99SN0143REQUEST ANALYSIS
AND
RECOMMENDATION
.~ ..... ~_ ,. ,~o CPC
February 24, 1999 BS
99SN0143
W. J. Rapp, Jr.
Midlothian Magisterial District
14300 Midlothian Turnpike
REQUEST: Amendment to Conditional Use Planned Development (Case 85S053) to permit
Commurdty Business (C~3) uses in an Agricultural (A) District.
PROPOSED LAND USE:
A commercial indoor recreational facility which is a C-3 use currently exists on a
portion of the property. With approval of this request, the property could be
developed or redeveloped for other C-3 uses except as restricted by Proffered
Condition 1, in addition to the uses already permitted by 85S053.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reason:
The proposed zoning and land use conforms to the Midlothian Area Communi .ty Plan
which suggests the request property is appropriate for suburban commercial uses, to
include shopping centers, office-service establishments and similar uses.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE
RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC)
1. Use Restrictions. The following uses shall not be permitted:
ao
Motor vehicle sales and/or rental;
Cocktail lounges and nightclubs;
Feed, seed and ice sales;
Fraternal uses;
Greenhouses or nurseries;
Indoor flea markets; or
Secondhand and consignment stores.
(STAFF/CPC)
Transportation. Prior to issuance of an occupancy permit for any C-
3 use, other than indoor recreatioml and sporting goods sales in the
existing 8,000 square foot building identified and shaded on the
Master Plan as approved for Case 85S053, the crossover on Route
60 that aligns access to the Property shall be closed, if approved by
the Virginia Department of Transportation.
(STAFF/CPC)
Perimeter landscaping C (option 1) shall be required as a minimum
standard for perimeter landscaping within the setback from
Midlothian Turnpike. Prior to installation of such landscaping, a
plan shall be submitted to the Planning Department for review and
approval. The approved landscaping shall occur prior to June 1,
1999.
GENERAL INFORMATION
Location:
North line of Midlothian Turnpike, east of Otterdale Road and better known as 14300
Midlothian Turnpike. Tax ID 723-709-6425 (Sheet 7).
Existing Zoning:
A with Conditional Use Planned Developmem
2.7 acres
99SN0143/WP/FEB24J
Existing Land Use:
Commercial
Adjacent Zoning & Land Use:
North - I-1 with Conditional Use Planned Development; Vacant
South - C-3 with Conditional Use Planned Development; Vacant
East - A with Conditional Use Planned Development; Commercial
West - A; Single family residential
UTILITIES
Public Water System:
There is an existing twenty-four (24) inch water line extending along the north side of
Midlothian Turnpike, adjacent to the request site. Use of the public water system is
required at such time as a building permit application is made for any new structure on the
request site.
Private Well:
Existing improvements are using a well for domestic water supply. Continued use of the
well must be approved by the Health Department.
Public Wastewater System:
There is an existing eight (8) inch wastewater collector extending along the south side of
the Norfolk Southern Railroad and ending approximately 450 feet north east of the request
site. In addition, there is an existing eight (8) inch wastewater collector approximately 175
feet east of the request site. Use of the public wastewater system is required at such time
as a building permit application is made for any new structure on the request site.
Private Septic Tank and Drainfield System:
Existing improvements are using a septic tank and drainfield system. Continued use of
the septic system must be approved by the Health Department.
ENVIRONMENT.AL
Drainage and Erosion:
No existing or anticipate on- or off-site drainage or erosion problems.
3 99SN0143/WP/FEB24J
PUBLIC FACILITIES
Fire Service:
The request property is served by the Midlothian Fire/Rescue Station, Company Number
5, and by Forest View Rescue Squad. The need for fire hydrants and quantity of water
for fire protection will be evaluated during the plans review process for any additional
improvements.
Transportation:
This request will not limit development to a specific land use; therefore, it is difficult to
anticipate traffic generation. Based on fast food with drive-through window trip rates,
development could generate approximately 2,980 average daily trips. These vehicles will
be distributed along Midlothian Turnpike (Route 60) which had a 1997 traffic count of
23,467 vehicles per day.
