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14SN0561CASE MANAGER: Robert Clay ~. ~, `l_, u - '' '+ I J ~,'~,k - ~ j ,t ~ ~ J ~ it -.,~ ADDENDUM 14SN0561 BH&B, LLC Midlothian Magisterial District 13217 Midlothian Turnpike May 28, 2014 BS REQUESTS: Amendment of conditional use planned development (Case 07SN0356) relative to fences, sidewalks, accesses and uses as follows: L Delete requirement for decorative fencing along Midlothian Turnpike; II. Delete requirement for a minimum five (5) foot wide grassy strip from the back of curb to the sidewalk along Midlothian Turnpike; III. Delete required shared use of vehicular access with adjacent property to the south; IV. Flexibility in location of vehicular access to Midlothian Turnpike; V. Include a veterinary hospital without outside nlns as a permitted use; and VL Phase the provision of a required sidewalk to adjacent property to the south. (Note: A comparison table has been included (Exhibit A) to further describe the requested amendments.) PROPOSED LAND USE: A veterinary hospital, exclusive of outdoor nuns, is planned. (Proffered Condition 3) The purpose of this Addendum is to provide the Board with updated comments from the Virginia Department of Transportation (VDOT). On May 28, 2014, VDOT submitted the following revised comments relative to Request IV, Flexibility in location of vehicular access to Midlothian Turnpike: A revision to the vehicular access to Midlothian Turnpike (Proffered Condition 5, Case 07SN0356) subjects the access location to compliance with VDOT's Access Management Regulations relative to spacing between existing commercial entrances/intersections. It is VDOT's understanding that the intended use of this property is for a Veterinary Hospital. Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice If the Veterinary Hospital is developed as anticipated (in place of the previous Antique Store use) VDOT would recommend support for the proposed Veterinary Hospital utilizing the existing access location on the basis of the following: • The anticipated Veterinary Hospital is a relatively low traffic generator, and is not significantly greater than the existing commercial development on the property. • The Veterinary Hospital is proposing to utilize the existing entrance apron recently constricted and is proposing to provide access easements to both parcels on the east and west. • This existing entrance location is within an established business corridor and the spacing is consistent with other entrances within that corridor. • The existing access location allows for approximately 170 feet of left turn lane storage. VDOT understands that other uses are permitted under this zoning. Should site plans be submitted for a use different than the anticipated Veterinary Hospital (and potentially significantly higher trip generation) VDOT's review of Access Management compliance could result in recommendations to relocate the site access, provide additional access improvements, and/or the need to obtain an access management exception. Staff continues to recommend approval of Request IV for the reasons outlined in the "Request Analysis." 2 14SNO~Ei1-2014~L~~ 28-BC)S-_~DD CASE MANAGER: Robert Clay ~. ~, `l_, u - ~,, ' ~k ~ ~ ~~ ~;;1 ~ ~; ^, -.,~ BS Time Remaining: 365 days STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 14SN0561 BH&B, LLC Midlothian Magisterial District 13217 Midlothian Turnpike ~~> `ni~~ May 28, 2014 BS REQUESTS: Amendment of conditional use planned development (Case 07SN0356) relative to fences, sidewalks, accesses and uses as follows: L Delete requirement for decorative fencing along Midlothian Turnpike; II. Delete requirement for a minimum five (5) foot wide grassy strip from the back of curb to the sidewalk along Midlothian Turnpike; III. Delete required shared use of vehicular access with adjacent property to the south; IV. Flexibility in location of vehicular access to Midlothian Turnpike; V. Include a veterinary hospital without outside nuns as a pernutted use; and VL Phase the provision of a required sidewalk to adjacent property to the south. (Note: A comparison table has been included (Exhibit A) to further describe the requested amendments.) PROPOSED LAND USE: A veterinary hospital, exclusive of outdoor nuns, is planned. (Proffered Condition 3) Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice PLANNING COMMISSION RECOMMENDATION ACKNOWLEDGE WITHDRAWAL OF REQUEST TO DELETE REQUIREMENT FOR A SIDEWALK TO ADJACENT PROPERTY TO THE SOUTH AND RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 AND -, ~. AYES: MESSRS. WALLIN, PATTON, BROWN AND GULLEY. ABSENT: MR. W ALLER. STAFF RECOMMENDATION Requests L, II and III. Conditions relative to fencing, sidewalk separation along Midlothian Turnpike and shared vehicular access with property to the south were negotiated with the community stakeholders. After consideration of public input, should the Board wish to approve these amendments, deletion of Proffered Condition 3 (fencing) of Case 07SN0356, and acceptance of the Proffered Conditions 1 and 2 regarding the sidewallc standards and shared access would be appropriate. Requests IV, V and VL Recommend approval for the following reasons: A. As proffered, the Transportation Department would still approve the vehicular access location to Midlothian Turnpike. B. As limited by Proffered Condition 3, the veterinary hospital without outside nlns conforms to the Midlothian Area Community Plan which suggests the property is appropriate for Village Shopping District use. C. Phasing of sidewallc installation to the south in tandem with development maintains ultimate pedestrian connections between commercial services and future area residential development. