Providing a FIRST CHOICE community through excellence in public service

Transcription

1 Planning Commission Minutes Chesterfield, Virginia May 19, 2015 PRESENT: Mr. Russell J. Gulley, Chairman Mr. Reuben J. Waller, Jr., Vice-Chairman Dr. William P. Brown Mr. J. Dale Patton Dr. Edgar V. Wallin Mr. Kirkland A. Turner, Secretary to the Commission, Planning Director ALSO PRESENT: Mr. Michael E. Tompkins, Assistant Director, Development Review Section, Planning Department Mr. Rob Robinson, Senior Assistant County Attorney, County Attorney s Office Mr. Steve Haasch, Planning Manager, Plans and Information Section, Planning Department Ms. Bonnie L. Perdue, Clerk to the Commission, Plans and Information Section, Planning Department Mr. Greg Allen, Planning Manager, Development Review Section, Planning Department Ms. Jane Peterson, Planning Manager, Development Review Section, Planning Department Ms. Darla Orr, Planning and Special Projects Manager, Development Review Section, Planning Department Mr. Ryan Ramsey, Planning and Special Projects Manager, Development Review Section, Planning Department Mr. Robert Clay, Planning and Special Projects Manager, Development Review Section, Planning Department Ms. Teresa C. Davis, Planning and Special Projects Coordinator, Development Review Section, Planning Department Mr. Jesse Smith, Director, Transportation Department Mr. Scott Smedley, Director Environmental Engineering Department Mr. Dave Wolverton, Microcomputer Analyst Information Systems Technology Department Deputy Fire Marshall Anthony Batten, Fire and Life Safety, Fire and EMS Department Ms. Heather Barrar, Principal Planner, Providing a FIRST CHOICE community through excellence in public service

2 Plans and Information Section, Planning Department Mr. Ray Cash, Code Keeper, Plans Review Section, Planning Department Dr. Cynthia Richardson, Director of Planning, School Administration ASSEMBLY AND WORK SESSION. Messrs. Gulley, Waller, Brown, Patton and Wallin and staff assembled at 2:00 p.m. in the Public Meeting Room, Chesterfield County Administration Building, Iron Bridge Road Chesterfield, VA, for a work session. I. CALL TO ORDER. II. REQUESTS TO POSTPONE ACTION, EMERGENCY ADDITIONS, CHANGES IN THE ORDER OF PRESENTATION. Mr. Turner advised, item IX (15PJ0115) DISCUSSION OF PROPOSED CODE AMENDMENT RELATIVE TO BICYCLE FACILITIES AND LOT SIZE REDUCTIONS FOR PROVISION OF BICYCLE FACILITIES AND BUFFERS IN COMMON AREAS. would be moved to the June 16, 2015 Planning Commission Work Session. On motion of Dr. Wallin, seconded Dr. Brown, the Commission resolved to approve moving item IX (15PJ0115) to the June 16, 2015 Planning Commission Work Session. Mr. Turner asked Mr. Greg Allen to introduce two new staff members in the Plans Review Section of Planning, Ms. Atonja Allen and Ms. Marissa Marklevitz. III. REVIEW UPCOMING AGENDAS. Ms. Jane Peterson apprised the Commission of the caseload agendas for June, July, August and September. IV. REVIEW DAY S AGENDA. Mr. Greg Allen provided an overview on the one (1) case for the 4:00 p.m. session, Case 15PR0189, Wynwood Developer, LLC, which is on the consent agenda. Ms. Jane Peterson provided an overview to the Commission of the fourteen (14) cases for today s agenda. Mr. Turner requested someone from the Budget Department come to the Public Meeting Room during the Work Session to answer any questions the Commission may have relative to cash proffers collected CPC Minutes Draft 2 P a g e

3 V. WORK PROGRAM - REVIEW AND UPDATE. There were no questions relative to the Work Program. VI. PLANNING COMMISSION FOLLOW-UP ITEMS LIST. There were no questions relative to the Follow-Up Items list. VII. (14PJ0161) DISCUSSION OF PROPOSED CODE AMENDMENT RELATIVE TO SMALL CELL TECHNOLOGY. Mr. Robert Clay presented an update to the Commission on three (3) outstanding issues with the Small Cell Technology amendment and stated that staff met with Industry representatives to work out a compromise on the issues. Relative to pole mounted equipment, staff decided to minimize the size of the equipment boxes on the poles to seven (7) cubic feet. In response to a question from Mr. Gulley relative to the height of the boxes, Mr. Clay responded the Industry stated the boxes are currently eight (8) feet off the ground, which is the minimum required height for VDOT to achieve their sight distance. Owners of the poles have set limits about how high the boxes can be installed on the poles so there are limitations on the height of boxes. Mr. Gulley stated he hoped Mr. Clay could get the Industry to move the boxes as high as possible to get them out of sight. The second item dealt with the height of the antennas above the pole. Staff wanted to restrict that to five (5) feet but the Industry explained that the utility company that has the poles requires a minimum separation between the bottom of the antenna and any equipment that is located on the pole. That minimum distance is typically eight (8) feet and staff is comfortable increasing the height of the antenna to ten (10) feet and the Industry supports this change. The third item dealt with diameter of antennas located on light poles. Staff has agreed that given the narrowness of certain light poles, allowances to permit the width of antennas to exceed the light poles should be made. Staff can support the request. Staff is prepared to finalize the language and bring the Ordinance Amendment back to the Commission at the June 16, 2015 Planning Commission public hearing. Mr. Gulley requested that Mr. Turner place this on the June 16 Work Session to find out the result of the meeting with staff and the Industry and to hear this at the June 16, 2015 Public Hearing. VIII. (14PJ0129) DISCUSSION OF PROPOSED BIKEWAYS & TRAILS PLAN. Mr. Steve Haasch introduced the Bikeways & Trails Plan (BTP) to the Commission stating it will be a new chapter of the Comp Plan. The project would amend the introduction and cover, Chapter 13 Transportation, Chapter 14 The Public Facilities Plan and Chapter 15 Implementation of the countywide Comp Plan. Mr. Haasch pointed out that the project would amend the Thoroughfare Plan Map with a note stating additional right-of-way may be needed to accommodate Bikeways & Trails facilities CPC Minutes Draft 3 P a g e

