99SN0295.PDF......... ,L .... CPC
December 15, 1999 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
99SN0295
Jack T. and Nina V. Shoosmith
Bermuda Magisterial District
Intersection of West Hundred, Iron Bridge and Branders Bridge Roads
REOUEST: Rezoning from Corporate Office (0-2) and Agricultural (A) to Community
Business (C-3).
PROPOSED LAND USE:
Community Business (C-3) uses in the uorthern portion of this project, except as
restricted by Proffered Condition 4(a), and Corporate Office (0-2) uses in the
southern portion of this project, except as restricted by Proffered Condition 4(b)
(reference attached "Conceptual Zoning Plan").
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
AYES: MESSRS. CUNNINGHAM AND SHEWMAKE.
ABSTENTIONS: MESSRS. MILLER AND MARSH
ABSENT: MR. GULLEY.
Providing a FIRST CHOICE community through excellence in public service.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
The proposed zoning and land use do not conform with the Chester Village Plan
which suggests the property is appropriate for a mix of uses to include corporate
office uses and under special circumstances, multi-family residential uses of 7 to
10 units per acre on the northern part of the property and single family residential
uses of 1.01 to 2.5 units per acre on the southern part of the property.
One of the purposes of the Comprehensive Plan is to provide predictability for
developers and citizens as to future growth and development patterns. Approval
of this request could adversely affect the public's reliance on the Plan to make
future decisions. The Plan has been used by both the development community as
well as individual citizens to make decisions.
Approval of this request could set a precedent for additional commercial
development in the areas designated on the Plan for mixed use corporate office and
under certain circumstances, multi-family residential uses. Commercial
development in these areas would violate the goals of both the Central Area Plan
and the Chester Village Plan to avoid typical strip commercial development along
the Route 10 Corridor.
The proposed zoning and land uses encroach into an existing and planned
residential area. The proposal fails to address appropriate transitions and
compatibility with the residential areas to the south and the commercial and
corporate office uses proposed by this application.
The proffered conditions contain typographical errors to include legality issues,
Zoning Ordinance violations, an incorrect title reference to the Master Plan and an
incorrect date reference to the conceptual plan.
(NOTES:
THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER
CONDITION. THE PROPERTY OWNERS 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.
THE FOLLOWING PROFFERS HAVE BEEN MODIFIED SINCE
THE COMMISSION'S CONSIDERATION OF THIS CASE. THE
2 99SNO295/WP/DEC 15H
APPLICANT MODIFIED THE PROFFERS IN AN ATTEMPT TO
CORRECT TYPOGRAPHICAL ERRORS THAT HAD BEEN
IDENTIFIED AT THE COMMISSION'S 3/IEETING. THESE
MODIFIED PROFFERS STILL CONTAIN TYPOGRAPHICAL
ERRORS.)
PROFFERED CONDITIONS
1. Utilities. Public water and wastewater systems shall be used. (U)
Timbering. Except for the tirabering 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)
Slormwater Managemem. Any stormwater management facility wilt be
designed to meet the following criteria:
For any area which drains to the Chester Fishing Club Pond, the developer
shall not opt-out of the Chesapeake Bay Preservation requirements. The
Best Management Practice (BMP) used for the development shall be
designed so that it can be monitored by the developer to determine if the
percentage of removal of phosphorous, as indicated by the State, is being
achieved. This monitoring plan shall be submitted by the developer to the
Department of Environmental Engineering's Water Quality Section for
their review and approval.
Uses.
Any open basins required for water quality or quality control shall be
designed as wet ponds and shall be landscaped or otherwise improved so
that the facilities become visual enhancements to, and amenities for, the
uses developed on the Property. The landscaping plan shall include
landscaping adjacent to the ponds. At the time of site plan review, a plan
depicting this requirement shall be submitted to the Planning Department
for review and approval. (EE)
The area designated as "C-Y' on the plan prepared by Balzer and
Associates, Inc., entitled Brander's Bridge and Route 10 Property,
Conceptual Zoning Plan, dated November 1, 1999 ("Conceptual Plan"),
shall be developed as a shopping center with outparcels. The maximum
area of the "C-3" area shall be 16.2 acres. Except as qualified herein, uses
permitted shall be those uses permitted by-right and those permitted with
3 99SN0295/WP/DEC 15H
restrictions in the C-3 District except the following uses shall not be
permitted:
i. Cocktail lounges, but not including sit-down restaurants or
cafeterias.
(Note: The purpose of this proffer is to restrict uses that primarily
sell on-premises alcoholic beverages; however, restaurants with
accessory sale of alcoholic beverages are not intended to be
included in this restriction.)
ii. Pool halls.
iii. Second hand shops.
(NOTE: Even in the event additional uses are allowed in the C-3
zoning classification, at no time shall multifamily housing,
townhouses, or pawnshops be permitted.)
The area designated as "0-2" on the "Conceptual Plan" shall be limited to
the following uses:
i. Access to any land that is located in an agricultural, office, business
or industrial district or used for agricultural, office, business or
industrial purposes.
ii. Art school, gallery or museum.
iii. Banks and savings and loan associations.
iv. Brokerages.
v. Churches and/or Sunday schools.
vi. Communication studios, stations and/or offices exclusive of towers.
vii. Eyewear sales and service.
viii. Libraries.
ix. Medical clinics.
x. Messenger or telegraph services.
xi. Offices.
xii. Post Office and mailing services.
xiii. Nursery schools and child or adult care centers.
xiv. Schools, business, dance, and/or music.
xv. Telephone exchanges.
xvi. Underground utility uses except as provided in section 19-145(a),
when such uses are located in easements or in public rights-of-way.
(P)
4 99SN0295/WP/DEC 15H
TRANSPORTATION
Prior to any final site plan approval, the following rights of way shall be dedicated,
free and unrestricted, to and for the benefit of Chesterfield County:
One hundred (100) feet of right of way on the south side of Route 10,
measured from the centerline of that part of Route 10, immediately adjacent
to the property;
Forty-five (45) feet of right of way on the east side of Branders Bridge
Road, measured from the centerline of that part of Branders Bridge Road,
immediately adjacent to the property; and
Forty-five (45) feet of right of way on the north side of West Hundred
Road, measured from the centerline of that part of West Hundred Road,
/mmediately adjacent to the property. (T)
Direct access from the property to Route 10 shall be limited to two (2)
entrance/exits. One (1) Route 10 access shall be located approximately midway
of the Route 10 property frontage, and the second Route 10 access shall be located
towards the eastern property line. Direct access from the property to Branders
Bridge Road shall be limited to one (1) entrance/exit that aligns Carver Heights
Drive. The Transportation Department may modify this proffered condition
regarding access to Branders Bridge Road to allow one (1) additional access to
Branders Bridge Road, if adequate access separation and road improvements
including construction of a raised median along Branders Bridge Road, as
determined by the Transportation Department, is provided. Direct access from the
property to West Hundred Road shall be limited to one (1) entrance/exit located
towards the eastern property line. The exact location of 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 ensure use of these accesses with adjacent properties. (T)
To provide an adequate roadway system, the developer shall be responsible for the
following:
Construction of an additional lane of pavement along the eastbound lanes
of Route 10 for the entire property frontage;
Construction of additional pavement along the eastbound lanes of Route 10
at each approved access to provide a separate right turn lane;
Construction of a new crossover on Route 10, east of the Branders Bridge
Road intersection, located towards the eastern property line. The exact
5 99SNO295/WP/DEC 15H
location of this crossover shall be approved by the Transportation
Department. Adequate left turn lanes shall be constructed in both
directions on Route 10 at this crossover;
Full cost of traffic signalization at the site access/Route 10 intersection, if
warranted as determined by the Transportation Department;
Construction of an additional lane of pavement along Branders Bridge Road
for the entire property frontage to include left and right turn lanes at the
site access/Branders Bridge Road intersection;
Full cost of traffic signal modification at the Branders Bridge Road/Route
10 intersection, if required as determined by the Transportation
Department;
Construction of additional pavement along West Hundred Road at the
approved access to provide left and right turn lanes; if warranted based on
Transportation Department standards;
Relocation of the ditch to provide an adequate shoulder along the north side
of West Hundred Road for the entire property frontage; and
i. Dedication to Chesterfield County, free and unrestricted for the
improvements identified above. (T)
Prior to any final site plan approval, a phasing plan for the required
road improvements, as identified in Proffered Condition 7, shall be limited to and
approved by the Transportation Department. (T)
Architecture.
