13SN0147CASE MANAGER: Darla Orr
,~~r ~~. .
,~~ `;_ ~
u ~ ~~ i
~-
^ ,k
BS Time Remaining:
365 days
April 24, 2013 BS
ADDENDUM
13 SN0147
Colebrook Company LLC
(AMENDED)
Midlothian Magisterial District
Northeast corner of Midlothian Turnpike
and Sycamore Square Drive
REQUEST: (Amended) Rezoning from Neighborhood Business (C-2) to Community Business
(C-3) plus conditional use to permit outside public address systems.
PROPOSED LAND USE:
Community Business (C-3) uses plus outside public address systems are planned
within the Sycamore Square Shopping Center.
The purpose of this Addendum is to communicate a modification to Proffered Condition 5 and to
provide a revised Exhibit B submitted by the applicant's representative on Apri123, 2013.
To address concerns of area property owners relative to whether sound from proposed outside
public address systems and speakers would be audible from residential dwellings along
Westfield Road, the applicant's representative modified Proffered Condition 5 relative to the
limit on amplified sound. Specifically, Proffered Condition 5 was modified to require the outside
public address systems and speakers to be equipped with volume adjustment controls to limit
amplified sound from the premises to 50 DBA, as measured along the northern property line.
This area is identified with a dashed line on the revised Exhibit B attached to this Addendum
which was prepared by Balzer and Associates and dated Apri123, 2013.
Staff continues to recommend approval of this request for the reasons outlined in the "Request
Analysis."
NOTE: SINCE THE ADDITIONAL PROFFER WAS SUBMITTED SUBSEQUENT TO
THE ADVERTISEMENT OF THE CASE, IT WOULD BE NECESSARY FOR THE
BOARD TO SUSPEND THEIR PROCEDURES TO CONSIDER THIS REVISED
PROFFERED CONDITION.
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
PROFFERED CONDITION
5. Outside public address and sound systems shall be permitted provided such
systems are equipped with controls permitting full volume adjustments so as to
limit amplified sound from the premises to 50 DBA, as measured at the north
property line in the area identified with a dashed line on Exhibit B prepared by
Balzer and Associates and dated April 23, 2013. (P)
2 13 SN0147-APR24-BOS-ADD
Z,• 0 V
tt V
~ L
W~ ~
Q o N
R
~ ~~
o z
~ ~
~.. W
~3
~Q~~ ~ 3
CROWDER DRIVE
STATE ROUTE 7005
VARIABLE WIDTH R/W
r ,_c ~,
U
Vn~~-
M~o E SQo SRE6o R/W
;yCA
SrArE
~~ i
;,
a
N
W a
~ m
N ~
J ~, o
~ a
W
m W M
~~~Z~
~ Z~
DO ~ ~ W ~,
0
v '-
W `m
0~ ~t
~ x.
a
Q ~ a~
~ N r
U
~ ~ a
W =
~~ Z~
ao
v
U
n
W
~~~
h
~o
Z~m
Oj~
O Q ~o
~ o
c~ ,~ -
0
~ ~ ~'
0
NAD_g3
~ J
o ~~
u~
~~.. ~ ~
0 0 ~ ~
wz Q
Q ~ o = 13SN0147-2
o~~ ~
CASE MANAGER: Darla Orr
~- FsEtn~`~,
%1rR c~
,~~ ~i-1
u - 'i~~l
k i
~ ~,
~~ ~
BS Time Remaining:
365 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
i~~icciE~i~z~~Tc
April 24, 2013 BS
13 SN0147
Colebrook Company LLC
(AMENDED)
Midlothian Magisterial District
Northeast corner of Midlothian Turnpike
and Sycamore Square Drive
REQUEST: (Amended) Rezoning from Neighborhood Business (C-2) to Community Business
(C-3) plus conditional use to permit outside public address systems.
PROPOSED LAND USE:
Community Business (C-3) uses plus outside public address systems are planned
within the Sycamore Square Shopping Center.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 4 AND ACKNOWLEDGED WITHDRAWAL OF THE REQUEST FOR
CONDITIONAL USE PLANNED DEVELOPMENT TO PERMIT EXCEPTIONS TO
ORDINANCE REQUIREMENTS.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. As conditioned, the proposed zoning and land uses conform to the Midlothian
Area Community Plan, which suggests neighborhood retail, office and service
uses are appropriate.