4 Ms. Heather Barrar continued the overview on the Bikeways & Trails Plan (BTP) stating this was part of the vision in 2012 and it exists in the Comp Plan in the Transportation chapter. Staff has worked with various county departments and agencies and hosted numerous and varied outreach activities to get input and opinions on the (BTP). The proposed (BTP) is a network throughout the county that ties together residential and commercial areas with public facilities such as parks, schools and libraries. The proposed network would also connect to surrounding localities planned improvements as well as featuring Pocahontas State Park as a central hub. Staff recommends the Commission set a public hearing at the June 16, 2015 Planning Commission public hearing. In response to a question from Mr. Patton relative to the Colonial Heights trail, Ms. Barrar stated the trail that Colonial Heights is building is along the Appomattox River. Mr. Jesse Smith said there are abandoned railroad tracks and the right-of-way was purchased in the late eighties (80 s) and was included in the Branner Station zoning case. Dr. Wallin stated this effort needs to move forward with great transparency and all citizen comments should be heard both for and against the (BTP). There is one area that could be a potential problem and that is adding this as part of the Comp Plan as we didn t talk about adding a chapter that was devoted to bikeways and trails. He hopes everyone remains open and objective through the process and can be prepared to explain what is being done. Dr. Brown stated he agrees that the public needs to be informed and kept abreast of things but this process has involved the public. As far as changing the Comp Plan, it is a dynamic living document and he is optimistic the Plan will work well. With regard to the implementation of the bike trails that have access to the linear trail system from subdivisions, he inquired about how parking was being addressed. Ms. Barrar stated the (BTP) is envisioned with designated parking lots so neighborhoods will not be disturbed. On motion of Dr. Brown, seconded by Mr. Waller, the Commission resolved to set a public hearing for the June 16, 2015 Planning Commission meeting. IX. (15PJ0115) DISCUSSION OF PROPOSED CODE AMENDMENT RELATIVE TO BICYCLE FACILITIES AND LOT SIZE REDUCTIONS FOR PROVISION OF BICYCLE FACILITIES AND BUFFERS IN COMMON AREAS. This item was moved to the June 16, 2015 Planning Commission Work Session.. X. UPDATE ON IMPROVEMENTS TO WOOLRIDGE AND OTTERDALE ROADS. Mr. Jesse Smith and Mr. Brent Epps with Transportation presented an overview of the project also known as the Lower Magnolia Green CDA Project which is a planned, four (4) lane widening of both Otterdale and Woolridge Roads. XI. UPDATE ON CAPITAL CONSTRUCTION GOALS & ACCOUNTABILITY COMMITTEE. Dr. Wallin provided an overview on a meeting called on May 8, 2015 to discuss the anticipated budget overage for the Monacan High School project which is about $3.4M over budget. The regularly scheduled May 2015 meeting is tomorrow and Schools should be bringing back answers CPC Minutes Draft 4 P a g e

5 to these budget questions and to review the past meeting items. New business to be discussed is Manchester Middle School which is estimated to be $38M, the schools construction management action plan which will be presented by the school superintendent. Dr. Brown and Mr. Waller commented on discrepancies identified at the meeting regarding communication with schools and architects which led to extra money being spent adding to the budget issue. XII. RECESS. The Commission recessed at 3:30 p.m. for the 4:00 p.m. public hearing. 4:00 P.M. PUBLIC MEETING. I. CALL TO ORDER. Mr. Gulley, Chairman, called the meeting to order at 4:01 p.m., in the Public Meeting Room, Lane B. Ramsey Administration Building, Iron Bridge Road, Chesterfield, VA. II. REQUESTS TO POSTPONE ACTION, EMERGENCY ADDITIONS OR CHANGES IN THE ORDER OF PRESENTATION. There were no requests to postpone action, emergency additions or changes in the order of presentation. III. REVIEW MEETING PROCEDURES. Mr. Turner advised he would review the meeting procedures at the 6:00 p.m. meeting. IV. APPROVAL OF THE PLANNING COMMISSION MINUTES. April 21, 2015 Minutes. On motion of Dr. Wallin, seconded by Dr. Brown the Commission resolved to approve the April 21, 2015 Planning Commission minutes. V. PUBLIC MEETING. A. 15PR0189: In Matoaca Magisterial District, WYNWOOD DEVELOPER, LLC requests site plan approval for WYNWOOD TRACT D FOCAL POINT AND PLAYGROUND AMENITY AND TEMPORARY RECREATION PLAN WITH BUFFER AND SETBACK REDUCTIONS in a R-15 CUPD District on approximately 7.85 acres of disturbed area, located on the west and east sides of Strider Road on the north line of Woolridge Road. Tax ID Mr. Andy Scherzer, the applicant s representative, accepts staff s recommendations. Mr. Darin Smouse with TerraForge, thanked Staff for expediting the project CPC Minutes Draft 5 P a g e