Any building developed on the 0-2 Property shall have a residential
architectural style, materials and colors similar to the office buildings
associated with the Chesterfield Meadows Development located on Tax
ID's 773-661-9401, 774-660-2497, 773-660-9985, 774-660-3661 and
774-660-0957. Furthermore, no building within the "O-2" tract shall have
a gross floor area greater than twelve thousand square feet.
Any building developed on the C-3 Property shall have an architectural
style, materials and colors similar to the retail buildings associated with the
Chippendale Shopping Center located on Tax ID's 775-689-1840,
775-689-2972, 775-689-8931, 776-688-0199, and 776-688-5379. (P)
6 99SN0295/WP/DEC15H
10.
11.
12.
13.
14.
15.
Within the "C-3" tract, a seventy-five (75) foot buffer shall be maintained adjacent
to Tax ID's 783-652-3521 and 783-651-2283. Within the "O-2" tract, a fifty (50)
foot buffer shall be maintained adjacent to Tax ID 783-651-2283 and Branders
Bridge Road. These buffers shall conform to sections 19-520 (a), t9-521 and
19-522 of the Zoning Ordinance.
(NOTE: This condition allows modification of the buffer requirements by the
Planning Commission through site plan review.) (P)
The maximum height of any building in the "O-2" tract shall be 2 1/2 stories or
forty-five (45) feet, whichever is less. (P)
Within the "0-2" tract, buildings and parking shall be located as generally shown
on the plan prepared by "Balzer and Associates, Inc. ", entitled Brander's Bridge
and Route 10 Property 99SN0295." Specifically, buildings shall be located such
that parking is not located between the building facades which are generally
parallel to West Hundred Road, Brander's Bridge Road and the aforementioned
roads. (P)
Overall Design. The ultimate design of the development shall generally
conform with the Conceptual Plan prepared by Balzer and Associates, Inc., entitled
"Master Plan" dated November 1, 1999. The location of driveways, parking
areas, roads and buildings need not be exactly as shown on the Conceptual Plan;
however, the concepts of the Plan shall be generally adhered to such as the
relationship between uses within the development to each other and the relationship
of the uses to adjacent properties and public rights of way. (P)
Jack Shoosmith will contribute $100,000 toward bringing sewer to service the
subject property, Carver School and other properties as the County may require.
Such payment to be made at the time the construction of the sewer begins. (U)
Prior to an issuance of any occupancy permit for the subject property, public sewer
shall be extended to #783-651-2283, to the north line of West Hundred Road
adjacent to tax parcel #783-651-2283, and also to the northwest property comer of
tax parcel #783-651-5895 (Subject to obtaining appropriate construction and utility
easements from the owner of tax map #783-651-2283 at no additional cost to the
applicant.) (U)
7 99SNO295/WP/DEC15H
GENERAL INFORMATION
Location:
South line of Iron Bridge Road, east line of Branders Bridge Road and north line of West
Hundred Road. Tax ID 782-651-3577, 4567, 5761, 7069 and 9075; 782-652-0316, 5011
and 9213; and 783-652-1315 (Sheet 26).
Existing Zoning:
Corporate Office (0-2) with Conditional Use Planned Development and Agricultural (A)
Size:
20.5 acres
Existing Land
Single family residential and vacant
Ad_iacent Zoning & Land Use:
North - A; Single family residential and vacant
South - A and C-2; Single family residential and office
East - A; Single family residential
West - A; Public/semi-public (school) and vacant
UTILITIES
Public Water System:
There is an existing eight (8) inch water line extending along West Hundred Road adjacent
to portions of the request site~ In addition, there is an existing sixteen (16) inch water line
which transitions to an eight (8) inch water line along portions of Branders Bridge Road
and adjacent to portions of the request site. Use of the public water system is intended and
has been proffered. (Proffered Condition 1)
Public Wastewater System:
The public wastewater system is presently not available to the request site. Use of the
public wastewater system is intended and has been proffered by the applicants. (Proffered
Condition 1)
8 99SN0295/WP/DEC15H
Future wastewater service to the request site and adjacent properties, as well as the old
Carver Middle School site (now Thomas Dale West) and properties north of Route 10
between Chalkley Road and Ecoff Road will require the extension of a wastewater trunk
line from an existing trunk line located behind Ex:off Elementary School. This has been
the plan for serving this area for over ten (10) years. There have been two (2)
unsuccessful attempt in the past to create an assessment district to fund the construction of
this wastewater trunk extension. This had been pursued when an attempt at funding the
project through "private development interests" had failed. The request site was included
in the area that was considered for an assessment district.
Several years ago, interest was revived in pursing the wastewater trunk extension as a
"private development" endeavor. Several property owners, including the owners of the
request site, were to up funds to construct the trunk. Subsequently, the project was
designed, plans were approved, and bids received. Staff was advised in September that
the lowest bid was substantially higher than the original cost estin~ate. The project
engineer is currently evaluating alternatives, but staff has not been provided with revised
plans for review. Therefore, the time line for extending public wastewater service to this
area is unknown.
Proffered Conditions 14 and 15 address extension of public wastewater. The County
Attorney's office has advised staff that Proffered Condition 14, which offers a cash
contxibution towards the extension of public sewer conditioned upon the approval of this
zoning request under terms acceptable to the applicants, is illegal and therefore should not
be accepted. Further, the use of the public wastewater system has been proffered by the
applicants, exclusive of any special conditions. Proffered Condition 15 represents an
agreement with adjoining land owners to extend public sewer to serve their properties.
This represents a private arrangement between the developer and adjoining property
owners and is unrelated to this rezoning and therefore should not be accepted.
ENVIRONMENTAL
Drainage and Erosion:
The site drains to Ironbridge Road, then via crossover culverts to the northern side, and
eventually to Great Branch. Once of the crossover culverts drains into the existing lake
conm~only known as Chester Fishing Club Lake, with the other crossover culvert
bypassing the lake. There are no known off-site or on-site drainage or erosion problems,
and none are anticipated with development of the property. Off-site easements may be
necessary if the easternmost crossover pipe is not located to the front of the property being
rezoned. Due to development of this property and potential runoff from impervious areas,
the applicants have proffered to provide some form of water quality protection for the lake
with parameters for design. (Proffered Condition 3(a))
9 99SN0295/WP/DEC 15H
The applicants have proffered that this property will not be timbered except within the
purview of a land disturbance permit (Proffered Condition 2). Although Environmental
Engineering is not opposed to recommending acceptance of this proffer, there is little
remai~xing vegetation on this site to warrant concern.
Proffered conditions address design of any above ground facility required for water
quantity or quality control (SWM/BMP). Specifically, the proffers require that these areas
be designed as amenities for the uses developed on the property. (Proffered Condition
3(b))
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 Chester Fire/Rescue Station, Company Number
1 and Benstey-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.
