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99SN0224.pdfMay 25, 1999 BS ADDENDUM 99SN0224 C & G Associates Midlothian Magisterial District South line of Midlothian Turnpike REOUEST: Rezoning from Agricultural (A) and Residemial (R-7) to Corporate Office (O-2) and Neighborhood Business (C-2) plus proffered conditions on an existing zoned Community Business (C-3) tract. (Note: The "Request Analysis" fails to note that a Conditional Use Planned Development is requested on the entire property.) On May 24, 1999, in response to neighborhood concerns, the applicant submitted revised and additional proffers relative to permitted uses. Proffered Condition 22 prohibits certain uses in the C-2 and C-3 tracts and Proffered Condition 23 permits satellite dishes if certain conditions are met. Proffered Condition 6 has been amended to reference Proffered Conditions 22 and 23. Staff continues to recommend approval of this request subject to the condition and acceptance of the proffered conditions contained in "StafFs Request Analysis and Recommendation" and as amended herein. TItESE PROFFERS WERE NOT SUBMITTED IN ACCORDANCE WITH TIt2E BOARD'S PROCEDURES. TIt~REFORE, SHOULD THE BOARD WISH TO CONSIDER THE PROFFERS, IT }VILL BE NECESSARY TO SUSPEND THE RULES. Providing a FIRST CHOICE Communit3' Through Excellence in Public Service. PROFFERED CONDITIONS The uses permitted on the C-3 tract shall be limited to those use permitted by right and with restrictions in the C-2 District, except as restricted by Proffered Conditions 22 and 23, plus the following uses: Cocktail lounges provided that they are accessory to a restaurant. Motor vehicle washes provided that they are accessory to a permitted or restricted use. Recreational establishments, commercial indoor. Restaurants, to include carry out and fast food provided however that fast food restaurants shall not be permitted in Tracts 2 and 4B. 22. The following uses shall be prohibited in the C-2 and C-3 tracts: Coin-operated dry cleaning, laundry or laundromats. Rental of party equipment: small home hardware; tools: and equipment. 23. Satellite dishes shall only be permitted if the following conditions are met: The dish shall be accessory to a permitted principal use. The diameter of the dish shall not exceed twelve (12) feet; and The dish shall be screened from view of adjacent properties and public rights of way. The exact method of screening shall be approved by the Planning Department at the time of site plan review. ~ 2 !~ ! 99SNO224/WP/MAY25JJ May 25, 1999 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 99SN0224 C & G Associates Midlothian Magisterial District South line of Midlothian Turnpike REQUEST: Rezoning from Agricultural (A) and Residential (R-7) to Corporate Office (0-2) and Neighborhood Business (C-2) plus proffered conditions on an existing zoned Community Business (C-3) tract. PROPOSED LAND USE: Commercial and office uses are planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 6. STAFF RECOMMENDATION Recommend approval for the following reasons: A. The proposal with the Textual Statement and proffered conditions conforms to the Midlothian Area Community Plan which suggests that the area along Midlothian Turnpike, west of Wakon Park Road is appropriate for a concentration of retail/service activities (Village Shopping District) and the area off of Midlothian Providing a FIRST CHOICE CommunRy Through Excellence in Public Service. Turnpike, on the east and west sides of Wakon Park Road, is appropriate for office or other transitional type uses (Village Fringe Area). The proposal conforms to area development trends and provides a transkion between the Midlothian Turnpike Commercial Corridor to the north and the residential neighborhood to the south. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER 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.) CONDITION (STAFF/CPC) The Textual Statement dated April 8, 1999, shall be considered the Master Plan. (P) PROFFERED CONDITIONS (STAFF/CPC) 1. The public water and wastewater systems shall be used. (STAFF/CPC) 2. With the exception of timber'mg which has been approved by the Virginia State Depar1~nent of Forestry for the purpose of removing dead and diseased trees, there shall be no timber'mg until a land disturbance permit has been obtained from Environmental Engineer'mg and the approved measures installed. (STAFF/CPC) 3. A geotechnical report prepared by a consultant who has had previous mining/geotechnical experience in reclamation of mine shafts, shall be submitted to the Environmental Engineer'mg Depamnent in conjunction with any site plan submission. Upon review by Environmental Engineer'mg, or their designee, the report may either be accepted or revisions requested and, if revisions are requested, resubmitted in the same manner for review and acceptance by Environmental Engineer'mg, or their designee. The report shall include, but not be limited to, the following: The location and analysis to include, but not be limited to, type (e.g., mine entrance shaft, air vents, unsuccessful exploratory pits, etc.), size, and depth of any mining pits or tailing heaps; 2 99SN0224/WP/MAY25J (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) Fill-in/reclamation procedures; setbacks between the perimeter of any shaft; and any other safety measures intended to protect the health, safety and welfare of people and structures; The impact of any horizontal shafts on construction and future health, safety and welfare issues; The location and number of soil bor'mgs and depth necessary to conf'mn that the building site is not impacted by any horizontal shafts; and The allowable building envelopes and location based on the geotechnical recommendations. Development shall comply with the recommendations of the accepted report. All former mining activity shall be filled in/reclaimed under the direction of a consultant who has had previous mining/geotechnical experience in reclamation of mine shafts. All reclamation shall be observed by the geotechnical expert and shall be certified as to compliance with the recommendations established in the accepted report. Prior to the release of any building permit, a copy of the certification shall be submitted to Environmental Engineer'mg. At the time of site plan review and approval, conditions may be imposed to address any identified impacts outlined in the report referenced in Proffered Condition 3. Any found mining pits or tailing heaps and the allowable building envelopes as established by the report outlined in Proffered Condition 3 shall be shown on the site plan. The site plan shall include a statement that the only pits found on the site are those shown on the site plan. For those sites where there is no found mining pits or tailing heaps, the report outlined in Proffered Condition 3 shall conf'mn that such information is not necessary. The uses permitted on the C-3 tract shall be limited to those use permitted by right and with restrictions in the C-2 District plus the following uses: Cocktail lounges provided that they are accessory to a restaurant. Motor vehicle washes provided that they are accessory to a permitted or restricted use. Recreational establishments, commercial indoor. 3 99SN0224/WP/MAY25J (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 10. 11. 12. 13. Restaurants, to include carry out and fast food provided however that fast food restaurants shall not be permitted in Tracts 2 and 4B. Any above-ground facilities required for water quantity or quality control located within any required setbacks along public right-of-way shall be designed as wet ponds and shall be landscaped or otherwise improved so that the facilities become visual enhancements to, and amenities for, uses developed on the property. At the time of site plan review, a plan depicting these requirements shall be submitted to the Planning Depamnent for review and approval. The developer shall be responsible for notifying by registered, certified or first class mail, the last known representative on file with the Planning Depamnent of the Wakon Park Homeowners Association of the submission of any site plan. Such notification shall occur as soon as practical, but in no event less than twenty-one (21) days prior to approval or disapproval of the plan. The developer shall provide a copy of the notification letter(s) to the Planning Depamnent. Provided the monthly electric service is paid through the street light program, the developer shall be responsible for installation of decorative street lighting similar in design to the light fixture specified in The Midlothian Village Technical Manual shall be provided along all public roads adjacent to the site. Spacing shall be approximately seventy-five (75) feet on center. All on-site freestanding street light fixtures shall be compatible with the aforementioned street lights. Type 11 landscaping as referenced in The Midlothian Village Technical Manual shall be provided along North Woolridge Road. Internal sidewalks shall be extended through sites to facilitate pedestrian movements from buildings and parking areas to the sidewalks along public rights of way. The exact location and design of the sidewalks shall be reviewed and approved at the time of site plan review. The architectural style, materials and colors of buildings shall be compatible with that which exists in the development located on 732- 707-5241 and 7346 (Walgreens and Amoco). The uses permitted at the northeast quadrant of the intersection of North Woolridge Road and Walton Park Road Relocated (the southern part of Tract 3B, as shown on "The Zoning Map"), shall be limited to child care centers. 4 99SN0224/WP/MAY25J (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 14. 15. 16. 