6 CONDITIONS Mr. Gulley opened the floor for public comment. There being no one else to speak, Mr. Gulley closed the public hearing. On motion of Dr. Wallin, seconded by Mr. Patton, the Commission resolved to recommend approval of Case 15PR0189 subject to the following conditions: 1. Within thirty (30) days of a written request by the Transportation Department, all right-ofway and easements along the entire Wynwood Tract D property frontage of Woolridge Road as shown on construction plans titled Woolridge Road and Otterdale Road improvements dated 01/28/15 or subsequent revisions shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County or utility companies. (T) 2. Approval of the site plan by the private utility company in relation to its easement and facilities therein must be provided prior to land disturbance permit. (EE) 3. Should on-street parking become insufficient to meet parking needs for uses on site as determined by the County, plans shall be submitted for up to 45 off street parking spaces within Tract D within 60 days of such notification by the County. Construction shall commence within 60 days of plan approval and completed within 90 days thereafter. Upon 5 months after site plan approval for off-street parking, the Planning Department may hold the release of building permits until Providing a FIRST CHOICE community through excellence in public service such time that off-street parking is completed according to the approved plans. (P) 4. The plan shall be resubmitted to address all staff review comments prior to release of a land disturbance permit. (P) REVIEW COMMENTS 1. Correct plan name to read Wynwood Tract D Amenities plan. (P) 2. It is the responsibility of the applicant to comply with and / or acquire all applicable federal and/or state permits in relationship to environmental features including but not limited to wetlands surface waters (e.g. VSMP permit for construction sites, ground water and air quality) final approval of these plans will not relieve you of your responsibility. (EE) 3. Effective July 1, 2014, enforcement of the Virginia stormwater regulations became the responsibility of the county for development projects within Chesterfield County. Additionally, new state stormwater regulations also became effective on July 1, Land disturbing activities that obtained a VSMP permit prior to July 1, 2014 may use the stormwater management criteria specified in part ii c (9VAC et seq) for two permit cycles. Projects grandfathered under the provisions of 9VAC may follow the requirements listed under Part IIC for one permit cycle. All other new development will be subject to the requirements of Part IIB (9VAC to 9VAC ). (EE) CPC Minutes Draft 6 P a g e

7 4. Clearly label the benchmark on sheet C06. (EE) 5. Ensure the drainage areas on sheets C07 and C07.1 are comparing similar outfall locations. The DA = 1.51 ac shown on sheet C07.1 excludes the wetland area, while the pre-developed DA map includes the wetlands. 6. Clarify if the bottom elevation of the retaining wall at the east end of the wall should be 260.0, as the 260 contour begins there. (EE) 7. Provide storm calculations for all proposed storm sewer. (EE) 8. Provide a break in the super silt fence at the sediment trap 2 outlet location. (EE) 9. Provide a detail for blanket and matting (VESCH Std. & Spec 3.36) in the construction plans. (EE) 10. According to table 3.15-a of VESCH Std. & Spec for temporary slope drains (TSD), the slope drain specified to pick up the proposed playing field area should be either 18 or 21 in diameter, based on the drainage area. Show the drainage area handled by the TSD. (EE) 11. Show the drainage area to each sediment trap in both phases of the EC plan. Ensure the plans match the sediment trap information on sheet c10. Trap #1 lists the bottom elevation at 239.0, but sheets C08 and C08.1 show the bottom elevation at (EE) 12. As previously requested, revise the reference number used on the pre-development drainage plan (sheet C07) from to LDP # and from to LDP # (EE) 13. The CBPA plan (sheet C12) must be revised to match what is shown on the approved tentative. The future park area (adjacent to the intersection of Strider Road and Thornapple Run) and the area labeled section 10 CBPA Plan Area on sheet C12, are labeled Future Commercial on the approved tentative plan and should be shown as such on this plan. (EE) 14. A temporary reduced imperviousness best management practices BMP easement agreement must be recorded which encompasses the entire boundary used for CBPA compliance (CLCBPA 4). (EE) 15. The following note was included on the approved Foxcreek adjusted preliminary: This plan does not accommodate [sic] for the development of Tract D. Areas within Tract D which naturally drain to a BMP proposed with this plan, may continue to do so as long as a separate CBPA plan is submitted for Tract D development that shows that the BMP s are capable of treating the additional impervious runoff they will receive as a result of the development of Tract D. (EE) CPC Minutes Draft 7 P a g e

