02SN0187-April24.pdf~"~' ~ n 29~'~ CPC
April 24, 2002 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
02SN0187
Venture Construction Company
Midlothian Magisterial.District
East line of Le Gordon Drive
REQUEST: Rezoning from Residential (R-7) to Community.Business (C-3).
PROPOSED LAND USE:
A contractor's office and display room and Corporate.Office (O-2) uses are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ;ON
PAGES 2 AND 3.
AYES: MESSRS. LITTON, GECKER, CUNNINGHAM AND GULLEY.
ABSENT: MR. MARSH.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
The Midlothian Area COmmunity Plan suggests the request property is appropriate
for mixed-use development inclUding primarily office, multi-family housing and.
personal service uses which are Compatible :with- surrounding neighborhoods." A
proffered condition limits the uses permitted, toCorpOrate Office (0-2) uses PlUs a
contractor's office and display room with' no'oUtside storage. As proffered,' the
contractor's office should be no more intense than.other-permitted office uses.
Providing a FIRST CHOICE Community Through:Excellence in Public Service.
Existing development standards and proffered conditions further ensure land use
compatibility with existing and anticipated area development.
(NOTE:
THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER
CONDITION. THE PROPERTY OWNER(S) MAY .PROFFER OTHER
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.
The uses permitted shall be limited to those uses permitted by fight or with
restrictions in the Corporate Office (0-2) district plus a contractor's office
and display room. No use shall be open to the public between the hours of
9:00 p.m. and 6:00 a.m. (NOTE: this shall not preclude employees from
doing office work during other hours.) (P)
STAFF/CPC 2. There shall be no outside storage. (P)
STAFF/CPC 3.
With the exception of timbering which has been approved by the Virginia.
State Department of Forestry for the' purpose :of removing dead or diseased
trees, there shall be no timbering until a land disturbance permit has been
obtained from the Environmental Engineering Department and the approved
devices have been'installed. (EE)
STAFF/CPC 4.
In addition to the landscape requirements along LeGordon Drive,' specific
measures shall be provided to mitigate the impact .of deVelopment on this
neighborhood access road. These measures, include; but not necessarily be
limited to, additional landscaping, architectural treatment, fences, walls,
hedges; berms, etc. The exact trea~rnent shall be approved at the time of Site
plan review. (P)
STAFF/CPC 5.
Direct access from the property to Le Gordon Drive shall be limited to two
(2) entrances/exits. One (1) shall generally be located towards the'northern
property line, and the other access shall generally be located towards the
southern prOperty line. The exact` lOcatiOn of these accesses shall be
approved by the Transportation Department.( prior to any final site plan
approval, an access easement, acceptable to the Transportation Department,
shall be recorded across the property to provide shared use of the
northernmost access with the adjacent property to the.north. (T)
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STAFF/CPC 6.
STAFF/CPC 7.
STAFF/CPC 8.
STAFF/CPC 9.
Prior to any final site plan approval, thirty (30) feet of right-of-way on the
east side of Le Gordon Drive, measured from the centerline of that part of Le
Gordon Drive immediately adjacent to the property, shall be dedicated, free
and unrestricted, to and for the benefit of Chesterfield County. (T)
Prior to the issuance of an occupancy permit, an additional lane of pavement
shall be constructed along the east side of Le Gordon Drive for the property
included in this request. The developer shall dedicate to Chesterfield County,
free and unrestricted, any additional right-of-way (or easements) required for
this road improvement. (T)
Buildings shall be colonial in design and constmcted primarily of brick
veneer. The brick color shall be generally of a red tone compatible with the
development located at the southwest quadrant of Midlothian Turnpike and
LeGordon Drive. Elements such as trim shall be neutral in color and shall be
colonial in design. Buildings shall have' pitched roofs with .either
architectural dimensional shingles or fanx slate. (P)
Developmem shall be designed to store a ten (10) year post developmem
storm and release a ten (10) year pre:developmem storm. (EE)
GENERAL INFORMATION
Location:
East line of Le Gordon Drive, south of Midlothian Turnpike. Tax ID 725-708-Part of 9743
(Sheet 5).
