03SN0246-Oct 22.pdfOctober 22, 2003 BS
ADDENDUM
03SN0246
Wal-Mart Stores East, L.P.
Midlothian Magisterial District
North line of Midlothian Turnpike
REQUEST:
Rezoning from Agricultural (A), Corporate Office (0-2) and Community Business
(C-3) to Community Business (C-3) and to Light Industrial (I-1) with Conditional
Use Planned Development to permit exceptions to Ordinance requirements.
On October 21, 2003, the applicant submitted amended proffered conditions addressing uses, tree
preservation and construction of the loop road. Should the Board wish to consider these revised
proffered conditions, it will be necessary to suspend the procedures as the revised proffers were not
submitted prior to advertisement of the case.
Uses:
In an attempt to address concerns expressed by area residents, Proffered Conditions 1 and 2
have been amended to further restrict or eliminate uses within the community commercial
(Sam's Club and Wal-Mart Properties) and the light industrial (Office/Service and Stigall
Properties). Specifically, within the community commercial properties, continuous outside
display of merchandise for sale would be restricted to that associated with a garden center use
and motor vehicle sales or rentals use has been eliminated (Proffered Conditions 1 .(n) and
(r)). Within the light industrial properties, moving companies, cold storage and coating and
engraving services facilities have been limited to 15,000 square feet each. (Proffered
Conditions 2.(1), (m) and (n))
Tree Preservation:
In an attempt to minimize the views of the proposed light industrial development along the
south line of Old Buckingham Road from established residential development to the north,
Proffered Condition 9 has been revised to increase the width of the tree preservation area
along Old Buckingham Road from thirty (30) to forty (40) feet. Except under specified
circumstances, this proffer would not permit the removal of any trees within this preservation
area.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
Staff continues to recommend the establishment of a fifty (50) foot buffer along Old
Buckingham Road within this light industrial property. This recommendation is typical of
Ordinance requirements for buffers between adjoining light industrial and residential
districts.
Loop Road:
The applicant has submitted revis~ed proffers regarding the proposed Special Access Street
from Walmart Way extending through the property and through an adjacent parcel. The
original proffers required the Speqial Access Street to be dedicated and constructed in two (2)
phases/sections~ Each section of the Special Access Street would have been pro'gided with
initial development on either the Office/Service Property or the Stigall Property.
The applicant's revised proffers r ~eqUires that all right of way for the Special Access Street be
dedicated with initial development on either the Office/Service Property or the Stigall
Property, and allows the roadway'~ to be constructed in three (3) phases/sections (Proffered
Condition 12.c.). At least 600 fe~bt of the Special Access Street will be constructed with
initial development on either the Office/Service Property or the Stigall Property. Additional
construction of the roadway is dependent on the cumulative development that occurs on the
Office/Service Property and the S[igall Property. Specifically, an additional 600 feet of the
Special Access Street will be constructed, when either development exceeds 45,000 square
feet of building area or site plans ate approved for development on more than seven and one
half (7.5) acres. At that time, the developer will post a bond for the cost to construct the
remaining section of the Special ~ccess Street. The remaining section of the Special Access
Street will be constructed when either development exceeds 90,000 square feet of building
area; site plans are approved for development on more than fifteen (15) acres; or within five
(5) years for the initial date of the construction bond.
Staff continues to recommend denial of this request for reasons noted in the "Request Analysis".
PROFFERED CONDITIONS
Uses. No portion of the Wal-Mart Property or the Sam's Club Property shall be used
for any of the following:
(a)
(b)
(c)
(d)
(e)
(g)
(h)
Cocktail lounges and nightclubs
Hospitals
Hotels
Flea markets
Free-standing fast food restaurants.
Any use with drive-in or drive-through facilities.
Servicing of motor vehicles (including tires and lubrication); provided,
however, this proffer shall not prohibit a gasoline fueling and car wash
facility on the Sam's Club Property.
Coin operated dry cleaning, laundry and Laundromats.
2 03 SN0246-OCT22-ADDENDUM-BOS
(i)
(J)
(k)
(1)
(m)
(n)
(o)
(p)
(q)
(r)
Park and ride lots.
Secondhand and consignment stores.
Commercial kennels.
Residential multifamily and townhouses.
Outside storage of construction equipment/materials.
Continuous outside display of merchandise for sale pursuant to Section 19-
159(i) of the Zoning Ordinance other than within or within 100 feet of a
garden center and limited to products related to the garden center operation.
Outside runs for veterinary hospitals.
Massage clinics except when located within a health club, tanning salon or
similar facility.
Cigarette outlet store which shall mean a store where the primary product
offered for sale is cigarettes in bulk on a discounted basis.
Motor vehicle sales or rentals. (P)
Uses. No portion of the Office/Service Property or the Stigall Property shall be used
for any of the following:
(a)
(b)
(c)
(d)
(e)
(0
(g)
(h)
(i)
(J)
(k)
(1)
(m)
(n)
Bakery products manufacturing.
Paper recycling.
Umbrellas, parasols and canes manufacturing.
Converting paper to paperboard products, paperboard containers and boxes.
Dry cleaning plants.
Fur dressing and dyeing.
Linoleum, ashphalt-feltbase and other hard surface floor cover manufacturing.
Park and ride lots.
Rectifying and blending liquors.
Rental of heavy construction machinery.
Wine, brandy and brandy spirits manufacturing.
Moving companies containing more than 15,000 gross square feet of building
area.
Cold storage facilities containing more than 15,000 gross square feet of
building area.
Coating, engraving and allied services facilities containing more than 15,000
gross square feet of building area. (P)
Tree Preservation.
(a)
No trees with a caliper of greater than four (4) inches shall be removed from
any of the areas shown on the Western Boundary Landscape Plan as "Tree
Preservation Area" or within applicable building and parking setbacks along
the western boundary of the Office/Service Property adjacent to Falling
Creek; provided, however, this proffer shall not restrict the removal of dead
or diseased materials or as may be required for the extension of utilities
3 03 SN0246-OCT22-ADDENDUM-BOS
12.
(b)
provided that such utility extensions shall occur generally perpendicular
through the tree preservation area.
No trees shall be removed from the forty (40) foot wide area measured from
(i) the existing boundary of the Office/Service Property adjacent to Old
Buckingham Road and (ii) the ultimate right of way for Old Buckingham
Road adjacent to thC Stigall Property as described in proffer 12(b); provided,
however, this proffer shall not restrict (A) the removal of dead or diseased
materials or as ma~ be required for the extension of utilities provided that
such utility extensibns shall occur generally perpendicular through the tree
preservation area, (~3) the removal of noxious vegetation (e.g. scrub brush) as
approved by the Planning Department or (C) the removal of trees with a
caliper of less than. four (4) inches, other than as provided in (A) and (B)
above, pursuant t6 a plan which may be submitted and approved in
connection with sit~ plan review which plan provides for the substitution of
additional landscap)ng for any trees to be removed. (P)
Transportation.
(c)
Access Road to O~'fice/Service Property, Wal-Mart Property and Stigall
Property.
