STAFF S REQUEST ANALYSIS AND RECOMMENDATION 13SN0508 (AMENDED) Whitco, LLC (Whitten Bros.)

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1 SE MNGE: yan amsey pril 16, 2013 P May 21, 2013 P P Time emaining: 100 days STFF S EQUEST NLYSIS ND EOMMENDTION 13SN0508 (MENDED) Whitco, LL (Whitten Bros.) lover Hill Magisterial District and Midlothian Turnpike EQUEST: mendment of conditional use planned development (ase 83SN0024) and amendment of zoning (ases 81SN0145 and 88SN0023) plus a conditional use planned development relative to buffers and setbacks in General Business (-5) and Light Industrial (I-1) Districts. POPOSED LND USE: ehicle display areas in conjunction with auto sales are proposed. ecommend denial for the following reasons: EOMMENDTION. The proposed location of vehicle display areas will undermine the purpose and performance of the existing buffer and setback areas in providing visual separation of uses from rights-of-way. B. The Ordinance provides reduced setbacks for buildings, drives and parking areas along this section of Midlothian Turnpike. Further setback reductions interrupt the anticipated development pattern along this portion of the orridor, and potentially set a precedent for future requests. (NOTE: ONDITIONS MY BE IMPOSED O THE POPETY OWNE MY POFFE ONDITIONS.) Providing a FIST HOIE community through excellence in public service

2 POFFEED ONDITIONS Location: 1. maximum of five (5) vehicle display pads shall be permitted along Midlothian Turnpike as generally shown on the exhibit titled Whitten Fiat and Jeep dditions, ehicle Display Pads onceptual Plan by E.D. Lewis & ssociates, P.., and dated November 12, 2012 and last revised on pril 23, No vehicle display pad shall be located closer than five (5) feet from the ultimate right of way of Midlothian Turnpike. detailed landscape plan consistent with the treatment depicted in the exhibit shall be submitted to the Planning Department for review and approval. This approved landscaping shall be installed in conjunction with development of the vehicle pad sites. (Note: This proffered condition modifies ondition 1 of ase 81SN0145, ondition 14 of case 83SN0024 and the sole condition in ase 88SN0023, respectively, relative to the inclusion of vehicle display pads within the buffers and setback areas required with these cases and the additional landscape treatment associated with these vehicle display pads. ll other provisions of these conditions shall remain in effect.) 2. ccess to and from the vehicle display areas shall be prohibited from Midlothian Turnpike (oute 60). (P) 3. Landscaping, as shown on the exhibit, shall be maintained in a healthy and thriving condition. No trees shall be pollarded. ny pollarded trees shall be replanted with the same tree variety with a minimum height of twelve (12) feet at time of planting. (P) GENEL INFOMTION The request properties are located on the south line of Midlothian Turnpike, west of Johnston Willis Drive and are better known as and Midlothian Turnpike. Tax IDs and Existing Zoning: Size: -5 and I-1 with onditional Use Planned Development 5 acres 2 13SN0508-MY21-P-PT

3 Existing Land Use: ommercial djacent Zoning and Land Use: North -3 with onditional Use Planned Development; ommercial and office uses South and East I-1 with onditional Use Planned Development; ommercial and office uses West -5 and -5 with onditional Use Planned Development; ommercial uses Public Water and Wastewater Systems: UTILITIES While installation of the proposed display pads will not require use of the public utility systems, the applicant is cautioned that the proposed display pads must not be placed so as to conflict with the existing public utility lines, or their easements, on this site. Drainage and Erosion: Fire Service: ENIONMENTL This request will have no impact on these facilities. PUBLI FILITIES The ourthouse Fire Station, ompany Number 20, and Forest iew olunteer escue Squad currently provide fire protection and emergency medical service (EMS). This request will have a minimal impact on Fire and EMS. ounty Department of Transportation: This request will have no impact on these facilities. irginia Department of Transportation (DOT): DOT requires that the proposed display pads be beyond the right-of-way line and beyond the clear zone established for this principle arterial with the speed limit as posted. 3 13SN0508-MY21-P-PT