8 16. A BMP maintenance fee in the amount of $1,500 per impervious acre is required for commercial development. Payment must be received prior to issuance of a land disturbance permit. (EE) 17. Additional erosion control measures other than the minimum standards contained in the Virginia Erosion and Sediment Control Handbook will be required if it is determined that such measures are necessary for protection of sensitive environmental features and/or water resources. (EE) 18. For sites over five acres, a monthly erosion and sediment control report from the CRLD must be submitted to Environmental Engineering by the first of each month. (EE) 19. It is the responsibility of the owner to provide one additional set of plans to the Environmental Engineering department and obtain an "approved for construction" stamp on two additional sets for the owner to keep on-site. (EE) 20. Prior to issuance of a land disturbance permit, a copy of the AutoCAD file must be submitted to Carole Cliborne of Environmental Engineering. The AutoCAD file must be saved as a.dwg or.dxf in AutoCAD version 2009 or earlier and referenced directly to the Virginia state plane coordinate system, south zone in the NAD83 datum. The AutoCAD file may be submitted on a cd, dvd, or via and must be clearly labeled with the site plan name, site plan number, engineering firm and cad file preparer s name and phone number. The file must contain the following, each clearly labeled in separate layers: (EE) a. Proposed building footprint; b. Parking lots and driveways; c. Roads; d. Sidewalks; e. All jurisdictional wetland areas and/or waters of the U.S./state; and f. Floodplains. The file must be approved by Environmental Engineering prior to issuance of the land disturbance permit. 21. A land disturbance permit is required for this project and substantial or full site plan approval is required prior to its issuance. A land disturbance permit is a prerequisite to a building permit. (EE) 22. A land disturbance permit is required for this project and the following are required prior to its issuance: a. Substantial or full site plan approval b. A VDOT land use permit (if VDOT will require a separate land use permit for the construction entrance off of Woolridge road), c. This site is covered under the overall Wynwood VSMP d. The stormwater pollution prevention plan (SWPPP) book e. Posting of an erosion and sediment control surety (amount to be approved by EE) 23. Remove the restraint system and simply provide a plug and thrust block at the end of the waterline extension. (U) CPC Minutes Draft 8 P a g e

9 24. Revise the nomenclature of blowout to blowoff. Keep the existing blowoff and remove the proposed blowoff since. (U) 25. Non tangent curves exist along strider place. Provide Chord bearing and distance information. (GIS) 26. The site boundary survey is incomplete. Missing bearing and distance on line between Woolridge Rd and Strider Place. (GIS) 27. Provide tie lines with bearings and distances between the three non-contiguous pieces of land involved in this site. (GIS) 28. Advisory Note: The developer/owner shall ensure Dominion Virginia Power approves (offers no objections) the installation of landscaping and entrance monument assemblies within the existing/proposed power easement. (T & P) VI. RECESS. There being no further business to discuss, the Commission recessed the Afternoon Session at approximately 4:07 p.m., agreeing to meet in the Executive Meeting Room at 5:00 p.m., for dinner; and to reconvene in the Public Meeting Room at 6:00 p.m. for the public meeting. 5:00 P.M. DINNER - EXECUTIVE MEETING ROOM. During dinner, there was general discussion on topics related to the Planning Commission. 6:00 P.M. PUBLIC HEARING. I. CALL TO ORDER. II. INVOCATION. Dr. Wallin presented the invocation. III. PLEDGE OF ALLEGIANCE TO THE FLAG OF UNITED STATES OF AMERICA. The Commission let in the Pledge of Allegiance to the Flag. IV. REVIEW UPCOMING AGENDAS. Mr. Turner reviewed the caseload agendas for June, July, August and September V. REQUESTS TO POSTPONE ACTION, EMERGENCY ADDITIONS OR CHANGES IN THE ORDER OF PRESENTATION CPC Minutes Draft 9 P a g e

10 Mr. Gulley requested that Item V, approval of the April 21, 2015 Planning Commission minutes be removed from the days agenda and that the agenda be reordered. On motion of Dr. Brown, seconded by Mr. Waller, the Commission resolved to approve the agenda as stated. VI. REVIEW MEETING PROCEDURES. Mr. Kirk Turner reviewed the meeting procedures. Mr. Gulley recognized Dr. Cynthia Richardson with Schools for her service to the County and to the Planning Commission. VII. CITIZEN COMMENT ON UNSCHEDULED MATTERS. Ms. Tyla Matteson expressed concerns about a wetland area next to Amazon in the Meadowville Technology Park where a new building site is proposed. She would like DEQ to find an alternative location for the building. Mr. Bob Olsen spoke against building on wetlands near Amazon. Mr. Turner advised the applicant had withdrawn the application. Ms. Jarica Davis represented The Friends of GreenSpring Coalition and expressed concerns about overcrowding in county schools and in particular JB Watkins elementary school and asked the Commission to consider smart growth. There were no other citizens comments on unscheduled matters. VIII. PUBLIC HEARING. DEFERRAL REQUEST BY APPLICANTS REZONING AND CONDITIONAL USES. A. 14SN0508***: (AMENDED) In Bermuda Magisterial District, Centralia Station LLC requests amendment of zoning (Case 93SN0147) relative to density and access and amendment of zoning district map in Agricultural (A) and Residential (R-7, R-9 and R-12) Districts on 73.3 acres fronting 20 feet on the south line of Centralia Road, 510 feet on the east line of Centralia Station, 600 feet west of Chester Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential use (1 and 1.5 dwellings per acre or less). Tax ID Mr. Patton declared a conflict of interest and removed himself from the discussion and the dais. Ms. Kristen Keatley, the applicant s representative, requested deferral to the September 15, 2015 Planning Commission public hearing. Mr. Gulley opened the floor for public comment CPC Minutes Draft 10 P a g e

