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93SN0228I, ,I,, ")~I ~q~ ~'"D("' August 25, 1993 BS REQUEST ANALYSIS AND RECOMMENDATION 93SN0228 Terry L. Earnest Midlothian Magisterial District 13856 Midlothian Turnpike RE©UEST: Rezoning from Residential (R-7) to Neighborhood Business (C-2). PROPOSED LAND USF: An arts and antiques shop is planned; however, with approval of this request, the property could be used or developed for other C-2 uses, except as restricted by Proffered Condition 1. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDTIlONS ON PAGES 2 THROUGH 5. Recommend A. Bo STAFF RECOMMENDATION approval for the following reasons: With the proffered condition which restricts the uses permitted and the size and shape of the property which will limit the scale of the project, the proposed zoning and land uses conform with the Midlothian Area Community Plan, which designates the property as a Village Fringe Area which is appropriate for mixed use development to include office, multi-family housing, community facilities and personal services. The proposed Neighborhood Business (C-2) zoning is compatible with, and representative of, area development trends. The development standards of the Zoning Ordinance and proffered conditions insure quality development and land use compatibility. (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER MAY PROFFER OTHER CONDITIONS. CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER 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 (STAFF/CPC) 1. Uses permitted shall be limited to those permitted by right and as accessory in the Convenience Business (C-1) District, plus the following uses: (a) Antique shops, not to include pawn shops and secondhand stores. (b) Art schools, galleries or museums. (c) Artist material and supply stores. (d) Bicycle sales and rentals. (e) Catering establishments. (f) Clothes stores. (g) Curio or gift shops. (h) Delicatessens. (i) Funeral homes or mortuaries. (j) Hobby stores. (k) Jewelry stores. (I) Libraries. (m) Medical facilities or clinics. (n) Messenger or telegraph services. (o) Musical instrument stores. (P) Office supply stores. (q) Optometrists sales and services. (r) Paint and wallpaper stores. (s) Pet shops, including pet grooming. (t) Philanthropic and charitable uses. (u) Photography studios. (v) Post offices. (w) Radio, television and other home entertainment, sales and services. (x) Rest, nursing and convalescent homes and other group care facilities. (y) Schools - music, dance and business. (z) Sewing machines sales, instruction and services. 2 93SN0228/WP/AUG251 (aa) Sporting goods sales. (bb) Telephone exchanges. (cc) Toy stores. (dd) Travel arranging and transportation ticket services. (ee) Veterinary clinics. (ff) Temporary outdoor Christmas tree sales provided that: (gg) (1) (2) (3) (4) (5) (6) Sales shall not begin before November 15 and shall be restricted only to retail sales of Christmas trees, wreaths, holly and similar decorative horticultural material. A temporary stand not to exceed two hundred (200) square feet in area may be constructed Or placed on site in accordance with any applicable law, and/or one properly licensed, inspected, and operative truck or other vehicle may be parked, when utilized for such sales. Any portion of the sales area shall be located in accordance with the minimum yard depths (setbacks) required for the District. Sufficient area shall be set aside on site to provide a minimum of five (5) temporary off-street parking spaces. If the sales are located on the same lot with an existing use, the required minimum and most convenient parking spaces for the existing use shall not be used for Christmas tree sales. Signs shall only be permitted in accordance with Article 8 of this Chapter. Any structure erected thereon, vehicle parked, signs, trash, debris and like shall be removed no later than January 15. Temporary outdoor vendors, provided that: (1) (2) (3) A temporary vendor shall be permitted only on a lot or parcel occupied by a legal permanent use. A temporary stand not to exceed 200 square feet in area and one (1) properly licensed, inspected and operative truck or other vehicle may be placed or parked on-site, when utilized for such temporary sales. Outside display of merchandise for sale is permitted; provided, however, that any portion of the sales area shall be located in accordance with the minimum yard depths (setbacks) required for the district. 