Transportation:
This request will not limit development to a specific land use; therefore, it is difficult to
anticipate traffic generation. The applicants' conceptual zoning plan subdivides the
property into two (2) tracts: retail tract (C-3) and office tract (0-2). Based on shopping
center and general office trip rates, development could generate approximately 6,690
average daily trips. These vehicles will be distributed along Iron Bridge Road (Route 10)
and Branders Bridge Road which had 1997 traffic counts of 19,769 and 7,402 vehicles per
day, respectively, and along West Hundred Road which had a 1994 traffic count of 1,341
vehicles per day.
Included in the Virginia Deparhnent of Transportation (VDOT) Secondary Road
Improvement Program is a project to reconstruct Branders Bridge Road as a 2-1ane
roadway from the Carver Heights Drive intersection to south of the Happy Hill Road
intersection. Construction is anticipated to begin in Spring 2004.
The Thoroughfare Plan identifies Route 10 as a major arterial with a recommended right
of way width of 120 to 200 feet. The ~ also identifies Branders Bridge
Road and West Hundred Road as major arterials with recommended right of way widths
of ninety (90) feet. The applicant has proffered to dedicate 100 feet of right of way along
10 99SNO295/WP/DEC15H
Route 10 and forty-five (45) feet of right of way along both Branders Bridge Road and
West Hundred Road in accordance with that Plan. (Proffered Condition 5)
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, Branders Bridge Road and West Hundred Road, should be controlled. The
applicant has proffered that direct access from the property to Route 10 will be limited to
two (2) entrances/exits (Proffered Condition 6). One (1) Route 10 access will be located
approximately midway of the Route 10 property frontage, and the second Route 10 access
will be located towards the eastern property line.
Proffered Condition 6 also limits direct access from the property to Branders Bridge Road
to one (1) entrance/exit that aligns Carver Heights Drive. The proffer allows the
Transportation Department to modify this condition to allow one (1) additional access to
Branders Bridge Road, if adequate access separation is provided and road improvements
including construction of a raised median along Branders Bridge Road are provided as
determined by the Transportation Department. In addition to the raised median along
Branders Bridge Road, access improvements to Thomas Dale High School West may also
be required of the developer for staff to support this additional access to Branders Bridge
Road.
Direct access from the property to West Hundred Road will be limited to one (1)
entrance/exit located towards the eastern property line (Proffered Condition 6). The
proffer requires that an access easement(s) be recorded across the property to ensure shared
use of all these accesses with adjacent properties.
Mitigating road improvements must be provided to address the traffic impact of this
development. The applicants have proffered to: 1) construct an additional lane of
pavement along Route 10 for the entire property frontage; 2) construct additional pavement
along Route 10 at each approved access to provide a separate right turn lane; 3) construct
a new crossover on Route I0, east of the Branders Bridge Road intersection, located
towards the eastern property line. Adequate left turn lanes will be constructed in both
directions on Route 10 at this crossover; 4) provide full cost of traffic signalization at the
site access/Route 10 intersection, if warranted; 5) construct an additional lane of pavement
along Branders Bridge Road for the entire property frontage to include left and right turn
lanes at the site access/Branders Bridge Road intersection; 6) provide full cost of traffic
signal modification at the Branders Bridge Road/Route 10 intersection, if necessary; 7)
construct additional pavement along West Hundred Road at the approved access to provide
left and right turn lanes based on Transportation Department standards; and 8) relocate the
ditch to provide an adequate shoulder along the north side of West Hundred Road for the
entire property frontage. (Proffered Condition 7)
11 99SN0295/WP/DEC15H
At time of site plan review, specific recommendations will be provided regarding access
and internal circulation.
Comprehensive Plan:
Lies within the boundaries of the Chester Village Plan which suggests the property is
appropriate for a mixture of corporate office uses and under special circumstances multi-
family residential uses with a density of 7 to 10 units per acre on the northern portion of
the property and single family residential uses with a density of 1.01 to 2.5 units per acre
on the southern portion of the property.
While the request property lies within the boundaries of the Chester Village Plan, it is
located on the far western edge of the Plan boundaries. The Central Area Plan
encompasses property immediately to the west of the subject property along Route 10.
One of the goals of both Plans is to preclude typical strip commercial development along
the Route 10 Corridor. Both Plans provide for nodes of commercial services and
supporting uses at strategic locations such as within "The Village of Chester" or at major
intersections such as Route 10 and Chalkley Road.
Area Development Trends:
The majority of the area properties are currently zoned agricultural and are developed for
single family residential uses, a school and a church. The Chester Village Plan suggests
that the adjacent properties to the north and east are appropriate for a mixture of office and
multi-family uses. The area to the south is suggested for single family residential uses. A
portion of the area to the west is suggested for public/semi-public uses (Thomas Dale High
School Wes0. The area west of Branders Bridge Road is contained within the Central Area
Plan which suggests residential developments of various densities and offices as part of a
mixed use corridor. This area is currently developed for school, office and retail uses.
As indicated by both the Central Area Plan and the Chester Village Plan, the area in the
immediate vicinity of this request along Route 10 is not anticipated to be developed for
commercial uses.
On April 25, 1984, the Board of Supervisors approved a rezoning of a 7.61 acre portion
of the subject property from Agricultural (A) to Office Business (O) with a Conditional
Use Planned Development to permit a health club and offices. (Case 84S030)
12 99SN0295/WP/DEC 15H
On December 10, 1986, the Board of Supervisors approved the rezoning of an additional
3.52 acre portion of the subject property from Agricultural (A) to Office Business (O) with
a Conditional Use Planned Development to permit use exceptions (Case 86S103) and an
amendment to Case 84S030. In addition to Office Business (O) uses, this case permits
thirty (30) pement of the gross floor area to be occupied by Convenience (B-l) uses and
a health club. At the time of this zoning, a Master Plan was approved and conditions
required that the commercial uses be located generally in the central portion of the site in
those building shown as "Retail" with office uses surrounding the retail uses. A bank was
permitted at the corner of Route 10 and Branders Bridge Road. The other conditions
required compliance with development standards which are now commonly known as
"Emerging Growth District Standards." The current 0-2 zoning with Conditional Use
Planned Development was granted following the Commission's consideration of the prior
Central Area Plan which designated the property for office use. At the time of that
application, staff did not recommend approval of the commercial uses which had been
requested. However, following public hearings, it was the determination of the
Commission and Board that some limited commercial uses would be appropriate provided
the primary, uses were limited to office consistent with the Plan. It was the consensus that
the conditions imposed maintained the spirit and intent of the previous Central Area Plan
to limit or preclude strip commercial development along the Route 10 Corridor.
Site Design:
The request property lies within an Emerging Growth Area. If approved, development
must conform to the requirements of the Zoning Ordinance which address access, parking,
landscaping, architectural treatment, setbacks, signs, buffers, utilities, and screening of
dumpsters and loading areas.
The applicants have submitted a Conceptual Zoning Plan depicting the property divided
into two (2) parcels of development (Proffered Condition 4). A Master Plan, which is
intended to be a general guideline for the relationship between uses in these two (2)
parcels, has been included in this application. The Master Plan includes building
orientation, access, buff'ers, parking and drives. References to this Master Plan are made
in Proffered Conditions 12 and 13. It is important to note that both references to the
Master Plan do not reflect the correct title and date of the Plan, creating potential problems
with the enforceability of these Proffered Conditions.
The "C-3" parcel containing a maximum area of 16.2 acres and located along the northern
half of the subject property along Route 10, permits all Community Business (C-3) uses
identified in the Zoning Ordinance with the exception of cocktail lounges, pool halls and
second hand shops (Proffered Condition 4(a)). It is important to note that the reference
made to the "Conceptual Plan" in Proffered Condition 4(a) contains a plan date that differs
from that noted on the actual submitted "Conceptual Plan". This discrepancy could create
potential problems in the enforceability of this proffered condition.
