02SN0284-OCT23.pdfOctober 23, 2002 BS
STAFF'S
I~QUEST ANALYSIS
AND
RECOMMENDATION
02SN0284
(AMENDED)
CarMax
Midlothian Magisterial District
South l~ne of Midlothian Turnpike
REQUEST:
(AMENDED) Rezoning from Agricultural (A) to Community Business (C-3) of 10.7
acres with Conditional Use and Conditional Use Planned Development to permit
motor vehicle sales and rental and body repair and exceptions to Ord/nanee
requirements. In addition, proffered conditions are being offered on an adjacent 7.1
acre parcel currently zoned Agricultural (A). Plus an amendment to proffered
conditions on an adjacent 2.0 acre pamel zoned Commtmity Business (C-3) (Case
98SN0281) relative to uses (Proffered Condition 1), architectural treatment
(Proffered Condition 6) and enhanced landscaping. (Proffered Condition 7)
PROPOSED LAND USE:
In addition to commercial uses already permitted on a portion of the property, and
except as restricted by Proffered Condition 10, comraercial uses, to include a motor
vehicle sales and rental facility with body repair and wholesale auctions are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
AYES: MESSRS. LITTON, GECKER, CUNNINGHAM AND STACK.
NAY: MR. OULLEY.
Providing a FIRST CHOICE Community Through Excellence in Public Service
STAFF RECOMMENDATION
Recommend denial for the following reasons:
The proposed zoning and land uses do not conform to the Midlothian Area
Communi~ Plan which suggests the property is appropriate for planned transition
uses which includes office, residential uses having 7.0 to 14.0 units per acre, personal
services and commurdty facilities.
The intensity of the proposed commercial use is contrary to the purpose and intent of
the C-3 District, which states that such developments should be located along major
arterials at their intersections with arterials.
Approval of this request could set a precedent for more intense uses on the adjacent C-3
property to the west which has not yet been developed.
(NOTES: A.
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.
SiNCE THE COMMISSION'S CONSIDERATION OF THIS CASE,
PROFFERED CONDITION 7 HAS BEEN MODIFIED.)
PROFFERED CONDITIONS
The Owners and the Developer (the "Developer") in this zoning 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 development of the Property known as
Chesterfield County Tax Identification Number 737-707-5021, 2091, 2699 and 6565, 737-708-
3608, 4320, 7210, and 9017 (the "Property") under consideration will be developed according to the
following conditions if, and only if, the amendment to the C~3 zoning and the rezoning request for C-
3 with a Conditional Use Planned Development (CUPD) and Conditional Use Permit is granted. In
the event the request is denied or approved with conditions not agreed to by the Developer, the
proffers and conditions shall immediately be null and void and of no further force or effect.
The application contains one exhibit described as follows:
Exhibit A - Plan rifled" CarMax, Preliminary Layout, Access Plan" prepared by HNTB, dated
7-22~02, revised 8-21-02, (the "Access Plan"), is made a part of this application as Exhibit A.
1. Utilities. Public water and wastewater systems shall be used on Parcels A and B. (U)
2
02SN0284-OCT23-BOS
Electric Power Lines. The electric power lines located generally parallel to Route 60
shall be installed or reinstalled underground at the time of development of Parcel A
and of Parcel C. (P)
Timbering. With the exception of timbering which has been approved by the
Virginia State Department of Forestry for the purpose of removing dead or diseased
trees, there shall be no timbering on Parcels A and B until a land disturbance permit
has been obtained from the Environmental Engineering Department and the approved
devices have been installed. (EE)
Stormwater Management. For the portion of Parcels A and B that draills to the
60/147 Drainage District (towards the golf course) the stormwater management
facility shall be designed to retain the 10-year pest development runoff and release
the nmoff at a 2-year pre-development rate. (EE)
Screening. A minimum eight (8) foot high masonry wall (except in the areas where
access is needed for any stormwater management facility) shall be installed along the
common boundary between Parcels A and B. The masonry wall shall be
architecturally compatible with buildings on Parcel A. (P)
Lighting, Freestanding parking lot light fixtures on the Property shall not exceed
twenty-five (25) feet in height. All lighting shall be reduced to security levels one
hour after the close of business. (P)
Hours of Operation. No use on Parcels A or E shall be open to the public between
the hours of 10 p.m. and 6:30 a.m. Vehicle deliveries, loading, and unloading shall
be restricted to the same hours. (P)
Landscaping.