11 No one came forward to speak in favor of, or in opposition to, the deferral. There being no one to speak, Mr. Gulley closed the public hearing. On motion of Dr. Wallin, seconded by Mr. Waller, the Commission resolved to defer Case 14SN0508 to the September 15, 2015 Planning Commission public hearing at the applicant s request. ABSENT: Messrs. Gulley, Waller, Brown, and Wallin. Mr. Patton. Mr. Patton returned to his seat on the dais. J. 15SN0637: In Matoaca Magisterial District, Rebecca Hunter NewPath Networks LLC requests conditional use to permit a communications tower and amendment of zoning district map in a Residential (R-7) District on.1 acre in the public right-of-way in front of 3304 Lee Street. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Mixed use. In the vicinity of Tax ID Mr. Robert Clay indicated Staff has a letter on file from the applicant requesting a thirty (30) day deferral for Case 15SN0637, to the June 16, 2015 Planning Commission Public Hearing. Mr. Gulley opened the floor for public comments. No one came forward to speak in favor of, or in opposition to, the deferral. There being no one to speak, Mr. Gulley closed the public hearing. On motion of Dr. Wallin, seconded by Dr. Brown, the Commission resolved to defer Case 15SN0637 to the June 16, 2015 Planning Commission public hearing. K. 15SN0638: In Matoaca Magisterial District, Rebecca Hunter NewPath Networks LLC requests conditional use to permit a communications tower and amendment of zoning district map in a Residential (R-7) District on.1 acre in the public right-of-way in front of 3001 E. River Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Mixed use. In the vicinity of Tax ID Mr. Robert Clay indicated Staff has a letter on file from the applicant requesting a thirty (30) day deferral for Case 15SN0638, to the June 16, 2015 Planning Commission Public Hearing. Mr. Gulley opened the floor for public comments. No one came forward to speak in favor of, or in opposition to, the deferral. There being no one to speak, Mr. Gulley closed the public hearing CPC Minutes Draft 11 P a g e

12 On motion of Dr. Wallin, seconded by Mr. Patton, the Commission resolved to defer Case 15SN0638 to the June 16, 2015 Planning Commission public hearing. L. 15SN0639: In Matoaca Magisterial District, Rebecca Hunter NewPath Networks LLC requests conditional use to permit a communications tower and amendment of zoning district map in a Neighborhood Business (C-2) District on.1 acre in the public right-of-way in front of Chesterfield Avenue. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Mixed use. In the vicinity of Tax ID Mr. Robert Clay indicated Staff has a letter on file from the applicant requesting a thirty (30) day deferral for Case 15SN0639, to the June 16, 2015 Planning Commission Public Hearing. Mr. Gulley opened the floor for public comments. No one came forward to speak in favor of, or in opposition to, the deferral. There being no one to speak, Mr. Gulley closed the public hearing. On motion of Dr. Wallin, seconded by Mr. Patton, the Commission resolved to defer Case 15SN0639 to the June 16, 2015 Planning Commission public hearing. M. 15SN0640: In Matoaca Magisterial District, Rebecca Hunter NewPath Networks LLC requests conditional use to permit a communications tower and amendment of zoning district map in a Residential (R-7) District on.1 acre in the public right-of-way in front of James Street. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Mixed use. In the vicinity of Tax ID Mr. Robert Clay indicated Staff has a letter on file from the applicant requesting a thirty (30) day deferral for Case 15SN0640, to the June 16, 2015 Planning Commission Public Hearing. Mr. Gulley opened the floor for public comments. No one came forward to speak in favor of, or in opposition to, the deferral. There being no one to speak, Mr. Gulley closed the public hearing. On motion of Dr. Wallin, seconded by Mr. Patton, the Commission resolved to defer Case 15SN0640 to the June 16, 2015 Planning Commission public hearing CPC Minutes Draft 12 P a g e

13 DEFERRAL REQUEST BY INDIVIDUAL PLANNING COMMISSIONER REZONING. C. 15SN0607: In Bermuda Magisterial District, Udell Neal Brenner requests rezoning from Agricultural (A) to General Industrial (I-2) and amendment of zoning district map on 33.5 acres lying 800 feet off the west line of Jefferson Davis Highway, 3225 feet south of Forest Lake Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Industrial use. Tax ID Mr. Derrick Johnson, the applicant s representative, accepted deferral of Case 15SN0607 by Mr. Patton to the August 18, 2015 public hearing. Mr. Gulley opened the floor for public comments. No one came forward to speak in favor of, or in opposition to, the deferral. There being no one to speak, Mr. Gulley closed the public hearing. On motion of Mr. Patton, seconded by Dr. Wallin, the Commission resolved to defer Case 15SN0607 to the August 18, 2015 Planning Commission public hearing. Messrs. Gulley, Waller, Brown, Patton and Wallin CONSENT ITEMS CONDITIONAL USES, CONDITIONAL USE PLANNED DEVELOPEMNT, REZONINGS AND SUBSTANTIAL ACCORD. A. 15PD0193: In Midlothian Magisterial District, Chesterfield County Parks and Recreation requests substantial accord determination to permit a special purpose park and amendment of zoning district map in Agricultural (A) and Community Business (C-3) Districts on 21 acres fronting the west line of North Woolridge Road, south of Walton Park Road; also lying approximately 250 feet off the eastern line of North Woolridge Road, approximately 500 feet south of Walton Park Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Village Square, Village Fringe and Planned Transition area uses. Tax IDs Part of 6470; and Part of 2856; and Mr. Stuart Connock, the applicant s representative, accepted staff s recommendation. Mr. Tom Garner, who donated the land, spoke in favor of the project. Mr. Gulley opened the floor for public comments. No one else came forward to speak in favor of, or in opposition to, the request. There being no one else to speak, Mr. Gulley closed the public hearing. On motion of Mr. Waller, seconded by Dr. Brown, the Commission resolved to recommend approval of Case 15PD CPC Minutes Draft 13 P a g e

