13SN0508
CASE MANAGER: Ryan Ramsey
April 16, 2013CPC
May 21, 2013 CPC
June 26, 2013 BS
STAFF’S
BS Time Remaining:
REQUEST ANALYSIS
365 days
AND
RECOMMENDATION
13SN0508
(AMENDED)
Whitco, LLC
(Whitten Bros.)
Clover HillMagisterial District
10701 and 10745 Midlothian Turnpike
REQUEST:Amendment of conditional use planned development (Case 83SN0024) and
amendment of zoning (Cases 81SN0145 and 88SN0023) plus a conditional use
planned development relative to buffers and setbacks in General Business (C-5)
and Light Industrial (I-1) Districts.
PROPOSED LAND USE:
Vehicle display areas in conjunction with auto sales areproposed.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
Recommend denialfor the following reasons:
A.The proposed location ofvehicle display areas will undermine the purpose and
performance of the existing buffer and setback areas in providing visual
separation of uses from rights-of-way.
B.The Ordinanceprovidesreduced setbacks for buildings, drives and parking areas
along this section of Midlothian Turnpike.Further setbackreductions interrupt the
anticipated development pattern along this portion of the Corridor, and potentially
set a precedent for future requests.
Ю±ª·¼·²¹ ¿ Ú×ÎÍÌ ÝØÑ×ÝÛ ½±³³«²·¬§ ¬¸®±«¹¸ »¨½»´´»²½» ·² °«¾´·½ »®ª·½»
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. CONDITION(S) NOTED “CPC” ARE CONDITIONS RECOMMENDED BY
THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(CPC)1.A maximum of five (5) vehicle display pads shall be permitted along
Midlothian Turnpike as generally shown on the exhibit titled “Whitten Fiat
and Jeep Additions, Vehicle Display Pads Conceptual Plan” by E.D. Lewis
& Associates, P.C., and dated November 12, 2012 and last revised on April
23, 2013. No vehicle display pad shall be located closer than five (5) feet
from the ultimate right of way of Midlothian Turnpike. A detailed landscape
plan consistent with the treatment depicted in the exhibit shall be submitted
to the Planning Department for review and approval. This approved
landscaping shall be installed in conjunction with development of the vehicle
pad sites.(P)
(Note: This proffered condition modifies Condition 1 of Case 81SN0145, Condition
14 of case 83SN0024 and the sole condition in Case 88SN0023, respectively,
relative to the inclusion of vehicle display pads within the buffers and setback areas
required with these cases and the additional landscape treatment associated with
these vehicle display pads. All other provisions of these conditions shall remain in
effect.)
(CPC)2.Access to and from the vehicle display areas shall be prohibited from
Midlothian Turnpike (Route 60). (P)
(CPC)3.Landscaping, as shown on the exhibit, shall be maintained in a healthy and
thriving condition. No trees shall be pollarded.Any pollarded trees shall be
replanted with the same tree variety with a minimum height of twelve (12)
feet at time of planting. (P)
GENERAL INFORMATION
Location:
The request properties arelocated on the south line of Midlothian Turnpike, west of
Johnston Willis Drive and are better known as 10701 and 10745 Midlothian Turnpike.Tax
IDs 745-709-3600 and 6011.
Existing Zoning:
C-5 and I-1with Conditional Use Planned Development
î ïíÍÒðëðèóÖËÒîêóÞÑÍóÎÐÌ
Size:
5acres
Existing Land Use:
Commercial
Adjacent Zoning and Land Use:
North –C-3 with Conditional Use Planned Development; Commercial and office uses
South and East–I-1 with Conditional Use Planned Development;Commercial and office
uses
West –C-5 and C-5with Conditional Use Planned Development; Commercial uses
UTILITIES
Public Water and Wastewater Systems:
While installation of the proposed display pads will not require use of the public utility
systems, theapplicant is cautioned that the proposed display pads must not be placed so as
to conflict with the existing public utility lines, or their easements, on this site.
