04SN0188-Mar10.pdfMarch 10, 2004 BS
STAFF'S
REQUEST ANALYSIS
RECOMMENDATION
REQUEST:
04SN0188'
Goode Land.Development Co.
Midlothian Magisterial. District
Northwest quadrant of Old Buckingham Road and Alverser Drive
Amend Conditional Use Planned DevelOpment (Case 00SN0188) relative to USes and
size limitation for commercial uses. Specifically, a limited number of uses from the
Community Business (C-2) District as Well as retail wine and cheese sales and a
restaurant are requested on_Part of Tract B, as shoWn on the attached. The applicant
also wishes to increase the total area permitted for commercial uses by 2,000 square
feet, from 25,000 gross sqUare feet to 27,000 gross square feet on Part of Tract B, as
shown on the attached.
PROPOSED LAND USE:
In addition to uses currently permitted, the applicant is requesting to be allowed to
develop commercial uses from the Commtmity Business (C-2) District as well as a
wine and cheese shop and a coffee shop with associated food sales (restaurant)
(Proffered Condition 1).. Approval oft/ds request would also permit an additional.
2,000 square feet of space for commercial uses. (Proffered Condition 2)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND'APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 4.
STAFF RECOMMENDATION
Recommend approval for the following reason:
Providing a FIRST CHOICE Community:Through Excellence in Public Service.
While the Alverser/Old Buckingham Plan Amendment suggests the property.is appropriate
for office Uses, the original zoning (Case 00SN0188), as amended, permits commercial uses
within the project similar in intensity to the proposed uses in a manner which provides
transition between the commercial CorridOr 'and existing and': anticipated residential
development tO the west~by limiting the intensity and locatiOn of the commercial uses.
(NOTE: 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. C ITI " "
OND ONS .WITH ONLY A STAFF ARE
RECOMMENDED SOLELY BY STAFF: CONDITIONS. WITH. ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLUG COMMISSION.)
PROFFERED CONDITIONS
(STAFF]CPC) 1.
Permitted uses shall include those uses permitted by right or with
restrictiOns _in the Corporate OffiCe (0-2) District, plus those
permitted by right or with reStrictions.in-the Convenience. Business
(C-l) Distr/ct, except that the following, uses shall not be penm'tted:
Convenience store.
Gr0¢ery store.
Gasoline sales.
'Funeral homes or mortuarieS.
Messenger or telegraph services.
Post OffiCes, limited to federal post'officeS.
Telephone exchanges.
Public or private parks, playgrounds, and/or athletic fieldS.
"Public or private utility uses.
Coin. operated dry-cleaning;-pressing~ laundry and
Laundromat; not to 'inclUde dry cleaning plants.
k. Nursery schools and child or adult--daycare centers and
kindergartens.
1. Motor vehicle accessory store.
m. Intercoms as an accessory toa permitted use.
n. Libraries.
o. Propagation and cultivation of crops, 'flowers, trees'and
shrubs which are nOt-offered 'for sale.
p._ Public'and private forests, wildlife preserves and eouservation
q. Fire Stations.
r. Golf courses; and
si' ' 'Hospitals.
In 'addition, the-following Neighborhood Business (C-2) uses shall be
Permitted: . .
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Antique shops, not to include paWnbrokers, indoor and
outdoor flea markets and secondhand and consignment stores.
Art schOols, galleries or museums.
Artists material and supply stores.
Bicycle sales and rentals.
Catering establishments as an accessory to restaurant only:
Clothing stores.
Communication studios, offices, and stations, exclusive of
towers.
Curio or gift' shops.
Eyewear sales and service. ~
Furniture stores.
Hobby stores.
Locksmith. operations.
Medical facilities or clinics.
Musical instrument stores.
Office supply stores.
Paint and wallpaPer. stores.
'Radio, television and other home entertainment, sales and
services.
SpOrting goods sales.
Retail wine and cheese sales.