(i)
(ii)
Prior to any final site plan approval for any development on the
Office/Service Property, the Wal-Mart Property or the Stigall
Property, a fifty (50) foot wide right of way for a special access street
pursuant to !Section 19-505(b) of the Zoning Ordinance extending
from the ex~sting terminus of WalMart Way shown conceptually as
"Point A" oh Zoning Exhibit A ("Point A") to the western boundary
of Tax ID 736-709-3667 shown conceptually as "Point C" on Zoning
Exhibit A ~"Point C"), including right of way across the parcel
identified a~ Tax ID 735-70%5944, as applicable, all as shown
conceptuallg on Zoning Exhibit A (the "Western Special Access
Street"), sh~all be dedicated, free and unrestricted, to and for the
benefit of Chesterfield County. The exact location of the Western
Special AcCess Street shall be approved by the Transportation
Department! (Note: This proffer shall not require bonding of
construction prior to the time construction is required pursuant to the
remaining s~ctions of this proffer.)
Prior to issuance of the initial occupancy permit for any development
on the Office/Service Property or the Stigall Property, other than as
part of the parking area for the Wal-Mart Property as identified in the
Textual Statement, at least 600 linear feet of the Western Special
Access Street shall be constructed as a two (2) lane road and
approved for State acceptance, as determined by the Transportation
Departmenti The developer shall dedicate any additional fight of way
(or easements) required for this improvement (e.g. slope easements or
4 03 SN0246-OCT22-ADDENDUM-BOS
(iii)
(iv)
(v)
(vi)
temporary cul-de-sac), free and unrestricted, to and for the benefit of
Chesterfield County.
Prior to the first to occur of (A) issuance of occupancy permits for
more than 45,000 square feet of buildings on the Office/Service
Property and the Stigall Property, calculated on a cumulative basis, or
(B) issuance of occupancy permits for any building constructed on the
Office/Service Property or the Stigall Property subsequent to approval
of site plans for more than seven and one half (7.5) acres of the
Office/Service Property and the Stigall Property, calculated on a
cumulative basis, a total of at least 1,200 linear feet of the Western
Special Access Street shall be constructed as a two (2) lane road and
approved for State acceptance, as determined by the Transportation
Department ("Phase II"). The developer shall dedicate any additional
right of way (or easements) required for this improvement (e.g. slope
easements or temporary cul-de-sac), free and unrestricted, to and for
the benefit of Chesterfield County.
Prior to approval of any site plan for which construction of Phase II of
the Western Special Access Street is required, a bond shall be
provided to the County to assure completion of the remaining
portion(s) of the Western Special Access Street necessary to extend
the roadway from Point A to Point C (the "Road Construction
Bond"). The Road Construction Bond shall be in an amount
approved by the Transportation Department and may be reduced upon
completion of each phase of construction of the Western Special
Access Street as determined by the Transportation Department.
Prior to the first to occur of (A) issuance of occupancy permits for
either more than 90,000 square feet of buildings on the Office/Service
Property and the Stigall Property, calculated on a cumulative basis, or
(B) issuance of occupancy permits for any building constructed on the
Office/Service Property or the Stigall Property subsequent to approval
of site plans for more than fifteen (15) acres of the Office/Service
Property and the Stigall Property, calculated on a cumulative basis, or
(C) five (5) years from the date of the initial delivery of the Road
Construction Bond to the County, the entire Western Special Access
Street from Point A to Point C shall be constructed as a two (2) lane
road and approved for State acceptance, as determined by the
Transportation Department. The developer shall dedicate any
additional right of way (or easements) required for this improvement
(e.g. slope easements or temporary cul-de-sac), free and unrestricted,
to and for the benefit of Chesterfield County.
Each phase of construction of the Western Special Access Street shall
connect with roadways extending from either Point A or the point
shown conceptually as "Point D" on the Plan.
5 03 SN0246-OCT22-ADDENDUM~BOS
(d)
(e)
Intentionally Deleted.
Access Easement io Adiacent Property. Prior to any site plan approval on the
Stigall Property which provides for construction of the portion of the Western
Special Access Street extending through Tax ID 735-709-5944 adjacent to
Tax ID 736-709-3667, an access easement, acceptable to the Transportation
Department, shall !be recorded across the Stigall Property and/or across the
parcel identified aS Tax ID 735-709-5944, from the Western Special Access
Street to the parcel identified as Tax ID 736-710-0625, at a location
acceptable to the Transportation Department. The recorded access easement
shall include a condition that the easement may not be used by any portion of
the parcel identified as Tax ID 736-710-0625 which uses Old Buckingham
Road for access, it!being the intention that no traffic from Old Buckingham
Road shall be allowed to travel from Old Buckingham Road to the Western
Special Access Street. (T)
6 03 SN0246-OCT22-ADDENDUM-BO S
October 22, 2003 BS
STA~F'.S
REQUEST ANALYSIS
RECOMMENDATION
03SN0246
Wal,Mart Stores East, L.P.
Midlothian Magisterial District
North line of Midlothian ~TumPike
REQUEST:
Rezoning from Agricultural (A),~ Corporate Office (O-2) and Community
Business (C-3) to Community Business (C,3) and m :Light:Industrial (I,.1)
with Conditional Use Planned Development to permit, exceptions:to
Ordinance requirements.
PROPOSED LAND USE:
Community Commercial (C-3) and Light Industrial (I-1) uses are
proposed, except as :limited by proffered!conditions. Setback and use
exceptions are requested for the proposed I,i portionof the project.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE
CONDITIONS ON PAGES 2 THROUGH 11.
PROFFERED
AYES: MESSERS. LITTON, CUNNINGHAM AND STACK.
ABSTENTION: MR. GULLEY.
ABSENT: MR. GECKER.
Providing a FIRST CHOICE Community l~rough Excellence.in Public .Service._
STAFF RECOMMENDATION
Recommend denial for the following-reasons:
The proposed zoning and land use do not conform with the MidlOthian
Area Communitg Plan-and the Northern Area Plan which suggest.that :the
northern and eastern portions of the property are appropriate for medium
density residential of !.51 to 4.0 units per acre, while the.western portion
of the property is appropriate for office, medium density housing (7 to-14
units/acre), persOnal services and community facilities uses.
The requested setback exceptions for the Light Industrial ~portion of the
project, in combination with minimal buffering, fail to provide appropriate
land use transitions to the adjacent residential~and agricultural properties to
the north and east that:~ will ensure protection of the surrounding, residential
developments.
(NOTE: WITHIN THE C-3 PORTION OF THIS REQUEST, THE ONLY CONDITION
THAT MAY BE IMPOSED IS A BUFFER" CONDITION. THE PROPERTY
OWNER(S) MAY PROFFER OTHER CONDITIONS. WITHIN THE I-1 ;PORTIONOF
THIS REQUEST, CONDITIONS MAY BE IMPOSED OR THE PROPERTY O~R
MAY PROFFER CONDITIONS. THE CONDITIONS NOTED :WITH"STAFF/CPC"
WERE AGREED UPON BY' BOTH STAFF AND THE COMMISSION. CONDITIONS
WITH ONLY A "STAFF" ARE RECOMMENDED' SOLELY BY STAFF.
CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
The Owners and the Developer, pursuant to SeCtion 15.2:2298 of the COde of Virginia
(1950 as amended) and the Zoning Ordinance of Chesterfield county (the "ZO~g
OrdinanCe"), for themselves and their successors or assigns, proffer that the' development~)~
of the property designated as Chesterfield County Tax IDS~:735-708-t144, '734-709-8509?
