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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
08SN0106
(AMENDED)
Hamill M. Ghorashi
and
Dianna M. Waters
Midlothian Magisterial District
North line of Midlothian Turnpike
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May 28, 2008 BS
RE VEST: Rezoning from Residential (R-7) to Corporate Office (0-2) plus Conditional Use
Planned Development to permit exceptions to Ordinance requirements.
PROPOSED LAND USE:
Office uses are planned. Exceptions are requested to permit the retail sale of artwork
and to reduce the required side yard setbacks for buildings, parking and driveways
from thirty (30) to ten (10) feet.
PLANNING COMMISSION RECOMMENDATION
Recommend approval and acceptance of the proffered conditions on pages 2 through 4.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land uses conform to the Midlothian Area Community Plan
which suggests the property is appropriate for office, higher density residential,
community facility and personal services. Further, the proposed retail use, as limited
by proffered conditions, fits within the framework of the Plan, providing appropriate
transition to area residential development.
Providing a FIRST CHOICE community through excellence in public service
B. The proposed setback reductions are appropriate given the anticipated non-residential
development on adj acent properties.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) 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
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 Property, the
developer shall construct a side walk 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. (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 be located along 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
2 08SN0106-MAY28-BOS-RPT
property to provide shared use of this access with adjacent
properties to the east and west. (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)
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 or 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 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)
(STAFF/CPC) 8. Utilities. The public wastewater system shall be utilized. (U)
(STAFF/CPC) 9. Timberin . Except for the 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 have been
installed. (EE)
(STAFF/CPC) 10. Master Plan: The Textual Statement dated February 1, 2008 shall
be considered the Master Plan. (P)
(STAFF/CPC) 11. Road Improvements. Prior to 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) 12. Vehicular Lights. The development shall be designed so as to
minimize vehicular headlights from shining into adjacent
3 08SN0106-MAY28-BOS-RPT
residential properties to the north. The exact treatment shall be
approved by the Planning Department in conjunction with site plan
review. (P)
GENERAL INFORMATION
T ,n~ati nn
North line of Midlothian Turnpike, west of Village Mill Drive. Tax ID 727-708-7371.
Existing Zoning:
R-7
Size:
1.3 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North, East and West- R-7; Single family residential
South - C-3; Commercial
T TTTT TTTF C
Public Water System:
There is an existing sixteen (16) inch water line extending along the north side of
Midlothian Turnpike within an easement across the request site. The public water system is
available to serve this 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 recently installed with the
Jefferson Green development that terminates approximately 465 feet east of this site. Use of
the public wastewater system is intended. (Proffered Condition 8)
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the southeast to Route 60 and then via storm sewers to
4 08SN0106-MAY28-BOS-RPT
tributaries of Falling Creek. There are currently no on- or off site drainage or erosion
problems and none are anticipated after development.
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 fire and EMS.
Transportation:
The subject property is approximately 1.3 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 (0-2).
This request will not limit development to a specific land use; therefore it is difficult to
anticipate traffic generation. Based on trip rates for amedical-dental office, development
could generate approximately 440 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 vehicles per day between VVinterfield 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.
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 and
west. (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 CirclelVillage Mill DrivelRoute 60 intersection. To improve safety,
the applicant has proffered to provide an extension of the raised median to the Jefferson
Green CirclelRoute 60 intersection (Proffered Condition 11). With the raised median in
the current configuration, VDOT is unwilling to remove the no u-turn restriction. If the
5 08SN0106-MAY28-BOS-RPT
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 because widening
Route 60 in this area conflicts with the spirit and intent of the Midlothian Area
Community Plan. The Midlothian Area Community 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 the time of site plan review, specific recommendations will be provided regarding
access and internal circulation.
T,ANT~ TIFF.
Comprehensive Plan:
Lies within the boundaries of 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.
Area Development Trends:
Adjacent properties to the north and east are zoned Residential (R-7) and are occupied by
single family residences or are currently vacant. Properties to the west are also zoned R-7
with a pending zoning application on two (2) of these parcels for non-residential uses
(08SN0196). 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.
Uses:
With approval of this request, all uses permitted by right or with restrictions in the
Corporate Office (0-2) District would be permitted plus the retail sale of artwork
(Textual Statement).
6 08SN0106-MAY28-BOS-RPT
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)
In response to concerns expressed by area residents, Proffered Condition 12 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 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.
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 the requirements 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.
With the Midlothian Village Fringe area, the Ordinance requires that buildings, parking and
driveways maintain a minimum side yard setback of thirty (30) from adjacent residentially
zoned properties, with the installation of perimeter landscaping. This setback may be
reduced to ten (10) feet when adjacent to commercial, office or industrial districts. The
applicant has requested an exception to reduce this side yard setback from neighboring
residentially zoned properties consistent with the ten (10) feet required when adjacent to
non-residential districts (Textual Statement). As previously noted, there is a pending zoning
application affecting two (2) adjacent residentially-zoned parcels to the west for non-
residentialuses (Case 08SN0196). In addition, it is unlikely that the adjacent property to the
east will retain its residential zoning long-term, given the non-residential development
pattern along this section of Route 60. As such, staff supports this requested setback
exception.
