10SN0191,• •'~'~'•_~i~
.h{fr ~f~
..~~.
.~{~
+,~..~,f
..~
f.r I~
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
lOSN0191
Woodlands Real Estate, LLC
Midlothian Magisterial District
South line of Robious Road
~~LTTZ~ nr'~ GTC
July 28, 2010 BS
RE VEST: Rezoning from Agricultural (A) to Community Business (C-3).
PROPOSED LAND USE:
Commercial uses are planned. With approval of this request, uses permitted by right
or with restrictions in the Community Business (C-3) District would be permitted, as
restricted by Proffered Condition 1.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THOUGH 7.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land uses conform to the Huguenot/Robious/Midlothian
Area Plan which suggests the property is appropriate for regional mixed use.
B. The proposed zoning and land uses are representative of and compatible with
existing and anticipated area development.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. THE CONDITIONS
NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE
COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITIONS
The property owners and 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 owners and applicant. In the
event this request is denied or approved with conditions not agreed to by the owners and
applicant, the proffers shall immediately be null and void and of no further force or effect.
The application contains one exhibit described as follows:
Exhibit A -Plan titled Conceptual Plan for North/South Collector Road ("Mall Drive
Extended"), dated March 11, 2010.
(STAFF/CPC) 1. Uses.
a. The following uses shall be prohibited:
i. carpenter and cabinetmakers' offices and display
rooms;
11. cocktail lounges and nightclubs;
111. electrical, plumbing or heating supply sales, service
and related display rooms;
iv. feed, seed and ice sales;
v. fraternal uses;
vi. hospitals;
vii. indoor flea markets;
Vlll. motor vehicle washes;
ix. park and ride lots;
x. recreational establishments, commercial-indoor;
xi. taxidermies;
xii. theaters, including drive-in theaters;
xiii. commercial kennels;
xiv. outside runs for veterinary hospitals;
xv. automobile service stations;
xvi. motor vehicle sales and rental;
XVII. gasoline sales;
XVlll. drive-through windows for fast food restaurants
unless located at the side or rear of a building which
has separate spaces for at least three (3) users;
xix. outside storage;
xx. schools - commercial, trade, vocational and
training, unless conducted within an enclosed
building;
xxi. material reclamation receiving center;
2 10SN0191 JUL28-BOS-RPT
XXII. warehouses for permitted uses; and
XXlll. prepared food and fruit and vegetable vendors.
b. The following uses shall be limited as follows:
i. Outside Display: Any area used for outdoor display
that is not located under a covered pedestrian way
shall be identified on the approved site plan. Such
area shall be located adjacent to the building which
it serves, shall be clearly delineated with decorative
fencing, and shall be located outside of parking and
sidewalk areas.
11. Motor Vehicle Repair: Any motor vehicle repair
building shall not exceed 6,500 gross square feet in
size, and any bay doors or loading areas for such
use shall not directly face Robious Road.
(Staff Note: Motor vehicle repair is a restricted use
in the Community Business (C-3) District requiring,
in part, that such use not be permitted within a
shopping center. Should the property be developed
as a shopping center as defined by the Ordinance,
motor vehicle repair would not be permitted without
first obtaining a conditional use.)
111. Drive-Through Windows: Views of any drive-
through window parallel and adjacent to Robious
Road other than for a bank shall be minimized by a
decorative masonry wall a minimum of three (3)
feet in height which is architecturally compatible
with the building(s).
iv. Greenhouses or Nurseries:
1. Outside garden centers shall not exceed
4,500 gross square feet and shall be
accessory to a retail component of the
business that is conducted within an
enclosed building. In no event shall the
outside garden center exceed the square
footage of the associated retail building.
2. Outside garden centers shall be enclosed by
a decorative "wrought iron-style" fence with
3 10SN0191 JUL28-BOS-RPT
brick piers, being a minimum of eight (8)
feet in height.
