03SN0316-May26.pdfLE:CLAIR RYAN
A Professional Corporation
707 East Main Street
Eleventh Floor
Richmond, Virginia 23219
804.783.2003
ATTORNEYS AT LAW
BRIAN L. BUNIVA
bbuniva~leclainyan.com
Direct Dial: 804.916.7130
Direct Fax: 804.916.7223
Our File No. 14014.0001
May 26, 2004
Via Facsimile No. 804-285-4542
William H. Shewmake, Esq.
Shewmake & Baronian, P.C.
5413 Patterson Avenue, Suite 101
Richmond, VA 23226
Re: Zoning Case 03SN0316 - James Doran Co.
Dear Will:
I am writing to memorialize our discussions with respect to actions that your client, the James
Doran Company, will undertake for the benefit of my clients, William and Katherine Knabe, who
reside at the northwest intersection of Midlothian Turnpike and Winterfield Road, in Chesterfield
County, should the referenced zoning case be approved by the Chesterfield County Board of
Supervisors.
The James Doran Company (the "Company") agrees to perform the following actions:
Simultaneous with the construction of the transportation improvements mandated by the
various proffers made and conditions imposed by the Board of Supervisors in the referenced
zoning case, the Company agrees to design and construct a visual amenity (which may be an
earthen berm or fence or some combination), on the Knabe property and/or along the northern
property boundary line of the Knabe property and the property included in the referenced
zoning case. The berm shall be no less than four (4) feet above grade, with a level surface on
the top of the constructed berm and will be of sufficient width upon which the Company will
plant appropriate bushes and vegetation. The intent and purpose of the berm and plantings is
to create a visual amenity and buffer that will grow to a minimum height of four (4) additional
feet above the buffer with the plantings spaced so as to shield the Knabe property from
viewing the property of the Company to the north, within twelve (12) months after the
plantings are completed, thus creating a visual buffer eight feet tall that blocks the view of the
proposed development from the Knabe property along the entire northern property boundary
separating the Knabe property and the Company's property.
The Company and the Knabes recognize that part of the northern part of the Knabe property is
currently blessed with mature evergreen tree growth. It is understood that the construction of
the visual amenity and barrier described above will not require the removal of any trees from
the Knabe property, unless the parties mutually agree to do so during the design phase of the
Alexandria
Blacksburg · Charlottesville - Glen Alien Norfolk - Richmond · Roanoke · Washington DC
www.lcclai~ryan corn
William H. Shewmake, Esq.
May 26, 2004
Page 2
berm construction and landscaping plan. As a consequence, if construction of the berm and
additional plantings cannot be accomplished without sacrificing any of the existing trees on
the Knabe property, the Company and the Knabes may modify the design to create the buffer
by combining construction of an eight feet tall fence along part of the property line where
necessary to prevent destruction of trees on the Knabe property and construction of the berm
and vegetation along the part of the Knabe property line where it does not impact any existing
mature tree growth.
The Company agrees that it will be responsible for maintaining the buffer and replacing any
plantings that may die or otherwise require replacement for so long as either William or
Katherine Knabe continue to occupy their residence.
The Company also agrees that it will extend the existing driveway on the Knabe property
through the property of the Company so that ingress and egress to the Knabe property will be
across the Company property rather than the Knabes' continuing to exit their property directly
onto Winterfield Road. In addition, the Company will grant and record a perpetual easement
authorizing the Knabes to utilize said driveway and easement across the property of the
Company as an alternative means of accessing Winterfield Road.
The improvements outlined in paragraphs 1-4, above shall be designed, constructed and
maintained at the sole expense of the Company, with the Knabes' retaining the right to review
and approve all designs, plans, and any permit applications necessary for the construction and
maintenance of said improvements, which approval shall not be unreasonably withheld.
In exchange for these foregoing promises by the Company, the Knabes agree that, while
maintaining their right to publicly oppose the zoning case before the Board of Supervisors of
Chesterfield County, at the public hearing on this zoning case currently scheduled to be heard
by the Board at its May 26, 2004 meeting tonight, the Knabes through their representatives
will publicly acknowledge this agreement and commitment by the Company to take these
measures designed to protect the Knabe property from some of the adverse impacts that will
be caused by the proposed development and express their gratitude to the Company for
agreeing to take these measures and to bear all costs necessary to implement these
improvements on the northern boundary of the Knabe property.
Although it is not part of our agreement, I also ask that your client consider agreeing as part of
the zoning case, that the restaurant, nightclub, retail and commercial uses authorized in the
development not permit public address systems, live music and/or dancing outside any building and
shall prohibit any noise emanating from any building in the development from extending beyond the
perimeter of the sites on which such uses are permitted. We also ask that any exterior lighting be
situated so that the light from the development is oriented so as not to shine onto the Knabe property
at night.
William H. Shewmake, Esq.
May 26, 2004
Page 3
I believe the above accurately reflects the agreements that we have reached on behalf of our
respective clients. If you agree, I would appreciate a short letter to that effect. If you have any
questions or concerns, I trust that you will contact me as soon as possible.
With appreciation to you and your client for this cooperation, I am
Very truly yours,
Brian L. Buniva
Legal Counsel for William and Katherine Knabe
BLB/bb
CC: William and Katherine Knabe
Steve Downey
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5/26/2004
May 26, 2004 BS
ADDENDUM
03 SN0316
(AMENDED)
James Doran Co.
Midlothian Magisterial District
Watkins Elementary, Midlothian Middle and Midlothian High School Districts
North line of Midlothian Turnpike
..REQUEST:
Rezoning from Agricultural (A), Community Business (C-3) and General Business
(C-5) to Community Business (C-3) with Conditional Use Planned Development to
permit exceptions to Ordinance requirements. Specifically, exceptions as noted in
the Textual Statement are requested.
PROPOSED LAND USE:
A mixed use development consisting of commercial, office and multifamily
residential uses is planned. The applicant has agreed to limit residential development
to a maximum of 251 dwelling units.
On May 24, 2004, the applicant submitted a revision to Item 22 of the Textual Statement.
Specifically, the applicant had sought an exception to the comer side yard setback requirements
adjacent to Tax ID 725-709-7211. It has been determined that these are side yards as opposed to
comer side yards. Therefore, the applicant has amended the Textual Statement to request exception
to the side yard setback requirements. It should be noted, this modification, if approved, would
require a minimum ten (10) foot setback from the adjacent property with increased landscaping, as
opposed to what was previously planned to be a five (5) foot setback.
Staffcontinues to recommend approval of this request, subject to the applicant addressing the impact
on capital facilities as outlined in the "Request Analysis", with the amendment to the Textual
Statement as attached hereto and subject to amended Condition 1 contained herein.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
CONDITION
(STAFF)
The Textual Statement dated 4/8/04 as revised 4/9/04 and 5/24/04 shall be
considered the Master Plan. (P)
2 03 SN0316-MAY26-ADDENDUM-BOS
Textual Statement
22.
A twenty (20) foot exception to the side yard set back requirements adjacent to
Tax ID 725-709-7211 if perimeter landscaping B is provided within the setback.
Date:.
STAFF' S
REQUEST ANALYSIS
RECOMMENDATION
May 26, 2004 BS
03 SN0316
(AMENDED)
James Doran Co.