Existing Zoning:
R-7
Size:
2.1 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North
South
East
West
- R-7; Vacant
- C-3 with Conditional Use Planned Development; Vacant
- C-3 with Conditional Use Planned Development; Vacant
- C-3 with Conditional Use Planned Development and 0.2; Commercial or vacant
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UTILITIES
Public Water System:
There is an existing twelve (12) inch water line extending along the west side of Le Gordon
Drive adjacent to the request site. Use of public water is required by County Code. .
Wastewater System:
There is an existing twelve (12) inch wastewater trunk line extending alOng Le Gordon
Drive, adjacent to the request site. Use of public wastewater is required by County Code.
ENVIRONMENTAL
Drainage and Erosion:
The property drains west under Le Gordon Drive, northUnder Route 60 and the railroad track
and then via tributaries to Micheaux Creek. The majority of the property is wooded and, as
such should not be timbered without first obtaining a'.land' disturbance permit and the
approved devices have been installed. This will insure that adequate erosion control measures
are in place prior to any land disturbance. (Proffered ConditiOn 3)
There are no existing on- or off-site erosion problems and none are anticipated after
development. The existing box culvert under Route 60 that drains the shopping center tothe
west, the subject property and adjacent parcels to the south is adequate. All surrOunding
development that drains through the box culvert, retains water 'by- storing a 1 O-year post
development storm and releasing a 10-year pre-deVelopment. This is necessary to keep
Route 60 from flooding once the area is entirely developed. (Proffered Condition 9)
PUBLIC FACILITIES
Fire Service:
The Midlothian Fire Station, Company Number 5 and-Forest View Volunteer Rescue Squad
currently provide fire protection and emergency medical service.. This develoPment 'will
haVe a minimal impact on fire and emergency medical.service. 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.
Transportation:
This request will not limit development to a specific land use; therefore, it is difficult to
anticipate traffic generation. Based on ,general office trip rates, development could generate
approximately 480 average daily trips. These vehicles will be distributed, via Lo Gordon
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Drive, to Midlothian Turnpike (Route 60) and Charter Colony Parkway, which had 1999
traffic counts of 47,772 and 8,708 vehicles per day, respectively.
Development must adhere to the Development Standards Manual in the Zoning Ordinance,
relative to access and internal circulation (DiviSion 5). The traffic impact, of this
development must be addressed. The applicant has proffered to: 1) dedicate thirty (30) feet
of right-of-way from the centerline of Le Gordon Drive-in accordance with the Zoning
Ordinance (Proffered Condition 6); and 2) limit direct access from the property to Le Gordon
Drive to two (2) entrances/exits (Proffered Condition 5). One (1) of these accesses will be
located towards the southern property line. The other access will be 'located towards the
northern property line, and will align the existing access that.serves the adjacent shoPping-
center to the west. The proffer requires this northernmost access to be shared with .the
adjacent parcel to the north.
An ultimate four (4) lane undivided typical section is planned for Le Gordon Drive. In
addressing the traffic imPact of this proposed development;the applicant has also proffered
to provide an additional lane of pavement along Le Gordon:Drive for the entire property
frOntage. (Proffered Condition 7)
At time of site plan review, specific recommendations wiltbe provided regarding access
and internal site'circulation.
LAND USE
Comprehensive Plan:
The Midlothian Area COmmunity Plan suggests the request property is appropriate-for
mixed,use development including-primarily:office, multi-family-housing and personal
service uses which are compatible with surrounding neighborhoods. A condition has been
proffered which limits the uses permitted to Corporate Office (O-2) USes plus a contractor's
office and display room with' no outside storage.: (Proffered.Conditions 1 and 2)
Area Development Trends:
Properties abutting the subject property to the south and west are zoned Community Business
(C-3) as part ora larger mixed-use planned development. The proPerty to the north is zoned
Residential (R-7) and is vacant. Properties to the west, across Le Gordon Drive, are zoned
Community Business (C-3) and Corporate Office (O-2) and are used for a community
shopping center or are vacant. It is anticipated that a mix ofoffice, multi-family and personal
services uses will continue in this area.
