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98SN0177.PDF· .......... CPC September 9, 1998 BS REQUEST ANALYSIS AND RECOMMENDATION 98SN0177 A. T. Linegar Dale Magisterial District East line of Ironbridge Road REOUEST: Rezoning from Corporate Office (0-2) to Community Business (C-3) PROPOSED LAND USE: A restaurant and convenience store with gasoline sales are planned. However, with approval of this request, other commercial uses would be permitted, except as restricted by Proffered Condition 12. PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL. AYES: MESSRS. SHEWMAKE, MARSH, CUNNINGHAM AND GULLEY. ABSENT: MR. MILLER. STAFF RECOMMENDATION Recommend denial for the following reasons: The proposed zoning and land uses do not conform to the Central Area Plan which suggests the property is appropriate for mixed use corridor uses to include residential uses of various densities and office use with integrated supporting uses. Existing 0-2 zoning on the request property and on adjacent properties along Iron Bridge and Cogbill Roads provides a transition between more intense commercial zoning and development at the Iron Bridge Road/Cogbill Road intersection and existing and anticipated area non-commercial uses to the north and east. Approval of commercial zoning and land uses on the request property would establish a precedent for additional requests for commercial zordng and land uses north along Iron Bridge Road and east along Cogbill Road. Without office4ype land use transitions, commercial development would encroach into areas of existing and anticipated residential use. The request site and surrounding 0-2 properties were rezoned as one (1) project to allow a coordinated, campus-style office park with limited, supporting commercial uses. (See attached approved Master Plan). Approval of the current request for C-3 zoning and land uses on the subject property would leave the remainder of the originally zoned property unfit for a campus-style office park. In addition, with approval of the proposed C-3 zoning on the request site it may not be possible to develop this adjacent property in accordance with the approved Master Plan and conditions of zoning. Therefore approval of the current request would create additional pressure for commercial zoning on these adjacent properties. (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 1. Public wastewater shall be used. Prior to any site plan approval, sixty (60) feet of right of way on the east side of Route 10 and thirty-five (35) feet of right of way on the north side of Cogbill Road, measured from the centerlines of that part of the roads immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. Access to Route 10 shall be limited to one (1) entrance/exit. This access to Route 10 shall align the existing crossover located north of the Cogbill Road intersection. Access to Cogbill Road shall be lin~ited to one (1) entrance/exit. This access to Cogbill Road shall align with Howell Drive. The exact location Ibr these accesses shall be approved by the Transportation Department. Prior to any site plan approval, an access easement(s), acceptable to the Transportation Department, shall be recorded across the Property to serve GPIN 776-683-II16, 1535, 2224, 2375, 2887, 3233, 3239, 3875, 4986 and 6062. The exact location of this access easement(s) shall be approved by the Transportation Department. 2 98SN0177/WP/SEPT9G 10. 11. To provide for an adequate roadway system at time of complete development, the Applicant shall be responsible for the following: a) b) c) d) Construction of additional pavement along the northbound lanes of Route 10 at the approved access to provide a right turn lane; Construction of additional pavement along Cogbill Road at the approved access to provide left and right turn lanes; Closing the southern access to Route 10 that serves the adjacent office development on GPIN 776-683-1535; and Dedication to Chesterfield County, free and unrestricted, any additional right of way (or easements) required for the improvements identified above. Prior to any site plan approval, a phasing plan for the required road improvements, as identified in the Proffered Condition 5, shall be submitted to and approved by the Transportation Department. All pavement areas that are subject to spillage or mn-off from fuel pumping facilities shall be directed through an oil/water separation structure prior to leaving the Property. The Chesterfield Environmental Engineering department shall determine the extent of the areas that are subject to oil/water separation. A six-foot (minimum) to 8 foot maximum high solid board fence shall be provided adjacent to GPIN 776-683-6062. The Planning Department at time of site plan review shall approve the exact design and location of the fence. At such time that GPIN 776-683-6062 is used for non-residential purposes, the fence requirement shall be eliminated. Freestanding parking lot lighting fixtures shall not exceed twenty-five (25) feet in height. Canopy lighting shall be of a recessed type. Dnmpster enclosures, except for the gate, shall be constructed of material similar to that used on the principal building for which the dumpster serves. The exact treatment shall be approved by the Planning Department at the time of site plan review. Intercom systems shall be designed so as not to be audible to any adjacent property used for residential purposes. 12. Uses shall be restricted to the following: 13. a.) All uses and the customary accessory uses permitted in the C-1 and C-2 districts. Restaurants, to include carry-out or fast food. The Property shall be developed generally consistent with the attached conceptual plan for the proposed development entitled "Exhibit A" and dated June 11, 1998, provided, 3 98SN0177/WP/SEPT9G however, that modifications shall be made where necessary to comply with ordinance requirements. Further, the two buildings shown on the conceptual plan as 3,000 square foot offices shall be limited to office use. 14. All commercial buildings on the Property shall be of substantially similar design and elevation as either of the buildings shown on the attached "Exhibit B." Commercial and office buildings on the Property shall be constructed of materials that are the same as, or comparable in quality to, the materials shown on either of the buildings shown on the attached "Exhibit B." The exact architectural treatment of all buildings on the Property shall be submitted to the Planning Department at the time of site plan review for review and approval. In addition to the ordinance landscape requirements along Cogbill Road, design specific measures shall be provided. These measures may include additional landscaping, ornamental fencing, hedges, etc. The exact treatment shall be determined by the owner and approved by the Planning Department at the time of site plan review. GENERAL INFORMATION Location: Fronts the east line of Iron Bridge Road, north of Cogbill Road, and north line of Cogbill Road, across from Howell