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November 25, 2002 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
O1 SN0121
(Amended) -
Chesterfield County Board of Supervisors and Dankos Family Trust
Clover Hill Magisterial District
North line of Hull Street Road
REQUEST: (AMENDED) Rezoning from Agricultural (A) to Corporate Office (0-2) and
Neighborhood Business (C-2) with Conditional Use Planned Development on these
tracts plus an existing zoned Neighborhood Business (C-2) tract to permit exceptions
to Ordinance requirements and an existing Agricultural (A) tract. Further, an
amendment to Conditional Use Planned Development (Case 83 S 182) on an existing .
zoned Neighborhood Business (C-2) tract relative to design, architecture, signage and
access.
PROPOSED LAND USE:
A mixed use development to include office and commercial uses is planned.
(NOTE: THE APPLICANTS HAVE REQUESTED DEFERRAL TO DECEMBER 18, 2002.)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE IMPOSITION OF THE CONDITIONS AND
ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 15.
AYES. MESSRS. GECKER, CUNNINGHAM, GULLEY AND STACK.
NAY: MR. LITTON.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land uses conform to the Upper Swift Creek Plan which
suggests the property is appropriate for a mixture of community scale corporate
office, commercial and residential uses. Further, the proposed zoning and proffered
conditions assure proper land use transition in accordance with the recommendations
of the Pian. .
B. The proposed amendments to Case 8350182 promote development that is both
coordinated and compatible with the proposed adjacent rezoning to the east.
C. The proposed zoning and land uses are representative of, and compatible with,
existing area commercial and residential development.,
(NOTES: A. CONDITIONS MAYBEMOSED ORTHE 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.
B. PROPERTY KNOWN AS TAX IDS 725 -672 -PART OF 1175 AND
726 -672 -PART OF 1039 WILL HEREAFTER BE REFERRED TO
AS THE "BOTTOMS PROPERTY". PROPERTY KNOWN AS
TAX ID 724 -672 -PART OF 9216 WILL HEREAFTER . BE
REFERRED TO AS THE "DANKOS PROPERTY". BOTH
PROPERTIES ARE IDENTIFIED ON THE ATTACHED MASTER
FLAN.)
CONDITIONS: BOTTOMS PROPERTY
A. Commercial, Office and Agricultural Tracts:
(STAFF/CPC) I. Sidewalks. Within the commercial and office tracts, sidewalks shall
be provided on both sides of Temie Lee Parkway and throughout the ,
project to connect the individual commercial and office developments
to the Temie Lee Parkway sidewalk system. Further, within- the
Agricultural Tract, sidewalks shall be provided on both sides of
Temie Lee. Parkway and the extension of St. Elizabeth Drive. The
exact location and design of sidewalks shall be approved at the time ,
of site plan review. Prior to, or in conjunction with the firstsite'plan
2 01SNO121 NOV26-CPC
submission, an overall conceptual plan for the sidewalk system shall
be submitted for approval. (P)
(STAFF/CPC) 2. BMP Desien. Any above ground facilities required for water
quantity or quality control shall be designed as wet ponds and shall be
landscaped or otherwise improved so that the facilities become visual
enhancements to, and amenities for, the project. At the time of plan
review, a plan depicting this requirement shall be submitted for
review and approval. (EE & P)
(STAFF/CPC) 3. BMPs.
