, the use of inferior materials on sides which face adjoining property. No portion of a building constructed of unadorned concrete block or corrugated and/or sheet metal may be visible from any adjoining agricultural or residential district or any public right of way. No building exterior may be constructed of unpainted concrete block or corrugated and/or sheet metal. Mechanical equipment, whether ground-level or rooftop, must be shielded and screened from public view and designed to be perceived at an integral part of the building. ff rsand Scr eni : For the proposed I-1 property, the Zoning Ordinance will require that solid waste storage areas (i.e., dumpsters, garbage cans, trash compactors, etc.) be screened from view of adjacent property and public rights of wa~/ by a solid fence, wall, dense evergreen plantings or architectural feature be separated from any residentially zoned property or any property being used for residential purposes 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. In addition, sites must be designed and buildings oriented so that loading areas are screened from any property where loading areas are prohibited and from public rights of way. Adjacent property to east and west property line of the proposed I-1 property is zoned Agricultural (A) and is occupied by single family residences or is vacant. In addition, the part of the property to the north of the proposed I-1 portion of this request is proposed for R-12 zoning and development. The Zoning Ordinance will require a minimum fifty (50) foot buffer on the I-1 property between the R-12 and I-1 property boundaries. Because the adjacent property to the east and west of the proposed I-1 property is shown on the Plan for industrial use, the Ordinance does not require a buffer. Since these adjacent parcels are designated on the Plan for future industrial development, a buffer has not been recommended. The Zoning Ordinance will require any light industrial uses plus any accessory uses to be located at least 100 feet from any R district and any Agricultural (A) property which is either occupied by a dwelling or designated for residential development by the Plan. This will provide interim protection for those adjacent properties currently occupied by a dwelling unit, but proposed long term for industrial use. 14 98SN0182/WP/DEC 16G Proffered Condition 16 addresses concerns relative to the screening of loading areas for any self-service storage facility in the proposed I-1 tract. (Proffered Condition 16) CONCLUSIONS The proposed zoning and land uses conform with the Central Area Plan which suggest a portion of the property is appropriate for light industrial use and a portion is appropriate for residential use of 1.0 to 2.5 dwelling units per acre. In addition, the proposed zoning and land uses are representative of, and compatible with, existing and .anticipated area development. The proffered conditions address the impacts of this development on necessary capital facilities, as outlined in the Zoning Ordinance and the Comprehensive Plan. Specifically, the need for schools, parks, libraries and fire stations is identified in the County's adopted Public Facilities Plan and FY 1999-2003 Capital Improvement Program and the impact of this development is discussed herein. The proffered conditions mitigate the impact on capital facilities, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (3/17/98): At the request of the applicant, the Commission deferred this case to their May 19, 1998, meeting. Staff (3/18/98): The applicant was advised in writing that any significant new or revised information should be submitted no later than March 24, 1998, for consideration at the Commission's May 19, 1998, public hearing. Also, the applicant was advised that a $150.00 deferral fee must be paid prior to the Commission's public hearing. Applicant (3/26/98): The applicant paid the deferral fee. 15 98SN0182/WP/DEC16G Staff (5/1/98): To date, no new information has been received. Planning Commission Meeting (5/19/98): The applicant did not accepted the recommendation. There was opposition and support present. Those in support indicated that they wanted the area to remain either agricultural or residential. Those in opposition or having concerns indicated that development should not occur in the area until area roads and drainage systems are improved; that residential development should occur on large lots of five (5) acres or more; and that residential development is inappropriate in the area due .to the incompatibility of such uses with the airport operations. It was the consensus of the Commission that the proposal does not comply with the Central ,Area Plan. On motion of Mr. Miller, seconded by Mr. Gulley, the Commission recommended denial of this request. AYES: Messrs. Shewmake, Cunningham, Gulley and Miller. ABSENT: Mr. Marsh. Board of Supervisors' Meeting (5/27/98): At the request of the applicant, the Board deferred this case to their June 24, 1998, meeting. Staff (5/28/98): The applicant was advised in writing that any significant new or revised information should be submitted no later than June 2, 1998, for consideration at the Board's June public hearing. The applicant was also advised that a $250.00 deferral fee was due. Staff (6/15/98): To date, no new information has been received. The $250.00 deferral fee was paid. 16 98SN0182/WP/DEC16G Board of Supervisors' Meeting (6/24/98): At the request of the applicant, the Board remanded this