12SN0242CASE MANAGER: Ryan Ramsey
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
12SN0242
The Shoppes at Belvedere, LLC
Midlothian Magisterial District
11400 Belvedere Vista Lane
September 19, 2012 BS
REQUEST: Conditional use planned development approval to permit exceptions to ordinance
requirements relative to a parking setback and buffer in a Neighborhood Business
(C-2) District.
PROPOSED LAND USE:
A commercial parking area expansion is proposed. Parking setback and buffer
reductions are requested along the rear property boundaries. (Textual Statement)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. This setback and buffer exception results from proposed overdevelopment of the
property and impairs effective land use transition to adjacent residential
development.
B. This request potentially sets a precedent for similar requests to seek the
elimination of parking area setbacks and buffers between differing land uses.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. CONDITIONS NOTED "CPC" ARE RECOMMENDED BY THE PLANNING
COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITIONS
The Owner, which is owner of the property designated as Chesterfield County Tax ID 741-714-
3585-00000 containing a total of 3.3 acres ("Parcel C-2"), hereby voluntarily proffers for itself
and its successors and assigns that, in the event the Owner's request for rezoning of Parcel C-2
from C-2 to C-2 with CUPD is granted pursuant to the application of which this statement is a
part, Parcel C-2 will be subject to the following conditions:
(CPC) 1. Master Plan for Parcel C-2. The textual statement dated August 1, 2012,
shall be considered the master plan with respect to Parcel C-2. (P)
(CPC) 2. Additional Parkin. A maximum of twenty (20) parking spaces shall be
constructed along the rear property line of Parcel C-2 adjacent to GPIN 742-
714-2392. (P)
(CPC) 3. Landscaping within Parcel C-2. In the event parking spaces are constructed
on Parcel C-2 within the area labeled "Proposed Parking Expansion" as
shown on the exhibit prepared by Townes Site Engineering dated July 30,
2012, entitled "Belvedere Retail Center Parking Expansion," a copy of
which is attached hereto and made a part hereof (the "Parking Expansion
Plan"), existing landscaping shall be preserved to the maximum extent
possible in the area denoted as "Landscape Area To Be Preserved" as shown
on the Parking Expansion Plan. A landscape plan depicting these
requirements shall be submitted to the Planning Department for review and
approval in conjunction with any site plan review. (P)
GENERAL INFORMATION
T ,~cati nn
The request property fronts the north line of Robious Road, east of West Huguenot Road
and is better known as 11400 Belvedere Vista Lane. Tax ID 741-714-3585.
Existing Zonin
C-2
Size:
3.3 acres
Existing Land Use:
Commercial
12SN0242-SEP 19-BOS-RPT
Adjacent Zoning and Land Use:
North and West - I-1; Light Industrial
South - C-3 and R-MF; Commercial
East - R-MF with Conditional Use Planned Development; Multi-family residential and
office
T TTTT TTTF c
Public Utilities:
The request site is currently connected to the public utility systems. This request will not
impact the public utility systems.
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains via tributaries to Falling Creek. There are no problems with
the proposed request; however, staff would like to point out that any impervious area
added to the site will have to obtain water quality compliance with the Chesapeake Bay
requirements. The water quantity has been addressed through the previous design.
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:
This request will have no impact on these facilities.
Virginia Department of Transportation (VDOT~:
This request will have no impact on these facilities.
T ANTI T TCF
Comprehensive Plan:
The subject property is located within the boundaries of the Northern Area Plan, which
suggests the property is appropriate for light industrial use.
3 12SN0242-SEP 19-BOS-RPT
Area Development Trends:
Area properties are characterized by a mix of zonings and land uses. Specifically, mini-
warehouse facilities are located on the I-1 property to the north and west. Property to the
south is zoned and developed for commercial and office uses. Adjacent property to the east
has developed with multi-family residential uses.
It is anticipated that existing land uses on properties to the north, east and west will continue,
as is suggested by the Northern Area Land Use Plan. The Hu~,uenot/Robious/Midlothian
Area Plan anticipates a mixture of integrated office parks, commercial, light industrial
and/or higher density residential uses continuing to the south.
Zoning HistorX:
On June 23, 1999 the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved the rezoning to Corporate Office (O-2) of a portion of
the subject property which fronts on Robious Road (Case 99SN0253). A convalescent,
nursing or rest home was planned; however, other Corporate Office (O-2) uses were
permitted.
On June 26, 2002 the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved the rezoning from Corporate Office (O-2) to
Neighborhood Business (C-2) of the request property along with the rezoning of adjacent
property to the east. (Case 02SN0214)
On September 27, 2006 the Board of Supervisors, upon a favorable recommendation
from the Planning Commission, approved an amendment of conditional use planned
development (Case 02SN0214) relative to the phasing of commercial development on the
request property. (Case 06SN0314)
Parking Setback and Buffer Reductions:
The request property lies within the Emerging Growth Area. Within Emerging Growth
Areas, the Ordinance requires a minimum rear yard setback of forty (40) feet for parking
from the adjoining Multi-family Residential (R-MF) zoned property to the east (Tax ID 742-
714-2392) with the installation of Perimeter Landscape "C." An exception is requested to
reduce this setback to zero (0) feet to accommodate a parking expansion serving the existing
retail shopping center (reference the attached exhibit).