a. Unless modified by the Planning Commission at the time of
Site Plan review, the requirements stated herein shall be
complied with. A single BMP, located in the general vicinity
of Tracts K and M, shall be designed and constructed to
accommodate runoff from the property and Clover Hill High
School. The construction of the BMP may be phased upon
approval of a phasing plan by the Environmental Engineering
Department. All drainage except that which drains to 724-
672-9216 (commonly known as Aunt Sarah's) and that which
drains from the northern portion of Tract L shall be directed
through this BMP. At a minimum, the BMP shall be fenced
so as to only allow access from Tax ID 726-673-1225 (Clover
Hill High School) and shall be designed with both safety and
aquatic benches. The design of the fence, safety bench and
aquatic bench shall be approved by the Planning and
Environmental Engineering Departments, If the BMP has not
been designed and constructed at such time that itis needed to
accommodate runoff from Tax ID 726-673-1225 (Clover Hill
High School), the owner/developer shall dedicate any
easements necessary to accommodate construction of such
BMP. (P & EE)
b. The following easements shall be dedicated to and for the
benefit of Chesterfield County, in a form acceptable to the
County:
(1.) A fifty (50) foot easement, north of the SWM/BMP,
from the northern boundary of the SWM/BMP north
for the remaining length of the eastern Property line,
Except where necessary to accommodate utility
extensions, there shall be no clearing or grading
within this easement. If clearing or grading is
necessary to accommodate utility extensions,
measures shall be taken to minimize the amount of
3 OiSN0121NOV-26-CPC
tree removal within the easement. A minimum of one
(1) week prior to clearing, the owner/developer shall
flag the limits of clearing for inspection by the
Planning, Utilities and Environmental Engineering
Departments as well. as the Clover Hill District
Planning Commissioner. A minimum of forty-eight
(48) hours prior to any clearing activity within this
fifty (50) foot easement for the purpose of extending
utilities to the property, the owner/developer shall
notify the Utilities, Environmental Engineering and
Planning Departments and the Clover Hill District
Planning Commissioner of such proposed clearing.
An inspector from each of these County departments
and the Clover Hill District, Planning Commissioner
shall be on-site during this clearing process.
Subsequent to such clearing, silt fencing shall be
installed in as determined appropriate by the
Environmental Engineering Department. (S, U, EE &
P)
(2) An easement around the SWM/BMP, of a width
necessary to accommodate pedestrian circulation for
use by authorized personnel. This easement may be
located within the boundaries. of the BMP easement
normally required by the Environmental Engineering
Department. The easement shall be located within the
fenced area described in Condition A.3.a. The
easement shall be posted wither sign stating "No.
Trespassing -Far Authorized Personnel Only." (S)
(NOTE: The purpose of Condition 3.b. is to provide a water quality
teaching area north of the SWM/BMP and an easement around the
SWM/BMP. It is the intent that the SWM/BMP and the area north of
the SWM/BMP be used by several schools for the purpose of
studying water quality monitoring techniques in the S WMBMP and
the outflow into the creek, north of the SWMBMP, leading to the
Swift Creek Reservoir. It is also the intent that the area be used to
study the benefits of providing tree -save areas as riparian corridors
adjacent to creeks. However, the area could be used for other
purposes as may be determined by the County in the future, subject to
Substantial Accord Approval)
(STAFF/CPC) 4. Timbering. Except for the timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead or diseased
trees, there shall be no timbering on the Property until aland -
disturbance permit has been obtained from the Environmental
4 OISNO 21-N0V26-CPC
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
Engineering Department and the approved devices have been
installed. Further, in each office tract, there shall be no clearing;
grading or timbering until final site plans have been approved for
each tract. In the agricultural area, there shall be no clearing, grading
or timbering until road plan approval by the County and that such
clearing, grading or timbering shall be limited to roads ,only.
Provided, however, that clearing, grading or timbering may occur
outside the boundaries of any individual site plan within the office
tracts or agricultural tracts for the purpose of extending utilities to the
property, subject to the requirements of ConditionA.3.b(1) (EE);
5. Driveway Expansion for Clover Hill I-ligh School. Prior to any final
site plan approval, or within sixty (60) days of a written request by
the County, whichever occurs first, land and/or easement up to
twenty-five (25) feet in width up to a distance of 400 feet from the
north side of the ultimate right of way of Hull Street Road along the
eastern boundary of the Property shall be dedicated, free and
unrestricted, to and for the benefit of ChesterfieldCounty. (S),
6. Access to Clover Hill High School.. The developer shall be
responsible for constructing and dedicating anyeasements or right
way for a combined pedestrian and two-lane driveway or road
connections to Tax ID 726-673-1225 (commonlyknown as Clover
Hill High School). The exact location and treatment of this
connection shall be determined at the time of site plan review for
Tracts G, I or K provided, however, that such connection shall
generally be located in the vicinity of Tract K. If the pedestrian and
driveway/road connection -has not been designed and constructed at
such time that it is needed by the County to accommodate pedestrian
and vehicular traffic, the owner/developer shall dedicate any
easements and/or right of way necessary to accommodate the
construction of such pedestrian and driveway connection/road.'.(S)
7. Right of Way Dedication. Prior to any final site plan approval,. or
within sixty (60) days from a written request by the County,
whichever occurs first, 100 feet of right-of-way on the north side of
Hull Street Road (Route 360), measured from the centerline of than .
