12SN0241CASE MANAGER: Robert Clay
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February 27, 2013 BS
BS Time Remaining: STAFF'S
365 days REQUEST ANALYSIS
AND
RECOMMENDATION
12SN0241
Stonehenge Village, LLC
Midlothian Magisterial District
South line of Midlothian Turnpike
REQUEST: Rezoning from Residential Multifamily (R-MF), Corporate Office (O-2) and
Community Business (C-3) to Community Business (C-3).
PROPOSED LAND USE:
Commercial uses, except as restricted by Proffered Condition 4, are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 10.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land uses, properly conditioned, conform to the
Midlothian Area Community Plan, which suggests the property is appropriate for
planned transition and passive recreation/conservation area uses.
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. CONDITIONS
NOTED "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE
COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITIONS
The Owners and the Developer (the "Developer") in this zoning case, pursuant to
Section15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance
of Chesterfield County, for itself and its successors or assigns, proffers that the
development of the property known as Chesterfield County Tax Identification Numbers
734-707-9821, 735-707-0222, 735-707-6669, 735-707-9536, 736-707-4093, 736-707-
8355, 737-707-2091, and 737-707-2699 (the "Property") under consideration will be
developed according to the following conditions if, and only if, the request for the
rezoning is granted. In the event the request is denied or approved with conditions not
agreed to by the Developer, these proffers shall immediately be null and void and of no
further force or effect.
The application contains seven exhibits described as follows:
Exhibit A -Plan titled "Stonehenge Village Shopping Center, Option 1"
prepared by RK&K, dated 10/23/2012.
Exhibit B -Plan titled "Stonehenge Village Shopping Center, Option 2"
prepared by RK&K, dated 10/23/2012.
Exhibit C -Plan titled "Stonehenge Village Shopping Center" prepared by
RK&K, dated 8/16/2012, and last revised 9/28/2012. Any details of shown
on Exhibit C are not intended to reflect an exact building size, shape,
precise location, or design of the building or parking lots, except as
expressly set forth in the proffers.
Exhibits C.1 -Plan titled "Stonehenge, South Buffer Landscape Plan"
prepared by Higgins &Gerstenmaier, dated 2/4/2013.
Exhibit C2 -Plan titled "Stonehenge, East Buffer Landscape Plan"
prepared by Higgins &Gerstenmaier, dated 2/4/2013.
Exhibit D - Architectural rendering titled "Stonehenge Village,
Midlothian," prepared by Freeman Morgan Architects, delineating the
front, left, right, and rear elevations.
Exhibit E -Plan titled "Stonehenge Shopping Center, BMP Exhibit,
Chesterfield County," prepared by RK&K, and dated 9/25/2012.
(STAFF/CPC) 1. Site Layout. The Property shall be developed pursuant to one of
the two Options set out in Exhibit A or Exhibit B. The location of
the various uses are generally shown on Exhibits A and B,
respectively, and the parking for the various uses shown on
Exhibits A and B will be established at the time of site plan. The
buildings delineated on Exhibits A and B are not intended to
reflect an exact building size, shape, or precise location but to
reflect general locations and their relationships to other uses on the
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Property. Additional information regarding the uses and building
are set forth below.
A. Option 1
(i) An in-line shopping center located generally on the
western portion of the Property and running east-
west generally along the southern boundary of the
Property. The in-line shopping center can be one or
more multi-tenant buildings.
(ii) A "large tenant building" located along the eastern
portion of the Property with the front of the building
facing west.
(iii) Outparcels fronting on Midlothian Turnpike.
B. Option 2
(i) An in-line shopping center running east-west
generally along the width of the southern boundary
of the Property. The in-line shopping center can be
one or more multi-tenant buildings.
(ii) Outparcels fronting on Midlothian Turnpike. (P)
(STAFF/CPC) 2. Buffers.
A. The following buffers shall be constructed.
(i) A 75-foot buffer along the southern boundary of
and within the Property where it abuts the R-TH
Tract. (NOTE: Pursuant to case 95SN0186 a
25-foot buffer was provided within the R-TH zoned
property to the south.)