3 93SNO228/WP/AUG251 ~ (STAFF/CPC) 2. (STAFF/CPC) 3. (4) (5) (6) (7) (8) The required minimum and most convenient parking spaces for the existing permanent use shall not be used for the temporary vendor. Signs shall be permitted only in accordance with Article VIII of this Chapter. Any temporary structure, vehicle, signs, trash, debris or other material associated with or resulting from such temporary sales use shall be removed from the lot or parcel no later than twenty-four (24) hours following the close of the temporary sale. All temporary vendor areas shall be located a minimum of 100 feet from any residentially zoned property where the principal use is residential unless the temporary sales area is separated from such property by a permanent building. Hours of operation for temporary outdoor vendors shall be restricted to the hours of operation of the permanent use on the parcel. (hh) Customary accessory uses to those permitted herein. Within sixty (60) days from the date of approval of this rezoning request by the Board of Supervisors, unless an extension of time is granted by the Transportation Department, forty-five (45) feet of right of way on the north side of Midlothian Turnpike measured from the centerline of that part of Midlothian Turnpike immediately adjacent to the property shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. Prior to obtaining a building permit, one of the following shall be accomplished for fire protection: (a) The owner, developer or assignee(s) shall pay to the County $150 per 1,000 square feet of gross floor area adjusted upward or downward by the same percentage that the Marshall Swift Building Cost Index increased or decreased between June 30, 1991, and the date of payment. With the approval of the County's Fire Chief, the owner, developer or assignee(s) shall receive a credit toward the required payment for the cost of any fire suppression system not otherwise required by law which is included as a part of the development. OR 93SN0228/WP/AUG251 (STAFF/CPC) 4. Location: (b) The owner, developer or assignee(s) shall provide a fire suppression system not otherwise required by law which the County's Fire Chief determines substantially reduces the need for County facilities otherwise necessary for fire protection. The public water system shall be used. GENERAL INFORMATION Fronts the north line of Midlothian Turnpike, west of Sycamore Square Drive. Tax Map 15-11 (1) Parcel 43 (Sheet 7). Zoning: R-7 and R-7 with Conditional Use Planned Development to permit a veterinary clinic Size: 0.92 acres Existing Land Use: Vacant Adjacent Zoning & Land Use: North - R-7; Single family residential South - B-2; Vacant East - R-7; Vacant commercial structure West - R-7; Single family residential PUBLIC FACILITIES Utilities: Public Water System: Public water is available to the parcel. Applicant has proffered the use of the public water system (Proffered Condition 4). Results of a computer simulated flow test indicate that sufficient flow and pressure should be available to meet the domestic and fire protection demands of the proposed use. 5 93SNO228/WP/AUG251 Public Wastewater System: Sewer is not available to .the subject parcel. Private Septic Tank and Drainfield System: The existing septic tank/drainfietd system has been inspected by the Health Department and is satisfactory for the intended use. Environmental: Drainage and Erosion: Majority of site drains to the east into a stormwater system and tributaries before entering Falling Creek. No existing or anticipated on- or off-site drainage or erosion problems. Acquisition of off-site easements to control run-off may be necessary. Fire Service: Midlothian Fire Station, Company #5. Dependent on present location, fire hydrants may be required. The proposed zoning and land uses will generate additional need for fire protection services. Proffers have been received to address this need (Proffered Condition 3). Transportation: This request will not limit development to a specific land use, therefore, it is difficult to anticipate traffic generation. Based on quality restaurant trip rate, development could generate approximately 500 average daily trips. These vehicles will be distributed along Midlothian Turnpike (Route 60) which had a 1992 traffic count of 28,200 vehicles per day. The Thoroughfare Plan identifies Route 60 as a major arterial with a recommended right of way width of 120 to 200 feet. The applicant has proffered to dedicate forty- five (45) feet of right of way measured from the centerline of Midlothian Turnpike in accordance with that Plan (Proffered Condition 2). Development must adhere to the Zoning Ordinance relative to internal access and circulation (Article 7). Access to Route 60 should be limited to one entrance/exit. At time of site plan review, specific recommendations will be provided regarding access and internal circulation. 