part of Route 360, immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the benefit of Chesterfield
County. (T)
(STAFF/CPC) 8. Access to Route 360. No direct access shall be provided from the
property to Route 360. (T)
(STAFF/CPC) 9. Special Access Street. Prior to any site plan approval, or within sixty
(60) days from a written request by the County, whicheveroccurs
5 01SNO121-NOV26-CPC'
first, a fifty (50) foot wide right-of-way for a special access street (the
"Special Access Street") shall be dedicated, free and unrestricted, to
and for the benefit of Chesterfield County from Temie Lee Parkway
to the western property line, as generally shown on the Master Plan.
The exact location of this right-of-way shall be approved by the
Transportation Department. At the time of site plan review, the
Transportation Department may modify this condition to allow an
access easement, acceptable to the Transportation Department, to be
recorded in lieu of dedicating the right-of-way for the Special Access
Street; (T)
(STAFF/CPC) 10. Road bUrovements. To provide an adequate roadway system, the
Developer shall be responsible for the following:
a.
Construction of additional pavement along the westbound
lanes of Route 360 at the existing access located just east of
the Temie Lee Parkway intersection to provide a separate
right turn lane;
b.
Construction of additional pavement along the eastbound _
lanes of Route 360 at the Temie Lee Parkway/Route 360
intersection to provide dual left turn lanes. The exact length
of this road improvement 'shall be approved by the
Transportation Department;
C.
Construction of Temie Lee Parkway as a 2 -lane roadway
from the Special Access Street, north, through the property.
The exact length of this road improvement shall be approved
by the Transportation Department;
d.
Construction of additional pavement along Temie Lee
Parkway from Route 360 to the Special Access Street to
provide a five (5) lane typical section (three (3) southbound
lanes and two (2) northbound lanes). The exact design and
length of this road improvement shall be approved by
Transportation Department;
e.
Full cost for the installation of a traffic signal or traffic signal
modification, as determined by the Transportation
Department, at the intersection of Temie Lee Parkway/North
Spring Run Road/Route 360 intersection, if wan -anted, as
determined by the Transportation Department;
f.
Construction of a two (2) lane road for the Special Access
Street from Temie Lee Parkway to the western property line
of the Property; and
g.
Dedication to and for the benefit of Chesterfield County, free
and unrestricted, of any additional right-of-way (or
easements) required for the improvement identified above.
_
(T)
6 01S1`10121NOV2b-CPC
(STAFF/CPC) 11. Road Improvement Phasing. Prior to any site plan approval,. a
phasing plan for required road improvements, as identified in
Condition 10, shall be submitted to and approved by the
Transportation Department. The approved phasing plan shall require
the construction of the Special Access Street, as identified in
Condition 101, in conjunction with the initialdevelopment on the
property: (1)
(STAFF/CPC), 12. MasterPlan. The Plan prepared by Balzer and Associates last revised
May 31, 2002, shall be considered the Master Plan with respect to the
general location of uses, roads and BMP locations. Tracts may be
combined provided however, that those tracts with specific use
limitations (i.e., alcohol sales and' • fast food uses) shall not be
combined with other tracts which do not permit those uses. Those
tracts with specific use limitations maybe increased or decreased in
size by a maximum of ten (10) percent. (P)
B. Commercial and Office Tracts:.
(STAFF/CPC) 1. Architecture.
a. All buildings shall be compatible in architectural style, colors
and materials to the building approved on Tax ID 725-672-
9524 and 8118 (commonly known as Walgreens) and as
further delineated below. At the time of site plan review, the
Planning Commission may modify _these requirements
provided that the alternative materials, roof hne(s), andeolors
accomplish the intent of the condition. (P)
(1:) The primary building material shall be brick, not to
exceed a size of four (4) inches by four (4) inches by
twelve (12) inches. The brick shall be integrally
colored. The primary color(s) of each building shall
be earthtones, such as browns and tans, substantially
similar to those on Tax ID 734-678-9416, 734-677-
4677, 735-677-4379 and 8835 (commonly known as
the Commonwealth Center Phase 1). No exposed
concrete masonry units (CM[U) shall be permitted.
