08SN0196
April 15, 2008 CPC
May 28, 2008 BS
STAFF’S
REQUEST ANALYSIS
AND
RECOMMENDATION
08SN0196
Mi Hacienda, LLC
Midlothian Magisterial District
North line of Midlothian Turnpike
REQUEST:Rezoning from Residential (R-7) to Corporate Office (O-2) with Conditional Use to
permit restaurant use.
PROPOSED LAND USE:
Office and restaurant uses are planned.
PLANNING COMMISSION RECOMENDATION
Recommend approval and acceptance of the proffered conditions on pages 2 through 4.
STAFF RECOMMENDATION
Recommend approval forthe following reasons:
A.The proposed zoning and office uses conform to the Midlothian Area Community
Plan which suggests the property is appropriate for office, higher density
residential, community facility and personal service uses as part of a Village
Fringe area. Further, the proposed restaurant use, as limited by proffered
conditions, fits within the framework of the Plan, providing appropriate transition
to area residential development.
B.The proposed zoning and land uses are representative of, and compatible with,
existing and anticipated area development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
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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 CONDITIONSRECOMMENDED BY THE PLANNING
COMMISSION.)
PROFFERED CONDITIONS
The property owner/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/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.
(STAFF/CPC)1.Fence. A decorative metal fence shall be constructed along
Midlothian Turnpike exclusive of the entranceway. The design of
such fence shall be substantially similar to that which is required
for Tax ID 732-707-0433 (First Citizens Bank) by conditions of
Case 07SN0232. (P)
(STAFF/CPC)2.Architecture. The architectural treatment of buildings constructed
on the Property shall be consistent with American Colonial
Architecture as defined by the Sycamore Square development. (P)
(STAFF/CPC)3.Sidewalk. In conjunction with the 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
improvements. 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 the
curb to the sidewalk. (P)
(STAFF/CPC)4.Access to Route 60. Direct vehicular access from the property to
Route 60 shall be limited to one (1) entrance/exit. The access shall
generally be located along the western 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 properties to the east, west and north. (T)
(STAFF/CPC)5.Dedication. Prior to any site plan approval, forty-five (45) feet of
right-of-way on the north side of Midlothian Turnpike (Route 60),
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measured from the centerline of that part of Route 60 immediately
adjacent to the property, shall be dedicated free and unrestricted to
and for the benefit of Chesterfield County. (T)
(STAFF/CPC)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 of disapproval of the
plan. The developer shall provide a copy of the notification
letter(s) to the Planning Department. (P)
(STAFF/CPC)7.Street Lights. The developer shall be responsible for the
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 eighty (80) feet on center. All on-site freestanding
street light fixtures shall be compatible with the aforementioned
street lights. (P)
(STAFF/CPC)8.Utilities. The public waste water system shall be used. (U)
(STAFF/CPC)9.Timbering. Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead or
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 installed. (EE)
(STAFF/CPC)10.Uses. Uses shall be limited to those uses permitted by right or with
restrictions in the Corporate Office (O-2) district plus restaurant
use, excluding carry out or fast food restaurants. (P)
(STAFF/CPC)11.Hours of Operation. Restaurant uses shall not be open to the public
between 11 p.m. and 6 a.m. (P)
(STAFF/CPC)12.RoadImprovements. Prior to the issuance of an occupancy permit,
the developer/owner shall extend the raised concrete median along
Midlothian Turnpike (Route 60) to the Village Mill Drive /
Jefferson Green Circle / Route 60 intersection. The exact design
and length of this median extension shall be approved by the
Transportation Department. (T)
(STAFF/CPC)13.VehicularLights. The development shall be designed so as to
minimize vehicular headlights from shining into adjacent
residential properties to the north. The exact treatment shall be
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approved by the Planning Department in conjunction with site plan
review. (P)
(STAFF/CPC)14.RestaurantUses. No building housing or restaurant use shall be
located within 400 feet of the northern property boundary. (P)
GENERAL INFORMATION
Location:
North line of Midlothian Turnpike, east of Winterfield Lane. Tax IDs 727-708-5178 and
6155.
Existing Zoning:
R-7
Size:
2.6 acres
Existing Land Use:
Single family residential
Adjacent Zoning and Land Use:
North – R-7; Single family residential
South – C-3; Commercial
East - R-7; Vacant
West - C-2 and R-7; Commercial and 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 within an easement across the request site. Use of the public water
system is required by county code.
Public Wastewater System:
There is an existing eight (8) inch wastewater collector line in Midlothian Village, south
of Midlothian Turnpike, approximately 600 feet southeast of the request site. In addition,
the public wastewater system was recently extended to serve the Jefferson Green
development. This eight (8) inch wastewater line is approximately 600 feet east of the
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request site. Due to topographical conditions, this line is not deep enough to serve this
site. An extension from the existing line south of Midlothian Turnpike will be needed to
provide public wastewater service. The applicant has proffered to use the public
wastewater system. (Proffered Condition 8)
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to Midlothian Turnpike then via storm sewers to Falling Creek.
There are no current on- or off-site drainage or erosion problems and none are anticipated
after development.
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 ensure
that adequate erosion control measures are in place prior to any land disturbance. (Proffered
Condition 9)
PUBLIC FACILITIES
Fire Service:
The Midlothian Fire Station 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 2.6 acres located east of the Midlothian Turnpike
(Route 60) and Charter Colony Parkway intersection. The applicant is requesting a
rezoning from Residential (R-7) to Corporate Office (O-2) with Conditional Use to
permit restaurant use.
