00SN0204-JULY26.pdf.... .~ .......CPC
July 26, 2000 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
00SN0204
C &GAssociates
Midlothian Magisterial District
South line of Midlothian Turnpike
REOUEST:
Rezoning from Residential (R-7) and Community Business (C-3) to Neighborhood
Business (C-2) plus proffered conditions on an existing zoned Neighborhood
Business (C-2) tract, all with Conditional Use Planned Development to allow bulk,
development, and use exceptions and amendment to Conditional Use Planned
Developments (Cases 84S060 and 99SN0224) relative to access, bulk and
development exceptions.
PROPOSED LAND USE:
A mix of commercial and office uses is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION ON PAGE 2 AND
ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 7.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
Providing a FIRST CHOICE Community Through Excellence in Public Service.
The proposal with the Textual Statement and proffered conditions conforms to the
Midlothian Area Community Plan which suggests the property is appropriate for
major retail and service activities, office and personal service uses.
The proposed zoning and land uses are compatible with, and representative of,
existing and anticipated commercial development within Midlothian Village.
Application of the Village Core development standards south of Route 60, as
identified in the Zoning Ordinance, are appropriate in promoting the village
character along North Woolridge Road and are consistent with exceptions granted
on adjacent commercial property to the south, commonly known as "The Grove".
The requested setback exceptions within the project provide flexibility in promoting
a coordinated development and are consistent with established area development
patterns along Route 60 and exceptions granted on adjacent commercial property
to the east.
E. The requested amendment to permit access to North Woolridge Road continues to
restrict access from the southern tract to Walton Park Road.
(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
The Textual Statement received June 20, 2000, shall be considered the Master Plan. (P)
(NOTE: All other conditions of Cases 84S060, 88SN0125 and 99SN0224 remain in effect,
except as modified by this request.)
PROFFERED CONDITIONS - For Parcels 5 and 6 as identified on the "Railey Hill West
Rezoning Plan".
(STAFF/CPC) 1.
(STAFF/CPC) 2.
The public water and wastewater systems shall be used. (U)
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
2 00SN0204/WP/JULY26I
(STAFF/CPC)
(STAFF/CPC)
disturbance permit has been obtained from Environmental
Engineering and the approved measures installed. (EE)
A geotechnical report prepared by a consultant who has had previous
mining/geotectmical experience in reclmnation of mine shafts, shall
be submitted to the Enviro~unental 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:
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;
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 borings and depth necessary
to confirm 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. (EE)
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 Engineering. (EE)
3 00SNO204/WP/JULY26I
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
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. (EE)
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 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 Plamfing Department for review and approval. (EE)
The developer shall be responsible for notifying by registered,
certified or fncst class mail, the last known representative on file with
the Plmming 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. (P)
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, the street
lighting 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. (EE)
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. (P)
4 00SN0204/WP/JULY26I
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
10.
11.
12.
13.
14.
The architectural style, materials and colors of buildings shall be
compatible with that which exists in the development located on 732-
707-4947 and 7346 (Walgreens and Amoco). (P)
Buildings on Parcel 5 shall be designed in such a manner that furore
retail space oriented toward the future access road shown on the
"Railey Hill West Rezoning Plan" can be accommodated. Site Plans
for Parcel 5 shall, at a minimum, depict how such retail space can be
accommodated. (P)
Direct access from the property to Route 60 shall be limited to one (1)
entrance/exit. 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 properties.
Note: This proffered condition would allow the existing access to
Route 60 that currently serves the eastemmost parcel in Tract 6 (Tax
ID 731-707-8621) to remain until such time as that parcel is further
developed or redeveloped as determined by the Transportation
Department. (T)
To provide an adequate roadway system, the developer shall be
responsible for the following:
Construction of additional pavement along the eastbound
lanes of Route 60 at the approved access to provide a right
turn lane, based on Transportation Department standards;
Construction of a sidewalk along the south side of Route 60
for the entire property frontage;
Dedication to Chesterfield County, free and unrestricted, any
additional right-of-way (or easements) required for the
improvements identified above. (T)
Prior to any site plan approval, a phasing plan for the required road
improvements as identified in Proffered Condition 13, shall be
submitted to, and approved by, the Transportation Department.(T)
5 00SN0204/WP/JULY26I
Parcels 1, 2, 4.a, 4.b, 5 and 6
(STAFF/CPC) 15.
