17SN0603
CASE NUMBER: 17SN0603 (Amended)
APPLICANTS: Gateway/Texas L.P. and
Goochland/West Creek Limited Partnership
CHESTERFIELD COUNTY, VIRGINIA
STAFF’S ANALYSIS Magisterial District: CLOVER HILL
9555 Midlothian Turnpike
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
FEBRUARY 22, 2017
BOS Time Remaining:
365 DAYS
Applicants’ Agent:
JIM THEOBALD
(804-771-9513)
Applicants’Contact:
FRANK PEARSON
(804-276-0300)
Planning Department Case Manager:
RYAN RAMSEY (804-768-7592)
APPLICANTS’ REQUEST
Request I: Amendment of zoning (Case 91SN0230) relative to hours of operation for outdoor retail
sales in Neighborhood Business (C-2) and Community Business (C-3) Districts. Specifically, the
applicant proposes the sale of gasoline (petroleum products) in conjunction with a convenience
store without limitation on hours of operation is planned.
Request II: Amendment of zoning (Case 01SN0276) relative to permitted uses. Specifically, an
increase in the area where motor vehicle sales and service are permitted on the portion of the
property zoned Community Business (C-3) is planned.
Request III: Amendment of zoning (Case 13SN0501) relative to access to Route 60 (Midlothian
Turnpike). Specifically, a second access into the property from Midlothian Turnpike, limited to right
turns in and out, is requested.
Request IV:Amendment of zoning (Case 91SN0230) relative to measurement of equivalent
transportation density.
Neighborhood and community business uses, except as restricted by previous conditions of zoning,
are planned. This application would permit gasoline sales twenty-four (24) hours a day, expand the
area where motor vehicle sales and service are permitted on the C-3 tract, modify the
measurement of equivalent transportation density, and provide a second access into the property
that would be limited to right turns in and out only.
Notes:
A.The only condition that may be imposed is a buffer condition. The property owner may proffer conditions.
B.Proffered conditions and previously approved Proffered Condition 10 of Case 91SN0230, Proffered
Condition 2 of Case 01SN0276, and Proffered Condition 1 of Case 13SN0501 are located in Attachments 1 -
4.
C.Since the Commission’s consideration of this question, the application has been amended to include
Request IV (equivalent transportation density).
Providing a FIRST CHOICE community through excellence in public service
RECOMMENDATIONS
PLANNING RECOMMEND APPROVAL
COMMISSION
(12/20/2016)
Request I (Amendment for Hours of Operation) - LIMITATIONS ON
HOURS OF OPERATION WERE NEGOTIATED WITH AREA PROPERTY
OWNERS. AFTER PUBLIC INPUT, SHOULD THE BOARD WISH TO
APPROVE REQUEST, ACCEPTANCE OF PROFFERED CONDITION 1IN
ATTACHMENT 1 WOULD BE APPROPRIATE.
Conditions minimize any adverse impacts upon neighboring
properties
Request II (Amendment for Permitted Uses) - RECOMMEND
APPROVAL
STAFF
Motor vehicle sales and service uses will be limited to the C-3
tract only, maintaining adequate separation of these uses from
adjoining residential development
Requests III and IV (Amendment for Access and Transportation
Density)-RECOMMEND APPROVAL
Proposal addresses the development density and accessing
Route 60
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Comprehensive Plan
Classification: CORPORATE OFFICE/RESEARCH & DEVELOPMENT/LIGHT INDUSTRIAL
The designation suggests the property is appropriate for corporate office, research, laboratories, and light
manufacturing and assembly uses that are generally dependent upon raw materials first processed
elsewhere.
Surrounding Land Uses & Development
Midlothian Turnpike
Moorefield
Office Park
Commercial
Moorfield
Park Drive
TuxfordRoad
Single-family Residential
(Shenandoah Subdivision)
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PLANNING
Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov
Zoning History
Case Number BOS Action Request
Rezoning from A, R-7 and B-1 to C-2 of 14.96 acres and to
C-3 of 7.21 acres.
91SN0230 Approved
(8/25/1993)
Location of specified uses and hours of operation were
limited
Amendment to Condition 6 of 91SN0230 to eliminate
the requirement that the access from Route 60 be
Approved limited to right turns in and out
01SN0276
(12/19/2001)
Amendment to Condition 15 of 91SN0230 to
accommodate expansion of a motor vehicle sales,
service and repair facility
Approved Amendment of 01SN0276 relative to the location of a
13SN0501
(5/22/2013) traffic signal.
Proposal
A convenience store with gasoline sales and motor vehicles sales and service uses are planned. To
accommodate the proposed development, the applicants are requesting modifications to permit
24-hour sales of gasolineand expand the area where motor vehicle sales and service are
permitted on the property. Outdoor retail sales are not permitted between the hours of 10:00
p.m. and 7:00 a.m. daily (Attachment 2). Motor vehicle sales and service uses are currently
restricted to approximately 1.5 acres on the western portion of the property. (Attachment 3)
The following chart provides an overview of the applicants’ request to modify the existing
conditions of zoning to accommodate planned commercial development on the property:
General Overview
Requirements Details
Permit gasoline sales 24-hours a day
Other outdoor retail activities, including loading and
Hours of Operation
unloading, precluded between the hours of 10:00
p.m. and 7:00 a.m.