(ii) A 100-foot buffer along Farnham Drive, the
westernmost edge of which shall be located
approximately 750 feet from its intersection with
Midlothian Turnpike (Route 60). Within this
buffer, a berm shall be constructed varying in height
from ten (10) to twenty (20) feet and extended to
any retention pond or BMP facility along Farnham
Drive. (NOTE: This requirement is the same as set
forth in case 95 SN0186.)
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(iii) These buffers shall conform to the requirements of
the Zoning Ordinance except as provided in
Proffered Condition 2.D. below.
(iv) In addition to the Zoning Ordinance requirements, a
berm shall be constructed varying in height from
fifteen (15) feet to twenty (20) feet, or higher if
desired by the Developer, within the Property that is
adjacent to the R-TH zoned property. (NOTE:
Pursuant to case 95SN0186 a portion of this berm is
located on the R-TH zoned property to the south.)
B. A pressure treated two-sided solid board privacy fence shall
be installed on top of the berm generally in the area shown
on Exhibit C and more specifically shown on Exhibit C.1
as "6' P.T. Privacy Fence." The fence shall be a minimum
of six (6) feet and increased up to a maximum of eight (8)
feet as needed to help minimize views of the parking lot
light poles, building mounted lights, and to screen loading
docks. In addition, the height of the parking lot light poles
shall vary across the Property and as delineated on Exhibit
C.
C. The Developer shall complete any earthwork needed on the
berm to satisfy Proffered Condition 2.A(iv). Once a
section of the berm has been raised to its ultimate height
and is stable, the Developer shall install the above
referenced fence as set forth in Proffered Condition 2.B.
The fence installation shall be phased, provided it is
completed no later than June 1, 2013. If construction on the
site is halted due to weather or other problem, the fence
installation may be delayed the equivalent amount of days
the construction has been halted.
D. The Developer shall begin installation of the trees (oaks,
maples, redbuds) shown on Exhibit C.1 and located on the
south side of the fence generally at the same time as the
fence installation, provided the tree installation is
completed no later than June 1, 2013. If construction on the
site or buildings is halted due to weather or other problem,
the tree installation may be delayed the equivalent amount
of days the construction has been halted.
E. The remaining landscaping shown on Exhibits C.1 and C2
shall (subject to seasonal restrictions) be complete prior to
the issuance of any temporary or final certificates of
occupancy for any building on the Property. [NOTE: Small
ornamental deciduous trees on the commercial side of the
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berm and fence may be changed to evergreen trees as
approved by the Planning Department.]
F. Prior to the issuance of any temporary or final certificates
of occupancy for any building on the Property, the
Developer shall construct a fence, extending from the
existing six (6) foot high decorative metal picket fence
around the BMP and running along the length of the eastern
property line of GPIN 735-707-3648. The fence extending
from the existing fence around the BMP shall be the same
design as that existing fence provided that it shall be no
shorter than four (4) feet in height. In addition, at the time
of construction of any building or parking that is located
along any portion of the eastern property line of GPIN 735-
707-3648, the Developer shall install Perimeter
Landscaping C. This landscaping shall include an
evergreen hedgerow of shrubs and trees planted in a
manner to provide visual separation for car headlights that
may shine into GPIN 735-707-3648. The plan for such
landscaping shall be approved by the Planning Department
at the time of site plan approval. At the time that GPIN
735-707-3648 is developed for commercial and/or office
uses, or no longer used for residential purposes, the fence
and the landscaping installed pursuant to this section may
be removed or changed.
G. The Developer shall maintain the landscaping and fences
required by this proffered condition. (P)
(STAFF/CPC) 3. Architecture.
A. All shopping center buildings on the Property shall be in
keeping with Exhibit D. Franchise-type outparcel buildings
or other freestanding commercial users shall be allowed to
project their individual corporate images provided the
architectural treatment of buildings, including materials,
color and style, shall be compatible with the buildings
shown on Exhibit D and as provided by the Zoning
Ordinance.
B. Elevations of the rear walls of any building(s) shall be
constructed with architectural elements consistent with the
overall architectural treatment shown on Exhibit D. (P)
(STAFF/CPC) 4. Uses. The following uses shall not be permitted:
A. Automobile and motorcycle sales, service, and/or repairs.
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B. Cocktail lounges and nightclubs.
