03SN0245-Oct 22.pdfOctober 22, 2003 BS
ADDENDUM
03SN0245
William P. Sowers Construction Co.
Midlothian Magisterial District
East line of Wal-Mart Way
REQUEST: Rezoning from Corporate Office (O-2) to Community Business (C-3).
On October 21, 2003, in an attempt to address concerns of area residents relative to permitted uses,
the applicant submitted amended Proffered Condition 1. This amendment restricts continuous
outside display of merchandise for sale to that associated with a garden center use (Proffered
Condition 1 .(n)) and prohibits motor vehicle sales and rentals. (Proffered Condition 1.(r))
Should the Board wish to consider this revised proffered condition, it will be necessary to suspend
the procedures as the revised proffers were not submitted prior to advertisement of the case.
Staff continues to recommend denial of this request for reasons noted in the "Request Analysis".
PROFFERED CONDITION
1. Uses. No portion of the Property shall be used for any of the following:
(a)
(b)
(c)
(d)
(e)
(0
(g)
(h)
(i)
0)
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.
Park and ride lots.
Secondhand and consigment stores.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
(k)
(1)
(m)
(n)
(o)
(p)
(q)
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)
2 03 SN0245-OCT22-ADDENDUM-BOS
~-*~'~' !6 2993 CPC
October 22, 2003 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
03SN0245
William P. Sowers Construction'CO.
Midlothian Magisterial District
East line of Wal-Mart: Way
REQUEST: Rezoning from Corporate Office (0-2) to Community BusineSs (C~3).
PROPOSED LAND USE:
Community Commercial (C-3) uses are prOposed, except as limited by
proffered conditions.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED
CONDITIONS ON PAGES 2 THROUGH 4.
AYES: MESSRS. GECKER, LITTON, CUNNINGHAM AND STACK.
NAY: MR. GULLEY.
STAFF RECOMMENDATION
Recommend denial for the following reason:
The proposed' zoning and land use do not confOrm with the Midlothian Area
Community Plan and the Northern Area Plan which suggest that the eastern edge
of the property is appropriate for medium density residential of 1.51 to 4.0 units
per acre, while the northern portion of the property is appropriate for medium/high
density residential development of 4.01 to 7.0 dwelling unitS per acre.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
'(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER
CONDITION~ ' THE'PROPE~TY'OWNER(S) MAY PROFFER OTHER CONDITIONS.
THE CONDITIONS NOTEDWITH "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
(I1950: as amended) and the ZOning Ordinance of Chesterfield County, for themselves and
their successors or.assigns, proffer: that the development of the property designated as
Chesterfield County Tax IDs 735-709-8503 and 735-709-5944 (part) containing atotal of
5,2 acres as shown on the drawing prepared by Koontz-Bryant, P.C., dated August 25,
2003, entitled' "ZOning. Exhibit A" ("Zoning E~bit A") (the "Property")under
consideration will be-develop~ed according to the 'follOwing proffered conditions if, and
only if,' the request for rezoning of-the Property to C-3' for.development of retail 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 mediately be null and void and. of no
further force or effect. If the Zoning is granted, these Pr°ffered conditions will sUPersede
all .proffers and conditions now applicable to the Property.
(CPC) 1.
Uses. No portion of the Property shall be used for any of the
~ following:
(a)
(b)
(c)
(d)
(e)
(0
(g)
(i)
0)
(k)
(1)
(m)
(n)
(o)
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.
Park and ride lots.
Secondhand and consignment stores.
Commercial kennels;
Residential multifamily and toWnhouses.
Omside storage of construction equipment/materials.
Outside runs for veterinary hospitals.
:Massage clinics except when located within a health club,
tanning salon or similar facility.
2 03SN0245-OCT22-BOS
(CPC)
.(cpc)
(CPC)
(CPC)
(cpc)
o
Cigarette outlet store which shall mean a store where the
primary product offered for sale is cigarettes in bulk on a
discounted basis. (P)
Building Heights. Buildings on the Property shall have a
maximum of one' (1) story and shall not exceed twenty five (25)
feet in height. (P)
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)
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 until a
~land disturbance permit has been obtained from the .Environmental
Engineering Department and the approved devices have been
installed. (EE)
' 'Transportation
(a) Access Road to Wal-Mart Way.
(i) Prior to any final site plan approval fOr any
development on the 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 WalMart Way at the location shown
as "Point D" on Zoning Exhibit A ("Point D") to the
common boundary line between the parcel
identified as Tax ID 736-709-1439 and the parcel
identified as Tax ID 736-709-3667, including fights
of way across the parcels identified as Tax ID's
736-708-1856, 73'6-709-4223 and 736-709-1439
shown as "Point F'? on Zoning Exhibit A ("Point
F"), all as shown Conceptually on Zoning Exhibit A
(the "SpeCial Access Street").shall be dedicated,
free and unrestricted, .to and for the benefit of
Chesterfield County. The exact location of the
Special Access-Street shall be approved by the
Transportation Department.