17. Direct access from the property to Route 60 shall be limited to one (1) entrance/exk, located at the western property line. The exact location of this access shall be approved by the Transportation Deparm~ent. Prior to any site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded across the property to provide shared use of this access with adjacent parcels to the west. Direct access from the property to North Woolridge Road shall be limked to two (2) entrances/exits; one (1) on each side of North Woolridge Road. These accesses shall be located as generally shown on the plan prepared by Balzer & Associates, Inc., titled "Zoning Plan", dated April 8, 1999. The exact location of these accesses shall be approved by the Transportation Deparm~ent. Prior to any site plan approval, access easements, acceptable to the Transportation Department, shall be recorded across the property to provide shared use of these accesses with adjacent parcels. No direct access shall be provided from the property to Walton Park Road Relocated. To provide an adequate roadway system, the developer shall be responsible for the following: Construction of addkional pavement along the eastbound lanes of Route 60 at the approved access to provide a right turn lane based on Transportation Deparunent standards; Construction of additional pavement along North Woolridge Road at each approved access to provide right turn lane(s) based on Transportation Department standards; Construction of a sidewalk along the south side of Route 60 for the entire property frontage; Construction of a sidewalk along the north side of Walton Park Road Relocated for the entire property frontage; Construction of a sidewalk along the west side of Wakon Park Road for the entire property frontage; Relocation of the ditch to provide an adequate shoulder or construction of curb and gutter along the east and west sides of Walton Park Road for the entire property frontage; and 5 99SN0224/WP/MAY25J Dedication to Chesterfield County, free and tmrestricted, any additional right of way (or easements) required for the improvements identified above. (STAFF/CPC) 18. Prior to any site plan approval, a phasing plan for the required road improvements as identified in Proffered Condition 17, shall be submitted to, and approved by, the Transportation Depamnent. (STAFF/CPC) 19. Prior to any site plan approval for property located on the east side of North Woolridge Road, thirty (30) feet of right of way for Walton Park Road, measured from the centerline of that part of Walton Park Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (STAFF/CPC) 20. With the exception of those uses permitted by right or with restrictions in the Corporate Office (0-2) District, no use to include a child care center shall be open to the public between 12 midnight and 6:00 a.m. (STAFF/CPC) 21. In tracts 2 and 4B, no use shall be permitted which has on-site consumption of alcoholic beverages. GENERAL INFORMATION Location: South line of Midlothian Turnpike and east and west lines of Walton Park Drive. Tax ID 732-707-1108, 1234, 3222 and 4701 (Sheet 7). Existing Zoning: A, R-7 and C-3 Size: 8.0 acres Existing Land Use: Commercial or Vacant Adjacent Zoning & Land Use: North - C-3 with Conditional Use Planned Development; Commercial South - R-9 with Conditional Use Planned Development; Vacant 6 99SN0224/WP/MAY25J East - 0-2 with Conditional Use Planned Development, A and C-3; Commercial or Vacant West - C-3 and R-7 with Conditional Use; Commercial or Vacant UTILITIES Public Water System: There is an existing sLxteen (16) inch water line extending along the south side of Midlothian Turnpike and adjacent to portions of the request site. In addition, there is an existing eight (8) inch water line serving the existing "Shops at Railey Hill", approximately 300 feet east of the request site. Use of the public water system is intended and has been proffered by the applicant (Proffered Condition 1). In conjunction with the development of this site, it is anticipated that an appropriately sized water line will be extended along North Woolridge Road, adjacent to Railey Hill West. Preliminary investigations of the water pressure in this area indicate that the engineer needs to further evaluate whether individual booster pump(s) am needed to provide the desired level of water pressure to meet the domestic and fire suppression needs of the development. Public Wastewater System: There is an existing eight (8) inch wastewater collector extending across the existing "Shops at Railey Hill" and terminating adjacent to the east side of Walton Park Road. This existing eight (8) inch wastewater collector is adjacent to the request site. Use of the public wastewater system is intended and has been proffered by the applicant. (Proffered Condition l) ENVIRONMENTAL Drainage and Erosion: The majority of the property will drain south to a proposed lake in The Grove development and then via tributaries to Falling Creek. There is some very minor erosion on the property, but site development will address this problem. Drainage and/or erosion problems are not anticipated based on the proposed use. At this time, the necessity to obtain off-site drainage easements is not known. To insure that proper erosion control measures are in place prior to timber'mg, the applicant has agreed that there will be no timber'mg until a land disturbance permk has been obtained. (Proffered Condition 2) Mine Shafts: 7 99SN0224/WP/MAY25J Mining activity occurred in the Midlothian area in the past. The applicant has agreed to perform geotechnical studies to determine if shafts exist on the subject property and if so, what measures should be taken to insure the protection of health, safety and welfare. (Proffered Conditions 3, 4, and 5) PUBLIC FACILITIES Fire Service: This property is currently served 