14 D. 15SN0626: In Clover Hill Magisterial District, Vernon McClure requests amendment of zoning (Case 06SN0174) to reduce cash proffers and amendment of zoning district map in a Residential (R-12) District on 10.2 acres located at the northern terminus of Temie Lee Parkway at St. Elizabeth Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential I use (maximum of 2.0 dwellings per acre). Tax ID and 8479; Mr. Andy Scherzer, the applicant s representative, advised the revised language in the proffer is similar to the language Budget supplied for the Lake Margaret case last month. Mr. Gulley opened the floor for public comments. Mr. Bob Olsen stated he can support this case if the applicant is paying the current full cash proffer. No one else came forward to speak in favor of, or in opposition to, the request. There being no one else to speak, Mr. Gulley closed the public hearing. Mr. Allan Carmody with Budget stated when an applicant seeks to provide a proffered condition, while it may be in conflict with the current Board policy, Budget works with the applicant on draft language for their proffer. This is not to be interpreted that Budget Management staff is supportive of that language, but is merely assisting the applicant to meet their objectives. In response to a question from Mr. Gulley relative to Budget supporting the proffer, Mr. Carmody stated there has not been enough time to review the amendment as it was submitted yesterday. Mr. Carmody stated Budget does not make a collective recommendation for approval or denial on a case. He stated Staff collectively made a recommendation of denial on the Lake Margaret case. Mr. Gulley stated he did not remember Budget recommending denial of the case based upon the proffer. Dr. Wallin stated at no time did Budget suggest they were not supportive of the Lake Margaret case regarding the cash proffer as stated. The denial was recommended because of a question about the two (2) entrances. Mr. Carmody stated that regarding the Lake Margaret case, the timing of the last amendment change did not allow enough review time to properly work through the matter. The addition of the late amendment did not allow the Planning Commission and the public time to fully understand the implications of the case regarding Budget s comments. Mr. Waller asked about page eleven (11), top paragraph, in the Budget section of the staff report. He stated the Commission was not made aware of that sentence and it created a fundamental shift catching the Commission off guard. While there was an issue of receiving three (3) additional pages of proffers at 6:00 p.m., the narrative had already been written. He recommended that Mr. Scherzer look at the language in the Lake Margaret case regarding proffers and if this language is applicable, use it in this instance for Case15SN0626. He does not feel it is fair for different cases to have different recommendations from Budget about the same circumstances CPC Minutes Draft 14 P a g e

15 Mr. Carmody stated there are differences with comments and recommendations from Budget in the two (2) different staff reports because the condition for this case came forward yesterday and Budget has not had time to fully evaluate the proffer and provide updated report comments. Mr. Scherzer stated while he and the applicant were in talks with staff and Budget beginning Thursday of last week, it was not sent over until Monday. The issue is about basic fairness with cash proffers and from case to case, he just wants a level playing field. He would like the opportunity to withdraw the amended proffer and offer the case as originally proffered, commented on and supported by staff. Mr. Gulley recommended Mr. Scherzer look at what the Board does with the Lake Margaret case and he agrees with Dr. Wallin that he didn t see any objection in that staff report from Budget on the proffer. Mr. Carmody stated the Board has a Cash Proffer Policy that is in place and the policy is looking for some inflation. Applicants have been willing to proffer to address their impacts and allow the cash proffer payment to be escalated over time. Recently, the Board adopted in their policy statement, there would be a four (4) year holiday with no increases in cash proffers. Since then, in January 2015, the Board said they might adjust the policy so an inflated number would not arise above the maximum cash proffer, but there has been no formal policy adjustment made. Budget works with any applicant to help them style language for cash proffers to make the cash proffers enforceable but that does not mean that Budget agrees with the language. On motion of Mr. Gulley, seconded by Mr. Patton, the Commission resolved to recommend approval of Case 15SN0626 and acceptance of the following proffered condition: PROFFERED CONDITION With the approval of this request, Proffered Condition 2 of Case 06SN0174 shall be amended as outlined below. All other conditions of Case 06SN0174 shall remain in force and effect. Cash Proffer. For each dwelling unit, the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit for infrastructure improvements within the cash proffer service district for the property, unless state law prevents enforcement of that timing: A. $18, per dwelling unit for the period beginning the July 1 preceding the Board of Supervisors approval of the case through July 1 four years later, at which point the amount will be adjusted for the cumulate change in the Marshall and Swift Building Cost Index during that time period. B. Thereafter, the per dwelling unit cash proffer amount shall be automatically adjusted, annually, by the annual change in the Marshall and Swift Building Cost Index on July 1 of each year. C. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. (B) CPC Minutes Draft 15 P a g e

16 E. 15SN0630: In Dale Magisterial District, Alena Stewart requests conditional use to permit a family day-care home and amendment of zoning district map in a Residential (R-9) District on.2 acre known as Holly Trace Court. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax ID Ms. Alena Stewart, the applicant, accepted staff s recommendation. Mr. Gulley opened the floor for public comments. No one came forward to speak in favor of, or in opposition to, the request. There being no one to speak, Mr. Gulley closed the public hearing. On motion of Dr. Brown, seconded by Mr. Waller, the Commission resolved to recommend approval of Case 15SN0630 and acceptance of the following proffered conditions: PROFFERED CONDITIONS 1. Non-Transferable Ownership: This conditional use approval shall be granted to and for Alena Stewart, exclusively, and shall not be transferable nor run with the land. (P) 2. Expansion of Use: There shall be no exterior additions or alterations to the existing structure to accommodate this use. (P) 3. Signage: There shall be no signs permitted to identify this use. (P) 4. Number of Children: This conditional use approval shall be limited to providing care, protection and guidance to a maximum of twelve (12) children, other than the applicant s own children, at any one time. (P) 5. Hours of Operation: Hours and days of operation shall be limited to Monday through Friday from 7 a.m. to 7 p.m. There shall be no Saturday or Sunday operation of this use. (P) 6. Time Limitation: This conditional use approval shall be granted for a period not to exceed five (5) years from the date of approval. (P) 7. Fenced Outdoor Play Areas: Any outdoor play area and/or recreational equipment utilized by the family day-care home shall be located in the side or rear yard of the property. Outdoor play and/or recreational equipment areas shall have perimeter fencing of at least four feet in height, installed around the equipment or play area. Equipment for outdoor play areas shall be located no closer than fifteen (15) feet to the side or rear property lines. (P) 8. Employees: No employees shall be permitted to work on the premises other than family member employees that live on the premises. (P) CPC Minutes Draft 16 P a g e