13 99SN0295/WP/DEC 15H
The Master Plan depicts a retail/pharmacy use at the southeast quadrant of Route 10 and
Branders Bridge Road. Other uses along Route 10 include a gas station, restaurants and
a medical building. A bank is depicted along Branders Bridge Road. A shopping center
is centrally located within the project limits. A total of approximately 87,000 square feet
of retail and office space is depicted within the limits of this "C-3" parcel. There is no
guarantee that the development will be limited to this maximum square footage of retail
and office space without a specific proffered condition addressing this issue.
The "O-2" parcel, located along the southern half of the subject property, permits several
Corporate Office (O-2) uses, as identified in Proffered Condition 4(b). The Master Plan
proposes six (6) office buildings, each containing 4,000 square feet, and a maximum of
two and one-half stories or forty-five (45) feet, whichever is less, along West Hundred and
Branders Bridge Roads (Proffered Condition 11). It is apparently the applicants' intent to
attempt to address land use transition issues by proffering that this area would be limited
to primarily corporate office uses.
Architectural Treatment:
Architectural treatment of buildings, including materials, color and style, must be
compatible with buildings located within the same project. Compatibility may be achieved
through the use of similar building massing, materials, scale, colors and other architectural
features.
Within Emerging Growth Areas, no building exterior which would be visible to any A, R,
R-TH, R-MF or O 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 A, R, R-TH, R-MF or O District or
any public right of way. No building exterior may be constructed of unpainted concrete
block or corrugated and/or sheet metal.
All junction and accessory boxes must be minimized from view of adjacent property and
public rights of way by landscaping or architectural treatment integrated with the building
served. Mechanical equipment, whether ground-level or rooftop, must be screened from
view of adjacent property and public rights of way and designed to be perceived as an
integral part of the building.
The applicants have proffered an architectural treatment for the buildings to be developed
on the property (Proffered Condition 9). This proffered condition speaks to an
architectural style for the "C-3" parcel that is substantially different from that of the "0-2"
parcel. Specifically, buildings within the "0-2" parcel would have an architectural style,
14 99SN0295/WP/DEC 15H
materials and color similar to the office buildings at Chesterfield Meadows, located off
Route 10 and Centralia Road. This complex employs a colonial architectural style using
red brick and cedar shake roofs.
In contrast, buildings developed within the "C-3" parcel would have an architectural style,
materials and color similar to the Chippen_ham Crossing Shopping Center (formerly known
as Chippendale Shopping Center), located on Route 10 and Chippenham Parkway. This
retail center has transitional style with neoclassical elements and is constructed of split face
block and drivit with a seamed metal roof.
As previously noted, the Zoning Ordinance requires the architectural compatibility of
buildings located within the same project. The project examples selected by the applicants
are not compatible to each other in their architectural styles or materials, therefore, the
acceptance of this proffer would violate this Ordinance requirement. Further, as an entry
way into the Village of Chester, the colonial style represented by the Chesterfield
Meadows project is more in keeping wit the area's traditional architectural style that the
neotraditional style of the Chippenham center.
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 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.
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.
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 on which such
uses are not permitted and from public rights of way.
Adjacent properties to the east and southeast are zoned Agricultural (A) and are occupied
by single family residences. The Zoning Ordinance does not require a buffer along the
property boundary of the request site adjacent to these properties. Further, Agricultural
(A) properties south of West Hundred Road are also occupied by single family residences
or designated by the Plan for future residential development. The Ordinance does not
require provision of any buffers along West Hundred Road.
The applicants' proffered conditions require fifty (50) foot buffers along Branders Bridge
Road and adjacent to the eastern property line adjoining Tax ID 783-651-2283. A seventy-
five (75) foot buffer is depicted along the east and southeast property lines as they abut Tax
15 99SNO295/WP/DEC15H
ID 783-651-2283 and 783-652-3521 (Proffered Condition 10). These buffers shall comply
with the Zoning Ordinance relative to establishment and supplementation. These buffers
may be modified by the Planning Commission through the site plan review process.
The applicants' Master Plan depicts a fifty (50) foot buffer along West Hundred Road.
Proffered Condition 13 requires adherence to the concepts of this Plan relative to the
relationship of the proposed uses to adjacent properties and public rights of way. The
Plan, however, does not address the treatment of this buffer. Further, as previously noted,
this proffer does not correctly reference the Plan's title and date, creating potential
problems with the enforceability of this buffer.
CONCLUSIONS
The proposed zoning and land use do not conform with the Chester Villaee Plan which suggests
the property is appropriate for mixed use development of corporate office uses and under special
circumstances multi-family residential uses of 7 to 10 units per acre along Route 10 and single
family residential uses of 1.01 to 2.5 units per acre south of the Route 10 frontage, along West
Hundred Road.
The Plan suggests that corporate office uses along this section of Route 10 would include
professional and administrative offices as well as integrated supporting uses. Only under special
circumstances would uses such as multi-family housing and limited retail be included in this
category.
As previously noted, the applicants are requesting Community Business (C-3) uses along Route
10, a portion of which is currently zoned Corporate Office (0-2) with Conditional Use Planned
Development. In addition to Oft'ice Business (O) uses, this zoning permits thirty (30) percent of
the overall gross floor area of the development to be used for Convenience Business (B-I) uses
and a health club, if generally located in the central portion of the site. Referencing the approved
Master Plan, this would result in approximately 26,000 square feet devoted to retail uses. This
limitation represents the maximum flexibility afforded by the Plan in integrating supporting land
uses within this mixed use category designation. The proposed Master Plan depicts approximately
81,000 square feet of retail space located in a typical strip development pattern along Route 10.
While proffered conditions attempt to address transition and compatibility concerns, they fail to
accomplish the intent of the Plan.
The Plan supports single family development, extending from the southern limits of the existing
Corporate Office (0-2) zoning south along West Hundred Road. The subject property includes
a portion of this Plan area. The Plan's intent is to provide a compatible land use transition to
protect the existing/future single family development in this area. The applicants are attempting
to provide this transition within an area of the Plan designated for single family development.
16 99SNO295/WP/DEC15H
Overall, this proposal fails to address the goals of the Plan with respect to precluding and
discouraging strip connnercial development along the Route 10 Corridor. As previously discussed
herein, both the vcll~tlz~gg~P~ and the Central Area Plan strive to steer commercial
development at strategic intersections rather than in a linear fashion along Route 10. Both Plans
suggest commercial nodes coupled with such uses as office, office/warehouses and higher density
residential should be located at strategic intersections to avoid the typical strip commercial
development that has occurred along other major arterials in the County.
Another consideration is the public's reliance when making decisions based upon the adopted Plan.
Unlike the 1960's and 1970's, the public has begun to rely upon the County's actions and visions
relative to future growth and development. Those persons choosing to reside in the "single family
residential" areas desire and anticipate a neighborhood atmosphere protected from the
encroachment of commercial development.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (8/17/99):
The Commission, on their own motion, deferred this case to October 19, 1999. The
purpose of the deferral was to allow staff time to review proffered conditions submitted by
the applicants on August 6, 1999, subsequent to the completion of the Request Analysis
and to allow the applicants to address concerns stated herein as well as meet with area
property owners.
Staff (8/18/99):
The applicants were advised in writing that any significant new or revised information
should be submitted no later than August 23, 1999, fbr consideration at the Commission's
October public hearing.
Applicants, Area Residents, Staff and Bermuda District Commissioner (9/27/99):
A meeting was held to discuss the proposed development.
17 99SNO295/WP/DEC 15H
Applicants (10/4/99):
Revised and additional proffered conditions were submitted.
