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08SN0194~~F~EI,p `:, ~~ti --~ ca~~a~, v ~,.e;,, ~~ ; ~ ~~ 1, r.:~iry f ;~I f 1! ~~` S~/~ .:..R~s~.... STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 08SN0194 R. Shane Parr Midlothian Magisterial District North line of Midlothian Turnpike July 30, 2008 BS RE VEST: Amendment to Conditional Use Planned Development (Case 89SN0175) to delete landscaping requirements. PROPOSED LAND USE: Commercial uses (Steinmart Festival Shopping Center) have been developed on the property. The applicant proposes to delete landscaping requirements approved with Case 89SN0175 (Conditions 5 and 10 and Item 3 of the Textual Statement titled "Proffers To Land Use Amendment Application", dated January 17, 1989) and have the landscaping standards of the current Zoning Ordinance apply. PLANNING COMMISSION RECOMMENDATION Recommend approval. STAFF RECOMMENDATION Recommend approval for the following reason: The proposed landscaping conforms to Ordinance requirements. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) Providing a FIRST CHOICE community through excellence in public service GENERAL INFORMATION T .nrati nn North line of Midlothian Turnpike, east of Robious Road. Tax ID 751-708-4745. Existing Zoning: C-3 w/CUPD Size: 16.7 acres Existing Land Use: Commercial Adjacent Zoning and Land Use: North - A and A with Conditional Use Planned Development; Radio tower or vacant South - C-5 with Conditional Use Planned Development; Commercial East - A; Church West - MH-1 and C-3 with Conditional Use Planned Development; Mobile home park and commercial UTILITIES; ENVIRONMENTAL AND PUBLIC FACILITIES This request will have no impact on these facilities. T A I~TTI T TCF Comprehensive Plan: Lies within the boundaries of the Northern Area Plan which suggests the property is appropriate for general commercial use. Area Development Trends: The area is characterized by commercial uses along this portion of the Midlothian Turnpike corridor. In addition, church and mobile home park uses are located on adjacent properties to the east and west. Commercial uses are expected to continue along the corridor, as suggested by the Plan. 2 08SN0194 JUL30-BOS-RPT Zonin H.~X: On April 26,1989, the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved a rezoning which allowed the development of the Steinmart Festival Shopping Center on the subject property (Case 89SN0175). Among other things, conditions of zoning for Case 89SN0175 addressed landscaping for the development. At the time of the zoning, the Ordinance did not address landscaping standards along roads or within a site. Therefore conditions were written to address landscaping requirements. Lan scapm~: With the approval of Case 89SN0175 site landscaping, to include landscaping within the setback along Midlothian Turnpike was required to comply with Corridor Overlay District standards and be compatible with Pocono Crossing Shopping Center. Within the setback along Midlothian Turnpike, the applicant provided vegetation and a berm so as to comply with the conditions of zoning. Without proper authorization, the vegetation and berm were recently removed resulting in a violation of the conditions of zoning. The applicant has been cited for this violation. The court case has been continued pending the outcome of this requested amendment. The applicant seeks to correct this violation by deleting the landscaping requirements previously imposed. With deletion of these requirements, standards of the Zoning Ordinance for Post Development Areas would apply to the request site. CONCLUSION Deletion of these conditions would allow landscaping to conform to current Zoning Ordinance standards. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (4/15/08): The applicant accepted the recommendation. There was no opposition present. Mr. Waller indicated it was unfortunate this case had gotten to this point due to a code violation. He noted staff has worked with the applicant to arrive at an equitable solution. Dr. Brown commended staff on their efforts to seek correction to the violation. 3 08SN0194 JUL30-BOS-RPT On motion of Mr. Waller, seconded by Dr. Brown, the Commission recommended approval of this request. AYES: Messrs. Gulley, Bass, Brown, Hassen and Waller. Board of Supervisor's Meeting (5/28/08): On their own motion, the Board deferred this case to their July 30, 2008 public hearing to allow further discussions as to the specific cause of events which led to amending these conditions. Staff (5/29/08): The applicant was advised in writing that any significant new or revised information should be submitted no later than June 2, 2008, for consideration at the Board's July 30, 2008 public hearing. Staff (6/19/08): To date, no new information has been received. The Board of Supervisors, on Wednesday, July 30, 2008, beginning at 6:30 p.m., will take under consideration this request. 4 08SN0194 JUL30-BOS-RPT ~~_ L U (~ ~ ~ (6 +~ cn }' '~ ~ U ~ ~ •V ~ Q N ~ O ~ `'~ •N a ~, Z J N '`~ ~-' `1 .~ ~~~ ~~ 1~~