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00SN0173-FEB9.pdfFebruary 9, 2000 BS ADDENDUM 00SN0173 Liberty Property Development Corporation Bermuda Magisterial District Northwest quadrant of East Hundred Road and Kingston Avenue Amend Conditional Use Planned Development Case 87S039 to permit use exceptions and exceptions to building size, architectural treatment, hours of operation and uses permitted outside of enclosed buildings. On January 28, 2000, the applicant submitted the following revised proffered conditions. These revisions increase the minimum height of the proposed berm within the 100 foot buffer from ten (10) to thirteen (13) feet as measured from the centerline elevation of Bermuda Hundred Road, delete the requirement that this berm be undulating in its design and establish that site grading may encroach no further than twenty-one (21) feet into this buffer, as measured from its southern edge. Further, the revised proffers would permit, subject to the Planning Commission's approval at the time of site plan consideration, the removal of some mature trees within the buffer to accommodate tapering of the berm. Staff believes the transition between the berm's edge and the location of mature trees may be successfully accomplished without an encroachment into this existing tree line and would therefore not support such a proposal if requested through the site plan review process. The revised proffers also clarify that this 100 foot buffer is to be measured from the edge of the existing right-of-way of Bermuda Hundred Road. The County's adopted Thoroughfare Plan designates Bermuda Hundred Road as a collector road with an ultimate right of way width of seventy (70) feet, which is approximately twenty (20) feet wider than the limits of the existing right of way. It has always been staff's practice to establish required buffers from this ultimate right of way line, thereby eliminating the potential for the removal of approximately ten (10) feet of vegetation from the buffer's northern limits should the road be widened in the future. Providing a FIRST CHOICE Community Through Excellence in Service. Staff continues to recommend denial of this request for the reasons outlined in the "Request Analysis" and noted herein. Since these proffers were not submitted in accordance with the Board's procedures, the Board must suspend their rules to consider the changes. PROFFERED CONDITIONS Amend condition 18.A. parts 19 and 20 to read: 19. Hotel, not to exceed a maximum height of four (4) stories, provided a 100' buffer (as measured from the edge of right-of-way existing at the time of approval of this case) is maintained along the northern boundary of the tract, for as long as the adjacent lots remain in residential use. Such buffer may contain areas necessary for right-of-way and for grading necessary to depress the parking lots and/or the buildings along the rear of the Property and as generally shown on~ The buffer shall consist of the existing mature trees, except where necessary to achieve the grading. Such grading (from the project site) shall not extend more than 21' into the buffer, as measured from the southern edge of the 100' buffer. Such buffer shall comply to Section 19-520 (a), and 19-521 (b), (e), (f), and (h) (except as provided herein) of the Zoning Ordinance and shall be planted at two and a half times the density of perimeter landscaping C with the provision that the berm shall be a minimum of 13' high and provided where existing mature trees do not exist (see ~). The height of the berm shall be measured from the center line elevation of Bermuda Hundred Road. Such measurement shall be continuous along the property line with Bermuda Hundred Road except where the berm begins and ends to allow tapering of the berm. The berm shall be designed so that the existing mature trees are protected except that, at the time of site plan approval, the Planning Commission may allow the removal of some existing mature trees in the buffer in order to accommodate the taper of the berm. 20. Uses permitted in Condition 20 of case 87S039 provided a 100' buffer (as measured from the edge of right-of-way existing at the time of approval of this case) is maintained along the northern boundary of the tract, for as long as the adjacent lots remain in residential use, except that hospitals, rest, nursing and convalescent homes, fast food restaurants, gasoline sales, automobile self-service stations, frozen food locker and sales, funeral homes or mortuaries, greenhouses and nurseries, and occult sciences shall not be permitted. Such buffer may contain areas necessary for right-of-way and for grading necessary to depress the parking lots and/or the buildings along the rear of the Property and as generally shown on ~ The buffer shall consist of the existing mature trees, except where necessary to achieve the grading. Such grading (from the project site) shall not extend more than 21' into the buffer, as measured from the southern edge of the 100' buffer. Such buffer shall comply to Section 19-520 (a), and 19-521 (b), (e), (f), and (h) (except as provided herein) of the Zoning Ordinance and shall be 00SN0173/WP/FEB9JJ planted at two and a half times the density of perimeter landscaping C with the provision that the berm shall be a minimum of 13' high and provided where existing mature trees do not exist (see Exhibit A). The height of the berm shall be measured from the center line elevation of Bermuda Hundred Road. Such measurement shall be continuous along the property line with Bermuda Hundred Road except where the berm begins and ends to allow tapering of the berm. The berm shall be designed so that the existing mature trees are protected except that, at the time of site plan approval, the Planning Commission may allow the removal of some existing mature trees in the buffer in order to accommodate the taper of the berm. 3 00SN0173/WP/FEB9JJ February 9, 2000 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 00SN0173 Liberty Property Development Corporation Bermuda Magisterial District Northwest quadrant of East Hundred Road and Kingston Avenue Amend Conditional Use Planned Development (Case 87S039) to permit use exceptions and exceptions to building size, architectural treatment, hours of operation and uses permitted outside of enclosed buildings. PROPOSED LAND USE: A