98SN0206.PDF REQUEST ANAL-YSIS
AND
RECOMMENDATION
98SN0206
Mary Katherine Nelson
Midlothian Magisterial District
1201 Crowder Drive
May 27, 1998 BS
REQUEST: Amendment to Conditional Use Planned Development (Case 89SN0139) to permit
pet shop and pet grooming uses in a Residential (R-7) District.
PROPOSED LAND USE:
The request property is occupied by a residence that has been zoned and converted to
office or commercial use. Conditions of zoning approval for Case 89SN0139 allow a
number of office and commercial uses, but not pet shop and pet grooming uses. The
applicant wishes to add these uses to the list of office and commercial uses currently
permitted on the property.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF THE
PROFFERED CONDITION ON PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
mo
The proposed amendment conforms to the Midlothian Area Community. Plan which
suggests the request property is appropriate for village shopping district uses.
Bo
The proposed amendment conforms to commercial development trends along
Crowder Drive, in the Village of Midlothian.
Co
Conditions of zoning approval for Case 89SN0139 and 87S092, together with the
requirements of the Zoning Ordinance and Development Standards Manual, ensure
compatibility with area residential 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.)
CONDITION
(STAFF/CPC)
The following additional uses shall be permitted:
1. Pet shop
2. Pet grooming.
(Note: These uses are in addition to the uses permitted with the approval of
Case 89SN0139.)
PROFFERED CONDITION
(STAFF/CPC) There shall be no dogs permitted on the property.
GENERAL INFORMATION
Location:
East line of Crowder Drive, south of Westfield Road and better known as 1201 Crowder
Drive. GPIN 729-708-4468 (Sheet 7).
Existing Zoning:
R-7 with Conditional Use Planned Development
Size:
0.7 acre
Existing Land Use:
Commercial
Adjacent Zoning & Land Use:
North - R-7;, Single family residential
South - C-2; Commercial
98SN0206/MAY27W
East - R-7 and C-2; Single family residential or vacant
West - R-7; Single family residential
UTILITIES-
Public Water System:
There is an existing eight (8) inch water line along Crowder Drive adjacent to the request
site. The existing structure is connected to the public water system. Use of the public
water system is required as an existing condition for zoning. (Condition 5 of Case
87S092).
Public Wastewater System:
There is an existing eight (8) inch wastewater collector extending along Westfield Drive
approximately 265 feet north of the request site. The site is currently served by an existing
septic system and it is the intent of the applicant to continue to utilize the existing septic
system.
Condition 5 of Case 87S092 requires that, prior to iSsuance of an occupancy permit for any
additional office use, public wastewater must be extended to the site and all office uses
must be connected to the public system. A subseqUent amendment to Case 87S092 (Case
89SN0139) permitted additional commercial useS to those allowed with the approval of
Case 87S092; however, this amendment did not require these additional commercial uses
connect to the public wastewater system. The current amendment to Case 89SN0139,
which will further expand the permitted commerCial Uses to allow pet grooming and a pet
shop, will not trigger the implementation of Conditi°n 5 of Case 87S092 requiring use of
the public wastewater system. ..
The Utilities Department has recommended to the applicant that the public wastewater
system be used for the proposed pet shop and pet grooming uses.
Private Septic Tank and Drainfield System:
The Health Department must approve any new septic systems or expanded usage of any
existing septic system. It should be noted that septic systems are not designed to handle
animal waste and litter, which can degrade the system and contribute to septic system
failure. The owner/developer should therefore, disPose of animal waste and litter by other
means.
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ENVIRONMENTAL
Drainage and Erosion:
Drains north and east and eventually to Falling Creek. No existing or anticipated on- or
off-site drainage or erosion problems. Conditions of zoning approval for Case 89SN0139
require the installation of curb and gutter around paved areas.
PUBLIC FACILITIES
Fire Service:
This property is served by the Midlothian Fire/Rescue Station, Company Number 5, and
Forest View Rescue Squad. This amendment will not generate additional need for fire
service.
