00SN0188-MAR15.pdfMarch 15, 2000 BS
ADDENDUM
00SN0188
Realticorp
Midlothian Magisterial District
West line of Huguenot Road
REQUEST: Rezoning from Residential (R-7) and Corporate Office (0-2) to Corporate Office
(0-2) with Conditional Use to permit commercial uses.
On March 10, 2000, the applicant submitted revised proffered conditions increasing the square
footage of the retail portion of any bank/savings and loan association from 2,500 gross square feet
to 4,000 gross square feet (Proffered Condition 1.b.) and increasing the maximum width of any
driveways once the lanes merge from the drive-in windows located on the north side of any
bank/savings and loan association from fifteen (15) feet to twenty-five (25) feet. (Proffered
Condition 5)
The increase in the size of any bank/savings and loan association use coupled with the increase in
the width of the drive lane on the north side of the building is an important change that was not
considered by the Commission at their public hearing. Since there is no limit to the number of
drive-in windows for any bank use, increasing the width of the drive could allow additional drive-
in windows thereby creating additional traffic close to the neighborhood.
Because these changes represent less stringent requirements than considered by the Commission,
staff recommends that this request be remanded to the Planning Commission to allow the
Commission and area property owners to evaluate the changes and their impact on the area.
However, should the Board wish to proceed with consideration of the proposal, it will be
necessary for the Board to suspend their rules to consider the revised proffers since they were not
submitted prior to advertisement of the case.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
Staff continues to recommend denial of this case for the reasons outlined in the "Request
Analysis", but does recognize that the proposal substantially conforms to the intent of the Plan to
provide appropriate transitions between area commercial and residential uses.
Should the Board wish to approve this case, acceptance of the proffered conditions outlined in the
"Request Analysis" and as recommended by the Commission, except as modified below would
be appropriate.
PROFFERED CONDITIONS
Limitation of Uses Within Tract A. Within that portion of the Property designated
as Tract A ("Tract A") on the Zoning Plan prepared by Joseph, Cox & Associates
dated February 7, 2000 ("the Zoning Plan"), the only permitted uses shall be:
a)
Those uses permitted by right or with restrictions in the Corporate Office
(O-2) District, except that the following uses shall not be permitted:
i)
ii)
iii)
iv)
v)
Funeral homes or mortuaries;
Fire stations or rescue squads;
Hospitals;
Medical clinics; and
Veterinary offices;
b)
One bank/savingS and loan association with or without drive-in windows
that shall be located in a building containing office uses provided that the
portion of the bank/savings and loan association in which retail banking
services are provided to the public in a customary branch setting shall not
exceed 4,000 gross square feet.
o
Location of Buildings Within Tract A. Buildings on Tract A shall be located such
that a maximum of fifteen (15) parking spaces and associated driveway shall be
permitted between Tax IDs 739-711-6706, 5504, 4504, and 3604, and the
northernmost building on the property. A driveway shall be permitted between Tax
IDs 739-711-6706, 5504, 4504, and 3604 and the northernmost building on the
property to serve drive-in window(s) associated with the bank/savings and loan
association; provided that the width of such driveway shall taper to a maximum of
twenty-five (25) feet once the drive-in lanes merge from the drive-in windows.
2 00SN0188/WP/MAR15 HH
March 15, 2000 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
00SN0188
Reakicorp
Midlothian Magisterial District
West line of Huguenot Road
REQUEST: Rezoning from Residential (R-7) and Corporate Office (0-2) to Corporate Office (O-
2) with Conditional Use to permk commercial uses.
PROPOSED LAND USE:
A mixed use development to include Corporate Office (0-2) and Convenience Business (C-
1) uses, except as restricted by Proffered Conditions 1 and 8, is proposed.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF PROFFERED CONDITIONS 1
THROUGH 23 ON PAGES 2 THROUGH 7.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A.
The proposed commercial use exceptions do not conform with the Alverser/Old
Buckingham Plan Amendment which suggests the property is appropriate for office
uses. The Corporate Office (0-2) zoning conforms wkh the Plan.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
The current Office Business (0-2) and Residential (R-7) with Conditional Use
Planned Development zoning on the easternmost portion of the property provides a
transition between the Huguenot Road commercial corridor and existing and
anticipated residential development to the west. While this proposal attempts to
address the intent of the transitions suggested by the Plan, a strict interpretation of the
Plan suggests that the proposed commercial uses are inappropriate.
