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98SN0243.PDFOctober 28, 1998 BS REQUEST ANALYSIS AND RECOMMENDATION 98SN0243 (AMENDED) MSO, Inc. Midlothian Magisterial District East line of Courthouse Road and west line of Branchway Road REOUEST: Amendment to Conditional Use Planned Developments (Cases 83S188 and 87S009) to allow Community Business (C-3) uses. PROPOSED LAND USE: Portions of the property have been developed as a shopping center and bank. Continued and expanded use of the property for commercial uses is planned. In particular, the applicant has indicated a desire to operate a motor vehicle sales business on the request property, as restricted by the proffered condition, and adjacent property to the north zoned General Business (C-5). Motor vehicle sales is permitted as a restricted use in C-3 Districts, as discussed herein. However, with approval of this request, other Community Business (C-3) uses would be permitted. PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL OF REZONING TO COMMUNITY BUSINESS (C-3). (NOTE: SINCE THE COMMISSION'S CONSIDERATION OF THIS APPLICATION, THE REQUEST HAS BEEN AMENDED, AS REFLECTED HEREIN.) STAFF RECOMMENDATION Recommend approval for the following reasons: The proposed amendment, on the northernmost port~on of the request property, conforms to the Northern Area Land Use and Transportation Plan which suggests that the northernmost portion of the property is appropriate for general commercial uses. Although the Northern Area Land Use and Transportation Plan suggests the southernmost portion of the request property is appropriate for office use, area zoning and land uses to the north, south, east and west of the request property, in proximity to the Midlothian Turnpike/Courthouse Road intersection, are characterized by commercial uses along the Midlothian Turnpike corridor. The proposed amendment conforms to existing area commercial development patterns. Furthermore, since adoption of the Plml, International Drive has been built to connect Branchway and Courthouse Roads at a location across from Busy Street. This connection was not anticipated by the Plan. Existing office zoning and land uses, south of the request property and along Courthouse Road, provide a transition between commercial uses in the vicinity of the request property and residential development to the south along Courthouse Road. The proffered condition requires that the display area for any motor vehicle sales use he located along Branchway Road, rather than Courthouse Road. (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER MAY PROFFER OTHER CONDITIONS.) PROFFERED CONDITION (STAFF) Uses shall be restricted to those uses permitted in the Community Business (C~3) District provided, however, that the display area for any motor vehicle sales use shall be located to the east of Building C shown on the plan prepared by Richard Shank Associates, P. C. Architects, dated January 5, 1987. (STAFF NOTE: This proffered condition supersedes Conditions 2 and 3 of Case 83S188 and Conditions 2 and 3 of Case 87S009.) GENERAL INFORMATION Location: East line of Courthouse Road and west line of Branchway Road, north of International Drive. Tax ID 741-708-Part of 1820 (Sheets 7 and 8). 98SN0243/WP/OCT28H Existi~: 0-2 and C-3 with Conditional Use Planned Development Size: 4.3 acres Adjacent Zoning & Land Use: North - C-3 and C-5; Office and commercial South - A, C-3, and C-3 with Conditional Use Planned Development; Single family residential or vacant East - C-5, and I-1 with Conditional Use Planned Development; Commercial West - C-3, and C-5 with Conditional Use Planned Development; Conmaercial UTILITIES Public Water: There is an existing sixteen (16) inch water line extending along the south side of Midlothian Turnpike and along the west side of Branchway Road, adjacent to the request site. In addition, there is an existing eight (8) inch water line extending along the east side of North Courthouse Road and extending along the southern boundary of the request site. Use of the public water system is required by conditions of zoning. Public Wastewater: ']?here is an existing eight (8) inch wastewater collector in Courthouse Road, adjacent to portions of the request site. In addition, there is an existing eight (8) inch wastewater collector in Branchway Road, adjacent to portions of the request site. Portions of the existing on-site eight (8) inch wastewater collection system are privately maintained. Use of the public wastewater system is required by conditions of zoning. ENVIRONMENTAL Drainage and Erosion: No existing or anticipated on- or off-site drainage or erosion problems. 3 98SN0243/WP/OCT28H PUBLIC FACILITIES Fire Service: This propem., is currently served by the Midlothian Fire/Rescue Station, Company Number 5, and Forest View Rescue Squad. When the property is further developed, the number of hydrants and quantity of water needed for fire protection will be evaluated during the plans review process. Also, the need to designate fire lanes will be determined during the review of the aforementioned plans. Transportation: Traffic volumes generated by the land uses permitted by the requested rezoning should be similar to those generated by land uses currently permitted on the property. This request will have a mhfimal impact on the anticipated traffic generated by development/redevelopment of the property. The property fronts along Courthouse Road and Branchway Road. In this vicinity, both of these roadways have been improved to their anticipated ultimate typical section, Courthouse Road as a slx (6) lane