Planning Commission Meeting (10/19/99):
The Commission, on their own motion, deferred this case to November 16, 1999. The
purpose of the deferral was to allow staff time to review the revised and additional
proffered conditions and to allow the applicants an opportunity to address any concerns
that staff might have.
Staff (10/20/99):
The applicants were advised in writing that any significant new or revised information
should be submitted no later than October 25, 1999, for consideration at the Commission's
November public hearing.
Staff (10/29/99):
To date, no new information has been submitted by the applicants. Staff completed their
review of the applicants' proffered conditions received October 4, 1999, and left a message
with the applicants' representative to contact staff to discuss.
Staff (11/1/99):
The applicants were faxed suggested modification to the proffered conditions to clarify
their intent and ensure their enforceability. Staff requested revisions no later than
November 3, 1999, for consideration at the Commission's November public hearing.
Applicants (11/4/99):
The applicants indicated that any revision to the proffered conditions would not be made
available to staff before November 8, 1999. Staff indicated the inability to provide an
adequate evaluation of any amendments prior to the Commission's November meeting.
18 99SN0295/WP/DEC 15H
Applicants, Staff and Bermuda District Commissioner (11/10/99):
A meeting was held at the applicants' request to discuss modifications to the proffered
conditions.
Staff (11/15/99):
Revised proffered conditions were submitted. Staff performed a cursory review of the
revised proffers submitted November 15 and identified typographical errors, conflicts with
the Zoning Ordinance and legality issues.
Staff left a message with the applicants to discuss these issues.
Planning Commission Work Session (11/16/99):
The Planmng Commission was provided copies of the revised proffered conditions and was
advised of the errors identified in staff's cursory review of the document.
Plarming Commission Meeting (11/16/99):
The applicant did not accept the reconunendation. There was support and opposition
present. The individual in support indicated that this development was consistent with area
development along Route 10; that the Chester Village Plan is a guide, but land uses should
be ultimately driven by the market, provided such uses are not detrimental to adjacent
landowners; that there was a lack of forethought in the land use designations of the Plan
moving west from the core of Chester; and that Route 10 and Branders Bridge Road were
major arterials, lending this location to commercial development.
The individual in opposition expressed concern that this request violates the integrity of
the Plan. Concerns were also shared relative to the commercial development representing
an attractive nuisance for students attending the neighboring Thomas Dale West High
School.
Mr. Cunningham indicated that the proposal does not comply with the Chester Village
plan. He noted that the existing zoning conditions permit approximately 26,000 square
feet of retail uses; that he had unsuccessfully negotiated with the applicants to reduce the
proposed retail to approximately 30,000 square feet, to reconflgure the site design to
provide appropriate land use transitions and to provide appropriate architectural standards.
19 99SNO295/WP/DEC 15H
Mr. Shewmake noted that the Village Core of Chester needed to stand out among other
ama development; that transitional uses should be employed beyond the Core's limits; that
the applicant needs to respect a stopping point where retail uses do not extend beyond the
intersection of Route 10 and Branders Bridge Road to achieve this land use transition.
Messrs. Miller and Marsh expressed concerns that this case was not ready to go before the
Board of Supervisors in irs present form; that there were questions as to the level of retail
activity appropriate at this intersection while providing appropriate land use transitions;
that dialogue between the applicants and staff should continue in an effort to reconcile
differences.
On motion of Mr. Cunningham, seconded by Mr. Shewmake, the Commission
recommended denial of this request.
AYES: Messers. Cunningham and Shewmake.
ABSTENTIONS: Messrs. Miller and Marsh.
ABSENT: Mr. Gulley.
The Board of Supervisors, on Wednesday, December 15, 1999, beginning at 7:00 p.m., will take
under consideration this request.
20 99SNO295 /WP /D EC15H
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Rezoning: 0-2 & A TO C-3
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APPROVED MASTER PLAN
99SN0295-1
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December 15, 1999 BS
ADDENDUM
99SN0295
Jack T. and Nina V. Shoosmith
Berrauda Magisterial District
Intersection of West Hundred, Iron Bridge and Branders Bridge Roads
REOUEST: Rezonmg from Corporate Office (0-2) and Agricultural (A) to Community
Business (C-3).
On December 15, 1999. the applicant submitted the attached revised proffered conditions. These
modifications represent a significant deviation from the proffered conditions considered by the
Planning Commission. Therefore, staff recommends that this case be remanded to the Planning
Commission. However, should the Board wish to consider these revised proffered conditions,
they must unanimously agree to suspend their procedures, as such proffers were submitted later
than fifteen days prior to the Board's public hearing. Should the Board suspend their procedures,
staff continues to recommend denial of this request for the reasons outlined in the "Request
Analysis".
The modifications made to the proffered conditions that appear in the "Request Analysis"are
summarized as follows:
[Jses
The revised proffered conditions limit the Community Business "C-3" uses, which are proposed
within the northern portion of the property, to 85,000 gross square feet. This limitation excludes
uses permitted by right or with restrictions in the Neighborhood Office (O-1) District. An office
building, containing a minimum of 8,000 gross square feet, must be constructed in the
northeastern-most port/on of the C-3 tract. No more than 50,000 square feet of "C-3" uses,
excluding those permitted by right or restriction in the "O-1" District, can receive certificates of
occupancy until a certificate of completion has been issued for this office building. (Proffered
Condition 4Co))
Providing a FIRST CHOICE Community Through Excellence in Public Service
The proposed cap on retail development more than triples the commercial uses permitted under
the property's current zoning, and continues to exceed the maximum flexibility for limited retail
uses supported by the Plan. Further, the commitment to a minimum square footage for the
proposed office building is specific to the northeastern-most portion of the subject property.
Without specific controls over the size, scale and uses for the remaining portion of eastern project
boundary within the "C-3" tract, there is no guarantee that the appropriate land use transitions
between the subject commercial and adjacent residential developments to the east will be achieved,
nor the boundaries of commercial uses will be established. It should be noted that a certificate of
completion, as referenced in this proffer, requires that only the office building shall be
constructed, but not necessarily occupied by office use.
Architecture
The revised proffered conditions commit to an architectural style, materials and colors for all
buildings that is similar to the Rivers Bend Shopping Center or an equivalent, with the equivalent
subject to the Plarming Commission's determination. No building located within the "0-2" tract,
constituting the southern portion of the property, may exceed 12,000 square feet of gross floor
area. (Proffered Condition 6)
2 99SN0295/WP/DEC 15HH
COWAN & OWEN,
December 15, 1999
VIA FACSIMILE & tLkN'D DELIVERY
Beverly Rogers
Chesterfield Planning Department
Post Office Box 40
Chesterfield, Virgiltia 23832
SHOOSMITH - BRANDERS BRIDGE
Case No. 99SN0295
File No. 060706
Dear Beverly:
On behalf of the applicants, we restate, modify, and offer the following proffers:
Utilities.
Public water and wastewater systems shall be used.
Timbering: Except for timbering approved by the Virginia State Department of Forestry for
the purpose &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.
Stormwater Management. Any stormwater management facility will be designed to meet the
following criteria:
For any area that drains to the Chester Fishing Club Pond, the developer shall not opt-out of the
Chesapeake Bay Preservation requirements. The Best Management Practice (BMP) used
for the developmem shall be designed so that it can be monitored by the developer to
deternnne if the percentage of remora/of phnsphorous, as indicated by the State, is being
achieved. This monitoring pF, an shall be submiaed by the developer to the Deparanent of
E~vironmantal Engineering's Water Quality Section for their review and approval.
Any open basins required for water quality or quality control shall be designed as wet ponds and
shall be landscaped or otherwise, improved so that the facilities become visual
enhancements to. and amenities for, the uses developed on the Property. The landscaping
plan shall include landscaping adjacent to the ponds. At the time of site plan review, a
plan depicting this requirement shall be submitted to the Planning Department for review
and approval.