Other properties in the area are already zoned for commercial development and are
better situated for such uses. Specifically, large tracts of commercially zoned land
in the vicinity of Chesterfield Towne Center, east of Huguenot Road could
accommodate the proposed development without encroaching on area residential
development, west of Huguenot Road and Alverser Drive.
(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.)
PROFFERED CONDITIONS
The property owner and applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code
of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and
their successors or assigns, proffer that the development of the property under consideration ("the
Property") will be developed according to the following proffers if, and only if, the rezoning request
submitted herewith is granted with only those conditions agreed to by the owner and applicant. In
the event this request is denied or approved with conditions not agreed to by the owner and applicant,
the proffers shall immediately be null and void and of no further force or effect.
(CPC) 1.
Limitation of Uses Within Tract A. Within that portion of the Property
designated as Tract A ("Tract A") on the Zoning Plan prepared by Joseph,
Cox & Associates dated February 7, 2000 "the Zoning Plan"), the only
permitted uses shall be:
Those uses permitted by right or with restrictions in the Corporate
Office (0-2) District, except that the following uses shall no~t be
permitted:
ii.
iii.
iv.
Funeral homes or mortuaries;
Fire stations or rescue squads;
Hospitals;
Medical clinics; and
Veter'mary offices;
2 00SN0188/WP/MAR15H
One bank/savings and loan association with or without drive-in
windows that shall be located in a building containing office uses
provided that the portion of the bank/savings and loan association in
which retail banking services are provided to the public in a
customary branch setting shall not exceed 2,500 gross square feet. (P)
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Limkation of Building Size Within Tract A. Within Tract A, no one building
shall exceed 26,500 gross square feet. (BI & P)
Buffer. Buffers shall conform to the requirements of the Zoning Ordinance.
No site plan approval shall alter this condkion. (P)
Fence. An opaque fence at least six (6) feet in height, and constructed
generally of masonry, stone, or similar materials, all of which shall be
compatible with the buildings constructed on the property, shall be provided
to minimize the view of the development on the Property from Tax IDs 739-
711-6706, 5504, 4504, and 3604, and 739-710-0574 ("Adjacent Parcels"),
except that no such fence shall be required adjacent to Tax ID 739-710-0574
where a building is located between that adjacent property and drives and or
parking areas on the subject property. At the time of initial ske plan
approval, the Planning Commission may approve use of different materials
for such fence provided that it shall have at least equal quality, visual
appearance, low maintenance characteristics, and sound attenuation
characteristics as would the fence specified herein. The fence shall be
generally located approximately fifty (50) feet from the Adjacent Properties,
but may, at the option of the Applicant, be located farther from the Adjacent
Properties. At the time of site plan approval for any development on the
Property, if a building is not located between parking and driveways and Tax
ID 739-710-0574, the Planning Depamnent may require temporary measures
to minimize the view of the property from such adjacent property, as an
alternative to the fence specified herein. Any such approval may include
provisions specifying the conditions under which such measures will be
required. (P)
Location of Buildings Within Tract A. Buildings on Tract A shall be located
such that a maximum of fifteen (15) parking spaces and associated driveway
shall be permitted between Tax IDs 739-711-6706, 5504, 4504, and 3604,
and the northernmost building on the property. A driveway shall be
permitted between Tax IDs 739-711-6706, 5504, 4504, and 3604 and the
northernmost building on the property to serve drive-in window(s) associated
with the bank/savings and loan association; provided that the width of such
3 00SN0188/WP/MAR15H
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driveway shall taper to a maximum of fifteen (15) feet once the drive-in lanes