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS. CONDITION(S) NOTED "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION.) PROFFERED CONDITIONS (STAFF/CPC) 1. Sidewallc. In conjunction with the initial development of the Property, the developer shall constrict a sidewallc to VDOT standards along Midlothian Turnpike (Route 60) for the entire property frontage, and dedicate to Chesterfield County, free and unrestricted, any additional right-of--way (or easements) required for this improvement. The exact design and location of this improvement shall be approved by the Transportation Department. (T) (Note: This condition supersedes Proffered Condition 4.a. of Case 07SN0356.) 2 14SNO~Ei1-2014~L~~ 28-BC)S-RPT (STAFF/CPC) 2. Access. Direct vehicular access from the Property to Midlothian Turnpike (Route 60) shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. Prior to any site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded across the Property to provide shared used of this access with adjacent property to the east and west. (T) (Note: This condition supersedes Proffered Condition 5 of Case 07SN0356.) (STAFF/CPC) 3. Uses. Uses shall be limited to those uses permitted by right or with restrictions in the Neighborhood Business (C-2) District plus the following uses: i. cocktail lounges provided that they are accessory to a restaurant; ii. liquor stores; iii. restaurants, to include carry out and fast food; iv. electrical, plumbing HVAC sales and display rooms; v. microbreweries provided that the manufacturing of alcoholic beverages shall be for the sole purpose of on-site consumption and such on-site consumption shall only occur if accessory to a restaurant use; and vi. veterinary hospitals with no outdoor nlns. (P) (Note: This condition supersedes Proffered Condition 10.b. of Case 07SN0356.) (STAFF/CPC) 4. Phasing of Sidewallc Connection to Tax ID 731-706-3947. The installation of the sidewallc identified in Proffered Condition 4.b. of Case 07SN0356 shall be phased such that the first section of sidewallc is installed in conjunction with the initial development of the parcel. This section shall extend from Midlothian Turnpike to the southern limits of project constriction. Completion of the sidewallc to the southern limits of the subject Property shall occur in conjunction with the subsequent phase(s) of development. (P) (Note: With approval of this request Proffered Condition 3 is deleted. Except as noted above ~~~' ~~ *'~° "~~g~°~:~;~," all other conditions of approval for Case 07SN0356 remain in effect with approval of this case.) 3 14SNO~Ei1-2014~L~~ 28-BC)S-RPT GENERAL INFORMATION Location: The request property is located on the south line of Midlothian Turnpike, across from Mount Pisgah Drive and is better known as 13217 Midlothian Turnpike. Tax ID 731-707-2423. Existing Zoning: C-3 with conditional use planned development Size 2.7 acres E~• stingy Land Use: Vacant Adjacent Zoning and Land Use: North - C-3 with conditional use planned development; Commercial South - R-TH with conditional use planned development; Vacant East - R-7 and C-3; Commercial West - C-3 with conditional use planned development; Office UTILITIES Public Water Svstem: Connection to the public water system will be required by County Code. The proposed use will require installation of a baclcflow prevention device. Public Wastewater Svstem: Connection to the public wastewater system was proffered with Case 07SN0356. A wastewater line extension will be necessary to connect, and easements will need to be obtained across either or both parcels 731-707-0030 and 731-706-3947. The proposed use will require installation of a monitoring manhole on the wastewater service lateral. ENVIRONMENTAL Drainage and Erosion: The subject property drains to the rear in a southerly direction evennially reaching the large pond in The Grove development. There are no adequate receiving channels in which to drain therefore, offsite easements and improvements may be needed in order to reach the lake in The Grove. 4 14SNO~Ei1-2014~L~~ 28-BC)S-RPT The majority of the property is wooded and as such should not be timbered, until the time of development. This was addressed with a condition of Case 07SN0356 which remains in effect. 