Drive. GPIN 776-683-2540, 3156 and 4030 (Sheet 15). Existing Zoning: 0-2 with Conditional Use Planned Development Size: 2.8 acres Existing Land Use: Vacant Adjacent Zoning & Land Use: North - 0-2 with Conditional Use Planned Development; Single family residential or vacant South - R-7; Single family residential 4 98SN0177/WP/SEPT9G East - 0-2 with Conditional Use Planned Development; Single family residential West - R-7, and O-2 with Conditional Use Planned Development; Single family residential, public/semi-public (church) and office UTILITIES There is an existing sixteen (16) inch waterline along Iron Bridge Road and a twelve (12) inch waterline along Cogbill Road adjacent to the request site. The use of the public water system is required by County Code (Chapter 20). Public Wastewater System: There is an existing eight (8) inch wastewater collector along the east side of Iron Bridge Road adjacent to the request site. The use of the public wastewater system is intended and has been proffered by the applicant. (Proffered Condition 1) ENVIRONMENTAL Drainage and Erosion: No existing or anticipated on- or off-site drainage or erosion problems. Off-site easements and drainage improvemems may be required to accommodate increased runoff from development of the property. The applicant has proffered that all pavement areas subject to spillage or run-off from fuel pumping facilities will have drainage directed through an oil/water separation structure prior to leaving the property (Proffered Condition 7). This should aid in the protection of downstream properties from contamination from fuel spillage. PUBLIC FACILITIES Fire Service: The Public Facilities Plan indicates that Emergency Services calls are expected to increase forty-five (45) percent by the year 2015. Eight (8) new fire/rescue stations are recommended for construction by the year 2015 in the Public Facilities Plan. This property is currently served by the Dale Fire/Rescue Station, Company Number 11 and Bensley-Bermuda Rescue Squad. 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. Also, the need to designate fire lanes will be determined during the review of the aforementioned plans. 5 98SN0177/WP/SEPT9G Transportation: In 1987, the Board of Supervisors approved a Conditional Use Planned Development (Case 86S133) on 6.6 acres that permits office and retail development. The subject property (2.8 acres) was included in that original rezoning case. As part of that original case, the Board imposed several conditions addressing, among other things, access control and road improvements that included construction of turn lanes along Iron Bridge Road (Route 10) and Cogbill Road. The applicant has proffered transportation conditions consistent with those conditions currently required for development of the subject property, with the exception of access to Cogbill Road as stated herein. (Proffered Conditions 2 through 6) This request will not limit development to a specific land use; therefore, it is difficult to anticipate traffic generation. Based on convenience store and fast food restaurant with drive through window trip rates, development could generate approximately 3,820 average daily trips. These vehicles will be distributed along Route 10 and Cogbill Road which had 1997 traffic counts of 28,035 and 4,921 vehicles per day, respectively. The Thoroughfare Plan identifies Route 10 as a major arterial with a recommended right- of-way width of 120 to 200 feet. The Thoroughfare Plan also identifies Cogbill Road as a collector with a recommended right-of-way width of seventy (70) feet. The applicant has proffered to dedicate sixty (60) feet of right-of-way measured from the centerline of Route 10, and thirty five (35) feet of right-of-way measured from the centerline of Cogbill Road, in accordance with that Plan. (Proffered Condition 2) Development must adhere to the Development Standards Manual in the Zoning Ordinance relative to access and internal circulation (Division 5). Access to major arterials, such as Route 10, and to collectors, such as Cogbill Road, should be controlled. The applicant has proffered to limit direct access to Route 10 to one (1) entrance/exit, and one (1) entrance/exit to Cogbill Road (Proffered Condition 3). Access to Route 10 will align the existing crossover on Route 10, north of the Cogbill Road intersection. Conditions of zoning approval for Case 86S133 require that access to Cogbill Road for development of the subject property be provided through the adjacent parcel to the north (the Howard parcel that was also included in Case 86S133). Adequate access separation can be provided along Cogbill Road to permit an additional access to Cogbitl Road. Staff supports the applicant's request for direct access to Cogbill Road for the subject property. This access to Cogbill Road will align Howell Drive. The Route 10 access and Cogbill Road access should be shared with adjacent properties so that cross travel between existing and future developments can occur without necessitating travel along Route 10 and/or Cogbill Road. The applicant has proffered a condition which would ensure that shared access is provided across the subject property. (Proffered Condition 4) 98SNO177/WP/SEPT9G Road improvements must be provided to mitigate the traffic impact of this request. The applicant has proffered to: 1) construct additional pavement along Route 10 at the approved access to provide a right turn lane; 2) construct additional pavement along Cogbill Road at the approved access to provide left and right mm lanes, and 3) close the existing access to Route 10 that serves the adjacent office development to the south. Proffered Conditions 5 and 6) At time of site plan review, specific recommendations will be provided regarding access and internal circulation. LAND USE Comprehensive Plan: The request property lies within the boundaries of the Cent~ which suggests the property and surrounding area is appropriate for mixed use corridor use, to include residential uses of various densities and office use with integrated supporting uses. Area Development Trends: The request property lies in the vicinity of the Iron Bridge/Cogbill Roads intersection. The area immediately surrounding the Cogbill/Iron Bridge Roads intersection is characterized by a mix of commercial, public/semi-public and office uses. Property on the west line of Iron Bridge Road is occupied by neighborhood convenience type uses as well as a public/semi-public use (Fraternal Organization of Police). A camper shell business exists in the southeast comer of the intersection of Iron Bridge and Cogbill Roads. Heretofore, the northeast quadrant of the intersection which includes the request property has been characterized and zoned for office and limited retail uses. Development in this quadrant has been delayed in the past partly due to the unavailability of public sewer. Properties to the south and east along Cogbill Road are characterized by single family residential uses. The Central Area Plan seeks to minimize the possibility of typical strip commercialization of the Route 10 Corridor by suggesting appropriate commercial nodes at strategic locations along the corridor. Specifically, the Plan has identified such nodes at the intersections of Iron Bridge Road with Chippenham Parkway, Irongate Road and Kingsland Road. The Plan attempts to provide transitional land uses along other portions of the corridor, such as office and residential uses, so as to minimize the possibility of typical strip development and provide appropriate land use transitions. 