Within the required setbacks along Midlothian Turnpike, 1.25 times
Perimeter Landscaping C (as defined by the Zoning Ordinance) shall be
installed on the Property.
(StaffNote: Proffered Condition 8.A. supersedes Proffered Condition 7 of
Case 98SN0251 .)
All driveways and parking areas, to include vehicle display areas, on Parcel A
shall be located a minimum of fifty (50) feet from the ultimate right-of-way
of Midlothian Turnpike.
The site shall be developed with a retaining wall generally located along the
common boundary between Parcels Aand B. A row of evergreen plantings
shall be installed along the retaining wall. The exact species, number, and
location of the landscaping shall be determined at the lime of site plan review
and approval. In the event a retaining wall is constructed on the northwest
3
02SN0284-OCT23-BOS
I0.
portion of Parcel B adjacent to Tax ID 736-707-9723, a row of evergreen
plantings shall be installed along the retaining wall. (P)
Buffers. Except for the clearing and grading necessary for the construction of a
stormwater management facility, a storrnwater management facility outfall, any
screening/retaining wall, and utility easements, a buffer shall be maintained on Parcel
B, noted on Exhibit A as "200' Buffer" (the "200 Foot Buffer"). Further, except for
utility easements and the stormwater outfall which are to nm generally perpendicular
through the buffer, the area of disturbance for clearing and grading shall be limited to
the first twenty-five (25) feet of the 200 Foot Buffer closest to Parcel A. At the time
of site plan review, if utility easements or a stormwater management facility ouffall
mn through the 200 Foot Buffer, measures may be required to mitigate the visual
impact of such disturbed areas. (P)
Use Limitations.
A. Except for private conservation areas or preserves, stormwater management
facilities and access thereto, retaining and/or screening walls, landscaping,
utilities, and buffers, no other uses, including public pedestrian access,
sidewalks, or trails, shall be permitted on Parcel B,
B. The following uses shall not be permitted on Parcels A, C, D, or E:
i. Cocktail lounges and nightclubs as a primary use.
ii. Coin operated dry cleaning and/or laundry services.
iii. Material reclamation receiving centers.
iv. Secondhand and eonsigrmaent stores.
v. Taxidermies.
C. In addition to the restrictions listed in 10.B., the following uses shall not be
permitted on Parcels C, D, or E:
i. Outside runs associated with veterinary hospitals and/or kennels.
ii. Residential multifamily and/or townhouse.
iii. Liquor store.
iv. Motor vehicle washes.
v. Motorcycle sales, service, and/or repair.
vi. Theaters.
4
02SN0284-OCT23-BOS
11.
12.
vii.
Motor vehicle sales and/or rental except that parking, accesses,
landscaping, and similar accessory uses for motor vehicle sales and/or
remal (including wholesale sales) shall be permitted on Parcel E.
There shall be no public address systems On the Property.
Any wholesale auctions and body shop activities on Parcel A, except the
storage of vehicles, shall be conducted within an enolosed building. (P)
(Staff Note: Proffered Condition 10 supersedes Proffered Condition I of
Case 98SN0281.)
Transportation Imcrovements. To provide an adequate roadway system for Parcels A
and B, the Developer shall be responsible for the following (except as otherwise
modified by revisions acceptable to the Transportation Department). If any of the
improvements are provided by others, then the specific requirement shall be deemed
satisfied.