B. As conditioned, the proposed zoning and land uses are representative of and
compatible with existing and anticipated area development.
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS.)
PROFFERED CONDITIONS
(STAFF/CPC) 1. A schematic plan shall be approved by the Planning Commission
prior to site plan approval when uses require a building permit
involving a land area greater than 2,500 square feet. (P)
(STAFF/CPC) 2. Any development or redevelopment of the subject property shall
be of the same architectural style, materials and character as the
existing Sycamore Square Shopping Center, generally as depicted
in the photographs on Exhibit A prepared by Balzer and
Associates, and dated January 29, 2013., unless otherwise
approved by the Planning Commission. (P)
(STAFF/CPC) 3. Permitted Uses:
A. The following uses shall be permitted with certain
restrictions:
1. Communication towers, less than fifty (50) feet in
height provided that the stricture is architecturally
incorporated into and compatible with the design of
a building used for a permitted use.
2. Veterinary hospital provided such use does not
include outside nln areas.
3. Nightclub and cocktail lounge use provided such
use is incidental to a restaurant and shall not exceed
10,000 gross square feet.
B. The following uses shall not be permitted:
1. Coin laundry
2. Commerciallcennel
3. Communication towers greater than fifty (50) feet
in height
4. Funeral homes
5. Hospitals
6. Indoor Flea Markets
2 13 SN0147-APR24-BOS-RPT
7. Material reclamation receiving centers
8. Motels
9. Motor vehicle accessory stores with service bays or
with primary focus on sound system sales
10. Motor vehicle washes
11. Outside storage, not including continuous outside
display
12. Pawn shops
13. Privately owned liquor stores
14. Public garages
15. Service stations
16. Taxidermy
17. Warehouses (P)
(STAFF/CPC) 4. Restaurant, Nightclub & Cocktail Lounge uses shall not be open to
the public between 12:00 AM and 6:00 AM, except that on New
Years, Independence Day, and Halloween when such uses shall not
be open to the public between 2:00 AM and 6:00 AM (P)
(STAFF/CPC) 5. Outside public address and sound systems shall be permitted
provided such systems are equipped with controls permitting full
volume adjustments so as to limit amplified sound from the
premises to 50 DBA, as measured at the rear property line in the
area identified with a dashed line on Exhibit B prepared by Balzer
and Associates and dated January 29, 2013. (P)
(STAFF/CPC) 6. No more than six (6) special events shall be permitted on the
request property annually. Special events shall only be permitted
between 7:00 AM and 9:00 PM These special events shall not be
required to comply with Proffered Condition 5 relative to sound
limitations; however, a special events permit shall be approved by
the Board of Supervisors for each such event. No event shall be
permitted for more than three (3) consecutive days. There shall be
a minimum interval of fourteen (14) days between special events,
measured from the last day of the previously permitted event. (P)
3 13 SN0147-APR24-BOS-RPT
(STAFF/CPC) 7. Prior to the issuance of a certificate of occupancy for any use
requiring schematic plan approval as outlined in Proffered
Condition 1, the developer shall install decorative street lighting
along Midlothian Turnpike. The light fixtures shall be comparable
in design to the light fixture specified in the Midlothian Village
Technical Manual and shall be installed with a spacing of eighty
(80) feet on center. The specific light fixture and spacing shall be
approved by the Planning Department in conjunction with plan
approval (P)
(STAFF/CPC) 8. Drive-in windows shall be screened to reduce visibility of the
drive-in windows from public streets. This screening shall be
accomplished by building design, the use of durable architectural
walls or fences constricted of materials and with a design
comparable to the principle building, and berms or other land
forms. Such screening shall be approved by the Planning
Department in conjunction with plan approval (P)
GENERAL INFORMATION
Location:
The request property is located in the northeast corner of Midlothian Turnpike and
Sycamore Square Drive and also fronts the west line of Sycamore Square Drive, north of
Midlothian Turnpike. Tax IDs 728-708-2852, 4362, 5824 and 9143; and 729-709-1300.