Midlothian Magisterial District
Watldns Elementary, Midlothian Middle and Midlothian High School Districts
North line of Midlothian TurnPike
REQUEST:
PROPOSED LAND USE:
Rezoning fxOm Agricultural (A), Community BusinesS (C,3) and General BusineSs
(C~ 5) to Community Business (C-3) With Conditional Use Planned Developmem to
permit eXceptions to Ordinanc~ requirements. SpeCifically, exceptions as noted in
the .attached Textual" Statement are requested.
A mixed use development consisting of commercial, office and multifamily
residential uses is planned. The applicant hasagreed to limit residential development
to a maximum of 251 .dwelling units.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO ~ CONDITIONS-AND ACCEPTANCE OF THE
PROFFERED cONDITIONS ON PAGES 2 THROIJGH 9;
AYES:. MESSRS. LITTON, BASS, GULLEY AND WILSON.
ABSENT: MR. GECKER.
STAFF' REcoMMENDATIoN
Recommend approval subject to the. fipplicant addressing the impact on capital facilities in
accordance with the Board' s policy and concerns relative to signage. This recommendation is made
for the following reasons:
Providing a FIRST CHOICE CommUnity Through Excellence in Public Service.
A. While the proposed zoniug and land uses comply with the Midlothian Area
· Community plan, whigh, suggests, the property is .appropriate for 'suburban-
commercial, planhed~ition and village fringe .uses, tl~ Proffered conditi°ns. do
not adequately address the impacts of this development on necessary capital facilities,
as outlined in the Zoning Ordinance and the ComprehenSive Plan. Specifically,' the
need for schools is identified in the CounVfs adopted Public Facilities Plan. and
Capital Improvement prOgram and the impact of this development on these facilities
is discussed herein: The ~proffered conditions do not adequately mitigate the impact
on school facilities, thereby insuring adequate service levels are maintained 'and.
protecting the health, safety and welfare .of County citizens.
B. The requested sign exceptions representa substantial`increase in alloWable signage,
resulting in a potential for additional sign proliferation'in this area.' Thesignage
allowed by OrdinanCe is Sufficient for the proposed .development.
(NOTE: CONDITIONS MAY. BE IMPosED OR THE PROPERTY OWNER(S)MAY.PROFFER
OTHER 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"
ADDITIONAL CONDITIONS'RECOMMENDED BY THE PLANNING COMMISSION~)
CONDITIONS ' '
(STAFF/CPC) 1. The TextUal Statement dated 4/8/04 as .revised 4/9/04 :shall be
considered.the'Master Plan. (P)
(STAFF/CPC) 2.
Except as outlined.in'the TeXtual Statement, where the standards
outlined in Exhibit A conflict with the standards of the 'Zoning
Ordinance,the mOre strict or higher, standards shall apply. (P)
PROFFERED CONDITIONS
(STAFF/CPC) '1.
(STAFF/CPC) 2. ·
(STAFF/CPC) 3.
Public.water and wastewater. The public'water and wastewater
systems shall be used. (U) - ' ' '
Tenant siZe. With the exception of one tenant, hO.tenant shall exceed
50,000 square feet of gross flOor area. Provided further; in no event
shall a tenant:exceed 68,000 square feet.ofgross floor area...(P)
Access Easement. Prior to anysitc plan approval,~an access easement
acceptable to the Chesterfield ("Transportation Department") shall be.-
recOrded from Winterfield Road and/or'frOm Midlothian Turnpike as
determined .by the Transportation Department,-acroSs the prOperty to
permit vehicular and pedestrian acCess tothe Knabe parcel identified
as TaXID 725-709-7211. (T)
2
03SN0316-MAY26-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
o
o
Access Winterfield. Direct access fromthe property to Winterfield
Road shall be limited to one (1) entrance/exit. The exact location of
.this access shall be approved bY the Transportation Department. (T)
Access 'Ivlidlothian Turnpike. Direct access from the property'to
Midlothian Turnpike shall be.limited.to three (3) entraaees/exits. The
easternmost access Shall be located towards the eastern property line,
and shall be limited, to right4ums-in and right, tums-out only~ The
middle access shall align the existing crossover on Midlothian-
Turnpike located approximately 900 feet.west of the Winterfield
Road/LeGordon Drive intersection, and shall be'limited to left and
fight-tums-in and fight-tums-out only. The westernmost access shall
be located at the western property line, and shall generally align the
existing crossover on Midlothian Turnpike located approximately
1,700:.feet west~ of the Winterfield~ Road/Lc Gordon Drive
intersection. The exact location ofthese accesses shall be approved by
the TranSportation Department. (T)
.Timbering Restriction; Except for timbering approved by the
Virginia State Department of Forestry for the purpose of removing
.dead or diseased trees, there shall beno timbering onthe Property
until a .land disturbance permit has been obtained from the
Environmental Engineering Department and the approved devices
have'been installed. (EE)
Burning Ban. The.developer shall not use burning to clear or timber
.the subject properties. (F)
Transportation Improvements.. To provide an adequate roadway
system atthe time.of complete development,-the DevelOper shall be
responsible for the following-improvements. The exact length and
design of the following improvements shall be approved bY the
Transportation Department~
ao
Construction of additional pavement, along the Westbound
lanes of Midlothian Turnpike'at both the middle and
westernmost access, to Midlothian Turnpike, and at the
Winterfield Road intersection to provide separate right mm
lanes.
bo
Construction of additional .pavement along the eastbound
lanes of.Midlothian Turnpike at the existing crossover that
serves the westernmost access to provide adequate dual left
mm lanes.
3 03 SN0316-MAY26-BOS
Co
do
go
ho
ko.
Construction of additional pavement along the eastbound
lanes of Midlothian Turnpike at the existing crossover that
serves the middle access to provide an adequate lef~ turn lane.
Construction of a large raised median in the middle access-
onto. Midlothian TurnPike to restriCt lef~ tums Out,of the-.
Property.
Construction of an additional 'westbound lane of pavement'
along Midlothian Turnpike from Winterfield Road,.across the
property, to the western property linen
Construction of a six (6) lane divided typical section (i.e., two
(2) northbound lanes and. four .(4)Southbound lanes) for the
westernmost access at its intersection with Midlothian
Turnpike.
Construction of a four (4) lane typical section (i.e.,.one (!)
northbound lane and three '(3) southbound lanes) for
' winterfield Road at its intersectionwith Midlothian Turnpike.
ConstrUction of a traffic island/circle in Winterfield ROad at
the approved access, if approved..by 'the 'Transportation
Department and VDOT. In the event a traffic island/circle is
not approved for the Winterfie!d Road access, additional
pavement Shall be c°nstmcted along Winterfield Road at the
approved access to provide left and right turn lanes.
RelocatiOn of the ditch to provide an adequate shoulder along
the west side of Winterfield Road. for the entire .property
frontage.
· Full cost of traffic signalization of the westernmost site
access/Midlothian Turnpike intersection and full cost of
traffic signal modification at the winterfieldRoad/Le GOrdon
Drive/Midlothian Turnpike'intersection, if warranted 'as
determined by the TranSportation Department.
Dedication to Chesterfield County, free .and unrestricted, of
any 'additional right-of-way-(or easements) required' for the
improvements identified above. In the event the develoPeris
unable .to acquire any "off, site, fight-of, way that is'necessary
for any improvement identified above, except for'the right~of-
way along Winterfield Road that is required from the Knabe
parcel identified as Tax I.D. 725-709-7211 adjacent to :any
03 SN0316-MAY26-BOS
'(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
o
10.
11.
ex/sting dwelling, and generally'in an area from Midlothian
Turnpike north for a distance of apprOximately 200 feet (the.