Use Limitations:
As previously noted, the request property is located within a Village Fringe Area of thc
Midlothian Area Community Plan. The Plan suggests "Village Fringe" areas are appropriate
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for mixed use development which will provide an adequate transition between surrounding
neighborhoods and commercial uses in the Midlothian Village core. The Plan suggests such
uses include primarily office, multi-unit housing, community facilities and personal services
uses. To ensure the land use provides an appropriate transition, the applicant has proffered to
limit uses on the property to those permitted in the Corporate Office (0-2) District and
contractor's office and display room with on no outside storage. (Proffered Conditions 1 and
2)
Contractor's offices and display rooms are typically considered commercial uses more
appropriate for areas zoned Community Business (C-3) generally because of associated
outside accessory uses and storage areas. In order to insure the proposed contractor's office
is compatible with office uses suggested in the Plan, the applicant has proffered that no
outside storage areas will be permitted. (Proffered Condition 2)
In response to citizens' concerns regarding the intensity of proposed uses, the applicant
included a limitation on the permitted hours of operation. (proffered Condition 1)
Development Standards:
The request property lies within the Midlothian Village Fringe Area. The Village District
Standards are intended to maintain and reinforce-the character, identity and pedestrian scale
of the Midlothian Village by continuing and enhancing existing patterns of development:
The Zoning Ordinance specifically addresses setbacks, parking;landscaping and architectural-'
treatment for developments within these village areas, Where. not addressed in the Village
District Standards, aspects of the site development such as'aceess, buffers and screening will
be addressed by the Emerging Growth DistrictStandards and County-wide Development
Standards which promote high quality, well-designedprojects.
Le Gordon Drive serves as a "neighborhood" access road for homes south of the request
property. To address concerns relative to the impact this development may have onthis
"neighborhood" access road, a proffered eondition.w0~drequire, in addition to Ordin .a!!ce
requirements for landscaping along Le Gordon Drive; additional.landscaping, architectural
treatment,:fenees, walls, hedges, and berms (profferedCon~tion 4). This Proffer is similar tQ~
that accepted on the adjacent property to the: South~- which is part of the Charter Colony
Development. - .
Architectural Treatment:
The Ivymont Shopping Center is located across Le Gordon Drive west of the request-
property. The historic Ivymont structure on this adjagent Property was renovated for offices
in conjunction with the shopping Center develOpment, Quality 'building materials' and
architectural forms were used in the shopping center .to assure its compatibility with
buildings in the Midlothian Village District. To inSure the. propoSed development will be
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02SN0187-APR24'BOS
harmonious with the Ivymont development and the Village District, a proffered condition
requires colonial style, brick veneer buildings with brick color compatible with the Ivymont
Shopping Center and pitched roof and similar treatments which provide a pedestrian scale
residential character. (Proffered Condition 8)
CONCLUSIONS.
The Midlothian Area Community Plan suggests the request property is.appropriate for mixed-use
development including primarily office, multi-family housing and personal- service uses which are
compatible with surrounding neighborhoods~ A condition has been proffered which limits theuses
permitted to Corporate Office (0-2) uses and a contractor~s°ffice and display room which is a
Community Business (C-3) use. Asproffered, the contractor use willnot have the characteristics of
a commercial use because outside storage is prohibited. As pr6ffered, the use will provide an
appropriate transition between residential development' to the south .and commercial uses along
Midlothian Turnpike.
Existing development standards and proffered conditions ensure land use compatibility with existing
and anticipated area development and further will provide appropriate transitional uses.
Given the foregoing, approval of this request is recommended.
CASE HISTORY
Applicant (3/18/02):
In response to citizens' concerns, revisions to Proffered Conditions 1 and 8, as discussed.
herein, were submitted. ' ....
Planning Commission Meeting (3/19/02):
The applicant accepted staff's recommendation. There was no opposition present.
On motion of Mr. Gecker, seconded by Mr. Cunningham, the Commission recommended
approval of this request and acceptance of the proffered eonditiOnson pages 2 and 3.
AYES: Messrs. Litton, Gecker, Cunningham.and GUlley.
ABSENT: Mr. Marsh.
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The Board of Supervisors, On Wednesday, April 24, 2002, beginning at 7:00 p.m., will take under
consideration this request.
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LE GORDON DR