Other than one (1) single user which may exceed 40,000 square
gross feet, no individual user shall exceed 20,000 gross square feet.
No individual building shall exceed 20,000 gross square feet except
that one (1) building which houses a user larger than 20,000 gross
square feet may exceed 20,000 gross square feet. (P)
(STAFF/CPC) 16.
Any individual use in excess of 40,000 gross square feet shall be
located in Parcel 5 and shall have its main entrance oriented towards
North Woolridge Road and the building shall be located a minimum
of 300 feet from North Woolridge Road. (P)
(STAFF/CPC) 17.
A building shall not exceed 20,000 square feet unless such building
is designed to incorporate a variety of off-sets, other architectural
variations or other features so as to create the appearance of smaller
unique buildings to avoid monotonous facades and bulky masses.
The same material(s) shall be used on all four (4) sides of the
building unless at the time of site plan review, the Planning
Conm~ission approves alternative materials of a similar quality
which will not adversely affect adjacent properties or views from
roads. Alt solid waste and loading areas shall be architecturally
incorporated into the building. (P)
(STAFF/CPC) 18.
The existing structures located on Tax ID 731-707-8936 and
731-707-3819 shall not be used to meet the compatibility
requirements of Section 19-611 (b) of the Zoning Ordinance. (P)
Parcels 5 & 6
(STAFF/CPC) 19.
Uses shall not be opened to the public between the hours of
midnight and 6:00 am with the exception that a single grocery store
use having 40,000 gross square feet or greater may be opened to the
public between the hours of midnight and 6:00 am provided that a
security officer is located on-site for the sole purpose of patrolling
parking areas during these specified hours. (P)
Parcels 1, 2, 3a, 4a, 4b, 5, 6
(STAFF/CPC) 20.
Within two (2) months of clearing an area, the required perimeter
landscaping shall be installed within the setback along all public
roads abutting such area, unless there is an active building permit
and active construction within 405 feet of North Woolridge Road,
6 00SN0204/WP/JULY26I
Parcel 3
(STAFF/CPC)
Location:
in which case the required perimeter landscaping shall be installed
prior to the issuance of final occupancy of any site within 405 feet
of North Woolridge Road. (P)
21.
A minimum 60 foot parking setback shall be maintained along
Woolridge Road for the length of Parcel 3A until such time as a
building is constructed on Parcel 3A. (P)
GENERAL INFORMATION
South line of Midlothian Turnpike and east and west lines of North Woolridge Road. Tax
ID 731-706-3947, 731-707-6510 and 8621, 732-706-2567, and 732-707-0427, 1234, 3222,
and 4701 (Sheet 6).
l~xisting Zoning:
R-7, C-2 and C-3; R-9 and I-1 with Conditional Use Planned Developmem (84S060) and
C-3, C-2, and 0-2 with Conditional Use Planned Developmem (99SN0224)
42.2 acres
Existi~:
Commercial or vacant
Ad_iacent Zoning and Land Use:
North - C-3 and R-7 with Conditional Use Planned Development and R-7; Commercial,
office and vacant
South - R-MF, A and C-3 with Conditional Use Planned Development; Vacant
East - C-3, 0-2, A and R-9 with Conditional Use; Commercial, church, single family
residential or vacant
West - R~7 and A; Public/semi public (school)
7 00SN0204/WP/JULY26I
UTILITIES
Public Water System:
There is an existing sixteen (16) inch water line extending along the south side of
Midlothian Turnpike adjacent to the request site. For Parcels 1, 2, 3, 3a, 4 and 4a, as
shown on the attached plan entitled "Railey Hill West Rezoning Plan" (The "Plan") use
of the public water system is required by a condition of zoning (Case 99SN0224, Proffered
Condition 1). For Parcels 5 and 6, use of the public water system has been proffered
(Proffered Condition 1). In conjunction with this development, the developer will be
required to extend a sixteen (16) inch water line along that portion of North Woolridge
Road, adjacent to the request site.
