13SN0537CASE MANAGER: Darla Orr
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BS Time Remaining:
365 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
13 SN0537
Katherine D. Knabe
March 12, 2014 BS
Midlothian Magisterial District
Northwest corner of Midlothian Turnpike and Winterfield Road
14100 Midlothian Turnpike
REQUEST: Rezoning from Agricultural (A) to Community Business (C-3) with conditional
use planned development to permit exceptions to ordinance requirements.
Specifically, exceptions are requested relative to setbacks, numbers of required
parking spaces and freestanding signs.
PROPOSED LAND USE:
Community Business (C-3) uses, as linuted by Proffered Condition 4, are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 6.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land uses complies with the recommendations of the
Comprehensive Plan which suggests the request property, located within the
Midlothian Area Community Plan, is appropriate for commercial and office uses
as part of the Village Fringe Area of the Midlothian Village Area.
B. As conditioned, the proposed zoning and land uses are representative of and
compatible with existing and anticipated area development. Proffered conditions
offer continuity between the proposed development and the development
approved on adjacent property to the north and west being developed as
Midlothian Village Center.
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
(NOTE: CONDITIONS MAY BE IMPOSED AND THE PROPERTY OWNER(S) MAY
PROFFER OTHER CONDITIONS. CONDITIONS NOTED "STAFF/CPC" WERE AGREED
UPON BY BOTH STAFF AND THE COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC) 1. Master Plan: The Textual Statement last revised Febniary 4, 2014 shall be
considered the Master Plan. (P)
(STAFF/CPC) 2. Timbering Restriction: Timber management, for the purpose of enhancing
the health and viability of the forest, shall occur under the supervision of a
qualified forester, and will only be allowed upon the submission and
approval of the appropriate forest management plan to include, but not
limited tq erosion control, Chesapeake Bay Act/wetland restrictions, and
the issuance of a land disturbance permit by the Environmental
Engineering Department. Any other timbering shall be incorporated into
the site development erosion and sediment control plan/narrative as the
initial phase of infrastnicture constriction and will not commence until the
issuance of the actual site development land disturbance permit. (EE)
(STAFF/CPC) 3. Burning Ban: The developer shall not use burning to clear or timber the
subject property. (EE)
(STAFF/CPC) 4. Uses: Except for the uses listed below, which shall be prohibited,
permitted uses shall be use permitted by right, or with restrictions, in the
Community Business (C-3) District:
a. Alternative Financial Institutions
b. Cocktail Lounges or Nightclubs
c. Coin Laundry
d. Commercial Kennels
e. Communication towers
£ Fraternal Uses
g. Feed, seed and ice sales
h. Funeral Home or Mortuary
i. Gasoline Sales
j . Halfway Houses
k. Home Centers
2 13SN0~37-2014~L~R12-BOS-RPT
1. Hospitals
m. Hotels
n. Indoor or Outdoor Flea Markets
o. Material reclamation and recycling centers
p. Motor Vehicle Sales, Service, Repair and Rental, including Motor
Vehicle Consignment lots
q. Motor Vehicle Wash
r. Outside Public Address systems
s. Park and ride lots
t. Tattoo Parlors
u. Taxidermies
v. Theaters, including drive-in
w. Veterinary Hospital with outside nlns (P)
(STAFF/CPC) 5. Hours of Operation. Hours of operation shall be limited to between the
hours of 5:00 a.m. and midnight. (P)
(STAFF/CPC) 6. Dedication. Prior to any site plan approval, or within ninety (90) days of a
written request by the Transportation Department, whichever occurs first,
thirty-five (35) feet of right-of--way, measured from the centerline of
Winterfield Road shall be dedicated, free and unrestricted, to and for the
benefit of Chesterfield County. (T)
(STAFF/CPC) 7. Access.
a. Direct vehicular access from the property to Midlothian Turnpike
(Route 60) shall be limited to one (1) entrance/exit, generally
located towards the western property line, and shall be limited to
right-turns-in and right-turns-out only. The exact location of this
access shall be approved by the Transportation Department.
b. Direct vehicular access from the property to Winterfield Road shall
be limited to one (1) entrance/exit, generally located towards the
northern property line, and shall be limited to right-turns-in and
right-turns-out only. The exact location of this access shall be
approved by the Transportation Department.
