05SN0243-July27.pdfJuly 27, 2005 BS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
05SN0243
HHHunt Corporation
Midlothian Magisterial District
North line of North Woolridge Road
REQUEST:
Amendment to Conditional Use Planned Development (Case 94SN0138) to permit
child care center, bank and office use. Specifically, amendment to the approved
Textual Statement for Case 94SN0138 is requested to allow these uses in Tract 1.
PROPOSED LAND USE:
In addition to those uses allowed with the approval of Case 94SN0138, child care
center, bank and office use is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION ON PAGE 2.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
The proposed land uses do not conform to the Midlothian Area Community Plan
which suggests the property is appropriate for residential use of 1.01 to 2.0 units
per acre.
B. The proposed land uses can be accommodated within other tracts which are
appropriately zoned.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY
Providing a FIRST CHOICE community through excellence in public service
Public Wastewater System:
There is an eight (8) inch wastewater collector line extending along a portion of North
Woolridge Road, along a portion the future right-of-way of the proposed Charter Park
Drive, and along the northern boundary of this site. The use of the public wastewater
system is required as a condition of zoning. (Case 94SN0138, General Conditions and
Definitions, Item 4)
ENVIRONMENTAl,
Drainage and Erosion:
This request will have minimal impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Midlothian Fire Station, Company Number 5, and Forest View Volunteer Rescue
Squad currently provide fire protection and emergency medical service (EMS). This
request will have minimal impact fire and EMS.
Transportation:
In September 1993, the Board of Supervisors approved an agreement between the
County, the owner of Charter Colony (J. Louis Reynolds Trust) and the State Board of
Community Colleges. Under the terms of the agreement, the county agreed that it would
not require the Trust to provide improvements to Route 60, Charter Colony Parkway,
Woolridge Road, Route 288 or other existing roads in connection with full development
of Charter Colony. In August 1994, the Board approved a rezoning request (Case
94SN0138) on approximately 822 acres for Charter Colony. The property (6.5 acres) is
part of Charter Colony.
The property is currently approved for private school, recreational and various residential
uses. The applicant is requesting an amendment to allow bank, child care center and
office uses, in addition to those land uses currently permitted. This request will not Ii,nit
development to a specific land use; therefore, it is difficult to anticipate traffic generation.
Based on drive-in bank and day care center trip rates, development is anticipated to
generate 1,780 average daily trips. These vehicles will be initially distributed along North
Woolridge Road to Route 288 and Charter Colony Parkway. Charter Colony Parkway
had a 2005 traffic count of 12,490 vehicles per day between North Woolridge Road and
Center Pointe Parkway. Based on this volume of traffic, this two-lane section of Charter
Colony Parkway is at capacity (Level of Service E). No road improvement projects in
this part of the county are included in the Secondary Road Six-Year Improvement Plan.
As part of the approved bond referendum, a project was included to widen North
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05SN0243-JULY27-BOS
Woolridge Road to four (4) lanes between Charter Colony Parkway and Coalfield Road,
scheduled for construction in 2007.
The Thoroughfare Plan shows a proposed north/south collector, with a recommended
right of way width of sixty (60) feet, from North Woolridge Road towards Midlothian
Turnpike (Route 60). The Textual Statement for Case 94SN0138 includes a condition
that requires the dedication of a sixty (60) foot wide right of way foot for the proposed
north/south collector. Part of the subject property includes that planned right of way
dedication.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Midlothian Area Community Plan which suggests the
property is appropriate for residential use of 1.01 to 2.0 units per acre.
Area Development Trends:
The request property is part of the Charter Colony mixed-use development. Area property
to the north and west is currently vacant, but is planned for residential development of
various densities. The subject property is part of the tract encompassing the adjacent
property to the north and west and is also planned for residential development. John Tyler
Community College has been developed on property to the south. Adjacent property to the
east has been zoned and can be developed for a mix of commercial and office uses as well
as private school and single-family residential use but is currently vacant. The Plan
anticipates residential development continuing in the area north of Woolridge Road and a
mix of office and residential development south.
Zoning History_
On August 24, 1994, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved rezoning and Conditional Use Planned Development on
the request property and adjacent property (Case 94SN0138). With the approval of Case
94SN0138, the entire property was divided into tracts. The request property was identified
as Tract 1. The approved Textual Statement for Case 94SN0138 restricted uses in Tract 1 to
those uses permitted in the Residential (R-9) District; private schools; Residential Multi-
family (R-MF) District; Residential Townhouse (R-TH) District; and Single Family A or B,
as defined in the General Conditions of the Textual Statement, as well as recreational uses
accessory to residential uses in the development.