merge from the drive-in windows. (P)
Prohibition of Loading Docks and Doors Wkhin Tract A. Within Tract A,
loading docks and overhead loading doors shall be prohibited. (P)
Limkations on Size and Hours of Operation for Schools/Colleges. Any
schools/colleges located within Tract A shall not exceed 8,000 gross square
feet, and the hours of operation shall be limited to between 8:00AM and
7:00PM. (BI & P)
Limkation of Uses within Tract B. Wkhin that portion of the Property
designated on the Zoning Plan as Tract B, permkted uses shall include those
uses permitted by right or wkh restrictions in the Corporate Office (0-2)
District, plus those permitted by right or with restrictions in the Convenience
Business (C-l) District, except that the following uses shall not be permitted:
i) convenience store;
ii) grocery store; and
iii) gasoline sales;
Provided further that any building containing a restaurant shall only be
permkted on that portion of Tract B located between the two accesses to
Alverser Drive shown on the Zoning Plan, and that the hours of operation for
such restaurant shall be limked to between 8:00AM and 11:00 PM. (P)
Limkation of Size of Commercial Uses Within Tract B. The total area of
Convenience Business (C-l) uses in Tract B, as permitted under condition 8,
shall not exceed 25,000 gross square feet, and no building shall exceed
15,000 gross square feet. (BI & P)
Phasing of Commercial Development. Prior to issuance of any certificate of
occupancy for any Convenience Business (C-l) use on Tract B, as permkted
under condkion 8, at least temporary certificates of occupancy shall have
been granted for a building of at least 10,000 square feet gross floor area on
that portion of Tract A that is generally adjacent to Tax IDs 739-711-6706,
5504, and 4504, and 739-711-3604, and for a building of at least 6,000 gross
square feet on that portion of Tract A that is generally adjacent to Tax ID
739-710-0574. (P)
Severance. The unenforceabilky, elimination, revision or amendment of any
proffer set forth herein, in whole or in part, shall not affect the validity or
4 00SN0188/WP/MAR15H
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13.
14.
15.
16.
17.
18.
enforceabilky of any of the other proffers or the unaffected part of any such
proffer. (P)
Pedestrian Walkway. A pedestrian walkway shall be provided generally
along Huguenot Road, Alverser Drive, and Old Buckingham Road. The
exact location and trea1~nent shall be approved by the Planning Depar1~nent
at the time of ske plan review. (P)
Timber'mg. With the exception oftimber'mg to remove dead or diseased trees
which has been approved by the Virginia State Depamnent of Forestry, there
shall be no timber'mg until a land disturbance permk has been obtained from
the Environmental Engineering Depamnent and the approved devices have
been installed. (EE)
Public Utilkies. The public water and waste water systems shall be utilized.
(u)
Building Setback from Old Buckingham Road. A minimum forty (40) foot
setback for buildings, drives and parking areas shall be maintained along Old
Buckingham Road. Landscaping wkhin this setback shall conform to the
requirements of the Zoning Ordinance. (P)
Light Fixtures. Freestanding light fixtures shall not exceed a height of fifteen
(15) feet measured from the top of curb. (P)
Access Limkation. No direct access shall be provided to Huguenot Road or
Old Buckingham Road. Direct access to Alverser Drive shall be limked to
two (2) access points, which shall generally align with the existing accesses
to Alverser Drive that serve Tax ID 739-710-7626. The exact location of
these accesses shall be approved by the Transportation Depamnent. (T)
Roadway Improvements. To provide an adequate roadway system at the time
of complete development, the Developer shall be responsible for the
following:
a)
construction of addkional pavement along the southbound lanes of
Huguenot Road at the Alverser Drive intersection to provide a
separate right turn lane;
b)
construction of one (1) additional lane of pavement along Alverser
Drive for the entire Property frontage to provide a second southbound
lane; at its intersection with Old Buckingham Road, this southbound
lane shall be constructed as a channelized right turn lane;
5 00SN0188/WP/MAR15H
(crc)
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19.
20.