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 to designate fire lanes will be determined during the review of the aforementioned plans. Transportation: This request will not limit development to a specific land use; therefore, it is difficult to anticipate traffic generation. The applicant prepared a schematic plan for the property which ktentifies one (1) development scenario. The proposed land uses indicated on that schematic plan included day care, general office, bank, and convenience market with gasoline sales combined with a fast food restaurant. Based on typical trip generation rates for these land uses, development could generate approximately 6,730 average daily trips. These vehicles w'dl be distributed along Midlothian Turnpike (Route 60) which had a 1997 traffic count of 44,581 vehicles per day. The Six-Year Secondary Road Improvement Plan includes construction of a new four lane divided facility (North Woolridge Road) from Route 60 at its intersection with Old Buckingham Road, to Coalfield Road. Included in this project is a realignment of Walton Park Road (Walton Park Road Relocated, south of Route 60). North Woolridge Road bisects the subject property. This project is currently under construction and is scheduled to be completed by September, 1999. Development must adhere to the Development Standards Manual in the Zoning Ordinance, relative to access and internal circulation (Division 5). The Thoroughfare Plan ktentifies Route 60 and North Woolridge Road as major arterials. Access to major arterials, such as these roadways, should be controlled. The applicant has proffered that direct access to Route 60 will be limked to one (1) entrance/exit (Proffered Condition 14). This proffer requires that an access easement be recorded across the subject property to provide shared use of this access with the adjacent parcels to the west. The applicant has also proffered that direct access to North Woolridge Road will be limited to two (2) entrances/exits; one (1) access on each side ofNorth Woolridge Road (Proffered Condition 15). This proffered condition also requires that an access easement be recorded across the subject property to provide shared use of these accesses with adjacent parcels. The applicant has also proffered that no direct 8 99SN0224/WP/MAY25J access for the subject property will be constructed on Walton Park Road Relocated. (Proffered Condition 16) Mitigating road improvements must be provided to address the traffic impact of this development. The applicant has proffered to: 1) construct a right turn lane along Route 60 at the approved access; 2) construct right turn lanes along North Woolridge Road at each approved access; 3) construct a sidewalk along the south side of Route 60, along the north side of Walton Park Road Relocated, and along the west side of Walton Park Road for the entire property frontage; and 4) relocate the ditch to provide an adequate shoulder or construct curb and gutter along Walton Park Road for the entire property frontage. (Proffered Condition 17) At time of site plan review, specific recommendations will be provided regarding access and internal circulation. LAND USE Comprehensive Plan: The request property lies within the boundaries of the Midlothian Area Community Land Use and Transportation Plan. Generally, the Plan supports retail type neighborhood services along the Midlothian Turnpike Corridor, transitioning south to office, personal services and other types of transitional uses. Area Development Trends: The area surrounding the intersection of Wakon Park Road and Route 60 has experienced recent commercial development. It is anticipated that the completion of North Woolridge Road from Coalfield Road to Route 60 will spur growth south of the request site in The Grove development. Site Design: The request property is subject to the design standards for Midlothian Village, which were adopted concurrent with the Midlothian Ama Communiw Plan. This particular area is subject to the Midlothian Village Fr'mge standards. Those standards address setbacks, landscaping and other design features which are intended to transkion into the Village core and encourage pedestrian traffic within and on the edges of the Village. The applicant is seeking an exception to the setback requirement for drives serving drive-in windows along Midlothian Turnpike. The Midlothian standards are intended to force buildings close to the sidewalk with no automobile traffic between the sidewalk and the building, thereby encouraging and facilkating pedestrian movements between the sidewalk and the building. Given the development trends and pre-existing development along this section of Midlothian Turnpike, the requested exception would be consistent (Textual 9 99SN0224/WP/MAY25J Statement, I. Parcel 1). Staff would, however, note that exceptions along North Woolridge Road will not be supported in the future. In addition to the Midlothian Village Fr'mge Standards, the applicant has proffered conditions relative to treaunent of ponds for water quality and quantity; installation of landscaping and street lights and installation of internal sidewalks. (Proffered Conditions 7, 9, 10 and 11) Uses: As