Restaurants, to include carry-out and non-traditional fast food
restaurants, subject to the.following provisions:
i) .any carry-out or fast food restaurant shall have a
minimum 35% of-the gross square feet devoted to
indoor patron seating not to exceed 1500 gross square
feet;
ii) any restaurant shall have a maximum of 1500 gross
square feet-devoted to indoor patron seating;
iii) there shall be no drive-in window or curb service;
iv) consumption of foods-or beverages within a motor
vehicle parkedupon the premises or at other facilities
on the premises outside the building, except as stated
herein, shall be prohibited and such prohibition, shall
be strictly enforced by the restaurant. This shall not
preclUde the restaurant from-having Outdoor seating
provided'the outdoor seating area is located directly
adjacent to the restaurant; accessed through the
restaurant, only and not directly from outside and an
area has been designed and constructed to specifically
accommodate: such seating.
v) any carry-out or fast food-restaurant shall not be
~ freestanding;
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the restaurant shall not be open to the public between
the hours of 11:00 p.m. and.6:30 a.m. (P)
(Note: This Proffered Condition supercedes Proffered Condition 8 of Case
00SN0188 for the subject property only. All other proffered conditions of
Case 00SN0188 remain applicable.)
(STAFF/CPC)
The total' area of commercial uses, as permitted by Proffered
Condition 1, shall not exceed 27,000 gross .square feet, and no
building shall exceed 15,000 gross square feet. (P)
(Note: This Proffered ConditiOn supercedes Pr°ffered Condition 9 of Case
00SN0188 for the subject property only. All other proffered conditions of
Case 00SN0188 remain applicable.)
GENEPOkL INFORMATION
Location:
North line of Old Buckingham Road and west line of Alverser Drive. Tax ID 739-710- 2628
(Sheet 6).
Existing Zoning:
O-2with Conditional Use Planned Development
Size:
0.8 acres
Existing Land USe:
Vacant
Adjacent Zoning and Land Use:
'North -
South -
East
West
0-2 with COnditional Use Planned Development; Office and Commercial
R-MF and 0,2 with Conditional Use Planned Development; Office and multi
family residential
C-2; Office and commercial
0-2 with Conditional Use Planned Development; Office
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UTILITIES
Public Water System:
Public water exists to serve the request site. Use of the .Public. water system is required, by
Condition 14 of Case 008N0188.
Public WasteWater System:
Public wastewater exists to serve the request site. Use of the public wasteWater system is
required by Condition 14 of Case 00SN0188.
ENVIRONMENTAL
Drainage and Erosion:
This amendment will have no greater impact on drainage or erosion than the uses already
approved.
PUBLIC FACILITIES
Fire Service:
The Midlothian Fire Station, Company Number 2, and Forest View Volunteer Rescue Squad
currently provide fire protection and emergency medical' service.
This amendment will have no greater impact on fire services than.the uses already approved.
Transportation:
Theproposed amendments will have-a minimal impact on the anticipated traffic generation
from development of the property.
LAND USE
ComprehenSive Plan:
The' request site lies within the boundaries 'of the:Alverser/Old Buckingham Plan
Amendment which suggests the request property is appropriate for office, uses.
In 1987, following several proposals for rezoning on portionS and/or all of the request
property, an amendment to .the Northern Area Land Use and Transportation Plan was
undertaken. The area ,encompassed by the.Plan-generally inclUded the land area lying
between Olde Coach Village to the north and west, HuguenOt Road. to the east and Route 60 '.
to the south. The AlverSer/Old BUCkingham. . Plan. _ Amendment was. prompted by
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neighborhood concerns regarding the possibility'of Commercial development along Old
Buckingham Road near Alverser Drive. The Plan concluded that office uses would be a
more' appropriate transition between the residential and general bUSiness uses that exist in
this area than extending commercial.development:
Area Development Trends:
Properties to the east and southeast, along the HugUenOt Road Corridor, are characterized by
a mix of office and commercial zonings and land'USes. Property to the'north is occupiedby a
banking facility and office uses:and to the" west along Old Buc 'kmgham Road are
characterized by office uses and residential uses. These residential properties-have been
developed for single family residences in Olde Coach Village and Bransford Subdivisions or
remain vacant. The property to the south is characterized by residential multifamilyunits in.
Buckingham Woods Subdivision and by office USes;
Since adoption of the Plan, the area has .experienced a tremendous amount of commercial
growth through the expansion of the Chesterfield ToWne Center and the'development-.of
projects Such as Lowes, Hopps and Best Buy, north of the' Towne Center. Some zoning
actions in.the area have occurred that are contrary to the Plan such as the commercial
development to the east. The' Plan designated this property for office use, however,
commercial zoning and. development was ultimately approved.