734-709~8833, 734-709-6871, 736-708-1856 (part), 735-710-0007, 735~:709-0665,, 735-
710-3714 and 735-710-7620 containing a total of 56.9 acres (the:"Propert3e') consisting
of (i) 5.4 acres shown on the drawing.prepared by Koontz;Bryant?P;C., dated August25~
2003, entitled."Zoning Exhibit A" ("Zoning Exhibit A',)-as' '~'S~'s: Club Property"-(the
"Sam's C1ub Property"), (ii) 26.5 'acres Shown on Zoning E:~tibit A'as "wal2Mart
Property" (the "Wal-Mart Property"), (iii) 11.9 acres shown on Zoning Exhibit A as
"Office/Service Property" (the "Oftlce/Service ProPerty")~. and (iv) I3.1 acres shown'on.
Zoning EXhibit A as "Stigall:Property" (the "Sfigall: Property,!) under cOnsideration: will
be developed according 'to the follOwing proffered conditions if, and onlY if, the-request
for rezoning of the Property for retail and industrial uses is:granted. In the event-the:
request is denied or approved with: cOnditions not agreed to .bY. the Developer,.the
proffered conditions shall be immediately be null and vOid and of no further' force: or
2 03 SN0246-OCT22-BOS
effect. If the zoning is granted, these Proffered conditions will supersede all proffers and
conditions now applicable to the PrOperty.
(CPC) 1.
Uses. No portion of the Wal-Mart Property or the sam's Club
Property shall be used for any ofthefollowing:
(a)
(b)
(c)
(d)
(e)
(t)
(g)
tI0
(i)
(J)
(k)
(1)
(m)
(n)
(o)
(P)
Cocktail lOunges and nightclubs
Hospitals
Hotels
Flea markets
Free-standing fast food restaurants.
Any use with drive-in or drive-through facilities.
Servicing of motor vehicles (~cluding tires and
lubrication); provided, however, this proffer shall not
prohibit a gasoline fueling ~and carwash-.facility on the
Sam's Club Property.
Coin operated, dry cleaning, laundry and Laundromats.
Park and ride lots.
Secondhand and consigmnent stores.
Commercial kennels.
Residential multifamily and townhouses.
Outside storage of constmction equipment/materials.
Outside:runs for veterinary hospitals:
.Massage clinics except when located within a health club,
tanning salon or similar facility.
Cigarette outlet stOre which shall mean a Store where :the
primary- product offered· for.sale is cigarettes in bulk on a
discounted basis. (P)
(CPC) 2.
Uses.. No poaion of the Office/Service Property. or the .Stigall
Property shall be used for any of:the:following:
(a)
(b)
(c)
(d)
(e)
(0
(g)
(h)
(i)
0)
(k)
Bakery~products manufacturing.
papevrecycling.
Umbrellas, parasols and canes manufacturing.
ConVerting paper to pap~rboard Products, paperbOgd
containers and boxes.
Dry cleaning plants.
'Fur dressing and dyeing.
LinoleUm, ashPhalt-feltbase :and other hard surface ~ floor
cover manufaC .turing.
Park and ride lots.
Rectifying and blending liquors.
Rentalof heavy constmction~machinery.
.Wine, brandy :and brandy spirits manufacturing. (P) ~.
03SN0246,OCT22-BOS
(CPC)
Architecture: In the.event the existing building located on the Wal-
Mart Property is expanded, the exterior architectural design for the
building shall be generally consistent with: the architectural
elevations dated 'June 17, 2003, prepared by PBA Architects,
entitled "Midlothian, Virginia, Supercenter :Expansion #1969 (the
"Architectural Plans"). (P)
(CPC)
4. Building Heights.
(a)
(b)
Buildings on the Office/Service Property shall, have a
maximum of one (1) story and shall not exceed twenty five~
(25) feet in height.
Buildings on the Stigall Property shall have a maximum of
two (2) stories and shall not exceed thirty'(30)feet in
height. (P)
(CPC)
Building and Parking Area Locations. Buildings and parking areas
on the Property shall be subject to the following limitations:
(a)
(b)
No building on the Wal-Mart Property shall extend north of
the area shown onZoning Exhibit A as "Permitted Building
Area" which area extends five hundred-fifty (550) feet
north of the right of way of U:S. Route 60.
No building, parking or driveways shall extend west of the
line shOwn on Zoning Exhibit A as '.'Building, Parking: and
DrivewaY Setback", which line is fi~rther defined by metes.
and.bounds onthe plat dated July 16, 2003, prepared by
Koontz,Bryant, P.C., entitled "Compiled Plat Showing A
Proposed Building, Parking -~ and Driveway Setback On..A'
Parcel Of Land Lying On The North Line Of Midlothian
Turnpike, U.S. Route 60". 0>)
(CPC)
o
Upgrade of Site Lighting. In the event the existing building
located on the-Wal-Mart Property is expanded by more than 20~000
square feet of building area, (i) site lighting, including poles and
fixtures, shall be modified to conform with the then applicable
development'conditions as set fox'th in the Zoning Ordinance,
which modifications shall be completed priOr to'the issuance of an
occupancy.permit for the expanded building area and (ii) any
building 'mounted. lighting shall be limited to "wall pack" light
fixtures. (P)
(CPC)
Cleaning of Parking Lots. Routine parking lot cleaning activities'
shall be .limited to the hours between 6:00 a.m. and 8:00 p.m.,
Monday through Saturday. (P)
4 03SN0246-OCT22-BOS
(cPc)
o
Landscaping.
(a)' The western boundary of the Wal-Mart Property shall be
landscaped, including the installation of fencing, in a
manner which is generally consistent with the plan dated
July 22, 2003, prepared by. Koontz-Bryant, P.C., entitled
"Wal-Mart Expansion 1969-02, Western Boundary
Conceptual Landscape Plan" (the "Western Boundary
Landscape Plan"). Adjustments to the Western Boundary
Landscape Plan, including adjustments for conflicts with
utilities, may be made in conjunction with Site plan review,
provided that no such modification shall materially alter or
reduce the overall effect provided by the Western Boundary
Landscape Plan. In the event parking serving the Wal-Mart
Property extends onto the .Office/Service Property, the
western boundary of such parking area shall be landscaped
in a manner consistent with:the landscaping shown on the
Western Boundary Landscape Plan adjacent to the parking
areaSon the northern portion of the Wal-Mart Property. If
acceptable to the holder of the electric transmission
easement crossingthe property, a variety ofevergreentrees
shall be substituted for the wax-myrtles' shown on the
Western Boundary Landscape Plan within the area 'of the
transmission easement.
The southern boundary of the Wal-Mart Property shall .be
landscaped in a manner which is generally consistent 'with
the plan dated July 22~ ~2003, .prepared by Koontz-Bryant,
P.C., entitled "Wal-Mart Expansion 1969-02, Route 60
Boundary Conceptual Landscape Plan" (the "ROute .60
Boundary Landscape Plan"). Adjustments to the Route 60
Boundary Landscape Plan, including adjustments ~for
conflicts with utilities, may be made in conjunction with
site plan review; provided that no such modification shall
materially alter or reduce the' overall effect provided bythe
Route 60 Boundary Landscape.Plan.
The eastern boundary of the Wal-Mart Property shall be
landscaped in a manner which is generally ConSistent with
the plan dated JulY' 22, 2003, prepared by-Koontz-Bryant,
P.C., .entitled "Wal-Mart EXpansion 1969-02, Eastern
Boundary Conceptual Landscape Plan"-(the "EaStern
Boundary Landscape Plan")} provided, however, Zelcova
trees shall be Substituted for the Bradford celery pear.trees
shown on the Eastern Boundary Landscape Plan.
Adjustments to the Eastern Boundary Landscape Plan,
including adjustments for conflicts with utilities, may' be
(b)
(c)
5 03SN0246-OCT22-BOS
(cpc)
(cpc)
(CPC)
(cPc)
10.