Public Wastewater System:
There is an existing eight (8) inch wastewater collector serving the existing Shoppes at
Railey Hill development and ending approximately 200 feet east of North Woolridge Road.
An extension of this line is under construction and upon completion, will serve portions
of the request site. For Parcels 1, 2, 3, 3a, 4 and 4a as shown on the "Plan", use of the
public wastewater system is required by a condition of zoning (Case 99SN0224, Proffered
Condition 1). For Parcels 5 and 6, use of the public wastewater system has been
proffered. (Proffered Condition 1)
ENVIRONMENTAL
The property drains to the south via tributaries to Falling Creek. There are no known
or off-site drainage or erosion problems. Several of the subject parcels are heavily
wooded, therefore timbering should not take place without an approved land disturbance
permit. This will insure that proper erosion control measures are in place prior to any land
disturbance. (Proffered Condition 2)
Water Ouali _ty:
The proffered conditions require that the BMP(s) that are located on Parcels 5 and 6 be
designed as wet ponds and be landscaped as a visual amenity for uses developed on the
property. (Proffered Condition 6)
Mine Shafts:
Mining activity occurred in the Midlothian area in the past. Geotechnical studies to
determine if shafts exist on the subject property will be required and if the shafts exist the
8 00SN0204/WP/JULY26I
studies will determine 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:
In 1988, the Board of Supervisors approved a rezoning request (Case 84S060) on twenty-
eight (28) acres ("Jones Tract") to permit development of a rest home and
office/warehouse complex. In 1999, North Woolridge Road was constructed through the
eastern part of the Jones Tract. When this tract was rezoned in 1988, North Woolridge
Road was not part of the planned road network for this area, and therefore, access to North
Woolridge Road was not addressed. A condition of zoning (Condition 8 of Case 84S060)
was imposed that addressed direct access to Walton Park Road. The condition restricts all
access from development of the "Jones Tract" to Walton Park Road. The applicant is
requesting to amend that previously imposed access condition to allow access to North
Woolridge Road. The applicant has proffered that direct access from the "Jones Tract"
to North Woolridge Road will be limited to one (1) entrance/exit (Textual Statement I).
The condition requires an access easement to be recorded across the Jones Tract to
provide shared use of this access with adjacent properties. The condition also requires that
in conjunction with development of any land use that is served by this access, additional
pavement will be constructed along North Woolridge Road to provide a right turn lane and
the traffic signal at the Walton Park Relocated/North Woolridge Road intersection will be
modified. Approval of this requested amendment to Condition 8 will continue to restrict
access from the Jones Tract to Walton Park Road. (Textual Statement I)
The applicant is also requesting rezoning of 8.9 acres to Neighborhood Business (C-2)
District with Conditional Use Planned Development. This part of the request will not limit
development to a specific land use; therefore, it is difficult to anticipate traffic generation.
Based on shopping center trip rates, development could generate approximately 6,320
average daily trips. These vehicles will be distributed along Midlothian Turnpike (Route
60) which had a 1997 traffic count of 47,772 vehicles per day, and North Woolridge Road
which had a 2000 traffic count of 6,877 vehicles per day.
9 00SN0204/WP/JULY26I
Development must adhere to the Zoning Ordinance relative to access and internal
circulation (Article VII, Division 5). Access to major arterials, such as Route 60, should
be controlled. The applicant has proffered that direct access from the property to Route
60 will be limited to one (1) entrance/exit (Proffered Condition 12). The proffer would
allow the existing access onto Route 60 that currently serves the existing commercial
development on the property to remain, until such time the property is further developed
or redeveloped.
Mitigating road improvements must be provided to address the traffic impact of this
development. The applicant has proffered to construct additional pavement along Route
60 at the approved access to provide a right turn lane, and construct a sidewalk along the
south side of Route 60 for the entire property frontage. (Proffered Condition 13)
At time of site plan review, specific recommendations will be provided regarding access
and internal circulation.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Midlothian Area Community Plan which suggests the
property is appropriate for Village Shopping District, Village Square and Village Fringe
uses. The Plan indicates that this area is appropriate for major retail/service activities in
the Village Area to include neighborhood shopping centers, office/service establishments
and public facilities, with office and personal services uses providing a transition to
existing residential development to the east.