3 13SN0~37-2014~L~R12-BOS-RPT
c. Prior to final site plan approval, an access easement, acceptable to
the Transportation Department, shall be recorded from the Route
60 and/or Winterfield Road to the adjacent properties. (T)
(STAFF/CPC) 8. Road Improvements. Prior to issuance of an occupancy permit on the
property, the developer shall be responsible for the following road
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 the
improvements shall be approved by the Transportation Department:
a. Constriction of an additional lane of pavement along the
westbound lanes of Route 60 for the entire length of the property
frontage;
b. Constriction of additional pavement along the westbound lanes of
Route 60 and along the southbound lanes of Winterfield Road at
the approved accesses to provide separate right turn lanes;
c. Extension of the Winterfield Road southbound right turn lane at
the Route 60/Winterfield Road/Le Gordon Drive intersection to
provide an adequate right turn lane;
d. Constriction of a raised median within Winterfield Road from the
Route 60/Winterfield Road/Le Gordon Drive intersection to the
Winterfield Road roundabout to preclude left turns at the property
access;
e. Constriction of a sidewallc along the property's frontage to Route
60 and Winterfield Road;
f Full cost of traffic signal modifications at the Route 60/Winterfield
Road/Le Gordon Drive intersection, as determined by the
Transportation Department; and,
g. Dedication to Chesterfield County, free and unrestricted, of any
additional right-of--way (or easements) required for the
improvements identified above. (T)
(STAFF/CPC) 9. Architectural treatment: Unless deviations are approved by the Planning
Commission during site plan review, the architectural treatment of the
buildings shall be compatible and consistent with Exhibit B, entitled
Design Guidelines For Winterfield Village A Mixed Use Development, as
approved with Case 03 SN0316, and dated January 15, 2004. The
following shall also be required:
a. Buildings shall incorporate equal four sided architecture such that
no building exterior (whether front, side or rear) shall consist of
inferior materials or be inferior in quality, appearance or detail to
any other exterior of the same building.
4 13SN0~37-2014~L~R12-BOS-RPT
b. Vertical architectural facade features shall be continued a
minimum of ten (10) feet in depth from the building facade.
c. Each entrance shall be accentuated with architectural features to
include, but not limited tq stnictured overhangs and/or awnings.
d. All building mounted lighting shall be compatible with the overall
architectural style.
e. The color palette shall be limited to neutral and earth-toned colors,
unless otherwise approved by the Planning Department at the time
of plans review.
£ 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.
g. Building facades shall be designed such as to create the appearance
of multiple, traditional storefronts. Facades facing Winterfield
Road and Midlothian Turnpike shall incorporate storefront
windows, and other architectural treatments, and landscaping in
order to provide relief to such facades. (P)
(STAFF/CPC) 10. Site Layout: The site shall be designed as generally depicted on Exhibit A,
as prepared by Architects Dayton and Thompson, and dated November 8,
2013, however, the exact location of the buildings and parking may be
modified, as approved by the Planning Department, provided the general
intent of the plan is maintained with respect to buildings "fronting"
Midlothian Turnpike and Winterfield Road, with no parking or driveways
between the buildings and the roads. (P)
(STAFF/CPC) ll. Internal Sidewallcs: The project shall incorporate an internal system of five
(5) feet wide sidewallcs, which shall provide internal pedestrian access
between uses, and shall connect to the sidewallcs along Winterfield Road
and Midlothian Turnpike, as well as to the adjacent properties to the north
and west. These pedestrian areas/wallcs shall:
a. Be constricted of stamped concrete or other decorative paving
units.
b. Include pedestrian style lights, and
c. Incorporate benches, landscaped areas, plazas, and other pedestrian
elements.