17 G. 15SN0633: In Midlothian Magisterial District, Bon Secours Richmond Health Care Foundation requests amendment of conditional use planned development (Case 11SN0175) relative to signage and amendment of zoning district map in Residential (R-7) and Community Business (C-3) Districts on 6.7 acres fronting 200 feet on the east line of Old Bon Air Road, across from Huntersdell Lane. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Corporate Office use. Tax ID Mr. Jim Theobald, the applicant, accepted staff s recommendation. Mr. Gulley opened the floor for public comments. No one came forward to speak in favor of, or in opposition to, the request. There being no one to speak, Mr. Gulley closed the public hearing. On motion of Mr. Waller, seconded by Dr. Brown, the Commission resolved to recommend approval of Case 15SN0633 and acceptance of the following proffered condition: PROFFERED CONDITION The property owner and applicant in this rezoning case, pursuant to Section 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 (the Property ) 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 owner and applicant. In the event this request is denied or approved with conditions not agreed to by the owner and applicant, the proffer shall immediately be null and void and of no further force or effect. The Applicant hereby amends Proffered Condition 2 of Case 11SN0175 to read as follows: Signage. One (1) offsite directional sign for the purpose of identifying a Hospice use located on tax ID shall be permitted at the access to Old Bon Air Road. Such sign shall be limited to thirty-two (32) square feet in area and eight (8) feet in height. (P) (Staff Note: Except as amended herein, all previous conditions of zoning approved in Case 11SN0175 shall remain in full force and effect.) I. 15SN0635: In Matoaca Magisterial District, Gateway Homes Inc. requests conditional use to permit a group care facility plus amendment to conditional use (Case 96SN0163) relative to a buffer and amendment of zoning district map in an Agricultural (A) District on 30.4 acres located in the southeast corner of Reedy Branch and River Roads. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential Agricultural use (maximum of 0.5 dwellings per acre). Tax IDs and Ms. Kristen Keatley, the applicant s representative, accepted staff s recommendation CPC Minutes Draft 17 P a g e

18 Mr. Gulley opened the floor for public comments. No one came forward to speak in favor of, or in opposition to, the request. There being no one to speak, Mr. Gulley closed the public hearing. On motion of Dr. Wallin, seconded by Mr. Patton, the Commission resolved to recommend approval of Case 15SN0635 and acceptance of the following proffered conditions: PROFFERED CONDITIONS The Applicant in this case, pursuant to Section 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 known as Chesterfield County Tax Identification Number and ( the Property ) under consideration will be developed according to the following proffers if, and only if, the request submitted herewith is granted with only those conditions agreed to by the Applicant. In the event this request is denied or approved with conditions not agreed to by the owner and Applicant, the proffer shall immediately be null and void and of no further force or effect. 1. Permitted Use. An office, as accessory to a group care facility located on Tax ID , shall be permitted within the existing residential structure located on Tax ID No further additions or expansions to the existing structure shall be permitted to accommodate this office use. Residents of the group care facility shall be prohibited from residing in this structure. (P) The Applicant hereby deletes Condition 4 of Case 96SN0163 and proffers the following condition to apply to the Property: 2. Buffer. A fifty (50) foot buffer shall be maintained along portions of the western, southern and eastern property lines, as depicted in Attachment 2. This buffer shall also encompass a variable width area that contains the eastern portion of Tax ID This buffer shall conform to the requirements of the Zoning Ordinance for fifty (50) foot buffers. In addition, the buffer shall be subject to following limitations: a. Passive recreational uses shall be prohibited. b. Except for dead, diseased or dying trees and shrubs, existing vegetation shall be maintained. (P) (Staff Note: Except as amended herein, all previous conditions of Case 96SN0163 shall remain in full force and effect.) CPC Minutes Draft 18 P a g e