Mortar shall be similar in color to the brick color.
Any accent colors shall be the same or substantially
similar to those used on Tax ID 725-672- 9524 and
8118 (commonly known as Walgreens) to create a
tone on tone effect. Should glass be a predominant
construction material, other than typical window
treatments and doors in all or part of a building, it
shall be tinted, similar to that utilized in the building
7 Ol SNO121-NOV26-CPC
(STAFF/CPC)
2.
In
C.
located on Tax ID 728-673-4668 (First Virginia
Bank). (P)
(2.) All visible rooflines shall be similar to the pitch ofthe
roofline used on Tax ID 744-697-4324 (Shops at
Lucks Lane), except for roof lines on Tract A which
shall have no less a pitch than the roofline used on
Tax ID 744-697-4324 (Shops at Lucks Lane) and no
greater than the roofline used on Tax Ib 732-707-
4947 (commonly known as Walgreen's at Midlothian;
Turnpike and Temie Lee Parkway). All visible roofs
shall be standing seam metal and shall be generally
the same shade of grav in color. (P)
Loading Areas and Building Treatment Along Temie Lee
Parkway. All buildings located on tracts adjacent to Temie
Lee Parkway shall not have loading areas located between the
building and Temie Lee Parkway. Further, all sides of any
such buildings shall employ the same architectural treatment,
color and materials. At the time of site plan review, the
Planning Commission may modify these requirements
provided that the location and design of the loading areas do
not adversely affect adjacent properties or views from roads
and that alternative architectural treatment(s), color(s) and
material(s) accomplish the intent of the condition. (P)
Drive-in Windows and Gasoline Canopies. With the
exception of.a convenience store with gasoline sales in Tract
A, drive-thru or gasoline canopies shall be architecturally
incorporated into the building which they serve. Drive-in.
window(s) shall not be located between any building and Hull
Street Road or Temie Lee Parkway unless such window(s) are
architecturally incorporated into the building with a wall
constructed of the same materials as the building and similar
in design to the drive-in window located on Tax ID 732-707-
0188 (McDonald's at Midlothian). At the time of site plan
review, the Planning Commission may modify this condition
if it is determined that an alternative design accomplishes the
spirit and intent of the requirements specified herein. (P)
Parking and Drives Setbacks,
a. All parking and driveways shall be located no closer to Route
360 or Temie Lee Parkway than the building which it -serves
unless measures such as landscaping, grading or other design
features are employed to minimize the visibility of parking
8 Ol SN0121-NOV26-CPC
areas from such roads. If landscape measures are employed,
at a minimum, they shall consist of evergreen shrubs of at
least two (2) feet in height at the time of planting and spaced
to create a continuous hedgerow at maturity. Such hedgerow
shall be installed between the roads (Temie Lee Parkway and
Route 360) and the parking areas, planted adjacent to those
parking areas. These shrubs shall be in addition to required
perimeter landscaping_ requirements outlined in Condition
B.2.b.. (P)
b. With the exception of Tract A, the minimum fifty (50) foot
setback requirement of the Zoning Ordinance from Route 350
shall be measured from the ultimate right of way of Route
360. Specifically, the reductions outlined in Section 19-
505(e) shall not be permitted, except in Tract A. The required
landscaping within this setback shall be 2.0 times Perimeter
Landscaping C, as defined in the Zoning Ordinance. (P)
(STAFF/CPC) 3. Li tin . With the exception of lighting for any convenience store
with gasoline sales on Tract A, in commercially -zoned tracts,
freestanding parking lot lights shall not exceed twenty _(20) feet in
height, shall have a shoebox design consistent within the commercial
tracts and shall produce lumens consistent with any freestanding
lights located on Tax ID 725-672-9524 and 8118 (commonly known
as Walgreens). In the office -zoned tracts, freestanding parking lot
lights shall not exceed twelve (12) feet in height, shall have a
shoebox design that is consistent within the office tracts and shall be
sodium vapor unless, at the time of site plan review, the Planning
Commission approves an alternative to the sodium-vapor lighting
which will not adversely affect adjacent properties. (P)'
(STAFF/CPC) 4. Street Trees. Along Temie Lee Parkway, street trees shall be planted.