One of the goals of the Plan is to promote appropriate site design standards that encourage
smaller building setbacks, improved compatibility of architectural features, coordinated
signage, increased landscaping, limited driveway access and an improved pedestrian
circulation system to enhance the village character.
Area Development Trends:
The area surrounding the intersection of Walton Park Road and Midlothian Turnpike has
experienced recent commercial development with The Shoppes at Railey Hill to the east
and the Village Marketplace outparcels to the north. With the recent completion of North
Woolridge Road from Coalfield Road to Route 60, it is anticipated that a mix of
commercial, office and high density residential growth will be forthcoming south of the
request site in "The Grove" development.
10 00SN0204/WP/JULY26I
Zoning History:
On February 27, 1985, the Board of Supervisors, upon favorable recommendation by the
Commission, approved rezoning from Agricultural (A) and Residential (R-7) to Residential
(R-9) and Light Industrial (I-1) with Conditional Use Planned Development on twenty-
eight (28) acres located along the east and west lines of North Woolridge Road, south of
its intersection with Walton Park Road (the Jones Tract). An office/warehouse complex
was proposed for the I-1 portion of the project to the west and a rest home on the R-9
portion to the east. A condition of this approval required the elimination of a proposed
emergency access road that connected the proposed rest home development to Walton Park
Road. It was determined that this emergency access could be provided through the
office/warehouse tract to the west thereby effectively serving the rest home project. The
elimination of this access road to the east resulted in severing the project's connection to
Walton Park Road.
On September 28, 1988, the Board of Supervisors, upon favorable recommendation by the
Commission, approved an amendment to Case 84S060 relative to a condition requiring a
buffer along the western property line adjacent to Midlothian Middle School property.
(Case 88SN0125)
On May 25, 1999, the Board of Supervisors, upon favorable recommendation of the
Commission, approved rezoning of 8.0 acres from Agricultural (A) and Residential (R-7)
to Corporate Office (0-2) and Neighborhood Business (C-2) plus proffered conditions on
an existing parcel zoned Community Business (C-3), all with Conditional Use Planned
Development (Case 99SN0224). Along the Route 60 portion of the project, Neighborhood
Commercial (C-2) uses are permitted, as restricted by proffered conditions, as well as
limited Community Business (C-3) uses. South of Walton Park Road, Corporate Office
(0-2) uses are permitted, providing a land use transition to the residential development to
the east. Exceptions to setback requirements for drives and parking associated with drive-
in windows along Route 60, side yard setbacks and off-site signage for the Walton Park
Subdivision were also granted as part of this Conditional Use Planned Development.
Site Design:
The request property is subject to the design standards for the Midlothian Village, which
were adopted concurrent with the Midlothian Area Communi _ty Plan as part of the Zoning
Ordinance. The Village is divided into areas commonly known as the "Core" and the
"Fringe", with associated standards addressing setbacks, landscaping and other design
features. These standards were established to provide a transition from the typical
suburban automobile-oriented development into the core of the Midlothian Village. The
subject property lies within the Midlothian Village Fringe. The applicant is requesting an
exception to permit Parcels 3a, 3b, 4a, 4b and 5, located off Route 60 along North
Woolridge Road, to develop in accordance with the Midlothian Core standards (Textual
11 00SN0204/WP/JULY26I
Uses:
Statement II.B and III.B.la). The Core standards, which reflect a more neo-traditional
approach to design, would permit buildings to be closer to the rights of way, with parking
generally located behind the front lines of buildings, creating a more pedestrian-friendly
environment characteristic of the Midlothian Village Core. The Fringe development
standards would be maintained along the subject property's Route 60 frontage leading west
into the Village Core (Parcels 1, 2 and 6), thereby providing the transition from larger
suburban setbacks along Route 60 to the east, reducing to smaller setbacks approaching the
Village Core. This is consistent with the development pattern established along the north
line of Route 60 entering the Village.