3. With the exception of outside display as
restricted by Proffered Condition l.B.i, and
continuous outside display, all plant
materials and growing areas shall be located
within the limits of the garden center or
within an enclosed building. (P)
(STAFF/CPC) 2. Hours of Operation. No use shall be open to the public between the
hours of 12:00 a.m. (midnight) and 6:00 a.m. (P)
(STAFF/CPC) 3. Exterior Materials. All building exteriors (whether front, side or
rear), exclusive of doors, windows, and trim accents, shall consist
of masonry, stone, EIFS, architectural precast, integral color split
face block or glass as established as part of an overall architectural
theme. Aluminum or metal accents and standing-seam metal roofs
shall be permitted. Plastic sheeting as sometimes associated with a
greenhouse or nursery shall not be permitted as an exterior
materia . (P)
(STAFF/CPC) 4. Si~n_ag_e. All freestanding signs shall be a monument style. The
base/structure of each sign shall be constructed of complementary
materials and colors as the building which it advertises. All
building-mounted signs shall be internally illuminated channel
letters and logos mounted on raceways painted to blend with the
building backdrop. (P)
(STAFF/CPC) 5. Vehicular Lights. A six (6) foot high double-sided cedar board or
vinyl fence with an additional one (1) foot high decorative top
shall be provided as may be necessary to substantially shield
headlights from adjacent Tax IDs 742-713-6185 and 742-713-4750
to the east and Tax ID 741-713-6369 to the west in a location as
determined at the time of site plan approval, for so long as such
adjacent parcel or parcels are zoned or used for residential
purposes. The location of such fence shall not interfere with any
access required in Proffered Conditions 1 l.c. and 1 l.d. below. (P)
(STAFF/CPC) 6. Entrance Feature. In addition to perimeter landscaping required by
ordinance, an entrance feature which shall include a decorative
masonry wall section for aesthetic rather than screening purposes
and which is architecturally compatible with the building(s), shall
be provided at the intersection of Robious Road and Mall Drive
Extended, and extend along the turning radii of Mall Drive
4 10SN0191 JUL28-BOS-RPT
Extended which ties into a three (3) rail, white vinyl decorative
fence along the Robious Road frontage. (P)
(STAFF/CPC) 7. Timberin .Except for the 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 have been
installed. (EE)
(STAFF/CPC) 8. Utilities. The public wastewater system shall be utilized. (U)
(STAFF/CPC) 9. Density. The maximum density of development on the Property
shall be fifty thousand (50,000) square feet of shopping center or
equivalent densities as determined by the Transportation
Department. (T)
(STAFF/CPC) 10. Dedication. The following rights-of way shall be dedicated, free
and unrestricted, to Chesterfield County prior to any site plan
approval or within sixty (60) days from the date of a written
request by the Transportation Department, whichever occurs first:
a. Forty-five (45) feet of right-of way on the south side of
Robious Road measured from the centerline of that part of
Robious Road immediately adj acent to the Property.
b. Seventy (70) foot wide right-of way for anorth/south
collector ("Mall Drive Extended") from Robious Road
through the Property to the easternmost Property line, as
generally shown on Exhibit A. The exact location of this
right-of way shall be approved by the Transportation
Department. (T)
(STAFF/CPC) 11. Access.
a. Direct vehicular access from the Property to Robious Road
shall be limited to Mall Drive Extended and one (1)
driveway that only serves two (2) residential structures on
the adjacent properties to the east (Tax ID 742-713-6185
and 742-713-4750). Mall Drive Extended shall align with
the existing crossover on Robious Road that serves
Cranbeck Road.
b. Direct vehicular access from the Property to Mall Drive
Extended shall conform to the approved access plan titled
"Mall Drive Extended Access Plan," prepared by Bohler
5 10SN0191 JUL28-BOS-RPT
Engineering, dated November 10, 2009 with any
subsequent modifications approved by the Transportation
Department.
c. Prior to any site plan approval for any portion of the
Property west of Mall Drive Extended, an access easement
acceptable to the Transportation Department shall be
recorded from Mall Drive Extended across the Property to
the adjacent property to the west (Tax ID 741-713-6369).