Such trees shall be large deciduous trees, as defined in the Zoning
Ordinance, and shall be of the same species. The trees shall be
planted between the road and the sidewalk, spaced uniformly, and
there shall be one tree planted every forty (40) lineal feet. This
requirement is in addition to perimeter landscaping requirements of
the Zoning Ordinance. (P)
(STAFF/CPC) 5. Buffer. A fifty (50) foot buffer, inclusive of the twenty-five (25) foot
dedication referenced in Proffered Condition A.5 and encroachment
of the SWM/BMP shown on the Master Plan, shall be provided
adjacent to Tax ID 726-673-1225 (Clover Hill High School). The
exacutreatment of this buffer,shall.be determined by the Planning
Commission at the time of site plan review and approval for any
development affected by the location of this buffer: (P)
9 01 SN0121-NOV2,6-CPC
(STAFF/CPC) 6. Waivers. Development shall conform to Zoning Ordinance
requirements for office and commercial districts located in Emerging
Growth District Areas with the exception of setbacks along Temie
Lee Parkway which may be reduced as necessitated to - either
accommodate the new alignment and associated improvements along
Temie Lee Parkway or to permit the construction of patios for
outdoor cafe use. The exact amount of such setback reduction shall
be determined by the Planning Commission at the time of site plan
review. Except as stated herein, no variance or development
standards waivers shall alter this requirement. (P)
(STAFF/CPC) 7. Extension of Temie Lee Parkway and St. Elizabeth Drive. Building
permits for more than 50,000 gross square feet shall not be issued
until Temie Lee Parkway and St. Elizabeth Drive Extended are _
constructed to accommodate traffic movements between Southshore
Drive through the Property to Hull Street Road. (P)
(STAFF/CPC) 8.
C. Commercial Tracts: -
Building and Individual Business Size. _
a. Individual buildings shall not exceed 15,500 gross squarefeet
unless such building is designed to incorporate a variety of
off -sets, other architectural variations or other features so as
to avoid monotonous facades and bulky masses. (P)
b. Individual businesses shall not exceed 15,500 gross square
feet.(P)
Utilities. The public water and wastewater system shall be used.
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
1
2. BuildingHeight. Buildings shall be limited to, a height of two (2)
stories or thirty (30) feet, whichever is less. (P)
3. Phasing of Commercial Development. Prior to, the issuance of any
certificate. of occupancy for any Convenience Business (C=1),
Neighborhood Business (C-2) or fast food uses in excess of a
cumulative totalof 50,000 .gross square feet, at a minimum,
temporary certificates of occupancy shall have been granted on both
Tracts J and K. (P)
4. Hours. Except for a convenience store on Tract A and restaurants, no
use shall be open to the public between the hours of 10:00 p.m. and
7:00 am. No restaurant use shall be open to the public between the
hours of 11:00 p.m. and 6:00 a.m. Sunday through Thursday 12:00
10 OISN0121-NOV26-CPC
(STAFF/CPC) 5.
(STAFF/CPC) 6.
(STAFF/CPC) 7
D. Office Tracts:
midnight and 6:00 a.m. ,on Fridays and Saturdays, except that any
restaurant on Tract C shall not be open to the •public between the
hours of 11:00 p.m. and 6:00 a.m. Any convenience store located on
Tract A maybe open 24 hours a day to the public.
a. Use Prohibitions. The following uses shall not be permitted
east ofTemie Lee Parkway:
(1) Alcohol sales, except that alcohol sales shall be
permitted on Tract E.
(2) Gasoline sales.
b. Use Limitations: Tract C shall be limited to the uses
permitted by right or with restrictions in the Convenience
Business (C-1) District. (P)
Fast Food Restaurant. Any fast food restaurant shall be located on
Tract B. (P)
Freestanding Sims. All freestanding signs shall be of a monument
style. The shape of these signs faces shall not be a uniform rectangle
or square, but rather shall have a shape similar to the sign faces:foT
the outparcels located within Harbour Pointe Shopping Center. The
base/structure of each sign shall be constructed of the same materials
and colors as the building which it advertises. (P)
(STAFF/CPC) 1. Building Height.
a Within Tract K, buildings shall be limited to a height of one
b.