"Area"), the deVeloper may request, in writing, that the
County~ acquire such right-of-way as a public road
improvement.' All costs associated With the acquisition of the
right-of-way shall be borne bythe developer. In the event the
County chooses not to assist the developer in acquisition of
the- "off-site" right-of-way, the. developer shall only be
required to provide road improvement Within available right-
.of-way as determined by the Transportation Department. The
developer shall not be relieved of providing the right-of-way
or road improvements Within the Area along Winterfield
Road. (T)
Phasing: Prior to any site plan apProval, a phasing plan for the
required road improvements, as'identified in Proffered COndition 8
shall be submitted to and approved bY the Transportation Department.
The approved phasing plan shall require,, among other things~ that in'
conjunction With any development With sole access to. Winterfield
Road, -all:the road improvements along Winterfield Road and the right
turn lane along Midlothian Turnpike at the Winterfield Road
intersection as identified in Proffered Conditions 8.a., g, h., i. and j.
shall be completed as determined by the Transportation Department
except to. the extent the County chooses not to assist in the acquisition
of"off-site" right-of-way as set forth in 80c); and inConjunction With
'any deVelopment.With access to Midl°thian Turnpike; all road
improvements as identified in Proffered Condition 8 shall'be
completed as determined by the Transportation Department except to
the extent the County chooses not to assist in'.the acquisition of"off-
· site" fight-of-way as set forth in 8(k). CF)
prior to any site .plan approval, thirty-five (35) feet of right-of-way
al°rig .the-west side of Winterfield Road, measured from ~the
centerline of that part of Winterfield Road immediately adjacentto
the property, shall be dedicated, free and unrestricted; to and for the
benefitofthe County. (T)
Prior to any site plan-approval, a plan With sufficient design
information, as determined by the Transportation Department, for the
improvement of Winterfield road north: to'the Southern RailrOad
crossing on Winterfield Road in the same'general locatiOn, as-the
current railroad crossing shall be submitted to and approved bythe
Transportation Department, and any.additional right o fWay,~based, on
the approved plan, shall be dedicated, free and unrestricted, to and for
the benefit of the County. (T)
03SN0316-MAY26-BOS
(STAFF/CPC)
(STAFF/CPC)
(CPC)
(STAFF/CPC)
12.
13.
14.
15.
The maximum density of the development shall be 300~000 square
feet of shOpping Center, 10,000 square feetof general office, 18,000
square feet of high turnover (sit-Down) restaurant and 251 apartment
units, or equivalent densities as. approved by"the Transportation
Department; (T)
Residential density. There shall be a:maximum oftw0 hundred fifty-
one (251) dwelling'units. Provided further, a maximum often (10) of
those dwelling units may contain more than two (2) bedrooms,'bUt in
no event shall any' dwelling unit contain more than..three~ (3)
bedroomS. (P)
(STAFF NOTE: STAFF WILL ONLY ENSURE THAT THE
PROJECT IS DESIGNED. TO MEET THE BEDROOM
REGULATIONS. FUTURE CONVERSION OF A DEN OR
LIVING AREA TO A BEDROOM WILL NOT' BE
PROHIBITED.)
Cash proffers. Except and'unless otherwiSe:provided herein, the
-applicant, subdivider or assignee(s) shall pay the following to the
County of Chesterfield prior to the issuance of dwellings building
permit for infrastructure improvements within theservice'district for
the property:
a. $5,025 per dwelling unit, if.paid prior to 'July 1, 2003; or
The amount approved by the BOard'of SuperVisors not-to
exceed $5,025 per dwelling.unit adjusted upward byany
increase in the Marshall and. Swift Building Cost' Index
-between July 1, 2002, and'Juiy 1 of the.fiscal year in which
the payment is made if paid' after jUne 30, 2003. At thetime
of payment, the $5,025 will be. allocated pro-rata among the
facility' costs as 'follows: $3,547 for transportation, $598 for
parks and recreation, $324 for libraries, $346 fOr fire stations,
and $210 for Schools;'
To the extent the cash payment is not used for the purpose for
which proffered within. 15 years, of receipt, the unused cash
shall be retumedin full to the payor.. (B&IV0
Architectural treatment: The architectural treatment of the buildings
shall be compatible and consistent .with the graphic identified as
~.xhibit' A. (P)
6 03 SN0316-MAY26-BOS
(Cpc)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
16.
18.
19.
20.
Design Guidelines. The site shall be designed as generally- depicted
on Exhibit Cand in accordance with Exhibit A..However, the exact
location of buildings andparking may be,modified provided'that the
general intent of the plan is mainthined with respect to creating a
pedestrian environment centered around amain streetas described-in
Proffered C°ndition 2I; buildings,fronting" Midlothian Turnpike.
and Winterfield Road with no parking or driveways located between
the buildings and the roads; USes having afoeal point centered around
the pond described in Proffered Condition 12; and landscaping in a
manner.that enhances the' pedestrian environment. COmmercial
buiIdings adjacent to Midlothian Turnpike and Winterfield Road shall
'have a traditional storefrom design with display windows. (P)
(STAFF NOTE: COPIES OF THE DESIGN GUIDELINES
ARE AVAILABLEIN THE PLANNING ~DEPARTMENT.)
Pond; To the eXtent allowed by law-and governmental regulatiOns,
the. existing pond located on Tax IDs 724-709,7661 and-725-709-
1125 shall substantially remain and' shall--be inc°rpomted into: the
develOpment as .an aesthetic amenity. Provided, however, this does
not prohibit.the redesign or reconfignrafiOn of the pond so long as the
pond substantially remains in-tact andisUSed as:anaesthetic amenity.
(EE)
Perimeter-non-residential buildingS.. All,non-residential buildings on
the perimeter of the project along Winterfield Road and Midlothian
Turnpike shall be no more than two and one half stories and shallbe
designed: and eoustrUcted consistent with a. pedestrian scale
development (P)
'Dwelling Units. Any dwelling'units shall be located generally eastof
the pond located on Tax IDs 724-709~7661 and 725-709-1125 as
generally depicted on Exhibit C~ Any residential building on the
perimeter of the project along Winterfield Road shallbe a maximum
of two (2) stories for any portionofthe building, that is within ninety-
five (95) feet of the centerline of Winterfield Road. Provided, further,
in no event shall any residential buildingeXceed three (3) stories. (P)
clUbhouse:and pool. Prior to the:Certificate, of oCCUpancy for more
than one hundred (100) dwelling.units, a clubhoUSe shall 'be
.coUStmctedthat shall contain a minimnm of five thoUSand (5,000)
gross square feet.- Provided further, any Sales office within the
clubhoUSe.shall not ·eXCeed twenty;five-(25) percent of the
clubhoUSe's gross square footage. (P)
03SN0316-MAY26-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
21.
22.
23.
24.
25.
Sidewalks; Sidewalks, and crosswalks where necessary, Shall be
constructed alOng the west side of.W'mteffield Road and north side of
Midlothian Turnpike for the entire length of the subject properties
adjacent to such roads, ffloeated withinthe VDOT right of way, the
sidewalks and crosswalks shallbe constructed to required:~OT:
standards.and matefials~ - Sidewalks shall, be a minimum-of five (5)
feet in width and, if located outside of the fight of Way, constructed of
decorative materials. There. also shall:be, an .internal System of '
sidewalks..and crosswalks in the development constructed: of
decorative materials. Street Trees shall be planted adjacent to .