935N0228/WP/AUG251 LAND USE General Plan: Lies within the boundaries of the Midlothian Area Community Plan, which designates the property for Village Fringe Area uses to include primarily office, multi-family housing, community facilities and personal services. Area Development Trends: This portion of the Midlothian Turnpike Corridor is characterized by limited commercial and office.uses. Based on the adopted Plan, this pattern is expected to continue. Zoning History: On November 26, 1980, the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved a Conditional Use Planned Development to permit a veterinary clinic on a portion of the request property (Case 80S140). Site Design: A portion of the request property is occupied by a now-vacant building that has previously been occupied by various commercial uses. The site has direct access to Midlothian Turnpike. The request property lies within the Midlothian Village Fringe Area. Redevelopment of the site or new construction must conform to the development standards of the Zoning Ordinance which address access, parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities, and screening of dumpsters and loading areas. The size and shape of the parcel will limit the scale of any new development. Arch itectu ral Treatment: No building exterior which would be visible to any agricultural, residential, townhouse residential, multi-family residential, office 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 agricultural, residential, townhouse residential, multi- family residential or office district or any public right of way. No building exterior may be constructed of unpainted concrete block or corrugated and/or sheet metal. 7 93SN0228/WP/AUG251 ~ Mechanical equipment, whether ground-level or rooftop, must be shielded and screened from public view and designed to be perceived as an integral part of the building. Within the Midlothian Village Fringe Area, buildings must be designed to impart harmonious proportions and to avoid monotonous facades or large bulky masses. Buildings must possess architectural variety, but must also enhance an overall cohesive village character as reflected in existing structures. This character must be achieved through the use of design elements including, but not limited to, balconies and/or terraces, articulation of doors and windows, sculptural or textural relief of facades, architectural ornamentation, varied roof lines, or other appurtenances such as lighting fixtures and/or planting as described in the applicable adopted plans and guidelines. Any new structures or changes to the existing structure must conform to these standards. Buffers & Screening: The Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters, garbage cans, trash compactors, etc.) be screened from view of adjacent property and public rights of way by a solid fence, wall, dense evergreen plantings or architectural features, be separated from any residentially zoned property or any property being used for residential purposes by the principal building, and that such area within 1,000 feet of any residentially zoned property or property used for residential purposes 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. Any new development must conform to these standards. Adjacent property to the north, east and west is zoned Residential (R-7) and is occupied by single family residences or is vacant. The Zoning Ordinance requires a minimum fifty (50) foot buffer along the north, east and west property boundaries of the request site. At the time of site plan review, the Planning Commission may modify this buffer if adequate screening can be provided in a lesser width. In addition, at such time that adjacent residential property is zoned or utilized for a non-residential use, the buffer can be further reduced or eliminated. It should be noted that the existing improvements within these required buffers would become legally nonconforming with approval of this request. Conclusions: With the proffered condition which restricts the uses permitted, and the size and shape of the property, which will limit the scale of the project, the proposed zoning and land uses conform with the Midlothian Area Community Plan, which designates the property as a Village Fringe Area. Further, the development standards of the 8 93SN0228/WP/AUG251 Zoning Ordinance and the proffered conditions ensure quality development and land use compatibility. Therefore, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (7/20/93): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Easter, seconded by Mr. Marsh, the Commission resolved to recommend approval of this request and acceptance of the proffered conditions on pages 2 through .5. AYES: Messrs. Gulley, Easter, Cunningham and Marsh. ABSENT: Mr. Miller. The Board of Supervisors on Wednesday, August 25, 1993, beginning at 7:00 p.m., will take under consideration this request. 9 93SN0228/WP/AU'G251 - 'SYCAM_ORE' 93SN0228 ~/////////. REZ: r-7 TO C-2---~~ ~_ SH. _7 , _~_------~ ,