Transportation:
Land uses currently permitted on the property, such as specialty shops, gift shops and
general offices, could generate similar traffic volumes as the requested land use (pet
grooming and pet shop). This requested amendment will have a minimal impact on the
anticipated traffic generated by development of this property.
In March 1989, the Board of Supervisors approved an amendment (Case 89SN0139) to a
previous Conditional Use Planned Development (case 87S092) on the property relative to
paving requirements along Crowder Drive. Condition 3 of Case 89SN0139 requires
additional pavement and curb and gutter to be constrUcted along Crowder Drive for the
entire property frontage. The condition allows the phasing of the Crowder Drive road
improvements. Use of the existing strUcture on the property as a pet grooming and pet
shop will not require the constrUction of the road improvements along Crowder Drive.
In conjunction with any additional development or redevelopment on the property, the
additional pavement and curb and gutter improvements will be required. At time of site
plan review, spec2fic recommendations will be provided regarding internal circulation.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Midl0thian Area Community. Plan which suggests the
request property is appropriate for village shopping district uses.
4
98SN0206/MAY27W
Area Development Trends:
Properties along Crowder Drive are characterized by a mix of office, commercial and
residential land uses within the Village of Midlothian. As noted her~in, the Plan suggests
properties along Crowder Drive are appropriate for village shopping district uses, to
include a mix of office, service and commercial uses. It is anticipated that commercial
development will continue along Crowder Drive, in accordance with the Plan
recommendation.
Zoning History:
On August 26, 1987, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved a Conditional Use Planned Development to permit an
office complex on the request property (Case 87S092). With the approval of this request,
conditions were imposed to address concerns relatiVe to site layout, phasing of parking
improvements, architectural treatment, buffering and landscaping, use of public water,
drainage and road improvements, signs and setbacks.
On March 22, 1989, the Board of Supervisors approved an amendment to Case 87S092 to
permit a limited number of light commercial uses in addition to office uses.
Site Design:
The request property is occupied by a single family residence that has been converted to
office/commercial use, with access to Crowder Drive. The request property lies within
the Midlothian Village Core. In addition, with the approval of Cases 87S092 and
89SN0139, conditions were imposed to address improvements for office and commercial
development on the request property. New construction or redevelopment of the site, or
further use of the property for any permitted use, including any permitted pet shop or pet
grooming use, must conform to the requirements of the Zoning Ordinance and
Development Standards Manual, as well as conditions of zoning approval. These
requirements address access, parking, landscaping, architectural treatment, setbacks, signs,
buffers, utilities, lighting and screening of dumpsters and loading areas.
It should be noted that conditions of zoning approval allowed exceptions to parking and
paving requirements for five (5) years from the date of zoning approval for Case
89SN0139, with a provision to extend this time period for five (5) additional years if no
additional office or commercial space had been deVeloped on the property. These
exceptions were subsequently granted and will expire on March 22, 1999. At that time,
any use on the property must be brought into compliance with the parking and paving
requirements of the approved conditions of zoning. In addition, conditions of zoning
approval would require that concrete curb and gutter be installed around the perimeter of
all paved driveways and parking areas.
5 98SN0206/MAY27W
It should be noted that further office/commercial use of the existing residence must be
approved by the Building Inspection Department.
Architectural Treatment:
Within the Midlothian Village Core, no building exterior (whether front, side or rear) may
consist of architectural materials inferior in quality, appearance, or detail to any other
exterior of the same building. Nothing would preclude the use of different materials on
different building exteriors (which would be accePtable if representative of good
architectural design) but rather, preclude the use of inferior materials on sides which face
adjoining property and thus might adversely impact existing or future development causing
a substantial depreciation of property values. No pOrtions of a building constructed of
unadorned cinder block or corrugated and/or sheet metal may be visible from any adjoining
residential district or any public right-of-way. 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. FUrther, bUildings must be designed to impart
harmonious proportions and to avoid monotonous facades or large bulky masses.
