07SN0356
Jul)T 17, 2007 CPC
.L^1UgUSt 21, 2007 CPC
October 16,2007 CPC
January 9, 2008 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
07SN0356
Goode Land Company
Midlothian Magisterial District
13217 Midlothian Turnpike
REQUESTS: I.
Rezoning from Residential (R-7) and Community Business (C-3) to
Community Business (C-3).
II.
Conditional Use Planned Development to permit exceptions to Ordinance
requirements.
PROPOSED LAND USE:
Commercial uses are planned. With approval of this request, uses permitted by right
or with restrictions in the Neighborhood Business (C-2) District would be permitted,
except as limited by proffered conditions, as well as several Community Business
(C-3) uses (Proffered Condition 10). Exceptions are requested to reduce setbacks for
drives from Midlothian Turnpike.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 5.
STAFF RECOMMENDATION
Request I:
Recommend approval of the rezoning subject to the applicant addressing concerns
relative to architectural treatment, and drive-in windows. This recommendation is
made for the following reasons:
Providing a FIRST CHOICE community through excellence in public service
A. With the use limitations, the proposed zoning and land uses conform to the
Midlothian Area Community Plan which suggests the property is
appropriate for village shopping district uses.
B. Proffered Condition 2 relative to architectural treatment should be
modified to clarify under what criteria an alternative design would be
approved.
C. Limitations on restaurants with drive through windows is difficult, if not
impossible, to enforce.
Request II:
Recommend denial of the Conditional Use Planned Development for the
following reasons:
A. The setback exceptions along Midlothian Turnpike will interrupt the
established development pattern and visual transition from the typical
suburban automobile-oriented development of the Village Fringe to Core
of Midlothian, undermining the integrity of the Midlothian Area
Community Plan in promoting a pedestrian scale and focus for the Village
Core.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS.)
PROFFERED CONDITIONS
The property owner and applicant in this rezoning case, pursuant to Section 15.2-2298 of the
Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the property under consideration will be
developed according to the following proffers if, and only if, the rezoning request submitted
herewith is granted with only those conditions agreed to by the owner and applicant. In the event
this request is denied or approved with conditions not agreed to by the owner and applicant, the
proffers shall immediately be null and void and of no further force or effect.
(CPC)
1.
Master Plan. The Textual Statement dated July 30, 2007 shall be
considered the Master Plan. (P)
(CPC)
2.
Architecture. The architectural treatment of buildings constructed
on the Property shall be generally consistent with Colonial Revival
Architecture, unless otherwise requested by the developer and
specifically approved by the Planning Commission at time of site
plan approval. (P)
(STAFF/CPC)
3.
Fence. A decorative metal fence shall be constructed along
Midlothian Turnpike exclusive of the entranceway. The fence
shall have brick piers with concrete caps. (P)
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07SN0356-]AN9-BOS-RPT
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)_
(STAFF/CPC)
(STAFF/CPC)
4.
Sidewalk.
a. In conjunction with the initial development of the Property,
the developer shall construct a sidewalk to VDOT
standards along Midlothian Turnpike (Route 60) for the
entire property frontage, and dedicate to Chesterfield
County, free and unrestricted, any additional right-of-way
(or easements) required for this improvement. The exact
design and location of this improvement shall be approved
by the Transportation Department. There shall be a
minimum five (5) foot wide grassy strip from the back of
curb to the sidewalk.
b. A sidewalk shall be constructed to the northern limits of
Tax ID 731-706-3947 to facilitate pedestrian connection
between the proposed developments. (P)
5.
Access. Direct vehicular access from the Property to Midlothian
Turnpike (Route 60) shall be limited to one (1) entrance/exit,
generally located towards the eastern property line. The exact
location of this access shall be approved by the Transportation
Department. Prior to any site plan approval, an access easement,
acceptable to the Transportation Department, shall be recorded
across the Property to provide shared use of this access with
adjacent property to the east, west and south. (T)
6.
Notification. The developer shall be responsible for notifying by
registered, certified or first class mail, the last known
representative on file with the Planning Department of the Village
of Midlothian Volunteer Coalition of any site plan. Such
notification shall occur as soon as practical, but in no event less
than twenty-one (21) days prior to approval or disapproval of the
plan. The developer shall provide a copy of the notification
letter(s) to the Planning Department. (P)
7.