At the time of zoning, staff did not support commercial uses within adjacent Tract 5 noting
that the uses did not comply with the Plan. The Plan envisions most of the new commercial
development to occur within the Village Core, as opposed to within the periphery of the
Plan area. After public hearings, however, it was the determination of the Commission and
Board to allow commercial uses to the east of the subject request. The uses proposed by this
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05SN0243-JULY27-BOS
application could be accommodated within that Tract, as well as other tracts within Charter
Colony.
Development Standards:
While the property is zoned Residential (R-9), Emerging Growth District standards would
not apply to development of the site. However, the applicant has included in the amended
Textual Statement that any child care center, bank or office use will be subject to the
Convenience Business (C-l) and Emerging Growth District Standards of the Zoning
Ordinance (Textual Statement). The purpose of the Emerging Growth District standards is
to promote high quality, well-designed projects. If this request is approved, development
should conform to the requirements of the Zoning Ordinance, which address access,
parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities and
screening of dumpsters and loading areas. In order for these requirements to apply to this
proposal and should the commission and board wish to approve this request, a condition
should be imposed adopting the revised Textual Statement for the request property.
In addition, the C-1 standards limit the density and address architectural standards of a
residential nature.
In response to concerns expressed by the Village of Midlothian Volunteer Coalition, the
applicant's textual statement addresses architectural style of buildings and the style and
location of street lights. (CONDITION)
Uses:
The applicant is requesting approval to allow child care centers, banks and office uses on
the property, in addition to those uses already permitted. As previously noted, uses in
Tract 1 are restricted to those uses permitted in the Residential (R-9) District; private
schools; the Residential Multi-family (R-MF) District; the Residential Townhouse (R-
TH) District; and Single Family A or B, as defined in the General Conditions of the
Textual Statement, as well as recreational uses accessory to residential uses in the
development.
The approved zoning for the request property and the overall Charter Colony
development allowed for the requested uses in other tracts within the project.
Specifically, the uses are allowed within Tract 2, southeast of the subject property at the
intersection of Woolridge Road Extended and Realigned Coalfield Road (Charter Colony
Parkway); within Tract 5, adjacent to and east of the subject property; and within Tracts
6 and 7, generally north of the subject property at the intersection of Charter Colony
Parkway and Midlothian Turnpike.
CONCLUSION
The land uses do not conform to the Midlothian Area Community Plan which suggests the
property is appropriate for residential use of 1.01 to 2.0 units per acre. Further, Charter Colony's
05SN0243-JULY27-BOS
zoning includes other tracts within the development which would accommodate these uses.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (6/21/05):
The applicant did not accept staff's recommendation but did accept the Planning
Commission's recommendation. There was support present.
On motion of Mr. Gecker, seconded by Mr. Gulley, the Commission recommended
approval subject to the Condition on page 2.
AYES: Unanimous
The Board of Supervisors, on Wednesday, July 27, 2005, beginning at 7:00 p.m., will take under
consideration this request.
6 05SN0243-JULY27-BOS
AMEND~ TEXTUAL STATEMENT
($un¢ 21, 2005)
OVERVIEW
Paragraph A of the Overview is hereby amended and restated as follows:
A. Tract 1 - Res/d~fi~ (R-9) wi.th Conditional Use Planned Development to permit child
care centers, banks, oftiees, pnvate schools, residential multi-family and townhouse uses;
recreationsl uses accessory to.residmtial use~ in the development; plus exceptions to the
R-9 bulk requirements on approximately 181 ms.
DETAILED ,TRACT CONDITIONS
The introductory paragraph for Tract 1 is hereby amended and restated as follows:
Tract 1 - R-9 with Conditional Use Planned Development to permit child care centeax, banks,
offices, private schools, residential multifamily and townhonse uses, recreational uses accessory
to residential uses in the development;, plus exceptions to R-9 bulk requirements.
'Tract 1 Item 2 is hereby amended and restated as follows:
Uses permitted shall be those permitted in the Residential (R-9) District; private schools;
child care centers, banks and offices subject to Convenience Business (C-l) and
Emerging Growth District Standards of the Zoning Ordinance, with any private schools,
'child care centers, banks and offices shall be similar in style and archi~ to Sycamore
Square Shopping Center or of American Colon/al style and architecture; the Resi&mtial
Multi-family (R-MY) District; the Residential Townhouse (R-TH) District; and Single
Family A or B, as defined in the General Conditions and recreational uses accessory to
residential uses in thc development. Gooseneck-style streetlights, the exact design to be
determined at the time of site plan review, shall be installed along tho northern fight-of-
way line of Woolridge Road. Lights shall be placed one hundred (100) feet on center.
Such lights shall be installed in conjunction with development of any site adjacem to the
fight-of-way.
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APPROVED
MASTER Plan
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