Except as qualified in paragraph b., the area designated as "C-Y' on the plan prepared by Balzer
and Associates, Inc.. entitled Branders Bridge and Route 10 Property, Conceptual Zoning
Plan, dated August 4. 1999 ("Conceptual Plan"), shall be developed as a shopping center
with out parcels: provided uses on that portion of the Berger track Tax I.D.//783-652-
1315. identified in paragraph b.. shall be limited to business, professional or medical
offices. The maximum area of the "C-Y' area shall be 16.2 acres: provided that C-3 uses,
excluding those uses ~crmincd by right or with restrictions in the Neighborhood Office
(O-1) District. shall not exceed 85.000 gross square feet.
A minimum of an 8,000 gross square lbot building shall be constructed at the northeastern most
portion of Tax I.D. #783-652-1315 (Berger tract); provided however, that a BMP may be
consUmcted between such building and Route 10. The uses permitted within this building
shall be limited to business, medical or professional office uses. Until certificates of
completion have been issued ~br this building, no more than 50,000 gross square feet of
C-3 uses, excluding those uses permitted by right or with restrictions in the Neighborhood
Office (O-I) District. shall receive any certificates of occupancy.
Except as qualified herein, the area designated as C-3 on the Conceptual Plan shall be limited to
those uses permitted by-fight and those permitted with restrictions in the C-3 District
except the following uses shall not be permitted:
Cockrta/l lounges and nightclubs, but not including sit-down restaurants or cafeterias.
(Note: The purpose of this proffer is to restrict uses that primarily sell
premises aicoholic bewrages; however, restaurants with accessory sale of
alcoholic beverages are not intended to be included in this restriction.)
Pool halls.
Second hand shops.
(NOTE: Even in the event additional uses are allowed in the C-3 zoning classification, at
no time shall muitifamily housing, townhouses, or pawnshops be permitted.)
The area designated as "O-2" on the "Conceptual Plan" shall be limited to the follo~ving uses:
Access to any land that is located in an agricultural, office, business or industrial district
or used for agr/cultural, office, business or industrial purposes.
Art school, gallery or museum.
Banks and savings and loan associations.
Brokerages.
Churches and/or Sunday schools.
Communication studios, stations and/or offices exclusive of towers.
Eyewear sales and ser~qce.
Libraries.
Medical clirfics.
Messenger or telegraph services.
Offices.
Post Office and mailing services.
Nursery schools and child or adult care cemers.
Schools. business, dance, and/or music.
Telephone exchanges.
Underground utility uses except as provided in section 19-145(a), when such uses are
located in easements or ht public right~-qf-~,ay.
Prior to any final site plan approval, the following fights ofx~y shall be dedictaed, free and
unrestricted, to and for the benefit of Chesterfield County:
One hundred (I00) feet of right of way on the south side of Route 10, measured fi'om the canterline
of that part of Rotae 10. immediately adjacent to the property;
Forty-five (45) feet of right of v~ay on the east side of Branders Bridge Road, measured fi.om die
centerline of that part of Branders Bridge Road, immediately adjacent to the property; and
Forty-five (45) feet of right of xxay on die north side of West Hundred Road, measured fi-om the
centerline of that part of West Hundred Road. immediately adjacent to the property.
Direct access fa'om the property to Route 10 shall be limited to two (2) enlx~uce/exits. One (1)
Route 10 access shall be located approximately midway of the Route 10 property frontage, and the
second Route l0 access shall be located toxmrds the eastern property line. Direct access fi.om the
property to Branders Bridge Road shall be limited to one (1) entrance/exit that aligns Carver
Heights Drive. The Transportation Department may modify this proffered condition regarding
access to Branders Bridge Road to allow one (i) additional access to Branders Bridge Road, if
adequate access separation and road improvements including construction of a raised median along
Branders Bridge Road. as determined by the Transportation Department, is provided. Direct
access fi`om the property, to West Hundred Road shall be limited to one (1) entrance/exit located
towards the eastern property~ line. The exact location of these accesses shall be approved by the
Transportation Department. Prior to any site plan approval, an access easement(s), acceptable to
the T~ansportation Department. shall be recorded across the property to ensure shared use of these
accesses with adjacent properties.
To provide an adequate roadway system, the developer shall be responsible for the following:
Construction of an additional lane of pavement along the eastbound lanes of Route 10 for the
entire property frontage;
Construction of additional pavement along the eastbound lanes of Route 10 at each approved
access to provide a separate right turn lane:
Construction of a new crossover on Route 10. east of the Branders Bridge Road intersection,
located towards the eastern property, line. The exact location of this crossover shall be
approved by the Transportation Depara~ent. Adequate left: turn lanes shall be constructed
in both directions on Route 10 at this crossover:
Full cost of tr-al]5c signalization at the site access/Route 10 intersection, if warranted as determined
by the Transportation Department:
Construction of an additional lane of pavement along Branders Bridge Road for the entire property
frontage to include left and right turn lanes at the site access/Branders Bridge Road
intersection;
Full cost of traffic signal modification at the Branders Bridge RoaddRoute 10 intersection, if
required as determined by the Transportation DeparUnent;
Construction of additional pavement along West Hundred Road at the approved access to provide
lef~ and right turn lanes; if warranted based on Transportation Depa.rnnent standards;
Relocation of the ditch to provide an adequate shoulder along the north side of West Hundred
Road for the entire property frontage; and
Dedication to Chesterfield County, free and unresnfcted, of any additional right-of-way (or
easements) required for the improvements identified above.
Prior to any final site plan approval, a phasing plan for the required road improvements, as
identified herein, shall be submitted to and approved by the Transportation Deparanent.
Architecture.
Any building developed on the O-2 Propen% including the building(s) on the eastern most portion
of the Berger tract, Tax I.D. #783-652-1315, shall have an architectural style, materials and
colors similar to the Rivers Bend Shopping Center or equivalent, with equivalent to be
determined by the plarmmg Commission. Furthermore, no building within the "O-2' tract
shall have a gross floor area greater than twelve thousand square feet.
Any building developed on the C-3 Property. shall have an architectural style, materials and colors
similar to the Rivers Bend Shopping Center or equivalent, with equivalent to be determined by
the planning Commission.
Buffer'4. Within the "C-3' tract, a seventy-five (75) foot buffer shall be maintained adjacent to Tax
ID's 783-652-3521 and 783-651-2283. Within the "O-2" tract, a fifty (50) foot buffer shall be
maintained adjacent to Tax ID 783-651-2283 and Branders Bridge Road. These buffers shall
conform to sections 19-520 (a), 19-521 and 1%522 of the Zoning Ordinance.
(NOTE: This condition allows modification of the buffer requirements by the Planning
ComXmssian through site plan review.)
FNC:tb
Building Height. The max'tmum height of any building in the "0-2" tract shall be 2 ½ stories or
forty-five (45) feet, whichever is less.
Site Desi~3q.
Within the '~O-2" tract, buildings and parking shall be located as generally shown on the plan
prepared by Balzer and Associates. Inc., entitled "Branders Bridge and Route 10 Property" dated
November 1. 1999. Specifically, buildings shall be located such that parking is not located
between the building facades that are generally parallel to West Hundred Road, Branders Bridge
Road and the ~orementioned roads.
The ultimate design of the development shall generally conform with the Plan prepared by BaLzer
and Associates. inc., entitled "Branders Bridge and Route 10 Property" dated November 1, 1999.
The location of driveways, parking areas, roads and buildings need not be exactly as shown on the
Plan: however, the concepts of the Plan ~t~a[1 be generally adhered to such as the relationship
between uses within the development to each other and the relationship of the uses to adjacent
properties and public rights of
Very truly yours.