C. Coin operated dry cleaning, pressing, laundry, and
laundromats.
D. Funeral homes or mortuaries.
E. Greenhouses or nurseries, except as an accessory use.
F. Hotels.
G. Indoor flea markets.
H. Material reclamation receiving centers.
I. Motor vehicle consignment lots.
J. Outside public address systems.
K. Residential multifamily and townhouses.
L. Taxidermies.
M. Theaters.
N. Veterinary hospitals and/or commercial kennels.
O. Warehouses. (P)
(STAFF/CPC) 5. Stormwater.
A. With the exception of that portion of the Property that
drains to the existing pond on the Stonehenge Golf and
Country Club property, stormwater shall be stored so that
the storage volume is that of a 50-year post-development
storm with a release of a 10-year pre-development storm.
For that portion of the Property that drains to the existing
pond on the Stonehenge Golf and Country Club property,
stormwater shall be stored so that the storage volume is that
of a 50-year post-development storm with a release of a
two-year pre-development storm.
B. For any drainage area that will ultimately drain to the
existing pond on the Stonehenge Golf and Country Club
property, the Developer shall not opt out of the provisions
of the Chesapeake Bay Preservation Act as adopted by
Chesterfield County.
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C. The portion of the Property shown on Exhibit E and used
for the stormwater management pond with an easement
recorded in Deed Book 8190, Page 481-487, shall be
limited to stormwater management and not for any
commercial or office use or building. (EE)
(STAFF/CPC) 6. Access.
A. Access to Route 60 shall be limited to two (2)
entrances/exits. The westernmost access shall be designed
and constructed to be shared with the adjacent properties to
the west. The exact location of the shared access shall be
approved by the Transportation Department. Prior to site
plan approval, an access easement, acceptable to the
Transportation Department shall be recorded.
B. There shall be no vehicular access from the Property to
Farnham Drive. (T)
(STAFF/CPC) 7. Transportation Improvements. To provide an adequate roadway
system, 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
improvement(s) 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 condition:
A. Construction of an additional lane of pavement (i.e., third
through lane) along the eastbound lanes of Route 60 for the
entire Property frontage.
B. Construction of additional pavement along the eastbound
lanes of Route 60 at each approved access to provide a
separate right turn lane.
C. Construction of a restricted crossover on Route 60 located
approximately 600 feet east of the existing Route
60/Walmart Way intersection.
D. Construction of additional pavement along the westbound
lanes of Route 60 at the restricted crossover to provide a
left turn lane.
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E. Construction of additional pavement along the westbound
lanes of Route 60 at the crossover that serves Walmart Way
to provide dual left turn lanes into the Property.
F. Full cost of traffic signalization modification at the Route
60/Walmart Way/Property access.
G. Construction of additional pavement at the Property access
at its intersection with Route 60/Walmart Way to provide a
six-lane typical section [i.e. two (2) southbound lanes and
four (4) northbound lanes].
H. Dedication to the County of Chesterfield, free and
unrestricted, any additional right-of--way (or easements)
required for the improvements identified above. (T)
(STAFF/CPC) 8. Phasing Plan. Prior to any site plan approval, a phasing plan for the
required road improvements, as identified in Proffered Condition
7, shall be submitted to and approved by the Transportation
Department. The approved phasing plan shall require, among other
things, that: 1) prior to the issuance of an occupancy permit for any
development, the road improvements identified in Proffered
Condition 7.A, 7.B, 7.E, 7.F and 7.G shall be completed as
determined by the Transportation Department; and 2) prior to the
issuance of an occupancy permit for a cumulative total of more
than 7,900 square feet of high turnover sit-down restaurant and
6,200 square feet of quality restaurant, or equivalent density as
determined by the Transportation Department, the road
improvements as identified in Proffered Condition 7.C and 7.D
shall be completed as determined by the Transportation
Department. (T)
(STAFF/CPC) 9. Utilities. The public water and waste water system shall be used.
(U)
(STAFF/CPC) 10. Transportation DensitX. For transportation purposes, the maximum
density of this development shall be 135,000 square feet of
supermarket, 75,300 square feet of shopping center, 7,900 square
feet of high turnover sit-down restaurant, 6,200 square feet of
quality restaurant, and 8,300 square feet of fast-food restaurant
with drive-thru or equivalent density as determined by the
Transportation Department. (T)
(STAFF/CPC) 11. Site/LJse Restrictions.