Development must adhere to the Development Standards Manual in the Zoning Ordinance,
relative to access and internal circulation (Division 5). The existing access to the property
aligns an existing crossover on Route 60. The sight distance at this crossover is limited
due to: 1) the vertical alignment of the eastbound lanes of Route 60 as they bridge the
Southern Railroad; and 2) the guardrail that extends from the bridge along the eastbound
lanes of Route 60. The existing crossover does not have a left turn lane for vehicles
eastbound on Route 60 to access the property. This crossover is not safe and should be
closed.
In 1985, the property was rezoned to permit office/warehouses uses, and the developer
was not required to close the crossover. An indoor recreational and sporting goods sales
facility has been developed on the property. The applicant has proffered that prior to
issuance of any occupancy permit for any C-3 use, other than indoor recreational and
sporting goods sales in the existing 8,000 square foot building on the property, the
crossover on Route 60 that aligns access to the property will be closed, if approved by the
Virginia Department of Transportation (VDOT) (Proffered Condition 2). VDOT supports
the closing of this crossover. This proffered condition would allow the operation of the
existing indoor recreational and sporting goods sales facility to continue and would allow
the development of any office/warehouse use without requiring the closing of the Route
60 crossover.
At time of site plan review, specific recommendations will be provided regarding internal
circulation.
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99SN0143/WP/FEB24J
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Midlothian Area Communi .B, Plan which suggests the
request property is appropriate for suburban commercial uses.
Area Development Trends:
The request property and surrounding area, along this portion of Midlothian Turnpike, are
zoned and/or developed for commercial uses or remain vacant. Adjacent property to the
west, while zoned agriculturally and occupied by a single family residence, is designated
on the Plan for commercial use and it is anticipated that this property will also be zoned
commercially in the future. Existing area commercial zoning and development patterns
are expected to continue.
Zoning History:
On October 25, 1978, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved a Conditional Use to permit a building supply use on the
request property. (Case 78S157)
On February 24, 1982, the Board of Supervisors approved an amendment to Case 78S157
to permit a larger freestanding sign to identify the business on the property. (Case
82S003)
On June 26, 1985, the Board of Supervisors approved an amendment to Case 78S157 to
permit'office/warehouse use and setback exceptions on the request property (Case
85S053). With approval of Case 85S053, the following conditions were imposed:
The following conditions notwithstanding, the plan prepared by E.J. Beamon, Jr.,
revised 2/5/85, shall be considered the Master Plan. (P)
There shall be no outside storage other than that associated with the existing
building supply and hardware business. All outside storage associated with the
building supply and hardware business shall be located to the rear (north) of the
existing structure. (P)
3. Exterior lighting shall be low level, not to exceed a height of fifteen (15) feet. (P)
Concrete curb and gutter shall be installed around the perimeter of all driveways
and parking areas. (EE)
5 99SN0143/WP/FEB24J
A twenty-five (25) foot buffer shall be maintained along the western property line.
A five (5) foot buffer shall be maintained along the eastern property line between
Building A and the property line. Existing vegetation shall be supplemented,
where necessary, to break the monotony of the building facades and minimize the
view of the proposed building and parking areas. There shall be no dumpsters,
heating or air conditioning equipment or other facilities located within these
buffers. Doors adjacent to these buffer areas shall be used solely for emergency
access. Within the required fifty (50) foot setback along Route 60, existing
vegetation shall be supplemented with ornamental trees and shrubs. A landscaping
land depicting these requirements shall be submitted to the Planning Department
for approval in conjunction with site plan approval. (P)
In conjunction with the approval of this request, the following setback exceptions
shall be granted:
a. A fifteen (15) foot exception to the twenty-five (25) foot rear yard setback.
A ten (10) foot exception to the fifteen (15) foot side yard setback along the
eastern property line, only.
In addition to the heardware and building supply business, uses shall be limited to
office/warehouse and those uses permitted in the Light Industrial (M-l) District.