7 98SN0177/WP/SEPT9G On June 24, 1987, the Board of Supervisors upon a favorable recommendation by the Planning Commission approved rezoning from Residential (R-7) and Convenience Business (B-l) to Office Business (O) with Conditional Use Planned Development on the request property and adjacent properties to the north and east (Case 86S133). An office complex with a limited amount of retail development was planned. With the approval of Case 86S133, development standards were imposed that are similar to current Zoning Ordinance Emerging Growth Standards (see attached Conditions of Zoning approval for Case 86S133). The approved Master Plan depicted a coordinated, campus-style office park with a residential scale compatible with, and transitioning to, existing and anticipated area residential uses (see attached Approved Master Plan for Case 86S133). On February 16, 1988, the Planning Commission approved a schematic plan for an office use on a 0.27 acre portion of the property zoned with Case 86S133 and fronting along Cogbill Road (Globe Realty). This schematic approval was granted subject to conditions that addressed density of development, access, parking and paving, signage, lighting, and use of public water and sewer. The property which was the subject of this schematic is not included in the current zoning request, but now is an adjacent parcel. On December 18, 1996, the Board of Supervisors accepted withdrawal of a request to rezone the subject property from Corporate Office (0-2) to Community Business (C-3) (Case 96SN0226). Staff recommended denial of Case 96SN0226, and after several public hearings and considerable amounts of citizen input~ the Planning Commission upheld staff's recommendation. At that time, the adopted Plan suggested office use as appropriate on the request property. The current request is very similar to the previous request which was withdrawn. However, unlike the previous request, the current application would not restrict permitted uses to fast food restaurants, including drive-thru services; convenience (grocery) stores; and automobile self-service stations. Since withdrawal of the 1996 case, the amended Central Area Plan was adopted on February 12, 1997. The amended Plan recommendations are discussed herein. Site Design: The request property lies within an Emerging Growth Area. With the approval of this request, new construction must conform to the development standards of the Zoning Ordinance which address access, parking, landscaping, setbacks, signs, buffers, utilities, and screening of dumpsters and loading areas. As noted herein, an existing residence on adjacent property to the southwest along Cogbill Road, has been converted to an office use. Proffered Condition 4 of the current request would require the provision of easements to this adjacent property, to allow this property 98SN0177/WP/SEPT9G access to Cogbill Road through the request site. Conditions of existing zoning require that the Cogbill Road access on the adjacent property be eliminated. Once the request property is developed, the existing access to the adjacent office use must be closed and access for all uses, on the request property and this adjacent property, will use only one (1) access driveway, as may be approved by the Transportation Department. The applicant has submitted a conceptual plan (Exhibit A) for the site in an effort to show how the site might be developed as part of a coordinated, campus-style development with office uses on adjacent property (Proffered Condition 13). The proffer requires that the uses of the two (2) 3,000 square foot office buildings be confined to office use. The conceptual plan includes property which is not the subject of this rezoning request, but was included in the original zoning case. The conceptual plan attempts to show how the adjacent property could be developed in the furore consistent with the approved Master Plan. It should be noted that the conceptual plan fails to completely comply with the approved Master Plan, especially for those buildings located along Cogbill Road. In addition, as noted in Proffered Condition 13, this plan may require modifications on the request site to comply with Ordinance requirements. Proffered Condition 15 requires additional landscaping, ornamental fencing, hedges, etc. along Cogbill Road. The intent is to lessen the impact of this development on the residential uses to the south across Cogbill Road. Architectural Treatment: Within Emerging Growth Areas, no building exterior which would be visible to any residential or office district or any public right of way may consist of architectural materials inferior in quality, appearance, or detail to any other exterior of the same building. There is, however, nothing to preclude the use of different materials on different building exteriors, but rather, the use of inferior materials on sides which face adjoining property. No portion of a building constructed of unadorned concrete block or corrugated and/or sheet metal may be visible from any adjoining residential or office district or any public right of way. No building exterior may be constructed of unpainted concrete block or corrugated m~d/or sheet metal. 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. Nothing in the Emerging Growth standards would require buildings to be architecturally compatible with or similar to those in the vicinity of the request property. However, given the visibility of the site and the character of the surrounding area, any building erected on the request property should incorporate materials and features which predominate in existing area commercial, office and public/semi-public buildings. Should the Commission and Board see fit to approve this request, consideration should be given to compatibility with area buildings. Specifically, area commercial, office and public/semi-public buildings 9 98SN0177/WP/SEPT9G are characterized by the use of brick with textual relief and ornamentation in building facades, articulation of doors and openings, gable or shed roof construction and shingle- type roof coverings. Development on the request property should incorporate similar materials and design features. The applicant has agreed that all commercial buildings will be substantially similar in design and elevation as either of the buildings in Exhibit B and that any commercial and office building will be constructed of materials that are the same as or comparable