A. No more than one gasoline station shall be permitted on the
Property.
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B. There shall be no parking lot maintenance, sweeping, and
normal site maintenance between 11 p.m. and 6 a.m. except
in the case of an emergency, hurricane, snow removal,
other natural event, or act of God.
C. Large tenant building.
(i) If a "large tenant building" is constructed on the
Property pursuant to Exhibit A (Option 1), all
loading areas for that building shall be oriented
toward the eastern end of the Property.
(ii) The "large tenant building" shall be closed to the
public between 12 p.m. and 6 a.m.
(iii) The Developer shall post "no idling" signs at the
truck docks or loading areas for the "large tenant
building."
(iv) The parking lot lights for the parking areas
associated with the "large tenant building" shown
on Exhibit A as shall be dimmed to security levels
one hour after the use is closed for business to the
public.
D. In-Line Shopping Center.
(i) The in-line shopping center shall be closed to the
public between the hours of 11 p.m. and 6 a.m.
(ii) There shall be no truck deliveries for the in-line
shopping center between the hours of 11 p.m. and 6
a. m.
(iii) The Developer shall post "no idling" and "no
deliveries between 11 p.m. and 6 a.m." signs at the
truck docks or loading areas for the in-line shopping
center.
(iv) The parking lot lights for the parking areas
associated with the "in-line shopping center" shown
on Exhibit A as shall be dimmed to security levels
one hour after the use is closed for business to the
public.
(v) If a grocery store is constructed as part of the in-line
shopping center, the grocery store shall not exceed
65,000 square feet gross floor area. (P)
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E. There shall be no refuse, waste, or recycling pick-up on the
Property between 9:00 p.m. and 7:00 a.m. (P)
GENERAL INFORMATION
Location:
The request property is located on the south line of Midlothian Turnpike, across from
Walmart Way. Tax IDs 734-707-9821; 735-707-0222, 6669 and 9536; 736-707-4093 and
8355; and 737-707-2091 and 2699.
Existing Zoning:
R-MF with conditional use planned development, O-2 with conditional use and C-3
Size
37.1 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North - C-3; Commercial uses
South - R-TH with conditional use and R-MF with conditional use planned development;
Townhouse and multifamily residential uses
East - A; Vacant
West - A and R-MF; Single-family residential or vacant
t TTrr TTrF c
Public Water Svstem:
The request site is located within the Robious water pressure zone. Water lines are currently
under construction for the request site, in accordance with Site Plan 07PR0277. The
applicant has proffered to use the public water system. (Proffered Condition 9)
Public Wastewater Svstem:
The request site is located with the Falling Creek sewer service area. Wastewater lines
are currently under construction for the request site, in accordance with Site Plan
07PR0277. The applicant has proffered to use the public wastewater system. (Proffered
Condition 9)
10 12SN0241-FEB27-BOS-RPT
ENVIRONMENTAL
Drainage and Erosion:
The subject property has an active land disturbance permit and the conditions of the
original zoning have been met from a water quantity and quality standpoint. There is no
adverse affect from the proposed rezoning.
Condition S.C., in which the applicant shall limit the recorded easement for the stormwater
management area, such that no future office or commercial uses can be placed within the
area (See attached Exhibit E), is acceptable to Environmental Engineering.
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:
In April 1995 the Board of Supervisors approved a rezoning request (Case 95SN0186)
consisting of approximately sixty-eight (68) acres from Agricultural (A) and Residential
(R-15) to Residential Townhouse and Multifamily (R-TH/R-MF), Corporate Office (O-
2), and Community Business (C-3). With that zoning approval, the Board accepted
proffered conditions relative to Transportation that, among other things provided a
maximum density. Based on the proffered maximum density, the zoning case was
anticipated to generate approximately 14,760 average daily trips. To date approximately
106 condominiums and forty-five (45) townhomes have been developed on the property.
