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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
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