in quality to the materials shown on either of the buildings in Exhibit B. (Proffered Condition 14) Lighting: Proffered Condition 9 limits the height of freestanding lighting fixtures to a maximum of twenty-five (25) feet and requires canopy lighting to be recessed. Intercom Systems: Intercom systems are allowed as a restricted use in a C-3 District. The restriction is that such systems should not be audible to any property located in an A, R, R-TH or R-MF District. The applicant has further agreed that such system will be designed so as not to be audible to any adjacent property used for residential purposes, regardless of the zoning. (Proffered Condition 11) Buffers & Screening: The Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters, garbage cans, trash compactors, etc.) be screened from view 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. The applicant has also submitted Proffered Condition 10 which requires dumpster enclosures to be constructed of material similar to that used on the principal building which the dumpster serves. 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. To address concerns expressed by the owners of GPIN 776-683-6062 the applicant has agreed to provide a solid fence along the eastern property line of the request site. (Proffered Condition 8) 10 98SN0177/WP/SEPT9G With the approval of this request, outside storage would be permitted as a restricted use. Outside storage areas must be screened from view of adjacent properties which have no such areas and public rights of way. As noted herein, adjacent property to the north and east is zoned Corporate Office (0-2). The Zoning Ordinance would not require any buffers adjacent to these properties. CONCLUSIONS The proposed zoning and land uses do not conform to the ~ which suggests the property is appropriate for mixed use corridor uses to include residential and office uses. Existing Corporate Office (0-2) zoning on the request property and on adjacent properties along Iron Bridge and Cogbill Roads confbrm to the Plan and provides a transition between more intense commercial uses at the Iron Bridge/Cogbill Roads intersection and existing and anticipated area residential uses to the north and east. Approval of commercial zoning and land uses on the request property could establish a precedent for additional requests for commercial zoning and land uses north along Iron Bridge Road and east along Cogbill Road, resulting in typical strip commercial development. The request site and surrounding Corporate Office (0-2) properties to the north and east were zoned as one (1) project to allow a coordinated, campus-style office park with limited, supporting commercial uses. Approval of the current request on the subject property for C-3 zoning and land uses would make the remainder of the originally zoned property difficult to develop as a campus- style office park. Further, with approval of the proposed C-3 zoning on the request property, it may not be possible to develop this adjacent property in accordance with the master plan and conditions of zoning approval applicable to this property. Therefore, approval of the current request could encourage additional requests for commercial zoning on these adjacent properties. Without appropriate land use transitions, further pressure for conm~emiat encroachment into areas of existing and anticipated residential development and along Route 10 are anticipated. Given these considerations, denial of this request is recommended. CASE HISTORY Planning Commission Meeting (2/17/98): At the request of the applicant, the Commission deferred this case to April 21, 1998. 11 98SN0177/WP/SEPT9G Staff (2/18/98): The applicant was advised in writing that any significant new or revised information should be submitted no later than February 23, 1998 for consideration at the Commission's April 21, 1998 public hearing. Also, the applicant was advised that a $150.00 deferral fee must be paid prior to the Commission's public hearing. Applicant (2/24/98): The applicant paid the $150.00 deferral fee. Staff (4/1/98): To date, no new information has been received. Planning Comnfission Meeting (4/21/98): At the request of the applicant, the Commission deferred this case to their June 16, 1998, meeting. Staff (4/22/98): The applicant was advised in writing that any significant new or revised information should be submitted no later than April 27, 1998, for consideration at the Commission's June public hearing. The applicant was also advised that a $150.00 deferral fee was due. Staff (5/29/98): To date, no new information has been received nor has the deferral fee been paid. Applicant (6/15/98): The deferral fee was paid. Additional proffered conditions were also submitted. 12 98SN0177/WP/SEPT9G Planm~g Conunission Meeting (6/16/98): The applicant did not accept the recommendation. There was opposition present. Concerns were expressed relative to commercial uses being permitted on the site; traffic impacts; noise; and architectural treatment. Mr. Cunningham expressed concerns that the proposal fails to comply with the adopted Plan. On motion of Mr. Cunningham, seconded by Mr. Gulley, the Commission recommended denial of this request. AYES: Messrs. Shewmake, Marsh, Cunningham and Gulley. ABSENT: Mr. Miller. Applicant (7/29/98): The applicant submitted revised and additional proffered conditions. Specifically, Proffered Condition 12 was amended to eliminate motor vehicle washes as a use. Proffered Condition 13 was amended to insure that the two (2), 3,000 square foot office buildings depicted on the conceptual plan are restricted to office use only. An additional proffer was submitted to require design measures along Cogbill Road. (Proffered Condition 15) Board of Supervisors' Meeting (7/29/98): The Board held a public hearing. There were persons present in support and opposition to the request. Since the July 29, 1998, revised and additional proffered conditions were not submitted in accordance with the Board's procedures, the Board deferred this request to September 9, 1998. Mr. Micas indicated that the public must be given an opportunity to speak to any additional proffers only at the September 9, 1998, public hearing. The Board of Supervisors, on Wednesday, September 9, 1998, beginning at 7:00 p.m., will take under consideration this request. 