13SN0~37-2014~L~R12-BOS-RPT
The exact design shall be approved by the Planning Department at the
time of site plan review. (P)
(STAFF/CPC)12. External Lighting: Lighting along the perimeter of the development
adjacent to Winterfield Road and Midlothian Turnpike shall be of a
pedestrian scale. Light fixtures shall be installed with a design consistent
with the Midlothian Village Guidelines and spaced as may be approved by
the Planning Department at time of site plan review. The project shall also
have an internal system of outdoor lighting consistent with the pedestrian
scale of the development, as approved by the Planning Department at time
of site plan review. (P)
(STAFF/CPC) 13. Parking Lot Lighting: Parking lot lighting shall be shall be limited to a
maximum of 20 feet in height. All light poles and fixtures shall be
ornamental and shall be approved by the Planning Department at the time
of site plan review. (P)
(STAFF/CPC) 14. Dempster Service: Dempster service shall not be allowed between 7:00
p.m. and 7:00 a.m. (P)
GENERAL INFORMATION
Location:
The request property is located in the northwest corner of Midlothian Turnpike and
Winterfield Road. Tax ID 725-709-7211.
Existing Zonin
A
Size:
2.9 acres
E~• stingy Land Use:
Single-fanuly residential
Adj acent Zoning and Land Use:
North and West - C-3 with CUPD; Vacant
South - C-3 and R-7 with CUPD; Commercial or Vacant
East - R-7 and C-3 with CUPD; Commercial, single-family residential or vacant
Ei 13SN0~37-2014~L~R12-BC)S-RPT
UTILITIES
Public Water Svstem:
The request site is located within the Hugeunot Springs water pressure zone. There is a
twelve (12) inch water line extending along the western side of Winterfield Road
adjacent to the request site. There is also a twenty four (24) inch water line extending
along the southern portion of the property. Connection to the public water system is
required by County Code.
Public Wastewater Svstem:
The request site is located within the James River North sewer service area. There is an
eight (8) inch wastewater line extending along the southern portion of the request site. There
is also a twelve (12) inch wastewater line extending along the western property line of the
request site on the adjacent parcel. Connection to the public wastewater system is required
by County Code.
ENVIRONMENTAL
This property has a large stream passing through the western side, which conveys a large
drainage area from the south side of Midlothian Turnpike, through it via a culvert under
Midlothian Turnpike. This feature brings with it questions of channel adequacy, floodplain and
resource protection areas. There is also an existing lake immediately downstream. This lake has
no capacity for pollutant removal for the request property; therefore, water quality compliance
must come from facilities constricted onsite. At the time of development, the erosion control
plan may be required to include a turbidity curtain for protection of the existing lake.
Prior to submittal of a site plan, a Resource Protection Area determination must be performed
and submitted to Environmental Engineering for review and approval.
A portion of the property is forested. Proffered Conditions 2 and 3 would ensure that appropriate
erosion control devices are in place prior to any land disturbance, which will not include burning
to clear or timber the subject property.
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 request will not linut development to a specific land use; therefore, it is difficult to
anticipate traffic generation. Based on shopping center trip rates, development of the
property could generate approximately 3,000 average daily trips (ADT). This traffic will
7 13SN0~37-2014~L~R12-BOS-RPT
be distributed to Route 60 and Winterfield Road, which had 2012 traffic counts of 29,000
and 7,500 vehicles per day, respectively.