hotel, freestanding restaurant, bank, convenience store/gas station and a complex of office, restaurant and shops are planned. However, with approval of this request, other uses as listed in Condition 18 (A) would be permitted. PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL. AYES: MR. CUNNINGHAM. ABSTENTIONS: MESSRS. MARSH, GECKER AND LITTON. ABSENT: MR. GULLEY. STAFF RECOMMENDATION Recommend denial for the following reasons: Although the Eastern Area Land Use and Transportation Plan suggests the property is appropriate for commercial uses, the Plan also supports maintaining residential single family land uses adjacent to and north and northwest of the subject property. Providing a FIRST CHOICE Community Through Excellence in Public Service. A goal of the Plan is to protect established residential communities as non- residential development occurs. This request does not address a transition between the proposed commercial land uses and existing area residential development. The proposed amendments to, and deletion of, zoning conditions addressing architectural compatibility with surrounding residential neighborhoods, limitations on building square footages and hours of operation as well as the expansion upon uses permitted outside of enclosed buildings could adversely impact the neighboring residential developments that the Plan strives to protect. The proffers fail to provide for architectural compatibility within the project; provide for assurances relative to site design; or insure preservation of a minimum 100 foot buffer from the ultimate right of way of Bermuda Hundred Road. The proposed access locations to Kingston Avenue and Route 10 do not meet the minimum spacing requirements from existing road intersection, as recommended by the Transportation Department. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) With respect to the northern portion of Tract g in Land Bay Five, lying generally adjacent to Bermuda Hundred Road, amend condition 18 in case 87S039 to read: 18. No buildings, structures or premises shall be used, arranged, or designed to be used except for one or more of the following uses: 1. Offices: business, governmental, medical, or professional. 2 Libraries. 3. Brokerages. 4. Churches and/or Sunday Schools. 5. Convalescent homes, nursing homes, rest homes. 2 00SN0173/WP/FEB9J 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Day care centers (child or adult). Group care facilities. Museums. Propagation and cultivation of crops, flowers, trees, and shrubs which are not offered for sale. Public and private forests, wildlife preserves and conservation areas. Travel agencies to include travel arranging and transportation ticket services. Utility uses located underground when such uses are located in easements, or in public roads rights of way. Medical clinics provided that neither the business nor the building is designed to accommodate ambulance traffic. Optometrist sales and service provided that the sales and servicing of eyewear is done by an optometrist as an accessory use in conjunction with a medical practice; and not more than fifteen (15) percent of the gross floor area is devoted to such sales and services. Pharmacies provided that the use is located in a building containing other medical services; and does not have a separate entrance to the outside. Temporary construction trailers/buildings provided that the temporary structure is devoted exclusively to construction activities on the premises; and is removed upon completion or abandonment of construction activities. Veterinary offices provided that no boarding is permitted; no outside runs are permitted; and no overnight care is permitted. Public and private utility uses, so long as they require a structure, to include all water and waste water pumping stations; electric, gas, communications, and natural gas, liquified petroleum gas (LPG) and petroleum products transmissions facilities; in addition, natural gas, liquifled petroleum gas, and petroleum products transmission 3 00SN0173/WP/FEB9J 19. 20. facilities above or below ground, provided that all such uses which are visible from adjacent residential or office zoned properties or properties currently zoned Agricultural (A) and shown on the General Plan as residential or office uses are enclosed within a structure having a style and character compatible with surrounding residential or office structures or are completely screened from view from such adjacent properties. Hotel, not to exceed a maximum height of four (4) stories, provided a 100' buffer is maintained along the northern boundary of the tract, for as long as the adjacent lots remain in residential use. Such buffer may contain areas necessary for right-of-way and for grading necessary to depress the parking lots and/or the buildings along the rear of the Property and as generally shown on Exhibit A. The buffer shall consist of the existing mature trees, except where necessary to achieve the grading. Such buffer shall comply to Section 19-520 (a), and 19-521 Co), (e), (f), and (h) (except as provided herein) of the Zoning Ordinance and shall be planted at two and a half times the density of perimeter landscaping C with the exception that the undulating berm shall be a minimum of 10' where existing trees do not exist. The height of the berm shall be measured from the average undisturbed grade elevation in the area where the berm is to be installed. Uses permitted in Condition 20 of case 87S039 provided a 100' buffer is maintained along the northern boundary of the tract, for as long as the adjacent lots remain in residential use, except that hospitals, rest, nursing and convalescent homes, fast food restaurants, gasoline sales, automobile self-service stations, frozen food locker and sales, funeral homes or mortuaries, greenhouses and nurseries, and occult sciences shall not be permitted. Such buffer may contain areas necessary for right-of-way and for grading necessary to depress the parking lots and/or the buildings along the rear of the Property and as generally shown on ~ The buffer shall consist of the existing mature trees, except where necessary to achieve the grading. Such buffer shall comply to Section 19-520 (a), and 19-521 Co), (e), (f), and (h) (except as provided herein) of the Zoning Ordinance and shall be planted at two and a half times the density of perimeter landscaping C with the exception that the undulating berm shall be a minimum of 10' where existing trees do not exist. The height of the berm shall be measured from the average undisturbed grade elevation in the area where the berm is to be installed. 