noted, the Mktlothian Turnpike frontage is already zoned Community Business (C-3). The Plan suggests that the property would best be developed for neighborhood retail uses. In response to the suggestions of the Plan, the developer has agreed to limit the uses on the existing zoned C-3 tract to those permitted in the Neighborhood Business (C-2) District plus some limited C-3 uses. (Proffered Condition 6) In response to desires by area residents, the applicant has agreed to limit the uses permitted in the northeast quadrant of North Woolridge Road and Wakon Park Road Relocated to child cam centers and also to prohibit the sale of alcoholic beverages for on-site consumption east of North Woolridge Road. (Proffered Condition 13 and 21) Proffered Condition 8 will require that the developer notify the last known representative of the Wakon Park Homeowner's Association on file with the Planning Deparunent of site plan submission. It is imperative that the association keep the Planning Deparunent current with the name and address of the representative to be notified. Architectural Treatment: In addkion to the Midlothian Village archkectural standards, the developer has agreed that the archkectural trea1~nent, materials, and colors of buildings will be compatible with the Walgreens and Amoco development to the east. (Proffered Condkion 12) Hours: Proffered Condition 20 was offered in response to neighborhood concerns relative to hours of operation on the property. (Proffered Condition 20) 10 99SN0224/WP/MAY25J CONCLUSIONS The proposal, coupled with the proffered conditions, conforms to the Midlothian Area Community Plan. The proffers and textual statement provkte additional design standards consistent with the goals and policies of the Plan to create a "Village" aunosphere. Therefore, approval of this request is recommended. CASE HISTORY Applicant (4/20/99): Proffered Conditions 20 and 21 and an amendment to Proffered Condition 6 were submitted. Planning Commission Meeting (4/20/99): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Shewmake, seconded by Mr. Gulley, the Commission recommended approval of this request subject to the condition and acceptance of the proffered conditions on pages 2 through 6. AYES: Unanimous. The Board of Supervisors, on Tuesday, May 25, 1999, beginning at 7:00 p.m., will take under consideration this request. 11 99SN0224/WP/MAY25J 'BUCKINGHAM MIDLOTH lAN IA TO C-2 []AS~ R-7 TO 0-2_. []PROE CONDS. ? 12 99SN0224/WP/MAY25J ONIIV NOTE: APPROXIMATE LOCATION OF FUTURE ACCESS TO NORTH WOOLRIDGE ROAD, ZONIN6 PLAN PREPARED BY BALZER 8~ ASSOCIATES APRIL 8,1999 elqSNOZZ4-[ 13 99SN0224/WP/MAY25J 99SN0224 In Midlothian Magisterial District, C & G ASSOCIATES requested rezoninG and amendment of zoninG district map from Agricultural (A) to Neighborhood Business (C 2) of 1.39 acres; from Agricultural (A) to Corporate Office (0 2) of 3.7 acres; from Residential (R 7) to Corporate Office (0 2) of 0.72 acre plus proffered conditions on an adjacent 2.19 acre parcel currently zoned Community Business (C 3). Further, a Conditional Use Planned Development is requested on the entire property. Office and commercial uses are planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for village shopping district and village fringe area uses. This request lies on 8.0 acres fronting approximately 375 feet on the south line of Midlothian Turnpike, also fronting approximately 1,200 feet on the west line of Walton Park Road and located in the southwest quadrant of the intersection of these roads. Tax ID 732 707 1234, 3222, 4701 and Part of 1108 (Sheet 7). Mr. Jacobson presented a summary of Case 99SN0224 and stated that Planning Commission and staff recommend approval subject to one condition and acceptance of proffered conditions. He noted that the request conforms to the Midlothian Area Community Plan. He stated that an amendment which provides for an addendum to Proffer Number 6 and new Proffers 22 and 23 were received after the Planning Commission's hearing of the Case which provide further limitations to the uses allowed to develop on the property. He further stated that, if the Board wishes to consider the new Proffered Conditions, they would have to first suspend their rules to allow for consideration of the new Proffers. Mr. Daniel requested that, due to the new Proffered Conditions, the request be heard during the remaining zoning cases following the other public hearings. 