d. Prior to any site plan approval for any portion of the
Property east of Mall Drive Extended, an access easement
acceptable to the Transportation Department shall be
recorded from Mall Drive Extended across the Property to
the adjacent property to the east (Tax ID 742-713-4750),
the use of which shall be conditioned upon the beneficiary
eliminating the one (1) driveway onto Robious Road as
described in Proffered Condition 5.a. (T)
(STAFF/CPC) 12. Transportation Improvements. Prior to the issuance of an
occupancy permit on the Property, the Developer shall be
responsible for the following improvements. If any road
improvement described herein is provided by others at the time of
site plan approval, then such road improvements shall be deemed
satisfied. The exact design and length of these improvements shall
be approved by the Transportation Department. Alternate road
improvements, as requested by the Developer and approved by the
Transportation Department, which will provide acceptable levels
of service as determined by the Transportation department, may be
substituted for the road improvements identified in this proffered
conditions:
a. Construction of a four-lane divided road for Mall Drive
Extended, based on VDOT Urban Collector Standards (40
MPH) with modifications approved by the Transportation
Department, from Robious Road to the easternmost
Property line, as generally shown on Exhibit A.
b. Construction of additional pavement along Mall Drive
Extended at each approved access to provide left and right
turn lanes.
c. Construction of additional pavement along Mall Drive
Extended at its intersection with Robious Road to provide a
six-lane divided typical section (i.e., four (4) northbound
lanes and two (2) southbound lanes).
6 10SN0191 JUL28-BOS-RPT
d. Construction of additional pavement along the eastbound
lanes of Robious Road at the Mall Drive Extended
intersection to provide a separate right turn lane.
e. Construction of additional pavement along westbound lanes
of Robious Road at the crossover that serves Mall Drive
Extended to provide an adequate left turn lane.
f. Full cost of traffic signal modifications at the Robious
Road/Mall Drive Extended intersection, as determined by
the Transportation Department.
g. Dedication to Chesterfield County, free and unrestricted, of
any additional right-of way (or easements) required for the
improvements identified above. (T)
GENERAL INFORMATION
T ,n~ati nn
South line of Robious Road at Cranbeck Road. Tax IDs 741-712-Part of 6168 and 742-713-
1482.
Existing Zoning:
A
Size:
13.2 acres
Existing Land Use:
Single-family residential or vacant
Adjacent Zoning and Land Use:
North - R-MF and A, both with Conditional Use Planned Development; residential multi-
family, commercial, and single-family residential
South - A; Vacant
East - A and C-4; Single-family residential and vacant
West - A; Single-family residential
7 10SN0191 JUL28-BOS-RPT
T ITTT ,TTTF,~
Public Water System:
The site is located within the Robious water pressure zone. There is an existing sixteen (16)
inch water line extending along the southern side of Robious Road. Use of the public water
system is required by County Code.
Public Wastewater S,, sue:
The majority of the site is located within the Falling Creek sewer service area with a
small portion located within the Powhite sewer service area. There is an eight (8) inch
line extending along Dunbrook Road, approximately 300 feet west of the site. An
additional eight (8) inch line extends towards the site from the Dunbrook line terminating
approximately 200 feet from the western property boundary. The future extension of Mall
Drive associated with proposed development of adjacent parcels will divide the site
leaving the property to the east of Mall Drive Extended beyond the 200 foot distance for
required connection. The applicant has proffered to connect to the public wastewater
system to ensure wastewater service for the property on both sides of Mall Drive
Extended (Proffered Condition 8). The property east of Mall Drive Extended should be
served from the south while property on the western portion should be served from the
line along Dunbrook Road.
ENVIRONMENTAL
Drainage and Erosion:
The subject property is located in the 60/147 Drainage district. As such, the developer must
pay a pro rata fee for drainage improvements in the district prior to development. A
stormwater management basin for controlling volume is located on one of the parcels within
the district.
The subject property drains to the south through storm sewers to tributaries of Falling Creek.
