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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
09SN0131
Bee-Pike LLC
Midlothian Magisterial District
South line of Midlothian Turnpike
Tlanoml,or ~~ nn4 rpr
January 28, 2009 BS
RE VEST: Amendment to Conditional Use Planned Development (Case OOSN0204) relative to
architectural treatment, hours of operation and setbacks.
PROPOSED LAND USE:
A health club facility with atwenty-four (24) hour operation is planned. Conditions of Case
OOSN0204 currently require architectural compatibility with neighboring commercial uses
with orientation of retail uses to the south; limited hours of operation; and increased parking
setbacks from North Woolridge Road. The applicant is requesting an alternative
architectural treatment and orientation for the proposed health club facility with setback
exceptions adjacent to both North Woolridge Road and adjacent Residential Townhouse (R-
TH) properties to the south.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2 AND 3.
AYES: MESSRS. BASS, BROWN, GULLEY AND HASSEN.
ABSENT: MR. WALLER.
STAFF RECOMMENDATION
Conditions relative to architectural treatment and hours of operation were negotiated with area
property owners. After consideration of public input, should the Commission and Board wish to
approve these amendments, acceptance of Proffered Conditions 2 and 3 would be appropriate.
Providing a FIRST CHOICE community through excellence in public service
Staff recommends approval of the requested amendments permitting exceptions to setbacks and
orientation of retail uses for the following reason:
The proposed amendments are compatible with, and representative of, existing and
anticipated commercial development within Midlothian Village.
(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
(STAFF/CPC) 1. The Textual Statement amendments dated November 25, 2008, and
revised December 5, 2008, shall be considered the Master Plan.
(P)
(Note: Except as amended herein, the Textual Statement approved
as part of Case OOSN0204 shall remain in effect.)
(STAFF/CPC) 2. The architectural style, materials and colors of buildings shall be
compatible with that shown on the elevations prepared by Freeman
Morgan Architects, dated April 21, 2008 and titled "American
Family Fitness North Woolridge Road Midlothian, Virginia". (P)
(Note: This proffer supersedes Proffered Conditions 10 and 11 of
Case OOSN0204 for the subject property.)
(STAFF/CPC) 3. Uses shall not be open to the public between the hours of midnight
and 6:00 a.m. with the exception that a single Health Club use
having 40,000 gross square feet or greater may be opened to the
public between the hours of midnight and 6:00 a.m. provided that
security cameras shall be installed so as to provide video
surveillance of parking areas during these specified hours. (P)
(Note: This proffer supersedes Proffered Condition 19 of Case
OOSN0204.)
(STAFF/CPC) 4. Except as noted in the Textual Statement amendment, Item 2, a
minimum sixty (60) foot parking setback shall be maintained along
North woolridge Road until such time as a building is constructed
on Tax ID 732-706-0494. (P)
2 09SN0131 JAN28-BOS-RPT
(Note: This proffer supersedes Proffered Condition 21 of Case
OOSN0204.)
GENERAL INFORMATION
T ,ncati nn
West line of North Woolridge Road, south of Midlothian Turnpike. Tax IDs 731-706-9398;
731-707-6510; and 732-706-0494.
Existin.~g:
C-2 and 0-2 with Conditional Use Planned Development
Size:
8.8 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North - C-3; Commercial
South - R-TH; Vacant
East - 0-2 and C-2; Commercial and vacant
West - R-7; Commercial
UTILITIES; ENVIRONMENTAL; AND PUBLIC FACILITIES
The proposed amendments will have no impact on these facilities.
T .ANn T TCF.
Comprehensive Plan:
Lies within the boundaries of the Midlothian Area Communi ,r Plan which suggests the
property is appropriate for retail, service, office and personal service uses.
Area Development Trends:
The area is characterized by a mix of retail and office uses surrounding the intersection of
North Woolridge Road and Midlothian Turnpike. It is anticipated that a mix of commercial,
office and high density residential growth will be forthcoming south of the request site to
include "The Grove" development.
3 09SN0131 JAN28-BOS-RPT
Zonin H.~ istory:
On July 26, 2000, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved a rezoning to Neighborhood Business (C-2) plus
proffered conditions on an adjacent C-2 tract, all with Conditional Use Planned
Development to permit Ordinance exceptions, and an amendment to a Conditional Use
Planned Development on adjacent properties (Case OOSN0204). A mix of commercial
and office uses was planned. The subj ect property was included in this case.
Conditions of Case OOSN0204, in part, limited uses, hours of operation, architectural
treatment and setbacks for improvements.
Uses:
Currently, conditions permit several use exceptions, to include motor vehicle washes as
accessory to a permitted use (Case OOSN0204: Textual Statement). Resulting from
negotiations with area property owners, the applicant has agreed to delete motor vehicle
wash from these permitted uses. (Textual Statement 1)
Hours of Operation:
Currently, conditions require that no use be opened to the public between the hours of
midnight and 6:00 a.m. except a single grocery store use containing a minimum of 40,000
gross square feet that may be open between midnight and 6:00 a.m. with the provision of a
security officer designated to patrol the parking lot during these specified hours (Case
OOSN0204: Proffered Condition 19). This condition resulted from negotiations with area
property owners during the zoning process. The applicant has requested that a health club
rather than a grocery store be permitted to operate from midnight to 6:00 a.m. with the
provision of video surveillance in parking areas during these specified hours (Proffered
Condition 3). It should be noted that the County's ability to enforce the monitoring of
surveillance equipment beyond the installation of security cameras is limited.