5/25/99 99 494 99SN0224 In Midlothian Magisterial District, C & G ASSOCIATES requested rezoning and amendment of zoning district map from Agricultural (A) to Neighborhood Business (C 2) of 1.39 acres; from Agricultural (A) to Corporate Office (0 2) of 3.7 acres; from Residential (R 7) to Corporate Office (0 2) of 0.72 acre plus proffered conditions on an adjacent 2.19 acre parcel currently zoned Community Business (C 3). Further, a Conditional Use Planned Development is requested on the entire property. Office and commercial uses are planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for village shopping district and village fringe area uses. This request lies on 8.0 acres fronting approximately 375 feet on the south line of Midlothian Turnpike, also fronting approximately 1,200 feet on the west line of Walton Park Road and located in the southwest quadrant of the intersection of these roads. Tax ID 732 707 1234, 3222, 4701 and Part of 1108 (Sheet 7). Mr. Jacobson presented a summary of Case 99SN0224 and stated that the Planning Commission and staff recommend approval subject to one condition and acceptance of the proffered conditions. He noted that the request conforms to the Midlothian Area Community Plan. He stated that staff has received an Addendum today amending Proffered Condition 6 and adding Proffered Conditions 22 and 23 which provide further limitations on the uses permitted on the subject property and that, if the Board wishes to consider the new proffers, it would be necessary to first suspend its rules. Katherman stated that the recommendation, the additional proffered conditions, is Mr. B. K. including acceptable. Ms. Debbie Parker, a resident of Walton Park, expressed appreciation to Mr. Katherman and Mr. Will Shew~ake for addressing the issues of the residents of Walton Park. She stated that the residents of Walton Park support the request. On motion of Mr. Barber, seconded by Mr. Warren, the Board suspended its rules at this time to consider acceptance of the new and amended proffered conditions. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 5/25/99 99 510 After brief discussion, on motion of Mr. Barber, seconded by Mr. McHale, the Board approved Case 99SN0224 subject to the following condition: The Textual Statement dated April 8, 1999, shall be considered the Master Plan. (P) And, further, the Board accepted the following proffered conditions: 1 The public water and wastewater systems shall be used. 2 With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead and diseased trees, there shall be no timbering until a land disturbance permit has been obtained from Environmental Engineering and the approved measures installed. 3 A geotechnical report prepared by a consultant who has had previous mlnlng/geotechnlcal experience in reclamation of mine shafts, shall be submitted to the Environmental Engineering Department in conjunction with any site plan submission. Upon review by Environmental Engineering, or their designee, the report may either be accepted or revisions requested and, if revisions are requested, resubmitted in the same manner for review and acceptance by Environmental Engineering, or their designee. The report shall include, but not be limited to, the following: a. The location and analysis to include, but not be limited to, type (e.g., mine entrance shaft, air vents, unsuccessful exploratory pits, etc.), size, and depth of any mining pits or tailing heaps; b. Fill in/reclamation procedures; setbacks between the perimeter of any shaft; and any other safety measures intended to protect the health, safety and welfare of people and structures; c. The impact of any horizontal shafts on construction and future health, safety and welfare issues; d. The location and number of soil borings and depth necessary to confirm that the building site is not impacted by any horizontal shafts; and e. The allowable building envelopes and location based on the geotechnical recommendations. Development shall comply with the recommendations of the accepted report. Ail former mining activity shall be filled in/reclaimed under the direction of a consultant who has had previous mlnlng/geotechnlcal experience in reclamation of mine shafts. Ail reclamation shall be observed by 5/25/99 99 511 the geotechnical expert and shall be certified as to compliance with the recommendations established in the accepted report. Prior to the release of any building permit, a copy of the certification shall be submitted to Environmental Engineering. At the time of site plan review and approval, conditions may be imposed to address any identified impacts outlined in the report referenced in Proffered Condition 3. Any found mining pits or tailing heaps and the allowable building envelopes as established by the report outlined in Proffered Condition 3 shall be shown on the site plan. The site plan shall include a statement that the only pits found on the site are those shown on the site plan. For those sites where there is no found mining pits or tailing heaps, the report outlined in Proffered Condition 3 shall confirm that such information is not necessary. The uses permitted on the C 3 tract shall be limited to those use permitted by right and with restrictions in the C 2 District, except as restricted by Proffered Conditions 22 and 23, plus the following uses: a. Cocktail lounges provided that they are accessory to a restaurant. b. Motor vehicle washes provided that they are accessory to a permitted or restricted use. c. Recreational establishments, commercial indoor. d. Restaurants, to include carry out and fast food provided however that fast food restaurants shall not be permitted in Tracts 2 and 4B. Any above ground facilities required for water quantity or quality control located within any required setbacks along public right of way shall be designed as wet ponds and shall be landscaped or otherwise improved so that the facilities become visual enhancements to, and amenities