c)
construction of addkional pavement along the southbound lanes of
Alverser Drive at the northermnost access to the Property, to provide
a separate right turn lane;
d)
full cost of traffic signal modification at the Huguenot Road/Alverser
Drive intersection necesskated by the improvements specified in (a),
(b), and (c) above; and
e)
relocation of the ditch along the north side of Old Buckingham Road
for the entire Property frontage to provide an adequate shoulder. (T)
Phasing of Roadway Improvements. Prior to any ske plan approval, a
phasing plan for the required improvements, as identified in Proffered
Condition 18, shall be submkted to and approved by the Transportation
Depamnent. (T)
Dedications. Prior to any site plan approval or within sixty (60) days from
a written request by the County, whichever occurs first, the following rights-
of-way shall be dedicated, free and unrestricted, to and for the benefit of
Chesterfield County for the entire Property frontage:
a)
sixty (60) feet of right-of-way measured from the centerline of
Huguenot Road;
b)
thirty-five (35) feet of right-of-way measured from the center line of
Alverser Drive;
c)
thirty-five (35) feet of right-of-way measured from the centerline of
Old Buckingham Road;
d)
any addkional right-of-way (or easements) required for the
improvements identified above in Proffer 18. In the event the
developer is unable to acquire the off-ske right-of-way not included
in this zoning case that is necessary for any improvement described
in Proffer 18, the developer may request, in wrking, the County to
acquire such right-of-way as a public road improvement. All costs
associated with the acquisition of the right-of-way shall be borne by
the developer. In the event the County chooses not to assist the
developer in acquiskion of the "off-site" right-of-way, the developer
shall be relieved of the obligation to acquire the "off-ske' right-of-
way and shall provide the said road improvements within available
right-of-way as determined by the Transportation Department. (T)
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(CPC) 21.
Drainage Easements. Drainage easements shall be provided for maintaining
proper stormwater management on Tax ID 739-710-0574. The exact location
of the easements shall be approved by the Environmental Engineering
Depamnent. (EE)
(CPC) 22.
Architectural Treal~nent. Buildings shall have an architectural treatment,
including materials, color and style, compatible with buildings located on Tax
ID 739-710-7626 and 9202. All sides of each building shall employ the same
material, style and colors as the other sides of that building. (P)
(CPC) 23.
Signs. Signs shall comply with the requirements of the Zoning Ordinance.
No variance or Development Standards Waiver shall alter this condition. (P)
GENERAL INFORMATION
Location:
North line of Old Buckingham Road, west line of Huguenot Road and the west line of
Alverser Drive. Tax ID 739-710-3155 and 5983 (Sheet 6).
Existing Zoning:
0-2 and R-7 with Conditional Use Planned Development
Size:
8.6 acres
Existing Land Use:
Vacant
7 00SN0188/WP/MAR15H
Adjacent Zoning & Land Use:
North - R-7; Single family residential (Old Coach Village Subdivision)
South - R-MF and 0-2 with Conditional Use Planned Development; Office and multi-
family residential
East - C-3 and C-4 with Conditional Use Planned Development, 0-2 and C-2; Office
and commercial
West - R-7; Single family residential (Tentative subdivision approval pending)
UTILITIES
Public Water System:
There is an existing sixteen (16) inch water line along the west side of Huguenot Road and
a twelve (12) inch water line along the west side of Alverser Drive adjacent to the request
site. In addition, there is an eight (8) inch water line extending along Old Buckingham Road,
adjacent to the request site. Use of the public water system is intended and has been
proffered. (Proffered Condition 14)
Public Wastewater System:
There is an existing eight (8) inch wastewater collector along Olde Coach Drive
approximately 150 feet north of the northwest comer of the request site. Use of the public
wastewater system is intended. (Proffered Condition 14)
ENVIRONMENTAL
Drainage and Erosion:
The property is located in the Routes 60/147 Drainage District. The developer will be
responsible for contributing their pro-rata share of the cost of drainage improvements in the
district prior to release of a building permit.
The property is relatively flat and naturally drains in two (2) directions; to the north through
Old Coach Village Subdivision with a majority of the property draining to the southeast
toward Alverser Drive. There are no known, on- or off-site drainage or erosion problems.
The drainage system in Old Coach Village is very old and was not designed to accept much,
if any, of the runoff from this particular development. There are two (2) storm sewer tie-in
locations which are available for draining the subject property that were installed dur'mg the
development of Service Merchandise which can be accessed via boring under Alverser
Drive.
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As a condition of the tentative subdivision approval for the property to the northwest of this
project (Proposed Bransford Subdivision) drainage is required to go to the Service
Merchandise system if the system in Old Coach Village cannot accommodate drainage to the
Bransford property. Therefore, a drainage easement on the subject property should be
dedicated to the Bransford parcel to provide proper stormwater management to the Service
Merchandise system. (Proffered Condition 21)
With the exception oftimber'mg approved by the Deparm~ent of Forestry to remove dead or
diseased trees, the applicant has agreed that there will be no timbering until a land
disturbance permit has been obtained from the Environmental Engineering Department and
the approved devices have been installed. (Proffered Condition 13)
PUBLIC FACILITIES
Fire Service:
This property is currently served by the Robious Fire/Rescue Station, Company Number 4
and Forest View Rescue Squad. When the property is developed, the number of hydrants and
quantity of water needed for fire protection will be evaluated dur'mg the plans review process.