divided facility and Branchway Road as a four (4) lane, undivided facility. At time of site plan review for additional development or redevelopment, specific recommendations will be provided regarding internal circulation. LAND USE Comprehensive Plan: Lies within the boundaries of the Northern Area Land Use and Transportation Plan which suggests that the northernmost portion of the request property is appropriate for general commercial use and that the southernmost portion of the request property is appropriate for office use. Area Development Trends: Development along this portion of Courthouse Road is characterized by commercial zoning and land uses in the vicinity of the Midlothian Turnpike/Courthouse Road intersection and by office uses and vacant land south of the request property. Specifically, property in the vicinity of International Drive which has been extended to connect Branchway and Courthouse Roads, south of the request property has recently been zoned commercially, 4 98SN0243/WP/OCT28H and the Target Center has recently been constructed as commercially and industrially zoned property east of the request property, along Branchway Road. Properties south of the request site, in the vicinity of the Courthouse Road/Southlake Boulevard intersection, are zoned and developed for office and light industrial uses. These properties provide a transition between commercial development in the vicinity of the request property and residential development further south, along Courthouse Road. It is anticipated that these development patterns will continue. Zoning History: On April 25, 1984, the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved rezoning from Agricultural (A) to Community Business (B-2) on a portion of the request property, plus Conditional Use Planned Development on the B-2 property and on adjacent property zoned Office Business (O), comprising in total the southern and western portions of the current request property and adjacent property to the south (Case 83S188). With the approval of Case 83S188, commercial uses were permitted on the entire property subject to that request. On March 25, 1987, the Board of Supervisors approved rezoning from Agricultural (A) to Community Business (B-2) and Office Business with Conditional Use Planned Development on the northernmost portion of the current request property, plus amendment to Case 83S 188 (Case 87S009). With the approval of Case 87S009, commercial uses were permitted on the entire request property. On February 22, 1989, the Board of Supervisors approved amendment to Case 87S009 to permit an automobile glass shop on a portion of the request property. (Case 89SN0105) Site Design: The request property lies within the Midlothian Turnpike Post Development Area. New construction must conform to the development standards of the Zoning Ordinance which address access, parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities, and screening of dumpsters and loading areas. Further, any new development must conform to existing conditions of zoning. As noted herein, portions of the property have been developed as a shopping center and a bank. The applicant has indicated a desire to sell motor vehicles, in addition to other C-3 uses. The applicant, in response to concerns expressed by the Planning Commission and area property owners, has agreed to limit the display area for motor vehicle sales to the area of the subject property located generally along Branchway Road (Proffered Condition). It 5 98SN0243/WP/OCT28H should be noted that the applicant also intends to display vehicles on the adjacent General Business (C-5) property to the north. Motor vehicles for sale, service, repair or rental cannot be parked or stored in parking spaces required to accommodate other retail space in the shopping center. It should also be noted that motor vehicle consignment lots are only permitted in C-5 Districts, subject to obtaining a Conditional Use. Architectural Treatment: Conditions of zoning address architectural treatment. Buffers & Screening: The Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters, garbage cans, trash compactors, etc.) be screened from view of adjacent property and public rights of way, and that such area within 1,000 feet of any 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 protfibited and from public rights of way. With the approval of this request, outside storage would be permitted as a restricted use. Outside storage areas must be screened from view of adjacent properties which have no such areas and public rights of way and are restricted to an area of ten (10) percent of the gross floor area of a principal use. CONCLUSIONS Although the Northern Area Land Use and Transportation Plan suggests the southernmost portion of the request property is appropriate for office use, area zoning and land uses in the vicinity of the request property, in proximity to the Midlothian Turnpike/Courthouse Road intersection, is characterized by commercial uses along the Midlothian Turnpike Corridor to the north, east and west of the request property transitiordng to office uses along the Courthouse Road Corridor, south of the request property in the vicinity of the Courthouse Road/Southlake Boulevard intersection. The proposed amendment conforms to existing area commercial development patterns, in the vicinity of the Midlothian Turnpike/Courthouse Road intersection. Specifically, at the time the Northern Area Plan was adopted, properties along Branchway Road were mostly characterized by single fanfily dwellings and the extension of International Drive was not