The applicant submitted a traffic study that satisfies the Transportation Department's
requirements for an analysis of the site's traffic at build-out, based on a twenty (20) year
projection of local traffic plus traffic volume projections from anticipated development of
adjacent parcels. Based on the traffic study, the intersection of Route 60 and Walmart
Way will function at an overall Level-of-Service D during p.m. peak hours at full build-
out with twenty (20) year traffic projections.
The applicant has proffered a maximum density on the property, consistent with the
approved traffic study, of 135,000 square feet of supermarket, 75,300 square feet of
shopping center, 7,900 square feet of high turnover restaurant, 6,200 square feet of
quality restaurant, and 8,300 square feet of fast food restaurant with drive-thru, or
equivalent density (Proffered Condition 10). The proposed development is anticipated to
generate approximately 22,000 average daily trips (ADT). Vehicles from this
development will be initially distributed along Route 60, which had a 2011 Virginia
Department of Transportation traffic count of 41,000 vehicles per day. The County is
administering a project, using state and federal funds, to widen Route 60 from four (4) to
11 12SN0241-FEB27-BOS-RPT
six (6) lanes from Courthouse Road to Old Buckingham Road. Preliminary engineering is
expected to begin this winter to determine the project scope.
Access to major arterials, such as Route 60, should be controlled. The applicant has
proffered to limit vehicular access to two (2) entrances/exits along Route 60 and to
provide an access easement to the adjacent properties to the west (Proffered Condition
6.A.). The western access will align with the existing crossover on Route 60 that serves
Walmart Way. A new restricted (left-in only) crossover will be constructed on Route 60
to align with the eastern access. The applicant has proffered that there shall be no direct
vehicular access from the property to Farnham Drive to address adjacent neighborhood
concerns. (Proffered Condition 6.B.)
Mitigating road improvements must be provided to address the traffic impact of this
development. In Proffered Condition 7, the applicant has committed to:
1) Construct an additional lane of pavement along Route 60 for the entire property
frontage;
2) Construct a separate right turn lane at each approved access;
3) Construct a restricted (left-in only) crossover on Route 60 approximately 600 feet
east of the Route 60/Walmart Way intersection;
4) Construct a left turn lane at the restricted crossover to serve the eastern access;
5) Construct dual left turn lanes along westbound lanes of Route 60 at the Route
60/Walmart Way intersection;
6) Full cost of traffic signal modifications at the Route 60/Walmart Way
intersection;
7) Construct a six (6) lane typical section for the property access at Route
60/Walmart Way intersection (i.e. two (2) southbound lanes and four (4)
northbound lanes); and
8) Dedicate any additional right-of--way (or easements) required for these
improvements.
The applicant has proffered to provide a phasing plan for the proffered road
improvements. According to Proffered Condition 8, the approved phasing plan would
require, prior to issuance of an occupancy permit for any development, all road
improvements shall be completed, excluding the restricted (left-in only) crossover and
associated left turn lane. Prior to the issuance of an occupancy permit for a cumulative
total of more than 7,900 square feet of high turnover restaurant and 6,200 square feet of
quality restaurant, or equivalent density, the restricted (left-in only) crossover and
associated left turn lane will be completed.
12 12SN0241-FEB27-BOS-RPT
Vir ing is Department of Transportation VDOT~:
• VDOT notes that the site of interest was shown as a Chesterfield County
construction site with construction plan number 07PR0277. Site work was begun
by site contractor J. E. Liesfield Contractor, Inc. The renewed VDOT permit for
construction at this site expired on June 19, 2011 and was not renewed.
• However, the construction plans for 07PR0277, dated October 7, 2007 were valid
on January 1, 2009. By act of the Virginia legislature, signed by the Governor, the
plans remain valid until July 1, 2014, and have been extended by recent
legislative action to July 1, 2017.
• Traffic projections were made for the project site during the tenure of the previous
zoning case.
• It is understood by VDOT that the previous zoning case (Case 95SN0186) would
no longer exist with the approval of this request (Case 12SN0241).
• Technically, if this is a new zoning case, then a Traffic Impact Analysis may be
called for. However, only a significant difference increase in traffic generation
between the previous case and the current one would be of concern to VDOT.
• The provisions of the access management requirements of 24VAC 30-72 for
Midlothian Turnpike and any state maintained connecting road, respectively,
would apply to any project site plans developed under the new zoning case.