Also, the need for ingress/egress for emergency equipment will be determined during the
review of the aforementioned plans.
Transportation:
This request will not limk development to a specific land use; therefore, it is difficult to
anticipate traffic generation. The applicant intends to develop an office and commercial
project on the property. Based on general office, retail and drive-in bank trip rates,
development could generate approximately 4,200 average daily trips. These vehicles will
be distributed along Huguenot Road which had a 1997 traffic count of 35,777 vehicles per
day, and along Alverser Drive and Old Buckingham Road which had 1998 traffic counts of
12,719 and 10,426 vehicles per day, respectively.
The Board of Supervisors appropriated funds for preliminary engineering studies to
determine the scope of improvements to Old Buckingham Road from Alverser Drive to
Route 60. These studies are currently underway.
The Thoroughfare Plan identifies Huguenot Road as a maj or arterial with a recommended
right of way width of 120 to 200 feet. The Plan also identifies Alverser Drive and Old
Buckingham Road as collectors with recommended right of way widths of seventy (70) feet.
The applicant has proffered to dedicate sixty (60) feet of right of way, measured from the
centerline of Huguenot Road, and thirty-five (35) feet of right of way, measured from the
centerlines of Alverser Drive and Old Buckingham Road, in accordance with that Plan.
(Proffered Condition 20)
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Development must adhere to the Zoning Ordinance relative to access and internal circulation
(Division 5). Access to major arterials, such as Huguenot Road, and to collectors, such as
Alverser Drive and Old Buckingham Road, should be controlled. Due to the property's
limited frontage along Huguenot Road (approximately eighty (80) feet), no direct access
should be provided from the property to Huguenot Road. The existing commercial
development on the south side of Alverser Drive has two (2) direct accesses onto Alverser
Drive. Based on these existing accesses, it is difficult to develop an ideal access plan to
Alverser Drive for the property. The best access plan for the property would limit direct
access to Alverser Drive to two (2) entrances/exits that generally align the existing
entrances/exits on the south side of Alverser Drive. The applicant has proffered that direct
access to Alverser Drive will be limited to two (2) entrances/exits (Proffered Condition 17).
The proffer also states that no direct access will be provided from the property to Huguenot
Road or Old Buckingham Road.
Mitigating road improvements must be provided for the requested densities to achieve an
acceptable level of service. The applicant has proffered to: 1) construct additional pavement
along Huguenot Road at the Alverser Drive intersection to provide a separate right turn; 2)
construct one (1) additional lane of pavement along Alverser Drive for the entire property
frontage. This additional lane of pavement along Alverser Drive will be constructed as a
channelized right turn lane at its intersection with Old Buckingham Road; 3) construct
additional pavement along Alverser Drive at the northernmost access to provide separate
right turn lanes; 4) full cost of traffic signal modification at the Huguenot Road/Alverser
Drive intersection; and 5) relocate the ditch to provide an adequate shoulder on the north side
of Old Buckingham Road for the entire property frontage. (Proffered Condition 18)
The applicant has proffered to dedicate any right of way required for the proffered road
improvements (Proffered Condition 20). The required right of way for the proffered road
improvements can be provided from the property, except for construction of the right turn
lane along Huguenot Road at the Alverser Drive intersection, which will require "off-site"
right of way. According to the proffer, if the developer is unable to acquire the right of way
for the right turn lane, the developer may request the County to acquire the right of way as
a public road improvement. All costs associated with the acquisition will be borne by the
developer. If the County chooses not to assist with the right of way acquisition, the
developer will not be obligated to acquire the right of way, and will only be required to
construct road improvements within available right of way.
At time of site plan review, specific recommendations will be provided regarding access and
internal circulation.
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LAND USE
Comprehensive Plan:
The request site lies within the boundaries of the Alverser/Old Buckingham Plan
Amendment which suggests that the request property is appropriate for office uses.