The Thoroughfare Plan identifies Winterfield Road as a collector with a recommended
right-of--way width of seventy (70) feet. The applicant has proffered to dedicate thirty-
five (35) feet of right-of--way measured from the centerline of Winterfield Road, in
accordance with that Plan. (Proffered Condition 6)
Access to major arterials and collectors, such as Route 60 and Winterfield Road, should
be controlled. The applicant has proffered to limit direct vehicular access to one (1)
entrance/exit along Route 60, generally located towards the western property line, and
one (1) entrance/exit along Winterfield Road, generally located towards the northern
property line (Proffered Condition 7). Both accesses will be limited to right-in and right-
out movements. In order to prohibit left turns at the Winterfield Road access, the
applicant has proffered to constrict a raised median within Winterfield Road from the
Route 60 intersection to the roundabout. (Proffered Condition 8.d)
The traffic impact of this development must be addressed. The applicant has proffered to
constrict the following road improvements prior to issuance of a certificate of
occupancy: 1) additional lane of pavement along Route 60 for the entire property
frontage; 2) separate right turn lane along Route 60 and Winterfield Road at each
approved access; 3) extension of the Winterfield Road right turn lane at the Route
60/Winterfield Road/Le Gordon Drive intersection; 4) sidewallc along the property's
frontage to Route 60 and Winterfield Road; and 5) full cost of traffic signal modifications
at the Route 60/Winterfield Road intersection. (Proffered Condition 8)
Virginia Department of Transportation (VDOT~:
The proffered access locations along Midlothian Turnpike and Winterfield Road are
subject to complying with the nunimum spacing requirements from existing access
points/intersections as stipulated in the Departments Access Management Regulation
Standards, 24VAC30-73. As presented, there is sufficient property frontage along
Midlothian Turnpike for the proffered access to meet the regulatory standard of 305 feet
from the Midlothian Turnpike/Winterfield Road intersection. However, not clear is the
impact of existing drainage strictures along Midlothian Turnpike on the access location.
Along Winterfield Road, the regulatory spacing standard for access placement is 250 feet
measured in each direction from the entrance centerline to the roundabout inner radius
located north and to the Winterfield Road/Midlothian Turnpike intersection centerline
located south. As presented, there appears to be sufficient frontage along Winterfield
Road to meet the standards, however not enough detail is provided in Exhibit A to verify.
Should the minimum spacing standards for either location not be met, required is VDOT
evaluation of an exception to the standards for access placement with no guarantee of
granting that exception.
8 13SN0~37-2014~L~R12-BOS-RPT
LAND USE
Comprehensive Plan:
The Comprehensive Plan suggests the request property (identified as part of the Village
Fringe Area of the Midlothian Area Community Plan) is appropriate for office and
commercial uses, including personal services and community facilities, which contribute
to a transition to the Midlothian Village to the east.
Area Development Trends:
Adjacent property to the north and west (commonly known as the Doran property) is
currently vacant; however, in 2004 the property was zoned Community Business (C-3) with
conditional use planned development (Case 03 SN0316) to permit a mix of commercial,
office and higher density residential use, and is being developed as the Midlothian Village
Center. Property to the south is zoned Community Business (C-3) with conditional use
planned development and Residential (R-7) and is occupied by commercial use within the
Ivymont Shopping Center or is vacant. Properties to the east are zoned Community Business
(C-3) and Residential (R-7) and are occupied by commercial and single-family residential
use or are vacant.
Uses:
Pernutted uses would include uses pernutted within the Community Business (C-3) District,
except as linuted by Proffered Condition 4. More intense commercial uses, such as outside
storage, motor vehicle sales, rental and repair, home centers and veterinary hospitals with
outside nuns, have been onutted to nuninuze the impact these more intense commercial uses
nught have on surrounding land uses and so as to provide transitional uses along the village
fringe, as suggested by the Plan. The proposed uses, as limited, are similar to those approved
on the adjacent property to the north and west, herein referred to as the Midlothian Village
Center.
It is important to note that alternative financial institLitions (defined by the Zoning Ordinance
as any check cashing establishment, motor vehicle title lender, pawnbroker, payday lender
or precious metals dealers), halfway houses, outdoor flea markets, outside public address
systems or speakers and tattoo parlors (listed as prohibited uses in Proffered Condition 4)
are not uses pernutted by the Zoning Ordinance within the Community Business (C-3)
District and, therefore, would not be pernutted uses even if they are not specifically listed in
the proffer. This exclusion ensures these uses would not be pernutted, even if the ordinance
was modified to pernut the uses in a Community Business (C-3) District.