4 00SN0173/WP/FEB9J B. The following required conditions shall be met and shall be in addition to other conditions outlined in the Textual Statement and conditions herein: 1. No goods shall be produced for retail sale on the premises. No outdoor storage shall be permitted on the Property, provided, however, continuous outdoor display shall be permitted as regulated in the C-3 zoning district, and accessory uses such as a swimming pool, pool equipment sheds, newspaper boxes, valet parking stands, benches or other pedestrian amenities, outdoor plazas or seating areas (including those for restaurants) shall not be considered outdoor storage. All other uses shall be conducted entirely within an enclosed building. 3. Loading docks and drive-in loading doors shall be prohibited. (P) pROFFERED CONDITIONS There shall be no direct vehicular access from the Property to Bermuda Hundred Road. (T) All parking lot lighting north of the access road, generally in the area noted on ~ as a hotel, restaurant and shops, but not to include the area noted as retail/c-store and retail/bank, shall be a maximum of 14 feet in height as measured from the top of the curb. (P) Any hotel window that faces Bermuda Hundred Road shall be made of a translucent material, which allows light penetration but restricts clear visibility out of the hotel. (P) The ultimate design of the development on the Property shall generally conform to the conceptual plan attached hereto as Exhibit A. The location of driveways, parking areas, roads and buildings need not be exactly as shown on Exhibit A; however, the concepts of the plan shall be generally adhered to, particularly in the northern portion of the Property. A hotel, a maximum of four (4) stories in height, shall be located in the northwest quadrant of the Property. Any freestanding restaurant shall be located in the area generally to the east, south, or southeast, of the proposed hotel. Any freestanding restaurant to the southeast of the hotel shall be associated with the hotel by means of pedestrian access, shared parking, or other means as determined by the Planning Department. In addition, the retail uses in the northeast portion of the Property shall be limited to those uses specified in Condition 18. Finally, the concepts of Exhibit A shall be 5 00SN0173/WP/FEB9J generally adhered to with respect to the relationship of buildings, one to the other, and to adjacent properties and public rights-of-way. (P) [Note: E~bitA - Plan titled "General Plan, Amerisuites Hotel at River's Bend Center, Bermuda District" prepared by Walter M. Altman, PE, CLASS, dated December 10, 1999, last revised January 18, 2000.] (STAFF NOTE: The Plan has not been reviewed through the zoning process in detail with respect to Ordinance requirement and therefore, modification may be necessary to comply with these requirements; however, this proffer must also be complied with. To date, it appears that at a minimum the plan must be revised to reflect required setbacks from public rights of way.) No use located in the northeast portion of the Property noted on~ as "shops at River's Bend" shall be opened to the public between 12 midnight and 6 a.m. (P) The buildings located on the Property shall be compatible in architectural style, colors and materials to the designs shown on .Fal~lii0~LB~LaaILI~, except that the hotel roof shall be flat with a false parapet and gable features as shown on ~. The exact treatment shall be approved by the Planning Commission at the time of site plan review. The materials for the buildings located on Property shall include brick, split face block, synthetic stucco, siding, or stone. Further, any building(s) located in the northeast portion of the Property noted on ~ as "shops at River's Bend" shall be limited to one story in height, a maximum of 10,000 square feet of enclosed space (not including covered wal~ways or canopy areas), and the roof line of such building(s) shall not have the appearance of a flat roof. (P) GENERAL INFORMATION Location: North line of East Hundred Road, west line of Kingston Avenue, in the northwest quadrant of the intersection of these roads. Tax ID 818-652 Part of 9615 (Sheet 27). Existing Zoning: R-15 with Conditional Use Planned Development 6 00SN0173/WP/FEB9J Size: 8.737 acres Vacant Adjacent Zoning & Land U~e: North - R-7; Single family residential South - C-3; Commercial or vacant East - R-15; Commercial West - C-3 and A; Vacant Public Water System: There is an existing twelve (12) inch water line extending along the north side of Route 10, adjacent to the request site. In addition, there is an existing twelve (12) inch water line along Bermuda Hundred Road and a twelve (12) inch water line along Kingston Avenue. Both of these water lines are adjacent to the request site. Use of the public water system is required by an existing condition of Case 87S039. (Condition 5) Public Wastewater System: There is an existing eight (8) inch wastewater collector line terminating at the intersection of Bermuda Hundred Road and Kingston Avenue. Use of the public wastewater system is required by an existing condition of Case 87S039. (Condition 6) Drainage and Erosion: The proposed amendment will allow exceptions to permitted land uses and specific development standards. This amendment will not alter the existing environmental engineering conditions and proffers on the property. 