Construction of additional pavement along eastbound Midlothian Turnpike at
the approved Property access to provide for a separate right turn lane, based
on Transportation Department standards,
Construction of an additional through lane on eastbound Midlothian Tumpike
along the Parcel A frontage and to join with the existing third lane located to
the east of Parcel A.
Dedication to Chesterfield County, free and unrestricted, of any additional
right-of-way (or easements) required for the improvements identified above.
In the event the Developer is unable to acquire the right-of-way necessary for
the road improvements as described above, the Developer may request, in
writing, the County to acquire such right-of-way as a public road
improvement. All costs associated with the acquisition of the right-of-way
shall be borne by the Developer. In the event the County chooses not to assist
the Developer in acquisition of the "off-site" right-of-way, the Developer
shall be relieved of the obligation to acquire the "off-slte" right-of-way, and
only provide the road improvements that can be accommodated within
available right-of-way as determined by the Transportation Department.
Prior to site plan approval, a phasing plan for the required road improvements
outlined in this proffer shall be submitted to and approved by the
Transportation Department. (T)
Access Control and Cross Access.
A. There shall be no access to Summerfield Drive.
B. Direct access to Parcels A and B from Route 60 shall be limited to one (1)
5
02SN0284-OCT23 -BOS
13.
14.
entrance/exit as generally shown on Exhibit A and as outlined in zoning case
98SN0281. The exact location of this access shall be approved by the
Transportation Department.
Prior to site plan approval, an access easement, acceptable to the
Transportation Department, shall be recorded across Parcel A to ensure
shaved use of the access with the adjacent property to the west. (T)
intersection/Access Design. The accesses shown on Exhibit A and defined by Proffer
12.B. and 12.C. shall be designed as follows:
The Focal Point Intersection (the "Intersection") shall be located a minimum
of 175 feet and a maximum of 320 fee. t from the ultimate right-of-way line of
Route 60 and shall be located at the intersection of the Entry Drive and the
West and East Accesses.
The Intersection and Accesses shall be designed so that the size of Parcel C is
no greater than 1 acre; the size of Parcel D is no greater than 0.8 acres; and
size of Parcel E is no greater than 0.5 acres.
The Intersection shall be designed to give the appearance cfa roundabout or
traffic circle. This appearance shall be created with contrasting paving (e.g.:
pavers, stamped, or textured concrete, or a change in paving color) and
perimeter landscaping. As determined at the time of site plan review, the
Intersection may be further defined with walkways, streetscape features, or
architectural features that help create a focal point for the Property. (P)
Architecture. Any building constructed on Parcel A shall have gable ends on the
main building, curved arch and keystone design at primary entrances, columns
designed to a pedestrian scale including the column base and capstone. Building
materials shall include standing seam metal, synthetic stucco, brick, split face block,
and articulated glazing. In addition, the total square footage of the buildings located
on Parcel A shall not exceed 60,000 gross square feet. (P)
(StaffNote: Proffered Condition 14 supersedes Proffered Condition 6 of Case 98SN0281 .)
GENERAL INFORMATION
Location:
South line of Midlothian Turnpike, west of Murray Olds Drive. Tax IDs 737-707-2091,
2699, 5021 and 6565 and 737-708-3608~ 4320~ 7210 and 9017 (Sheet 6).
Existing Zoning:
A and C~3
6
02SN0284-OCT23-BOS
Siz~e:
19.8 acres
Existing Land Use:
Vacant
Adiacent Zoning and Land Use:
North
South
East
West
- C-3 with Conditional Use Planned Development; Commercial or vacant
- R- 15; Single family residential
- R-15 and A; Single family residential or vacant
- C-3 and R-TH with Conditional Use Planned.Development; Vacant
UTILITIES
Public Water System:
There is an existing sixteen (16) inch water line extending along the south side of Midlothian
Turnpike across the request site. In addition, a six (6) inch water line extends along
Summerfield Drive and terminates adjacent to the southern boundary of the request site. Use
of the public water system is intended and has been proffered on Parcels A and B (Proffered
Condition I). With the approval of Case 98SN0281 use of the public water system was
required by Ordinance for Parcels C, D and I~.