Street Lights. The developer shall be responsible for installation of
decorative street lighting similar in design to the light fixture
specified in The Midlothian Village Technical Manual which shall
be provided along all public roads adjacent to the site. Spacing
shall be approximately eighty (80) feet on center. All on-site
freestanding street light fixtures shall be compatible with the
aforementioned street lights. (P)
8.
Utilities. The public wastewater system shall be utilized. (U)
9.
Timbering. Except for the timbering approved by the Virginia
State Department of Forestry for the purpose of removing dead or
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07SN0356-]AN9-BOS-RPT
(STAFF/CPC)
(STAFF/CPC)
diseased trees, there shall be no timbering on the Property until a
land disturbance permit has been obtained from the Environmental
Engineering Department and the approved devices have been
installed. (EE)
10.
Uses.
a. Uses shall not be open to the public between the hours of
midnight and 6:00 a.m.
b. Uses shall be limited to those uses permitted by right or
with restrictions in the Neighborhood Business (C-2)
District plus the following uses:
1. cocktail lounges provided that they are accessory to
a restaurant;
11. liquor stores;
111. restaurants, to include carry out and fast food;
IV. electrical, plumbing HV AC sales and display
rooms; and
v. microbreweries provided that the manufacturing of
alcoholic beverages shall be for the sole purpose of
on-site consumption and such on-site consumption
shall only occur if accessory to a restaurant use.
c. The following uses shall be prohibited:
VI. gasoline sales;
VII. coin-operated dry cleaning, laundry or laundromats;
VIII. rental of health and party equipment; and small
home hardware, tools and equipment;
IX. cigarette outlets;
x. electrical, plumbing and HV AC service;
Xl. funeral homes or mortuaries; and
XII. motor vehicle accessory stores. (P)
11.
Drive- Through Windows. There shall be no drive-through
window on the fa<;ade of any building which drive-through would
be parallel and adjacent to Midlothian Turnpike. Any drive-
through window located on the side of a building, and located in
front of the front plane of any building adjacent thereto on adjacent
properties, shall be covered by a porte-cochere. Fast food
restaurants shall not have drive through windows, excluding,
however, restaurants with drive through windows whose primary
business (a minimum of fifty (50) percent of its gross receipts) is
the sale of specialty coffee beverages, as well as ground and
unground coffee beans. (P)
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07SN0356-]AN9-BOS-RPT
(STAFF/CPC)
12.
Parking. There shall be no parking between Midlothian Turnpike
and the fa<;ade of any building adjacent to Midlothian Turnpike.
(P)
(STAFF/CPC)
13.
Retaining Walls. No individual retaining wall on the south side of
the Property shall exceed five (5) feet in height.
GENERAL INFORMATION
Location:
South line of Midlothian Turnpike, west of North Woolridge Road and better known as
13217 Midlothian Turnpike. Tax ID 731-707-2423.
Existing Zoning:
R-7 and C-3
Size:
2.7 acres
Existing Land Use:
Commercial
Adiacent Zoning and Land Use:
North - C-3 with Conditional Use Planned Development; Commercial
South - R-TH with Conditional Use Planned Development; Vacant
East - C- 3 and R - 7; Commercial
West - C-3 with Conditional Use Planned Development; Office
UTILITIES
Public Water System:
There is an existing thirty (30) inch water line extending along the south side of Midlothian
Turnpike within an easement across this property. Use of the public water system is
required by County Code.
Public Wastewater System:
There is an existing eight (8) inch wastewater collector line that terminates approximately
290 feet west of this site. Use of the public wastewater system is intended. (Proffered
Condition 8)
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07SN0356-]AN9-BOS-RPT
ENVIRONMENT AL
Drainage and Erosion:
The subject property drains to the rear and eventually to a pond in the Grove Development.
There are currently no on- or off-site drainage or erosion problems and none are anticipated
after development.
The majority of the property is wooded and, as such, should not be timbered without
obtaining a land disturbance permit from the Department of Environmental Engineering.
This will insure that adequate erosion control measures are in place prior to timbering.
(Proffered Condition 9)
PUBLIC FACILITIES
Fire Service:
The Midlothian Fire Station, Company 5, and Forest View Volunteer Rescue Squad
currently provide fire protection and emergency medical service. This request will have a
minimal impact on fire and EMS.
Transportation:
The subject property is approximately 2.7 acres located southeast of the Midlothian
Turnpike (Route 60) and Mount Pisgah Drive intersection. The applicant is requesting a
rezoning from Residential (R-7, approximately 2.1 acres) and Community Business (C-3,
approximately 0.6 acres) to Community Business (C-3).