4 LND USE omprehensive Plan: The omprehensive Plan designates the request property as ommunity Business. This designation suggests commercial uses that serve community-wide trade areas. rea Development Trends: The area is characterized by a mix of commercial uses. Properties to the north, east and west are zoned General Business (-5) and are developed for commercial or office uses. Properties to the south and are zoned ommunity Business (-3) and are developed for commercial uses. Zoning History: While numerous zoning cases affect the request properties, the cases identified herein are relative to setbacks and buffers along Midlothian Turnpike as the focus of the current request. On January 27, 1982 the Board of Supervisors, upon a favorable recommendation from the Planning ommission, approved rezoning of a 3.4 acre tract (including the western portion of request property, Tax ID (ttachment 1)) from gricultural () to General Business (B-3) (ase 81SN0145). fifty foot (50) buffer was established along Midlothian Turnpike that permitted a single access into the property as well as one freestanding sign. No other structures or facilities were permitted within this buffer. subsequent zoning request (ase 88SN0011) denied an amendment to conditional use planned development relative to deleting a berm requirement along Midlothian Turnpike and permitting vehicle display pads within the front parking setback along Midlothian Turnpike. On May 23, 1984 the Board of Supervisors, upon a favorable recommendation from the Planning ommission, approved rezoning of a acre tract (including the eastern portion of the request property, Tax ID (ttachment 1)) from gricultural () and General Business (B-3) to Light Industrial (M-1) with conditional use planned development to permit bulk exceptions (ase 83SN0024). mixed use development with office, commercial and light industrial uses was planned. In addition, a twenty-five (25) foot reduction to the required fifty (50) foot setback along Midlothian Turnpike was approved. Within this setback, a landscape plan depicting a required berm and landscaping was required to be reviewed and approved by the Planning ommission. subsequent zoning request (ase 88SN0011) denied an amendment to conditional use planned development relative to deleting a berm requirement along Midlothian Turnpike and permitting vehicle display pads within the front parking setback along Midlothian Turnpike. 4 13SN0508-MY21-P-PT

5 On pril 27, 1988 the Board of Supervisors, upon a favorable recommendation from the Planning ommission, approved an amendment to conditions of zoning relative to a buffer reduction along Midlothian Turnpike which included the western request property (Tax ID (ttachment 1), ases 79SN0209 and 80SN0050). twenty-five (25) foot buffer (with requisite landscaping and berm) was established along Midlothian Turnpike that permitted a single access into the property as well as one freestanding sign. No other structures or facilities were permitted within this buffer. (ase 88SN0023) Setbacks for ehicle Display reas: The request properties are located within a Post Development rea. The purpose of Post Development rea standards is to provide flexible design criteria, ensure continuity of development, promote improvement of established commercial areas and provide compatible relationships between adjacent buildings and projects. This area extends along Midlothian Turnpike from ichmond corporate limits to the centerline of lverser Drive, including all land within 1,500 feet of the centerline of Midlothian Turnpike. Setbacks for buildings, drives and parking areas along major arterials within Post Development reas are fifty (50) feet with landscaping. This setback can be reduced to twenty-five (25) feet with additional landscaping. These setbacks are significantly less than those required for properties along the western Midlothian Turnpike orridor (Emerging Growth rea), being seventy-five (75) feet with reductions to fifty (50) feet with additional landscaping. urrently, conditions of zoning on the request properties do not permit the display or parking of motor vehicles within the setback and buffer areas established along Midlothian Turnpike. These conditions have established a twenty-five (25) foot setback, a twenty-five (25) and fifty (50) foot buffer along the Midlothian Turnpike frontage (ttachment 1). The applicant proposed to construct the vehicle display areas within these existing setback and buffer areas, as close as five (5) feet from the right-of-way of Midlothian Turnpike. The vehicle display areas are proposed near the ultimate right-of-way line of Midlothian Turnpike. s shown on the exhibit titled Whitten Fiat and Jeep dditions, ehicle Display Pads onceptual Plan, two (2) vehicle display pads are proposed within the buffer along Midlothian Turnpike for the Whitten Fiat dealership (Tax ID ) and three (3) for the vehicle display pads on the Whitten Jeep dealership (Tax ID ). The applicant has proffered a condition that would limit the total number of vehicle display pads to five (5) (Proffered ondition 1). Proffered ondition 1 also requires Planning Department review and approval of a plan showing the layout, paving materials, landscaping and access to the display areas. ccess to and from the vehicle display areas would be prohibited from Midlothian Turnpike. (Proffered ondition 2) The Post Development rea setbacks afford display areas to be located half the separation distance from Midlothian Turnpike as business counterparts located along the western portions of this orridor. This flexibility is tempered with the goal of improving these established commercial areas by providing a visually cohesive environment among 5 13SN0508-MY21-P-PT