Architectural Treatment:
Currently, conditions require that the architectural treatment, materials and colors of
buildings be compatible with the VValgreens and Amoco development to the east (Case
OOSN0204: Proffered Condition 10). This condition resulted from negotiations with area
property owners during the zoning process. The applicant has requested that this condition
be modified to permit buildings to be compatible with the attached elevations (Proffered
Condition 2). Staff has reviewed these elevations and found them to be consistent with the
Midlothian Village architectural requirements of the Ordinance as well as conditions of
zoning which require that buildings exceeding 20,000 gross square feet incorporate
architectural variations to create the appearance of smaller buildings.
4 09SN0131 JAN28-BOS-RPT
Currently, proffered conditions require that the design of buildings accommodate future
retail spaces oriented towards the service road that was proposed to run west from North
Woolridge Road along the southern boundary of this project (Case OOSN0204: Proffered
Condition 11). Since that time, properties to the south have been rezoned for townhomes
and the proposed service road has been rerouted through this townhome project. As such,
this road no longer borders the length of the subject property. Given this circumstance, this
condition is no longer relevant since there is no road planned where retail uses could be
oriented. The applicant has requested that this requirement be deleted.
Parking and Driveway Setbacks:
To minimize the predominance of parking areas along North Woolridge Road, proffered
conditions require a minimum setback of sixty (60) feet for parking until such time that a
building is constructed along North Woolridge Road (Proffered Condition 21). The
applicant is requesting that a portion of the proposed parking area be permitted to encroach
into this setback where North Woolridge Road and the southern service road intersect, as
depicted on the attached plan (Proffered Condition 4 and Textual Statement 2). Staff has
evaluated this encroachment and found that it will not adversely impact the established
Midlothian Core development patterns along North Woolridge Road where parking is
generally located behind the front lines of buildings.
Conditions of Case OOSN0204 permit the southern portion of the project to develop
consistent with Midlothian Core standards which require that parking and driveways
maintain a minimum side yard setback of thirty (30) feet from adjacent residentially zoned
properties. This setback may be reduced to ten (10) feet when adjacent to commercial,
office or industrial districts. The applicant has requested an exception to reduce this side
yard setback from the neighboring undeveloped R-TH property to the south consistent with
the required setback when adjacent to non-residential districts, as depicted on the attached
plan (Textual Statement 3). Through conditions of site plan approval, architectural and
landscape techniques have been incorporated into the project design to minimize the impact
of the proposed fitness center development on the adjoining R-TH property (Case
09PR0120). As such, staff supports this side yard setback reduction.
CONCLUSION
Conditions relative to architectural treatment and hours of operation were negotiated with area
property owners. After consideration of public input, should the Commission and Board wish to
approve these amendments, acceptance of Proffered Conditions 2 and 3 would be appropriate.
Staff recommends approval of the requested amendments permitting exceptions to setbacks and
orientation of retail uses. The proposed amendments are compatible with, and representative of,
existing and anticipated commercial development within Midlothian Village.
5 09SN0131 JAN28-BOS-RPT
CASE HISTORY
Applicant (12/8/08):
The applicant amended the Textual Statement and Proffered Condition 1.
Planning Commission Meeting (12/16/08):
The applicant accepted the recommendation. There was support present noting that the
proffered conditions were acceptable and expressing appreciation for the positive
working relationship with applicant.
On motion of Mr. Hassen, seconded by Dr. Brown, the Commission recommended
approval and acceptance of the proffered conditions on page 2 and 3.
AYES: Messrs. Bass, Brown, Gulley and Hassen.
ABSENT: Mr. Waller.
The Board of Supervisors, on Wednesday, January 28, 2009, beginning at 6:30pm, will take
under consideration this request.
6 09SN0131 JAN28-BOS-RPT
Textual Statement
~T~~~z
Revised December 5, 2008
The Textual Statement approved as part of Case OOSN0204 is amended only as specified herein:
1. Item IILB.2.a.2(b) shall be deleted so as to exclude motor vehicle wash uses.
2. A minimum twenty-five (25) foot setback shall be maintained from North woolridge Road for
parking and drives as limited to the area indicated on the site plan prepared by Balzer &
Associates, Inc., dated July 15th, 2008 and revised October 20th, 2008 and titled "American
Family -Midlothian Layout Plan Phase 2". The view of such parking areas and driveways from
North woolridge Road shall be minimized by an evergreen hedge row, the exact treatment of
which shall be approved in conjunction with the site plan approval for Phase 2.
3 . An exception of ten (10) feet to the required thirty (3 0) foot side yard setback for parking and
drives shall be granted adjacent to Tax ID 731-706-3947. This exception shall be limited to the
area where the encroachment of these improvements is depicted on the site plan prepared by
Balzer & Associates, Inc., dated July 15th 2008 and revised October 20th, 2008 and titled
"American Family-Midlothian Layout Plan Phase 2".
PLANNERS ARCHITECTS ENGINEERS SURVEYORS
RICHMOND
15871 City View Drive, Suite 200 Midlothian, Virginia 23113 Phone (804) 794-0571 Fax (804) 794-2635
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