11.
12.
made' in conjunction with site plan review provided that no
such modification shall materially alter or reduce the
overall effect provided by the Eastern Boundary Landscape
Plan. (P)
Tree Preservation. No trees with a:Caliper of greater than four (4)
inches shall be removed from any of the areas shoWn on the
Western Boundary Landscape Plan as "Tree Preservation Area" or
within applicable building and parking setbacks along the western
boundary of the Office/Service Property adjacent to Falling Creek
or within the thirty (30) foot wide area measured from (i) the
existing boundary of the Office/Service Property adjacent to Old
Buckingham Road and (ii) the ultimate right of way for Old
Buckingham Road adjacent to the Stigall property as. described in
proffer 12(b); provided, however, this proffer shall not restrict the
removal of dead or diseased materials or as may be required for the
extension of utilities provided that such utility extensions shall
occur generally perpendicular through the tree preservation area.
(P)
Water and Wastewater. Public water and wastewater systems shall
be used, (U)
Timbering. Except for 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 unfiI a
land disturbance permit has been obtained from the
Environmental' Engineering Department and the approved devices
have been installed. (EE)
Transportationl
(a)
Access to Old Buckingham Road, There shall be no direct
access to' or from the Property to Old-Buckingham Road.
(b)
Right of Way for Old Buckingham Road. Prior to the
issuance of any building permit for the Stigall Property,
thirty-five (35) feet of right 0fway on the south side of Old
Buckingham Road, measured from the centefline of that
part of Old Buckingham Road immediately adjacent to the
Stigall Property shall be dedicated, free and unrestricted
(but subject to recorded easements), to and for the benefit
of Chesterfield County.
6 03SN0246-OCT22-BOS
(c)
(d)
Access Road to Office/Service Propert3r and Wal-Mart.
Property.
0)
Prior to any final site plan approval for any
development on the Office/Service Property or the
Wal-Mart Property, a fifty (50) foot wide right of
way for a special access street pursuant to Section
19-505(b) of the Zoning Ordinance extending from
the existing terminus of WalMart Way shown as
"Point A" on Zoning Exhibit A ("Point A") to a
point which is approximately two hundred fifty
(250) feet north of the southernmost boundary of the
Stigall Property shown as "Point B" on Zoning
Exhibit A ("Point B"), including right of way across
the parcels identified as Tax IDs 735-708--1144,
734-709-8833, 735-709-5944, and 735-709-0665, as
applicable, all as shown conceptually on Zoning
Exhibit A (the "Western Special Access Street"),
shall be dedicated, free and unrestricted,- to and for
the benefit of Chesterfield County. The exact
location of the Western Special Access Street shall
be approved by the TransportatiOn Department.
0i)
Prior to issuance of an occupancy permit for any
development on the ~Office/Service Property other
than as part of the parking area for the Wal-Mart
Property as identified in the Textual'Statement, the
Western Special Access Street from Point A to
Point B.shall be constructed as a two (2) lane road
and approved for State acceptance, as determined by
the Transportation Department. The developer shall
dedicate any additional ~right of way .(or easements).
required for this .improvement (e.g. slope easements
or temporary eul-de,sac), free and unrestricted, to
and for the' benefit of Chesterfield COunty.
Access Road to Stigall Property_.
(i)
Prior to any final site plan approval for any
development on the Stigall Property north of Point
B, a fifty (50) foot-wide right of way for the
Western Special Access Street and for the extension
of the Western Special Access Street as a special
access street purSuant to Section 19-505(b) of the
Zoning Ordinance extending from Point B to the
7 03SN0246-OCT22-BOS
(e)
western boundary of Tax ID 736-709-3667 shoWn
conceptually as "Point C" :on Zoning Exhibit A
(''Point C'), including right of way across the parcel
identified as Tax ID 735-709-5944, as applicable,
all as shoWn conceptually on Zoning Exhibit A (the
"Western Special Access Street Extension"), shall
be dedicated, free' and unrestricted, to and for the
benefit'of Chesterfield County. The exact location
of the Western Special Access Street and 'the
Western Special Access street Extension shall be-
approved by the TranSportation Department.
Prior to issuance of an occupancy permit for any
development on the Stigall Property north of Point
B, the Western Special Access Street from Point A
to Point B and the Western Special Access Street
Extension from Point B to Point C shall be
constructed as a two (2) lane road and approved for
State acceptance, as determined by the
Transportation Department. The developer shall
dedicate any additional right of way (or easements)
required for this improvement (e.g. slope easements
or temporary cUl-de-sac), free and unrestricted, to
and for the benefit of Chesterfield County.
Access Easement to Adjacent Property. Prior to any site
plan apProval~. on the Stigall. Property north of Point B, an
access easement, acceptable to the Transportation.
Department, shall be recorded across the Stigall Property
and/or across the parcel identified as TaXID 735-709-5944,
from the Western Special Access :Street Extension to the
parcel identified as Tax ID 736-710-0625, at'a location
acceptable to the. Transportati°n Department. The recorded
access easement shall include a condition that the easement
may not be used by any portion- of the parcel identified as
Tax ID 736-710-0625 which uses-Old Buckingham Road
for access, it being the intention that no traffic from Old
Buckingham Road shall be allowed to travel from Old
Buckingham Road to the Western Special Access Street
Extension.
Access Road to Sam's Club Property.
(i) Prior to any final site plan approval for any
development on the Sam's Club Property, a-fifty
8 03SN0246-OCT22-BOS
(50) foot wide right of way for a special access
street pursuant to Section 19-505(b)of the Zoning
Ordinance extending from WalMart Way at the
· location shown as "Point D" on Zoning Exhibit :A
(''Point D") to the common boundary line between
the Sam's Club Property and the parcel identified as
Tax ID 735-709,8503 shown as "Point E" on
Zoning Exhibit A ("Point "E"), all as shown
conceptually on-Zoning Exhibit A (the-"Eastern
Special Access Street,'), shall~be dedicated, .free and
unrestricted, to and for the benefit of Chesterfield
County.' The exact location-of the Eastern Special
Access Street shall be approved by the
Transportation Department.
(ii)
Prior to issuance of an occupancy permit for any
development on the Sam's-Club Property, the
Eastern Special AcceSs Street from POint D to Point
E shall be constructed asa two-(2) lane road and
approved for State acceptance, as determined -by the
Transportation Department. The developer .shall-
dedicate any additional fight of way (or easements)
required for this improvement (e.g. slope easements
or temporary cul,de-sac), ~free and unrestricted,~_to
and for the benefit of Chesterfield County. .
(g)
Access from U.S. Route 60.- Direct access ~fromthe :Wal-
Mart Property to Route 60 shall be limited to one (1) point
of access at substantiallY the! same: locationas the existing
point of access as generally shown on Zoning Exhibit A: If
relocated' from its existing location,-the exact location ~ of
the access shall, be approved by-the ::Transportation
Department.
Maximum Densities.
(i)
Development on the Office/Service Property shall not
exceed 40,000 gross square.feet:-of bUsiness park-USesor
equivalent traffic density as determined by~ the
Transportation Department consistent with the May, 2003-
Revised Traffic Impact-Analysis RepOrt fOr the Wal,Mart
Retail .Center Expansion prepared by Ramey Kemp_:&
AssoCiates of Richmond, Inc: (the "Traffic Analysis").
9 03SN0246-OCT22-BOS
(CPC)
(CPC)
13.
14.
