98SN0281.PDF'~ ......... ~'" '""° CPC
November 24, 1998 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
98SN0281
Ernest L. Belvin
Midlothian Magisterial District
South line of Midlothian Turnpike
REOUEST: Rezoning from Agricultural (A) to Community Business (C-3).
PROPOSED LAND USE:
Commercial uses, except as restricted by Proffered Condition 1, are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
The proposed zoning and land uses do not conform to the Midlothian Area
Community_ Plan which suggests the property is appropriate for planned transition
area use. The Plan further states the area is appropriate for mixed use development
that contributes to an overall transition to a smaller scale, pedestrian-oriented
environment in Midlothian Village. Primary uses would include office, residential
(7 to 14 units per acre), personal services and community facilities.
The applicant has failed to adequately address the transportation concerns, as
outlined herein.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER 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
1. Use Restrictions. The following uses shall not he permitted.
g.
h.
i.
j.
k.
cocktail lounges and nightclubs as primary use;
second hand stores;
outside runs associated with veterinary hospitals and/or kennels;
material reclamation receiving centers;
taxidermies;
coin operated dry cleaning and/or laundry services;
residential multifamily and/or townhouse;
liquor store;
motor vehicle washes unless associated with automotive sales;
motorcycle sales, service and/or repair; or
theaters.
2. Public Utilities. The public waste water system shall be used.
Timbering Restriction. With the exception of timbering to remove dead or diseased
trees which has been approved by the Virginia State Department of Forestry, there
shall be no timbering until a land disturbance permit has been obtained from the
Environmental Engineering Department.
Severance. The unenforceability, 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.
5. Transportation.
Direct access to Route 60 shall be limited to one (1) entrance/exit, located
towards the eastern property line. The exact location of this access shall be
approved by the Transportation Department.
To provide an adequate roadway system, the developer shall be responsible
for the following:
i)
Construction of an additional lane of pavement (i.e., third tba'ough
lane) along the eastbound lanes of Route 60 for the entire property
frontage;
ii)
Construction of additional pavement along the eastbound lanes of
Rout 60 at the approved access to provide a separate right turn lane,
based on Transportation Department standards; and
98SN0281/WP/NOV24R
iii)
Dedication to Chesterfield County, free and unrestricted, any
additional right of way (or easements) required for the
improvements identified above.
Prior to any site plan approval, a phasing plan for the required road
improvements, as identified in Proffered Condition 5.b., shall be submitted
to and approved by the Transportation Department.
The developer's site plan shall be designed to permit access to properties
adjacent on the east and west. Such internal access may be accomplished
over drive aisles and around developer's improvements in a manner
satisfactory to the Transportation Department at the time of Site Plan
review.
Architectural Treatment. The overall quality and architectural style of development
on the Property shall be similar to that of The Shoppes at Railey Hill, Chesterfield
Meadows, Laburnum Park, Westpark and/or Village Market Place Shopping
Centers as determined at the time of Site Plan review.
GENERAL INFORMATION
Fronts the south line of Midlothian Turnpike, west of Murray Olds Drive. Tax ID 737-
707-2091 and 2699 (Sheet 7).
Existing Zoning:
A
Size:
2.0 acres
Vacant
Adjacent Zoning & Land Use:
North - C-3; Vacant
South - A; Vacant
3 98SN0281/WP/NOV24R
East - A; Vacant
West - C-3; Vacant
Public Water System:
UTILITIES
There is an existing sixteen (16) inch water line extending along the south side of
Midlothian Turnpike, adjacent to the request site. Use of the public water system is
required by County Code.
Public Wastewater System:
There is an existing twelve (12) inch wastewater trunk line extending along a tributary of
Falling Creek, approximately 650 feet southeast of the request site. Use of the public
wastewater system has been proffered. (Proffered Condition 2)
Drainage and Erosion:
ENVIRONMENTAL
The site drains to the west via swales and then through Stonehenge Golf Course to Falling
Creek. There are some downstream drainage concerns as to volume due to the inadequacy
of an area pond and culverts under Farnham Drive. There are no existing erosion
problems. However, undetained stormwater runoff from development of the property may
cause some minor problems. Unless drainage is diverted to Route 60, off-site easements
and improvements, to control runoff, may be necessary.
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 3). This will insure that proper erosion control measures
are in place prior to any timbering and related land disturbance.