The request property is zoned Neighborhood Business (C-2). The rear property line of the
request site also serves as the zoning boundary to Multi-family Residential (R-MF) zoning
located to the east. The Zoning Ordinance requires a fifty (50) foot buffer on commercially
zoned property adjacent to aMulti-family Residential (R-MF) zoning district. This buffer
was reduced to a width of fifteen (15) feet by the Planning Commission during the review
and approval of the shopping center site plan (Case 07PR0181). An exception is requested
4 12SN0242-SEP 19-BOS-RPT
to further reduce this buffer to zero (0) feet to accommodate a parking expansion serving the
existing retail shopping center (reference the attached exhibit).
A total of twenty (20) parking spaces are proposed on the request property. These additional
parking spaces are not required to satisfy parking requirements of the ordinance. The
shopping center is required to have 104 parking spaces based on ordinance requirements.
Today, a total of 157 parking spaces are provided on the request site. The applicant s
proposal would create a total of 177 parking spaces, seventy-three (73) parking spaces
above the required amount. The applicant indicates that the additional parking is needed to
accommodate the high parking demands of the anchor tenant, Firebirds Restaurant and
improve the availability of on-site parking for the remainder of the retail center. The
required buffer and parking area setback on the subject property provides horizontal distance
and open space between residential and commercial uses. This buffer also provides a
transition between different zoning districts, a reduction in noise and glare, and vertical
screening. With this proposed parking setback and buffer reduction, the applicant will not be
able to provide a transition between these residential and non-residential uses.
Landscape Preservation:
An existing fifteen (15) foot buffer along the rear property line contains landscaping
conforming to the requirements of one and a half (1.5) times Perimeter Landscape C. The
applicant proposes removal of most of this buffer, retaining a small portion of the buffer that
borders Belvidere Vista Drive (Proffered Condition 2, Exhibit). Preservation of this
landscaping will provide limited screening for residents traveling to and from the multi-
family development to the east. The remainder of the vegetative screening will be removed,
which currently provides vertical screening for residents in the adjoining multi-family
development. The applicant has also proffered to limit the number of new parking spaces
within the rear yard setback and buffer area to no more than twenty (20) spaces (Proffered
Condition 3).
Architecture and Design:
The project site is located within the Emerging Growth Area and is subject to architectural
standards for new commercial development. However, no structural changes to the existing
newly-constructed buildings are purposed.
CONCLUSION
In consideration of conditional use planned developments, the ordinance specifies that exceptions to
development regulations should be solely for the promotion of an integrated plan that is no less
beneficial to occupants of neighboring properties than would be obtained under adherence to
ordinance requirements.
It is staffs opinion that the requested parking setback and buffer exceptions are the result of
property overdevelopment rather than an integrated plan of development. The proposed buffer
removal will result in a lack of physical and visual separation between the proposed parking
5 12SN0242-SEP 19-BOS-RPT
location and the adjacent multi-family residences to the east, which would provide no transition
between these uses, as intended by ordinance standards. Further, this request potentially sets a
precedent for similar requests to seek the elimination of parking area setbacks and buffers between
differing land uses.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (8/21/12):
The applicant did not accept staff's recommendation, but did accept the Planning
Commission's recommendation. There was no opposition present.
Mr. Waller noted that the applicant scaled back the original proposal from twenty-two
(22) to twenty (20) parking spaces. The reduction in parking would allow more
landscaping to remain, shielding the view of the parking area from the entrance of the
neighboring apartment buildings. The additional parking area would provide relief to the
tenants and visitors who frequent the shopping center.
On motion of Mr. Waller, seconded by Mr. Patton, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin.
The Board of Supervisors on Wednesday, September 19, 2012 beginning at 6:30 p.m., will take
under consideration this request.
6 12SN0242-SEP 19-BOS-RPT
Textual Statement
for The Shoppes at Belvedere, LLC
Zoning Case 12SN0242
August 1, 2012
Overall Description
Approval is sought by application from The Shoppes at Belvedere, LLC, dated June 11,
2012 (the "Application") for the rezoning of a total of 3.3 acres known as Chesterfield
County Tax Identification Number 741-714-3585 (the "Property") located at the
northwestern corner of the intersection of Robious Road and Belvedere Vista Lane, on
which Property is located a retail shopping center known as The Shoppes at Belvedere,
from C-2 to C-2 with a Conditional Use Planned Development to allow the installation of
up to 20 additional parking spaces on the Property, as more particularly described in this
Statement.
Exceptions
1. A fifty (50) foot exception to the required fifty (50) foot buffer along the rear
property line of the Property adjacent to GPIN 742-714-2392. This is an
exception to Section 19-523 (a) of the Zoning Ordinance. This buffer requirement
was previously reduced to a fifteen (15) foot buffer by Case 07PR0181.
2. A forty (40) foot exception to the required forty (40) foot setback for parking
areas along the rear property line of the Property adjacent to GPIN 742-714-2392.
This is an exception to Section 19-593(d) of the Zoning Ordinance.
3. These areas of exception shall be located as generally shown on the exhibit titled,
"Belvedere Retail Center Parking Expansion," by Townes Site Engineering dated
July 30, 2012.
Doc#6684156
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