• Assuming that there is no significant difference between access to the previously
planned site and the plans being developed for the site under the current case,
VDOT has few concerns, most of which can be resolved during site construction
plan review.
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 and passive
recreation/conservation area uses.
Area Development Trends:
Properties to the north, across Midlothian Turnpike have been zoned and developed for a
variety of commercial uses. Adjacent properties to the south are zoned Multifamily
Residential (R-MF) and Residential Townhouse (R-TH) and are occupied by Fairways
Villas and Ashington at Stonehenge, respectively. Properties to the east and west are zoned
Agricultural (A) and Multifamily Residential (R-MF) and remain vacant. It is anticipated
commercial uses will continue along this portion of the Midlothian Turnpike corridor,
13 12SN0241-FEB27-BOS-RPT
transitioning to less intense uses as you travel west towards the Midlothian Village, as
suggested by the Plan.
Zoning HistorX:
On November 26, 1980 the Board of Supervisors, upon a favorable recommendation
from the Planning Commission, approved a rezoning from Agricultural (A) to Residential
(R-15) with conditional use planned development to permit cluster homes on a portion of
the request property and adj acent property (Case 80S 131).
On April 26, 1995 the Board of Supervisors, upon an unfavorable recommendation from
the Planning Commission, approved a rezoning from Agricultural (A) and Residential (R-
15) to Residential Townhouse (R-TH) with conditional use to permit detached and
attached dwelling units; Residential Multifamily (R-MF) with conditional use planned
development to permit detached and attached dwelling units plus exceptions to
Residential Multifamily (R-MF) development standards; Corporate Office (O-2);
Corporate Office (O-2) with conditional use to permit commercial use exceptions; and
Community Business (C-3) (Case 95SN0186). The subject property was included in that
request. Conditions of approval included architectural treatment, buffers, drainage and
erosion and sedimentation controls, among other requirements.
Development Standards:
Currently, the property lies within an Emer~~ Growth Area. The purpose of the Emerging
Growth District standards is to promote high quality, well designed projects. The Zoning
Ordinance specifically address access, landscaping setbacks, parking signs, buffers, utilities
and screening for developments within these areas. Any development on this property must
comply with these requirements, where not addressed by conditions of zoning.
Site/IJse Restrictions:
Area citizens have expressed concerns about the potential impact some activities and
operational hours may have on the enjoyment of their properties. The applicant has
attempted to address these concerns through several means. It has been offered there shall
be no more than one gasoline station on the property; no parking lot maintenance or
sweeping or normal site maintenance between 11 p.m. and 6 a.m., except in case of an
emergency; orientation of loading areas fora "large tenant building"; permitted hours of
operation; signs posted to address idling trucks; the dimming of parking lot lighting; and
refuse/recycling pick-up hours. (Proffered Condition 11)
Architectural Treatment:
The Zoning Ordinance requires the approval of an architectural theme for this project,
prior to site plan approval. The architectural theme is a written and/or graphic description
of the planned architectural treatment of all buildings within a project and describes how
exterior materials, colors, architectural style and building scale are to be employed to
establish a consistent architectural treatment for the project. The ordinance also requires
the architectural treatment of buildings, including materials, color and style, be
14 12SN0241-FEB27-BOS-RPT
compatible with buildings located within the same project, through the use of building
massing, materials, scale, color and other architectural features.
In addition to these requirements, the applicant has offered a proffer to address
architecture for shopping center buildings, to include "franchise-type" outparcel buildings
(Proffered Condition 3) as well as an elevation (Exhibit D). Further, Proffered Condition
ll.D.(v) restricts the size of any grocery store constructed as part of the in-line center to a
maximum of 65,000 gross square feet.
Buffers:
Proffered Condition 2 requires the installation and maintenance of a seventy-five (75)
foot buffer along the southern boundary shared with the adjacent Residential Townhouse
(R-TH) property. It is noted that atwenty-five (25) foot buffer is located within the
Residential Townhouse (R-TH) property to the south of the subject property (developed
as the Ashington at Stonehenge Subdivision), as conditioned by the original zoning case.