(1) story, or twenty-four (24) feet, whichever is less, if
located within 100 feet of any residential district, excluding
Tax ID 726-673-1225 (Clover Hill High School). All other
buildings in this tract shall be limited to a'heightof two (2)
stories or thirty (3 0) feet, whichever is less. (P)
Within Tract J, buildings shall be limited to a height of one
(1) story, or -twenty-four (24) feet, whichever is less, unless
modified by the Planning Commission at the time of site plan
review, based upon a determination that an increased height
will not adversely affect area residential ,properties'
: In no
case shall the height of buildings within this tract exceed two
(2) stories or thirty (30) feet, whichever is less. (P)
11 01SNO1:21-NOV26-CPC
(STAFF/CPC) 2. Building Mounted Lighting. There shall be no exterior building
mounted lighting within 100 feet of any residentially zoned property
excluding Tax ID 726-673-1225 (Clover Hill High School). (P)
E. Agricultural Tract:
(STAFF/CPC). 1. Uses. Single family residential uses shall not be permitted..
CONDITIONS: DANKOS PROPERTY
(STAFF/CPC) 1: Master Plan. The Plan prepared by Balzer and Associates, last
revised 5/31/02, shall be considered the MasterPlan with respect to
general location of roads and access. (This condition supersedes
Condition 1 of Case 8350182 for the request property only.)
(STAFF/CPC) 2. The following uses shall not be permitted:
a mobile home in conjunction with a business
b. group care facilities
C. cocktail lounges, dining halls, and night clubs
d. rescue squad and fire station
e. automobile service station, exclusive of auto repair
f. boarding kennels
Further, the following uses shall be permitted with the stated
restrictions:
a. Hotels, motels or inns provided such uses are located within
300 feet of Hull Street Road; \
b. Convenience store with gasoline sales provided such uses are
located within 300 feet of Hull Street Road and Temie Lee
Parkway. (P)
(NOTE: This condition modifies Condition 2 of Case 83S182 for the request
property only-) (P)
(STAFF/CPC) . 3. Architecture.
a. All buildings shall be compatible in architectural style; colors
and materials to the building approved on Tax 1D 725-672-
9524 and 8118 (commonly known as Walgreen's) and further
delineated below. At the time of site plan review, the
Planning Commission may modify these requirements
provided that the alternative materials, roof line(s), and colors
accomplish the intent of the condition
(1.) The primary building materials shall be brick, not to
exceed a size of four (4) inches by four (4) inches by
twelve (12) inches. The brick shall be integrally
12 OISNO121-NOV26-CPC
colored. The primary color(s) of each building shall
be earth tones, such as browns and tans, substantially
similar to those on Tax ID 734-678-9416, 734-677-
4677, 735-677-4379 and 8835 (commonly known as
the Commonwealth Center Phase 1)., No exposed
concrete masonry units (CML)) shall be permitted.
Mortar shall be similar in color to the brick color. Any
accent colors shall be the same or substantially similar
to those used on Tax ID 725-672-9524 and 8118
(commonly known as Walgreen's) to create a tone on
tone effect. Should glass be a predominant
construction material, other than typical window
treatments and doors in all or part of a building, it -
shall be tinted, similar to that utilized in the building
located on Tax ID 728-673-4668. (First Va. Bank)
(2.) All visible rooflines shall be no less a pitch than the
roofline used on Tax ID 744-697-4324 (Shops at
Lucks Lane) and no greater than the roof line used on
Tax ID 732-707-4947(commonly known ` as
Walgreen's at Midlothian Turnpike and Woolridge
Rd). All visible roofs shall be standing seam metal
and shall be; generally the same shade of gray in color.
b. Drive-in Windows and Gasoline Canopies,
With the exception of a convenience store with a free
standing canopy over gas pumps, all canopies shall be
architecturally incorporated into the buildings which they
serve. With the exception of a bank or savings and loan
institution, drive-in window(s) shall not be located between
any building and Hull Street Road or Temie Lee Parkway
unless such window(s) are architecturally incorporated into
the building with a wall constructed of the same materials as
the building and similar in design to the drive-in window
located on Tax ID 732-707-0188 (McDonald'sat
Midlothian). At the time of site plan review, the Planning
Commission may modify this condition if it is determined
that an alternative design accomplishes the spirit and intent of
the requirements specified herein. (P)
(This condition supersedes Condition 3 of Case 835182 for the
request property only.)