This request will not limit development to a specific land use; therefore it is difficult to
anticipate traffic generation. Based on trip rates for a shopping center, development
could generate approximately 2,650 average daily trips (ADT). Traffic generated by this
development will be distributed along Route 60. Route 60 had a 2006 traffic count of
32,907 ADT between Winterfield Road and Old Buckingham Road. Based on the
current volume of traffic it carries during peak hours, Route 60 in this location is a four-
lane highway that accommodates (Level of Service D) the volume of traffic it currently
carries. No public road improvements in this part of the county are currently included in
the Six- Year Improvement Plan.
Development must adhere to the Development Standards Manual in 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, such as Route 60,
should be controlled. The applicant has proffered to limit vehicular access to one (1)
entrance/exit point along Route 60 and provide an access easement to ensure shared
access with the property to the east. (Proffered Condition 5)
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07SN0356-]AN9-BOS-RPT
The traffic impact of this development must be addressed; however, widening Route 60
in this area conflicts with the spirit and intent of the Midlothian Area Community Plan.
The Midlothian Area Community Plan recommends enhancement of Midlothian by
maintaining its "Village" characteristics and specifically states: "Potential for widening
Route 60 is limited between Old Buckingham and Winterfield Roads." The applicant has
proffered to construct a sidewalk to VDOT standards along Route 60 and dedicate any
additional right-of-way required for this improvement. (Proffered Condition 4)
VDOT's "Chapter 527" regulations, dealing with development Traffic Impact Study
requirements, have recently been enacted. Staff has been meeting with VDOT to attempt
to understand the process and the impact of the regulations. At this time, it is uncertain
what impact VDOT's regulations will have on the development process or upon zonings
approved by the county.
At time of site plan review, specific recommendations will be provided regarding access
and internal site circulation.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Midlothian Area Community Plan which suggests the
property is appropriate for Village Shopping District uses. The Plan indicates that this
area is appropriate for retail/service activities to include neighborhood shopping centers,
office/service establishments and public facilities.
Area Development Trends:
The area is characterized by a mix of commercial, office and public/semi-public (school)
uses bordered to the south by proposed high density residential uses along North Woolridge
Road.
Site Design:
The property is subject to the design standards for the Midlothian Village, which were
adopted concurrent with the Midlothian Area Community Plan as part of the Zoning
Ordinance. The Village is divided into areas commonly known as the "Core" and the
"Fringe", with associated standards addressing setbacks, landscaping and other design
features. These standards were established to provide transition from the typical suburban
automobile-oriented development into the core of the Midlothian Village. The property lies
within the Midlothian Village Core. The Core standards, which reflect a more neo-
traditional approach to design, would permit buildings closer to the rights of way, with
parking generally located behind the front lines of the buildings, creating a more pedestrian-
friendly environment.
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07SN0356-]AN9-BOS-RPT
Currently, within the Village Core, the minimum setback for drives from major arterials is
twenty (20) feet behind the front line of the building, which may be reduced to the front line
of the building with the least setback with the provision of additional landscaping. The
current request would permit setbacks for drives along Midlothian Turnpike to be reduced to
five (5) feet (Textual Statement). The result is an interruption in the visual transition not
only moving from Fringe to Core, but also from one side of the arterials to the other. This
confusion in scale undermines the integrity of the Plan in promoting a pedestrian focus for
the Village Core and sets a precedent for other businesses to seek similar exceptions.
Proffered Condition 11 would preclude drives located closer than the front fa<;ade of the
building to Midlothian Turnpike from serving drive-in windows. This proffer also attempts
to limit the type of fast food restaurant permitted to have a drive-in window as one whose
primary business is coffee and coffee beverage sales. As proffered, staff would be
responsible for examining the gross receipts of the business to insure compliance, which
presents an enforcement issue. As such, staff recommends that this proffered limitation not
be accepted.
Parking:
Currently, within the Village Core, the minimum setback for parking from major arterials is
twenty (20) feet behind the front line of the building, which may be reduced to the front line
of the building with the least setback with the provision of additional landscaping. Proffered
Condition 12 precludes parking between Midlothian Turnpike and the front fa<;ade of any
building, whether or not its location is closest to Midlothian Turnpike.