Fire Service:
PUBLIC FACILITIES
This property is currently serv'ed by the Midlothian Fire/Rescue Station, Company Number
5 and Forest View Rescue Squad. 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 fire lanes will be determined during the review of the
aforementioned plans.
98SN0281/WP/NOV24R
Transportation:
This request will not limit development to a specific land use; therefore, it is difficult to
anticipate traffic generation. Based on fast food restaurant with drive through window trip
rates, development could generate approximately 2,980 average daily trips. These vehicles
will be distributed along Midlothian Turnpike (Route 60) which had a 1997 traffic count
of 32,965 vehicles per day.
Development must adhere to the Development Standards Manual in the Zoning Ordinance
relative to access and internal circulation (Division 5). Access to major arterials, such as
Route 60, should be controlled. The applicant has proffered that direct access to Route 60
will be limited to one (1) entrance/exit located towards the eastern property line.
(Proffered Condition 5.a.)
Mitigating road improvements must be provided to address the traffic impact of this
development. The applicant has proffered to: 1) construct an additional lane of pavement
along Route 60 for the entire property frontage; and 2) construct additional pavement
along Route 60 at the approved access to provide a separate right turn lane, based on
Transportation Department standards. (Proffered Condition 5.b.)
The applicant is unwilling to proffer that an access easement will be recorded across the
subject property to ensure shared use of the Route 60 access. The applicant has agreed to
design the site to accommodate access to the adjacent properties to the east and west; the
proffer, however, fails to address access to the south and to guarantee that the necessary
access easements will be recorded (Proffered Condition 5 .d.). The adjacent parcel to the
east has limited frontage (approximately 100 feet) along Route 60. If both the subject
property and that adjacent parcel have direct access to Route 60, the separation between
those accesses would be inadequate (less than 100 feet). Access separation along major
arterials, such as Route 60, should be approximately 500 feet. The parcel to the west of
the subject property was rezoned by the Board of Supervisors in April 1995
(Bonarco/Marchetti, Case 95SN0186). In conjunction with that rezoning, the Board
accepted a proffer that requires the developer of that property to share access to Route 60
by recording an access easement to the subject property. Interconnecting driveways
between developments allows travel between sites without necessitating travel along Route
60. The direct access to Route 60 from the subject property should be shared with adjacent
properties.
There are several additional Agricultural (A) parcels located to the south and east of the
subject property. Due to the vertical grade that limits sight distance along Route 60, access
along this section of the road should be planned. Furthermore, consideration should be
given as to the manner in which access would best accommodate the overall development
of this area.
5 98SN0281/WP/NOV24R
Without a conmfirment to provide an access easement across the subject property, staff
cannot support this request.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Midlothian Area Community Plan which suggests the
property is appropriate for planned transition area use. The Plan further states the area is
appropriate for mixed use development that contributes to an overall transition to a smaller
scale, pedestrian-oriented environment in Midlothian Village. Primary uses would include
office, residential (7 to 14 units per acre), personal services and community facilities.
Area Development Trends:
Area properties are zoned Agricultural (A) or Community Business (C-3) and are curremly
vacant. Specifically, adjacent properties to the north and west have been zoned to permit
commercial uses, but remain vacant.
The adjacent property to the west was approved for rezoning by the Board of Supervisors
in 1995 (Case 95SN0186). At the time this adjacent property was rezoned, the Plan
suggested the property was appropriate for planned transition area use, just as it suggests
for the subject property today. Following the Board of Supervisors' public hearing, the
Board felt that, given the neighborhood support, conditions and proffered conditions, the
commercial proposal on the adjacent property to the west was generally in compliance with
the Plan. Subsequently, Case 95SN0186 was approved. With the approval, proffers were
accepted which addressed, among other things, use restrictions and development standards.
_S_ite Design:
The request property lies within an Emerging Growth Area. Redevelopment of the site or
new construction must conform to the requirements of the Zoning Ordinance which address
access, parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities, and
screening of dumpsters and loading areas. There are several other Agricultural (A) parcels
located to the south and east of the subject property. These parcels are also designated on
the Plan for transitional use. If the subject parcel is rezoned lbr commercial development,
it could be anticipated that some of the adjacent property would also be zoned to permit
such uses even though contrary to the Plan. If commercial development is to occur, to
insure that the area does not develop in a strip commercial pattern similar to that which has
occurred on Route 60, east of the area, some consideration should be given to a
coordinated development plan for the area which would also address transitional issues to
the south toward Stonehenge Subdivision.