7 00SN0173/WP/FEB9J Fire Service: This property is currently served by the Enon Fire/Rescue Station, Company Number 6 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. In 1988, the Board of Supervisors approved a rezoning request (Case 87S039) on 972.5 acres for a mixed-use development that included multi-family and single family residential, office, commercial and industrial uses. As part of that approval, the Board of Supervisors imposed several transportation conditions and accepted several transportation proffers that address, among other things, maximum density of development, rights of way dedication, access control and construction of mitigating road improvements. The subject property was included in that 972.5 acre rezoning case. Part of the requested amendment will allow exceptions to the permitted land uses and specific development standards. This part of the amendment will not alter the existing transportation conditions and proffers on the property. The subject property is bordered on three (3) sides by roads; Route 10 to the south, Kingston Avenue to the east and Bermuda Hundred Road to the north. Both Route 10 and Kingston Avenue are multi-lane divided roadways. Route 10 has been widened to six (6) lanes. Kingston Avenue is currently a four (4) lane divided roadway. Conditions of zoning for the Rivers Bend development require Kingston Avenue at its intersection with Route 10 to be widened to a six (6) lane typical section (i.e., two (2) northbound lanes and four (4) southbound lanes to include a "free-right" turn lane). Bermuda Hundred Road is currently a two (2) lane roadway. A condition of zoning for the Rivers Bend development requires Bermuda Hundred Road to be reconstructed as a cul-de-sac, if requested by the Transportation Department. This condition was imposed at zoning to address residents' concerns about the traffic impact to Bermuda Hundred Road caused by the Rivers Bend development. In another part of this requested amendment, the applicant is seeking approval of the accesses to Route 10 and Kingston Avenue as shown on the Conceptual Plan (Exhibit A) (Proffered Condition 4). Staff does not support these accesses. The Conceptual Plan shows one (1) access to both Route 10 and Kingston Avenue. The Conceptual Plan does not show any access to Bermuda Hundred Road. Staff can support access to Bermuda Hundred Road. However, to address neighborhood concerns, the 8 00SN0173/WP/FEBgJ applicant has proffered a condition that no direct access will be provided from the property to Bermuda Hundred Road. (Proffered Condition 1) The distance along Kingston Avenue between Route 10 and Bermuda Hundred Road is approximately 600 feet. According to the Virginia Department of Transportation (VDOT) standards for a roadway with a posted speed limit of 35 miles per hour, 600 feet is the minimum crossover spacing. The applicant submitted an earlier plan for access to Kingston Avenue that proposed an access, served by a new crossover, at a location 380 feet north of Route 10. The applicant has attempted to prevent application of the VDOT crossover spacing standard to this part of Kingston Avenue, by suggesting that part of the median be removed. The Conceptual Plan proposes removal of the existing median within Kingston Avenue from the proposed access north to Bermuda Hundred Road. Staff does not support removing the median, and VDOT may also not support the proposed modifications to Kingston Avenue. Based on the traffic analysis that was submitted as part of the Rivers Bend rezoning case, it is anticipated that during peak hours, southbound vehicles on Kingston Avenue will back up at the Route 10 traffic signal beyond the proposed access location. Allowing vehicles access across this section of Kingston Avenue during peak periods will cause congestion and may result in a high accident location. Access to Kingston Avenue should be located approximately midway between Route 10 and Bermuda Hundred Road and limited to right-turn in and right-turn out only. Staff recommends that spacing for accesses onto major arterials, such as Route 10, should be approximately 500 feet. The Conceptual Plan shows access to Route 10 located approximately 300 feet from the Kingston Avenue intersection. The Conceptual Plan does not reflect the ultimate typical section for Kingston Avenue that is required by zoning. As additional lanes are constructed along Kingston Avenue, this 300 foot access spacing will be further reduced. Staff recommends that access to Route 10 for the property should be relocated towards the western property line. Unless the requested amendment and proffers are modified regarding access to the property, staff cannot support this request. Lies within the boundaries of the Eastern Area Land Use and Transportation Plan which suggests the property is appropriate for commercial uses. While the request property is part of a commercial development pattern along Route 10, the Plan suggests that adjacent properties to the north and northwest are appropriate for medium to medium high density residential uses. One of the goals of the Plan is to protect established residential communities as non-residential development occurs. Neighborhoods are to be buffered from noise generators and the scenic qualities of such developments must be maintained. 9 00SN0173/WP/FEB9J Commercial traffic should be routed so as to avoid residential neighborhoods. Nodes of commercial development should be encouraged. Area Development Trends: Area properties along the north and south lines of Route 10 are zoned for and/or developed as commercial uses. Properties northeast of the Route 10/Kingston Avenue intersection are zoned light industrial and are part of the Rivers Bend business park. Adjacent properties to the north and northwest are zoned residential and agricultural and are occupied by the Woodvale, Harold Fulcher and Random Woods Subdivisions or are vacant. The Plan supports the continued residential use of these adjacent properties, encompassing the north and south lines of Bermuda Hundred Road, extending northeast to Meadowville Road. On September 28, 1988, the Board of Supervisors approved a rezoning of a 972.5 acre tract to Residential (R-15) with a Conditional Use Planned Development to permit a mixed use development to include residential, office, commercial, recreational and industrial uses (Case 87S039). The approved master plan depicted the subject property within Tract "g" of Land Bay Five (Retail Distric0. Conditions of approval permitted the southern portion of this tract along Route 10 to be generally developed for several community business uses under the Zoning Ordinance in effect at that time (Reference Condition 20 - attached). The northern portion of the property along Bermuda Hundred Road permitted limited convenience business uses, subject to several conditions to include limitations on the maximum square footage of buildings (10,000 square feet if located within 500 feet of an existing residential zoning district or area currently zoned agricultural and shown