13SN0162CASE MANAGER: Robert Clay
January 23, 2013 BS
ADDENDUM
13 SN0162
MidloGreen, LLC
and
Tak Tent L.P. (GRCRE, LLC)
Midlothian Magisterial District
Northeast corner of North Woolridge and Coalfield Roads
The purpose of this addendum is to advise the Board of the Planning Commission's
recommendation for this case.
REQUEST: Amendment of conditional use planned development (Case 91SN0172) to permit a
farmers' market and outdoor vendors in Corporate Office (0-2) and Community
Business (C-3) Districts.
PROPOSED LAND USE:
A farmers' market with outdoor vendors, to operate on a temporary basis, is planned.
Staff continues to recommend approval as outlined in the "Request Analysis."
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2 OF THE
"REQUEST ANALYSIS."
CASE HISTORY
Planning Commission Meeting (1/15/13):
The applicant's representative accepted the recommendation. There was support present.
On motion of Mr. Waller, seconded by Dr. Wallin, the Commission recommended approval
subject to the conditions on page 2 of the "Request Analysis."
AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller.
Providing a FIRST CHOICE community through excellence in public service
The Board of Supervisors on Wednesday, January 23, 2013 beginning at 6:30 p.m., will take under
consideration this request.
13SNO162 JAN23-BOS-ADD
CASE MANAGER: Robert Clay
BS Time Remaining:
365 days
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
13 SN0162
MidloGreen, LLC
and
Tak Tent L.P. (GRCRE, LLC)
January 23, 2013 BS
Midlothian Magisterial District
Northeast corner of North Woolridge and Coalfield Roads
REQUEST: Amendment of conditional use planned development (Case 91SN0172) to permit a
farmers' market and outdoor vendors in Corporate Office (0-2) and Community
Business (C-3) Districts.
PROPOSED LAND USE:
A farmers' market with outdoor vendors, to operate on a temporary basis, is planned.
PLANNING COMMISSION RECOMMENDATION
THE PLANNING COMMISSION IS SCHEDULED TO HEAR THIS CASE AT THEIR
MEETING ON TUESDAY, JANUARY 15, 2013. STAFF WILL ADVISE THE BOARD OF THE
COMMISSION'S ACTION AFTER THEIR MEETING.
RECOMMENDATION
Recommend approval for the following reasons:
A. The Midlothian Area Community Plan suggests the properties are appropriate for
village square and village fringe uses (Site 2) and planned transition uses (Site 1).
While the proposed farmers' market within Site 1 does not conform to the land
uses suggested by the Plan, this use provides a unique pedestrian -oriented
opportunity within the village, working in synergy with area retail, recreation and
residential development.
B. As conditioned, the interim use of the properties will maintain compatibility with
existing and anticipated area development.
Providing a FIRST CHOICE community through excellence in public service
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS.)
CONDITIONS
1. The conditional use shall be granted to MidloGreen, LLC and Tak Tent L.P.
(GRCRE, LLC) exclusively and shall not be transferrable or run with the land.
The farmers' market shall only be operated by Grow RVA. (P)
2. All activities associated with the market and vendors, including booths and
merchandise displays shall be located within the areas identified as Sites 1 or 2 on
Exhibit A. (P)
3. The market and vendors shall be permitted to operate from April through
December on Saturdays from 1:00 p.m. until 5:00 p.m. (P)
4. No continuous or overnight storage or display of merchandise shall be permitted.
(P)
5. The property owner shall be responsible for the removal of litter from the market
and parking areas at the close of business each operating day. (P)
6. The farmers' market shall not operate simultaneously on Sites 1 and 2, as
identified on Exhibit A. (P)
7. This conditional use approval shall be granted for a period of five (5) years from
the date of approval. (P)
8. There shall be no permanent structures or permanent signage erected to
accommodate or identify this use. (P)
GENERAL INFORMATION
Location:
The request property is located on the northeast corner of North Woolridge and Coalfield
Roads, also fronting on the west line of North Woolridge Road, south of Walton Park Road.