case to the Planning Commission to allow amendment of the case. Staff (6/25/98): The applicant was advised in writing that the ~ase would be scheduled for public hearing before the Planning Commission subsequent to any amendment. Applicant (6/30/98): The applicant amended this request, as reflected herein, and submitted revised and additional proffered conditions. Applicant (9/3/98): Amended proffered conditions were submitted. Planning Commission Meeting (9/15/98): On their own motion, the Comrnission deferred this case to their November 17, 1998, meeting. Staff (9/16/98): The applicant was advised in writing that any new or revised information should be submitted no later than September 21, 1998, for consideration at the Commission's November 17, 1998, public hearing. Staff (10/16/98): To date, no new additional information has been received. Applicant (11/16/98): Revised Proffered Conditions 15 and 16 were submitted. 17 98SN0182/WP/DEC 16G Plarm/ng Commission Meeting (11/17/98): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Miller, seconded by Mr. Gulley, the Commission recommended approval of this request and acceptance of the proffered conditions on pages 2 through 6. AYES: Unanimous. The Board of Supervisors, on Wednesday, December 16, 1998, beginning at 7:00 p.m., will take under consideration this request. 18 98SN0182/WP/DEC 160 98SNOlS~(AMENDED) REZ:~A TO R-12 J~A TO T-I SH. 21 N PARCEL 1 47.868 ACRES PARCEL 5 15.739 ACRES PARCEL 2 14.438 ACRES ACRES PARCEL 5.03 98SN0182 (Amended) In Dale Magisterial District, WALTER W. ~ARSH requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R 12) of 47.9 acres and to Light Industrial (I 1) of 30.2 acres. A single family residential subdivision with a minimum lot size of 12,000 square feet is planned on the R 12 portion of this request. Residential use of up to 3.63 units per acre is permitted in a Residential (R 12) District. The applicant has agreed to limit residential development to a maximum of 119 lots, yielding a density of approximately 2.5 units per acre. The density of the I 1 portion of this request will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.0 to 2.5 units per acre and for light industrial use. This request lies on 78.1 acres fronting approximately 945 feet on the north line of West Belmont Road, measured from a point approximately 500 feet west of Licking Creek Drive. GPIN 759 677 0631 and 760 677 Part of 12/16/98 98 941 3805 (Sheet 21). Mr. Jacobson presented a summary of Case 98SN0182 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the proposed request conforms to the Central Area Plan. recommendation is Mr. Walter Marsh stated that the acceptable. There was no opposition present. After brief discussion, Mr. Daniel made by Mr. McHale, for the Board to approve accept the following proffered conditions: 3a. 3b. a motion, seconded Case 98SN0182 and Public water and waste water systems shall be used. Except for the 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 permit has been obtained from the Environmental Engineering Department and the approved device(s) have been installed. If the existing dam and pond straddling an adjacent property line is used for the project's BMP, then it shall be retrofitted to meet current day standards as outlined in the Environmental Engineering reference manual to include, but not limited to, proper primary spillways, emergency spillways, and structural stability. The retrofit design shall be performed by a qualified professional and all remedial action shall take place in conjunction with that phase of development which is located within the dam's contributory drainage way. If the proper easements can not be obtained to retrofit the existing facility, identified in item 3a. upstream BMPs shall be constructed to render the existing primary spillways adequate to pass the 10 yr. storm. Prior to any site plan approval for the I 1 portion of the subject property, an analysis shall be made of the existing culvert under Belmont Road between Corcoran Drive and Licking Creek Drive. If it is determined that Belmont Road will top on a 10 year storm with ultimate build out of the upstream drainage area for that portion of the development that drains across Belmont Road, the developer shall retain the two and ten year storms on site and release the two and ten year storms at the pre development rates, and also replace the culverts under Belmont Road such that they will handle the 10 year pre development rate from the subject property plus the existing ten year offsite runoff. Prior to any site plan approval for the I 1 12/16/98 98 942 1© portion of the subject property, an analysis shall be made of the 100 year storm through Belmont Road using HEC 2 modeling in conjunction with that previously performed (if available) and, if the calculations indicate that the 100 year storm will be increased above the current condition, the 100 year storm from the I 1 property must be retained on site. Prior to any site plan approval for the I 1 portion of the subject property, forty five (45) feet of right of way on the north side of Belmont Road immediately adjacent to the property, measured from the centerline or at the option of the developer, a revised centerline based on VDOT Urban Minor Arterial Standards (50 MPH or other standard approved by Chesterfield County Transportation Department), shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. Direct access to Belmont Road shall be limited to one (1) public road or one (1) entrance/exit. The exact location of this access shall be approved by the Chesterfield County Transportation Department. To provide an adequate roadway system, the developer shall be responsible for the following: a) Construction of additional pavement along Belmont Road at the approved access to provide left and right turn lanes, if warranted, based on Chesterfield County's Transportation Department Standards; b) Relocation of the ditch to provide an adequate shoulder along the north side of Belmont Road for the entire property frontage long Belmont Road; and c) Dedication to and for the benefit of Chesterfield County, free and unrestricted, any additional right of way (or easements) required for the improvements identified in 8.a. and 8.b. above. Prior to any road and drainage plan or site plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 8, shall be submitted to and approved by the Chesterfield County Transportation Department. Such road improvements shall only be required with access to Belmont Road as identified in proffered condition 7. (Note: Access as defined in this proffered condition shall not include access for emergency vehicles only.) The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield, at the time of building permit application, to fund infrastructure improvements within the service district for the property, as follows: 12/16/98 98 943 11 a} b} c) $6132.00 per dwelling unit lot, if paid prior to July 1, 1999; or The amount approved by the Board of Supervisors not to exceed $6132.00 per dwelling unit adjusted upwards by an increase in the Marshall and Swift Building Cost Index between July 1, 1998 and July 1 of the fiscal year in which the payment is made if paid after June 30, 1999. In the event the cash payment is not used for the purpose for which proffered within 15 years of receipt, the cash shall be returned in full to the payor. The Developer shall prepare and record restrictive covenants for the residential portion of the Subject Property that shall provide that future home owners of the lots will have notice of the location of the Chesterfield County Airport and its proximity to the Property; that an advertising brochure showing a vicinity map of the Property and its proximity to the Airport shall be given to each prospective purchaser; and that the vicinity display map in the sales center will identify the Airport and its proximity to the Property. 12 13 14 The vicinity map on the final subdivision plats shall show the proximity of the residential portion of the subject property to the Chesterfield County Airport. The maximum density for the residential portion of the subject property shall not exceed 119 dwelling units. The enforceability, legality, elimination, revision or amendment of any proffer set forth herein, in whole or in part, shall not affect the validity or enforceability of the other proffers or the unaffected part of any such proffer. For the I 1 portion of the property, the following uses shall not be permitted: (a) (c) (d) (e) (f) 12/16/98 Bottling Cold Storage. Freight forwarding, packaging and crating services, not including truck terminals. Fur dressing and dyeing. Linoleum, asphalt feltbase floor cover manufacturing. Moving companies, to include, but not limited to, and canning soft drinks and carbonated and other hard surface 98 944 households and businesses. (g) Paper recycling by the compaction method. (h) Roasting coffee, coffee products and tea manufacturing. (1) Bakery products manufacturing. (j) Industrial and vocational schools. (k) Park and ride lots. (1) Tool and equipment rental. (m) Warehouses, provided however, that self storage or mini storage warehouse facilities shall be permitted subject to the restrictions outlined in Proffered Condition 16 and office/warehouse uses shall be permitted provided that such uses are designed similar to the office/warehouse uses located on Tax ID 767 669 2749, 5811, 6235 and 9931 (aka Chesterfield Business Center), Tax ID 764 672 1870 (aka 288 Business Center) and Tax ID 759 673 1481 (aka AdBel Business Village) as determined at the time of site plan review and approval. The intent of this proffer is to require multi tenant buildings with each tenant having a combination of office/warehouse space. The intent is to preclude the use by any individual tenant of any individual building for primarily warehouse space. (n) Wholesaling houses and distributors except that such uses shall be permitted as part of an office/warehouse project as outlined herein. 16. For the I 1 portion of the property, screening of loading areas for any self service storage facility from adjacent properties shall be achieved through the positioning of the self service storage buildings in a compound llke manner such that the walls of buildings closest to the boundary lines of such use shall be generally parallel to the boundary. 17. a. For the I 1 portion of the property, development shall be designed in a campus style setting to be achieved through landscaping and building with architectural styles and materials similar to the quality found in the industrial sections of office/industrial parks such as Moorefleld or the Arboretum. b. In conjunction with the first site plan submitted, a landscaping plan and elevations depicting this requirement, shall be 12/16/98 98 945 submitted to the Planning Department review and approval. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. for 12/16/98 98 946