3 03SN0245-OCT22-BOS
(ii)
Prior to issuance of an occupancy permit for any
development on the. Property, the Special Access
Street 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 cubde-sac), fxee and unrestricted, to
and for the benefit of Chesterfield CoUnty.
(iii)
In the event the developer is unable to acquire the
right of way across the parcels identified as Tax
ID's 736-709-4223 and 736-709-1439 necessary for
the Special Access Street as identified- in Proffered
Condition 6(a)(i) and (ii), the developer may
request, in writing, the CoUnty to acquire such right
of way as a public road improvement. All costs
associated with the acquisition of the right of way
shall be borne by the developer. In the event the
CoUnty chooses not to assist the developer in
acquisition of the "off-site" right of way, the
developer shall be relieved of the obligation to
acquire the "off-site" right of way and construction
of the Special AcceSS Street across the parcels
identified as Tax ID's 736-709-4223 and 736-709-
1439.
(b)
Maximum Density. Development on the Property shall not
exceed 40,000 gross square feet of shopping center uses or
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. (T)
GENERAL INFORMATION
Location:
East line of Wal-Mart Way, north of Midlothian Turnpike. Tax IDs 735-709-
8503 and Part of 5944 (Sheet 6).
Existing Zoning:
0-2
4 03SN0245-OCT22-BOS
Size:
5.2 acres
Existing Land_Use:
Vacant
Adjacent Zoning and Land Use:
North 0-2 with Conditional Use; Public/semi-public (electric substation or
communications tower)
South - 0-2; Vacant
East - A; Vacant
West - C-3; Commercial
UTILITIES
Public Water System:
There is an existing twelve (12) inch water line extending along Wal-Mart Way,
adjacent to the western boundary of the request site. Use of the public water
system is intended: (Proffered Condition 4)
Public Wastewater System:
There is an existing twenty-seven (27) inch wastewater mink line extending along
Falling-Creek, approximately 800 feet west of the request site. In addition, an
eight (8) inch wastewater collector line serves the existing Wal-Mart,
approximatelY 350 feet south of this site. Use of the public wastewater system is
intended. (Proffered Condition 4)
ENVIRONMENTAL
Drainage and Erosion:
The property drains to Wal-Mart Way and then via storm-sewer system to Falling
Creek.- There are currentlY .no on- or off-site drainage or erosion problems with
none anticipated after development. 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 5)
5 03SN0245-OCT22-BOS
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 fire and emergency medical Services.
Transportation:
The property, consisting of approximately five (5) acres, is currently zoned
Corporate Office (0-2). The applicant is requesting rezoning to Community
Business (C-3).
The applicant has submitted a map ("Zoning Exhibit A") that identifies the
property, and 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 this
development. 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
Condition 6. b.). The applicant proposes developing 40,000 square feet of retail or
other equivalent traffic generators.
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 was provided.
It is anticipated that this development 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 20'01 traffic count of 42,085 vehicles per
day. Traffic volumes along sections of 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.
6 03 SN0245-OCT22-BOS
Development must adhere to the Development Standards Manual in the Zoning
Ordinance relative toaccess and internal circulation (Division 5). 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
only a section of the Special Access Street (Proffered Condition 6. a.). The
specific section of the. Special Access Street' that will be constructed is.identified
on the Zoning Exhibit A and referenced by Points D and F. In conjunction with
the development of the property, the Special Access Street will be dedicated and
constmctedfrom.Point D to Point F. However, as proffered, it will be necessary
for the developer to acquire fight of way from three (3) adjacent parcels to
construct this section of the Special Access Street. According to Proffered
Condition 6.a., if the developer is unable to. acquire the fight of way for any of this
improvement, the developer may request the County to acquire the right of Way as
a public road improvement. All costs .associated with the acquisition will be
borne by the developer. If the County chooses not to.assist with the right of way
acquisition for two (2) of the three-(3) parcels, the developer will not be obligated
to acquire the "off-site" right of way across those two (2) parcels, and will only be
obligated to construct the road within available right of way. This would result in
the Special Access Street being constructed from Point D to the 'northern
boundary of the subject property.
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 be provided for the pickup and discharge of passengers. The
applicant's representative-has indicated that due to development constraints they
are 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 western portion of the property adjacent to
Wal-Mart Way is appropriate for retail and office/service uses (Suburban
Commercial District); the eastern portion of the property is appropriate for
medium' density residential development of 1.51 to 4.0 units per acre; and the
northern portion of the property is appropriate for medium/high density residential
uses of 4.01 to 7.0 dwelling units per acre. (Reference attached "Compiled Land
Use Plan")
7 03SN0245-OCT22-BOS
One of the. goals: of both the Northern Area Plan and the Midlothian Area
Community Plan isto address land use transitions to ensure protection of the
surrounding residential developments. This transiti°n would promOte decreasing
land use intensifies in and arOund the Suburban COmmercial District, thereby
minimizing traffic and other impacts upon surrounding neighborhoods and
encouraging cOmpatibility in scale and qualitYof design.