(ii)
Development on the Wal-Mart Property-shall not exceed
212,428'gross square feet of shopping center .uses,
exclusive of outside display/storage/service areas that are
not covered or equivalent traffic density as determined~by
the Transportation Department consistent with the Traffic
Analysis.
(iii)
DevelOpment, on the Sam's Club Property Shall not exceed
a gasoline/service station with 12 fueling stations and
including a car wash facility:or equivalent traffic density as
determined by the Transportation Department consistent
with. the Traffic Analysis.
(iv)
Development: on the Stigall Property shall not exceed
104,800 gross square feet-of business park. uses or
.equivalent traffic density as determined by the
Transportation Department: consistent.-With the Traffic
Analysis.
Notwithstanding the foregoing, with the agreement: or-the
applicable property owners :and !the approval of:the
Transportation Department; density on any
Office/Service Property :orlhe s~igall property-may-be
transferred to other po~tions':iof:the'i6ffiee/S~vice Property
orthe 8figall :Property and density°n any Of the Wal,Mart
Property or the Sam's Club Pr0pe!Xy may be tra2nsf~rredto
other portions of the Wal-Mart ProPerty or'the Sam~s Club
Property. Density transfer(s)shall~ based on equivalent
traffic generation as determined bY: the:?:Transportati°n:~
Department. (T)
In conjunction with the approval: of this 'request, the~ TeXtual
Statement dated July 14, 2bb3, last irevised S~pt~mber 15, :2003.
shall be approved. (P)
C~h_ Proffer,- To mitigate the impaCt of development, prior to final
site, plan apProVal for hnY devel;i'ment on the Wal ihn Prope ;
the applicant or its assignee(s) shall;pay $3~0,000 to the' Cotmty;fOr'
impr;vements tothe area 1;eatediWithin~the boundaries'.°ithe'
Midlothian Area Community Plan: whiCh.;may include, bm-not
necessarily be l~ted to, traffic signalization, streetscape
improvements or acquisition of property or;' development rights.to
protect the entrance into the Village of Midlo~an,
NotWithstanding the foregoing, in~ the event application' for
approval ora site plan for development, on the. Wal-Mart Property-_
10 03'SN0246-OCT22-BOS
generally consistent with-the approved zoning is not submitted to
the County within six (6) mOnths from the date of rezoning
approval or thereafter diligently pursued in good faith to a final
decision, such payment shall become due and payable.thirty (3'0)
days after written request from the County to the applicant or its
assignee(s). In the event the funds paid are not used for such
purposes within fifteen (15) years of.receipt by-the County, any
unused funds shall be returned to the payor. (P & BM)
GENERAL INFORMATION
Location:
North line of Midlothian Turnpike, east and west of Wal-Mart Way. Tax IDs
734-709-6871, 8509 and 8833, 735-708-1144, 735-709.0665, 735-710-0007,
3714 and 7620 and 736-708-Part of 1856 (Sheet 6)i
Existing Zoning:
A, 0-2 and C-3
Size:
56.9 acres
Existing Land Use:
Commercial or vacant
Adjacent Zoning and Land Use:
North
South
East
West
- A, R-12, R-15 and 0-2 with Conditional Use; Single family'residential,
vacant or public/semi-public (electric substation or communications
tower)
A, R-MF, 0-2 and C-3 with Conditional Use Planned Development;
vacant
- A and R-15; Vacant or single family residential
- R-7; Single :familyresidential'or vacant
11 03SN0246-OCT22-BOS
Public Water System:
UTILITIES
There is an existing twelve (12) inch water line extending along Wal-Mart way
adjacent to the request site. Use of the public water system is intended. (Proffered
Condition 10)
Public Wastewater System:
There is an existing twenty-seven (27) inch wastewater mink line along Falling
Creek, adjacent to the request site. In addition, the existing Wal-Mart center is
connected to an eight (8)inch wastewater collector line that extends across the
western portion of this site and continues south along Wal-Mart. Way arid east
along Midlothian Turnpike. Use of the public wastewater system is intended.
(Proffered Condition 10)
ENVIRONMENTAL
Drainage and Erosion:
The property drains west directly into Falling Creek and eventually to James
River. There are currently no on- or off-site drainage or :erosion problems with
none' anticipated after development. A portion of the property is wooded and
should not be timbered without first obtaining a land disturbance permit. This
will ensure that proper erosion control measures are in place prior to any
timbering. (Proffered Condition 11)
Water Quality:
The western property line of the parcel follows Falling Creek, which is a perennial
stream and subject to a 100 foot conservation area (Resource Protection Area).
Wetlands are also located along the western property line.
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.
This request will have minimal impact on these 'services.
12 03SN0246-OCT22-BOS
Transportation:
The property, consisting of approximately fifty-seven (57) acres, is currently
zoned Agricultural (A) on approXimately twenty-six (26) acres, Corporate OffiCe
(0-2) on approximately three O) acres, and Community Business (C-3) on
approximately twenty-eight (28) acres. The applicant is requesting rezoning to C-
3 on approximately thirty-two (32) acres and Light Industrial (I-!) on twenty-five
(25) acres.
The applicant has submitted a map ("Zoning Exhibit A") that subdivides the
property into four (4) tracts: the Wal-Mart Property (26.5 acres), the
Office/Service Property (11.9 acres), the Stigall Property (13.1 acres), and the
Sam's Club Property (5.4 acres). Zoning Exhibit A also depicts a conceptual loop
road (the "Special Access-Street") extending from Wal-Mart Way ~through the
property and through several adjacent parcels. The purpose of the Special Access
Street is to provide access to all the area properties generally bounded by
Midlothian Turnpike (Route 60) to the south, Falling Creek to the west, Old
Buckingham Road to the north, and Olde Coach Village Subdivision to the east
("the Area").
In accordance with the Development Standards Manual in the Zoning Ordinance,
a traffic analysis is necessary to assist in evaluating the impact of a development
of this magnitude. The applicant submitted a traffic study, which satisfies the
Transportation Department requirements for an analysis of the Area's traffic at
anticipated build-out. The applicant has proffered a maximum density on the
property, consistent with the density analyzed in the traffic study (proffered
Con&'tion 12.h.). The .applicant proposes developing 212,428. square feet of retail
(Note: this density includes the current 117,258 square foot store) on the Wal'
Mart Property, 40,000 square feet of business park uses on the Office/Service
Property, 104,800 square feet of business park uses on the Stigall Property, and a
gasoline/service station with tWelve (12) fueling stations plus a car wash on the
Sam's Club Property. Proffered Condition 12.h. would .allow development of
other equivalent traffic generators. The proffer would allow the density identified
for the office/service property and Stigall property to be transferred betWeen those
properties and the density identified for the Wal-Mart property and the Sam's
Club property to be transferred between those properties.
The major development within the Area consists of a 117,258 square foot Wal-
Mart store and a 134,020 square foot Sam's Club store. In conjunction with these
developments an additional lane of pavement along Route 60 for their property
frontage and intersection improvements at Wal-Mart Way/Route 60 were
provided. It is anticipated that the proposed expansion of the Wal-Mart store and
the other new development in the Area could generate approximately. 8,365
average daily trips. These vehicles will be distributed along Route 60, which had a
2001 traffic count of 42,085 vehicles per day. Traffic volumes along sections of
13 03SN0246-OCT22-BOS
Route 60 exceed its capacity, and drivers experience congestion especially during
peak periods. Route 60 from Courthouse Road to Old Buckingham Road'should
be Widened to six (6) lanes, and is identified as a priority on the Board of
Supervisors' list of highway needs. No funds are included in the Virginia
Department of Transportation Six-Year Improvement Program for this
improvement.