COWAN & OWEN P.C.
Frank N. Cowan
99SN0295
In Bermuda Magisterial District, JACK T. AND NINA V.
SHOOSMITH requested rezoning and amendment of zoning
district map from Corporate Office (0 2) and Agricultural
(A) to Community Business (C 3). 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 which could include
corporate office and multi family residential uses of 7 to
10 units per acre and residential use of 1.01 to 2.5 units
per acre. This request lies on 20.5 acres fronting
approximately 1250 feet on the south line of Iron Bridge
Road, approximately 1000 feet on the east line of Branders
12/15/99
99 964
Bridge Road and approximately 900 feet on the north line of
West Hundred Road and located at the intersection of these
roads. Tax ID 782 651 3577, 4567, 5761, 7069 and 9075; 782
652 0316, 5011 and 9213; and 783 652 1315 (Sheet 26).
Mr. Jacobson stated that the staff has recommended that the
case be remanded to the Planning Commission because of new
proffered conditions received after the Planning
Commission's hearing of the case.
Mr. McHale stated that he is one thirtieth owner of an
adjacent property, declared a Conflict of Interest under the
Virginia Conflict of Interest Act regarding this request,
and excused himself from the meeting.
It was generally agreed that the Board would hear the case
rather than remand it to the Planning Commission.
12/15/99
99 965
99SN0295
In Bermuda Magisterial District, JACK T. AND NINA V.
SHOOSMITH requested rezoning and amendment of zoning
district map from Corporate Office (0 2) and Agricultural
(A) to Community Business (C 3). 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 which could include
corporate office and multi family residential uses of 7 to
10 units per acre and residential use of 1.01 to 2.5 units
per acre. This request lies on 20.5 acres fronting
approximately 1250 feet on the south line of Iron Bridge
Road, approximately 1000 feet on the east line of Branders
Bridge Road and approximately 900 feet on the north line of
12/15/99
99 1004
West Hundred Road and located at the intersection of these
roads. Tax ID 782 651 3577, 4567, 5761, 7069 and 9075; 782
652 0316, 5011 and 9213; and 783 652 1315 (Sheet 26).
Because of the conflict of interest declared earlier
relative to this case, Mr. McHale excused himself from the
meeting.
Ms. Rogers presented a summary of Case 99SN0295 and stated
that the proffered conditions do not necessarily require the
layout that is depicted on the Comprehensive Plan for the
area and only represent a relationship between the buildings
that could be developed on the property and the adjacent
land uses. She further stated that revised proffered
conditions were submitted today which would limit the C 3
uses to the northern part of the property to a maximum of
85,000 gross square feet; allow for other office uses to be
developed on the property; require on the northeastern
portion of the tract at least an 8,000 square foot office
building; allow other retail uses to be located in the
quadrant; and require an architectural style similar to the
Rivers Bend Shopping Center. She stated that the original
proffered conditions contained two illegal proffers which
have been withdrawn. She further presented a summary of
both the Chester Village Plan as well as the Central Area
Plan, both of which suggest nodes of commercial development
at the intersection of Chalkley Road, in the Village of
Chester, and at the intersection of Jefferson Davis Highway
and Route 10, with transitional uses between those nodes of
commercial development in an effort to preclude typical
strip commercial development. She stated that the subject
property lies in an area designated for transitional uses.
She further stated that staff recommends denial of the
request and that the Planning Commission recommended denial,
on a vote of two for denial, two against the recommendation
for denial and one commissioner being absent, because the
proposed development fails to conform to the Chester Village
Plan, which suggests that the property should be developed
for transitional uses, such as offices and, only under
special circumstances, higher density residential uses. She
stated that the Planning Commissioners who voted to deny the
request indicated that the proposal does not comply with the
Plan and, as styled at the time of their consideration,
failed to place a cap on the amount of retail, establish
land use transition, and provide appropriate architectural
standards. She further stated that the Commissioners voting
not to deny the request indicated that it was their opinion
that the case was not ready to be forwarded to the Board and
that negotiations should continue in an effort to reach a
compromise relative to the amount of commercial square
footage that would be appropriate and to attempt to provide
for appropriate land use transitions.
There was brief discussion relative to the requirement for
8,000 square feet of office space in the eastern corner of
the subject property and the restriction of no more than
50,000 square feet of C 3 uses prior to the construction of
an 8,000 square foot office building.
Mr. Barber referenced a case in Bon Air where commercial
12/15/99
99 1005
development was in conflict with the plan for the area but
the neighboring citizens agreed that, if office development
could occur in a timely manner, it would not be so intrusive
and would be of higher quality.
There was brief discussion relative to the limitations for
both office and retail uses in the proposed development.
Mr. Frank Cowan, representing the applicant, stated that the
applicant desires to protect the integrity of the Chester
Plan with transitional 0 2 zoning to the rear; an 8,000
square foot building for office use on the eastern property
line; and no more than 50,000 square feet of C 3 uses
allowed to be built prior to a certificate of completion for
the office building. He further stated the neighboring
property, Thomas Dale High School Annex, is in need of sewer
and the applicant volunteered to make contributions to
assist in the extension of the public wastewater as part of
the original proffered conditions. He stated that, since
the Planning Commission meeting, the applicant has agreed by
proffered condition to limit C 3 uses to 85,000 square feet
and develop the subject property according to the Rivers
Bend Shopping Center architectural standards or equivalent,
and requested that the Board approve the proposed
development.
Mrs. Phyllis Bass, a member of the Chester Village Planning
Committee and Chairman for the Coalition for Chester
Village, read an amendment to the Chester Village Plan
adopted September 13, 1989 and stated that she feels the
request should be denied in an effort to maintain the intent
of the Plan.
There was brief discussion relative to acceptance of the
additional proffered conditions.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the
Board suspended its rules to allow for consideration of the
revised proffered conditions.
Ayes: Daniel, Barber, and Humphrey.
Nays: None.
Absent: McHale and Warren.
There was brief discussion relative to the location of the
subject property.
Mr. Barber stated that he feels the issue of preservation of
the Plan is important and that, if the Board recommends
approval, then the proposed office building will become the
demarcation for the transition that the Plan calls for.
Mrs. Humphrey stated that the request is not consistent with
the Plan, while her reason for considering approval of the
case is a sewer assessment district which has been proposed
for the area to serve the Thomas Dale High School Annex.
Mr. Daniel stated that he feels the proposed development is
a reasonable use when compared to existing uses in the area.
12/15/99
99 1006
Mr Daniel then made a motion for the Board to approve Case
99SN0295 and accept the proffered conditions, as amended.
Mrs. Humphrey seconded the motion.
Mr. Daniel called for a vote on the motion made by him,
seconded by Mrs. Humphrey, for the Board to approve Case
99SN0295 and accept the following proffered conditions:
1 Utilities. Public water and wastewater systems shall
be used. (U)
2 Timberinq. 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)
3 Stormwater Management. Any stormwater management
facility will be designed to meet the following
criteria.
For any area that drains to the Chester Fishing Club
Pond, the developer shall not opt out of the Chesapeake
Bay Preservation requirements. The Best Management
Practice (BMP) used for the development shall be
designed so that it can be monitored by the developer
to determine if the percentage of removal of
phosphorous, as indicated by the State, is being
achieved. This monitoring plan shall be submitted by
the developer to the Department of Environmental
Engineering's Water Quality Section for their review
and approval.