Midlothian Turnpike and Winterfield ROad..-(P & T)
Lighting.' 'Along the perimeter, of the' developmem adjacent'to
Winterfield Road and Midlothian Turnpike, pedestrian scale light
fixtures shall be installed with a design consistent With the Midl0thian
Village Guidelines and spaced asmay be approved at timeofsiteplan
review. The project shall also have an internal system of Outdoor
lighting, eonsistent-'with the pedestrian scale, of the development,
except as may be approved at time of site plan reView. (P) ~
Prohibited-Uses and Restrictions West of the Pond: Automobile
dealerships, funeral homes or mortuaries,, and hospitals..shalt be
prohibited. Uses adjacent to the Western side. of the pond as generally
depicted On Exhibit C' shall, be limited t° restaurant limited to
restaurant, cocktail loUnges and nightclubs.- (P) .
Winterfield Entrance Uses East of the Pond: Uses east. ofthe pond as
generally dePicted' on Exhibit C.. shall .be limited .to those -Uses
permitted by right or with restrictions:in the 0-2 and C~2 DistriCts,'
except:as further, allowed or restricted-herein. Fast food restaurants
shall be 'permitted except there shall be:nO drive~thm2 Further i the
-first flOor of that-portion of the building adjacent to'and frOnting the
nOrth side. of the Winterfield Road entritnCe Shall be limited to t~ose
uses permitted by right 'or with restrictions. in the C-2 'District.
Provided :fUrther, that portion ofthe'building fronting the'Winteffield"
Road entrance shall contain at least two stories and' the floors above
-'the firststOry shall betimited to those uses permitted by right or with
restrictions in the R-MF. DistriCt... The'--'remaining portion, of the
property north of the Winterfield Road entrance shall be'restricted to
those Uses permitted by right or with'restrictions in the R-MF District.
(P) .
Main Street. The center entrance int° the development from
Midl°thian Turnpike shall be designed ' asla "main street." 'To
accomplish' this, the design of the main street shall, include:
8 03SN0316-MAY26.BOS
A two (2) drive lane street section with two (2) angled
parking lanes, starting an adequate distance frOm Midlothian
Turnpike, as determined by the Transportation Department.
bo
Sidewalks measuring twelve '(12) to fifteen (15) feet .in width
on each side of the street.
Street trees on.each side of the street spaced approximately
thirty (30) feet on center.
Pedestrian scale ornamental street lights located between the
street trees.
A minimum of 20,000 square foot "village green" area
designed to serve as a gathering place alongside the main
'street and located at a strong pedestrian node~
The stores fronting the main street, which are generally
parallel to the main street, shall have a traditional store from
design with display windOWs and pedestrian awnings. (P)
GENERAL INFO~TION
LOcation:
North .line of Midlothian Turnpike, West of Winterfield .Road and also west line .of
.Winterfield Road, north Of Midlothian Turnpike. Tax IDs 724-709.2311,2528, 4210, 5831,
6911, 7661 and 9121; and 725-709-1125 and 7635 (Sheet 5).
EXisting Zoning:.
A,. C,3 and C-5
Size:
34.5 acres
Existing Land Use:
Residential, commercial or vacant
' '9 -03SN0316-MAY26-BOS
Adi acent Zoning and Land Use:
NOrth
South
East
West
- Aand I- 1 with Conditional Use Planned Development; single family residential'or
vacant
- A and C-3 with Conditional Use Planned Development; Commercial or vacant
-R-7 and A; Single family, residential or vacant
- A and C-3; Commercial
UTILITIES
Public water System:
There is a twenty-four (24)-inch water line extending along.the north Side of Midlothian'
TUrnpike, adjacent to the- request Site. In addition, there is a-twelve (12) inch water line- "' ' '
extending-along the west side of Winterfield Road, adjacent to.this site.- use of'the public
water system is' intended and has been proffered. (Proffered Condition 1) ...
Public Wastewater System:
There is a fifteen (15) inch wasteWater trunk, line, part of the MiChaux Creek trunk system,
extending across.this site. In addition, there is an eight (8)inch wastewater'."collector
extending along 'the nOrthern and. Western. boundaries of this site.. Use-of the public
wastewater system is intended and has been proffered. (Proffered COnditi°n 1) '
Drainage and Erosion:
The property drains north under theadj acentrailroadtrackS to Michaux Creek and eventuallY
to the lames River. It is mostly fields, although a small pOrtion is wooded and should not be
timbered without first obtaining a land-disturbance Permit frOm the Environmental
Engineering Department (Proffered Condition 6). This will ensure adequate erosion control
measures are in place prior'to any timbering.
There are no existing or anticipated on- or off-site, erosion cOntrol problems. The pOnd on
'the proPerty is critical-to area-draluage. Although sites south of Midlothian Turnpike-have
detention facilities, additional facilities may be required due to the size of the culvert located
under the railroad trackS. The pond should therefore be modified to meet today's standards.
(Proffered Condition 17) ' ' ' ' '
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plato the Thoroughfare Plan .and the Capital Improvement.Program: The' residential
component of this develoPment will have.an impact-on these facilities.
10 03 SN0316-MAY26,BOS
Fire Service:.
The Midlothian Fire Station, Company Number 5, and Forest View Volunteer Rescue Squad
currently.provide fire protection and emergency medical service. :.BaSed on 250 'dwelling
units, this development could generate forty-five (45) calls per:Year for service. The
applicant haS addressed theimpaet on fire and EMS (Proffered Condition 14),.' Fire'hydrant
locations and access requirements will be eValuated at the time of plans review.' ". '
The apPlicant haS proffered not to bum land clearing or timbering debris (PrOffered
ConditiOn 7). This proffer is acceptable to the Fire Department.
The'appliCant haS requested a four (4) foot exception to the thirty (30) foOt publiC access mad
requiremem, to' allow twenty, six (26) foot access roads(Textual Statement 11). 'The fire
code requires buildings that exceed thirty (30) feet in height to have a minimum twenty-SiX
(26) foot wi&fire access.road in the immediate vicinity of the buildingi to provide aceessfor
aerial apparatus.
Schools:
Approximately 135 schOol age children will be generated by this develOPment. The site lies
in the Watkins Elementary School attendance zone: capacity, 752,~ enrollment"832;
Midlothian Middle School zone: capacitY ~ 13'3.1, enrollment '- 1393; and
Midlothian High School zone: capacitY- 1568,. enrollment ;. 1614.'
This development will have an impact on area schools. There are cUrrently eight (8) trailers -
at Watkins Elementary, five (5)trailers' at Midlothian Middle and five (5).trailers at.
Midlothian High. The applicant has.not Offered meaSures to adeqUately address.the impact
of this developmem onarea school needs. (Proffered Condition 14)
Libraries: · ' ' ' ....
Consistent with the Board of Supervisors' Policy, the impact .of development on library
services is aSsessed County-wide: BaSed on projected population groWth, the' Public-
Facilities Plan identifies a need.for additional library space:throughout the County. Evenff
the facility improvements that have been made since the Public Facilities Plan waS published
are taken into account, there-is Still an unmet need for additional library space.
This development is located such that it Would most likelY affect the Midlothian Library.
The.pUblic Facilities Plan .identifies a need for.additional' library space in'this area of the
County. The applicant has offered meaSures to address-the impactofthis development-On
library facilities. (Proffered Condition 14)
11 03 SN0316-MAY26-BOS
Parks and Recreation:
To date, no comments have been received from the Parks and Recreation Department for this
request.