Currently, there are no drainage or erosion control problems associated with these parcels
and none are anticipated after development.
The 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 7)
Water ua 1
The area is extremely flat and has a very high potential for wetlands throughout the request
parcels.
8 10SN0191 JUL28-BOS-RPT
PUBLIC FACILITIES
Fire Service:
The Bon Air Fire Station, Company Number 4, currently provides fire protection and
emergency medical service (EMS). This request will have a minimal impact on Fire and
EMS.
County Department of Transportation:
The applicant has proffered a maximum density of 50,000 square feet of shopping center
or equivalent traffic density (Proffered Condition 9). Based on shopping center trip rates,
development could generate approximately 4,300 average daily trips. These vehicles will
be initially distributed along Robious Road, which had a 2009 traffic count of 20,061
vehicles per day.
In October 2006, the Board of Supervisors approved a rezoning request (Case 06SN0155)
consisting of approximately seventy (70) acres from Agricultural (A) and Residential (R-
7) to Regional Business (C-4) with part of the property to be developed for Multifamily
Residential (R-MF). With that zoning approval, the Board accepted proffered conditions
relative to Transportation that, among other things provided dedication and construction
of Mall Drive Extended from Koger Center Boulevard to Robious Road. The dedication
and construction of Mall Drive Extended was permitted to be phased. Based on this
request, development of the subject property would require the dedication and
construction of Mall Drive Extended from Robious Road to the easternmost property
line, consistent with Case 06SN0155 (see Exhibit A). Approval of this request does not
modify or change the road improvements required by Case 06SN0155. (Proffered
Condition 12)
The Thoroughfare Plan identifies Robious Road as a maj or arterial with a recommended
right of way width of ninety (90) feet. The applicant has proffered to dedicate forty-five
(45) feet of right-of way measured from the centerline of the road, in accordance with
that Plan. (Proffered Condition 10.a)
The Thoroughfare Plan also identifies a proposed north/south collector ("Mall Drive
Extended") with a recommended right-of way width of seventy (70) feet, extending from
Koger Center Boulevard at the Mall Drive intersection through the property, to Robious
Road. The applicant has proffered to dedicate right-of way and construct afour-lane
divided road for Mall Drive Extended from Robious Road through the property to the
easternmost property line, as generally shown on Exhibit A. (Proffered Condition 10.b)
Access to major arterials, such as Robious Road, and to collectors, such as Mall Drive
Extended, should be controlled. The applicant has proffered that direct vehicular access
from the property to Robious Road will be limited to Mall Drive Extended and one (1)
driveway that will only serve two (2) residential structures that currently exist on the
adjacent properties to the east (Proffered Condition ll.a). The applicant has also
9 10SN0191 JUL28-BOS-RPT
proffered that direct vehicular access from the property to Mall Drive Extended shall
conform to the approved access plan for Mall Drive Extended (Proffered Condition l l .b).
Proffered Conditions l l.c and l l.d require that access easements be recorded across the
property to provide access to Mall Drive Extended for adjacent properties to the west
(Tax ID 741-713-6369) and east (Tax ID 742-713-4750).
The traffic impact of this development must be addressed. The applicant has proffered many
of the customary road improvements for a development of this density, such as a four-lane
divided road for Mall Drive Extended from Robious Road through the property, turn lanes
at the Robious Road/Mall Drive Extended intersection, full cost of traffic signal
modifications at the Robious Road/Mall Drive Extended intersection, and turns lanes along
Mall Drive Extended. (Proffered Condition 12.a through 12.g)
Virginia Department of Transportation (VDOT):
The parcels in question are subject to the access management requirements of VDOT, as
found under Code of Virginia 24VAC 30-73, and the guidance provided in the VDOT
Road Design Manual, Appendix F. These requirements address location of entrances, and
spacing relative to other entrances, intersections and crossovers.
VDOT has evaluated the traffic impact analysis and finds the report conforms to the
requirements of Chapter 527.