Proffered Condition 1
Permit motor vehicle sales and service on any portion of
Location of Motor Vehicle Sales &
the property zoned C-3(approximately 7.7 acres)
Service Uses
Proffered Condition 2
Lighting for Fuel Pumps Recessed, flat lens fixtures flush with canopy underside.
Proffered Condition 5
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As proffered, the location of the motor vehicle sales and service uses will continue to be limited to
the C-3 tract only, which is located approximately 315 feet away from adjoining residential
development. In addition, existing conditions of zoning will continue to require75foot & 150foot
buffers adjacent to Shenandoah Subdivision(Proffered Condition 14 of case 91SN0230) and a 150
foot setback and screening of commercial uses that sell gasoline (Proffered Condition 16 of Case
91SN0230). These buffer, setback and screening requirements would provide adequate separation
and screening of permitted commercial uses, including retail sale of gasoline.
FIRE SERVICE
Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov
Nearby Fire and Emergency Medical Service (EMS) Facilities
Fire Station The Buford Fire Station, Company Number 9
EMS Facility The Forest View Volunteer Rescue Squad
This request will have minimal impact on Fire and EMS.
COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov
An existing condition limits development to 200,000 square feet of shopping center or other
land uses that are anticipated to generate equivalent traffic (Proffered Condition 5 of Case
91SN0230). Based on trip generation rate for a shopping center, the proposed development
could generate approximately 10,700 average daily trips.These vehicles would be initially
distributed along Midlothian Turnpike (Route 60), which had a 2015 traffic count of 68,680
vehicles per day (Level of Service E).
The applicant is requesting that equivalent density for the 200,000 square feet of shopping
center be based on average daily trips, instead of the typical peak hour trips (Proffered
Condition 4). Since the original rezoning in 1993, several amendments have been approved
regarding access to the property. The requested amendment is a minor modification to the
proffer.
Case 13SN0501 limits access from the property onto Route 60 to 1 entrance/exist (Proffered
Condition 1). The applicant is also requesting an additional access to Route 60 (Proffered
Condition 3). Separation between the 2 accesses will be approximately 300 feet.
The Transportation Department supports both requested zoning modifications.
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VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov
Access Management: VDOT has no objection to a proffered second access so long as
the location complies with the Departments Access Management Regulation spacing
standards. There appears to be adequate parcel frontage for the standard to be met.
With respect to the signal, previously evaluated by the Department was an appeal by
the applicant to the Commissioner for Department denial of a signal located
approximately 420’ west of Tuxford Road. The appeal response, dated January 15,
2014, indicated that VDOT would support a signal under the condition that a plan of
development is submitted and approved by both VDOT and Chesterfield County that
would include land uses and densities supporting a signal.
Previous Submittals: Our records show that the most recent plan submission for this
project was in August 2013 under County site plan 09PR0313. The plans have not been
approved. VDOT comments were provided on September 3, 2013. The scope of work
included signalization, one access and road improvements serving the Church parcel,
9529 Midlothian Turnpike. The plans did not show site development or land uses. Prior
to issuance of a permit for any construction activity within the right of way of
Midlothian Turnpike, these plans will need to be finalized to include the additional
proffered access, to include land uses and densities that would support signalization and
to address any remaining or outstanding comments.
Signal Warrants: A signal warrant analysis has been submitted by the applicant and is
currently under review by the Department. The analysis is being evaluated consistent
with applicant proposed land uses/densities and resulting traffic generation with
respect to MUTCD signal warrants.
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UTILITIES
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
Theproposal’s impacts on the County’s utility system are detailed in the chart below:
Water and Wastewater Systems
Currently Size of Closest Connection Required by County Code
Serviced Existing Lines
Water No 16”Yes
Wastewater No 8”Yes
Map 5: Existing Water & Wastewater Systems
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Additional Information:
Located in mandatory water and sewer connection area. There is a sixteen (16) water line along
Midlothian Turnpike. There is an eight (8) inch sanitary sewer line on site and along the western
part of property line.
Utility easements for water and sewer extensions may be required as determined by the utilities
department.
ENVIRONMENTAL ENGINEERING
Staff Contact: Rebeccah Ward (804-748-1028) wardr@chesterfield.gov
Issue Discussion/Conditions
The properties are located within the Falling CreekWatershed.
The subject properties drain to the south through the
Shenandoah Subdivision to Pocoshock Creek. Shenandoah
subdivision was construction in 1964, and has inadequate culverts
under Tuxford Road, as well as the paved ditches that transport
Geography
the water from Tuxford Road through the subdivision to
Pocoshock Creek. In addition, several houses were also
constructed when the County required no setback from
floodplains, resulting in several homes being constructed close to
the creek.