TranSportation:
The property, consisting of approximately thirty-five (35) acres, is currently zoned
AgricultUral (A) on approximately twenty-seven (27) acres, Community Business (C-3) on
approximately six (6) acres and General Business (C,5) on approximately two (2) acres. The
applicant is requesting rezoning to C-3 with a Conditional'Use Planned Development to
allow the development of a mixed-use project, consisting of retail, office and residential uses.
In accordance with the Development Standards Manual in the Zoning Ordinance, a traffic
study is necessary to assist in evaluating the-impact ora development of this magnitude; The
applicant submitted a traffic study, which satisfies the Transportation Department
requirements for.an analysis of the proposed development, at build-out, based on a twenty
(20) year projection of local traffic plus'.traffic volume projections from anticipated
development. of adjacent parcels sOuth of Midlothian Turnpike (Route 60). The applicant has
proffered a maximum density-on the property, consistent with the approved traffic study, of
300,000 square feet of shopping center, 1-8,000 square feet of high turnover (sit-down)
restaurants, 10,000 square feet of general office, and 251 apartments, or other equivalent
traffic generators. (Proffered Condition 12)
The proposed development is anticipated to generate approximately 18,000 average daily
tfips:A total of approximately'620 of these trips will occur in the morning peak hour, and
approximately 1,670 in the'evening.peak hour. These vehic, les will'be distributed along ROute
60 and Winterfield Road; which had 2003 traffic cOunts of 25,175 and 8,426 vehicles per
day, respectively. Based on the_ twenty (20) year projection 'with area development as
identified in the traffc study, the volume of traffic on this-section of RoUte 60 is anticipated
to be approximately 39,400 vehicles per- day, and on this section of Winterfield Road' is
anticipated to be approximately 11,300 vehicles per day. Long term, Route 60 needs to be a
six (6) lane facility with dual turn lanes at every major intersection. The intersection. Of
Winterfield Road and Route 60 is very congested(i.e., operates at a Level of Service'F).
With-the traffic projections and the aPplicant's proffered road improvements, this
intersection will still operate at a Level of Service F. The capacity of this intersection could.
be improved with additional through lanes on Route 60 east of'Winterfield Road. However,
widening of Route 60 through that area conflicts with the spirit and intent of the Midlothian
Area Community Plan.' The Plan recommends enhancement of Midlothian by maintaining its
"Village'? characteristics. The-Plan states:. "Potential for widening Route 60 is limited
between Old Buckingham and Winterfield. Roads". No road improvements, other than the
Route 288 Project, are included in the Virginia Department of Transportation(VDOT) Six-
Year Improvement Program for this area.
12 03SN0316-MAY26-BOS
The Thoroughfare Plan identifies.Winterfield Road as a collector with a recommended fight
of way width of seventy(70) feet. The applicant has proffered to dedicate thirty-five (35) feet
of right of way, measured from the centefline of Winterfield Road, in accordance with that
Plan. (Proffered Condition 10) . '
The Thoroughfare Plan also identifies a proposed north/south collector (,Winterfield ROad
Relocated ), w~th a reco ended right of way width of seventy (70)feet, starting just nor~
of Route 60, extending northWest through the subject prOperty and acrOss the SOuthern
Railroad to intersect Winterfield-Road south of Salisbury SubdiviSion,~ The 'Board'of
Supervisors approved this ali~ment for Winterfield Road Relocated in'February 19912.. The
applicant proposes an eastward shift in the ali~ment of Winterfield Road RelOCated, and as.
a result,-its, ali~ment shOuld generally follow the current locafi0nof Winterfield Road .as- it
crOsses the SOuthern Railroad. The proposed alignment for Winterfield Road RelOcated will
serve the same traffic function as the currently approved alignment/· The applicant -has
proffered'that a plan .will be submitted, for the' TranspOrtation Department' s reviewand
approval, showing the proposed alignment for WinterfieldRoad Relocated, and thatany right
of way necessary to accommodate the road extension will:be dedicated(Proffered.COndition
11).' This plan should show,' among other things, the proposed alignment of Winterfield
Road· Relocated off-site and north of the railroad.
Development must adhere.to the Devel°pment StandardS Manualin 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 Rome 60and
Winterfield Road, should be controlled. The applicant has proffered that direct acceSs:frOm
the property to Rome 60 will: be limited to three (3)entrances/exits (Proffered COnditionS).
The easternmost access will-be located towards theeastem propertyline, and Shall be limited
to right-roms-in and right-tums,om only. The middle aCCess shall align the eXisting crossover
on Route 60 located approximately 900 feet west of the Winterfield Road/LeGordon Driye
intersection, and will. be limited to left. and. fight-tums,in and:fight-tums,om only: The-.
applicant'has profferedm .i~.~ .tall~ a large raised'median in. this access to restrict left ~tums om
of the.property (ProfferedCondition 8.d.)..The westernmost Route 60 access shall be located
at the western property line, and will generallyalign the new crossover on Route 60 that was
constructed with the'Route. 285'Project.. The: applicant has proffered that:Only one (1) direct
access will be provided from the property to Winterfield Road (proffered Condition 4). The
applicant .has also proffered t~ record, an accesSeasemen~ fi~om b°th Route 60. 'and.-
Winterfield Road·across:the property to serve the Knabe-parcel, located in.the northwest
comer·of the Winterfield Road/LeOordon Drive/Route 60 intersectiOn. (Proffered Condition
3)
The traffic impact of this develOpment must be addressedi--The applicant has proffered to: 1)
construct additional pavement along the Westbound lanes of Route 60 at both.the middle and.
westernmost access, andat.the Winterfield Road intersectionto provide Separate.right mm
lanes;' 2 ) construct additional pavement along the eastbound-lanes: of Route 60 at the eXisting
crossover that serves the westernmost, access to provide dual left turn. lanes; 3) construct
additional pavement alOng the eastbound lanes of Route 60 at the eXisting crossover that
serves the middle access.to provide an adequate left. turn lane;: 4) construct an additional
13
03 SN0316~MAY26-BOs
westbound lane of pavement along Route 60 from Winterfield Road, across the property, to
the western property line; 5) construct a six (6) lane divided typical-section (i:e., two (2)
northbound lanes and four (4) Southbound laneS) for the westernmost access at its
intersection with Route 60; 6) construct a foUr (4) lane typical section (i.e,, one (1)
northbound lane andthree (3) southbound'lanes) for Winterfield Road at its intersection with
Ronte 60 (note: this improvement should extend at least 300 feet north of Ronte 60); 7)
construct a traffic island/circle in Winterfield Road at the approved access, if approved by the
Transportation Department and VDOT. In the event a traffic island/Circle is'not approved~
additional pavement will be constructed along Winterfield Road at.the approved access to
provide left and fight mm lanes; 8) relocate the ditch to provide.an adequate shoulder along
the west side of Winteffield Road for the entire property frontage; and 9) provide full cost of
traffic, signalization of the westernmost site access/Route 60intersection, and.full cost ~of
traffic signal mOdification'at the Winterfield Road/LeGordon Drive/Route 60 intersection, if
warranted. (Proffered Condition 8)
The developer may need to acquire "offzSite" right ofway in order to provide sOme of the
proffered road improvements, especially-the improvements :along Winterfield 'Road.
According to Proffered Condition 8.k, if the develOper is unable to acquire the right of way
for these improvements, except for fight of way.from theKuabe parcel adjacent to the
residential structure, the developer may request the CountY to acquire theright 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, the
developer will not be obligated to acquire the "off-site!' right of way, and will only be
Obligated to construct road improvements within available right of Way. However, the proffer
would not relieve the developer fromacquiring fight of way, if necessary, or providing road
improvements along winterfield Road adjacent.to the existing Knabe-dwelling. (Proffered
Condition 8.k.)