CONCLUSION
The proposed zoning and land uses conform to the Midlothian Area Community which
suggests the property is appropriate for office, higher density residential, community facility and
personal service uses as part of a Village Fringe Area. As proffered, the proposed retail use fits
within the framework of the Plan, providing appropriate transition to area residential
7 08SN0106-MAY28-BOS-RPT
development. Further, the proposed setback reductions are appropriate given the anticipated non-
residential development on the adjacent properties.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (9/18/07):
At the request of the applicant, the Commission deferred this case to their November 20,
2007 meeting to allow time to meet with area citizens.
Staff (9/ 19/07)
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than September 24, 2007 for consideration at the
Commission's November, 2007 public hearing. In addition, the applicant was advised
that a $130.00 deferral fee must be paid prior to the Commission's public hearing.
Applicant (9/24/07):
The deferral fee was paid.
Staff (10/26/07):
To date, no new information has been submitted
Planning Commission Meeting (11/26/07):
At the request of the applicant, the Commission deferred this case to their January 15,
2008 meeting.
Staff (11 /21 /07)
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than November 26, 2007 for consideration at the
Commission's January 15, 2008 public hearing. In addition, the applicant was advised
that a $130.00 deferral fee must be paid prior to the Commission's public hearing.
8 08SN0106-MAY28-BOS-RPT
Applicant (11/30/07):
The deferral fee was paid
Applicant (12/7/07 and 12/14/07):
Draft proffered conditions were submitted.
Applicant, Village of Midlothian Volunteer Coalition, Staff and Midlothian District
Commissioner (1/2/08):
A meeting was held to discuss the case. Concerns included architectural treatment;
fencing and sidewalks along Route 60; commercial uses; and lack of development
coordinating with adjacent properties.
The applicant agreed to address architecture, fencing, sidewalks and commercial use
limitations, as well as to meet with adjoining land owners regarding the prospect of
aggregating developments.
Planning Commission Meeting (1/15/08):
At the request of the applicant, the Commission deferred this case to their March 18,
2008 meeting.
Staff (1/16/08):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than January 21, 2008 for consideration at the Commission's
March 18, 2008 public hearing. In addition, the applicant was advised that a $130.00
deferral fee must be paid prior to the Commission's public hearing.
Applicant (2/l/08):
The application was amended. New proffered conditions and textual statement were
submitted.
Applicant, Adjacent Property Owners, Staff and Midlothian District Commissioner (2/27/08):
A meeting was held to discuss this case and an adjacent pending zoning case to the west
(Case 08SN0196). Issues discussed included transportation-related concerns relative to
9 08SN0106-MAY28-BOS-RPT
access limitations and turning movements along Route 60. It was generally agreed that
proffered conditions would be revised to establish shared access with the adjacent
property to the east and to extend the concrete median east along Route 60 to facilitate
safer turning movements for eastbound traffic accessing the site. It was also agreed that
this case should be considered in tandem with the adjacent pending case and that a
community meeting would be scheduled to discuss both cases.
Applicant (3/4/08):
To date, no new information has been received nor has the deferral fee been paid.
Area Residents, Applicant, Staff and Midlothian District Commissioner (3/12/08):
A meeting was held to discuss this case and an adjacent pending case to the west
(08SN0196). Discussion focused on architectural treatment; project access; sidewalks;
lighting; fencing; and protection of adjacent residential development to north. Concerns
were expressed relative to lack of provision for reduced building setbacks along Route 60
consistent with Village Core standards; architectural approval by the Commission; and
treatment of cross access easements as secondary streets.
It was generally agreed that this case should be deferred to the Commission's April 15,
2008 public hearing to be considered in tandem with the adjacent pending zoning request.
Applicant (3/18/08):
The deferral fee was paid. New and amended proffered conditions were submitted.
Planning Commission Meeting (3/18/08):
On their own motion, the Commission deferred this case to April 15, 2008.
Staff (3/21/08):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than March 26, 2008 for consideration at the Commission's
April 15, 2008 public hearing.
Applicant (3/24/08 and 3/25/08):
New and revised proffered conditions were submitted.
10 08SN0106-MAY28-BOS-RPT
Planning Commission Meeting (4/15/08):
The applicant accepted the recommendation. There was support present.
On motion of Mr. Waller, seconded by Dr. Brown, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 through 4.
AYES: Messrs. Gulley, Bass, Brown, Hassen and Waller.
The Board of Supervisors, on Wednesday, May28, 2008, beginning at 6:30 p.m., will take under
consideration this request.
11 08SN0106-MAY28-BOS-RPT
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