Tax IDs 728-704-9939 and 731-705-2856.
Existing Zoning:
Size:
0-2 and C-3 with conditional use planned development
30.2 acres
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Existing Land Use:
Office or vacant
Adjacent Zoning and Land Use:
North — R-TH and A, both with conditional use planned development; Public/semi-public or
vacant
South — R-TH, A and C-3, all with conditional use planned development, and A with
conditional use; Public/semi-public or vacant
East — A and C-3, both with conditional use planned development; Public/semi-public or
vacant
West — R-15, R-9 and R -MF, all with conditional use planned development; Multi -family
residential
T TTTT .TTTF c
The request site is currently connected to both the public water and wastewater systems. This
request will not impact the public utilities systems.
ENVIRONMENTAL
This proposal 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:
This proposal will have no impact on these facilities.
Virginia Department of Transportation (VDOT):
VDOT understands that existing commercial entrance(s), with appropriate sight distances
maintained, will continue to be used, unchanged.
3 13SNO162-JAN23-BOS-RPT
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 planned transition area, village
square and village fringe uses.
Area Development Trends:
The area is characterized by a mix of office and public/semi-public uses and residential
development. These uses are expected to continue in the area, as suggested by the Plan.
Zoning History:
On March 12, 1997 the Board of Supervisors, upon a favorable recommendation by the
Commission, approved a rezoning to Residential (R-9 and R-12), Residential Townhouse
(R-TH), Residential Multi -family (R-TH), Corporate Office (0-2) and Community
Business (C-3) with conditional use planned development on a 440 acre tract to permit a
mixed use project known as "The Grove" (Case 91SN0172). This case incorporated the
subject property, known as Parcels 1 and 8 on the zoning plat submitted with that case.
Parcel 1, which includes "Site F on Exhibit A, permits office uses, banks and savings
and loans. Parcel 8, which includes "Site 2", permits C-3 uses along with exceptions for
office, residential, outdoor recreational and public/semi-public uses.
On December 13, 2006 the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved an amendment to Case 91 SNO172 relative to
setbacks and building height requirements (Case 07SN0140). The subject property was
included in this amendment.
Use Limitations:
The request property is part of the site known as "The Grove," a mixed use project
containing commercial, office, residential and public/semi-public uses. The applicant plans
to operate a farmers' market which will include outdoor vendors (prepared food and fruit
and vegetable sales). The uses currently allowed on the property are limited through the
existing conditional use planned development approval and do not include farmers' markets,
thereby necessitating a zoning amendment.
Conditions are recommended to limit the impact of the proposed market use on area
development.
Condition 4 would prohibit continuous or overnight storage or display of merchandise.
Operation of the market would be permitted on Saturdays 1:00 p.m. until 5:00 p.m. during
April through December, for a five (5) year time period (Conditions 3 and 7). In addition,
4 13SNO162-JAN23-BOS-RPT
conditions limit approval to the property owners only and only allows Grow RVA to operate
the farmers' market. (Condition 1)
Site Development:
The market would be operated only on Sites 1 or 2, but not at the same time (Conditions 2
and 6). All activities associated with the market, including vendor booths and merchandise
displays, would be required to be located within Sites 1 or 2 as shown on Exhibit A
(Condition 2). No additional permanent structures or signage would be permitted to
accommodate this use (Condition 8). Existing parking areas would be used when the market
is operational.
The property owner would be required to remove litter from the market and parking areas at
the close of business each operating day. (Condition 5)
CONCLUSION
The proposed farmers' market provides a unique pedestrian friendly opportunity within the
village, complimenting existing and planned historical, cultural, recreational and retail venues. In
addition, as conditioned, the interim use of the properties will maintain compatibility with
existing and anticipated area development.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Staff (12/14/12):
If the Planning Commission acts on this request on January 15, 2013, the case will be
considered by the Board of Supervisors on January 23, 2013.
The Board of Supervisors, on Wednesday, January 23, 2013, beginning at 6:30 p.m., will take
under consideration this request.
13 SNO 162-JAN23-B OS -RPT