98SN0281/WP/NOV24R
Uses:
The applicant has restricted the uses that would be permitted (Proffered Condition 1). At
the time the adjacent C-3 tract was zoned, proffers were accepted, prohibiting the
following uses:
D.
E.
F.
G.
H.
J.
K.
L.
M.
N.
O.
Funeral homes or mortuaries;
Occult Sciences such as palm readers, astrologers, fortune tellers, tea leaf
readers, prophets, etc.;
Automobile and motorcycle sales, services and/or repairs;
Taxidermies;
Veterinary hospitals and/or commercial kennels;
Material reclamation receiving centers;
Cocktail lounges and nightclubs;
Hotels;
Coin operated dry cleaning, pressing, laundry and Laundromats;
Warehouses;
Pawn shops;
Theaters;
Residential multifamily and townhouses;
Outside public address systems except those associated with financial
institutions and/or drive-in restaurants.
Architectural Treatment:
Within Emerging Growth Areas, no building exterior which would be visible to any A or
R-TH district or any public right of way may consist 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, residential, townhouse residential, multi-
family residential or office district or any public right of way. No building exterior may
be constructed of unpainted concrete block or corrugated and/or sheet metal.
The views of junction and accessory boxes which may be visible from beyond the project
must be minimized from view of adjacent property and public rights-of-way by landscaping
or architectural treatment integrated with the building served.
Mechanical equipment, whether ground-level or rooftop, must be screened from adjacent
properties and public rights-of-way and designed to be perceived as an integral part of the
building.
7 98SN0281/WP/NOV24R
At the time the adjacent C-3 property to the west was zoned, a proffer was accepted
requiring that the overall quality of the development be similar to that of Chesterfield
Meadows, Laburnum Park, Westpark and/or Village Market Place Shopping Centers. The
applicant has proffered a similar condition (Proffered Condition 6). The condition,
however, fails to insure compatibility with the adjacent development, depending upon the
ultimate design of that project.
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 agricultural property by
a solid fence, wall, dense evergreen plantings or architectural feature, and that such area
within 1,000 feet of any A or R-TH districts not be serviced between the hours of 9:00
p.m. and 6:00 a.m. In addition, such areas must be prominently posted with a sign not to
exceed six (6) square feet designating the hours in which the solid waste storage area may
be serviced.
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 from public rights of way.
The proposed zoning and land uses do not conform to the Midlothian Area Community Plan which
suggests the property is appropriate for planned transition area use. The Plan further states the
area is appropriate for mLxed use development that contributes to an overall transition to a smaller
scale, pedestrian-oriented environment in Midlothian Village. Primary, uses would include office,
residential (7 to 14 units per acre), personal services and community facilities. In addition, the
applicant has also failed to adequately address the transportation concerns, as outlined herein.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (8/18/98):
At the request of the applicant, the Commission deferred this case to October 20, 1998.
98SN0281/WP/NOV24R
Staff (8/19/98):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than August 25, 1998, for consideration at the Commission's October
20, 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 (8/28/98):
The applicant paid the $150.00 deferral fee.
Staff (9/23/98):
To date, no new information has been received.
Applicant (10/15/98):
Revised and additional proffered conditions were submitted.
Planning Commission Meeting (10/20/98):
The applicant did not accept the recommendation. There was opposition present.
Concerns were expressed that the applicant does not have a specific intended use; that the
possibility of motor vehicle sales, service and repair had not been eliminated; and that the
architectural and landscape requirements are inadequate.
Mr. Shewmake indicated that he, too, was concerned about the possibility of motor vehicle
sales and noted that the adjacent project to the west (Bonarco/Marchetti) had agreed to
eliminate the possibility of such uses in that project. He indicated that the proffers also fail
to insure architectural compatibility with the Bonarco/Marchetti project and to address
access issues to surrounding properties. He indicated that the request site is a sensitive one
with respect to future development of the Agricultural (A) parcels in the area. He
suggested that a plan and zoning proposal should be brought forward for the subject
property and surrounding Agricultural (A) parcels.
On motion of Mr. Shewmake, seconded by Mr. Gulley, the Commission reconwnended
denial of this request.
AYES: Unanimous.