The applicant is requesting setback exceptions to the required side and rear yards adjacent
to parcels located along Route 60, east and west of, and enveloped by the project limits.
These adjacent parcels are either zoned for, developed, or designated on, the Midlothian
Plan for commercial development. As such, these exceptions would provide flexibility in
promoting a "seamless" development pattern within the project and among area properties
and are consistent with exceptions granted on adjacent commercial property to the east.
(Textual Statement II.A and III.A.3)
The applicant is seeking an exception to the setback requirement for drives serving drive-in
windows along Midlothian Turnpike for Parcel 6 (Textual Statement III.B.2.b). The
Midlothian Village Fringe standards push buildings close to the right of way with no
automobile traffic located between the right of way and the buildings. This exception
would permit these drives to be located between the buildings and Midlothian Turnpike.
This exception was previously approved for Parcels 1 and 2 (Case 99SN0224) and is
consistent with the development trends and pre-existing development along this section of
Midlothian Turnpike.
To minimize the predominance of parking area along North Woolridge Road, the
developer has proffered to maintain a minimum setback of sixty (60) feet for parking on
Parcel 3a until such time as a building is constructed on Parcel 3a (Proffered Condition
21). It should be noted that there is no requirement to construct a building on Parcel 3a.
To enhance the Village streetscape, conditions have been offered relative to the installation
of street lights and internal sidewalks within Parcels 5 and 6 (Proffered Conditions 8 and
9). Further, the design of buildings on Parcel 5 will accommodate future retail spaces
oriented towards the service road south of this parcel. (Proffered Condition 11)
As noted, the Midlothian Turnpike frontage located within Parcel 6 which is currently
zoned Community Business (C-3) is proposed to be rezoned to Neighborhood Business (C-
2) with Conditional Use Planned Development. Within Parcel 6, certain C-2 uses have
been eliminated and specific Community Business (C-3) use exceptions have been
12 00SN0204/WP/JULY26I
requested. This portion of the proposal is consistent with the limitations and exceptions
granted on Parcels 1 and 2 as part of Case 99SN0224 except that the location of fast food
restaurants is restricted to that portion of Parcel 6 currently zoned Community Business
(C-3) (Textual Statement III.B.2). With approval of this request, Parcel 5 would permit
those uses permitted by right or with restrictions in the Neighborhood Business (C-2)
District, except as limited by this request. (Textual Statement III.B. 1 .b)
All uses permitted on Parcels 1, 2, 3a, 3b, 4a, 4b and the southern tract, zoned Residential
(R-9) and Light Industrial (I-1) were established with the approval of previous zoning cases
99SN0224 and 84S060, respectively. Within Parcels 1, 2, 4a and 4b, certain C-2 uses
have been eliminated or restricted. (Textual Statement III.B.3 and 4)
Notification of Area Homeowners:
Proffered Condition 7 will require that the developer notify the last known representative
of the Walton Park Homeowner's Association on file with the Planning Depamnent of site
plan submission on Parcels 5 or 6. It is imperative that the association keep the Planning
Department current with the name and address of the representative to be notified.
In addition to these notices, adjacent property owners of individual site will receive notice
from the County of site plan submission and signs will be posted on the property.
Architectural Treatment:
The Midlothian Village standards require that buildings be designed with harmonious
proportions to avoid bulky masses. There should be architectural variety, but also
compatibility with existing structures, especially of a high historical interest. New and
remodeled buildings must enhance the cohesive village character reflected in existing
structures through the use of design elements such as materials, balconies, terraces,
articulation of doors and widows, sculptural or textural relief of facades, architectural
ornamentation, varied roof lines, lighting fixtures and planting materials, as described in
the Midlothian Area Community Plan.