on the Plan for residential use; individual projects are not to exceed 7,500 square feet of gross floor area per acre), architectural style (compatible with surrounding residential neighborhoods), restricted hours of operation (with the exception of churches, convalescent homes, rest homes and nursing homes, restricted to between 6:30 a.m. and 9:00 p.m.) and limiting uses permitted outside of enclosed buildings to accessory automobile parking (Reference Condition 18 - attached). Greater restrictions were placed upon the northern portion of the property in consideration of the established residential developments to the north and northwest as well as the Plan's support for long-term preservation of these residential land uses in this area. Conditional Use Planned Development Case 87S039 requires that all development of the property conform to the requirements of the Corridor Overlay District, established in Chapter 21 of the County's Zoning Ordinance, unless superseded by conditions of this case. The Corridor Overlay standards address access, parking, landscaping, architectural 10 00SN0173/WP/FEB9J treatment, setbacks, signs, utilities, and screening of dumpsters and loading areas. The applicant has proffered that the use of loading docks and drive-in loading doors shall be prohibited. (Condition 18 (B) 3) The applicant is requesting that the uses permitted in the northern portion of Tract g, Land Bay Five under Case 87S039 be expanded to include a hotel as well as uses approved for the southern portion of this tract under this same zoning case, with the exception of hospitals, rest, nursing and convalescent homes, occult sciences, fast food restaurants, gasoline sales, automobile self-service stations, frozen food locker and sales, funeral homes or mortuaries and greenhouses and nurseries (Condition 18 (A) 20). A site plan has been submitted by the applicant depicting development of the property as a hotel, freestanding restaurant, bank, convenience store/gas station and a complex of office, restaurant and shops. The applicant has proffered that development of the property will generally conform to this conceptual plan with respect to driveways, parking area~, roads and building locations (Proffered Condition 4). This proffer specifies that a hotel must be constructed in the northwest quadrant of the property. A freestanding restaurant may be located on the site, but its association with the hotel is only required of its location is southeast of this facility. With approval of this request, the remaining portion of the property may be developed for any one or more of the uses specified in the applicant's proffered conditions; however, as required by Proffered Condition 4, the layout must generally be as depicted in Exhibit A. It should be noted that the plan has not been reviewed in detail relative to site plan requirements through this zoning process. It has, however, been identified that the plan does not provide for the required setbacks along Route 10. Architectural Treatment: Within the Corridor Overlay District standards, no building exterior will 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 which would be visible to any A or R 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. No portion of a building constructed of unadorned cinder block or corrugated and/or sheet metal may be visible from any adjoining A or R district or any public right of way. The applicant has requested the deletion of a previously imposed condition of zoning addressing floor area and architectural style of buildings developed on the northern portion of the property (Condition 18 (B) 3). This condition required that individual buildings located within 500 feet of the existing residential zoning district or area currently zoned 11 00SN0173/WP/FEB9J agricultural and shown on the Plan for residential use not exceed 10,000 square feet. Further, all structures must have an architectural style compatible with the surrounding residential neighborhoods through use of similar building massing, materials, scale or other architectural features. The applicant has proffered that buildings located on the property will be compatible with the architectural style, colors and materials to the designs shown on Exhibits BI and B2 (Proffered Condition 6). The exhibits fails to provide for architectural compatibility to include materials, color and design within the project. Exhibit BI, depicting the hotel, shows a synthetic stucco structure with a green roof. Exhibit B2, depicting a convenience store, shows a red and white brick structure with a gray roof. These structures are not architecturally compatible in style, materials or .colors, nor does the proffer require compatibility. Further, the applicant has proffered that the treatment of all buildings must be approved by the Planning Commission at the time of site plan review; however, this condition offers minimal guidelines by which the Commission may base their decision nor does it permit the Commission to require architectural compatibility within the project. The hotel is limited to a maximum of four (4) stories in height (Condition 18(A) 19). Buildings located in the northeastern portion of the property, noted as the "Shops at River's Bend", will be limited to one-story in height and a maximum of 10,000 square feet of enclosed space (Proffered Condition 6). It should be noted that the Zoning Ordinance does not define what constitutes "Enclosed Space". "Gross Floor Area", as defined by the Ordinance, is the term typically used by staff to establish the size of structures. Therefore, staff would recommend that the proffer be modified in accordance with typical language to avoid future interpretation questions. In response to area citizen concerns, the applicant has proffered a special treatment for hotel windows that will restrict visibility from the hotel towards Bermuda Hundred Road. (Proffered Condition 3) All junction and accessory boxes shall be minimized from view of adjacent property and public right-of-way by landscaping or architectural treatment integrated with the building served. Mechanical equipment, whether ground-level or rooftop, shall be screened from view of adjacent property and public rights-of-way and designed to be perceived as an integral part of the building, except as stated herein. Buffers. Screening and Lightine: 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. 