Existing Zonin
C-2
Size:
14.7 acres
Existing Land Use:
Commercial and office use
Adjacent Zoning and Land Use:
North - C-2 and R-7; Commercial, office or vacant
South - C-3, C-2 and R-7; Commercial, office, residential or vacant
East - C-3, C-2 & R-7; Commercial, office or residential
West - C-2 and O-2; Commercial and office
4 13 SN0147-APR24-BOS-RPT
T TT1T TTTF C
Public Water Svstem:
The request site is currently connected to the public water system. Any new constriction
will be required to connect to the public water system.
Public Wastewater Svstem:
The request site is currently connected to the public wastewater system. Any new
constriction will be required to connect to the public wastewater system.
ENVIRONMENTAL
Drainage and Erosion:
The subject parcels drain in several directions with the majority of the land already
developed. There are currently no on- or off-site drainage or erosion problems and none
are anticipated after development.
Water Quality:
The development on the property preceded the water quality requirements for the
Chesapeake Bay. Therefore, the developer will have to address water quality for
redevelopment if any constriction exceeds 2,500 square feet and for any new
development of the small portion of the request property that is currently undeveloped.
Fire Service:
The Midlothian Fire Station, Company Number 5, and Forest View Volunteer Rescue
Squad currently provide fire protection and emergency medical service (EMS). When the
property is developed, the number of hydrants, quantity of water needed for fire
protection, and access requirements will be evaluated during the plans review process.
County Department of Transportation:
The request to rezone from Neighborhood Business (C-2) to Community Business (C-3)
will have a minimal traffic impact on the anticipated traffic generation from the
development.
Vehicles from the development will be distributed onto Sycamore Square Drive, Crowder
Drive, and Midlothian Turnpike (Route 60). Sycamore Square Drive and Crowder Drive
had 2009 traffic counts of 6,200 and 1,900 respectively. Route 60 had a 2011 traffic
count of 33,000.
5 13 SN0147-APR24-BOS-RPT
Virginia Department of Transportation (VDOT~:
VDOT understands that existing commercial entrances, with appropriate sight distances
maintained, will continue to be used unchanged, and the land uses will not generate any
significant increase in traffic volume. VDOT has no further comments.
LAND USE
Comprehensive Plan:
The portion of the request property fronting the west line of Sycamore Square Drive is
located within the Village Fringe Area of the Midlothian Area Community Plan, which
suggests mixed use developments including office, multi-unit housing, community
facilities and personal service uses are appropriate. A narrow portion of the request
property also located west of Sycamore Drive is within the Residential Area of the Plan
which suggests that area should remain residential. The portion of the request property
between Sycamore Square and Crowder Drives is located within the Village Shopping
District of the Plan which suggests appropriate land uses include neighborhood shopping
centers, office/service establishments and public facilities.
Area Development Trends:
The area is characterized by a mixture of commercial and residential zonings on
properties occupied by commercial, office and some single-family residential uses. It is
anticipated that commercial and office uses will continue in the immediate area, with
residential use to the north, as suggested by the Plan.
Zoning History:
On March 14, 1973 the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved rezoning (Case 73 SN0022) of a portion of the request
property between Crowder and Sycamore Square Drives from Residential (R-2) to
Convenience Business (B-1).
On December 2, 1973 the Board of Supervisors upon a favorable recommendation by the
Planning Commission, approved conditional use planned development (Case 73 SN0145)
on a six (6) acre portion of the request property between Crowder Drive and Sycamore
Square Drive to permit a grocery store, subject to conditions requiring schematic plan
approval and which addressed landscaping, pedestrian access and architecture.
On June 12, 1974 the Board of Supervisors, upon a favorable recommendation by the
Planning Commission approved rezoning (Case 74SN0040) on a three (3) acre portion of
the request property located at the northeast corner of Sycamore Square Drive and
Midlothian Turnpike from Agricultural (A) to Convenience Business (B-1). Conditions
of approval addressed pedestrian access and architecture.
6 13 SN0147-APR24-BOS-RPT
On January 25, 1978 the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved rezoning (Case 77SN0205) on a 1.8 acre portion of the
request property located west of Sycamore Square Drive from Agricultural (A) to
Convenience Business (B-1). Conditions of approval addressed architecture, pedestrian
access, landscaping and buffers, and required schematic plan approval.