13 98SN0177/WP/SEPT9G ,4 77 ~ 150-2 WITH C.U.P.D. TO C-Si CONDITIONS OF ZONING APPROVAL FOR CASE 86S133: The foilow/ng Hawkins, Plan. (p) ¢onditlons notwithstanding, the plan prepared by Dean da=sd February 3, ~987, shall be considered the Mas=er Landscaping shall be provided around the base of =he freestanding sign. Sign. colors and styles shall be comparlbte ~igh the architec- tural style of the buildings. Prior to the erection of any signs, a oomplscs sign package depicting these requirements shall be submitted to the Planning Department for approval. (P) (Note: The subject property lies within the boundaries of the Route 10 Special Sign District.) In addition to Office Business (0) uses, the following uses shall be permitted provided they are confined to the buildings designated "Retail, 2400 S.F.," "Bank, I200 $.F.," and "Existing Office, 3600 S.F." all of which are generally located along Routs i0, as show= on the Master Plan. All Co~m~unity Business (B-Z) uses, except :he following; gasoline sales, convenience stores, indoor recrea:±onal facilities, Liquor stores, mobile home for the owner/ opera=or of a business and outside display of merchandise for sale. Yards. The following yard requirements shall apply: (a) Setbacks alon$ Route I0 and Cosbill Road. Ail buildings and drives shall have a minimum seventy- five foot se=hack from the proposed rights-of-~ay of Route ~0 and Cogbill Road as indicated on the Chesterfield General Plan, as amended. Parking areas shall have a m/n/mum one hundred foot setback from the proposed rights-of-way of Route 10 and Cogbill Road. However, the ex/st- icg park/nE areas along =he nor:h and sou£h sides of the 3,600 square foot office bu/.Tding (Building F), the existing 3,600 square foot office building, and the existing 1,200 square foot rssidence (Building A) along CogbiI1 Road shall be allowed to encroach into required setbacks descrf~ed herein and as depicted on.:he Master Plan. The se=back for all ocher parking areas may be reduced :o seventy-f±v~ feet when parking areas are located to '5. =he side or rear of buildings, wi=hen these se=backs, landscap- ing sh~ be provided in accordance wi=h Condi=ion 9 (f). {No=e: The Zoning Ordinance requires =ha= all se=backs be mea- sured from =he ul=ima=e fish= of way lines of Rou=e 10 and Cogbill Road, as desi~na=ad on =he C.~n=ral Area Land Use and Transpor=a=ion Plan. Side yards (i.e., northern proper=y line). The side yard set- backs for buildings, drives, and parking areas shall be a minimum of =hirTy fee~. With/n this sa=back, landscaping and/or fencing shall be ins=ailed =o screen =he development from adjacent prop- er=y to =he north. A conceptual plan depic=ing this requiremen= shall ha submit=sd to =he Pl~ing Co~ission for approval in conjuno=ion wi~h schema=i= plan review. A de=ailed plan shall he submit=ed =o =he Planning Depar=ment for approval in conjunc=ion wi=h f/~al sloe plan review. The l~dscaping/fencing requiremen= may be modified by the Planning Cu=a/ssion a= =he rime of sche- ma=i= plan review if adjacent property has been zoned and/or developed for s~lar use. One foot shall be added to each side yard for' each three feet =ha= =he building height adjacent =here- =o exceeds forTy-five fee= or ~hree s=ories, whichever is less, suhJec=, however, =o =he provisions of Section 21-27 of the Zcn~g (c) ~ar 7ar~ (i.e~, eastern proper=7 line). The minimum rear yar~ setback for buildings, drives, and parking areas shall be lorry (~0) fee=. One foot shall be ad'ed =o each rear yard for each =brae feet =ha= the building height adjacen~ ~here=o exceeds for=y-five feet or ~hree s=ories, whichever is less, subjec=, however,. =o =he provisions of Sec=ion ll-27 of the Zoning Ordi- nance. This ss=back shall be main=ained as a buffer. With the exception of U=ilities, ~txich run generally perpendicular =brough the buffer, landscaping, and a decorative wall or fence, =here shall be no ocher facilities or improvemen=s permitted within =his buffer. This buffer shall be landscaped, harmed, and/or fenced so as =o effec=ively screen =he development from =he adJacsn= residant~! properTy. A= a minimum, landscaping shall be acco~plished in accordance wi=h Condi=inn 9 (g) (2), "Perime- ter Landscaping B." In conjunc=ion wi=h schema=i= plan review, a conceptual plan deploring =he buffer requiremen= shall be submit- =ed =o =he Planning Com~ssion for approval. A detailed land- scaping plan shall be submi==ad =o =he Planning Depar=men= for approval in conjunction wi=h final sire plan review. (P) Permitted Variations in Yard Requiremen=s. The required minimum yards may be reduced as follows wi=h the provi- sion of addi~ional landscaping: Setbacks alon~ Route 10. The required se=back for buildings and drives along Rou=e 10 may be reduced to fif=y ($0) fee= with the provision of landscaping in accordance wi=h Condition 9 (g) (3), (c) (d) "Perimeter Landscaping C," and when Such parking areas are ed to =he side and rear of buildings. _Setbacks alon~ Co~hilI Ro~'. The rsquired setback for buildings and drives along Cogbi!l Road ma7 be reduced to =hirty-ffva (35) fast (measured from a seventy (?0) foot right-of-way) ~lth =he provision of landscaping in accordance wi:h Condt:ion 9 (g) (3), "Per/me=ar Landscaping C," and when such parking areas ara locat- ed =o the side and rear of buildings. S~ide yard. (i.e., nOr=hem proper:y line) The required side yard may be reduced =o ten (I0) feet a= such =/me that adJacen: prop- er=y is zoned and/or developed for similar uses wi:h =he pro- vision of landscaping in accordance with Condition 9 (E) "Per!~ecar Lazxdscaping B." Rear yard. (:[..a., eastern may ba reduced scaping in accordance wi=h scaping C." Utili~7 lines under,round. Ali phone, CATV, or o~her similar property 1/ne. The required rear yard (30) feet with tbs provision of land- Condition 9 (g) (3), "Perimeter Land- utility lines such as electric, =els- It-es shall be installad underground. This requirement shall apply =o i/nas ss~ving individual, si=es aa well as =o u=ili=y lines necessary within =he project. All Junction and access boxes shall be screened with appropriate landscaping. Ail utility pad fixtures and meters shall be shown on the si=a plan. The necessity for u=llizy connections, me=ar boxas~ e~c., shall be v/zed and in~egra~ed wi~h =he architectural elements of ~he siva plan. Loadin~ areas. $i~as shall be designed and bu/!dings shall he orient- ed so Chat loading areas are act visible from the adjacent rasidentlal 'proper=les or from public rights of way. (P) Driveways and parking areas. Driveways and parking areas shall be paved ~i=h contra=a, bituminous concrete, or other s/miler ma=sriai. Surface ~rsa=ad parking areas and drives shall be prohibited. Con- crete curb and gu=car shall be t-~=alled around the par/me=ar of all driveways and parking areas. Drainage shall be designed so as not in~arfara wi~h pedestrian ~raffic. (P) Landscapin~ Re~uir-~-n=s. (a) A comprehensive landsca~ing program for =he site is assent/si for the visual enhancement of =he Corridor; and =o pro=act and promote appearance, character, and econom/c values of land along the Corridor and surTounding neighborhoods. The purpose and in=an= of such soaping requirements is aisc =o reduce the visibility of paved areas from adjacent properties and streets, moderate =time=la m/n/m/re noise and glare, and enhance public safety by defining spaces co i~*iuenoa traffic movement. Landscaping ~iLI reduce the amount of storm water runoff amd provide tramsltiom between meighborimg proper- ties. ~andsca?in~ Plan and Plantin~ Requfremenrso (1) A landscaping plan shall be submitted site plan review. in conjunction with (2) Such landscaping plan shall be drawn