The Thoroughfare Plan identifies Old Buckingham 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 along the Stigall Property,
measured from the centerline of Old Buckingham .Road, in accordance with that
Plan. (Proffered Condition 12.b.)
Development must adhere to the Development Standards Manual in the Zoning.
Ordinance relative to access and internal circulation (DiviSion 5). The
Thoroughfare Plan identifies Route 60 as a major arterial. Access to major
arterials and collectors, such. as Route 60 and Old Buckingham ROad, shouldbe
cOntrolled. The applicant has proffered that direct access frOm.the Wal-Mart
Property to Route 60 will be limited to the one (1) existing entrance/eXit
(Proffered Condition 12.g.). This proffer does not preclude the property from
accessing Route 60 via Wal-Mart Way. The applicant has also proffered that no
direct access will be provided from the property to Old Buc ~ldngham ROad.
(Proffered Condition .12.a.)
As previously stated, Zoning Exhibit A .shows the proposed Special Access Street
from Wal-Mart Way looping through the property and through several adjacent
parcels. The applicant has proffered to dedicate a fifty (50) foot wide right of Way
and build sections of the Special Access Street. with each tract that is developed
(Proffered Conditions 12.e., d, and f.). As proffered; - it may be necessary for. the
developer to acquire right'i of .way from one or more of the adjacent parcels, The
specific sections of the Special Access Street .that will be conStructed .-are
identified on the Zoning Exhibit A and referenced by Points A, B, C, D and:;E.
The entire loop road will not be provided (i.e., the section_between Points C and
E) with this development.' In conjunction with the development of the Wal-Mart
property and the Office/Service Property, the SpeCial Access Street 'will be
dedicated and constructed from Point A to Point B, 'in conjunction with the
development of the Sfigall Property, the Special Access Street will be dedicated:
and Constructed from Point Ato Point C. In conjunction with the development-Of
the Sam's Club Property, the Special Access Street will be dedicated and
constructed from Point D to-Point E.
An undeveloped parcel, which fronts along Old Buckingham Road, is locatedon
the east side of the Stigall Property.' The applicant has proffered to record an
access easement from the Special Access Street to .that adjacent.parcel (Proffered
Condition 12.e.). The proffer requires that the access easement include a condition
14 03 SN0246-OCT22-BOS
that.the easement cannot be used if access for that adjacent parcel is also provided
to Old Buckingham Road. This requirement would not allow traffic to travel from
Old Buckingham Road to the Special Access Street.
Transit service along Route 60 could be in demand in the future. Staff
recommends that in the event public transportation is ever provided in the area, a
parking area would be provided for the pickup 'and discharge of passengers. The
applicant's representative has indicated that due to development constraints, the
applicant is unwilling to commit a parking area for this use.
At the time of site plan review, specific recommendations will be made regarding
access and internal circulation.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Midlothian Area Community Plan and the
Northern Area Plan which suggest the south-central portion of the property
adjacent to Midlothian Turnpike is appropriate for retail and office/service uses
(Suburban Commercial District); the northern and eastern portions'of the property
adjacent to Old Buckingham Road and Olde Coach Village are. appropriate for
medium density residential of 1.51 to 4.0 units per acre; and the western portion
of the property adjacent to Millstone Creek Subdivision is appropriate for office,
medium density housing (7 to 14 units/acre), personal services and community
facilities uses (Planned Transition Area). (Reference attached "Compiled Land
Use Plan").
One of the goals of both the Northern Area Plan and the Midlothian Area
Community Plan is to address land use transitions to ensure protection of the
surrounding residential developments. This transition would promote decreasing
land use intensities in and around the Suburban Commercial District, thereby
minimizing traffic and other impacts upon surrOunding neighborhoods and
encouraging compatibility in scale and quality of design.
Area Development Trends:
Properties to the east and west of the request site are zoned residentially and are
developed as the Olde Coach Village and Millstone Creek Subdivisions.
Properties to the south are either developed for commercial use (Sam's Club), or
are currently vacant and zoned for a mix of residential, office and commercial
uses. Properties to the north are zoned Corporate Office (0-2) and are occupied
by public/semi-public uses Or are zoned residential or agricultural and are'
developed as part of the Old BUckingham Forest Subdivision or as single- family
residences on acreage parcels. It is anticipated that development adjacent to'the
15 03 SN0246-OCT22'BOS
existing commercial uses (Wal-Mart and Sam's Club) would provide appropriate
land use transitions to these existing residential developments, as suggested by the
Plan.
Zoning History:
On November 12, 1986, the Board of Supervisors, upon a ·favorable
recommendation by the Planning Commission, approved a rezoning of a fifteen
acre (15) acre tract from .Agricultural (A) to Community Business (B-2) with
Conditional Use Planned Development (Case 86Sl14) (Reference "Zoning
History" map attachment). Two (2) automobile dealerships were planned. A
portion of the property is incorporated into the current request. It should be noted
that staff recommended the inclusion of additional surrounding property as a part
of this application to assure proper land use transition and an internal access
system on property bounded by Millstone Creek and Olde Coach Village
SubdivisiOns, Midlothian Turnpike andOld Buckingham Road.
On April 22, 1987, the Board of Supervisors, upon a. favorable recommendation
by the Planning Commission, approveda rezoning, of a forty (40) acre tract from
Agricultural (A) to Community Business (B-2) and Office BUsiness (O) with
Conditional Use Planned Development (Case 878010). An office/commercial
COmplex was. planned. A portion of this property is incorporated :into the current
request. Condition 23 -of this case limited development within the B-2 portion, if
located adjacent to the north and northwestern portions of the proposed loop road
and beyond a depth of 350 feet from Midlothian TUrnpike, to Office Business (O)
uses, unless modified at the time of schematic plan review provided such uses
could be adequately screened from Millstone Creek Subdivision.
On November 23, 1988, the Board of Supervisors, upon a favorable
recommendation from the Planning Commission except for sign exceptions,
approved a rezoning from Agricultural (A) to Office Business (O) and
Community Business (B-2) with Conditional Use Planned Development On these
tracts-and an adjacent Community Business (B-2) tract; from Community
Business (B-2) to Office Business (O) with an amendment to Cases 86S114 ~and
87S010 on this tract and an existing Community Business (B-2) tract; and.from
Agricultural (A) to Residential (R-15), for a total of 23.6 acres (Case 87S160).
Three (3) automobile dealerships were planned. A portion of this property is
incOrporated into the current request.
On March 17, 1992, the Planning Commission approved a site plan for the
development of a retail store (Wal-Mart) located west of Wal-Mart Way (Case
91PR0267). In conjunction with the approval of this request, the access road
layout was amended from the design originally approved with Case 87S010.
16 03SN0246-OCT22-BOS
On June 15, 1993, the Planning Commission approved an amended site plan for
Wal-Mart which, in part, deleted the requirement to construct Famham Drive
Extended with the first phase of the Wal-Mart development, but rather phased
with future development. (Case 93PR0232)
On April 17, 2001, the Planning Commission accepted the withdrawal of a
request for site plan approval for the expansion of Wal-Mart (Case 00PR0184).
Staff had recommended denial of this application due, in part, to the plan not
meeting the requirements of Condition 23 of Case 87S010. SPecifically, ~the
proposed parking lot expansion was .to be located beyOnd 350 feet north of
Midlothian Turnpike, within an area restricted to uses permitted in the Office
Business (O) tract Urdess such uses-could be' screened--from the adjacent
subdivision. Staff was concerned that the expansion of the Wal-Mart facility
would not provide the-appropriate land ~use transition to the adjacent
neighborhood.