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. 12 00SN0173/WP/FEB9J With the approval of this request, continuous outside display would be permitted as accessory to a permitted use (Condition 18(B)2). Outside display areas are not required to be screened but must conform to parking setbacks for the district. Property to the north is zoned Residential (R-7) and is occupied by single family residences. The Zoning Ordinance does not require a buffer along the northern property boundary of the request site, adjacent to Bermuda Hundred Road. The applicant has proffered a 100 foot buffer along the northern tract boundary subject to the development of the site for a hotel or for uses originally permitted only in the southern portion of the tract. Although the applicant has proffered the retention of existing mature trees within the buffer limits, this condition also permits the location of right of way as well as grading in this buffer. Therefore, there is no guarantees as to what, if any, existing vegetation will remain along Bermuda Hundred Road subsequent to site construction. In addition to supplementing this buffer with plantings, the applicant has proffered to construct a berm, a minimum of ten (10) feet in height, within the eastern portion of this buffer, where trees to not exist, as generally shown on Exhibit A (Condition 18 (A) 19 and 20). The height of this berm is proposed to be measured from the average undisturbed grade elevation in the area of installation. This condition is unclear as to whether the undisturbed grade is the existing grade or the grade to be taken at some future date. Further, without specific information on the average grades in this area of installation, it is difficult to determine how effective the final product will be with respect to buffering the adjacent residences from the uses developed on the subject property. Measurement of the berm height should therefore be taken from a fixed location such as the existing grade of Bermuda Hundred Road. Property to the northwest is zoned Agricultural (A) and is vacant. The Plum suggests the property is appropriate for non-residential development, subject to protecting the integrity of the surrounding residential communities. This parcel fronts Bermuda Hundred Road. Preservation of the area's residential development includes precluding non-residential access to this site from Bermuda Hundred Road; otherwise, a seventy-five (75) foot buffer would be required along the subject property's western boundary in anticipation of residential development on this adjoining parcel. If, however, the developer demonstrates through the site plan review process that an alternative means of access from Route 10 or Kingston Road in a location acceptable to staff has been secured to this adjacent property, a buffer will not be required along the western property line. In addition to Zoning Ordinance requirements relative to exterior lighting, the applicant has proffered that all parking lot lighting north of the site access road, generally shown on Exhibit A as a hotel, restaurant and shops will be a maximum height of fourteen (14) feet, measured from the top of the curb. (Proffered Condition 2) 13 00SN0173/WP/FEB9J Existing conditions of zoning restrict the hours of operation for uses located on the northern portion of the property between 6:30 a.m. and 9:00 p.m., except for churches, convalescent, rest and nursing homes. The applicant requests deletion of this restriction as it applies to the hotel use. The applicant has proffered that uses located in the northeastern portion of the property, noted on Exhibit A as the "Shops as River's Bend", will not be opened to the public between 1:00 a.m. and 12 midnight. (Proffered Condition 5) The purpose of the original condition of zoning restricting the hours of operation on the northern portion of the property was to provide protection for the residential uses north of Bermuda Hundred Road, which the Plan suggests should be maintained. Extension of the hours has the potential to create nuisances for adjacent residents. CONCLUSIONS The Eastern Area Land Use and Transportation Plan, which suggests that the property is appropriate for commercial uses, also supports maintaining residential single family land uses adjacent to and north and northwest of the subject property. Through the existing zoning conditions, measures have been approved to protect these established residential communities from non-residential development. These include restricting the types of commercial development permitted along Bermuda Hundred Road as well as requiring architectural compatibility with the surrounding residential neighborhoods, and limiting building square footages, hours of operation and outdoor uses. The applicant's request to intensify the land uses permitted adjacent to these established residential communities and to remove conditions initiated to protect such neighborhoods fails to address the goals of the Plan. Specifically, this request neglects to provide the appropriate land use transitions between residential and non-residential developments by exposing these residential communities to the more intense commercial development pattern permitted along this portion of Route 10. Further, this request fails to address concerns raised by the Transportation Department relative to minimum spacing requirements for proposed development access locations from existing road intersections. Should the Board wish to approve this request, staff is of the opinion that the proffers should be modified to address the concerns stated herein such as amhitectural compatibility, berm height, size of structures, and compliance with Ordinance requirements especially related to setbacks from public rights of way. 14 00SN0173/WP/FEB9J CASE HISTORY Applicant (12/13/99): Revised and additional proffered conditions were submitted and an addendum was prepared for the Commission's review. Planning Commission Meeting (12/13/99): The Commission, on their own motion, deferred this case to January 18, 2000. The purpose of this deferral was to allow staff time to review the revised and additional proffered conditions and to allow the applicant an opportunity to address staff's concerns. Staff (12/14/99): The applicant was advised in writing that