98SN0156.pdfREQUEST ANALYSIS
AND
RECOMMENDATION
April 22, 1998 BS
98SN0156
(Amended)
B. K. Katherman & Co., Inc.
Midlothian Magisterial District
North line of Midlothian Turnpike
REQUEST: (Amended) Amendment to Conditional Use Planned Development (Case 87S021)
to permit a fast food restaurant.
PROPOSED LAND USE:
The applicant plans to develop a fast food restaurant in conjunction with a planned
and permitted convenience store with gasoline sales within the Sommerville mixed-
use development. However, approval of this request would allow the operation of
the fast food restaurant independent of any other approved use on the site.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON
PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
Ao
The requested use conforms to the Upper Swift Creek Plan which suggests the
property and surrounding area is appropriate for regional mixed use, to include
regional-scale office or commercial developments, especially large projects
comaining a mixture of townhouse or multi-family residemial, corporate office,
regional commercial and light industrial uses, as well as commercial uses such as
fast food restaurants when such uses are located to minimize potential negative
impacts on noncommercial uses. The proPosed fast food restaurant is located along
Midlothian Turnpike, away from area residences in Michaux Creek Subdivision,
located north of the request property off of North Otterdale Road.
The requested use is no more intense than, and is representative of and compatible
with, those commercial uses currently permitted on the property.
The conditions of zoning approval for Cases 80S092 and 87S021 (Sommerville)
would remain in effect and further ensure compatibility with area development.
(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 CONDITION
(STAFF/CPC)
All signs shall comply with the requirements of the Zoning Ordinance.
Development Standards Waivers or Variances shall not alter this condition.
GENERAL INFORMATION
Fronts the north line of Midlothian Turnpike, the south line of Sommerville Court and the
east line of North Otterdale Road and located at the intersection of these roads. GPIN 721-
709-6885 and 8482 (Sheet 7).
Existing Zoning:
I-1 with Conditional Use Planned Developmem
Size:
2.3 acres
Existing Land Use:
Vacant
Ad_iacent Zoning & Land Use:
North - I-1 with Conditional Use Planned Developmem; Vacant
South - A; Vacant
East and West - I-1 with Conditional Use Planned Development; Commercial
98SN0156/WP/APR22L
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. In addition, there is an existing eight (8)
inch water line along the south side of Sommerville Court adjacent to the site. Use of the
public water system is required by County Code and by conditions of zoning approval for
Case 80S092.
Public
Wastewater System:
There is an existir_g eight (8) inch wastewater collector along Sommerville Court adjacent
to the request site. Use of the public wastewater system is required by County Code and
by conditions of zoning approval for Case 80S092.
ENVIRONMENTAL
Drainage and Erosion:
This request will have no impact on these facilities.
POLICE
Crime
Prevention Through Environmental Design:
Chesterfield County, through the Police Department, has incorporated Crime Prevention
Through Environmental Design (CPTED) into the planning process. CPTED is the
implementation of strategies to reduce the frequency, severity and/or fear of crime through
manipulation of the physical environment. The POlice Department, upon reviewing this
request, has identified a number of concerns that may be addressed through the
implementation of CPTED strategies. These include access, lighting, landscaping, site
layout and fencing. If this request is approved, staff will work with the developer to have
these concerns addressed prior to or in conjunction with site plan review.
PUBLIC FACILITIES
Fire Service:
The Public Facilities Plan indicates that Emergency Services calls are expected to increase
forty-five (45) percent by the year 2015. Eight (8) new fire/rescue stations are
recommended for construction by the year 2015 in the Pttblic Facilities Plan.
3 98SN0156/WP/APR22L
This property is currently served by the Midlothian Fire/Rescue Station, Company Number
5, and Forest View Rescue Squad. When the property is developed, the number of
hydrants and quantity of water needed for fire protection will be evaluated during the plans
review process. Also, the need for fire lanes will be determined during the review of the
aforementioned plans.
The request land use amendment would permit development of a fast food restaurant on
the subject property. Based on trip rates for fast food restaurants with drive through
windows, development could generate approximately 2,130 average daily trips. Existing
zoning would permit development of the subject property that would result in similar
traffic generation. Vehicles generated by development on the subject property will be
distributed via Sommerville Court and North Otterdale Road to 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). A current condition of zoning
(Condition 6 of Case 87S021) precludes direct access from the subject property to Route
60. At the time of site plan review, specific recommendations will be provided regarding
access to Sommerville Court and internal circulation.
Comprehensive Plan:
Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is
appropriate for regional mixed uses. The Plan suggests that appropriate land uses in such
areas include regional-scale office or commercial developments, especially large projects
containing a mixture of townhouse or multi-family residential, corporate office, regional
commercial and light industrial uses, as well as commercial uses, such as fast food
restaurants, when such uses do not have a negative impact on other uses.
/~rea Development Trenas:
The request site is a vacant parcel in the Sommerville mixed use complex. Area properties
have developed eommercially or remain vacant. It is anticipated that commercial
development will continue along this portion of Midlothian Turnpike.