It should be note{i, in conjunction with the grading of this site, relocation of the existing
sixteen (16) inch water line along the Midlothlan Turnpike road frontage will be necessary_
The Utilities Department is proposing to replace this sixteen (16) inch water tine with a
thirty-six (36) inch water line as part of the on-going Capital Improvement Program. The
developer will be reqaired to install a thirty-six (36) inel~ water line in place of the sixteen
(16) inch water line when the line is relocated. The developer will be eligible for
reimbursement of over-sizing costs for the thirty-six (36) inch water line.
Public Wastewater System:
There is a twelve (12) inch wastewater trunk line extending along a tributary of Falling
Creek, adjacent to the southeast boundary of the request site. Use of the public wastewater
system is intended and has been proffered for Paroels A and B (Proffered Condition 1). With
the approval of Case 98SN0281, use of the public wastewater system was required as a
condition of zoning for Parcels C, D and E.
7
02SN0284-OCT23-BOS
ENVIRONMENTAL
Drainage and Erosion:
The property drains via tributaries to Falling Creek, with the majority draining to the
southeast via a tributary through Stonehenge Golf Course. The majority of the property is
located in the Routes 60/147 Drainage District and, as such, the developer will be subject to
payment of a pro-rata fee for improvements within the district. Although this property
participates in the Routes 60/147 Drainage District, the ouffall is located downstream of any
retention basins and the large amount ofrunoffcould harm the delicate balance that has been
achieved along the creek that drains through the golf course and Stonehenge Subdivision. To
maintain this balance, the developer should retain water on-site for quantity in conjunction
with the quality requirement. (Proffered Condition 4)
There are no existing or anticipated on-site drainage or erosion. The off-site drainage and
erosion concerns have been addressed over the past ten (10) years with various construction
projects associated with the Routes 60/147 Drainage District. No adverse erosion or
drainage problems are anticipated ba~ed on the developer's proffer of retaining water.
The majority of Parcels A and B is wooded and should not be timbered without first
obtaining a land disturbance permit from the Environmental Engineering Department. This
will ensure that adequate erosion control measures are in place prior to any land disturbance
(Proffered Condition 3). A similar proffered condition was accepted on Parcels C, D and E
with the approval of Case 98SN0281.
PUBLIC FACILITIES
Fire Service:
The Midlothian Fire Station, Company Number 5, and Forest View Volunteer Rescue Squad
currently provide f~re protection and emergency medical service to this area. This request
will have minimal impact on fire and emergency medical services. 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.
Transportation:
On November 24, 1998, the Board approved Community Business (C-3) zoning (Case
'98SN0281) on 2.0 acres identified as Parcels, C, D and E and accepted proffered conditions.
The proffered conditions include access control; constmcfion of additionai lane of pavement
and right mm lane along Midlothian Turnpike (Route 60). This request will not affect the
previously accepted proffer.
This 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 on the
8
02SN0284-OCT23-BOS
property could generate approximately 7,950 average daily trips. The applicant intends to
develop a motor vehicle sales, retail and body repair facility on Parcels A and E. Based on
new car sales trip rates, development of Parcels A and E could generate approximately 940
average daily trips. Development of Parcels C and D, based on fast foot restaurant with drive
through window trip rates, could generate approximately 2,980 average daily trips. These
vehicles will be distributed along Route 60 which had an estimated 2001 traffic count of
40,878 vehicles per day.
This development will have a direct impact on Route 60. Currem traffic volumes exceed the
capacity of this mad, and drivers experience extreme congestion especially during peak
periods. Route 60 from Courthouse Road to Old Buckingham Road, should be widened to
six (6) lanes, and is identified as a priority on the Board of Supervisors' list of highway
needs. No funds are included in the Virginia Department of Transportation Six-Year
Improvement Program for this improvement.