In 1987, following several proposals for rezoning on portions and/or all of the request
property, an amendment to the Northern Area Land Use and Transportation Plan was
undertaken. The area encompassed by the Plan generally included the land area lying
between Olde Coach Village to the north and west, Huguenot Road to the east and Route 60
to the south. The Alverser/Old Buckingham Plan Amendment was prompted by
neighborhood concerns regarding the possibility of commercial development along Old
Buckingham Road near Alverser Drive. The Plan concluded that office uses would be a
more appropriate transition between the residential and general business uses that exist in
this area than extending commercial development. In other areas of the County, the transition
between adjacent residential neighborhoods have usually been limited to office uses. To
date, office uses have proven to be compatible with the adjacent residential neighborhoods
and have not had an apparent adverse impact.
Area Development Trends:
Properties to the east and southeast, along the Huguenot Road Corridor, are characterized by
a mix of office and commercial zonings and land uses. Properties to the north and to the
west along Old Buckingham Road are characterized by residential zoning. These properties
have been developed for single family residences in Olde Coach Village Subdivision and on
acreage parcels, or remain vacant. As previously noted, a tentative subdivision plan has been
approved for the adjacent R-7 property (proposed Bransford Subdivision) to the west. The
parcels to the south are characterized by residential multi-family units and office uses.
Since adoption of the Plan, the area has experienced a tremendous amount of commercial
growth through the expansion of the Chesterfield Towne Center and the development of
projects such as Lowe's north of the Towne Center. Some zoning actions in the area have
occurred that are contrary to the Plan such as the Service Merchandise Development to the
southeast. The Plan designated this property for office use, however, commercial zoning and
development was ukimately approved.
Zoning History:
On February 27, 1985, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved rezoning from Residential (R-7) to Office Business (O)
with Conditional Use Planned Development to permit use and bulk exceptions on the
easternmost portion of the request property (Case 85S015). Office and child day care uses
11 00SN0188/WP/MAR15H
were planned. At that time, conditions were imposed which addressed, among other things,
site design, colonial architectural trea1~nent, buffers, landscaping, lighting, signage, building
height, drainage and road improvements. The approved Master Plan depicted nine (9) office
buildings and a day care center. The layout resembles a typical residential-type townhouse
project. Parking was located generally on the interior of the site, with buildings fronting
Alverser Drive and Old Buckingham Road and parking clustered in the center. The day care
center was located in the northeastern corner of the Corporate Office (0-2) tract. At that
time, concerns were prevalent that reasonable land use transitions be provided between
anticipated area commercial development and area residential development.
In July 1986, an application was filed to rezone the westernmost portion of the property
currently zoned Residential (R-7) to Office Business (O) plus a request for amendment on
the easternmost portion of the property currently zoned Corporate Office (0-2) to delete
buffer requirements between the two (2) tracts (Case 86S127). It was the intent to develop
an office complex on the entire property. Subsequently, prior to any action by the Planning
Commission that application was withdrawn.
An application was immediately filed for a Conditional Use Planned Development on the
westernmost portion of the request property currently zoned Residential (R-7) to permit a
nursing home (Case 87S055). The Planning Commission recommended denial and the case
was subsequently withdrawn in December 1987 prior to the Board's consideration of the
request. The applicants, at that time, indicated that the reason for withdrawal was the
inability to obtain a certificate of need for the facility. It was this application that prompted
the amendment to the Northern Area Plan and the ultimate adoption of the Alverser/Old
Buckingham Plan Amendment.
Subsequently, on June 24, 1987, the Board of Supervisors approved amendment to Case
85S015 plus Conditional Use Planned Development, to permit a nursing home on that
portion of the request property zoned with the approval of Case 85S015 (currently zoned
Corporate Office (0-2) and located at the intersection of Alverser Drive and Old
Buckingham Road) plus that portion of the request property currently zoned Residential (R-
7) and located adjacent to Huguenot Road (Case 87S070). That approval allowed for either
the nursing home use or the office and day care use allowed by the 1985 case on the
Corporate Office (0-2) tract only. Conditions were also imposed to address development
of a nursing home on the easternmost portion of the request site. A Master Plan was
approved depicting two (2) buildings, one (1) having 43,000 gross square feet and the other
having 73,000 gross square feet, located generally in the center of the property with parking
and drives located generally along Alverser Drive and Old Buckingham Road. Other
conditions addressed buffers, landscaping, underground utilities, architectural trea1~nent,
lighting, signs, screening of loading areas, drainage and road improvements.
