17SN0514
CASE NUMBER: 17SN0514
APPLICANT: Bharat Shah
CHESTERFIELD COUNTY, VIRGINIA
STAFF’S ANALYSIS Magisterial District: MIDLOTHIAN
14008 Midlothian Turnpike
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
OCTOBER 26, 2016
BOS Time Remaining:
365 DAYS
Applicant’s Agent:
TIMOTHY STEPHEN SELDON
(804-200-6513)
Applicant’s Contact:
BHARAT SHAH
(804-681-0150)
Planning Department Case Manager:
RYAN RAMSEY (804-768-7592)
APPLICANT’S REQUEST
Amendment of conditional use planned development (Case 80SN0156) relative to uses in a
Community Business (C-3) District.
Continued operation of a convenience store with gas sales is proposed. A building addition onto
the convenience store is planned. The applicant is seeking additional commercial uses to occupy
thebuilding in conjunction with the convenience store use.
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.Proffered conditions, the previously approved Proffered Condition 1 (Case 80SN0156), and the approved
Master Plan (per Case 80SN0156) are located in Attachments 1 -3.
RECOMMENDATION
PLANNINGRECOMMEND APPROVAL
COMMISSION
(9/20/2016)
RECOMMEND APPROVAL
STAFF As proffered, uses consistent with Plan
Proposed uses compatible to currently permitted uses
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
Department Issue
PLANNING -
FIRE -
CDOT -
VDOT -
UTILITIES -
ENVIRONMENTAL
-
ENGINEERING
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Map 2: Comprehensive Plan (Midlothian Area Community Plan)
Classification: VILLAGE FRINGE AREA
The designation suggests the property is appropriate for mixed use development compatible with
surrounding neighborhoods and including primarily office, multi-unit housing, community facilities
and personal services.
Map 3: Surrounding Land Uses & Development
Vacant
Single-family
Residential or Vacant
Le Gordon
Midlothian
Commercial
Drive
Turnpike
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PLANNING
Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov
ZONING HISTORY
Case Number BOS Action Request
Conditional Use Planned Development to permit the
Approved
80SN0156 development of a convenience store with exceptions to
(12/1980)
required setbacks
Approved Schematic approval for the convenience store
81PS1007
(03/1981)
Amendment of Conditional Use Planned Development
Approved
82SN0083 (Case 80SN0156) to permit luminous letters on a
(09/1982)
freestanding sign
Amendment of schematic approval for architecture
Approved relative to exterior enhancements of the convenience
07PS0280
(03/20/2007) store (renovation of building into an Uppy’s convenience
store)
Based on parcel limitations, in 1980, the Board approved reduced setback requirements for
buildings, drives and parking areas for the development of the convenience store with gas sales.
These exceptions arereflected in the in the approved Master Plan (Case 80SN0156). By granting
these exceptions, conditions of zoning intended to control the development through site design
and use limitations.
PROPOSAL
The applicant requests the addition of certain Community Business (C-3) uses to those currently
permitted by Case 80SN0156. Currently a convenience store, gas sales, and drop-off laundry
cleaner are the only uses permitted on the property. The applicant proposes to reopen the
convenience store and build a 900 square foot addition to the existing building. This addition may
accommodate a new tenant inside the convenience store, such as carry-out restaurant or any
other permitted use. Permitted uses for the property would be consistent with those uses
recently negotiated on nearby development sites (i.e. 14100 Midlothian Turnpike and 101
LeGordon Drive).
Theapplicant has proffered a list of prohibited uses that are higher intensityC-3 District uses,
specified auto-oriented uses, or uses requiring further zoning approval (i.e. rezoning or conditional
useapproval). At the request of the Village of Midlothian Volunteer Coalition, three (3) uses have
been added to the prohibited list: computer controlled variable message electronicsign;
townhouse dwelling; and a warehouse accessory to permitted use.In addition, several uses on the
prohibited list are uses that arenot permitted by-right in the C-3 District. These uses are included
incase the Zoning Ordinance isamended to later allow these uses in the C-3 District.
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The following chart provides an overview of the proposed uses for the property:
General Overview
Requirements Details
Add the following as permitted uses:
Permitted and restricted uses in Community
o
Business (C-3)
More intense commercial and auto-oriented uses
o
Uses
prohibited
Previously permitted uses in Case 80SN0156 retained
(Attachment 2)
Proffered Condition1
These additional uses are representative of, and compatible with, those uses permitted on
adjacent Community Business (C-3) properties. The proposed uses will also be consistent with
current recommendations of the Plan. Conditions of zoning (80SN0156) and schematic plan
approval will also continue to limit the development of the site, per the approved Master Plan
(Attachment 3).
PEDESTRIAN LIGHTING
To address concerns expressed by the Village of Midlothian Volunteer Coalition, the applicant has
proffered to install pedestrian lighting along the property’s frontage on Midlothian Turnpike
(Proffered Condition 2). The lighting would be consistent with the Midlothian Village Guidelines.
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PUBLIC FACILITIES
FIRE SERVICE
Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov
Nearby Fire and Emergency Medical Service (EMS) Facilities
Fire Station The Midlothian Fire Station, Company Number 5
EMS Facility The Forest View Volunteer Rescue Squad
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
Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov
The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-wide
transportation needs that are expected to mitigate traffic impacts of future growth. The
anticipated traffic impact of the proposal has been evaluated and recommendations are
detailed in the chart below:
RecommendationApplicant’s Proposal
Road Improvement
Offered as Recommended.
