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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
08SN0279
Leporton, LLC
September 24, 2008 BS
Midlothian Magisterial District
Off the north line of Midlothian Turnpike
RE VEST: Rezoning from Residential (R-7) to Corporate Office (0-2) with Conditional Use to
permit restaurant use.
PROPOSED LAND USE:
Office and commercial uses are planned. Development of this property in
conjunction with adjacent Corporate Office (0-2) properties to the south and west
is anticipated.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land uses conform to the Midlothian Area Community
Plan which suggests the property is appropriate for office, higher density
residential, community facility and personal service uses as part of a Village
Fringe area. Further, the proposed restaurant use, as limited by proffered
conditions, fits within the framework of the Plan, providing appropriate transition
to area residential development.
B. The proposed zoning and land uses are representative of, and compatible with,
existing and anticipated area development.
Providing a FIRST CHOICE community through excellence in public service
(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. )
PROFFERED CONDITIONS
The property owner/applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of
Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves
and their successors or assigns, proffer that the property under consideration will be developed
according to the following proffers if, and only if, the rezoning request submitted herewith is
granted with only those conditions agreed to by the owner/applicant. In the event this request is
denied or approved with conditions not agreed to by the owner and applicant, the proffers shall
immediately be null and void and of no further force or effect.
(STAFF/CPC) 1. Architecture. The architectural treatment of buildings constructed
on the Property shall be consistent with American Colonial
Architecture as defined by the Sycamore Square development. (P)
(STAFF/CPC) 2. Notification. 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 Village
of Midlothian Volunteer Coalition 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. (P)
(STAFF/CPC) 3. Street Lights. The developer shall be responsible for the
installation of decorative street lighting similar in design to the
light fixture specified in the Midlothian Village Technical Manual
which shall be provided along all public roads adjacent to the site.
Spacing shall be eighty (80) feet on center. All on-site
freestanding street light fixtures shall be compatible with the
aforementioned street lights. (P)
(STAFF/CPC) 4. Utilities. The public waste water system shall be used. (U)
(STAFF/CPC) 5. Timberin . Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead or
diseased trees, there shall be no timbering on the Property until a
land disturbance permit has been obtained from the Environmental
Engineering Department and the approved devices installed. (EE)
2 08SN0279-SEP24-BOS-RPT
(STAFF/CPC) 6. Uses. Uses shall be limited to those uses permitted by right or with
restrictions in the Corporate Office (0-2) district plus restaurant
use, excluding carry out or fast food restaurants. (P)
(STAFF/CPC) 7. Hours of Operation. Restaurant uses shall not be open to the
public between 11 p.m. and 6 a.m. (P)
(STAFF/CPC) 8. Vehicular Lights. The development shall be designed so as to
minimize vehicular headlights from shining into adjacent
residential properties to the north. The exact treatment shall be
approved by the Planning Department in conjunction with site plan
review. (P)
(STAFF/CPC) 9. Restaurant Uses. No building housing a restaurant use shall be
located within 400 feet of the northern property boundary. (P)
GENERAL INFORMATION
Location:
Off the north line of Midlothian Turnpike, west of Village Mill Drive. Tax ID 727-708-
6582.
Existing Zoning:
R-7
Size:
0.7 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North - R-7; Single family residential
South and West - 0-2 with Conditional Use; Single family residential
East - 0-2 with Conditional Use Planned Development; Vacant
3 08SN0279-SEP24-BOS-RPT
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Public Water System:
The request site is within the Huguenot Springs Water Pressure Zone. There is an existing
twenty-four (24) inch water line extending along the north side of Midlothian Turnpike
approximately 195 feet north of the request site. Use of the public water system is required
by County Code.
Public Wastewater System:
The request site is within the Falling Creek Sewer Service Area. There is an existing eight
(8) inch wastewater collector line in Midlothian Village, south of Midlothian Turnpike,
approximately 600 feet south of the request site. An extension from the existing line south
of Midlothian Turnpike will be needed to provide public wastewater service to this site. The
applicant has proffered to use the public wastewater system. (Proffered Condition 4)
ENVIRONMENTAL
Drainage and Erosion:
The subj ect property drains to Midlothian Turnpike, then via storm sewer systems to Falling
Creek. The property is flat and exhibits characteristics of wetlands. There are currently no
known on- or off site drainage or erosion problems and none are anticipated after
development.
The subject property is wooded and, as such, should not be timbered without obtaining a
land disturbance permit from the Department of Environmental Engineering. This will
ensure that adequate erosion control measures are in place prior to any land disturbance.
(Proffered Condition 5)
PUBLIC FACILITIES
Fire Service:
The Midlothian Fire Station 5 and Forest View Volunteer Rescue Squad currently
provide fire protection and emergency medical service (EMS). This request will have a
minimal impact on Fire and EMS.
Transportation:
The property is approximately 0.7 acres located east of the Midlothian Turnpike (Route
60) and Charter Colony Parkway intersection. The applicant is requesting a rezoning
from Residential (R-7) to Corporate Office (0-2) with Conditional Use to permit
restaurant use.