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: The Transportation Department offers no objections to the requested amendments regarding sidewallc setback, access location and access easement. In January 2008 the Board of Supervisors, approved the rezoning of 2.7 acres (Case 07SN0356) to Community Business (C-3). With that zoning approval, the Board accepted proffered conditions relative to transportation that, among other things, required a minimum grassy strip between the sidewallc and Route 60, vehicular access towards the eastern property line, and access easement to the east, west, and south. With Case 07SN0356, to address a recommendation by the community, the applicant proffered a minimum five (5) foot grassy strip between the sidewallc and the back of curb along Route 60 (Proffered Condition 4.a). Subsequent to the approval of this 2007 case, VDOT completed a sidewallc project along the property's frontage to Route 60 with a grassy strip less than five (5) feet. The applicant is requesting to delete the minimum five (5) foot grassy strip. (Proffered Condition 1) The applicant is requesting to amend Proffered Condition 5 to allow the access to Route 60 at a location acceptable to the Transportation Department without restricting it to the eastern property line. In addition, the applicant is requesting to amend the access easement to delete the requirement of it extending to the south. The access easement will remain adjacent to properties to the east and west. (Proffered Condition 2) Virginia Department of Transportation (VDOT~: A revision to the vehicular access to Midlothian Turnpike (Proffered Condition 5, Case 07SN0356) subjects the access location to compliance with VDOT's Access Management Regulations relative to spacing between existing commercial entrances/intersections. Limited lot frontage precludes the ability of a proposed access location different from that which was approved to comply with these Regulations, thereby requiring a VDOT evaluation of an exception to those spacing standards. VDOT is working with the applicant on evaluating an exception and access options with a final decision anticipated prior to site plan subnuttal, should this request be approved. 14SNO~Ei1-2014~L~~ 28-BC)S-RPT T A NTl T TCF Comprehensive Plan: The request site is located within the boundaries of the Midlothian Area Community Plan which suggests the property is appropriate for Village Shopping District use. A concentration of retail/service activities is appropriate in this area including neighborhood shopping centers, office/service establishments and public facilities. Area Development Trends: The area is characterized by a mix of commercial, office and public/semi-public (school) uses along the Midlothian Turnpike corridor and is bordered to the south by proposed high density residential uses along North Woolridge Road. Zoning History: On January 9, 2008 the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved commercial zoning on the subject property (Case 07SN0356). With the approval of Case 07SN0356, proffered conditions were accepted to address use limitations, architecture, access, pedestrian connectivity and site design (driveway and parking setbacks; fencing; lighting; drive-through windows). Development Standards: The property is subject to the design standards for the Midlothian Village, which were adopted concurrent with the Midlothian Area Community Plan as part of the Zoriing Ordinance. The Village is divided into areas commonly known as the "Core" and the "Fringe", with associated standards addressing setbacks, landscaping and other design featLires. 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. The Village Core standards, which reflect a more neo- traditional approach to design, would permit buildings closer to the rights-of--way, with parking generally located behind the front lines of the buildings, creating a more pedestrian- friendly environment. Fence: Proffered conditions currently require the constriction of a decorative metal fence along Midlothian Turnpike. This condition was negotiated with community members. The applicant is seeking relief to this requirement, noting there is no similar requirement on adjacent properties. Uses: With approval of Case 07SN0356, uses were limited to those uses permitted by right or with restrictions in the Neighborhood Business (C-2) District and certain Community Business (C-3) uses. While veterinary clinics are permitted within the C-2 District, they do not permit the boarding of animals, the overnight care of animals or outside rms. Ei 14SNO~Ei1-2014~L~~ 28-BC)S-RPT Veterinary hospitals, first permitted in a C-3 District, permit boarding, overnight care and outside nlns. The applicant proposes to relocate an existing veterinary hospital to the request property and accommodate the overnight care of animals without the use of outside nlns. (Proffered Condition 3.vi.) Sidewallc: The Midlothian Area Community Plan encourages improvements to pedestrian circulation within the Village. Facilitating safe pedestrian movement between residential uses and commercial services promotes connectivity, decreases dependency on vehicular transportation and enhances community character. It is important to anticipate the need for these sidewallc connections prior to completion of development or this opportunity may be lost. Proffered conditions currently require the provision of a sidewallc to the northern limits of the adjacent property to the south to facilitate pedestrian access from the future townhouse development to commercial uses along Midlothian Turnpike. The applicant requests the ability to phase the installation of this sidewallc in tandem with development on the subject property (Proffered Condition 4). Staff finds this phased installation