12SN0176CASE MANAGER: Robert Clay
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
12SN0176
W. B. Perkinson and Associates
1 TLZ.TLTIT
March 28, 2012 BS
Midlothian Magisterial District
Northwest corner of North Woolridge Road and Charter Park Drive
REQUEST: Amendment of conditional use planned development (Case 06SN0165) relative to
building and project size in a Residential (R-9) District.
PROPOSED LAND USE:
A dental office with associated training and lab facilities and other office uses are
planned. These uses are allowed under previous zoning.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON
PAGES 1 AND 2.
STAFF RECOMMENDATION
Recommend denial for the following reason:
The proposal represents an intensification of uses which do not comply with the Midlothian
Area Community Plan, which suggests the property is appropriate for low density
residential use.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITION NOTED "CPC" IS RECOMMENDED BY THE
PLANNING COMMISSION.)
PROFFERED CONDITION
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 itself and its
successors or assigns, proffer that the property under consideration will be developed according
Providing a FIRST CHOICE community through excellence in public service
to the following proffer 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/applicant, the proffer shall immediately be
null and void and of no further force or effect.
(CPC) The Textual Statement, dated November 30, 2011, revised January 25, 2012, shall
be considered the Master Plan relative to permitted uses, architectural style, street
lights along Woolridge Road, size of individual buildings, gross floor area per
acre for child care and bank/offices, and hours that uses may be open to the
public. (P)
(STAFF NOTE: This condition supersedes the proffered condition of Case
06SN0165).
GENERAL INFORMATION
Location:
The request property is located in the northwest corner of North Woolridge Road and
Charter Park Drive. Tax ID 724-703-3585.
Existing Zoning:
R-9 with conditional use planned development
Size
3 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North, South, East and West - R-9 with Conditional Use Planned Development;
Public/semi-public (John Tyler Community College), single-family residential, multi-family
residential or vacant.
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Public Water System:
The site is currently connected to the public water system. There is a twelve (12) inch water
line extending along the eastern side of Charter Park Drive. Connection to the public water
system is required for any additional development on the request site.
2 12SN0176-MAR28-BOS-RPT
Public Wastewater System:
The site is currently connected to the public wastewater system. There is an eight (8) inch
wastewater line extending through the front of the site along North Woolridge Road. There
is an additional eight (8) inch wastewater line extending along the western side of Charter
Park Drive. Connection the public wastewater system is required for any additional
development on the request site.
ENVIRONMENTAL
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service'
The Midlothian Fire Station, Company Number 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.
County Department of Transportation and Vir ing is Department of Transportation VDOT~:
This request will have a minimal impact on the existing transportation network.
LAND USE
Comprehensive Plan:
The subject property is located within the boundaries of the Midlothian Area Community
Plan, which suggests the property is appropriate for low density residential use of 1.01 to
2 units/acre.
Area Development Trends:
The request property is part of the Charter Colony mixed-use development. Area property to
the north and west is currently being developed for residential uses of various densities. The
subject property is part of a tract encompassing adjacent property to the north, east and west
and is zoned to allow limited commercial and office uses. John Tyler Community College
has been developed on property to the south. The Plan anticipates residential development
continuing in the area north of Woolridge Road and a mix of office and residential
development south.
3 12SN0176-MAR28-BOS-RPT
Zoning HistorX:
On August 24, 1994 the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved rezoning and conditional use planned development on the
request property and adjacent property (Case 94SN0138). With the approval of Case
94SN0138, the entire property was divided into tracts. The request property was identified
as Tract 1. The approved Textual Statement for Case 94SN0138 restricted uses in Tract 1 to
those uses permitted in the Residential (R-9) District; private schools; Residential Multi-
family (R-MF) District; Residential Townhouse (R-TH) District; and Single-Family A or B,
as defined in the General Conditions of the Textual Statement, as well as recreational uses
accessory to residential uses in the development.
On July 27, 2005 the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved an amendment to Case 94SN0138 to allow day care, bank
and office uses on the subject property and adjacent property to the east (Case OSSN0243).
Staff did not support Case OSSN0243, as it did not comply with the residential uses
suggested by the Plan.
On February 22, 2006 the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved an amendment to Case OSSN0243 relative to building and
project size; and hours of operation for automated teller machines (Case 06SN0165). Staff
did not support Case 06SN0165, as it was thought to be an intensification of uses that did
not comply with the Plan.
Development Standards:
With approval of Case OSSN0243 conditions were imposed requiring compliance with
Convenience Business (C-1) and Emerging Growth District Standards of the Zoning
Ordinance. This requirement remained with the approval of Case 06SN0165.
The purpose of the Convenience Business (C-1) standards is to provide an effective land use
transition between commercial and adjacent residential uses and to limit the intensity of
such uses at the entrance to a neighborhood or in proximity to a neighborhood.