Extension of the existing sidewalk along Midlothian
Proffered Condition 3
Turnpike (Route 60) to the Winterfield Road
intersection.
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov
VDOT has no comment on this request.
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WATER AND WASTEWATER SYSTEMS
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
Theproposal’s impacts on the County’s utility system are detailed in the chart below:
Water and Wastewater Systems
Currently Size of Existing LineConnection Required by County Code?
Serviced?
Water Yes 24”Yes
Wastewater Yes 8”Yes
Map 4: Existing Water & Wastewater Systems
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Additional Information:
The existing structure is connected to public water and sewer. There is an existing eight (8) inch
sewer line stub located in the western part of parcel 726-708-3588 and a twenty-four (24) inch
waterline located along Midlothian Turnpike. Certain uses may require the installation of a
backflow preventer, sampling manhole, grease trap, or oil water separator. Contact the Utilities
Department with questions.
Property is located in the mandatory water and sewer connection area. Connection to public
water and sewer is required by County Code.
ENVIRONMENTAL
Drainage, Erosion and Water Quality
Staff Contact: Rebeccah Ward (804-748-1028) wardr@chesterfield.gov
Stormwater
Issue Discussion/Conditions
Located within the James River Watershed
Property drains through existing storm sewer and a natural
Geography
channel to the Midlothian Town Center Pond, which discharges to
Michaux Creek
If greater than 2,500 square feet of total land disturbance will occur with
Stormwater any proposed improvements, the project will be subject to the Part IIB
Managementtechnical criteria of the Virginia Stormwater Management Program
Regulations for water quality and quantity
Erosion and If greater than 2,500 square feet of total land disturbance will occur with
Sediment Control
any proposed improvements, a land disturbance permit will be required
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CASE HISTORY
Applicant Submittals
7/11/16 Application submitted
9/12/16 Revised proffers were submitted
Community Meeting
9/7/16 Issues Discussed
Applicant’s intent to reopen convenience store with gas sales
Building addition plans
Citizen discussion about the future development potential of homes
located on Winterfield Lane
No opposition to the request was voiced by those in attendance
Planning Commission Meeting
9/20/16
Citizen Comments
Nocitizens spoke tothis case.
Commission Discussion
Mr. Jones noted that the applicant has worked with the Village of
Midlothian Volunteer Coalition and proffered street light and sidewalk
improvements along the property’s frontage on Midlothian Turnpike. In
addition, no opposition was expressed at the community meeting.
Recommendation – APPROVAL AND ACCEPTANCE OF THE
PROFFERED CONDITIONS IN ATTACHMENT 1
Motion: Jones Second: Freye
AYES: Wallin, Sloan, Frye, Jackson and Jones
The Board of Supervisors on Wednesday, October 26, 2016, beginning at 6:30 p.m., will
consider this request.
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ATTACHMENT 1
PROFFERED CONDITIONS
Note:
Both the Planning Commission and staff recommend acceptance of the following proffered
conditions, as offered by the applicant.
The Applicant hereby amends Condition 1 of Case 80SN0156 to read as follows:
1.Uses. Permitted uses shall be uses permitted by right, or with restrictions, in the
Community Business (C-3) District except for the uses listed below, which shall be
prohibited:
i.Alternative Financial Institutions
ii.Automobile Vehicle Sales, Repair, Service and Rental,
including Automobile Vehicle Consignment lots
iii.Automobile Vehicle Wash
iv.Cocktail Lounges or Nightclubs
v.Coin Laundry
vi.Commercial Kennels
vii.Communication towers
viii.Fraternal Uses
ix.Feed, seed and ice sales
x.Funeral Home or Mortuary
xi.Halfway Houses
xii.Home Centers
xiii.Hospitals
xiv.Hotels
xv.Indoor or Outdoor Flea Markets
xvi.Liquor Store
xvii.Material reclamation and recycling centers
xviii.Motor Vehicle Sales, Repair, Service and Rental, including
Motor Vehicle Consignment lots
xix.Motor Vehicle Wash
xx.Outside Public Address systems
xxi.Park and ride lots
xxii.Restaurant, fast food or drive-in
xxiii.Tattoo Parlors
xxiv.Taxidermies
xxv.Theaters, including drive-in
xxvi.Veterinary Hospital with outside runs.
xxvii.Sign, computer controlled variable message electronic
xxviii.Dwelling, townhouse
xxix.Warehouse, accessory to permitted use (P)
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(Note: Except as amended herein, all previous conditions of zoning approved in Case
80SN0156 shall remain in full force and effect.)
2.External Lighting. Lighting along the perimeter of the development adjacent to
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 thePlanning Department at time of site plan review. (P)
3.Road Improvement. Prior to the issuance of an occupancy permit for any
redevelopment or additional development, as determined by the Transportation
Department, a concreate sidewalk shall be constructed along Midlothian Turnpike
(Route 60) from the existing sidewalk to Winterfield Road. Any additional right-of-way
(or easements) required for the improvement shall be dedicated, free and unrestricted,
to Chesterfield County. (T)
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ATTACHMENT 2
APPROVED CONDITIONS (80SN0156)
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ATTACHMENT 3
APPROVED MASTER PLAN (80SN0156)
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