Appropriate comments will be made at the time construction plans are submitted for
review (detailed reviews of the Second Phase of the 08PR0200 site plan will address
connections to the subject property).
T,ANT~ TIFF,
Comprehensive Plan:
The subject property is located within the boundaries of the Huguenot/Robious/Midlothian
Area Plan which suggests the property is appropriate for a mix of integrated office parks,
regional shopping centers, light industrial parks and higher density residential uses and,
where appropriate, community scale mixed uses. This regional mixed use area
incorporates established commercial and office park developments extending from
Midlothian Turnpike to Robious Road, and from Huguenot Road to Johnston Willis
Drive. The Plan suggests that such uses should be designed to be compatible with
adjacent uses and provide appropriate transition to surrounding residential areas.
Area Development Trends:
The area is characterized by larger scale commercial development focused around the
intersection of Midlothian Turnpike and Huguenot Road and extending north along both the
north and south lines of Koger Center Boulevard. Properties along Robious Road are
developed and/or zoned for a mix commercial, office, multi-family and single-family
10 10SN0191 JUL28-BOS-RPT
residential uses on acreage parcels. Since the subject property represents the edge of the
regional mixed use area, staff recommends that development in the vicinity would employ
design enhancements and use limitations to provide compatibility with, and transition to,
surrounding land uses along the Robious Road Corridor.
Zonin H.~X:
On October 25, 2006 the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved a rezoning of a seventy (70) acre tract to Regional
Business (C-4) with conditional use and conditional use planned development to permit a
mix of commercial and multi-family residential uses extending from Koger Center
Boulevard to Robious Road (Case 06SN0155). Conditions of this approval provided for
the extension of Mall Drive from Koger Center Boulevard to Robious Road, consistent
with the county's adopted Thoroughfare Plan. The subject of this current request is
located west of this C-4 property and will be bisected by this planned extension of Mall
Drive.
Development Standards:
The request property lies within an Emerging Growth Area. The purpose of the Emerging
Growth Standards is to promote high quality, well-designed projects. Except as regulated by
existing conditions of zoning, development of the site must conform to the development
standards of the Zoning Ordinance which address access, parking, landscaping, pedestrian
access, architectural treatment, setbacks, signs, buffers, utilities and screening of dumpsters.
Uses and Hours of Operation:
As previously noted, the subject property represents an edge of a regional mixed use area
encompassed by Midlothian Turnpike, Huguenot and Robious Roads. To address this
transition, Proffered Condition 1 prohibits or limits several uses, many of which are
associated with services and storage activities conducted outside of enclosed buildings.
Further, the proffers limit hours of operation to promote compatibility with other
neighboring uses along the Robious Road Corridor. (Proffered Condition 2)
Building Materials; Signage; and Entrance Enhancements:
Proffered conditions have been offered to address design standards for the proposed
development.
Currently, Emerging Growth standards permit the use of adorned-face concrete block and
pre-finished corrugated metal for building exteriors under certain restrictions. Proffered
Condition 3 addresses exterior building materials and restricts the use of block and metal.
These proffered materials are consistent with those conditioned for the adjacent Belvedere
development located at Robious and Cranbeck Roads.
11 10SN0191 JUL28-BOS-RPT
The ordinance permits freestanding signs to be of a pylon (pole-mounted) or monument
style. Further, the ordinance permits building mounted signs to be mounted or painted as
individual letters/numbers or contained within a sign box. Proffered Condition 4 addresses
the design treatment for both types of signs.
In addition to perimeter landscape requirements of the ordinance, Proffered Condition 6
provides for a fence and wall treatment that is architecturally compatible with the project
along the Robious Road frontage, extending through the turn on Mall Drive Extended.
Vehicular Lights:
Adjacent agriculturally-zoned parcels to the east and west of the property are occupied by
single-family dwellings. The ordinance would not require buffering between these dwellings
and the proposed commercial development. To minimize the view of vehicular headlights
from these adjacent properties, Proffered Condition 5 requires the provision of fencing in
appropriate locations, as determined through site plan approval.