ENVIRONMENTAL
Drainage and Erosion:
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Courthouse Fire Station, Company Number 20, 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 request will have no impact on these facilities.
Virginia Department of Transportation(VDOT):
VDOT requires that the proposed display pads be beyond the right-of-way line and beyond
the clear zone established forthis principle arterial with the speed limit as posted.
í ïíÍÒðëðèóÖËÒîêóÞÑÍóÎÐÌ
LAND USE
Comprehensive Plan:
The Comprehensive Plandesignates the request propertyas Community Business. This
designation suggests commercial uses that serve community-wide trade areas.
Area Development Trends:
The area is characterized by a mix of commercial uses. Properties to the north, eastand west
are zoned General Business (C-5) and are developed for commercial or office uses.
Properties to the south andare zoned Community Business (C-3) and are developed for
commercial uses.
Zoning History:
While numerous zoning cases affect the request properties, the cases identified herein are
relative to setbacks and buffers along Midlothian Turnpike as the focus of the current
request.
On January 27, 1982 the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved rezoning of a 3.4 acre tract (including the western
portion of request property, Tax ID 745-709-6011(Attachment 1)) from Agricultural (A)
to General Business (B-3) (Case 81SN0145). A fifty foot (50) buffer was established
along Midlothian Turnpike that permitted a single access into the property as well as one
freestanding sign.No other structures or facilities were permitted within this buffer.A
subsequent zoning request (Case 88SN0011) denied an amendment to conditional use
planned development relative to deleting a berm requirement along Midlothian Turnpike
and permitting vehicle display pads within the front parking setback along Midlothian
Turnpike.
On May 23, 1984 the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved rezoning of a 219.4 acretract (including the eastern
portion of the request property, Tax ID 745-709-6011(Attachment 1)) from Agricultural
(A) and General Business (B-3) to Light Industrial (M-1) with conditional use planned
development to permit bulk exceptions (Case 83SN0024). A mixed use development with
office, commercialand light industrial uses was planned.In addition, a twenty-five (25)
footreduction to the required fifty (50) foot setback along Midlothian Turnpike was
approved. Within this setback, a landscape plan depicting a required berm and
landscaping was required to be reviewed and approved by the Planning Commission. A
subsequent zoning request (Case 88SN0011) denied an amendment to conditional use
planned development relative to deleting a berm requirement along Midlothian Turnpike
and permitting vehicle display pads within the front parking setback along Midlothian
Turnpike.
ì ïíÍÒðëðèóÖËÒîêóÞÑÍóÎÐÌ
On April 27, 1988 the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved an amendment to conditions of zoning relative to a
buffer reductionalong Midlothian Turnpike which included the western request property
(Tax ID 745-709-3600(Attachment 1),Cases 79SN0209 and 80SN0050). A twenty-five
(25) foot buffer (with requisite landscaping and berm) was established along Midlothian
Turnpike that permitted a single access into the property as well as one freestanding sign.
No other structures or facilities were permitted within this buffer. (Case 88SN0023)
Setbacks for Vehicle Display Areas:
The request properties are located within a Post Development Area. The purpose of Post
Development Area standards is to provide flexible design criteria, ensure continuity of
development, promote improvement of established commercial areas and provide
compatible relationships between adjacent buildings and projects. This area extends along
Midlothian Turnpike from Richmond corporate limits to the centerline of Alverser Drive,
including all land within 1,500 feet of the centerline of Midlothian Turnpike.
Setbacksfor buildings, drives and parking areas along major arterials within Post
Development Areas arefifty (50) feet with landscaping. This setback can be reduced to
twenty-five (25) feet with additional landscaping.These setbacks are significantly less than
thoserequiredfor properties along the western Midlothian Turnpike Corridor (Emerging
Growth Area), beingseventy-five (75) feetwith reductions to fifty (50) feet with additional
landscaping.