(CPC)
The structures shall have an architectural style as depicted in the elevations
submitted with the application; The facades which are generally parallel to Route
60 shall be all brick. The other facades shall be a combination of brick and painted
block. The painted block, roof, and other trim shall be subdued colors. Prior to
obtaining a building permit, color sample shall be submitted to the Planning
Department for approval. (P)
o
Signs shall be as permitted in the Route 60 Special Sign District for Convenience
Business (B-I) zoning. (P)
10.
In conjunction with the approval of this request, the Planning Commission shall
grant schematic plan approval of the Master Plan. (P)
Site Design:
The request property has been developed for a building supply sales business and
office/warehouse complex with accessory parking. Access is provided to Midlothian
Turnpike.
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99SN0143/WP/FEB24J
It should be noted that outdoor recreational facilities have been developed within the
parking setback along Midlothian Turnpike, in violation of the Zoning Ordinance.
Approval of this request would not allow these recreational facilities on the request
property; therefore, these facilities must be removed. The applicant has agreed to install
landscaping within the setback along Midlothian Turnpike prior to June 1, 1999.
The request property lies within an Emerging Growth Area. Redevelopment of the site
or new construction must conform to the development standards of the Zoning Ordinance
and conditions of zoning approval for Case 85S053 which address access, parking,
landscaping, architectural treatment, setbacks, signs, buffers, utilities, and screening of
dumpsters and loading areas.
Architectural Treatment:
The request property is located within an Emerging Growth area. In addition, Condition
8 of Case 85S053 regulates the architectural treatment of any new construction on the
property and would remain in effect with the approval of this request.
In addition to the requirements of Condition 8 of Case 85S053, Emerging Growth District
standards would require that mechanical equipment, whether ground-level or rooftop, be
screened from view of adjacent properties and public rights of way and designed to be
perceived as an integral part of the building. Further, junction and accessory boxes must
be minirmz' ed from view of adjacent property and public rights of way. New construction
must conform to these requirements.
Buffers & Screening:
The Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters, garbage
cans, trash compactors, etc.) be screened from view of adjacent property and public rights
of way. In addition, sites must be designed and buildings oriented so that loading areas
are screened from any property where loading areas are not permitted and from public
rights of way.
With the approval of this request, outside storage would be permitted as a restricted use.
Outside storage areas must be screened from view of adjacent properties on which such
areas are not permitted and public rights of way.
CONCLUSIONS
The proposed zoning and land use conforms to the Midlothian Area Communi _ty Plan which
suggests the request property is appropriate for suburban commercial uses, to include shopping
centers, office-service establishments and similar uses. In addition, the development standards
of the Zoning Ordinance and conditions of zoning approval for Case 85S053 ensure compatibility
7 99SN0143/WP/FEB24J
with existing and anticipated area commercial development within this portion of Midlothian
Turnpike.
Given these considerations, approval of this request would be appropriate.
CASE HISTORY
Planning Commission Meeting (11/17/98):
At the request of the applicam, the Commission deferred this case to January 19, 1999.
Staff (11/18/98):
The applicam was advised in writing that any significam new or revised information
should be submitted no later than November 30, 1998, for consideration at the
Commission's January 19, 1999, public hearing. Also, the applicant was advised that a
$150.00 deferral fee must be paid prior to the Commission's public hearing.
Applicant (12/2/98):
The applicant paid the $150.00 deferral fee.
Applicant, Staff and the Midlothian District Commissioner (12/3/98):
A meeting was held to discuss the proposed rezoning.
Applicant (1/7/99):
Proffered conditions were submitted.
Applicant (1/18/99):
The applicant submitted an amended Proffered Condition 1 in response to concerns by the
Midlothian District Planning Commissioner, agreeing to additional use restrictions on the
property.
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99SN0143/WP/FEB24J
Planning Commission Meeting (1 / 19/99):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Shewmake, seconded by Mr. Gulley, the Commission recommended
approval of this request and acceptance of the proffered conditions on page 2.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, February 24, 1999, beginning at 7:00 p.m., will take
under consideration this request.
9 99SN0143/WP/FEB24J
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99SN0143
AMEND C.U..PD.
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APPROVED
MASTER
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