Site Design:
The request property lies within an Emerging Growth Area. Development of the'
site must conform to the' requirements of the Zoning Ordinance .which address
access, parking, landscaping, architectural treatment, setbacks, :signs, buffers,
utilities and screening'of dumpsters and loading areas.
Area Improvements:
A cash payment has been proffered for the purpose of mitigating the impact' of the
development on the area within the boundaries of the Midlothian Area Plan.
(Proffered Condition 14)
USES:
The.-applicant has identified several uses.that Could:be potentiallyobjeCtionable to
area property owners and _has proffered to eliminate-these uses :from the ::Light
Industrial (Office Service andStigall Properties) and. the Community CommerCial
(Sam's Club and Wal-Mart Properties) portions of the development. (Proffered
COnditions 1 and 2)
In an effort to prevent parking from encroaching 'beyond its existing western
limits; an exception is requested to permit parking' for any use within, the C-3
portion of the project (Wal,Mart Property) to extend nOrth beyond the proposed
C-3 limits for a maximum of 150 feet into. the I-1 (Office/Service Property)
(Textual Statement).
17 03SN0246-OCT22-BOS
Architectural Treatment:
Architectural treatment of buildings, including materials, color and style, must be
compatible with buildings located within the same project. Compatibility may be
achieved through the use of similar building massing, materials, scale, colors and
other architectural features~
Within Emerging Growth Areas, no building exterior which would be visible to
any A or R District or any public fight of way may consist of architectural
materials inferior in quality, appearance, or detail to any other exterior of the same
building. There is, however,, nothing to preclude the use of different materials on
different building exteriors, but rather, the use of inferior materials on sides which
face adjoining property.. No portion of a building constrUcted of unadorned
concrete block or corrugated and/or sheet metal may be visible from any adjoining
A or R District or any public right of way. No building exterior may be
constructed of unpainted concrete block or corrugated and/or sheet metal. All
junction and accessory boxes must be minimized from view of adjacent property
and public rights of way by landscaping or architectural treatment integrated with
the building served. Mechanical equipment, whether ground-level or rooftop,
must be screened from view of adjacent property and public rights of way and
designed to be perceived as an integral part of the building.
The applicant has proffered that any expansion of the existing Wal-Mart building
will be consistent with the architectural elevations accompanying this report
(Proffered Condition 3). Further, in consideration of existing adjacent residential
development to the north and east, proffered conditions limit building heights
within the Office/Service and Stigall Properties to.below that typically permitted
in the Light Industrial (I-l) District. (Proffered Condition 4)
Buffers and Screening:
The Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters,
garbage cans, trash compactors, etc.) on property which is adjacent to an'A or R
District be screened from view of such district by a masonry or concrete wall
which is constructed of comparable materials to and designed to be compatible
with the principal building that such area serves andthat such area within 1,000
feet of any A or R Districts not be serviced between the hours of 9:00 p.m. -and
6:00 a.m.
Currently, Emerging Growth Area standards require that sites must be designed
and buildings oriented so that loading areas are screened from A and R properties
and from public rights of way. The I-1 properties (Office/Service and Stigall) are
bound by existing or proposed public rights-of-way as' Well as residential and
agricultural properties, which presents a challenge in meeting this building
orientation requirement. As a result, the applicant has requested that for the
18 03SN0246-OCT22-BOS
Office/Service and Stigall Properties, this loading 'area orientation requirement be
waived, but the Screening provisions for such loading areas remain applicable
(Textual Statement).
With the approval of this request, outside storage would be permitted as a
restricted use within the Community Business (C-3) portion of the request.
Outside storage areas mustbe screened from view of adjacent properties that have
no such areas and public rights of way. In addition~ no more than ten (10) percent
of the gross floor area of the.principal USe may be used for Outside storage.
Properties to the west adjacent to the C-3 portion of the request (Wal-Mart
Property) are zoned Residential (R-7) and are occupied by single family
residences. The Zoning Ord'mance requires a minimum seventy-five (75) foot
buffer along the western property boundary within this C-3 portion of the request.
In an effort to provide transition to these residential properties, the applicant has
proffered to maintain setbacks ranging from appro>fimately 200 to 330 feet offthis
western boundary for buildings, parking and driveways, as shoWn on the Exhibit
A (proffered Condition 5.Co)). Within this setback, landscaping will be provided
in accordance with the applicant's "Western Boundary :Landscape Plan", which
includes a tree preservatiOn area that protects trees exceeding four (4) inches'in
caliper (proffered Conditions 8.(a)). Installation of a retaining wall will be
necessary. At time of site plan review, an engineer must sign and seal ~the
documents to insure that the' wall is designed to support the plantings, fencing and
guardrails behind the wall. This landscape plan may-be modified at the timeof
site plan review if such-modifications are consistent with the overall effect of the
plan. Given the potential impact that such adjustments may have in providing.
appropriate land use transitions to the west, 'staff recommends that any
landscaping plan adjustments' be considered by the CommisSiOn through the site
plan review process. This-would allow greater inPut from the public regarding
any changes.
Adjacent properties to-the east of the C,3 (sam's Club Property) are zoned
Residential (R-15) and Agricultural (A) and are currently Vacant. The Ordinance
requires a minimum, seventy-five (75) foot buffer along the eastern property
boundary adjacent to theseR~15 and A properties. Atthe time of site plan review,
the Planning Commission may modify this buffer under certain circumstances. '.In
addition, at such time that adjacent residential or agricultural property is zoned or
utilized for a non-residential USe, the'buffer can be further reduced or'eliminated.
Properties to the east and' west adjacent to the. I-1 portions of the request
(Office/Service and StigalI Properties) are ZOned Residential (R-7)and
Agricultural (A)'and are Occupied by single family residences or are currently
vacant. The Ordinance requires a minimum fifty. (50) foot buffer along these-
property boundaries within theSe I-1 portions of the project. At the time of site
plan review, the Planning Commission may modify these buffers under certain
19 03 SN0246-OCT22-BOS
circumstances. In addition, at such time that adjacent residential or agricultural
property is zoned or utilized for a non-residential use, the buffer can be further
reduced or eliminated. An exception is requested to reduce the building, parking
and driveway setbacks adjacent this eastern boundary to a minimum of fifty (50)
feet (Reference "Building Setbacks" section of this report). Therefore, it is
anticipated that an exception to this eastern buffer requirement may be sought at
the time of site plan review, should this setback modification be approved.
Properties along the north line of Old Buckingham Road are developed for single
family residential use, with the majority of these dwellings fronting this corridor.
The applicant has proffered that within twenty-five (25) feet of Old Buckingham
ROad, trees containing a caliper greater than four (4) inches, versus the Ordinance
requirement of eight (8) inches, be retained (Proffered Condition 9). To minimize
the views of the proposed light industrial development along the south line of this
road from this adjacent residential development, staff recommends the
establishment of a filly (50) foot buffer along Old Buckingham Road within this
light industrial property. This recommendation is typical of Ordinance
requirements for buffers between adjoining light industrial and residential
districts.
It should be noted that conditions of Case 87S010, as amended by Case
89SN025~; require the provision of a seventy-five (75) foot buffer around the
perimeter of the adjacent Dominion Power property (Tax ID 735-709-5944) if
developed for uses other than an electric substation. A portion of the proposed
loop road encroaches into this potential buffer area necessitating Planning
Commission approval through the site plan review process for any future 0-2 or
office/warehouse development on this Dominion Power Property.