4
98SN0156/WP/APR22L
Zoning History:
On October 22, 1980, the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved a rezoning with Conditional Use Planned
Development on the request property and adjacent property to the north, east and west
(Case 80S092). With the approval of Case 80S092, uses on the subject property were
limited to those allowed in the Light Industrial (M-i) District.
On April 22, 1987, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved an amendment to Conditional Use Planned Development
Case 80S092 on the request property and adjacent property to the north, east and west
(Case 87S021). With the approval of Case 87S021, uses on the property were limited to
those allowed in the light industrial district and several retail uses. A fast food restaurant
was not allowed.
Site Design:
The request property lies within an Emerging Growth Area. Redevelopment of the site or
new construction must conform to the requirements of Cases 80S092 and 87S021, the
Zoning Ordinance and the Development Standards Manual, which address access, parking,
landscaping, architectural treatment, setbacks, signs, buffers, utilities, and screening of
dumpsters and loading areas.
Architectural Treatment:
Within Emerging Growth Areas, no building exterior which would be visible to any public
fight of way may consist of architectural materials inferior in quality, appearance, or detail
to any other exterior of the same building. There is, 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. No portion of a building constructed of
unadorned concrete block or corrugated and/or sheet metal may be visible from any public
right of way. No building exterior may be constructed of unpainted concrete block or
corrugated and/or sheet metal. Mechanical equipment, whether ground-level or rooftop,
must be shielded and screened from public view and designed to be perceived as an
integral part of the building.
Signs:
The proffer states that regardless of any Development Standards Waivers or Variances that
may be granted in the future, signs must comply with requirements of the Zoning
Ordinance.
5 98SN0156/WP/APR22L
Buffers & Screening:
The Development Standards Manual 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 by a solid fence, wall, dense evergreen plantings or
architectural feature.
CONCLUSIONS
The requested use conforms with the requirements of the Upper Swift Creek Plan which suggests
the property is appropriate for regional mixed use, to include regional-scale office or commercial
developments. The Plan especially notes that large projects containing a mixture of townhouse
or multi-family residential, corporate office, regional commemial and light industrial uses, as well
as commercial uses such as fast food restaurants when such uses are located to minimize potential
negative impacts on noncommercial uses, would be appropriate. The proposed fast food restaurant
is located along Midlothian Turnpike, away from area residences in Michaux Creek Subdivision.
In addition, the requested use is no more intense than, and is representative of and compatible
with, those uses currently permitted on the property. The conditions of zoning approval for Cases
80S092 and 87S021 would remain in effect and further ensure compatibility with area
development.
Given these considerations, approval of the request is recommended.
CASE HISTORY
Planning Commission Meeting (1/20/98):
At the request of the applicant, the Commission deferred this case to March 17, 1998.
Staff (1/22/98):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than January 27, 1998, for consideration at the Commission's March
17, 1998, public hearing. Also, the applicant was advised that a $150.00 deferral fee must
be paid prior to the Commission's public hearing.
98SN0156/WP/APR22L
Applicant (1/28/98):
The applicant paid the $150.00 deferral fee and amended the request to seek approval of
direct access to Route 60.
Applicant (3/16/98):
The applicant withdrew that portion of the request for an additional access. It is the intent
to make a separate 'application to address the access in the furore. Such application may
include adjacent property to the east to address the access separation issues outlined in the
"Request Analysis.' The applicant also proffered a condition relative to signs. (Proffered
Condition)
Planning Commission Meeting (3/17/98):
The Commission aclmowledged withdrawal of the portion of the request for a direct access
to Route 60.
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Shewrnake, seconded by Mr. Marsh, the Commission recommended
approval of this request and acceptance of the proffered condition on page 2.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, April 22, 1998, beginning at 7:00 p.m., will take under
consideration this reques:.
7 98SNO156/WP/APR22L
)EROSE
N
98SNOI56(AMENDED)~
',ND C.U.P.D.
98SN0156 (Amended)
In Midlothian Magisterial District, B. K. KATHER/~AN & CO.,
INC. requested amendment to Conditional Use Planned
Development (Case 87S021) and amendment of zoning district
4/22/98
98-287
map to permit a fast food restaurant. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for regional mixed use. This request
lies in a Light Industrial (I-l) District on 2.3 acres
fronting approximately 325 feet on the north line of
Midlothian Turnpike and the south line of Sommerville Court
and approximately 300 feet on the east line of North
Otterdale Road and located at the intersection of these
roads. GPIN 721-709-6885 and 8482 (Sheet 7).
Mr. Jacobson presented a summary of Case 98SN0156 and stated
that staff and the Planning Commission recommend approval and
acceptance of the proffered conditions. He noted that the
request conforms to the Upper Swift Creek Plan.
Mr. Andrew Scherzer, representing the applicant, stated that
the recommendation is acceptable.
There was no opposition present.
On motion of Mr. Barber, seconded by Mr. Warren, the Board
approved Case 98SN0156 and accepted the following proffered
condition:
Ail signs shall comply with the requirements of the
Zoning Ordinance. Development Standards Waivers or
Variances shall not alter this condition.
Ayes:
Nays:
Humphrey, Warren, Barber, Daniel, and McHale.
None.
4/22/98
98-288