Area Development Trends:
Properties to the weSt-of the request site are: zoned agriculturally and are-vacant.
Properties-to the to the north and south are.zoned: Corporate Office (0-2) and are
occupied by public/semi-public uses or are Vacant. Property to the 'west is zoned
CommUnitY Commercial (C-3) as has been( develop for commercial-use (Wal-
Mart)-or is~ vacant. It is anticipated that development adjacent to the eXisting
commercial uses (Wal-Mart andSam's Club)~wouldprovide appropriate land use
transitions to the existing residential developments to the north, east and west
(Old BUckingham Forest, Olde Coach Village and Millstone Creek) as suggested
by the Plan.
Z°ning 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'). Two (2) automobile dealerstU'ps 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 and Old Buckingham Road.
On April 22, 1987, the Board of Supervisors, upon a favorable recommendation
by the ~ Planning Commission, approved a 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 87S010). 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,
8 03SN0245-OCT22-BOS
approved a rezoning from Agricultural (A) .to-Office Business (0) and
Community BUSiness ([I-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.
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.
Uses:
The applicant has' identified several uses that could be potentially objectionable to
area property owners and has proffered to eliminate these uses from the Sowers
Property. (Proffered Condition 1)
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, R or O District or any public right- 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, R or O 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.
9 03SN0245-OCT22-BOS
Within the Community BUsiness (C-3) District, the Ordinance limits the.height of
buildings to two (2) stories or thirty (30) feet, whichever is less, if located beyond
100 feet of any agricultural district designated for residential use by the Plan.
Beyond this distance, building heights may be increased to three (3) stories or
forty-five (45) feet, whichever is .less. In consideration of the existing residential
developments to the north and west, proffered conditions limit building heights
within the Sowers Property to one (1) story and twenty-five (25) feet. (Proffered
Condition 2)
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 and that 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. In addition, sites must be designed and buildings oriented so that
loading areas are screened from any property where loading areas are prohibited
and from public rights of way.
With the approval of this request, outside storage would be permitted as a
restricted use. Outside storage areas must be screened from view of adjacent
properties which 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.
Adjacent properties to the east are zoned Agricultural (A) and are currently
vacant. The Plan suggests that these properties are appropriate for residential
development. As a result, the Ordinance requires a minimum seventy-five (75)
foot btfffer along the eastern property boundary of the request property. At the
time of site plan. review, the Planning Commission may modify these buffers
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.
It should be noted that conditions of Case 87S010, as amended by Case
89SN0259, 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 mad 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 site.
10 03 SN0245-OCT22-BOS
parking Lot Cleaning:
Proffered ConditiOn 3 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 proposedzoning and-land uses :do not conform with the Midlothian Area Community
plan and the Northern Area Plan which suggest that the eastern edge of the Property is
appropriate fOr medium density residential of 1.51 to 4.0 units per acre, while the
northern portiOn of the property is appropriate-.for medium/high density residential
development of 4.01 to 7.0 dwelling units per acre.
Given this consideration,, denial of this request is recOmmended.
R~ should, however, be noted that this case, coupled with the pending cases for Wal-Mart
(038N0246) and Poseidon (03SN0284), 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.
CASE HISTORY
Applicant (9/1'5/03):
Proffered Condition 1 was amended to further restrict the uses permitted.
Planning Commission .Meeting (9/16/03):
The applicant did not accept staff's recommendation, but did accept the Planning
Commission' s recommendation.
Opposition expressed'concerns that the proposal would create additional traffic
and' result in the intrusion of lights upon residents on Old Buckingham Road.
Mr. Litton indicated that this proposal represents part of a package to zone and
plan the remaining vacant land in the area resulting in less traffic impact on the
area and good land use transition.
11 03SN0245-OCT22-BOS
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 4.
AYES: Messrs. Gecker, Litton, Cunningham and Stack.
NAY: Mr. Gulley.
The' Board of Supervisors, on Wednesday, October 22, 2003, beginning at 7:00 p.m., will
take under consideration this request.
12 03 SN0245-OCT22-BOS
GPIH: 7367100625t
GPIN: 7357103714 C-PIN; 7357107620
:- ._ . £._'.; :_' _'£'. Z.._:: .' ~'. '... '.'_ ' .........
GPIN: 7367103031
GPIN: 7347096871
PROPERTY
11.9 Ac,
POINT "B"
EXIS'~NG
PO~R
OPIN: 7357095944
GPIN: 73670936~T
/
POSEIDON
PROPERTY
GPIN: 7367094-223
WAL-MART
PROPERTY
26.5 Ac,
GPIN: 7357081144
5.2 Ac.
GPIN: 7357098503
'OINT 'D'
'OINT "E" .
SAM'S ClUB
PROPERTY
5.4 Ac.
EXIS'IING
SAM'S ClUB :,
GPIN: 7367081856
GPIN:
U.S. ~oU'~ 60f
o,5 S NO z.4 5 -,5