to scale, including dimensions and distances, and clearly delineate all existing and proposed parking spaces or other vehicle areas, access aisles, driveways, and the location, size and description of aL1 landscaping materials. Plant Materials Specifications. (i) quality. All plant materials shall be living and in a healthy condi- · tion. Plant materials used in conformance ~ith the provi- sion of these specifications shall conform to the standards of the mos: recent edition Of the "American Standard for Nursery Stock," published by the American Association of NUrSery.S. (2) Size and T~pe. (3) (a) Small Deciduous Trees. Small deciduous trees shall be of a species having an average minimum mature croum spread of greater :hen twelve (I2) feet. A minimum caliper of at least two and one-half (2 1/2) inches at :he time of planting shall be required. (b) Large Deciduous Trees. Large deciduous trees shall be of a species having an average minimum mature crown spread of greater than thirty (30) feet. A minimum caliper ef at least three a~ one-half (3 1/2) inches at the time of planting shall be required. (c) Evergreen ~reee. Evergreen trees shall have a minimum height of five (5) feet at the time of planting. (d) Medium shrubs. Shrubs and hedge forms shall have a m/nimum height of ~wo (2) feet at the time of planting. Landscaping Design. .(a) Generally, plan:lng required by this section should be in an irregular line and spaced at random. (b) CluStering of plant and tree species shall be required to provide a pleasing composition and mix of ve§e:a- 'tion. (c) Decorative walls and fences may be lute§rated into any landscaping program. The use of such walls or fences, when having a m/n/mum height of three (3) feet, may reduce ~he amount of required plant materials at the discretion of the Director of Planning. (4) Tree Preservation. (a) Preserve=ion of .axis=fng crees is encouraged to provide continue=y, improved buffering abel!ny, pleasing scale and im~a along the Corridor. (b) Any healthy existing tree may be included Cowards cha requiremen=s of Chis Condition. (d) Maintenance. for credit The owner, or his agent, shall be responsible for the main- tenants, repair, and replacement of all landscaping materi- als as may be required. : (2) (3) Ail plant maCeriai shall be tended and maintained in a healthy growing condition and free from re£use amd debris ac all times. All unhealthy, dying or dead plant ma=steals shall be replaced during the next planting season. Ail landscaped areas shall be provided wi=h a readily avail- able wa=er supply. The u~llizatton o£ underground s=orage chambers Co collect runoff co be later used to irriga=e plan,.ma=steals is encouraged. (e) Installation and Bondin~ Requirements. All landscaping shall be installed in a sound, workmanship-li~e manner and according to accepted, good planting practices and procedures. Landscaped areas shall require protection from vehicular encroachment by such means as, but not I~4ted to, wheel stops or concrete or bi=um/nous curbs. (2) ~here landscaping is required, no certificate of occupancy shall be issued until the required landscaping is completed in accordance wi=h the approved l~dscape plan. When the 'occupancy of a structurs is desired prior to the completion cf cha required landscaping, a certificate of occupancy may be issued calf if the owner or developer provides co chi County a form of sure=y sa=isfactory co the Ptan~ing Depart- mant in an amount equal to the costs of the remaining plant ma=steals, relatad matari~ and installation costs. (3) All required landscaping shall be installed and approved by the first planting season following issuance of a cer=ift- ca~e of occupancy or the bond shall be forfeited co the County. (f) Arterial Frontage Landsca?~-~. Landscaping shall he required along Routs i0 and Coghil! Road within =he required se=hack and shall be provided except where driveways or ocher openings may be necessary. The mEn/mum re- quired landscaping for =his se=back shall be provided as per "Per/me=er Landscaping B" below. (g) P~er/me=er Landscaping. Landscaping sh~ be provided at the outer boundaries or in =he required yards, except where driveways or other openings may be require~. The mEn/mum required landscaping for all outer bounda- ries of any lot or parcel shall be provided as per "Perimeter Landscaping A" below. There shall be different landscaping requirements as idem=if/ed herein, which shall be provided as follows: (I) Perimeter Laudscapin~ A. (a) At least one small deciduous tree for each fifty lineal feet and at least one evergreen for each fifty lineal feet shaI1 be planted within the setback area. (b) At least one medium shrub for each Twenty lineal fee= shall be plan=ed wi=hen the se=back area. (c) Low shrubs and ground cover parsed throughout. Perimeter Landsca~in~ B. shall be rmasonably dis- At leas= one large deciduous tree for each fifty !inca1 feet and at leas= one evergreen for each thirty !inca1 feet shall be plan=ed wi=hen =he se=back area. (b) At least one small deciduous tree for each fifty lineal feet shall be planted within the setback area. (c) At least one medium shrub for each fifteen lineal feet shall be plan=ed within =he setback area. (d) Low shrubs and ground cover shall be reasonably dis- persed throughout. OR: (a) A ~ three (3) foot high undulating berm, and (b) Perimeter Landsaapfung A. (3) Perimeter Landscapin~ C. (h) (a) AC lease one large deciduous cree for each fifty lineal feet and a= least one evergreen tree for each cherty lineal feet shall ba planted within the setback area. (b) AC lease one small deciduous tree for each thirty lineal feet shall be planted within the setback area. (c) At least one medium shrub for each ten iinaal ~eet shall be plan:adwiChin the setback aria. (d) Low shrubs and ground cover shall be reasonably dis- persed throughout. OR: (a) A minimum four (4) fcct high undulating berm, and (b) Perimeter Landscaping B. Landscapin~ Standards for Park/n~ Areas. Interior perkins area landscaping. (a) The parking aria(s) shall have at least twenty (20) square feet of tn=erior !~dscaping for each space. Each required landscaped area shall con:sin a m~9/mum of t00 square feet and .have a minimum d/mansion of at least ten fee:. With the provision of this Iandscap- lng, parking space size may be reduced to 9.5 x 18 fee= or 171 square feet. (h)' The primary landscaping material used in par~-~ areas shall be Crees which provide shade or are capable of providing shade at maturity. Each required landscaped area shall include a= lease one small tree, as outlined in this Cc=df=ion. The total w~er of Crees shall ncc be less chan one for each 200 square fee=, or fraction thereof, of required interior landscaped area. The ramaiu/ng area shall be landscaped with shrubs and ocher vegetative ma=ariel to cump1/ment the ~ree land- scaping. Landscaping areas shall be reasonably ~tspersed throughout, located so as to divide and break up =he expanse of paving. The area designated as required setbacks shall hoc be calculated as required landscaped a~Tea. (Z) Peripheral parkin~ area landscaping. (a) Peripheral landscaping shall be required along any side of a parking area Chic abuts land not in the right of wa~ of a street such chat: 10. I1. 