acceptable. CONCLUSION Conditions for fencing, sidewallc separation along Midlothian Turnpike and shared vehicular access with property to the south (Requests 1, II and III) were negotiated with community stakeholders. If after receiving public input, the Board wishes to approve these amendments, acceptance of Proffered Conditions 1 and 2 would be appropriate. As proffered, the Transportation Department continues to have locational approval of the vehicular access to Midlothian Turnpike. The proposed sidewallc installation to the south maintains pedestrian connectivity. In addition, the exclusion of outdoor nuns associated with the proposed veterinary hospital linuts any negative impacts this use might have on area properties. As such, staff supports approval of Requests IV, V and VI with acceptance of Proffered Conditions 2, 3 and 4. CASE HISTORY Staff (4/15/14): Comments were received from the Virginia Department of Transportation (VDOT). 7 14SNO~Ei1-2014~L~~ 28-BC)S-RPT Applicant (4/15/14): The request to delete provision of a sidewallc to adjacent property to the south was withdrawn and Proffered Condition 4 to allow phased installation of this sidewallc was submitted. Planning Commission Meeting (4/15/14): Mr. Waller recused himself from the meeting due to a potential conflict of interest. The applicant's representative accepted the recommendation. There was support present noting the proposed use as a positive addition to the community. On motion of Mr. Gulley, seconded by Dr. Wallin, the Commission acknowledged withdrawal of the request to delete provision of a sidewallc to adjacent property to the south and recommended approval and acceptance of the proffered conditions on pages 2 and 3. AYES: Messrs. Wallin, Patton, Brown and Gulley. ABSENT: Mr. Waller. The Board of Supervisors, on Wednesday, May 28, 2014 beginning at 6:30 p.m., will take under consideration this request. 8 14SNO~Ei1-2014~L~~ 28-BC)S-RPT g 2~ ZQ ~~ a0 Oy 0 U UU N U N U Q 0 '~,, ~~ N ~ ~ ~~~. 1 ~ N _...J~ i.....0 ^ ~ U U N~ _ ~'I 1 U ......... U~~~a /foal. M N UU .~ j ~ j '~~ ~~' ~ ~, _.~ ;~ I' _..._..._.v f f f~ 7 _.''I,'' `~ .~ ' U +~ ~~.. ~ ,f Com arison Table Develo ment Standard Case 07SN0356 Case 14SN0561 Provide decorative metal fence with brick piers and concrete caps along Midlothian Fence Turn ike. Delete this re uirement Provide minimum five (5) foot Delete this requirement. Sidewalk wide grassy strip from back of has been installed by VDOT with Sidewalk alon Route 60 curb to sidewalk. a three (3) wide foot rass stri . An access easement, acceptable to the Transportation Department, An access easement, acceptable to shall be recorded across the the Transportation Department, property to provide shared use shall be recorded across the of this access (above) with property to provide shared use of Cross access to adjacent adjacent property to the east, this access (above) with adjacent ro erties west and south. property to the east and west. Direct vehicular access from the property to Route 60 shall be limited to one (1) entrance/exit, generally located Delete the location requirement. towards the eastern property Retain access location to be line. 1/xact location to be approved by Transportation approved by the Transportation Department but no commitment Location of access to Route 60 De artment. to eastern location. Proposes veterinary hospital with Veterinary hospital not no outside runs as an additional Uses ermitted. use. Provide a sidewallc to the Sidewalk to property to the northern limits of Tax ID south 73I-706-3947 Phase this requirement Prop idinl; a I~1RS"1' CHO1CL a>mmunit~ thro~z;;h excellence in public scr~ ice Exhibit A 07SNd356 In Midlothian Magisterial District, GOODE LAND COMPANY requests rezoning and amendment of zoning district map from Residential {R-7} and Community Business {C-3) to Community Business {C-3) plus Conditional Use Planned Development to permit exceptions to Ordinance requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for village shopping district use uses. This request lies on 2.7 acres and is known as 13217 Midlothian Turnpike. Tax ID 731-707-2923. Ms. Peterson presented a summary of Case 075N0356 and stated the Planning Commission recommended approval and acceptance of the proffered conditions. She stated that staff recommended approval of the rezoning subject to the applicant addressing concerns relative to architectural treatment and drive-in windows and recommended denial of the Conditional Use Planned Development. Mr. Jim Theobald, the applicant's representative, stated the recommendation is acceptable. Mr. Warren called for public comment_ Ms. Amy Satterfield, Executive Director of Village of Midlothian Coalition, stated she supported the request. She further stated the applicant has addressed issues the Coalition had. No one else came forward to speak to the request. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board approved Case 075N0356 and accepted the following proffered conditions: The property owner and applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the property under consideration will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owner and applicant. In the event this request is denied or approved with conditions not agreed to by the owner and applicant, the proffers shall immediately be null and void and of no further force or effect. 