Hours of Operation:
To address input from area residents, Proffered Condition 5 linuts hours of operation for
pernutted uses to between 5:00 a.m. and nudnight. In addition, Proffered Condition 14
prohibits dumpster servicing between 7:00 p.m. and 7:00 a.m. This proffered condition is
more restrictive than the Zoning Ordinance provision which prohibits hours of dumpster
serving between 9:00 p.m. and 6:00 a.m.
9 13SN0~37-2014~L~R12-BOS-RPT
Site Design:
Commercial and office uses are planned to be developed with buildings fronting Midlothian
Turnpike and Winterfield Roads and with no parking and driveways between the buildings
and the roads, as shown on Exhibit A, prepared by Architects Dayton and Thompson, and
dated November 8, 2013, and as outlined in the Textual Statement, last revised Febniary 4,
2014 (Proffered Conditions 1 and 10). This proposed design is consistent with the design
approved on the Midlothian Village Center property to the north and west of the request
property. To accommodate the proposed design, the applicant has requested exceptions to
setbacks and the number of required parking spaces sinular to those approved on the
Midlothian Village Center property. (TextLial Statement Items 1 and 2)
The request property is located within Emerging Growth District and Village District Areas.
Except as outlined in the proffered conditions and Textual Statement, development of the
request property must comply with the Zoning Ordinance requirements for commercial uses
within these areas. The Emerging Growth District standards promote high-quality, well
designed projects and address parking, landscaping, architectural treatment, setbacks,
buffers and screening. The purpose of the Village District standards is to recognize the
unique villages within the County and to maintain and reinforce the character, identity and
pedestrian scale by continuing and enhancing existing development patterns.
Architectural Treatment:
The Zoning Ordinance requires the architectural treatment of buildings, including materials,
color and style to be compatible with buildings located within the same project. The Zoning
Ordinance outlines that architectural compatibility may be achieved through the use of
sinular building massing, materials, scale, color, and architectural featLires.
As previously noted, the request property is bound to the north and west by property
(commonly known as the Doran property and being developed as Midlothian Village
Center) zoned in 2004 (Case 03 SN0316). The zoning for this adjacent development was
approved with a specific design manual intended to guide the development with specific
architectural details. To ensure continuity between that development and the current
proposal, Proffered Condition 9 would require architectural treatment of the buildings to be
compatible and consistent with the design guidelines approved with the adjacent zoning case
-Design Guidelines for Winterfield Village A Mixed Use Development, dated January 15,
2004 (Exhibit B). The proffered condition would permit deviations to the design standards
to be approved by the Planning Commission. However, to further ensure high quality
architectural standards are met even with any deviation, specific building elements and
treatments have been guaranteed. (Proffered Condition 9 a. - g.)
Sidewalks and Pedestrian Areas:
Continuation of sidewallcs along roadways and internal pedestrian circulation is important to
village and mixed-use designs. Proffered Conditions 8 and 11 would require sidewalk
constriction along Midlothian Turnpike and Winterfield Roads and pedestrian amenities to
be provided and maintained throughout the development that will create unique and viable
pedestrian areas.
10 13SN0~37-2014~L~R12-BOS-RPT
Sins:
This request includes exceptions to ordinance requirements for freestanding signs along
Midlothian Turnpike and Winterfield Road (TextLial Statement Item 3). If approved as
requested, pernutted signs would be increased (as outlined in the chart below) which would
increase the potential for additional sign proliferation in this area. The requested exception
would pernut freestanding signs similar to those pernutted outside of the village area and in
areas greater than 300 feet from properties zoned R (residentially) or A (agricultLirally). The
chart also identifies signage approved with the adjacent Midlothian Village Center zoning
(Case 03 SN0316). The signage allowed by the ordinance is sufficient for the proposed
development, and therefore, staff cannot support the requested exceptions.