In addition to the Midlothian Village architectural standards specified in the Zoning
Ordinance, the developer has agreed that the architectural treatment, materials and colors
of buildings located within Parcels 5 and 6 will be compatible with the Walgreens and
Amoco development to the east (Proffered Condition 10 ). Because the existing structures
located adjacent to the eastern and western boundaries of Parcels 5 and 6 and outside of
the subject boundaries do not reflect the historic character of the Midlothian Village, these
structures will not be used in deternfining architectural compatibility requirements of the
Ordinance. (Proffered Condition 18)
13 00SN0204/WP/JULY26I
Within Emerging Growth Areas, no building exterior which would be visible to any A, R,
R-TH, R-MF or O District or any public right of way may consist of architectural
materials inferior in quality, appearance, or detail to any other exterior of the san~e
building. Them 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 A, R, R-TH, R-MF or O District or
any public right of way. No building exterior may be constructed of unpainted concrete
block or corrugated and/or sheet metal.
The developer has proffered that only one (1) building and associated user within the
project may exceed 40,000 gross square feet and must be located within Parcel 5, a
minimum of 300 feet from North Woolridge Road and must have its main entrance
oriented towards North Woolridge Road (Proffered Conditions 15 and 16). These
restrictions encourage the largest building to be more centrally located within the project.
In addition, any building exceeding 20,000 gross square feet must incorporate architectural
variations to create the appearance of smaller buildings, among other architectural
requirements (Proffered Condition 17). All other buildings/users must not exceed 20,000
gross square feet. (Proffered Condition 15)
Hours of Operation:
The developer has proffered that uses on Parcels 5 and 6 shall not be opened to the public
between the hours of midnight and 6:00 a.m. This portion of the proposal is consistent
with the limitations place upon Parcels 1, 2, 3a, 3b, 4a and 4b as part of Case 99SN0224.
The one exception to this limitation is a single grocery store use having 40,000 gross
square feet or greater, which may be opened to the public between the hours of midnight
and 6:00 a.m., provided that as security officer is located on-site for the sole purpose of
patrolling parking areas during these specified hours (Proffered Condition 19). It should
be noted that the County's ability to enforce the provision of this parking lot security is
limited, considering the hours covered by this requirement.
Buffers. Screening and Landscaping:
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 by a solid fence, wall, dense evergreen plantings or architectural feature, and that
such area within 1,000 feet of any residentially zoned property or 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 prohibited and from public rights of way.
14 00SN0204/WP/JULY26I
To improve the appearance of disturbed, but unimproved project sites, the developer has
proffered that perimeter landscaping shall be installed within the setback along all public
rights of way within two (2) months of clearing a site, unless there is an active building
permit and construction within 405 feet of North Woolridge Road. (Proffered Condition
20)
CONCLUSIONS
The proposed zoning and land uses conform to the Midlothian Area Communi _ty Plan which
suggests the property and surrounding area is appropriate for major retail and service activities,
office and personal service uses. This proposal is representative of existing and anticipated area
commercial development. In addition, the requested use and bulk exceptions are consistent with
those approved for adjacent zoning cases affecting properties to the east and south. The proffered
conditions provide for amenities that will enhance the project and guarantee a quality development.
The Midlothian Area Community Plan was adopted by the Board of Supervisors in 1989. At that
time, it was unclear as to the exact aligmnent of North Woolridge Road as well as the location of
retail activity within The Grove development, located south of, and adjacent to, the subject
property. Over time, the boundary lines of this retail core have been better established. Today,
the core of Village of Midlothian is not viewed simply as a portion of Route 60, but extends south
along North Woolridge Road, incorporating the request site and The Grove development. It is
anticipated that the redefined limits of this core will encourage a greater sensitivity to design,
promote a pedestrian-friendly environment, strengthen the Village's commercial base and provide
a sense of place unique to the Village concept.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Area Property Owners, Staff, Midlothian Supervisor and Commissioner (5/3/00):
A meeting was held with area property owners to discuss their concerns relative to this
request. Issues discussed included building size, architectural treatment, use exceptions
(specifically fast food restaurants and indoor recreation), setback exceptions, hours of
operation and the lack of an overall plan of development for the project. It was generally
agreed that the area property owners would meet with the applicant in an attempt to resolve
these concerns. The area property owners expressed a need for additional time in which
to accomplish these discussions with the applicant.
15 00SN0204/WP/JULY26I
Planning Commission Meeting (5/16/00):
At the request of the applicant, the Commission deferred this case to June 20, 2000.