9 98SN0281/WP/NOV24R
The Board of Supervisors, on Tuesday, November 24, 1998, beginning at 7:00 p.m., will take
under consideration this request.
10
98SN0281/WP/NOV24R
A
0-2
-- OLD_E COACH
,/
STONEHENGE
November 24, 1998 BS
ADDENDUM
98SN0281
Ernest L. Belvin
Midlothian Magisterial District
South line of Midlothian Turnpike
REOUEST: Rezoning from Agricultural (A) to Conununity Business (C-3).
On November 24, 1998, the applicam submitted revised and additional proffered conditions.
Proffered Condition 1 was amended to prohibit motor vehicle sales and/or rental. Proffered
Condition 5.a. was amended to address Transportation Department concerns relative to provision
of access easements to adjacent properties to the east and west. This amendment is acceptable to
the Transportation Department.
Proffered Condition 6 was amended to delete references to Laburnum Park and Wesrpark
Shopping Center relative to overall quality and architectural style. The amendment continues to
fail to insure compatibility with future development on the adjacent C-3 property to the west
(Bonarco/Marchetti).
An additional proffered condition, Proffered Condition 7, has been submitted to address the type
of landscaping to be installed within the setback along Midlothian Turnpike.
Since the amended and additional proffered conditions were not submitted in accordance with the
Board's procedures, suspension of the rules would be necessary, should the Board wish to consider
the revisions and additions.
Staff continues to reconm~end denial of this request because the proposed zoning and land uses
fail to conform to the Midlothian Area Communi~~ Plan which suggests the property is appropriate
for primarily office, residential, personal services and community facilities uses.
PROFFERED CONDITIONS:
1. Use Restrictions. The following uses shall not be permitted:
cocktail lounges and nightclubs as a primary use;
second hand stores;
outside rum associated with veterinary hospitals and/or kennels;
material reclamation receiving centers;
taxidermies;
coin operated dry cleaning and/or laundry services;
residential multifamily and/or townhouse;
liquor store;
motor vehicle washes unless associated with automotive sales;
motorcycle sales, service and/or repair;
theaters; or
motor vehicle sales and/or rental.
Transportation.
Direct access to Route 60 shall be limited to one (1) entrance/exit, located
towards the eastern property line. The exact location of this access shall
be approved by the Transportation Department. Prior to any site plan
approval, an access easement, acceptable to the Transportation Department,
shall be recorded across the Property to ensure shared use of this access
with adjacent properties to the east and west. Such internal access may be
accomplished over drive aisles and around developer's structures in a
manner satisfactory to the Transportation Department at the time of Site
Plan review.
Architectural Treatment. The overall quality and architectural style of development on the
Property shall be similar to that of The Shoppes at Railey Hill, Chesterfield Meadows,
and/or Village Market Place Shopping Centers as determined at the time of Site Plan
review.
Enhanced Landscanin~. Perimeter landscaping C (option 1) shall be required as a
minimum standard for perimeter landscaping within the setback from Midlothian Turnpike.
2
98SN0281/WP/NOV24RR
98SN0281
In Midlothian Magisterial District, EP/gEST L. BELVIN
requested rezoning and amendment of zoning district map from
Agricultural (A) to Community Business (C 3). The density
of such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for planned transition area use.
This request lies on 2.0 acres fronting approximately 200
feet on the south line of Midlothian Turnpike,
approximately 1,600 feet west of Murray Olds Drive. Tax ID
737 707 2091 and 2699 (Sheet 7).
Mr. Poole stated that the applicant has submitted revised
proffered conditions and that if the Board wishes to
11/24/98
98 885
consider the request it would need to suspend its rules at
this time to consider the revised proffered conditions.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the
Board suspended its rules at this time to consider the
revised proffered conditions.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
Mr. Poole presented an overview of Case 98SN0281 and stated
that Planning Commission recommends denial because of
concerns relative to motor vehicle sales, architectural
compatibility, access and that the zoning does not comply
with the Midlothian Area Community Plan. He further stated
that the revised proffered conditions now prohibit motor
vehicle sales, service and rental; address transportation
concerns relative to shared access; requires specific
landscaping within the setback along Route 60; and further
addresses architectural style. He stated that staff feels
the revised proffered conditions have not addressed the
Planning Commission's concern relative to architectural
compatibility of the proposed development.