12. 13. 14. I5. A landscaped scrip at least ten (10) feet in width shall he located between the parking area and the abutting property 1/nee, except where driveways or other openings may be required. Continuous hedge forms or at lease one small tree, as ou=tined in =his Condi- tion, shall be planted in the landscaped s:rip for each fifty lineal feet. (P) Exterior lishtin~. At1 exterior lights shall be arranged and in- stalled so chat the direct or reflected illumination does net exceed 0.5 foot candles above back,round measured at the lo= line of any adjoining residential dis=rio= or public right of way. Lighting standards shall he of a directional t~pe capable of shielding light source from direct view. A lighting pl~ shall be submitted to the Planning Department in conJunc=ion with f/nai sire plan review. (P) Architectural tree=men=. The architectural treatment of buildings shall be such that no building facade (whether front, side, or rear) consists of archicee:ural materials inferior in quality, appearance, or detail to any other facade of the same building. No portion of a building constructed of unadorned cinder block or corrugated and/or sheet metal shall be visible from any' adjoinin§ property, or public right of way. Mechanical equipment, whether ground-level or rooftop, shall be shielded and screened from public view and dest~ned to be perceived as an integral par= of the building. De=ailed renderings depicting :hess requirements shall be submitted to the ~lanning par=men= for approval in conjunction ~-lth site plan review. (P) Public water and sewer shall be used. (U) The develope~ shall provide an accurate account of the drainage situa- tion, showing existing drainage and the impact this project will have on the site and the surrounding area. The developer shall submi~ a construe=ion plan Co Environmental Engineering and VDOT providing for on- and off-site dra~.~ge facilities. This plan shall be approved by the Environmental Engineering Department and VDOT, and all necessary ea.s_..ements shall be obtained prior co any vegetative disturbance. The approved off-site pla may have co be implemented prior co clearing. If retention/detention is ~ptoyed, prior to the release of any build- lng permits or recordation of right of way. ownership and maintenance of the retention/detention basf-s shall be established as =he respon- sibility of private entities. An indemnification agreement shall be submitted =o =he Environmental Engineering Department to save the County harmless of vet=ors, maintenance, and replacement responsibili- ties, eta. Upon =o=~lecion of construe=ion of the face!icy, it shall be certified by a professional engineer. (EE) If retention/detention is employed, the max/mum permissible release rates of =he basin shall be such =ha= =he capacity of the existing facilities downs:ream and pre-development runoff races shall no: be exceeded and the recorded or analyzed 100 year backwater and/or floodplain shall not be increased. (EE) 17. Access for this devalopmenn shall be as shown on the Master Plan. Tbs existing access onto Route i0 located south of the ex/sting 3000 square foot office buildfn~ shall be el~r,4uatsd pr±or to release of an occupancy perm/t for any new development. Access onto Route l0 for any new developmsnn shall be =our/ned to the proposed northernmost access, as shown on the Hastar Plan, (t.s., there shall be no access from any new develop=ant via the extstin~ Route I0 access for the ~xist~n~ 3000 square foot office.) un=Il such time =hat Route 10 is widened to a four lane raised median typical section. (T) Additional pavement alon~ Route l0 and Co~btI1 R~ad shall be con- struc=ed to provide Isf= and right turn lanes. Prior to =he first schematic plan review, a phasin~ plan for these improvements may be submit=ed to =he Transportation 9spartment for approval. At such =/me as requested by =he COunty, an ac=sss a~rsement shall be provided from =his development =o the ad~acen= parcels and south <Tax Map 52-t4 (1) P~rc~is 19, 20, 60, and 61). (No=e: Prior =o ob=ainin6 a.building permit or provai, schematic plans must be submit=ed to the for approval.) final site plan ap- Plannit§ Commission APPROVED MASTER PLAN: EXHIBIT ~ kValmsley & Hull EXHIBIT CHESTERFIELD COUNTY, VAi 0 98SN0177 - A. T. LINEGAR. DALE DISTRICT In Dale Magisterial District, A. T. LINEGAR requested rezoning and amendment of zoning district map from Corporate Office (0 2) to Community Business (C 3). A restaurant and convenience store with gasoline sales is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed use corridor use. This request lies on 2.8 acres fronting approximately 277 feet on the east line of Iron Bridge Road, also fronting approximately 153 feet on Cogbill Road and located approximately 380 feet northeast of the intersection of these roads. GPIN 776 683 2540, 3156 and 4030 (Sheets 15). Mr. Jacobson presented a summary of Case 98SN0177 and stated that a public hearing was held on this case on July 29, 1998 and that several proffers were submitted at that time. He further stated that the Board did not suspend the rules and accept the proffers and, therefore, the decision of the Board was to defer the case and continue public input only on the additional proffers. He further stated that the Planning Commission and staff recommends denial because the proposed rezoning and business uses do not conform to the recently adopted Central Area Plan. When asked, Mr. Jacobson stated that the three additional proffered conditions include a motor vehicle wash being eliminated from the uses permitted on the property; two 3,000 square foot buildings on the site plan being restricted to office use only; and additional landscaping and other specific design measures to improve the aesthetics of the property along Cogbill Road. Mrs. Humphrey stated that the public may only address the three amended and/or added proffered conditions at this time. John Cogbill, Esquire, representing the applicant, stated that he would like to incorporate, by reference, all of the 9/9/98 98 658 materials and input that was given at the July 29, 1998 meeting and acknowledged that the additional proffers are voluntary and designed to reduce the overall intensity of the development to provide better landscaping and provide clear intent with respect to the office uses adjacent to it. He further stated that the applicant requests that the Board approve the case as presented, subject to the proffered conditions. Ms. Mary Howard Sergeant, an adjacent property owner, stated that she is still opposed to the request with the additional proffered conditions. Ms. Martha Kyte, a resident of Cogbill Road, stated that she is opposed to the request. Mr. Daniel stated that in July, 1998 there was an extensive public hearing