6 business developments. s such, staff cannot support the vehicle display setback encroachment. Landscaping and Materials for ehicle Display reas: The exhibit depicts new landscaping areas proposed by the applicant along Midlothian Turnpike and around the vehicle display areas. On the Whitten Fiat site, landscaped beds are proposed along the frontage of the property. On the Whitten Jeep site small flowering trees, low shrubs, perennials, and ornamental grasses are proposed. Low accent plantings (annuals) will be also planted to the front of each of vehicle display pad. The applicant has proffered to plant the new landscaping in tandem with the installation of the vehicle display pads (Proffered ondition 1). The applicant has provided two material options for the vehicle display areas on the exhibit. The first option is a paver and cast-in-place concrete vehicle display area, the second is made of concrete pavers only. ONLUSION The proposed location for vehicle display areas is contrary to the purpose and performance of the required buffer and setback areas along Midlothian Turnpike. By reducing these setbacks, the continuity of development achieved through this physical separation of improvements from the orridor would be compromised, potentially setting a precedent. Given these considerations, denial of this request is recommended. SE HISTOY pplicant: (4/11/13): The applicant amended the application. Planning ommission Meeting (4/16/13): On their own motion and with the applicant s consent, the ommission deferred this case to their May 21, 2013 public hearing. YES: Messrs. Brown, Wallin, Gulley and Waller. BSENT: Mr. Patton. 6 13SN0508-MY21-P-PT

7 Staff (4/17/13): The applicant was advised in writing that any significant, new or revised information should be submitted no later than pril 22, 2013 for consideration at the ommission s May 21, 2013 public hearing. Staff (5/7/13): evised proffered conditions were received. 7 13SN0508-MY21-P-PT

8 Z / D D OI N Z STUBIDGE O-1 Z KE E -15 T M NT U LN SOUTHPOT OFFIE ONDOS T D E 600 Feet SO UT H L T erial photos taken in 2009 L EL L LN 600 O O E N NG O Z S G O E F HIN TP LIS IL T D E MIDLOT W -5 HIN D EN I-1 13SN0508 MEND.U.P.D. S JMES D UP L -2 ON JOHN ST NTENTION Z -7 I-1 Z -TH I-1 H D Z Z E -5 KE T -5 LE M HL SO UT -5-3 H ME ES I-1 NT D IS D -5 TOU PO ONO -3 N TPKE I H T O L D Streams O-2 LN MI P ST U esidential STUBIDGE Office N WILL ST O Z Z Z -3 N O E O-2 N JOH D BL Industrial E IS E NT L L T E Z LN ommercial D E Z EL L gricultural O-2 G KO -3 E LE NT E EW I SD ZONING Z TE MON Z N Z NL U Legend FE G -7 O-2 S TU -4 S H LN LO E B E O

9 Midlothian Turnpike Johnston Willis Drive 13SN onditions of Zoning, Buffers & Setbacks 88SN0023 (25' Buffer) 81SN0145 & 88SN0011 (50' Buffer) 83SN0024 & 88SN0011 (25' Setback) ttachment 1

10 Exhibit 13SN0508-2