On August 22, 1984 the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved an amendment (Case 84SNOll9) to conditional use
planned development (Case 74SN0040) relative to signage for the Sycamore Square
Shopping Center and to grant a setback exception for parking and driveway setbacks
along Sycamore Square Drive.
On November 27, 1985 the Board of Supervisors, upon a favorable recommendation by
the Planning Commission, approved an amendment (Case 85SN0132) to conditional use
planned development (Case 74SN0040) relative to drive setbacks for an automatic teller
machine.
Uses and Hours of Operation:
To address the Midlothian District Commissioner's, area citizens' and staff's concerns
relative to the intensity of certain commercial uses within the Midlothian Village area and
to follow guidelines of the Plan which suggest neighborhood retail, office and service
uses are appropriate, Proffered Condition 3 would limit permitted uses. Specifically,
Proffered Condition 3 would prohibit certain Community Business (C-3) uses and would
allow other uses with certain restrictions intended to reduce the impact of such uses on
the surrounding area.
It is important to note that material reclamation and receiving centers, motels and pawn
shops (listed as prohibited uses in Proffered Condition 3) are not uses permitted by the
Zoning Ordinance within the Community Business (C-3) District and, therefore, would
not be permitted uses even if they were not specifically listed in the proffer. The proffer
excludes these uses to ensure area citizens that the uses would not be permitted even if
the Ordinance was modified to permit the uses in a Community Business (C-3) District.
Proffered Condition 3 also would prohibit "private" liquor stores. Publicly owned liquor
stores are a permitted use in a Community Business (C-3) District, while "private" liquor
stores are not permitted by State law. Area citizens expressed concerns that a privately
owned liquor store would not be appropriate in the area, even if it became a permitted use
within the state. (Proffered Condition 3)
Permitted uses include nightclub and cocktail lounge use. Proffered Condition 3 would
restrict these uses to only be permitted incidental to a restaurant use and with a maximum
area of 10,000 gross square feet. Proffered Condition 4 would not permit restaurants,
nightclubs and cocktail lounges to be open to the public between 12:00 AM and 6:00 AM
except on certain holidays.
7 13 SN0147-APR24-BOS-RPT
Proffered Condition 6 linuts the number, hours and frequency of special events on the
request property. The Board of Supervisors must approve a special events permit for each
special event in accordance with County code.
Site Design:
The property is subject to the design standards for the Midlothian Village, which were
adopted concurrent with the Midlothian Village Community Plan as part of the Zoning
Ordinance. The Village is divided into areas commonly known as the "Core" and the
"Fringe," with associated standards addressing setbacks, landscaping and other design
features. These standards were established to provide transition from the typical suburban
automobile oriented development into the core of the Midlothian Village. The property
lies within the Midlothian Village Core and Fringe areas. Standards within these areas,
which reflect a more neo-traditional approach to design, would permit buildings closer to
the right-of--way, with parking generally located behind the front lines of buildings,
creating a more pedestrian friendly environment.
Although the Zoning Ordinance only requires schematic plan approval when no master
plan has been approved for projects containing a mixture of residential and nonresidential
uses, Proffered Condition 1 would require schematic plan approval by the Planning
Commission prior to site plan approval involving a land area greater than 2,500 square
feet.
Outside Public Address Systems:
With the approval of this request outside public address systems would be permitted.
Proffered Condition 5 requires such systems to be equipped with controls permitting full
volume adjustments to limit the sound from the request property to 50 DBA, as measured
along the portion of the rear property line identified by the dashed line on Exhibit B.
Street Lighting and Screening:
Proffered Condition 7 would require the installation of decorative street lighting along
Midlothian Turnpike with a spacing of eighty (80) feet on center. The light fixtures will
be required to be comparable in design to the fixtures specified in the Midlothian Village
Technical Manual.
In addition to the requirements of the Midlothian Village standards, Proffered Condition
8 would require drive-in windows to be screened to reduce visibility from public streets.
Architectural Treatment:
Any development or redevelopment of the subject property will be of the same
architectural style, materials and character as the existing Sycamore Square Shopping
Center. (Proffered Condition 2)
8 13 SN0147-APR24-BOS-RPT
CONCLUSION
The proposed zoning and land uses conform to the Midlothian Area Community Plan which
suggests neighborhood retail, office and service uses are appropriate. As conditioned, 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.