In August of 1996, an application was filed to rezone the Residential (R-7) portion of the site
and the Corporate Office (0-2) tract to Neighborhood Business (C-2). The request was for
12 00SN0188/WP/MAR15H
commercial uses. After the Planning Commission recommended denial, based mainly on the
fact that the proposed use conflicted with the Plan, and concerns from the adjoining
neighbors, the applicant withdrew the request. (Case 96SN0275)
Site Design:
Wkh approval of the request for Corporate Office (0-2) zoning with Conditional Use as
styled, development would be subject to the applicant's proffered conditions and
requirements of the Zoning Ordinance for development within the Corporate Office (0-2)
District.
The request property lies within an Emerging Growth Area. New construction must conform
to the development standards of the Zoning Ordinance which address access, parking,
landscaping, architectural trea1~nent, setbacks, signs, buffers, utilities, and screening of
dumpsters and loading areas.
The applicant's proffered conditions would require limitations on building sizes (Proffered
Conditions 2 and 9); no alterations of required buffers (Proffered Condition 3); a fence that
would limit the view of the development (Proffered Condition 4); pedestrian walkways
(Proffered Condition 12); height limitation on freestanding light fixtures (Proffered
Condition 16); a minimum required setback from Old Buckingham Road (Proffered
Condition 15), this setback could not be reduced in conjunction with site plan review and
approval; and phasing of commercial development (Proffered Condition 10). The applicant
has agreed that no Development Standard Waiver or Variance would alter the Zoning
Ordinance requirements for signage (Proffered Condition 23). Therefore, signage would be
required to meet Ordinance standards, unless a future zoning amendment to this case
modifies this proffer. The applicant has submitted a plan that has divided the property into
Tracts A and B.
Uses:
As indicated, a Conditional Use has been requested to allow some limited Convenience
Business (C-l) uses on a portion of the property. In a Corporate Office (0-2) District, the
Zoning Ordinance allows a limited number of C-1 uses with restrictions. Those restrictions
include that the uses are within projects of twenty (25) acres or more; located internally to
the project; and at any time the uses collectively shall not exceed a gross floor area of thirty
(30) percent of the gross floor area of permitted by-right uses within a project.
If those restrictions cannot be met, the uses may be allowed through Conditional Use. The
purpose of allowing the limited commercial uses with restrictions was to permit those uses
in an office park setting and to provide some commercial services for the workers in the park.
Because this proposal does not meet the restrictions, a Conditional Use has been requested
to permit some limited commercial uses.
13 00SN0188/WP/MAR15H
Proffered Condition 1 prohibits certain uses within Tract A. Specifically, the applicant has
agreed to prohibit funeral homes or mortuaries, fires stations or rescue squads, hospitals,
medical clinics and veterinary offices. In addition, one (1) bank/savings and loan association
would be allowed as restricted by the proffer. The applicant has also agreed to specific
locations for parking areas and driveways within Tract A. (Proffered Condition 5)
Proffered Condition 8 limits the Convenience Business (C-i) uses allowed in Tract B.
Specifically, the applicant has agreed to prohibit convenience store, grocery store and
gasoline sales. All of the Corporate Office (0-2) uses permitted by-right or with restrictions
and a restaurant would be allowed on Tract B. The applicant has agreed to limit the area in
which a restaurant building would be allowed to be located (Proffered Condition 8).
Limiting the location of the restaurant use helps maintain the transition of uses on this
property to the residential uses. It keeps this use from being too close to the residential uses.
Hours of Operation:
The applicant has agreed to hours of operation limitation of any school/colleges located
within Tract A and any restaurant use located in Tract B (Proffered Conditions 7 & 8). This
is in keeping with the idea that this property be maintained in accordance to what the Plan
suggests as a transition area for office uses. It would encourage hours similar to those that
an office use may have and discourage certain activities from occurr'mg dur'mg hours that the
residences would be occupied and possible conflicts could occur.