Staff (5/17/00):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than May 22, 2000 for consideration at the Commission's June 20,
2000, public hearing. Also, the applicant was advised that a $250.00 deferral fee must be
paid prior to the Commission's public hearing.
Applicant (5/23/00):
The $250 deferral fee was paid.
Staff (5/24/00):
To date, no new information has been received, although staff has had ongoing discussions
with the applicant regarding proposed proffered conditions and textual statement revisions.
The applicant has advised staff that a meeting has been scheduled for May 25, 2000, to
continue discussions with the area property owners regarding possible additional or revised
proffered conditions. If revised or additional proffers are submitted, staff will advise the
Commission prior to, or at, the June public hearing. Depending upon the date of receipt
of any new information, staff may or may not be in a position to thoroughly evaluate the
proposal prior to the June meeting.
Staff, Applicant, Walton Park Subdivision Representative and Midlothian District Commissioner
(615100):
A meeting was held to discuss the neighborhood's concerns. It was generally agreed that
the applicant would revise the proffered conditions and Textual Statement to address these
concerns.
Applicant (6/14/00 and 6/20/00):
Revised proffered conditions and Textual Statements were submitted. These revisions
addressed neighborhood concerns with respect to uses, signage, sizes of individual
buildings and uses, location of the one building/use in excess of 40,000 square feet within
16 00SN0204/WP/JULY26I
project, architectural treatment, hours of operation, landscaping of cleared areas and
parking setbacks along North Woolridge Road.
Planning Commission Meeting (6/20/00):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Gecker, seconded by Mr. Cunningham, the Commission recommended
approval of this request subject to the condition on page 2 and acceptance of the proffered
conditions on pages 2 through 7.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, July 26, 2000, beginning at 7:00 p.m., will take under
consideration this request.
17 00SN0204/WP/JULY26I
TEXTU,4L STATEMENT
1. Amend Case 84S060 Condition 8
The emergency access, shown on the Master Plan to Walton Park Road, shall be eliminated. The second access into the rest
home shall be provided via a connection between the southern driveways in the office/warehouse tract and the rest home
tract. This southern driveway shall be connected to the proposed north/south road. Direct access fi.om the property to North
Woolridge Road shall be limited to one (1) entrance/exit. This access shall generally align Walton Park Road Relocated. 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 properties. Prior to any issuance of an occupancy permit for any development that is served by this
access: 1) additional pavement shall be constructed along North Wookidge Road at the approved access to provide a right
turn lane, 2) the approved access shall have a four (4) lane typical section [three (3) eastbound lanes and one (1) westbound
lane] at its intersection with North Woolridge Road; and 3) the traffic si~al at the Wakon Park Road Relocatec~qqorth
WooMdge Road intersection shall be modified to accommodate the approved access. The developer shall dedicate, free and
unrestricted, to and for the benefit of Chesterfield County, any additional right of way (or easements) required for these road
improvements.
Notes:
A.
B.
This condition supercedes Condition 8 of case 84S060.
All other conditions of Case 84S060 to include those conditions modified by Case 88SN0125 shall remain in effect.
IL Amend 99SN0224 to allow bulk and development standards exceptions:
A. Parcels 1, 2, 3a, and 4a
An exception to the required side and rear yard setback requirements adjacent to Tax ID 731-707-8936 and 732-707-
4947.
(Note: This condition supercedes the Textual Statement for Case 99SN0224,
1I. Bulk Exceptions for Parcels I, 4a and 3a.)
Parcels 3a, 3b, 4a, and 4b
Except as stated herein, development shall conform to the requirements for the M1DLOTHIAN VILLAGE CORE of
the Zoning Ordinance.
(Note: This condition is in addition to the Textual Statement for Case 99SN0224.)
(Note: All other requirements of Case 99SN0224 remain in effect except as modified by this request).
III. Textual statement, Case 00SN0204
A. General Requirements
Parcels 5 & 6
1. The plan entitled "Railey Hill West Rezoning Plan" prepared by Balzer and Associates, dated 1-12-2000, shall be
considered the Master Plan.