Uses and Hours of Operation:
Uses are limited to those permitted by right or with restrictions in the Neighborhood
Business (C-2) District, except as limited by Proffered Condition 10.c. Several uses
permitted in the Community Business (C-3) District are also permitted (Proffered Condition
10.b). These uses are generally consistent with those permitted on area properties along the
south line of Midlothian Turnpike, west of North Woolridge Road and east of the subject
property, all of which are part of the village shopping district.
Hours of operation for all uses are limited. (Proffered Condition 10.a)
Sidewalks; Fencing; Lighting; and Architecture:
In addition to the Midlothian Village Core Standards, the applicant has proffered conditions
relative to the installation of sidewalks and a decorative fence along Midlothian Turnpike,
sidewalks to the planned townhouse development to the south, decorative street lights and
architectural treatment (Proffered Conditions 2, 3, 4 and 7). It should be noted that the
Commission's review of architectural treatment is limited to conditions of zoning and
Ordinance requirements. Proffered Condition 2 implies that the Commission can approve
alternative architectural designs. The condition should be clarified to specify under what
circumstances alternative designs may be considered.
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07SN0356-]AN9-BOS-RPT
Proffered Condition 3 addresses fencing along Midlothian Turnpike.
Notification of Site Plan Approval:
Proffered Condition 6 will require that the developer notify the last known representative of
the Village of Midlothian Volunteer Coalition on file with the Planning Department of site
plan submission. It is imperative that the Coalition keep the Planning Department current
with the name and address of the representative to be notified.
CONCLUSIONS
As proffered, the proposed zoning and land uses conform to the Midlothian Area Community
Plan which suggests the property is appropriate for village shopping district uses. In addition,
the proposed zoning and land uses are representative of, and compatible with, existing and
anticipated area development. Given these considerations, approval of Request I (rezoning) is
recommended subject to addressing concerns outlined herein relative to architectural treatment
and drive-in windows.
The proposed setback exceptions for drives along major arterials result in an interruption in the
established development pattern and visual transition from the typical suburban automobile-
oriented development of the Village Fringe to Core of Midlothian. This confusion in scale
undermines the integrity of the Plan in promoting a pedestrian scale and focus for the Village
Core. Given these considerations, denial of Request II (Conditional Use Planned Development)
is recommended.
CASE HISTORY
Planning Commission Meeting (7/17/07):
At the request of the applicant, the Commission deferred this case to August 21, 2007.
Staff (7/18/07):
The applicant was advised in writing that any significant, new or revised information should
be submitted no later than July 23,2007, for consideration at the Commission's August 21,
2007, public hearing. Also, the applicant was advised that a $230.00 deferral fee must be
paid prior to the Commission's public hearing.
Applicant (8/2/07):
Revised proffered conditions and Textual Statement were submitted.
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07SN0356-]AN9-BOS-RPT
Staff (8/8/07):
To date, the deferral fee has not been paid.
Applicant (8/17/07):
The deferral fee was paid.
Planning Commission Meeting (8/21/07):
At the request of the applicant, the Commission deferred this case to October 16,2007.
Staff (8/22/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than August 27, 2007, for consideration at the Commission's
October 16,2007, public hearing. Also, the applicant was advised that a $130.00 deferral
fee must be paid prior to the Commission's public hearing.
Staff (9/25/07):
To date, no new information has been submitted, nor has the deferral fee been paid.
Applicant (10/12/07):
The deferral fee has been paid.
Applicant (10/16/07):
Revised proffered conditions were submitted.
Planning Commission Meeting (10/16/07):
The applicant accepted the Commission's recommendation. There was support present
indicating the development will enhance the village.
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07SN0356-]AN9-BOS-RPT
On the motion of Mr. Gecker, seconded by Mr. Gulley, the Commission accepted
approval and acceptance of the proffered conditions on pages 2 through 5.
AYES: Messrs. Gecker, Gulley, Bass, Litton and Wilson.
The Board of Supervisors, on Wednesday, January 9, 2008, beginning at 6:30 p.m., will take
under consideration this request.
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07SN0356-]AN9-BOS-RPT
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FIRST AMENDED AND RESTATED TEXTUAL STATEMENT
July 30, 2007
This is a request to rezone approximately 2.7 acres of the Property under consideration to
C-3 with a Conditional Use Planned Development (CUPD) that will permit retail
development with the following exception:
1. The minimum setback along Midlothian Turnpike for any driveway shall be five
(5) feet.
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