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 10,000 square foot medical-dental
office and two (2) high-turnover sit down restaurants, development could generate
approximately 1,300 average daily trips (ADT). The applicant has excluded carry-out
and fast-food restaurants (Proffered Condition 10). Traffic generated by this
development will be distributed along Route 60. Route 60 had a 2006 traffic count of
32,907 vehicles per day 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.
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The Thoroughfare Plan identifies Route 60 as a major arterial with a recommended right-
of-way of ninety (90) feet. Forty-five (45) feet of right-of-way, measured from the
centerline of Midlothian Turnpike, should be dedicated in accordance with that Plan. The
applicant has proffered to provide right-of-way dedication in accordance with the
Thoroughfare Plan. (Proffered Condition 5)
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 properties to the east, west,
and north. (Proffered Condition 4)
The traffic impact of this development must be addressed. Currently, there is a no u-turn
restriction at the end of the raised median along eastbound Route 60. With this
restriction, users accessing the proposed development will need to travel beyond the
median to make a permitted u-turn along Route 60. This will require users to u-turn at
the Jefferson Green Circle/Village Mill Drive/Route 60 intersection. To improve safety,
the applicant has proffered to provide an extension of the raised median to the Jefferson
Green Circle/Route 60 intersection (Proffered Condition 12). With the raised median in
the current configuration, VDOT is unwilling to remove the no u-turn restriction. If the
raised median was extended, VDOT has indicated a willingness to review the removal of
the restriction based on appropriate standards.
Staff has not suggested the applicant provide any road improvements that would result in
widening Route 60 in this area because this would 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.”
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 circulation.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the MidlothianAreaCommunityPlan which suggests the
property is appropriate for office,higher density residential, community facility and
personal service as part of the Village Fringe Area. The Plan also suggests that
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development should provide for protection of, and transition to, established residential
development located in the Westfield Road area.
Area Development Trends:
Adjacent properties to the north and northwestare zoned Residential (R-7) and are occupied
by single family residences. Properties to the east are also zoned R-7 with a pending zoning
application on one of these parcels for non-residential uses (08SN0106). Property to the
west is zoned Neighborhood Business (C-2) and was recently occupied by a beauty/barber
shop. Property to the south is zoned Community Business (C-3) as part of the Midlothian
Village commercial/office park. It is anticipated that future retail activities will be
concentrated within the Village Shopping District and Village Square to the east, with office
and higher density residential west of this service core providing transition to neighboring
residential developments located north and south of the Corridor, as suggested by the Plan.
Development Standards:
The request property lies within the Midlothian Village Fringe area of the Midlothian
Village District.The purpose of the Village District standards is to recognize unique
villages within the County and to maintain and reinforce the character, identity and
pedestrian scale by continuing and enhancing existing patterns of development.
Development of the site must conform to therequirements of the Zoning Ordinance which
address street lights, street tree plantings, access, parking landscaping, architectural
treatment, setbacks, signs, buffers, utilities and screening of dumpsters and loading areas.
Uses and Hours of Operation:
With approval of this request, all uses permitted by right or with restrictions in the Corporate
Office (O-2) District would be permitted plus the restaurant use, excluding carry out or fast
food restaurants. (Proffered Condition 10)
At the request of the Midlothian District Commissioner and area property owners, proffers
require that any building housing a restaurant useto be located no closerthan 400 feet to the
northern property boundary to provide transition to the adjoining residentially zoned
development along Westfield Road. It should be noted that this setback limitation would
permit parking associated with restaurant use to be located within this 400 foot setback.
Further, proffered conditions limit hours of operation for restaurant uses. (Proffered
Conditions 11 and 14)
Sidewalks; Fencing; Lighting; and Architecture:
The applicant has proffered conditions relative to the installation of sidewalks and a
decorative fence along Midlothian Turnpike,decorative street lights and architectural
treatment. (Proffered Conditions 1, 2, 3 and 7)
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Vehicular Lights:
In response to concerns expressed by arearesidents, Proffered Condition 13 requires a
development design that will minimize the view of vehicular headlights from adjacent
residential properties to the north.
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 filewith 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.
CONCLUSION
The proposed zoning and land uses conform to theMidlothianAreaCommunityPlan which
suggests the property is appropriate for office, higher density residential, community facility and
personal service uses as part of a Village FringeArea. Further, the proposed restaurant use, as
limited by proffered conditions, fits within the framework of the Plan and provides appropriate
transition to area residential development, as suggested by the Plan. As such, the proposed
zoning and land uses are representative of, and compatible with, existing and anticipated area
development.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Applicant (4/15/08):
The applicant, in an attempt to address concerns of area residents submitted a revision to
Proffered Condition 11 limiting the hours of operation for all uses.
Planning Commission (4/15/08):
The applicant accepted the recommendation. There was one person present expressing
concerns regarding the late submission of the revised proffered condition and the fact that
the application fails to include an adjacent parcel.
In response to Mr. Waller’s concerns regarding the late submission of the revised proffer,
the applicant withdrew the proffer.
On motion of Mr. Waller, seconded by Mr. Hassen, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 through 4.
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AYES: Messrs. Gulley, Bass, Brown, Hassen and Waller.
The Board of Supervisors, on Wednesday, May 28, 2008, beginning at 6:30 p.m., will take under
consideration this request.
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