4 08SN0279-SEP24-BOS-RPT
This request will not limit development to a specific land use; therefore it is difficult to
anticipate traffic generation. Based on trip rates for ahigh-turnover sit down restaurant,
development could generate approximately 500 average daily trips (ADT). This traffic
would initially be distributed to Midlothian Turnpike (Route 60), which had a 2006
traffic count of 33,506 vehicles per day between Winterfield Road and Old Buckingham
Road and was functioning at an acceptable Level of Service D. No public road
improvements in this part of the county are currently included in the Six-Year
Improvement Plan.
The traffic impact of this development must be addressed. The applicant has indicated
that the property will be developed in conjunction with the adjacent parcels which front
along Route 60. When combined with those adj acent parcels, conditions of zoning (Case
08SN0196 Mi Hacienda) on those parcels must be addressed relative to access and road
improvements.
VDOT's "Chapter 527" regulations, dealing with development Traffic Impact Study
requirements, have been enacted. On July 1st, VDOT also enacted access management
regulations along principal arterial roadways. This regulation will impact access along
Route 60. Staff has been meeting with VDOT to attempt to understand the impact of the
regulations. At this time, it is uncertain what impact VDOT's regulations will have on
the development process or upon zonings approved by the county. The applicant has
indicated that this request does not warrant a Chapter 527 Traffic Impact Analysis.
At time of site plan review, specific recommendations will be provided regarding internal
circulation.
T . ANTS T 1CF.
Comprehensive Plan:
Lies within the boundaries of the Midlothian Area Community which suggests the
property is appropriate for office, higher density residential, community facility and
personal service as part of the Village Fringe Area. The Plan also suggests that
development should provide for protection of, and transition to, established residential
development located in the Westfield Road area.
Area Development Trends:
Surrounding properties are zoned Residential (R-7) and Corporate Office (0-2) and are
occupied by single-family residential uses or are currently vacant. It is anticipated that this
infill property will be developed in conjunction with the adjacent 0-2 properties to the south
and west. (Mi Hacienda, LLC- Case 08SN0196)
5 08SN0279-SEP24-BOS-RPT
Development Standards:
The request property lies within the Midlothian Village Fringe area of the Midlothian
Village District. The purpose of the Village District standards is to recognize unique
villages within the County and to maintain and reinforce the character, identity and
pedestrian scale by continuing and enhancing existing patterns of development.
Development of the site must conform to the requirements of the Zoning Ordinance which
address street lights, street tree plantings, access, parking landscaping, architectural
treatment, setbacks, signs, buffers, utilities and screening of dumpsters and loading areas.
Uses and Hours of Operation:
With approval of this request, all uses permitted by right or with restrictions in the Corporate
Office (0-2) District would be permitted plus the restaurant use, excluding carry out or fast
food restaurants. (Proffered Condition 6)
Consistent with conditions of zoning on the adjacent 0-2 properties to the west, proffers
require that any building housing a restaurant use to be located no closer than 400 feet to the
northern property boundary to provide transition to the adjoining residentially zoned
development along Westfield Road. It should be noted that this setback limitation would
permit parking associated with restaurant use to be located within this 400 foot setback.
Further, proffered conditions limit hours of operation for restaurant uses. (Proffered
Conditions 7 and 9)
Lighting and Architecture:
The applicant has proffered conditions relative to decorative street lights and architectural
treatment that are consistent with the conditions of zoning on the adjacent 0-2 properties to
the east and west. (Proffered Conditions 1 and 3)
Vehicular Lights:
In response to concerns expressed by area residents, Proffered Condition 8 requires a
development design that will minimize the view of vehicular headlights from adjacent
residential properties to the north.
Notification of Site Plan Approval:
Proffered Condition 2 will require that the developer notify the last known representative of
the Village of Midlothian Volunteer Coalition on file with the Planning Department of site
plan submission. It is imperative that the Coalition keep the Planning Department current
with the name and address of the representative to be notified.
6 08SN0279-SEP24-BOS-RPT
CONCLUSION
The proposed zoning and land uses conform to the Midlothian Area Community Plan which
suggests the property is appropriate for office, higher density residential, community facility and
personal service uses as part of a Village Fringe Area. As proffered, the proposed restaurant use
fits within the framework of the Plan, providing appropriate transition to area residential
development. The proposed zoning and land uses are representative of, and compatible with,
existing and anticipated area development.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (8/19/08):
The applicant accepted the recommendation. There was support present indicating that
the proposal fits with the framework of the Village.
On motion of Mr. Waller, seconded by Dr. Brown, the Commission recommended
approval of this request and acceptance of the Proffered Conditions on pages 2 and 3.
AYES: Messrs. Gulley, Bass, Brown, Hassen, and Waller.
The Board of Supervisors, on Wednesday, September 24, 2008, beginning at 6:30 p.m., will take
under consideration this request.
7 08SN0279-SEP24-BOS-RPT
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