Development must adhere to the Development Standards Manual in the Zoning Ordinance,
relative to access and internal circulation (Division 5). The Thoroughfare Plan identifies
Route 60 as a major arterial. 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, as generally shown on Exhibit A (Proffered Condition
12.B.). This access will be limited to right-tums-in and right-tums-out only. Proffered
Condition 12.C. requires that an access easement be recorded across the property to provide
shared use of this access with the adjacent property to the west.
In conjunction with recordation of the adjacent subdivision to the south, Stonehenge
Subdivision, a stub mad right of way, Summerfield Drive, was recorded to the subject
property. The applicant has proffered that no access will be provided from the property to
Summerfield Drive. (Proffered Condition 12.A.)
The tritlTlC impact of this development must be addressed. The applicant has proffered to: 1)
consu'uet an additional lane of pavement along the eastbound lanes of Route 60 for the entire
property frontage, and extend this pavement to join with the existing pavement widening to the
east; and 2) construct additional pavement along the eastbound lanes of Route 60 at the
approved access to provide a separate right turn lane (Proffered Condition 11). Constructing the
pavement widening along the adjacent property to the east and constructing the right turn lane
along Route 60 may require the developer to acquire some "off-site" right of way. According
to the proffer, if the developer is unable to acquire the off-site fight of way for these
improvements along Route 60, the developer may request the County to acquire the fight of way
as a public road improvement. All costs associated with the acquisition will be borne by the
developer. If the County chooses not to assist with the right of way acquisition, the developer
will not be obligated to acquire the "off-site" right of way and will only be obligated to
construct road improvements within available right of way. (Proffered Condition I I.C.)
At time of site plan review, specific recommendations will be provided regarding access and
internal site circulation.
9
02SN0284-OCT23-BOS
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Midlothian Area Community Plan which suggests the
property and surrounding area are appropriate for planned transition area uses to include
office, medium density residential housing of 7 to 14 dwelling units per acre, personal
services and community facilities. The Planned Transition Area is intended to promote
decreasing land use intensities in and around centers that serve community trade areas.
The Plan anticipates that the uses proposed by the application be located west of Midlothian
Village north of the subject site in areas designated for Suburban Commercial Uses. The
area so designated north of the site was zoned for such uses prior to adoption of the Plan.
Area Development Trends:
Property to the north is zoned Community Business (C-3) and is occupied by an automobile
dealership or is vacant. Property to the south and a portion of property to the east is zoned
Residential (R-15) and is vacant or occupied by single family residences within Stonehenge
and Stonehenge Mews Subdivisions. Remaining property to the east is zoned Agricultural
(A) and is vacant, Property to the west is zoned Commurdty Business (C-3) and Residential-
Townhouse (R-TH) and is vacant. The Midlothian Area Community Plan suggests that this
portion of Midlothian Turnpike is appropriate for uses that provide transition from the
regional center uses to the east and the Midlothian Village to the west.
Although the adjacent property to the west is designated for planned transitional uses, the
property, along with property on the north and south lines of Farnham Drive, was zoned for a
mixed use development to include commercial, office and residential uses of various
densities. The C-3 property was zoned to allow development of a shopping center w/th
specific design criteria and square footage limitations to insure that the center would serve
the area community versus a mom regional market. Neither the Planning Commission nor
staff supported this rezoning. To date, the shopping center has not been developed,
Zoning History:
On November 24, 1998, the Board of Supervisors approved the rezoning frown Agricultural
(A) to Community Business (C-3) and accepted proffered conditions on that part of the
property identified as Parcels C; D and E on the applicant's Exhibit A. Proffers were
accepted relative to limitation on uses; utilities; erosion control; transportation
improvements; architectural treatment; and enhanced landscaping along Midlothian
Turnpike.