any significant, new or revised information should be submitted no later than December 20, 1999, for consideration at the Commission's January public hearing. Applicant (12/27/99 and 1/10/00): Revised proffered conditions were submitted. Applicant (1/18/00): Revised proffered conditions and an amended Exhibit A were submitted. Planning Commission Meeting (1/18/00): The applicant did not accept the recommendation. There was support and opposition present. The individuals in support indicated that this proposal offered a buffer along Bermuda Hundred Road as well as prohibits access from the development onto Bermuda Hundred Road. 15 00SN0173/WP/FEB9J The individuals in opposition expressed concern that this request violates the restrictions negotiated in good faith with the developer as part of the original zoning case; included uses better placed closer to the 1-295 interchange; does not adequately address protection of area residents; is not consistent with the architectural treatment used in the River's Bend Shopping Center; and does not address the traffic impact on Bermuda Hundred Road. Mr. Cunningham indicated that there were still unresolved issues with this application; several of the proffered conditions submitted just prior to the meeting still did not address his concerns; that these concerns included architectural treatment, access, buffer encroachment and measurement of the berm; that with a thirty (30) day deferral of the case there would be time to discuss modification of these proffers to address the concerns. However, since the applicant was unwillingly to accept the deferral, he was not in a position to support the case, as presented. He indicated he would work with the applicant prior to the Board's consideration of this request to resolve outstanding issues. Messrs. Litton, Gecker and Marsh generally agreed that this application was not ready for the Board's consideration and that a deferral of the case would be more appropriate. On motion of Mr. Cunningham, seconded by Mr. Litton, the Commission recommended denial of this request. AYES: Mr. Cunningham. ABSTENTIONS: Messrs. Marsh, Gecker and Litton. ABSENT: Mr. Gulley. Board of Supervisors' Meeting (1/26/00): Due to inclement weather, the Board deferred this case to February 9, 2000. The Board of Supervisors, on Wednesday, February 9, 2000, beginning at 7:00 p.m., will take under consideration this request. 16 00SN0173/WP/FEBgJ CASE 87SO39 18. The follo~ring requirement shall apply to =he northern portions of Tracts a & b in Land Bay Four, lying generally adjacent to Sunset Boulevard, and the northern . portion of Tract g in Land Bay Five, 17-in§ generally adjacent . to Bermuda Hundred Road, and ~thin all of Tract f in Land Bay Four and tha~ portion of Tract h in Land Bay Five which lies ad~acenC co Fulcher lots and Woodvale Subd£- visions: A. No bu/ldings, structures or prem/ses shall be used, arranged, or designed to be used except for one or more of the following uses: 1. Offices: business, governmental, professional. 2. Libraries. 3. Brokerages. 4. Churches and/or Sunday Schools. 5. Convalescent homes, nursing homes, rest homes. 6. Day care centers, (child or adult) 7. Group care facilities. 8. 9. Propagation and cultivation of trees, and shrubs which are sale. I0. Public and private forests, and conser~at:ion areas. Travel agencies to /~clude transportation ticket services. medical, or crops, flowers, not offered for w~ldlife preserves travel arranging and 12. Utility uses located underground when sUch 'uses are located in easements, or in public roads rights of way. 13. ~ed£cal clinics provided that neither the busi- ness nor the building is designed to acconnnodate ambulance traffic. · 14. Optometrist sales and service provided that the sales and servicin~ of eyewear is 'done by an optometrist as an accessory use in conjunct?n with a medical practice; and no~. more fifteen (15-) percent of the gross I£oor area devoted to such sales and services. 15. Pharmacies provided that the use ia located in a building con=a/n/rig other nedical service~; ..~d d~es nec have s separate entrance to tee s~de. 16. Temporary construction trailers/buildings pro- vidad that the temporary structure is devoted exclusively to construction activities on the prem/ses; and is removed upon completion or abandonment of cons=ruction 17. Veterinary offices provided that no boarding is perm/~ted; no outside runs are permitted; and overnight care is permitted. 18. Public and private u=ility uses, so long as they require a structure, to inctude .11 water and waste water pumping s~atfons; electric~. .~_~. co~nnunications, and natural gas, petroleum gas (LPG) . and petroleum products.. .transm~asions facilities, in addition' naCural gas, liquifted petroleum 'gas, and petroleum products ~ransmission facilities above or below ground, provided that all 'such . ~ees visible from adlacen~ rasiden~lal or zoned properties or properties currently zoned ABricultural (A) -~ shown on the General Plan as residential or office uses are enclosed within a structure" having a style and character compatible with surrounding resi~antial o~ office structures or are completely screanee Iron view from such adjacent properties. However, aC the ttme of schematic plan review for the northern portion of Trac~s A and B in Land Bay Four and the northern portion of Trac~ C, in Land Bay Five, the Planning Commission may allow those uses permitted in the southern portion of the tracts as outlined in Condi~ion 19. 20. Further, in Tract g, Land Bay Five, a hotel and/or theater may be permitted By the planning Co-~ ssion. These uses may be allowed, subject to a 100 foot buffer being maintained along the northern boundary of the tracts and a site design which protects the residential integrity of the adjacent residential neighborhood- Further, if at the tim~ of schematic plan review, the adjacent property to the north has been zoned and/or developed for commercial useS, the Planning Commission may allow those uses per=ttted in the southern portion of the tracts .n~ the buffer and site design criteria shall be regulated the same as the development criteria outlined for the southern portion of the tracts (i.e., Condition 20). B. The following required conditions shall be mec and shall be in addition Co other conditions outlined in the Textual Statement and conditions herein: 1. No goods shall be produced for retail sale on the prem/ses. 2. All uses shall be conducted entirely ~rLth~nan enclosed building, except for accessory autOmO- bile parking. 