In addition, Proffered Condition 2 requires the provision of a 100 foot buffer adjacent to
and along Farnham Drive. Within the buffers there is the requirement to provide a berm,
landscaping and a fence to address concerns from citizens with respect to light and noise
intrusion from the proposed development. To further address citizen concerns, the
application has offered additional landscaping plans for the buffers (Exhibits C.1 and
C2). The applicant has agreed to begin installation of the trees (oaks, maples and
redbuds) depicted on Exhibit C.1 at the same time the fence in the exhibit is installed, but
no later than June 1, 2013, unless construction is delayed. The remaining landscaping
shown on Exhibits C.1 and C.2 are to be completed prior to the issuance of a certificate
of occupancy for any building on the property (Proffered Conditions 2.C., D. and E.). It is
also noted, a portion of the required berm is already located on the adjacent R-TH
property, as conditioned by the original case.
Parkin Lg of Lighting:
Given a possible new layout for the site, there is the potential for lighting from the site
adversely impacting adjacent homeowners in the Stonehenge development. As previously
noted, the applicant has attempted to address this concern through the installation of the
berm, landscaping and fencing along the property lines to the south. "Exhibit C" further
attempts to address this issue by restricting the height of light poles closer to the southern
property line of the project. In addition, to address concerns of area property owners the
applicant has agreed to the dimming of parking lot lighting to security levels after closing of
businesses. (Proffered Condition 11. C. and D.)
CONCLUSION
The proposed zoning and land uses, properly conditioned, conform to the Midlothian Area
Community Plan, which suggests the property is appropriate for planned transition and passive
recreation/conservation area uses. In addition, the proposed zoning and land uses are
representative of and compatible with existing and anticipated area development.
Given these considerations, approval of this request is recommended.
15 12SN0241-FEB27-BOS-RPT
CASE HISTORY
Planning Commission Meeting (10/16/12):
On their own motion and with the applicant's consent, the Commission deferred this case
to their November 15, 2012 public hearing.
Staff (10/17/12):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than October 22, 2012 for consideration at the
Commission's November 15, 2012 public hearing.
Staff (10/26/12):
Revised proffers and exhibits were received.
Staff (11/1/12):
Revised proffers were received.
Staff (11/12/12, 11/13/12 and 11/15/12):
Revised proffers were received.
Planning Commission Meeting (11/15/12):
On their own motion and with the applicant's consent, the Commission deferred this case
to their January 15, 2013 public hearing.
Staff (11/16/12):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than November 21, 2012 for consideration at the
Commission's January 15, 2013 public hearing.
16 12SN0241-FEB27-BOS-RPT
Staff, Applicant, Area Property Owners and District Commissioner (Nov. and Dec. 2012):
Several meetings were held to discuss and attempt to resolve issues raised by area
citizens concerning this proposal. Concerns expressed were relative to lighting; the berm;
landscaping; noise and traffic.
Staff (12/21/12 and 1/11/13):
Revised proffers and additional exhibits were received which address lighting; berm;
landscaping and noise.
Planning Commission Meeting (1/15/13):
The applicant accepted the recommendation.
There was support present for the overall prof ect but opposition to a potential large tenant
use and gasoline station. The opposition expressed concerns relative to noise; traffic; and
the material composition of a proposed fence.
The Planning Commission noted that a large tenant user was not atypical in this type of
project. It was also noted, based upon a site visit, the noise concerns had been addressed,
and that the County Transportation Department was satisfied the applicant had provided
sufficient means to address the impact of this development on area traffic. The
Commission indicated the case, as presented, afforded better protection to area residential
development than did the existing case.
In response to a suggestion from Staff, the applicant agreed to the addition of a "NOTE"
to the Proffered Condition 2.E. relative to flexibility in plant materials within the
commercial portion of the berm.
On motion of Mr. Waller, seconded by Mr. Gulley, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 through 10.
AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller.
Applicant (2/15/13):
The applicant submitted revised proffered conditions which include the "NOTE" agreed
to at the Planning Commission public hearing, as well as amendments to "Exhibits C.1
and C.2," removing the species name from the landscape plans.
17 12SN0241-FEB27-BOS-RPT
The Board of Supervisors, on Wednesday, February 27, 2013 beginning at 6:30 p.m., will take
under consideration this request.
18 12SN0241-FEB27-BOS-RPT
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