10
02SN0284-OCT23-BOS
DeveloCment Standards:
Currently, the property lies within an Emerging Growth District Area. The purpose of the
Emerging Growth District Standards is to promote high quality, well-designed projects. The
Zoning Ordinance specifically addresses access, landscaping, setbacks, parking, signs,
buffers, utilities and screening for developments within these areas. Any new development
on the property must comply with these requirements.
Site Design:
A Plan, which divides the property into five (5) parcels, has been included in tiffs application
and attached as "Exhibit A'. The Plan depicts Parcel "A", which is to be rezoned to
Commun/ty Business (C-3) with Conditional Use and Conditional Use Planned
Development; Parcel "B", which is to remain Agricultural (A), but will be subject to
proffered conditions; and Parcels "C', "D' and "E', which are currently zoned Community
Business (C-3) and have been included for the purpose of amending some of the proffered
conditions of Case 98SN0281.
Exhibit A, submitted with the application, depicts an access from Midlothian Turnpike. The
access drive from Midlothian Turnpike and access to the properties east and west of the
access drive is intended to form an intersection that will give the appearance of a traffic circle
(Focal Point Intersection). (Proffered Condition 13)
Uses:
The uses permitted on Parcels C, D and E were restricted by Case 9gSN0281, Proffered
Condition 1. The proffer eliminated some of the uses permitted in a C-3 District to include a
prohibition against motor vehicle sales and/or rental. This application proposes to amend
the previou, sly accepted proffer by allowing motor vehicle sales and/or rental parking,
accesses, landscaping and similar accessory uses for such sales and/or rental on Parcel E
(Proffered Condition 10). The applicant has verbally indicated that the intent is to provide a
transition between the C~3 property to the west and a proposed automobile dealership on
Parcels A and E. The uses permitted on Parcels C and D would be restricted, but would
allow uses other than typical shopping center type uses.
For Parcel A, the proffers would eliminate some of the uses permitted in the C-3 District, but
would allow motor vehicle sales and/or rental (Proffered Condition 10). It should be noted
that motor vehicle sales and rental and as accessory to sales and rental, service and repair to
exclude body, major engine and transmission repair is a restricted use in the C~3 District.
The restrictions are that the.set back be a minimum of 100 feet from adjacent R or A Districts
that are shown on the Plan for residential or office uses and that such setback be landscaped;
that storage yards for vehicles awaiting repair be screened from property wh~e such uses are
not permitted, from public roads and from A property shown on the Plan for residential or
office use; that all garage type doors be oriented away from, or screened from view of
adjacent residential or office zoned properties, external roads or A properties shown on the
11
02SN0284-OCT23-BOS
Plan for residential or office use; and that there be no elevated display of motor vehicles. If
these restrictions cannot be met, the Ordinance allows for a Conditional Use Permit. A
Conditional Use has been requested on Parcel A because relief to the 100 foot setback along
the eastern boundary adjacent to Agricultural (A) zoning is proposed. The Agricultural (A)
parcel is designated on the .P. lan for office, residential or personal services uses.
A Conditional Use Planned Development has also been requested on parcel A to allow body,
major engine and transmission repair which is not permitted in a C~3 District. Without the
Conditional Use and Conditional Use Planned Development the uses proposed by this
application would first be permitted by right in a General Business (C-5) District.
Uses permitted in Parcel B which would remain zoned Agricultural (A) would be restricted
to essentially provide a buffer area adjacent to Stonehenge Subdivision and a
retention/deletion basin. (Proffered Condition 10.A,)
Hours of Operation:
Proffered Condition 7 restricts the hours of operation that any use would be open to the
public on Parcels A or E. There would be no hour limitations for uses located on Parcels C
or D. Following the Commission's consideration of this case Proffered Condition 7 was
modified to address hours limitations or vehicle deliveries, loading and unloading.
Buffers and Screening:
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.
To address concerns from citizens of the residential development to the south and east, as
well as topographic changes, the applicant has agreed to provide a masonry wall as a screen,
and a retaining wall along the boundary between Parcels A and B (Proffered Conditions 5
and $.C.). The masonry wall would be architecturally compatible with any buildings on
· Parcel A. The proffers do not address the treatment of any retaining wall. Evergreen
plantings are proposed along the retaining wall.