ROADS
WITHIN
VILLAGE
AREA
OUTSIDE OF
VILLAGE AREA APPROVED ON
ADJACENT
PROPERTY
(MIDLOTHIAN
VILLAGE CENTER)
CURRENT
pROPOSAL
Primary Entrance - 1
sign - 250 Sq. Feet &
MIDLOTHIAN 32 Sq. Feet & 50 Sq. Feet & 25 Feet Tall 50 Sq. Feet &
TL]RNPIKE 8 Feet Tall 15 Feet Tall Secondary Entrances 15 Feet Tall
(all others) - 50 Sq.
Feet & 8 Feet Tall
30 Sq. Feet & 30 Sq. Feet &
10 Feet Tall 10 Feet Tall
WINTERFIELD Unless within 300 Unless within 300 75 Sq. Feet & 32 Sq. Feet &
ROAD Feet of R or A Feet of R or A g Feet Tall 8 Feet Tall
then reduced to then reduced to
10 Sq. Feet & 10 Sq. Feet &
8 Feet Tall 8 Feet Tall
LiLi:
Proffered Conditions 12 and 13 address freestanding lighting which would linut the
maximum height permitted for parking lot lighting and would require the installation of
decorative, pedestrian scale street lighting along Midlothian Turnpike and Winterfield
Roads with a spacing in keeping with existing lighting within the village. In addition, the
light fixtures will be required to be comparable in design to the fixtures specified in the
Midlothian Village Technical Manual.
CONCLUSION
The proposed zoning and land uses complies with the recommendations of the Comprehensive
Plan which suggests the request property, located within the Midlothian Area Community Plan,
is appropriate for commercial and office uses as part of the Village Fringe Area of the
Midlothian Village Area.
11 13SN0~37-2014~L~R12-BOS-RPT
In addition, the proposed zoning and land uses are representative of, and compatible with,
existing and anticipated area development. Proffered conditions offer continuity between the
proposed development and the development approved on adjacent property to the north and west
being developed as Midlothian Village Center.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (2/20/14):
The applicant accepted the recommendation. Acitizen expressed the importance of
median beautification in the Midlothian Village area and suggested the median in
Winterfield Road should be enhanced.
In response to a question from Mr. Waller, the Transportation Department confirmed that
the Virginia Department of Transportation must approve alternate designs for raised
medians to include the use of decorative pavers.
Mr. Waller stated that the case includes elements from the Doran case to ensure
continuity between the two developments. He agreed that the median should be enhanced
given the proposed development at the corner.
On motion of Mr. Waller, seconded by Mr. Gulley, the Commission recommended
approval of the request and acceptance of the proffered conditions on pages 2 through 6.
AYES: Messrs. Wallin, Patton, Brown, Gulley and Waller.
The Board of Supervisors, on Wednesday, March 12, 2014 beginning at 6:30 p.m., will take
under consideration this request.
12 13SN0~37-2014~L~R12-BOS-RPT
TEXTUAL STATEMENT
KNABE PROPERTY
Last Revised February 4, 2014
Rezone from Agriculture (A) to Community Business (C-3) with Conditional Use Planned
Development (CUPD) to permit exceptions to Ordinance requirements as described herein and as
provided in the accompanying proffered conditions.
The request contains two (2) exhibits: Exhibit A -Site Layout and Exhibit B -Design Guidelines
Setbacks: Except as necessary to install required landscaping and sidewallcs, minimum
setbacks shall be as follows:
a. Five (5) foot setback adjacent to the northern and western property lines, with the
installation of Perimeter Landscape B.
b. Five (5) foot setback adjacent to Winterfield Road, with the installation of
Perimeter Landscape D.
c. Five (5) foot setback adjacent to Midlothian Turnpike, with the installation of
Perimeter Landscape D.
2. Parlcin~: Parking space requirements shall be reduced to 4.0 spaces per 1000 square feet
of building area.
3. Freestanding Signs:
a. A freestanding sign having a maximum height of fifteen (15) feet and a maximum
area of fifty (50) square feet shall be perntted at the entrance on Midlothian
Turnpike.
b. A freestanding sign having a maximum height of eight (8) feet and a maximum
area of thirty two (32) square feet shall be permitted at the entrance on
Winterfield Road.
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