Buildings must possess architectural variety, but be Compatible with existing structures,
especially nearby structures of high historic intereSt. New or remodeled buildings must
enhance an overall cohesive village character as reflected in existing structures. This
character must be achieved through the use of design elementS'-including, but not limited
to, materials, balconies and/or terraces, articulation of doors and windows, sculptural or
textural relief of facades, architectural ornamentatiOn, varied roof lines, or other
appurtenances such as lighting fixtures and/or planting. Redevelopment of the site or new
construction must conform to these standards.
Buffers & Screening:
The Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters, garbage
cans, trash compactors, etc.) be screened from vie~ of adjacent property and public rights
of way by a solid fence, wall, dense evergreen Plantings or architectural feature, be
separated from any residentially zoned property or any property being used for residential
purposes by the principal building, and that such area Within 1,000 feet of any residentially
zoned property or property used for residential purpOses not be serviced between the hours
of 9:00 p.m. and 6:00 a.m. In addition, sites must be designed and buildings oriented so
that loading areas are screened from any property where loading areas are prohibited and
from public rights of way.
Conditions of zoning approval of Case 87S092 require screening of parking areas from
adjacent properties to the north and east. This requirement must be met for the intended
use as well as any other permitted use. Plans for thiS screening must be submitted to the
Planning Department for review a_nd approval. The screening must be accomplished prior
to operating the intended use or any other permitted Use,
98SN0206/MAY27W
Conditions of zoning approval for Case 87S092 require a minimum ten (10) foot buffer
along the northern and eastern boundaries of the request site. Within this buffer, evergreen
trees and/or fencing must be provided to screen the use from adjacent properties. A plan
depicting this requirement must be submitted to-the Planning Commission for review and
approval with any further office or commercial uses of the property.
CONCLUSIONS
The proposed amendment conforms to the Midlothian Area Communi .ty Plan which suggests the
request property is appropriate for village shopping district uses, and to commercial development
trends along Crowder Drive, in the Village of Midlothian. In addition, conditions of zoning
approval for Case 89SN0139 and 87S092, together with the requirements of the Zoning Ordinance
and Development Standards Manual, ensure compatibility with area residential uses.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (4/21/98):
The applicant submitted the proffered condition and accepted the recommendation. There
was no oppositior, present.
On motion of Mr. Shewmake, seconded by Mr. Marsh, the Commission recommended
approval of this request subject to the condition and acceptance of the proffered condition
on page 2.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, May 27, 1998, beginning at 7:00 p.m., will take under
consideration this request.
7 98SN0206/MAY27W
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APPROVED MASTER PLAN
98SN0206
In Midlothian Magisterial District, MARY KATHERINE NELSON
requested amendment to Conditional Use Planned Development
(Case 89SN0139) and amendment of zoning district map to
permit pet shop and grooming uses in a Residential (R-7)
District. The density of such amendment will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
village shopping district use. This request lies on 0.7 acre
known as 1201 Crowder Drive. GPIN 729-708-4468 (Sheet 7) .
Mr. Jacobson presented a summary of Case 98SN0206 and stated
that the Planning Commission and staff recommend approval,
subject to one condition and acceptance of one proffered
condition. He noted that the request conforms to the
Midlothian Area Community Plan.
Ms. Mary Katherine Nelson stated that the recommendation is
acceptable.
There was no opposition present.
After brief discussion, on motion of Mr. Barber, seconded by
Mr. McHale, the Board approved Case 98SN0206, subject to the
following condition:
The following additional uses shall be permitted:
1. Pet shop
2. Pet grooming.
(Note: These uses are in addition to the uses permitted
with the approval of Case 89SN0139.)
And, further, the Board accepted the following proffered
condition:
There shall be no dogs permitted on the property.
Ayes:
Nays:
Humphrey, Warren, Barber, Daniel, and McHale.
None.
5/27/98 98-366