Currently, conditions of zoning on the request propertiesdo not permit the display or
parking of motor vehicles within the setback and buffer areas established alongMidlothian
Turnpike.These conditions have established a twenty-five (25) foot setback, a twenty-five
(25) and fifty (50) foot buffer along the Midlothian Turnpike frontage (Attachment 1).The
applicant proposedto construct the vehicle display areas within theseexisting setbackand
buffer areas, as close asfive (5) feet from the right-of-way of Midlothian Turnpike.
The vehicle display areas are proposed nearthe ultimate right-of-way line of Midlothian
Turnpike. As shown on the exhibit titled “Whitten Fiat and Jeep Additions, Vehicle Display
Pads Conceptual Plan,” two (2) vehicle display padsare proposed within the bufferalong
Midlothian Turnpikefor the Whitten Fiat dealership (Tax ID 745-709-3600)and three (3)
for the vehicle display pads on the Whitten Jeepdealership (Tax ID 745-709-6011).The
applicant hasproffered acondition that would limit the total number of vehicle display pads
to five (5) (Proffered Condition 1). Proffered Condition 1 also requires Planning Department
review and approval of a plan showing the layout, paving materials, landscapingand access
to the display areas. Access to and from the vehicle display areas wouldbe prohibited from
Midlothian Turnpike.(Proffered Condition 2)
The Post Development Area setbacks afford display areas to be located half the
separation distance from Midlothian Turnpike as business counterparts located along the
western portions of this Corridor. This flexibility is tempered with the goal of improving
these established commercial areas by providing a visually cohesive environment among
ë ïíÍÒðëðèóÖËÒîêóÞÑÍóÎÐÌ
business developments. As such, staff cannot support the vehicle display setback
encroachment.
Landscapingand Materials for Vehicle Display Areas:
The exhibitdepicts new landscaping areas proposed by the applicantalong Midlothian
Turnpike and around the vehicle display areas. On the Whitten Fiat site, landscaped bedsare
proposedalong the frontage of the property. On the Whitten Jeep site small flowering trees,
low shrubs, perennials,and ornamental grassesare proposed.Low accent plantings
(annuals) will be also planted to the front of each ofvehicle display pad. The applicant has
proffered to plant the new landscaping in tandem with the installation of the vehicle display
pads(Proffered Condition 1).The applicant has provided two material options for the
vehicle display areasonthe exhibit. The first option is a paver and cast-in-place concrete
vehicle display area, the second is made of concrete pavers only.
CONCLUSION
The proposed location for vehicle displayareas is contrary to the purpose and performance of the
required buffer and setback areas along Midlothian Turnpike. By reducing these setbacks, the
continuity of development achieved through this physical separation of improvements from the
Corridor would be compromised, potentially setting a precedent.
Given these considerations, denialof this request is recommended.
CASE HISTORY
Applicant (4/11/13):
The applicant amended theapplication.
Planning Commission Meeting (4/16/13):
On their own motion and with the applicant’s consent, the Commission deferred this case
to their May 21, 2013 public hearing.
AYES: Messrs. Brown, Wallin, Gulley and Waller.
ABSENT: Mr. Patton.
ê ïíÍÒðëðèóÖËÒîêóÞÑÍóÎÐÌ
Staff (4/17/13):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than April 22, 2013 for consideration at the Commission’s
May 21, 2013 public hearing.
Staff (5/7/13):
Revised proffered conditions were received.
Planning Commission Meeting (5/21/13):
Theapplicant’s representative did not accept staff’s recommendation, but did accept the
Planning Commission’s recommendation.There was no opposition present.
Mr. Gulley notedhis support of the request based on the applicant’s ability to create a
prototypefor vehicle display areas for Midlothian Turnpike and the County; the distance
of the display areas from the edge of pavement; enhancement of revitalization efforts and
the reduction of code enforcement complaints for vehicles parked in required setbacks.
On motion of Mr. Gulley, seconded by Mr. Patton, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller.
The Board of Supervisors, on Wednesday, June 26, 2013 beginning at 6:30 p.m., will take under
consideration this request.
é ïíÍÒðëðèóÖËÒîêóÞÑÍóÎÐÌ