Construction of Uses:
In order to ensure that the entire site does not consist only of the Convenience Business (C-i)
uses, the applicant has submitted a proffered condition which would require the issuance of
at least a temporary certificate of occupancy for a building of at least 10,000 square feet gross
floor area on that portion of Tract A generally adjacent to Tax ID 739-711-6706, 5504 and
4504 and 739-711-3604 and for a building of at least 6,000 gross square feet on that portion
of Tract A that is generally adjacent to Tax ID 739-710-0574 prior to the issuance of any
certificate of occupancy for any C-1 use on Tract B (Proffered Condition 10). This would
encourage the site to be developed closer to compliance to what the Plan suggests.
14 00SN0188/WP/MAR15H
Pedestrian Access:
For the overall development, the applicant has agreed to provide pedestrian walkways,
generally along Huguenot and Old Buckingham Roads and Alverser Drive. (Proffered
Condition 12)
Architectural Treatment:
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. The
applicant has proffered that the buildings shall have an architectural trea1~nent, including
materials, color and style compatible with the buildings located directly across Alverser
Drive and that all sides of each building shall employ the same materials, style and colors.
(Proffered Condition 22)
The view of all junction and accessory boxes must be minimized from adjacent property and
public rights of way by landscaping or architectural trea1~nent 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.
Buffers & Screening:
The Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters, garbage cans,
trash compactors, etc.) on property which is adjacent to an A, R, R-TH or R-MF District be
screened from view of such district by a masonry or concrete wall which is constructed of
comparable materials to and designed to be compatible with the pr'mcipal building that such
area serves and that such area within 1,000 feet of any A, R, R-TH or R-MF Districts 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.
Adjacent properties to the north and west are zoned Residential (R-7) and are occupied by
single family residences. The Zoning Ordinance requires a minimum fifty (50) foot buffer
along the north and western property boundaries of the request site. The applicant has
agreed that the site plan approval process shall not alter this required buffer. (Proffered
Condition 3)
The applicant has agreed to provide an opaque fence of masonry, stone or similar material
compatible with the buildings and having a height of at least six (6) feet to minimize the
15 00SN0188/WP/MAR15H
view of the proposed development from the adjacent parcels to the north and west. This
fence would not be required adjacent to the property to the west if a building exists to
provide this barrier. If there are no buildings to minimize the view from the adjacent
property to the west, the applicant is providing temporary measures as an alternative to the
fence herein. (Proffered Condition 4)
CONCLUSIONS
The Alverser/Old Buckingham Plan Amendment suggests that the request property is appropriate
for office uses. The southeastern part of the request site is being proposed to permit commercial
development. While the Corporate Office (0-2) zoning and land uses conforms to the Plan, the
requested commercial use exceptions do not.
As noted herein, a strict interpretation of the Plan would suggest that commercial uses on the request
site are inappropriate. The intent of the Plan was to address appropriate transitions between the
commercial development that was occurr'mg to the east in the vicinity of Chesterfield Towne Center
and the residential neighborhoods in the area, as well as to preclude commercial development
westward along Old Buckingham Road. The applicant's proffered conditions do attempt to address
the intent of the Plan by insur'mg development of office and bank uses directly adjacent to the
residential areas. However, the proposed commercial use exceptions do not conform with the Plan.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Applicant (2/14/00):
Revised proffered conditions, as addressed herein, were submitted.
Planning Commission Meeting (2/15/00):
The applicant did not accept staff's recommendation, but did accept the Planning
Commission's recommendation.
Mr. Gecker indicated that the proposal provides adequate protection and appropriate
transition for the neighborhood.
On motion of Mr. Gecker, seconded by Mr. Marsh, the Commission recommended approval
of this request and acceptance of Proffered Conditions 1 through 23.
16 00SN0188/WP/MAR15H
AYES: Unanimous.
The Board of Supervisors, on Wednesday, March 15, 2000, beginning at 7:00 p.m., will take under
consideration this request.
17 00SN0188/WP/MAR15H
A
c
A
c
c
C-3
0-2
C
R-7
A
ZC V
0-2c
C-3
R-7
S
v
C
C
Case #: 00SN0188
Rezoning: R-7 & 0-2 TO
O-2 W/C.U.
Sheet #: 6