3. Individual buildings shall not exceed i0,000 square feeC if located within 500 feet of an existing residential zoning district or area currently zoned agricultural and sho~n on the General Plan for residential use. Individual projects shall not exceed 7,S00 square feet 6f gross floor area per acre. Ail structures shall have an architectural style compatible with' surrounding residential neighborhoods. Com- patibility may be achieved throush the use of s~lar building massing, materials, scale or other architectural features. Loading docks and drive-in be prohibited. loading doors shall ~i~h the exception of churches, convalescent homes, rest homes and nursin~ homes, hours of operation for any use shall be restricted to be~zeen 6:30 a.m. and 9:00 p.m. (CPC) The following requirements shall apply to Land Bay Four, Tracts c. and d., retail districts: No buildings, stru=tures, or premises shall be .used or arrangsd or designed =o be used excspt for the rolls,ring usss: Bakery goods store. Banks and savings without drive-in windows. Barber or beauty shop. and loan associations with or Book or stationery store. 5. Brokerage. Camera store. 7. Candy store. 8. Drug scots/pharmacy. 9. Dry cleaning, pick up and drop off; ed' dry cleaning; pressing; laundry mat; not to inclnde dry cleaning plants. i0. Dry goods store. Ii. Dairy products store. 12. Florist shop. 13. Grocery store. Hardware store. 15. Newspaper or magazine sales.. 16. Nursery schools, child or adult day cars centers and kindergartens. business, sove~,~eutal, 17. Offices: professional. 18. Restaurants, nsc out restaurants. 19. Shoe repair shop. 20. Tailoring and dressmaking shops. 21. Telephone booth. 22. Variety store. coin operat- and lanndro- medical and including fast food or carry 23. Video rental and sales store. 24. Medical clinics provided chat neither the busi- ness nor the building is designed to accommodate ~hula~ce traffic. sales and servicing o~ eyewear ~s . ~=~ . with a medic~ practice, aha n [~teen (1~) percen~ of ~he ~ross Eloor area devoted to such s~es ~d se~ices. Tem~oraw cons~c~i~ tra~ers/buildings P~' 26. ~d~d t~ the ~ora~ st~c~u~e s~ be devoted ~clusi~el~ ~o ~ cons~C~ion activities ~ ~he pr~ses, and ~ ~e~ed upon c~ple~ion oz abando~en~ cf cons~c~ion act~vitXes. Vecerina~ offices provided tha~ no boardinE 27. pe~e~ no outside ~ns 'are pe~t~ed; ~d no ~e~igh~ ca~e is Public ~d p~iva~a utility uses, so lon~ as they 28. racuire a sz~c~ure,- ~o include a~l ~a~er _~d --0 linuifiad pecrole~ gas, ~a ~ - _ ~ .... %-' ---~ed =ha= ~1 such uses wnxcn ~= g~ou~, p~ov~ .... ~ ._ O~fiCe visible fr~ adjacent res~aen:~ ~- - , A-ricultural (A) and sh~ on :ne ~¢~==~* o .... ~_. ~r office uses ate ~th~ a s:~c=ure he. nB a sc~le and character office stuccoes or are c~xecex~ [~view [r~ such ~acen~ properties. 29. Fire stations, rescue squads provided external sirens or P.A. systems are and all garaBe-t~Pe doors are screened of adjacent residential proper=les curren=ly zoned a~icultural and shoum General Plan for residential use. 30. Motor vehicle accessor~ store provided motor vehicle repai~ is permfcted~ and shall be installed on the premises. that no provided; from 'v~ev or areas on the that no no parts 31. Gasoline sales in conjunction ~rich a perm/coed use and provided chac such use is not lo:aced alon~ streets vhich terminate in a residential neighborhood. 20. The follo~in~ requiremen=s shall apply to the southern portions of Land Bay Fouz, ~racCs a and b, retail dis~ trier, and Land Bay Five, Trace g, retail discric~. No buildinSs, struc:ures, or premises or arran;ed oF desiEned to be used following uses: Traces c and d, re:ail distrie=. 2. Antique shops, not to include second-hand scores. Appliance stores. ArC schools, ;aL%eries or museums. 5, Artist ma=ariel and supply scores. Automobile salf-ss~ice.scations. 7. Bicycle sales and ten=als. 8. Cacerin; estab~shmen=s. 9. CloChes stores. 10. Cu..,~unicaCion studios, exclusive of 11. Curio or g~fC shops~ -. 12. Depart=eno stores, 13. Del~cacessenso 14. Frozen food locker and sales. Funeral homes or mo=~uarins. o~fices shall be used except for the Land Bay Four, pavm shops and 16. lu~nicu~e scores. I?. Greenhouses and nu=series. 18. Health clubs. 19. Hobby stores. 20. Hospitals, rest, nursing and convalescent homes. 21. Jewelr7 store. 22. Libraries. 23. Locksm/Ch operation. 24. Meat market. 25. Medical facilities or clinics. 26. Messenger or telegraph services. 27. Motor vehicle accessor~ stores.. 28. Husical instrument store. 29. Occult sciences such as palm astrologers, fortune tellers, tea leaf 30. Office supply stores. 31. Optometrists sales and services. 32. Paint and wallpaper 33. Pat shops, including peC grooming. 34. p~41anthropic and charitable uses. 3§. Photography s~udios. 36. Post offices. 37. Radio, television and othe~ home sales and services. '. 38. Eantal of health and parry equipment; home hardware, Cools and equipment. 39. Restaurants to include ca~ ouc fas= food restaurants. 40. ' Schools--mUSic, dance --~ business. ~1.. Sewing machine sales, instruction, and services. readers~ 42. Sporl:~ng goods sales. Tel ephcne exchanges. Toy s~ores. ae~ces, Vete~ c~cs. 46. 47. 48. ~r~.n~ing shops provided .chat only copying and/or duplicac~ng uach~nes are used. No l~gh volume presses or web presses sha~l be Tove~s, provided ~hac the s~uc~ure is arcl~L~ec- ~ur~lly ~ncorpora~ed into and c~a~tble the design of a bu~dins used for permaclad use. A I-1 1.1 Case #: 00SN0173 AMEND C.U.P.D. Sheet #: 27 oosNol-/~-J .! Copies to: Jack L. McHale III Adena Patterson (facsimile) Mr. Phiaip Ctmmgham Chesterfield County Phma~g Commission c/o 10100 Iron Bridge Road ChesterfielcL VA 23832 As a businessma~ ~ River's Bad Bua~ Ccm=, I ~ ~ ~s my su~on for ~ ~~ ~n~t for~ ~ located a ~e ~ often A~ue ~d ~t~ 10, ~ ~n~% I~., ~ ~ ~ b~ m ~ to ~vees B~ ~d ~, ~ ~, ~ve ~n p~ ~ o~ c~ice, Ho~r, ~ ~ not Mve a ~ or a ~Mo~ ~t w~ o~ ~s~ ~es (e.g., ~te~ ~~ ~ ~) ~ ~ a ~ ~t to ~ ~ ~ ~a. Duc to our bu.~ar,~ ¢ommitm~ma which kix out maz~t t~arri out ofth~ ¢oumry, it was not possible for me or anyone from my staffto attend the Pla:m~ Commission meeting. Please accept this letter ofimpport for the zoning ~e.