Proffered conditions propose a 200 foot buffer on Parcel B adjacent to existing residentially
zoned property to the south and east. (Proffered Condition 9)
To address citizens' concerns relative to the visibility of lighting sources from adjacent
residential properties, the applicant has agreed that freestanding parking lot lighting fixtures
will not exceed a height of twenty~five (25) feet and that all lighting will be reduced to
12
02SN0284-OCT23-BOS
security levels one (1) hour after close of business (Proffered Condition 6). The enforcement
of this condition with respect to the timing of security lights will be difficult.
Landscaping:
The applicant has indicated an .intent to seek relief of the requirement to maintain existing
trees having a caliper of eight (8) inches or greater within the required setback along
Midlothian Turnpike through the site plan review process. The Zorfing Ordinance allows the
Director of Planning or Planning Commission to allow removal of trees within the setback at
the time of site plan review. As a result of on-site meetings, the Planning Department has
given their preliminary support of removal of vegetation should this case be approved, due to
the need for extensive grading along the frontage. A final determination will not be made
until site plan review and approval. In anticipation of this tree removal, the applicants have
agreed to install landscaping in excess of that required by the Ordinance within the setback
(Proffered Condition 8.A.). This proffer would also supersede Proffered Condition 7 of Case
98SN0281 which required enhanced landscaping along Midlothian Turnpike for Parcel C. It
should be noted that if this case is approved and subsequently, tree removal within the
Midlothian Turnpike setback is approved through site plan review, additional conditions may
be imposed through the site plan review process.
Architecture:
Proffered Condition 14 addresses the architectural style and materials for any building
constructed on Parcel A. It should be noted, as this property is one project, development on
the remaining parcels would be required to employ similar architectural style and materials.
Proffered Condition 14 would supersede Proffered Condition 6 of Case 98SN0281 for
Parcels C, D and E which required that the architectural treatment on those parcels be similar
to that of the Shoppes at Railey Hill, Chesterfield Meadows and/or Village Market Place.
Further, Proffered Condition 14 limits tile square footage of buildings on Parcel A to 60,000
gross square feet. The applicant has indicated that the square'footage limitation is intended
to be consistent with the limitations accepted on the adjacent C-3 property to the west
(Bonarco/Marchetti) which limited tenant sizes (65,000 gross square foot grocery store, a
second tenant at 30~000 gross square feet and all other tenants at 15,000 gross square feet; or
a tenant at 40,000 gross square feet, a second tenant at 30,000 gross square feet and all other
tenants not to exceed 15,000 gross square feet). The limitations on the adjacent property to
the west were intended to insure that the uses developed on that property would be uses that
would serve the immediate community versus the uses proposed by this application which
will serve a more regional market.
CONCLUSIONS
The proposed zoning and land uses do not conform to the Midlothian Area Community Plan which
suggests the property is appropriate for planned transition area use. The Plan further states the area
is appropriate for mixed use development that contributes to an overall ~aasition to a smaller scale,
13
02SN0284-OCT23-BOS
pedestrian-oriented environment in Midlothian Village. Primary uses would include office,
residential (7 to 14 units per acre), personal services and. community facilities. The intensity of
commercial uses at this location is contrary to the purpose and intent of the C-3 District which states
that such developments should be located along major arterials at their intersections with arterials.