The Convenience Business (C-1) standards limit individual building size and project size.
The proposal with Case 06SN0165 separated the "project' into two (2) tracts one (1) at 3.0
acres proposed as the day care site and one (1) at 2.6 acres proposed as the bank/office site.
The Textual Statement allowed a total building area of 33,025 square feet or 5,025 square
feet of additional building area than the previous conditions, allowed the "day care" site to
develop at 6,675 gross square feet per acre thereby yielding a possible total building area of
20,025 square feet (Note: the other limitations limited individual buildings to 12,000 square
feet) and the "bank/office" site to develop at 5,000 square feet per acre thereby yielding a
possible building area of 13,000 square feet.
4 12SN0176-MAR28-BOS-RPT
The current proposal does not alter the size of any potential child care center; increases the
maximum area of individual buildings to 16,000 square feet; and increases any potential
office development to up to 6,950 square feet per acre.
Architecture and Lighting:
In addition to architectural standards agreed to in previous cases, and to address concerns
expressed by area property owners, the applicant has provided the primary exterior finish
material for buildings and dumpster enclosures shall be brick. Also, in an effort to alleviate
concerns about the proximity of dumpsters to adjacent residences, the applicant has included
a provision in the Textual Statement that the dumpster serving this site will be located a
minimum of 150 linear feet from the northwest property line. This places the dumpster away
from the residences.
With regards to exterior lighting, area property owners expressed concerns about the
potential effect such lighting on the site might have on adjacent residential uses. To address
this concern the applicant has agreed to provide light fixtures with brightness and an
appearance similar to that shown on the graphic attached to the staff report and identified as
" 12 SN0176-1."
CONCLUSION
The proposal further intensifies uses which are not supported by the Midlothian Area Community
Plan in proximity to, and at the entrance of, a residential neighborhood. The purpose of the
Convenience Business (G1) standards from previous zoning cases is to provide an effective
transition to, and compatibility with, adjacent residential uses.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (2/21/12):
The applicant did not accept staff's recommendation, but did accept the Planning
Commission's recommendation.
There was support present noting this was an important project for the Village of
Midlothian.
Mr. Waller expressed concern over the lighting color and intensity but was confident this
would be addressed during plans review. He noted there was not a substantial difference
in the proposed project from what is currently allowed and that it is a good location for
the use.
12 S N 017 6-MAR2 8-B O S-RPT
On motion of Mr. Waller, seconded by Mr. Patton, the Commission recommended
approval and acceptance of the proffered condition on pages 1 and 2.
AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin.
The Board of Supervisors on Wednesday, March 28, 2012 beginning at 6:30 p.m., will take
under consideration this request.
12 S N 017 6-MAR2 8-B O S-RPT
AMENDED TEXTUAL STATEMENT
(ORIGINAL CASE 06SN0165)
CASE # 12-20-0187
(NOVEMBER 30, 2011)
REVISED JANUARY 25, 2012
Uses permitted shall be those permitted in the Residential (R-9) District; private schools; child care
centers, banks and offices subject to Emerging Growth District Standards of the Zoning Ordinance,
with any private schools, child care centers, banks and offices being similar in style and architecture
to Sycamore Square Shopping center or of American Colonial style and architecture with a primary
exterior finish material of brick including dumpster enclosure; the Residential Multi-family (R-MF)
District; and Residential Townhouse (R-TH) District; and Single Family A or B, as defined in the
General conditions and recreational uses accessory to residential uses in the development.
Gooseneck-style streetlights, the exact design to be determined at the time of site plan review, shall
be installed along the northern right-of way line of Woolridge Road. Lights shall be placed one
hundred (100) feet on center. Such lights shall be installed in conjunction with development of any
site adjacent to the right-of--way. Individual buildings shall not exceed 16,000 square feet of gross
floor area. Any child care center development shall not exceed 6,675 square feet of gross floor area
per acre, prior to any right-of--way dedication. Any bank development shall not exceed 5,000 square
feet of gross floor area per acre, prior to any right-of--way dedication. Any office development shall
not exceed 6,950 square feet/acre. With the exception of automated teller machines (ATM), no use
shall be open to the public between 9:00 p.m. and 6:00 a.m. The dumpster serving this site shall be a
minimum of 1501inear feet from the northwest property line. Freestanding light poles shall not
exceed 12' in height within 100' of the northwest property line and shall not exceed 20'in height
otherwise. The fixture shall have a luminaire and appearance similar to or equal to architectural area
lighting #440 series "Towne Commons", attached hereto.
Please advise us if you have any questions or comments.
Sincerely,
BALZER AND ASSOCIATES, INC.
Andrew M. Scherzer, L.A.
Executive Vice President
AMS/j eb
cc: Gilbert Roberts
Reuben Waller
Dan Gecker
Nicole Eubanks-Lambert
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