The applicant has also proffered to contribute cash, in anamount consistent with the Board
of Supervisors' Policy, towards.mitigating the traffic impaetOfthe residential development
within this project (Proffered Condition 14). Cash proffers alOne'do not cover'the costofthe
improvements needed to accommodate'traffic increases from deveiopment~
Another proffer will require' a phasing plan for the prOffered road improvements to :be
submitted, for the TransportationDepartment's review and approval (Proffered Conditiong).
The proffer requires that, dependent upon how the propertY is initially developed/accessed,
certain'road improvements must be provided. Specifically, the approved phasing plan will
require that in conjunction with any development with sole access to Winterfield Road~ all
the proffered road imprOvements along Winterfield ROad' and the right turn lane along Route
60 at the Winterfield ROad intersection will be constructed. In addition, the approved phasing
plan will require that in conjunction with any development.with access to Ronte 60; all of the
proffered road improvements will be constmcted~ '
A Richmond Rail Transit FeasibilitY Study was recently completed for the Richmond Area
Metropolitan Planning organization. The Study looked at possiblemil corridors and services
in the region, including rail service to the Midlothian area~ Staff recommends that, in the
14 03SN0316,MAY26-BOS
eVent light and commuter rail service is ever provided in the area, a parking area would be
provided on the property for parking and the pickup/discharge of passengers. The applicant
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. -
Financial, ImPact on Capital Facilities: ·
.... 'PER UNIT "
'Potential Number of New Dwelling Units ' 251'* """
· . .. 1.00
PopulatiOn Increase ' ' ' ' 2.00 ,: ' 2~72
Number ofNew Students ' : ' '
mentary '
· ' ' ' 60~24
Ele · . : . · .". 0.24
Middle ' .. . . 32:63 . i . .0.131
0.1
High · . ; .. 42.67 ' " -..' '7
TOTAL . . · '. .135.54. : ' .. 0.54
Net Cost for SchoOls ' ' i ·1,216,597 '.. i..': .... 4,847
Net Cost for-.Parks '. ' . 173,943. . . ' 693
Net COst for Libraries · . · . · ' 94;125 · ' "- ' 375
"·100,65'1 ' 401
Net Cost for Fire Stations ' '. - ' ' · '
AverageNet C°st for Roads '. · 1,031,359 .' .-. '- .." 4,1.09
TOTAL NET COST ' 616,675 10 42
*Based on a proffered maximum number of units' (Proffered'Condition 13). The actual number of
units developed and corresponding impact may vary.
As noted, this.proposed development will have an impactoncapital facilitieS. Staff has calculated
the fiscal impact of every.new dwelling trait on schools, roads, parks, libraries'and fire statiOnS at
$10,425 per unit; The applicant has beenadvised that a maximum proffer of $9,000 Per unit would
defray the cost of the. capital facilities necessitated by this proposed developmem. The applicant has..
offered cash in.the mount of $5,025 per unit (Proffered COndition 9).. This mount.adequately
addresses the impact on each 'of these Capital facilities categories .with the exception·°f schools.
Consequently, the County's ability to provide adequate school facilities will be adversely affected:
Note that circumstances relevant to this case~ as presented by the applicant, have been reviewed and.
it has been determined that it is appropriate to accept the maximum cash proffer in thiscase.
15
03 SN03 l'6-MAY26-BOS
LAND USE
Comprehensive Plan:
Lies within the boundaries 'of the Midlothian Area Community-Plan which suggests the
property is appropriate for Suburban commercial, planned transitiOn and village fringe uses.
Specifically, the Plan suggests uses west of an on-site pond may include retail shopping
~---' centers, office-service establishments and similar uses (suburban 'commercial). Office,
~ medium density housing, personal SerVices and community facilities uses that contribute to
-. 'transition to the Midlothian Village area to the east, are deemed as more appropriate for the
area located east of the pond (planned transition). Uses consistent with those suggested for
· . the planned transition area are also approPriate for a'small parcel in.the southeast comer of
the requeSt site located in~theviliage fringe area.
Area Development Trends:
Most of the adjacent property t° the north is zoned A and is vacant, while a Small portion is
zoned I-1 with Conditional Use Planned Development and is an undeveloped portion ofthe
Sommerville Development. "Property to the south is zOned C-3 with Conditional Use
Planned Development and is ~eCupied by commercial uses or remains vacant. Single family
residential use exists on adjacent Property located in the northweSt quadrant of. Midlothian
Turnpike and Winterfield Road. Property to the east, east of Winterfield Road, is zoned and
developed for residential:uses'on large acreage parcels and in Alexandria Station Subdivision
or remain.q vacant. Adjacent prOperty to the' west is zoned and develOped to permit
commercial uses;
Z°ning History:
OnMay 23, 1979, the Board of Supervisors,. upon a.favorable recommendation from the
Planning Commission, approved the rezOning of a portion of the re~tuest site with frontage on
Midlothian Turnpike (Case 79S059).. In addition to otherpermitted general business uses~ a
motor vehicle sales use was planned.
On February 22, 1984, the BOard of SUpervisors, upon a favorable recommendation from the
Planning Commission, approved a.Condifional Use to permit a lawn and garden equipment
sales and service business' on a portion of the request-Site, with frontage on Midlothian
Turnpike. (Case 83S205)
On April.27, 1988, the.Board of Supervisors, upon a favorable recommendation from the
Planning'CommiSsion, approved a Conditional Use to permit mini-warehOuses and outdoor
recreational facilities on a Portion.of the request site. (Case 88S019)
DevelOpment Standards:
Currently, the request property lies within. Emerging Growth: and Village Distfictareas. The
purpose of the Emerging Growth District Standards is to promotehigh quality, well-designed
16
03SN0316-MAY26-BOS
projects. The purpose ofViliage. District Standards is to recognize unique villages withinthe
County and to maintain and-reinforce the character, .identity. and Pedestrian'scale:by
continuing and enhancing existing patternS.of, development. Where not'addressed in the'
applicant's Textual Statement or Proffered Conditions, redevelopment of the site Or n~w
.construction for commercial and office use must conform to the requirements ofthe Zoning
OrdinanCe, which addreSs.acCess, parking; landscaping,. architectural treatment, SetbaCl~
sins, buffers, utilities, and screening of dumpsters and loading areas. It should be noted, the.
applicant-has reqUested an excePtion to certain requirements. - -
A conceptual plan (Exhibit C) has.been submitted in conjunction with this reqUest (proffered
Condition 16). The intent Of EXhibitC is to depict a planned Pedestrian scale environment
centered On a main street as described in Proffered Condition 25.~
.Proffered Condition 3 Would require that vehicular and pedestrian .connections be made
between the development andTax ID 725-709-7211, located in the northWest quadrant of:the
intersectiOn of Midlothian Turnpike and Winterfield ROad. ~ ' ' '"
The applicant has agreed to provide street trees along Midlothian Turnpike and Winterfield
Road; a pedestrian circulation system' throughoutthe' development-and along Midlothian
Turnpike and Winterfield Road; and pedestrian scale fighting, (proffered COnditions 21 and
22) '
Uses West ofthe Pond: .
Within that area shown on the plan west ofthe pond, commercial development is intended.