There was brief discussion relative to the adjoining
property belonging to Bonarco/Marchetti.
Mr. Jim Theobold, representing the applicant, stated that
the revised proffers require a design similar to area
buildings and that thirteen uses have been eliminated. He
further stated that proffers have been provided to guarantee
transportation improvements and shared access. He stated
that the land use plan for the subject parcel suggests that
it is in a planned transition area and referenced the
Bonarco/Marchetti case approved several years ago by the
Board. He further stated that the applicant and area
residents have continued to address issues regarding this
request and that he feels the request meets the criteria for
approval and is consistent with surrounding area land uses.
He requested that the Board approve the proposed request.
There was no opposition present.
Mr. Barber stated that he feels transportation issues have
been resolved and that the applicant has addressed
architectural design issues. He stated that he has spoken
with Mr. Peppy Jones, member of the Midlothian Village
Coalition, who voiced his support of the proposed request
and that he has received written information from Mr. John
Kramer, President of the Walton Park Civic Association,
also supporting the proposed request. He further stated
that he feels the applicant has addressed the concerns of
surrounding neighbors and the Midlothian Village Coalition.
Mr. Barber then made a motion, seconded by Mr. Warren, for
the Board to approve Case 98SN0281.
Mrs. Humphrey expressed appreciation to the applicant for
his patience during the zoning process.
11/24/98
98 886
Mrs. Humphrey then called for the vote on the motion, made
by Mr. Barber, seconded by Mr. Warren, for the Board to
approve Case 98SN0281
conditions:
1 Use Restrictions.
permitted:
a. cocktail lounges
use;
b. second hand stores;
and accept the following proffered
The following uses shall not be
and nightclubs as a primary
c. outside runs associated with veterinary
hospitals and/or kennels;
d. material reclamation receiving centers;
e. taxidermies;
f. coin operated dry cleaning and/or laundry
g. residential multlfamily and/or townhouse;
h. liquor store;
i. motor vehicle washes unless associated with
automotive sales;
j. motorcycle sales, service and/or repair;
k. theaters; or
1. motor vehicle sales and/or rental.
2
Public Utilities. The public waste water system shall
be used.
Tin~berinq Restriction. With the exception of
timbering to remove dead or diseased trees which has
been approved by the Virginia State Department of
Forestry, there shall be no timbering until a land
disturbance permit has been obtained from the
Environmental Engineering Department.
Severance. The unenforceability, 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.
Trans~ortatlon.
a. Direct access to Route 60 shall be limited to
one (1) entrance/exit, located towards the
eastern property line. The exact location of
this access shall be approved by the
11/24/98
98 887
Transportation Department. Prior to any site
plan approval, an access easement, acceptable
to the Transportation Department, shall be
recorded across the Property to ensure shared
use of this access with adjacent properties
to the east and west. Such internal access
may be accomplished over drive aisles and
around developer's structures in a manner
satisfactory to the Transportation Department
at the time of Site Plan review.
To provide an adequate roadway system, the
developer shall be responsible for the
following:
i) Construction of an additional lane of
pavement (i.e., third through lane)
along the eastbound lanes of Route 60
for the entire property frontage;
ii) Construction of additional pavement
along the eastbound lanes of Rout 60 at
the approved access to provide a
separate right turn lane, based on
Transportation Department standards; and
iii) Dedication to Chesterfield County,
free and unrestricted, any
additional right of way (or
easements) required for the
improvements identified above.
Prior to any site plan approval, a phasing
plan for the required road improvements, as
identified in Proffered Condition 5.b., shall
be submitted to and approved by the
Transportation Department.
d. The developer's site plan shall be designed
to permit access to properties adjacent on
the east and west. Such internal access may
be accomplished over drive aisles and around
developer's improvements in a manner
satisfactory to the Transportation Department
at the time of Site Plan review.
Architectural Treatment. The overall quality and
architectural style of development on the Property
shall be similar to that of The Shoppes at Railey
Hill, Chesterfield Meadows, and/or Village Market
Place Shopping Centers as determined at the time of
Site Plan review.
Enhanced Landscaein~. Perimeter landscaping C (option
1) shall be required as a minimum standard for
perimeter landscaping within the setback from
Midlothian Turnpike.
Humphrey, Warren, Barber, Daniel, and McHale.
11/24/98
98 888
Nays: None.
11/24/98
98 889