Zoning HistOry:
On March 15, 2000, the Board. of Supervisors; upon 'a favorable recommendation by'the
Planning Commission, approvedrezoning from. Residential.:(R:7) and Corporate Office (0-2)'
to Corporate Office (0,2) with-Conditional Use Planned'DevelOpment to permit limited
commercial uses (Case 00SN01'88): It was the conSensusOf the CommisSion and Board that
the proffered conditions would insure that the spirit and intent of the recommendations of the
Plan would be met by'providing_for office uses adjacent to existing.and future area
residential uses and by limiting the intensity, hours and'lOcation of retail uses to insure that
~these retail uses would not adversely impact area.residents.
Site Design:
With approval of thiS request, theuses wOuld be subject ~to the :proffered conditions of this-
case, the proffered conditions ofthe.previous zoning (Case 00SN0188) and requirements of
the Zoning Ordinance for develoPment within aCorporate Office (0-2) District located in an.
Emerging Growth Area.
As part of the existing zoning (Case 00SN0188), a"ZoningPlan" was accepted~ dividing the
property into two (2) tracts, Tract A and Tract B. TraCt A was limited to thoseuses permitted
by fight and with restrictions in the Corporate Office (0-2) District except that funeral homes
or mortuaries; fire stations or rescue squads; hospitals; medical.clinics;and veterinary offices
Were prohibited. In addition, one (1) bank/sa~gs and-loan association 'was permitted in
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Tract A. Uses permitted in Tract B were restricted to those uses Permitted by fight and with
restrictions in the Corporate Office (0-2) District plus those uses permitted by right and with
restrictions in the Convenience Business (C- 1) District except for convenience store, grocery
store or gasoline sales. Further, if a restaurant were to locate on' Tract B, the proffers.
required that the restaurant be located between the two (2) accesses shown to Alverser Drive
on the "Zoning Plan".
An amendment to Case 00SN0188 was approved in October, 2002, which granted additional
commercial uses within a portion of Tract B (Tract B-1 on attached) adjacent.to the north of
this request site (Case 02SN0258). The uses proposed by this request are similar in intensity
to the uses permitted by Case 02SN0258 within a portion of TraCt B-1.
Current Proposal:
The request property is now known as a part of Tract B..This proposed amendment to
Proffered Condition 8 would allow, in addition to currently permitted uses, a limited number
of Community Business (C-2) uses, to include retail wine and cheese Sales and carry out and
fast food restaurants part of Tract. B (Proffered Condition- D- 'The proposed additional uses
are similar in intensity to those already approved within the development.
In addition; approval of this reqUest would allow an increase in the maximum square footage
permitted for commercial uses by 2000 square feet (from 25,00Ogross square feet to 27,000
gross square feet), however, individual building size would not exceed 1,500 gross square
feet) which is the same as Case 00SN018-8. (Proffered Condition 2)
Development Standards:
Currently, the property lies within an Emerging Growth District Area. The Zoning
Ordinance specifically addresses 'aCcess, landscaping, ' setbacks, parking, signs, buffers,
utilities and screening for developments within these areas. The purpose of the Emerging
Growth District.Standards isto promote high quality, well,designed projects. It should also
be noted, some development requirements are govemed~byconditions of approval for Case
00SN0188. Approval of this request would not affect thoserequirements.
CONCLUSIONS
While the Alverser/Old Buckingham Plan Amendment suggests the request property and surroUnding
area is appropriate for office use, the majority ofthe development, ofwhieh:'the request property isa
part, has already been approved for or deVeloped with e0mmercial uses similar in intensity to the
proposed uses. Further, office uses .have been eStablished adjacent to'the neighboring residential
uses thereby providing the transition suggested by the Plan;
Given these considerations, approval of this request is. recommended.
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CASE HISTORY
Planning Commission Meeting (2/17/04):
The applicant accepted the recommendation. There was no opposition present.
On motion ofMr. Gecker~ seconded by Mr. Litton, the Commission recommended approval
and acceptance of the proffered conditionSon pages 2 through 4~
AYES: Unanimous.
The Board of Supervisors, on Wednesday, March 10, 2004, beginning at 7:00 p.m., will take under
consideration this request.
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