19 N. 15SN0641: In Matoaca Magisterial District, Chesterfield County Board of Supervisors proposes conditional use approval to permit a fire station and amendment of zoning district map in an Agricultural (A) District on 5.7 acres fronting 380 feet on the west line of Otterdale Road, 280 feet north of Woolridge Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential I use (maximum of 2.0 dwellings per acre). Tax ID Mr. Robert Clay presented an overview of the case and staff s recommendation of approval as the fire station addresses coverage gaps in the area and conditions minimize impacts on area development. Assistant Chief, James Fitch, the applicant s representative, accepted staff s recommendation. He presented an overview explaining how growth in the area necessitates the need for a fire house at that location. During the last five (5) years calls have increased. Fire and EMS has a response goal of seven (7) minutes to arrive at the call, currently the response time is only being met fourteen (14)% of the time. This new station would improve response time for over 17,000 residents, improve reliability in that part of the county and improve water delivery to fight fires in that area. This site provides an excellent location to realize improved response times. The site plan has been adjusted to address citizen concerns about noise and traffic and the fire house will do their very best to be good neighbors. Mr. Gulley opened the floor for public comments. Mr. Michael Tweedy, Mr. Douglas Atkins and Ms. Austin Hooper requested that the Commission reject the project as they feel the location is not the right one for the area. Mr. Tom Page, Mr. Bill Woodfin and Mr. John Hilliard voiced support for the location of the fire station, noting the service was much needed in the area. Assistant Chief Fitch rebutted that this site is the one best suited to deal with growth in the area and the County is working hard to address resident s concerns. The engineers and architects will take into consideration all of the objectives, providing ample screening of the fire station from the neighbors, and they will recommend a plan that works best to mitigate the noise. No one else came forward to speak in favor of, or in opposition to, the request. There being no one else to speak, Mr. Gulley closed the public hearing. Dr. Brown stated response times will improve in this area overall. The real estate negotiation site selection process does not favor public knowledge when the County is considering purchasing property. Once information gets out that the County wants the property for a school, library, fire station, etc. the price of the property increases, often times causing the loss of the site. Dr. Brown supports the case. Mr. Patton stated he lives near Station 1 and is proud when he sees them roll out and he supports the case. Mr. Waller stated if the staff report had included the site plan that would have been helpful. He will support the case CPC Minutes Draft 19 P a g e

20 CONDITIONS On motion of Dr. Wallin, seconded by Mr. Patton, the Commission resolved to recommend approval of Case 15SN0641 subject to the following conditions: 1. Development Standards. Except where the requirements of the underlying Agricultural zoning are more restrictive, the fire/rescue station shall comply with the Emerging Growth District standards of the Zoning Ordinance for the Corporate Office (O-2) District. (P) 2. External Sirens and Public Address Systems. There shall be no external building mounted sirens or public address systems. (P) 3. Building Location. The fire station building shall be located a minimum of 250 feet from the western property boundary adjacent to Tax ID (6801 Woolridge Rd-Moseley LP Property). (P) 4. Screening of Solid Waste Storage Areas, Fuel Pumps and Other Similar Uses. Solid waste storage areas, fuel pumps and other similar uses, regardless of their location on the site, shall be screened from view of adjacent property and public rights-of-way by a masonry wall which is constructed of comparable materials to, and designed to be compatible with, the fire station. (P) 5. Emergency Access. Access for emergency vehicles departing the fire station on emergency calls shall be limited to Otterdale Road, unless such access is temporarily unusable. (P) (NOTE: The applicant intends to acquire access to Woolridge Road across an adjacent property. On such occasions when the Otterdale Road access is unusable such as may occur with driveway maintenance, an obstruction, garage door malfunctions or similar events, the applicant intends to use Woolridge Road as a temporary alternative access). 6. Buffers, Landscaping and Tree Preservation: a. A fifty (50) foot buffer shall be provided along the northern property boundary adjacent to Tax ID (Hines Property). This buffer shall comply with the Zoning Ordinance requirements for fifty (50) foot buffers. b. A fifty (50) foot buffer shall be provided along the western property boundary adjacent to Tax ID (6801 Woolridge Rd-Moseley LP Property). This buffer shall comply with the Zoning Ordinance requirements for fifty (50) foot buffers. c. Landscaping shall be provided along the western side of the Woolridge Road access drive, extending from the southern property limits to the station s parking areas. The landscaping shall be designed to minimize the view of the building and all ancillary structures from residential development to the west. The exact treatment of this landscaping may include planting of trees/shrubs; a berm, fencing, or a combination as determined during site design. The exact treatment of CPC Minutes Draft 20 P a g e

21 this landscape area shall be approved by the Planning Department in conjunction with site plan approval. (P) d. A tree preservation area, exclusive of buffers and landscaping identified in Condition 6.a c, shall be provided west of the Woolridge Road access. Such area shall comply with the tree preservation requirements of the Zoning Ordinance and shall not preclude the removal of dead, diseased and/or dying vegetation or noxious weeds. The Planning Commission, at the time of site plan review, may modify this condition to permit accessory improvements in this area upon demonstration that such improvements result in minimal tree removal and that the visual impacts of such improvements on area residential development are mitigated. (P) 7. Architectural Treatment: The fire station building shall employ the following materials and architectural features or better: a. a combination of brick and split-faced block on all four sides of building; b. a covering over the main employee/public entrance; c. a standing seam, metal roof, and d. glass garage bay doors. (P) 8. Signage. Any freestanding identification or directional signage shall be of a monument design constructed of masonry complimentary to the fire station building, and designed to be compatible with identification signs for the neighboring Magnolia Green community. The exact treatment and design of the signage shall be approved by the Planning Department. (P) 9. Dedication. Within sixty (60) days from the date of a written request by the Transportation Department, Chesterfield County shall designate right-of-way and easements, as shown on the Woolridge Road and Otterdale Road construction plans, on the west side of Otterdale Road immediately adjacent to the property. (T) 10. Access. Direct vehicular access from the property to Otterdale Road shall be limited to one (1) entrance/exit, generally located towards the northern property line. The exact location of this access shall be approved by the Transportation Department. (T) 11. Road Improvements. Prior to issuance of an occupancy permit, additional pavement shall be constructed along Otterdale Road to provide left and/or right turn lanes, as determined by the Transportation Department. Chesterfield County shall designate, free and unrestricted, any additional right-of-way (or easements) required for these improvements. (T) CPC Minutes Draft 21 P a g e