In .order to provide a "main street" feel to the development; the applicant has requested
exceptions to Ordinance requirements relative to'setbacks'and the number .of..requ~ed '
parking, spaces (See Textual Statement). In addition, Proffered ConditiOn 2 would limit the
size of'individual tenants in the deVelopment. Commercial uses Would be limited to :thOSe
uses permitted in the Community Business (C-3) District, except.as restricted bY.Proffered-
Condition '23. Further, the area adjacent.to the western Side of.the pOnd is. limitedto
restaurant, cocktail lounge and nightclub uses. (proffered Condition23)
A "main~ street" area is planned for development off of the centerentrance frOm Midlothian-
Turnpike' (Proffered Condition 25)i A "Village green'.~ areaofat, least:20,000 Square feet is to~
be provided within this area. In addition to drive'aisles and parking, this' area would contain
twelve (12) to fifteen (15) foot wide sidewalks; street trees; ornamental streeffights; and
tmditional.stOrefronts with display windows and awnings.
Uses East of the-Pond:
Within that area shown on the plan east'of the pond, commercial, .office and multifamily
residential development is intended: Like commercial-and office development proPOsed West
of the pond, the applicant has requested' exceptions to ordinance, requirements relative m
Setbacks and the numberof required parking spaces (See TextUal Statement);. Commercial
and office uses would.be limited to'those uses permitted by right and with restrictiOns in:the
17 03 SN0316-MAY26-BOS
Neighborhood Business (C-2) and Corporate Office (O-2) Districts, except as further allowed
or restricted in Proffered Conclition 24.
-~ Multifamily residential development Would.'be limited to a specifi6 area onthe property
(Proffered Condition 24), and to a maximum of 251 dwelling units (Proffered. COndition 13).:
. i Further, Proffered Condition' 13 limits the number ofunits designed to have more than one
(1) bedroom in an effort-to address concerns relative to the impact On schOols. The applicant
'.~ :..is requesting exceptions to Ordinance requirements for multifamily residential development,
· 'as noted 'in the Textual Statement. Specifically, the requested exceptions relate to setbacks,
.- number of required parking.spaces, .minimum acreagerequirements, dwelling units.per.floor;
. width of public access roads, percentage.of parcel'cOverage, distance between.buildings,
' recreational area required and buildings fronting on an.adjacent or internal public road.' As a
' component ofthe multifamilyresidential development, the applicant hasagreed to provide a
' ". ' clubhouse and pool. The clubhouse is to'be constructed prior.to issuance of the. 101st
certificate, of occupancy for multifamily uses. (PrOffered ConditiOn 20)
Signage:
· 'This-request includes-exceptiOns to Ordinance requirements for si~ (See Textual
Statement, Item 19). If approved as reqUested, a substantial increase in allowable signage
woUld be permitted, resUlting in a potential for additional signproliferation in this area. The
signage allowed by Ordinanceis sufficient for the proposed development and, therefore, staff
cannot support the requested exceptions.
Building Height:
... . In addition to Ordinance requirements for building heights, the applicant has agreed .to
further restrict the heights of non-residential buildings alOng Winterfield Road and
Midlothian Turnpike and residential buildings within the development.:'(Proffered Conditions
18 and 19)
. . ArchitectUral Treatment:
' ' ' Architectural treatment ofbuildings,.including materials, colorand style, must be compatible
with buildings located within the same project. Compatibility may be achieved through, the
use of similar building massing, materials; scale, colers and-other architectural features.
Within Emerging Growth Areas, no building exteriOr which would be visible to any A, R; R-
TH, R-MF or O District or anypublic right of way may consist of architectural materials
inferior in quality, appearance or detail:to any other exterior of the Same building. 'Thereis,
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. N0 portion of
abuilding constructed of unadorned concrete block or corrugated ancl/or sheet metal may be
visible from any adjoining A, R; R-TH, R'MF or O District or any public· tight'of way.: No
building exterior may be constructed of unpainted concrete ·block or corrugated and/or sheet
metal. These requirements' Would be applicable to this :development. In addition, the
18 03SN0316-MAY26-BOS
applicant has submitted Exhibit A to further address architectural treatment of buildings..
.(Proffered Condition 15) .
CONCLUSIONS
While the proposed zoning and land uses coupled with thc-site.design comply with thc Midlothian
Area CommUnity Plan, which suggests the Property is.appropriate for suburban. C°mmercial, planned
transifionand village fringe uses the proffered conditions do not.adeqUately address the impacts of
this development on necessary capital' facilities, as outlined in. the :Zoning Ordinance and the
Comprehensive Plan. Specifically, the need for schools is identifiedin the County's adopted·Public
Facilities Plan and Capital Improvement Program and the' impact of this " development- on these
facilities is discussed herein. The proffered Conditions do not adeqUately mitigate the impact on
school facilities, thereby insuring adeqUate service levels aremaintained and protecting the health,
safety and welfare of County citizens.
The requested sign eXceptions represent a substantial increase in allowable signage~-resulting in a
potential for additional sign Proliferation in this area. Staff feels the signage alloWed by the
OrdinanCe is sufficient for the proposed development. '-
Given these considerations, approval of this request is recommended ·sUbject to the. applicant
addressing the impact on schOols and Concerns relative to signage.
CASE HISTORY
'Plan'ning Commission Meeting (10/21/03):
Ontheir Own motion, the Commission deferred this case to NOvember 18, 2003.
Staff (1·0/22/03):
The'applicant was advised'in writing that any significant.neW or reVised information shOuld:'
be submitted no later than OCtober - 27, 2003, for'-cOnsideration at the. . Commission's
November 18, 2003, pUbliC hearing; '
Staff ( 10/27/03 ):
To date, no new information has been submitted.
Planning Commission Meeting:(11/18/03):
At the request of the applicant, the Commission deferred this .case to February 17, 2004.
. . 1·9· - 03SN03.16.MAY26_BOs
- Smff(l 1/19/03):
The applicant was advised in writingthat any Significant, new.or revised information should
.;be submitted no later, than'December 15,.2003, for consideration- at the CommissiOn's
February 17, 2004, public hearing:. Also, the applicant was advised that a $130.00 deferral
-:.fee must be paid prior to the Commission's public heating.
. Applicant (1/8/04):
- The appliCant submitted drat~ copies of revised proffered Conditions.and Textual Statement.
Applicant (1/15/04):
· The applicant submitted a traffic analysis.
AppliCant and Staff (1/23/04)~
A meeting was held to discuss the recently submitted documents. Staffadvised the applicant
of additional time required'to review and comment on the documents and noted a request for
deferral might be appropriate.
Applicant (1/29/04):
' ' A request'for deferral was submitted. The $130.00 deferral fee has not been paid.
Planning Commission Meeting (2/17/04):
At the request of the applicant, the Commission deferred .this_ case to April 20, 2004,
Staff (2/18/04):
The applicant was advised in writing that any significant, new or revised informationshoUld
be submitted no later than February 23, 2004, for COnsideration atthe Commission's April
20,'2004, public hearing. Also, the applicant was advised, that a $130.00 deferral fee must be
paid prior to the CommisSion's public hearing.
20 03 SN0316-MAY26-BOS
Applicant (2/23/04): '-
The applicant submitted drain.copies of revised proffered Conditions and Textual Statement.
Applicant, Area Property Owners, staffand Midlothian DistrictSupervisOr-(3/.3/04):-i' ! '.
A meeting was held to. discUSs the request. Concerns were expressed relative to the'public
heating process, sizes of buildings, preservation of natural habitat and improvements:lo.