Any open basins required for water quality or quality
control shall be designed as wet ponds and shall be
landscaped or otherwise improved so that the facilities
become visual enhancements to, and amenities for, the
uses developed on the Property. The landscaping plan
shall include landscaping adjacent to the ponds. At
the time of site plan review, a plan depicting this
requirement shall be submitted to the Planning
Department for review and approval. (EE)
Except as qualified in paragraph b., the area
designated as "C 3" on the plan prepared by Balzer
and Associates, Inc., entitled Brander's Bridge
and Route 10 Property, Conceptual Zoning Plan,
dated August 4, 1999 ("Conceptual Plan"), shall be
developed as a shopping center with out parcels;
provided uses on that portion of the Berger tract,
Tax I.D. #783 652 1315, identified in paragraph
b., shall be limited to business, professional or
medical offices. The maximum area of the "C 3"
area shall be 16.2 acres; provided that C 3 uses,
excluding those uses permitted by right or with
restrictions in the Neighborhood Office (0 1)
District, shall not exceed 85,000 gross square
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feet.
b. A minimum of an 8,000 gross square foot building
shall be constructed at the northeastern most
portion of Tax I.D. #783 652 1315 (Berger tract);
provided however, that a BMP may be constructed
between such building and Route 10. The uses
permitted within this building shall be limited to
business, medical or professional office uses.
Until certificates of completion have been issued
for this building, no more than 50,000 gross
square feet of C 3 uses, excluding those uses
permitted by right or with restrictions in the
Neighborhood Office (0 1) District, shall receive
any certificates of occupancy.
c. Except as qualified herein, the area designated as
C 3 on the Conceptual Plan shall be limited to
those uses permitted by right and those permitted
with restrictions in the C 3 District except the
following uses shall not be permitted:
Cocktail lounges and nightclubs, but not including
sit down restaurants or cafeterias.
(Note: The purpose of this proffer is to restrict
uses that primarily sell on premises alcoholic
beverages; however, restaurants with accessory
sale of alcoholic beverages are not intended to be
included in this restriction.)
Pool halls.
Second hand shops.
(NOTE: Even in the event additional uses are
allowed in the C 3 zoning classification, at no
time shall multifamily housing, townhouses, or
pawnshops be permitted.)
d. The area designated as "0 2" on the "Conceptual
Plan" shall be limited to the following uses:
Access to any land that is located in an
agricultural, office, business or industrial
district or used for agricultural, office,
business or industrial purposes.
Art school, gallery or museum.
Banks and savings and loan associations.
Brokerages.
Churches and/or Sunday schools.
Communication studios, stations and/or offices
exclusive of towers.
Eyewear sales and service.
Libraries.
Medical clinics.
Messenger or telegraph services.
Offices.
Post Office and mailing services.
Nursery schools and child or adult care centers.
Schools, business, dance, and/or music.
Telephone exchanges.
Underground utility uses except as provided in
section 19 145(a), when such uses are located in
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(P)
easements or in public rights of way.
5. Transeortatlon
a. Prior to any final site plan approval, the
following rights of way shall be dedicated, free
and unrestricted, to and for the benefit of
Chesterfield County:
One hundred (100) feet of right of way on the
south side of Route 10, measured from the
centerline of that part of Route 10, immediately
adjacent to the property;
Forty five (45) feet of right of way on the east
side of Branders Bridge Road, measured from the
centerline of that part of Branders Bridge Road,
immediately adjacent to the property; and
Forty five (45) feet of right of way on the north
side of West Hundred Road, measured from the
centerline of that part of West Hundred Road,
immediately adjacent to the property. (T)
b. Direct access from the property to Route 10 shall
be limited to two (2) entrance/exits. One (1)
Route 10 access shall be located approximately
midway of the Route 10 property frontage, and the
second Route 10 access shall be located towards
the eastern property line. Direct access from the
property to Branders Bridge Road shall be limited
to one (1) entrance/exit that aligns Carver
Heights Drive. The Transportation Department may
modify this proffered condition regarding access
to Branders Bridge Road to allow one (1)
additional access to Branders Bridge Road, if
adequate access separation and road improvements
including construction of a raised median along
Branders Bridge Road, as determined by the
Transportation Department, is provided. Direct
access from the property to West Hundred Road
shall be limited to one (1) entrance/exit located
towards the eastern property line. The exact
location of 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 ensure shared use
of these accesses with adjacent properties. (T)
c. To provide an adequate roadway system, the
developer shall be responsible for the following:
Construction of an additional lane of pavement
along the eastbound lanes of Route 10 for the
entire property frontage;
Construction of additional pavement along the
eastbound lanes of Route 10 at each approved
access to provide a separate right turn lane;
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of the Branders Bridge Road intersection, located
towards the eastern property line. The exact
location of this crossover shall be approved by
the Transportation Department. Adequate left turn
lanes shall be constructed in both directions on
Route 10 at this crossover;
Full cost of traffic signalization at the site
access/Route 10 intersection, if warranted as
determined by the Transportation Department;
Construction of an additional lane of pavement
along Branders Bridge Road for the entire property
frontage to include left and right turn lanes at
the site access/Branders Bridge Road intersection;
Full cost of traffic signal modification at the
Branders Bridge Road/Route 10 intersection, if
required as determined by the Transportation
Department;
Construction of additional pavement along West
Hundred Road at the approved access to provide
left and right turn lanes; if warranted based on
Transportation Department standards;
Relocation of the ditch to provide an adequate
shoulder along the north side of West Hundred
Road for the entire property frontage; and
Dedication to Chesterfield County, free and
unrestricted, of any additional right of way (or
easements) required for the improvements
identified above.
Prior to any final site plan approval, a phasing
plan for the required road improvements, as
identified herein, shall be submitted to and
approved by the Transportation Department. (T)
6. Architecture.
Any building developed on the 0 2 Property,
including the building(s) on the eastern most
portion of the Berger tract, Tax I.D. #783 652
1315, shall have an architectural style, materials
and colors similar to the Rivers Bend Shopping
Center or equivalent, with equivalent to be
determined by the Planning Commission.
Furthermore, no building within the "0 2" tract
shall have a gross floor area greater than twelve
thousand square feet.
b. Any building developed on the C 3 Property shall
have an architectural style, materials and colors
similar to the Rivers Bend Shopping Center or
equivalent, with equivalent to be determined by
the Planning Commission. (P)
Buffer. Within the "C 3" tract, a seventy five (75)
foot buffer shall be maintained adjacent to Tax Id's
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783 652 3521 and 783 651 2283. Within the '~0 2" tract,
a fifty (50) foot buffer shall be maintained adjacent
to Tax ID 783 651 2283 and Branders Bridge Road. These
buffers shall conform to sections 19 520 (a), 19 521
and 19 522 of the Zoning Ordinance. (P)
(NOTE: This condition allows modification of the buffer
requirements by the Planning Commission through site
plan review.)
8. Building Height. The maximum height of any building
in the '~0 2" tract shall be 2~ stories or forty five
(45) feet, whichever is less. (P)
9. Site Design.
a. Within the '~0 2" tract, buildings and parking
shall be located as generally shown on the plan
prepared by Balzer and Associates, Inc., entitled
'~Branders Bridge and Route 10 Property" dated
November 1, 1999. Specifically, buildings shall
be located such that parking is not located
between the building facades that are generally
parallel to West Hundred Road, Branders Bridge
Road and the aforementioned roads.
b. The ultimate design of the development shall
generally conform with the Plan prepared by Balzer
and Associates, Inc., entitled "Branders Bridge
and Route 10 Property" dated November 1, 1999.
The location of driveways, parking areas, roads
and buildings need not be exactly as shown on the
Plan; however, the concepts of the Plan shall be
generally adhered to such as the relationship
between uses within the development to each other
and the relationship of the uses to adjacent
properties and public rights of way.
Ayes: Daniel, Barber, and Humphrey.
Nays: None.
Absent: McHale and Warren.
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