While it may be contended that given existing zoning and land use pattems it is unrealistic to anticipate
that the suggestions of the Plan can be achieved, the intensity of the uses proposed by this application
are inappropriate given the goals of the adopted Plan. Specifically, the Plan suggested that the uses
proposed by this application should be located to the east around the intersection of Route 60 and
Huguenot~Com-thouse Roads or to the west of the Village of Midlothian near Wintexfield Road and
Route 60. As previously indicated, the motor vehicle sales and service is first a use permitted by right
in a General Business (C-5) District. The Plan attempts to steer community commercial uses to the
Midlothian Village Core and to preclude "typical strip" commercial development along Midlothian
Tampike between the Chesterfield Towne Center and the entrance to the Village. Previous and
subsequent zoning decisions within this part of the Corridor may, however, have preempted the ability
to achieve this land use pattern. Given these decisions and the subsequent development that has
occurred, it may be appropriate to consider some commemial uses of the subject property; however,
those uses would be more appropriate if planned and compatible with those uses would be more
appropriate if planned and Compafible with hose uses approved for the adjacent C-3 property to the
west (Bonarco/Marchetti Shopping Center), but yet to be developed. Uses that would be logically
located within a shopping center and hence an extension of the approved shopping center would be
more appropriate than a continuation of automobile dealerships. Since the adjacent C-3 property is yet
to be developed, approval of this request could establish a precedent for mom intense uses on the
adjacent C-3 property to the west.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (7/16/02):
At the request of the applicant, the Commission deferred this case to September 17, 2002.
Staff (7/17/02):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than July 22, 2002, for consideration at the Commission's
September 17, 2002, public hearing. Also, the applicant was advised that a $140.00 deferral
fee must be paid prior to the Commission's public hearing.
14
02SN0284-OCT23-BOS
Area property owners, staff and Midlothian District Planning Commissioner (7/18/02):
A meeting was held to discuss this proposal. There was discussion relative to the
Comprehensive Plan. Concerns were expressed relative to the proposed uses; the precedent
this proposal might set; and site and architectural design.
Applicant (7/26/02):
The application was amended to include additional property to the west.
Applicant (8/7/02):
The applicant paid the $140.00 deferral fee.
Staff (8/23/02 and 8/28/02):
The applicant submitted revised proffered conditions.
Applicant (9/I 5/02):
Revised and additional proffered conditions were submitted.
Planning Commission Meeting (9/17/02):
The applicant did not accept the recommendation. There was support and opposition
present. Those in support indicated that the proposal offers a significant buffer adjacent to
Stonehenge; offers a positive economic benefit to the County; and addresses drainage, noise,
lighting and proltibition against access to Famham.
Those in opposition indicated that the proposal fails to comply with the Plan; and that
approval could establish a precedent to more intense uses on the adjacent property to the west
(Bonarco/Marchetti).
Mr. Gecker indicated that a car dealership would negatively impact the future development
of the adjacent property to the west and that there are other uses that would be more
15
02SN0284-OCT23-BOS
appropriate on the property and such uses may also provide substantial protection for the
Stonehenge neighborhood. He indicated that citizens need to be able to rely on the Plan.
Mr. Cunningham noted that the Plan is only a guide and that if the proposal were in his
district, he would support it, but as a courtesy he would support Mr. Geeker.
Mr. Stack indicated that he would support the Plan and the citizens who had worked on the
drafting of the Plan.
Mr. Litton indicated that he would support Mr. Gecker and expressed concerns that approval
of this case could set a precedent for more intense uses on the property to the west.
Mr. Cmlley indicated that through the approval of the commercial zoning to the west
(Bonareo/Marehetti), he felt that the Board had "artificially" moved the demarcation of
where the Plan actually applies. He stated that given existing and approved area land uses
and the substantial protection offered for Stonehenge, he felt the proposed uses to be
appropriate.
On motion of Mr. Oecker, seconded by Mr. Stack, the Commission recommended denial of
this request.
AYES: Messrs. Litton, Gecker, Cunningham and Stack.
NAY: Mr. Cmlley.
Applicant (9/20/02);
Proffered condition 7 was modified, as discussed herein.
The Board of Supervisors, on Wednesday, October 23, 2002, beginning at 7:00 p.m., will take under
consideration this request.
16
02SN0284-OCT23-BOS
o
!
!
U.S, ROUTE 60
MIDLOTHIAN TRNPK
oZSNO