anticipated. Since adoption of the Plan, the area surrounding the request property has experienced significant commercial development. Existing office zoning and land uses south of the request property and along Courthouse Road provide a transition between area commercial and residential development, along the Courthouse Road Corridor. The proffered condition further addresses the concerns relative to motor vehicle sales along Courthouse Road. 6 98SN0243/WP/OCT28H Given the considerations discussed herein, approval of this amended request is recommended. CASE HISTORY Planning Commission Meeting (6/16/98): The applicant accepted staff's reconunendation, but did not accept the planmng Commission's recommendation for denial of rezoning to Community Business (C-3). There was opposition present. Concern was expressed that a used car lot would detract from the area and could set a precedent for more intense commercial uses along Courthouse Road. Mr. Shewmake indicated that he had serious reservations regarding locating car sales within shopping centers and suggested that perhaps an Ordinance Amendment should be considered to preclude such a use in a shopping center. He also indicated that he did not feel motor vehicle sales use would be compatible with commercial and office uses along Courthouse Road. On motion of Mr. Shewmake, seconded by Mr. Gulley, the Commission recommended denial of rezoning to Community Business (C-3). AYES: Unanimous. Board of Supervisors' Meeting (7/29/98): The Board deferred this request to their August 26, 1998, public hearing to allow the applicant, area property owners and the Midlothian District Supervisor to meet and discuss concerns related to the proposed zoning. Applicant, Area Property Owners, Midlothian District Supervisor and Staff (8/11/98): A meeting was held to discuss concerns related to motor vehicle sales on the subject property. Concerns were expressed that motor vehicle sales along Courthouse Road would set a precedent for more intense land uses on other properties along Courthouse Road and that such use would be incompatible with the existing office uses along Courthouse Road. There was general agreement that the applicant would offer conditions to restrict the display of vehicles for sale to the area along Branchway Road and the adjacent General 7 98SN0243/WP/OCT28H Business (C-5) property to the north. There were also discussions relating to signage permitted under the current zoning and the proposed zoning. Staff (8/20/98): Staff continues to work with the applicant regarding conditions relating to motor vehicle sales and signage. Given the limited time available to resolve these issues prior to the Board meeting, staff recommends that the Board defer this case to their September public hearing. Applicant (9/4/98): The application was amended, as discussed herein. Board of Supervisors Meeting (9/23/98): The Board deferred this case to their October 28, 1998, to allow the applicant to discuss the proposal with a potential tenant. Staff (9/24/98): The applicant was advised in writing that any significant new or revised information should be submitted no later than October 5, 1998, for consideration at the Board's October public hearing. Staff (10/7/98): To date, no new i~ormation has been submitted. The Board of Supervisors, on Wednesday, October 28, 1998, beginning at 7:00 p.m., will take under consideration this request. 8 98SN0243/WP/OCT28H Z¢ CENTER 6'-2 198SN0243" ! AMEND C.U..PD. ~, /~ ~H. 7~ e . TURNPIKE ,'.':'~ ~. , t- O richard shank associates, p.c. architects Jan. 5, 1987 Cl05N02:43-1 98SN0243 (Amended) In Midlothian Magisterial District, MSO, INC. requested amendment to Conditional Use Planned Developments (Cases 83S188 and 87S009) to allow Community Business (C 3) uses and amendment of zoning district map. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial and office use. This request lies on 4.3 acres fronting approximately 420 feet on the east line of Courthouse Road, approximately 300 feet on Branchway Road and located approximately 100 feet north of International Drive. Tax ID 741 708 Part of 1820 10/28/98 98 801 (Sheets 7 and 8). Ms. Beverly Rogers presented a summary of Case 98SN0243 and stated that staff recommends approval and acceptance of a proffered condition. She noted that the request conforms to the Northern Area Land Use and Transportation Plan. Mr. Barber stated that the property owner has worked with area neighbors in an effort to address various leasing and zoning issues. Mr. Barber then made a motion, seconded by Mrs. Humphrey, for the Board to approve Case 98SN0243 and accept the proffered condition. Mrs. Humphrey recognized Mr. Paul Rubis, representing the applicant, who was present at the meeting, and expressed appreciation for his cooperation. Mr. Daniel expressed appreciation for the effort made towards addressing the issues regarding the proposed case. There was no opposition present. Mrs. Humphrey called for the vote on the motion made by Mr. Barber, seconded by her, for the Board to approve Case 98SN0243 and accepted the following proffered condition: Uses shall be restricted to those uses permitted in the Community Business (C 3) District provided, however, that the display area for any motor vehicle sales use shall be located to the east of Building C shown on the plan prepared by Richard Shank Associates, P. C. Architects, dated January 5, 1987. (STAFF NOTE: This proffered condition supersedes Conditions 2 and 3 of Case 83S188 and Conditions 2 and 3 of Case 87S009.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 10/28/98 98 802