CONCLUSION
The proposed zoning and land uses comply with the Huguenot/Robious/Midlothian P/an. Further, as
proffered, the request provides for limitations on uses and hours of operation as well as design
standards to achieve compatibility with adjacent uses along this corridor.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (6/15/10):
The applicant accepted the recommendation. There was opposition present noting
concerns relative to the extension of Mall Drive and its impact on neighborhood safety
and traffic; existing retail vacancies; commercial uses along Robious Road; and lack of
community meeting notification.
In response to a question of Mr. Waller, Mr. McCracken noted that this case was
consistent with land use assumptions used with the Thoroughfare Plan and the adjacent
2006 zoning approval.
Mr. Waller noted that community meeting notification exceeded standard requirements;
that area retail vacancies are cyclical and self correcting; and that the request complies
with the Plan; is compatible with area development and will have along-term positive
impact on area properties.
Mr. Hassen indicated he was satisfied with the transportation component of the case.
12 10SN0191 JUL28-BOS-RPT
Mr. Gulley noted that this was a decision on land use and not an examination of retail
vacancies and market advantages.
On motion of Mr. Waller, seconded by Mr. Gulley, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 through 7.
AYES: Messrs. Brown, Hassen, Bass, Gulley and Waller.
The Board of Supervisors, on Wednesday, July 28, 2010, beginning at 6:30 p.m., will take under
consideration this request.
13 10SN0191 JUL28-BOS-RPT
Y `~C
i
~~
~~
n
~ ~I
4
~ ..n Z
~n
W
m
~~
~~
o ~
~ ~ a
r
~ ~~ m
N
A~ I U
N
~0
1 ~•
W
0
1
~~
1
w
Q
00
~ /`'fir/
V
~.
4
o
~~ __~
~A
~~ • ~ ..
~ ~ • Q :::::...
N ~ ~ , ..... ... .. .. ......
~ Q ~~ ~ .::::::::::.:~::::::::~
1 ~ ~ y :::::::::::::::::::.:~
~ ~ 1 :::::::::::::::::::::~
1 ~ W ~ ..::::::::~
o W ~ I
1 U ~ ...
m
0 N° W
N, ~ o I
~, N j
U
U ,
N
1 ~
a
' \ U Q
~5
W ~ ~ U ~,
~ ~ ~ ~~
o
~ ^ W
J ~
W ~
GO , , ~
~' 0 T
Q V
1 ~ ~~
o , N + , °
a
i , N~
~ >
U
1 ~ ~~ ~ N
1 cv ~ ° o
•~'
1 ~o ~ R
N ~ N ~ ~ EN
o ~~ N ~-
~ ~ ~ ~ ~~ Q
N ~ U
r ~ ~ I
Q
O I
o
~ ~
Q
m
o ~ ~ ~
m - i
~' U
Q U ~
Q
' , ~ c+~ M
U
UN ~ U
U
Q
M~
UN
U '
N
\U
I
o~
m.~
I
M
U
~
U ~
N N ~
U
W
z
~ ~
L
~ a
Q
O
~
N
~ L
~ N
~ ~
~
^ M
V ~
U ~
~~
O ~
~
o N
~ `~ ~
~
r
~ Q N .O oo
r
~ N
Z ~~
x~
~~ ~ o
Q
~
O ::
~~ ~U o
o
o
Y
m
r
Conceptual Plan for North/South Collector Road ("Mall Drive Extended")
March 11, 2010
Rob~o4
Ra
i ~a
~~
~~
~~
N
Tax I D
741-71 ~~63~9
anrn asp
10191
Mall Drive Extended to he
dedicated and constructed with
base 1 aSN0191, shouvn as
dashed line.
This sectian is also required to he
dedicated and constructed r~ith
Area ~ development per base
a6SNa155.
e
0
v
- --- ---
- ---
Koger Center Blvd
Zoning Case
06SN0155
i ~:
Mall Drive Extended to be
dedicated and constructed
Frith Area A development