CASE HISTORY
Planning Commission Meeting (2/19/13):
On their own motion and with the applicant's consent, the Commission deferred this case
to their March 19, 2013 public hearing.
Staff (2/20/13):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than Febniary 25, 2013 for consideration at the
Commission's March 19, 2013 public hearing.
Applicant (2/26/13 and 2/28/13):
The applicant amended the application to remove the request for conditional use planned
development and submitted revised proffered conditions.
Planning Commission Meeting (3/19/13):
The applicant's representative accepted the recommendation. There was no opposition
present.
On motion of Mr. Waller, seconded by Dr. Wallin, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 through 4 and
acknowledged withdrawal of the request for conditional use planned development to
permit exceptions to ordinance requirements.
AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller.
The Board of Supervisors, on Wednesday, Apri124, 2013 beginning at 6:30 p.m., will take under
consideration this request.
9 13 SN0147-APR24-BOS-RPT
~ U ~
~ N
~ ~ C fn
~
U
E
U 6
~ ~ ~ (
~ ~ ~ Q N
~ O~~
C z Q ~
~
~ o
~
~ u
J N .. u
u
~ sgv~~ ~~ Q
~'~...
/ ~ ~ ~ ~ ~ ~
/ i i x/,
__~~,--~
--~~
F
~~~,i+.~~„~~a.~
1 p
ST DR N ~ Y,!'~I ~ ' ~ ~~~ W...
o
~~ t7R I ~~~ ~v~ O O
i i ~ I ~~~ ,~~II I .• ~~. Q~
' ^~ ~~ >3
~~
~~.
~~ ,,
0
W,~ R
~'
--- _- _ ~ ,
--~ _.
Q ti __
~~ ~~.
,~__
I\ ~ 4(~ ~
J
w U
.~
~' 1
/
1
~ ,
1
~ ~~
~ i
^
~ ___
I
~f M
{ ( ~
f V
^~
•~..
~ ~,,~ 1..
N --~ ~ ~ v / /~~ - ,
~b 1/ V • / /
.S' '
i~
.~ ``
i
~, , ,
°~ ~
-,.
1 ,, ~~_ i ~
~~
i
~__ __ ~„ ~
h __ ~ ' Q /~ W / ~,~
.s`., ~~
-.~ _ Z ,~ ~
~~ ~
~ i ~ ,~
t
/ ;~ ,a, ,,
~~~~~ /;
~.. _ ~ ~ / ~ z~cn
I
~ i
h ~ , ~~. '^
~..
~ ~ ~1!
V
~~~,,,~
__~ '
~ ~
~~ ~
~ - ,~
,_
_ ,
0
~ ~ ~~ --~
~ .. ~ 1
5 " ..~~ F.~~J
~~ ~ Q 1
3 ~~ '
M _~
`M'id ~NO~o~ M 0 ..
a~l~e~~ V a
M O ~
U o
cV V
., ~ V ~ °
o
~, r IV c~
Z ~
~E oo~aoN a~
~, ~,
o
(n ~ °
~
~~~~~
.. ~-~ M co
l i
~ o
~ a
~,,, ~ 3 n
,' 1
~ . ~,, ;: ~
~~~.
,.~
_
~,
~~
ca
~~, ~
~~ i ~
~~
r.
-~.
~.
IrrI 11 '
1'._~_J ~ ^1
~.~'
~~
~i
. vF~.;,
.. k~'F. w
{r
i'y.
L4/'~G
~l
~'.
w
y ,..~.~~
F~~„~'....~,~..
s ~-~,t
,~5~ v,•
. ti. ~ ~u
,'~~ "s"~
'~, _. __
7-
~~,
'~~
rt( ,
J.r
~°~
~~
~%
~.
~ ~
~w
g"
~~
~;:
~ ~~
~~~ ~ .ro
Cy ~;
y~~ ua
III ~ ?'' g- .r
"may . ~ ~ ,
~s
e~
c3 ~
~n ~ ~
a~ ~
C~~~~ ~,
~~
r~. a
s
~°
h
13SN0147-2