for, uses developed on the property. At the time of site plan review, a plan depicting these requirements shall be submitted to the Planning Department for review and approval. The developer shall be responsible for notifying by registered, certified or first class mail, the last known representative on file with the Planning Department of the Walton Park Homeowners Association of the submission of any site plan. Such notification shall occur as soon as practical, but in no event less than twenty one (21) days prior to approval or disapproval of the plan. The developer shall provide a copy of the notification letter(s) to the Planning Department. Provided the monthly electric service is paid through the street light program, the developer shall be responsible for installation of decorative street 5/25/99 99 512 1© 11 12 13 16 17 lighting similar in design to the light fixture specified in The Midlothian Village Technical Manual shall be provided along all public roads adjacent to the site. Spacing shall be approximately seventy five (75) feet on center. Ail on site freestanding street light fixtures shall be compatible with the aforementioned street lights. Type 11 landscaping as referenced in The Midlothian Village Technical Manual shall be provided along North Woolridge Road. Internal sidewalks shall be extended through sites to facilitate pedestrian movements from buildings and parking areas to the sidewalks along public rights of way. The exact location and design of the sidewalks shall be reviewed and approved at the time of site plan review. The architectural style, materials and colors of buildings shall be compatible with that which exists in the development located on 732 707 5241 and 7346 (Walgreens and Amoco). The uses permitted at the northeast quadrant of the intersection of North Woolridge Road and Walton Park Road Relocated (the southern part of Tract 3B, as shown on '~The Zoning Map"), shall be limited to child care centers. Direct access from the property to Route 60 shall be limited to one (1) entrance/exit, located at the western 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 provide shared use of this access with adjacent parcels to the west. Direct access from the property to North Woolridge Road shall be limited to two (2) entrances/exits; one (1) on each side of North Woolridge Road. These accesses shall be located as generally shown on the plan prepared by Balzer & Associates, Inc., titled '~zoning Plan", dated April 8, 1999. The exact location of these accesses shall be approved by the Transportation Department. Prior to any site plan approval, access easements, acceptable to the Transportation Department, shall be recorded across the property to provide shared use of these accesses with adjacent parcels. No direct access shall be provided from the property to Walton Park Road Relocated. To provide an adequate roadway system, the developer shall be responsible for the following: a. Construction of additional pavement along the eastbound lanes of Route 60 at the approved access 5/25/99 99 513 18 19 2O 21 22 23 to provide a right turn lane based on Transportation Department standards; b. Construction of additional pavement along North Woolridge Road at each approved access to provide right turn lane(s) based on Transportation Department standards; c. Construction of a sidewalk along the south side of Route 60 for the entire property frontage; d. Construction of a sidewalk along the north side of Walton Park Road Relocated for the entire property frontage; e. Construction of a sidewalk along the west side of Walton Park Road for the entire property frontage; f. Relocation of the ditch to provide an adequate shoulder or construction of curb and gutter along the east and west sides of Walton Park Road for the entire property frontage; and 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 17, shall be submitted to, and approved by, the Transportation Department. Prior to any site plan approval for property located on the east side of North Woolridge Road, thirty (30) feet of right of way for Walton Park Road, measured from the centerline of that part of Walton Park Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. With the exception of those uses permitted by right or with restrictions in the Corporate Office (0 2) District, no use to include a child care center shall be open to the public between 12 midnight and 6:00 a.m. In tracts 2 and 4B, no use shall be permitted which has on site consumption of alcoholic beverages. The following uses shall be prohibited in the C 2 and C 3 tracts: a. Coin operated dry cleaning, laundry or laundromats. b. Rental of party equipment; small home hardware; tools; and equipment. Satellite dishes shall only be permitted if the following conditions are met: 5/25/99 99 514 a. The dish shall be accessory to a permitted principal use. b. The diameter of the dish shall not exceed twelve (12) feet; and c. The dish shall be screened from view of adjacent properties and public rights of way. The exact method of screening shall be approved by the Planning Department at the time of site plan review. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 5/25/99 99 515