2. Rezone 8.9+/- acres from R-7 and C-3 to C-2 with Conditional Use Planned Development on this acreage plus an
adjacent 0.47 acre parcel, currently zoned "C-2" ta permit use, bulk and development standard exceptions.
3. An exception to the required side and rear yard setback requirements adjacent to Tax ID 731-707-3819 and 8936.
B. Specific Parcel Requirements
1. Parcel 5
Except as stated herein, development shall conform to the requirements for the MIDLOTHIAN VILLAGE
cORE of the Zoning Ordinance.
b. Uses permitted shall be limited to those uses permitted by right or with restrictions in the C-2 district
except as reslricted herein:
1. The following uses shall be prohibited:
(a) Coin-operated dry cleaning; laundry or laundromats.
Balzer and Associates, Inc. Page i of 3
2, Parcel 6
(b)
(c)
(d)
Rental of party equipment; small home hardware; tools; and equipment.
Cigarette outlets.
Microbreweries, as either an accessory or primary use.
Uses permitted shall be limited to those uses permitted by right or with restrictions in the C-2 district except as
restricted herein plus the following additional uses:
The following uses shall be prohibited:
(a0 Coin-operated dry cleaning, laundry or laundromats.
(b.) Rental of party equipment, small home hardware, tools, and equipment.
(c.) Cigarette outlets.
The following uses shall be permitted:
(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.) Restaurants, to include carry out and fast food, provided that fast food restaurants to include
the building and required parking for such uses shall be located within 160 feet of the ultimate
right-of-way of Route 60.
(d.) Satellite dishes provided:
((1 .)) The dish shall be accessory to a permitted principal use.
((2.)) The diameter of the dish shall not exceed twelve (12) feet.
((3.)) 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.
(e.) Microbreweries provided that the manufacturing of alcoholic beverages shall be for the sole
purpose of on-site consumption and such on-site consumption shall only occur if accessory to
a restaurant use.
In conjunction with the granting of this request, an exception to the setback requirement for drives and
parking areas along Midlothian Turnpike and having a drive-in window(s) shall be granted. Drives and
parking areas for a use with a drive-in window(s) shall be subject to the setback requirements for buildings
(Section 19-609(b)(1)(a) of the Zoning Ordinance). Any drive-in window(s) shall be architecturally
incorporated into the building with a wall similar to the design of the drive-in window located on Tax ID
732~707-0188 (McDonald's). In those areas where the drives and parking areas encroach into the required
setback for drives and parking areas, ornamental fencing, a landscaped hedge or a combination thereof shall
be installed between the drives and parking areas and the public right(s) of way. The exact treatment shall
be approved by the Planning Department at the time of site plan review.
Parcel 1
The following use shall be prohibited:
1) Cigarette outlets.
b. The
following use shall be permitted:
1) Microbreweries provided that the manufacturing of alcoholic beverages shall be for the sole purpose of
on-site consumption and such on-site consumption shall only occur if accessory to a restaurant use:
Should a microbrewery be located on Parcel 1, no signage advertising alcoholic beverages shall be
mounted along the east side of any building nor shall any free standing sign advertising alcoholic beverages
be located within 100 feet of North Woolridge Road.
Parcels 2,4a,4b
a. The following uses shall be prohibited: 1) Cigarette outlets.
2) Microbreweries, either as an accessory or primary use.
(Note: Conditions 3 & 4 are in addition to the textual statement of Case 99SN0224 for Parcels
1,2,4a & 4b).
Balzer and Associates, Inc. Page 2 of 3
zc
c
J c
A
,.. zoR-TH ~
N
300 0 300 600 Feet
Case #: 00SN0204
Rezoning: ~
Sheet #: 6
R-7 & C-3 TO C-2 W/C.U.P.D.
PROF. CONDS. W/C.U.P.D.
AMEND C.U.P.D.
3-3
C
N
Case #: 00SN0204
w~E 3~00 Feet
s Sheet #: 6
Rezoning: ~
R-7 & C-3 TO C-2 W/C.U.P.D.
PROF. CONDS. W/C.U.P.D.
AMEND C.U.P.D.
00SN0204-1
J
oos~4ozo4-£
ID.
=~==~ o~0 ~. __.~<~=_ .~ "~