Landscaping:
In addition to "Western Boundary Landscape 'Plan" discussed herein, landscape
plans have also been proffered along the southern and eastern boundaries:of the
Wal-Mart Property (''RoUte 60 Boundary Landscape Plan" and the "Eastern
~Boundary Landscape Plan") (Proffered Conditions 7.(b) and (c)). The intent of
these plans is to soften the views of the Wal-Mart building from Midlothian
Turnpike. Given that theSe plans were generated in response to concerns
expressed by both the staff and area residents relative to the visual impact of the
proposed building expansion upon the Midlothian corddor~ staff recommends that
any landscaping plan adjustments be considered by the Commission through the
site plan review process.
Setbacks:
The Ordinance requires that. within the I-1 District, uses are to be located a
minimum of 100 feet from any A or R District. The applicant is requesting an
20 03SN0246-OCT22-BOS
exception to this setback as it applies to the Stigall Property. A fifty (50) foot
setback is proposed from the eastern property boundary. (Textual Statement)
Proffered conditions limit the location of buildings on the Wal-Mart Property to a
depth of 550 feet north of the Midlothian Turnpike right of way, as depicted on
Exhibit A (Proffered Condition 5.(a). This proffer does not preclude the location
of parking and drives within the Wal-Mart 'Property beyond' this 550 foot
measurement.
Lighting:
The applicant has addressed updating site lighting in conformance with current
Ordinance standards as well as limiting the type of building-mounted light
fixtures for the Walmart Property if triggered by a building expansion of more
than 20,000 square feet. (Proffered Condition 6)
Parking Lot Cleaning:
Proffered Condition 7 limits the hours of parking lot cleaning activities. This
proffer is difficult, if not impossible for staff to enforce. Therefore, it is
recommended that this proffer not be accepted.
CONCLUSIONS
The proposed zoning and land uses do not conform with the Midlothian Area Community
Plan and the Northern Area .Plan Which suggest that the northern and eastern portions of
the property are appropriate -for medium density residential of 1.51 to 4.0 units per acre,
while the western portion of the property is appropriate for office, medium density
housing (7 to 14 units/acre), personal services and community facilities uses.
The requested setback exceptions for the Light Industrial (I-1)Portion of the project in
combination with minimal buffering;~fail to provide appropriate land use transitions to'the
adjacent residential and agricultural properties the north and east that will ensure
protection of the surrounding residential developments.
Given these considerations, denial of this request is recommended.
It should, however, be noted that this'case, coupled with the pending cases for Poseidon
(03SN0284) and William P. Sowers (038N0245), could accomplish appropriate land use
and transition while zoning and planning for the development of most of the remaining'
vacant~ property between 'Route 60 and Old Buckingham Road between Olde Coach
Village and Millstone Creek. It Would be important to-address adequate bufferS and
setbacks adjacent to residential development and Planning Commission approval of any
deviation from landscaping plans.
21 03SN0246-OCT22-BOS
CASE HISTORY
Applicant (9/9/03):
Proffered Condition 14, as discussed herein, was submitte&
Applicant (9/15/03):
A revised Textual Statement. withdrawing the setback exception along Old
Buckingham Road was submitted. Also, revisions to Proffered Conditions 1, 8.(a)
and 8.(c) were submitted to address concerns of Midlothian-area residents.
Proffered Condition 9 was amended to increase the width of the tree preservation
along Old Buckingham Road and Proffered Condition 12.(h) was amended to
restrict transfer of densities within the project.
Planning Commission Meeting (9/16/03):
The applicant'did not accept staffs recommendation, but did accept the Planning
Commission's recommendation.
Support was present indicating that the use provides convenient shopping
locations for area residentS; precludes access :to Old Buckingham Road; provides
substantial landscaping and monies for area. improvements.'
Opposition was present expressing concerns relative :to some of the I-1 uses; lack
of buffers along Old Buckingham Road; landscaping design; increased traffic; the
need for additional time to evaluate the proposal; safety; and precedent for future
area zonings which do not comply with the Plan.
Mr; Litton indicated that the applicants, together with Cases 03SN0284 (Poseidon
Swimming) and 03SN0245 (William P. 8owers) Offered an oppommity to zone
and plan most of the remaining vacant acreage in--the area with an internal road
network and proper land use transitions and buffers.
Mr. Stack indicated that the proposal offered an opPortunity to preclude additional
development accessing Old Buckingham Road. '
Mr. Cunningham indicated that a deferral may in order to allow further
negotiations to resolve the minor concerns which had been expresSed.
22 03SN0246-OCT22zBOS
Mr. Gulley indicated that his information indicated that the Stonehenge
community was not in unanimous favor of the expansion; expressed concerns
relative to the lack of bufferson Old Buckingham Road; and expressed'concerns
that the monies proffered could not be used to mitigate the impact of the
development on the Stonehenge neighborhood.
On motion of Mr. Litton, seconded by Mr. Stack, the Commission recommended
approval of this request and acceptance of the proffered conditions .on pages 2
through 11.
AYES: Messrs. Litton, Cunningham and Stack.
ABSTENTION: Mr. Gulley.
ABSENT: Mr. Geeker.
The Board of Supervisors, on Wednesday, October 22, 2003, beginning at 7:00 p.m., Will
take under consideration this request.
23
03 SN0246-OCT22~BOS
Textual Statement for AppliCation for:rezoning of
property located on the SOuth line of Old Buckingham Road
owned by Wesley C~ Stigall, Jr, and Jeanne'L. Stigall, Raymond Wilkerson
and Wal-MartReal Estate Business Trust
JUly 14, 2003
September 2, 2003
September 15, 2003
Overall Description
Approval for rezoning of a total of(i) 13.123 acres owned by Wesley C. Stigall, Jr. and
Jeanne L. Stigall and designated as Chesterfield County Tax IDs 735-710-0007, 735-709z0665,
735-710-3714, and 735-710-7620 (the "Stigall Property"), (ii) IL9 acres owned by Raymond
Wilkerson and designated as ChesterfieldCounty Tax ID's 734~709-8509 (part), 734-709-8833,
and 734-709~6871 (the "WilkerSon Property") and approXimately .3 acre owned by Wal-Mart
Real Estate Business Trust designated as Chesterfield County Tax ID 735-708-1144 (part) (the
"Wal-Mart Property") is being requested to rezone the Stigall Property and the Wilkerson
Property from Agricultural to I-1 and to rezone the Wal-Mart Property frOm C~3 to I-l, all with a
Conditional Use Planned Development to allow a modification of the permitted uses and
development conditions of the I-1 District as more particularly described in this Statement. The
Stigall Property, the WilkersonProperty and the,Wal-Mart Property, as defined in this Statement
shall be referred to collectively as the "Property".
Use Exception Requested
The portions of the Property:which are located within 150 feet of property zoned C-3
may be used for parking to serve C-3 uses.
Setback Exception Requested
To the extent that the Property'is located within 100 feet.of other property zoned A, R,R-
TH or R-MF, the setbacks required by Section 19-185 (c) of the ZOning Ordinance as apPlied to
the Property shall be reduced to fifty (50) feet adjacent to the eastern boundary of the Property.
Building Orientation/Screening Exception Requested
Section 19-185(d) shall not apply to the Property but the Property shall' be and remain
subject to the requirements of Section 19-572 of the Zoning Ordinance;
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