Winterfield Road. " '" ' ": "· '
Applicant (4/8/04' and 4/9/04):
The apPlicant submitted .reviSed profferedcondifions, TextualStatement and.conceptual
plan.
Applicant (4/12/04):
Revisions Were submitted.
Planning Commission Meeting (4/20/04): ...:
On their-own'motion, the CommiSsion deferred'this ease to their May 181-2004; pUblic
hearing.' : ,
Staff (4/2!/04):
The applicant was advised in'_writing that:any si~ificant neWor revised infOrmati°n ShoUld
be.submitted no laterthan April 26, 2004, for consideration, atthe CommisSion's May.
2004, public heating. .
Applicant (5/17/04 and 5/18/04):
Amended proffered conditions relative to.traffic impacts and-number ofbedr°oms inthe "
mUlfifamily section were submitted. · -
21
03SNO316-MAY26-BOs'
Planning Commission Meeting (5/18/04):
The applicant did not accePt staff's recommendation, but did accept the Planning
Commission's recommendation. There was support present expressing that the project is
consistent with the Plan.
' ' '-' '" . .' There'was opposition present The representative of the owners of property located at the
· orthwe quadrant fthe intersecti Turnpike ld Road (Knabe
~ . n st o on of Midlothian and Winterfie
property)' expressed concerns that the. revised proffers had .0nly-recently been Submitted,
therefore.there was inadequate time to review; that the road widening could adversely impact
. . :' - "' the.property owner; and that inadequate measures had.been taken to buffer the developmem
. . from the' Knabe's northern propertyboundary.
.... . Mr:.Gulley indicated'that the proposal complies with the Plan and that the revised proffers
require the road widening to occur within the existing right of Way.
On motion of Mr. Gulley, seconded by Mr. Wilson, the Commission:recommended approval
ofthis request subject to the conditions and acceptance of the. proffered conditions on pages 2
through 9.
AYES:' Messrs. Litton, Bass, Gulley and Wilson.
ABSENT: Mr. Gecker.
consideration this request.
The Board of Supervisors; on Wednesday, May 26, 2004, beginning at 7:00 p.m., will take Under
22 . - 03SN0316-MAY26-BOS
Textual Statement
Requested: Rezone from general business C-5 of 1.3 acres, from.C-3 of 6,1 acres, from '
agriculture A of 27.1 acres, to C-3 with CUPD. -~
Specifically, the applicant requests the following exceptions to required zoning COnditiOns:
1. A fifty (50) foot excepti°n to the fifty (50) foot setback'requirement adjacentto
Midlothian Turnpike. '
.¸
A twenty-five (25) foot exception to the twenty-five (25)'foot' Setback requirement-
adjacent to W'mterfield Road. . . -
'. A fifty (50) foot exception to the fifty'(50) foot setback requirement from' -
Wintedield Road and the northern property line for any RMF use.-
Exceptions to the number of r~uired parking 'spaces as folloWs:,
a. A 0.5 .parking space exception to the number of required Parking spaces
for R-MF honsing, which reduces tho required parking spaces from 2.0
parking spaces per. dwelling unit to 1.5 parkingspaces per dwelling unit.
b. A 0.66 parking space exception' for the required parking spaces fora
commercial shopping center, which reduces the required parking spaces.
from 4.4 parking spaces per one thousand (1;000) square feet. of gross
floor area to 3..74 parking spaces per one thonsand (1,000) square.feet of
gross floor area. ·
An exception to the requirement that no more than 30% of the site, s gross acrea~
be used for R. MF use to-Permit a maximum of 33% 0fthe site's gross acreageto"
be used for R-MF use.. · - . ·
A thirty-four (34) acre exception to .the requirement that C-3 zoning contain a
minimum of sixty-seven (67) acres to permit R-MF USes in a multi-use
development.- ~
"A ten (10) acre exception to the requirement that R. lVlF uses.contain a'minimum of twenty (20) acres.'. '
A thirteen (13) unit Per acre exception to the residential density limitation.of
fourteen (14).units per acre to .permit a maXimum residential density of twenty.
seVen (27) units per acre.
12.
14.'
16..
17.
A fifteen (15) unit exception to the (10) ten dwelling-units per. floor limitation to
permit amax. i~mum of twenty-five (25) dwelling, units per floor.
A twenty-five (25) foot exception to the twenty-five (25) foot set back
requirement from interior driveways for residential buildings.
A (four) 4 foot excepti°nto the thirty. (30) foot public, access road requirement for
residential units, to allow a twentY-six (26) foot wide public road.access. -
An exception to.the requirement that construction be begun on a minimum of fifty
(50%) of the' gross site area devoted to non-residential uses before construction of
the RMF uses.
An exception to the requirement that all reSidential buildings, including accessory
buildings, on any parcel shall not cover more than forty (40) percent of'the.
parcel's .area. . .
A fifteen (15) footexception to the requirement that all residential, structures,
including accessory stru.etures, be located at least fifteen (15) feet from any
- parldng space.
An exception to therequircmcnt that the minimum distance between buildings
shall be thirty (30) fcct plus five fcct for each story above three (3):stories.
An exception to thc requirement that an area.accessible' to and.included within
the development of not less than'ten (l O) percent of gross acreage shall be
provided for suitable recreational use and in no event less than l-l/2 acres be
.provided.
An cxccptionto thc requirement:that apartment buildings comtructed along an
adjacent or internal public road fixmt that roM.'
A twenty (20) foot height exception to thc requirements of County Code Section.·
19-598(4), relative to heights ofstruetures within 1:00 feet of undeveloped
property within, an R, R--TH, MH or R-MF District.
1.9. S!gn exceptions.arc granted, as follow, s:
Entrance signs shall be permitted along Midlothian TUrnpike at each
entrance to the.development. One sign may be constructed as the Main.
Entrance sign' and. shall be a maximum of twenty-five-(25)feet in height
and shall contain a maximum of.twO hundred and fifty (250) square feet of
sign area on each side of this sign. All other entrances along Midlothian
turnpike shallbc deemed secondary entrances and shall be a.. :
20,
21.
22.'
Date:
maximum of eight (8) feet in height with a maximurn"of.fifiy (50) square
feet of sign area on each side· of the sign.~ The signs shall'be consistent..
with DeSign Guideline 4~!. ' : ' .- .." ·
'There shall be one.main entrance sign permitted along Winterfield Roa~ .
The sign-shall be a maximum of eight (8)feet in .height' and shall COntain a' '
maximum of seventy five '(75) square feet of sign.area on each'si& of,the
sign. The mainentrance sign along WinterficldRoad shall be consistent'
with DeSign .Guideline 4.1. '.. ' ..
c. Two (2) districtsignsintemally lodated in'the PrOject shall be permi~
each of which shall be a maximum, of fifty (50)square feet and shall be
consistent-with. Design Guideline 4.1,. '. - '
d. An exception to.allow tenant SignSlocated :within the project'that are
consistent-with Design Guideline 4.1.1.
An exception to the Midlothian VillageStandards on Tax ID.725-?09,7655;." :' '
An exception to perimeter landscaping requirements along Midlothian Turnpike'
and Winterfield Road; Provided, however, such perimeter landsCaping shallbe!'
consistent withthe landscaping requirements of Design Guideline Section 2~2j-::' .. '. ....
A twenty (20) footex~eption .to the comcr side yard set back requirements
adjacent to Tax 1D-725-?09-7211 if perimeter landscaping B 'is pmvidedwithin: ..
. .'the setback.
LE GORDON
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