1. Master Plan. The Textual Statement dated July 30, 2007 shall be considered the Master Plan. (P) 2. Architecture. The architectural treatment of buildings constructed on the Property shall be generally consistent with Colonial Revival Architecture, unless otherwise requested by the developer and specifically approved .by the Planning Commission at time of site plan approval. (P} 3. Fence. A decorative metal fence shall be constructed along Midlothian Turnpike exclusive of the entranceway. OB-48 Exhibit B °1~d9~°$ The fence shall have brick piers with concrete caps. {P) 9. Sidewalk. a_ In conjunction with the initial development of the Property, the developer shall construct a sidewalk to VDOT standards along Midlothian Turnpike (Route 60y far the entire property frontage, and dedicate to Chesterfield County, free and unrestricted, any additional right-of-way (or easements} required for this improvement. The exact design and location of this improvement shall be approved by the Transportation Department. There shall be a minimum five (5) foot wide grassy strip from the back of curb to the sidewalk. b- A sidewalk shall be constructed to the northern limits of Tax ID 731-706-3947 to facilitate pedestrian connection between the proposed developments. {P} 5. Access. Direct vehicular access from the Property to Midlothian Turnpike {Route 60} shall be limited to one (1) entrance/exit, generally located towards the eastern property line. The exact location of this access shall be approved by the Transportation Department. Prior to any site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded across the Property to provide shared use of this access with adjacent property to the east, west and south. (T) 6. Notification. The developer shall be responsible for notifying by registered, certified or first class mail, the last known representative on file with the Planning Department of the Village of Midlothian Volunteer Coalition of any site plan. Such notification shall occur as soon as practical, but in na event less than twenty-one (21} days prior to approval or disapproval of the plan. The developer shall provide a copy of the notification letter(s) to the Planning Department. {P} 7. Street Li hts. The developer shall be responsible for installation of decorative street lighting similar in design to the light fixture specified in The Midlothian Village Technical Manual which shall be provided along all public roads adjacent to the site. Spacing shall be approximately eighty (84} feet on center. All on-site freestanding street light fixtures shall be compatible with the aforementioned street lights. (P) 8. Utilities. The public wastewater system shall be utilized. {U} 9. Timbering. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) 10. Uses. OB-49 01/09/08 a. Uses shall not be open to the public between the hours of midnight and 6:00 a.m. b. Uses shall be limited to those uses permitted by right or with restrictions in the Neighborhood Business (C-2} District plus the following uses: i. cocktail lounges provided that they are accessory to a restaurant; ii. liquor stores; iii. restaurants, to include carry out and fast food; iv. electrical, plumbing HVAC sales and display rooms; and v. microbreweries provided that the manufacturing of alcoholic beverages shall be for the sole purpose of on-site consumption and such on- site consumption shall only occur if accessory to a restaurant use. c. The following uses shall be prohibited: vi. gasoline sales; vii. coin-operated dry cleaning, laundry or laundromats; viii. rental of health and party equipment; and small home hardware, tools and equipment; ix. cigarette outlets; x. electrical, plumbing and HVAC service; xi. funeral homes or mortuaries; and xii. motor vehicle accessory stores. (P} 11. Drive-Through Windows. There shall be na drive-through window on the fagade of any building which drive-through would be parallel and adjacent to Midlothian Turnpike. Any drive-through window located on the side of a building, and located in front of the front plane of any building adjacent thereto on adjacent properties, shall be covered by a pone-cochere. Fast food restaurants shall not have drive through windows, excluding, however, restaurants with drive through windows whose primary business {a minimum of fifty {50) percent o£ its gross receipts) is the sale of specialty coffee beverages, as well as ground and unground coffee beans. { F) 12. Parking. There shall be no parking between Midlothian Turnpike and the fagade of any building adjacent to Midlothian Turnpike. {P} 13. Retaining Walls. No individual retaining wall on the south side of the Property shall exceed five (5} feet in height. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. OB-50 01/09/08 FIRST AMENDED AND RESTATED TEXTUAL STATEMENT July 30, 2047 This is a request to rezone approximately 2.7 acres of the Property under consideration to C-3 with a Conditional Use Planned Development (CUPD) that will permit retail development with the following exception: The minimum setback along Midlothian Turnpike for any driveway shad be five (5) feet. ~iz~2~s3.~z aasogi.oaons