on this zoning case and that there are strong feelings on both sides regarding the case. He referenced other similar businesses located in the immediate area. He stated that the original zoning provided for approximately 6,000 square feet of retail space and that the retail space has now been consolidated into a single building. He stated that he feels this request is a reasonable use within the original concept and that he feels there is no reason to deny the request. Mr. Daniel then made a motion, seconded by Mr. Warren, for the Board to approve Case 98SN0177 and accept the proffered conditions. Mr. Barber stated that he feels there is no good reason to grant the proposed zoning because the request is in conflict with the Central Area Plan. He referenced the rezoning at the entranceway to Walton Park ten years ago and the problems that it created. He also referenced a recent zoning case that was sent back to the Planning Commission three times for the purpose of amending the request because it conflicted with the land use plan. He stated that this case is incompatible with area residential development. He noted that the main concern cited in the recent Citizen's Satisfaction Survey was planned and managed growth. He stated that he does not support this request because of conflicts with the Plan, denial being recommended by the Planning Commission, and opposition from neighbors. Mr. McHale stated that it is difficult to question the judgment of the Supervisor from another district. He further stated he is concerned with the issue of proffers and feels that approval of this case would set a negative precedent and that, reluctantly, he cannot support the motion. Mrs. Humphrey stated that the case represents a relnvestment into an aging neighborhood. She referenced the Home Depot case and stated that she had received a large amount of correspondence regarding that case. She stated that she is inclined to support the rezoning because of the reinvestment it will provide in the Meadowbrook Community. 9/9/98 98 659 When asked if this was a case of spot zoning, Mr. Micas stated that the property is currently zoned for certain forms of business or commercial use and this request is only a modification of the existing zoning. Mrs. Humphrey called for the vote on the motion made by Mr. Daniel, seconded by Mr. Warren, for the Board to approve Case 98SN0177 and accept the following proffered conditions: 1 Public wastewater shall be used. 2 Prior to any site plan approval, sixty (60) feet of right of way on the east side of Route 10 and thirty five (35) feet of right of way on the north side of Cogbill Road, measured from the centerlines of that part of the roads immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. 3 Access to Route 10 shall be limited to one (1) entrance/exit. This access to Route 10 shall align the existing crossover located north of the Cogbill Road intersection. Access to Cogbill Road shall be limited to one (1) entrance/exit. This access to Cogbill Road shall align with Howell Drive. The exact location for these accesses shall be approved by the Transportation Department. 4 Prior to any site plan approval, an access easement(s), acceptable to the Transportation Department, shall be recorded across the Property to serve GPIN 776 683 1116, 1535, 2224, 2375, 2887, 3233, 3239, 3875, 4986 and 6062. The exact location of this access easement(s) shall be approved by the Transportation Department. 5 To provide for an adequate roadway system at time of complete development, the Applicant shall be responsible for the following: a) Construction of additional pavement along the northbound lanes of Route 10 at the approved access to provide a right turn lane; b) Construction of additional pavement along Cogbill Road at the approved access to provide left and right turn lanes; c) Closing the southern access to Route 10 that serves the adjacent office development on GPIN d) 776 683 1535; and Dedication to Chesterfield County, free and unrestricted, any additional right of way (or easements) required for the improvements identified above. Prior to any site plan approval, a phasing plan for the required road improvements, as identified in the Proffered Condition 5, shall be submitted to and approved by the Transportation Department. 7 Ail pavement areas that are subject to spillage or run 9/9/98 98 660 off from fuel pumping facilities shall be directed through an oil/water separation structure prior to leaving the Property. The Chesterfield Environmental Engineering department shall determine the extent of the areas that are subject to oil/water separation. 8. A six foot (minimum) to 8 foot maximum high solid board fence shall be provided adjacent to GPIN 776 683 6062. The Planning Department at time of site plan review shall approve the exact design and location of the fence. At such time that GPIN 776 683 6062 is used for non residential purposes, the fence requirement shall be eliminated. 9. Freestanding parking lot lighting fixtures shall not exceed twenty five (25) feet in height. Canopy lighting shall be of a recessed t~pe. 10. Du~Tpster enclosures, except for the gate, shall be constructed of material similar to that used on the principal building for which the dumpster serves. The exact treatment shall be approved by the Planning Department at the time of site plan review. 11. Intercom systems shall be designed so as not to be audible to any adjacent property used for residential purposes. 12. Uses shall be restricted to the following: a.) Ail uses and the customary accessory uses permitted in the C 1 and C 2 districts. b.) Restaurants, to include carry out or fast food. 13. The Property shall be developed generally consistent with the attached conceptual plan for the proposed development entitled '~Exhibit A" and dated June 11, 1998, provided, however, that modifications shall be made where necessary to comply with ordinance requirements. Further, the two buildings shown on the conceptual plan as 3,000 square foot offices shall be limited to office use. 14. Ail commercial buildings on the Property shall be of substantially similar design and elevation as either of the buildings shown on the attached '~Exhibit B." Commercial and office buildings on the Property shall be constructed of materials that are the same as, or comparable in quality to, the materials shown on either of the buildings shown on the attached '~Exhibit B." The exact architectural treatment of all buildings on the Property shall be submitted to the Planning Department at the time of site plan review for review and approval. 15. In addition to the ordinance landscape requirements along Cogbill Road, design specific measures shall be provided. These measures may include additional landscaping, ornamental fencing, hedges, etc. The exact treatment shall be determined by the owner and 9/9/98 98 661 approved by the Planning Department at the time of site plan review. Ayes: Humphrey, Warren, and Daniel. Nays: Barber and McHale. 9/9/98 98 662