The proposed amendment does not amend Proffered Conditions 2 and 3
from previous zoning Case 91SN0230 or Proffered Conditions 6 and 7
Drainagefrom previous zoning Case 08SN0501, which address flooding impacts to
the downstream properties and roadways in the Shenandoah
Subdivision.
The development will be subject to the Part IIB technical criteria of the
Storm Water
Virginia Stormwater Management Program Regulations for both water
Management
quality and water quantity.
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CASE HISTORY
Applicant Submittals
10/10/16 Application and proffered conditions submitted
2/2/17 Application amended. Proffered conditions submitted.
Community Meeting
11/29/16 Issues Discussed
buffers adjacent to Shenandoah Subdivision
Location of proposed access and signal improvements along Route 60
Encourage sidewalks and pedestrian connectivity to site to discourage cut-
through pedestrian activity through lots in Shenandoah
Ongoing drainage issues from Moorefield Office Park
Minimize additional runoff from planned development
Planning Commission Meeting
12/20/16 Citizen Comments
One adjacent property spoke in opposition to the proposed convenience
store in proximity to the Shenandoah subdivision, and expressed concerns
relative to existing area drainage problems.
Commission Discussion
Mrs. Freye noted the community meeting was well-attended; that the
proposed convenience store was permitted by existing conditions of zoning;
that existing drainage issues experienced by the community arelargely
attributable to the adjacent office park; and that drainage resulting from
this development would be addressed through the site plan process.
Recommendation: APPROVAL AND ACCEPTANCE OF THE
PROFFERED CONDITIONS IN ATTACHMENT 1
Motion: Freye Second: Wallin
AYES: Wallin, Sloan, Freye, Jackson and Jones
Board of Supervisors Public Hearing
1/25/17ACTION –DEFERRED TO BOARD’S FEBRUARY 22, 2017 MEETING WITH THE
APPLICANTS’ CONSENT
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ATTACHMENT 1
PROFFERED CONDITIONS
Notes:
A.Both the Planning Commission and staff recommend acceptance of Proffered
Conditions 1, 2 and 3, as offered by the applicant.
B.Proffered Conditions 4 and 5 were submitted after the Planning Commission’s
consideration of the case. Staff recommends acceptance of Proffered Conditions 4
and 5, as offered by the applicant.
The Applicant hereby amends Proffered Condition 10 of Case 91SN0230 to read as follows:
1.There shall be no outdoor retail activities (excluding accessory parking and sale of
petroleum products) loading or unloading activities between 10:00 p.m. and 7:00 a.m.
(P)
(Staff Note: Except as amended herein, all previous conditions of zoning
approved in Case 91SN0230 shall remain in full force and effect.)
The Applicant hereby amends ProfferedCondition 2 of Case 01SN0276 to read as follows:
2. Except as stated herein, in the Community Business (C-3) tract, uses shall be limited to
those uses permitted by right or with restrictions in the C-2 District plus fast food
restaurants, cocktail lounges as accessory to restaurant use and motor vehicle sales and
service. The following uses shall not be permitted in either the Community Business
(C-3) or Neighborhood Business (C-2) tract:
a. Coin-operated dry cleaning; pressing; laundry and laundromats;
b. Occult sciences such as palm readers, astrologers, fortune tellers, tea leaf
readers, prophets, etc.;
c. Group care facilities. (P)
(Staff Note: Except as amended herein, all previous conditions of zoning
approved in Case 01SN0276 shall remain in full force and effect.)
The Applicant hereby amends Proffered Condition 1 of Case 13SN0501 to read as follows:
3. Access from the Property to Route 60 shall be limited to two entrances/exits. The
entrances/exits shall be limited to right turns in and out and the locations shall be
approved by the Transportation Department, unless the Virginia Department of
Transportation (“VDOT”) approves a signalized crossover at the existing median break
just west of the Tuxford Road intersection for one of the entrances/exits; should VDOT
not approve a signalized crossover at the existing median break just west of the Tuxford
Road intersection, the previously-approved signalized intersection approximately 600’
west of Tuxford Road will remain in full force and affect. If VDOT approves a signalized
crossover to serve the Property, then right and left turn lanes shall be provided as
approved by VDOT. (T)
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The Applicant hereby amends Proffered Condition 5of Case 91SN0230 to read as follows:
4. The maximum density of this development shall be the number of Average Daily Trips
generated by 200,000 square feet of shopping center or equivalent densities as approved
by the Transportation Department. (T)
The Applicant hereby provides the following additional proffered condition as follows:
5. Lighting. Any lighting over any fuel pumps shall be recessed, flat lens fixtures and flush with
the canopy underside. (P)
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ATTACHMENT 2
APPROVED PROFFERED CONDITIONS 5 & 10 (91SN0230)
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ATTACHMENT 3
APPROVED PROFFERED CONDITION 2 & ZONING PLAN MAP (01SN0276)
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ATTACHMENT 4
APPROVED PROFFERED CONDITION 1 (13SN0501)
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