13 O1SNO121-NOV26-CPC
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
4: Parking and Drives Setbacks.
(a.) All parking and driveways shall be located no closer to Route
360 or Temie Lee Parkway than the building which it serves
unless measures such as landscaping, grading or other design
features are employed to minimize the visibility of parking
areas from such roads. If landscape measures are employed, ,
at a minimum they shall consist of evergreen shrubs of at
least two (2) feet in height at the time of planting and spaced
to create a continuous hedgerow at maturity. Such hedgerow:
shall be installed between the roads (Temie Lee Parkway and
Route 360) and the parking areas, planted adjacent to those
parking areas. These shrubs shall be in addition to required
perimeter landscaping which shall be 2.0 times Perimeter
Landscaping C, as defined in the Zoning Ordinance.
(b.) The minimum fifty (50) foot setback requirement of the
Zoning Ordinance from Route 360 shall be measured from
the ultimate right of way of Route 360. Specifically, the
reductions permitted is Section 19-505(e)shall not be
permitted with the exception of a convenience store with
gasoline sales. The required landscaping within this setback
shall be 2.0 times Perimeter Landscaping C, as defined in the
Zoning Ordinances
(This condition supersedes Condition 4 of Case.83SI82 for the
request property only.)
5. FreestandingSims ims — All freestanding signs shall be of a monument -
style. The shape of these sign faces shall not be a uniform rectangle
or square, but rather shall have a shape similar to the sign faces for
the out parcels located within Harbour Pointe Shopping Center. The
base/structure of each sign shall be constructed in the same materials
and colors as the building which it advertises:
(This condition supersedes Condition 5 of Case 83S182 forthe
request property only.)
6. Access to Route 360 -- Direct access from the property to Route 360
shall be limited to one (1) entrance/exit, as generally shown on the
Master Plan. The exact location of this access shall be approved by
the Transportation Department.
(This condition supersedes Condition 9 .of Case 83S182 for the
request property only.)
14 01SNO121-NOU-26-CPC
(NOTE: All previous conditions of Case 835182 shall remain in effect,
except as amended herein.)
PROFFERED CONDITIONS: DANKOS PROPERTY -
(STAVF/CPC)
1. Special Access Street.
Prior to any site plan approval or within sixty (60) days from a
written request by the County, whichever occurs first, a fifty (50) foot
wide right-of-way for special accessstreet (the "Special Access
Street') shall be dedicated, free and unrestricted, to and for the
benefit of Chesterfield Coupty.from Southshore Drive to the eastern
property line as generally shown on the Master Plan. -The exact
location of this right-of-way shall be approved by the Transportation
Department. At time of site plan .review, the Transportation
Department may modify this condition to allow an access easement,
acceptable to the Transportation Department, to be recorded in lieu of
dedicating the right-of-way for the Special Access. Street. (T)
(STAFF/CPC)
2. Road Improvements. To provide anadequate roadway system, the
Developer shall be responsible for the following:
a. Construction of an addition lane of pavement along the
westbound lanes of Route 360 for the entire property
frontage;
b. Construction of additional pavement along the westbound
lanes of Route 360 at the approved access to provide a
separate right -turn lane;
C. Construction of two (2) lanes of the Special Access Street
from Temie Lee Parkway to. Southshore Drive; and
d. Dedication to and for the benefit of Chesterfield County, free
and unrestricted, of any additional right-of-way (or
easements) required for the improvement identified above.
(STAFF/CPC)
3. Road Improvement Phasing. Prior to any site plan approval; a
phasing plan for required road improvements, as identified in
Proffered Condition 2, shall be submitted to and approved by the
Transportation Department. The approved phasing plan shall require
the construction of the Special Access Street, as identified in
Proffered Condition 2.(c.) in conjunction with the initial development
on the property. (T)
(STAFF/CPC)
4. Uses .permitted to operate 24 hours per day shall; be limited to the
following:
15 O1SN0121-NOV26-CPC
a. Convenience stores with or without gasoline sales
b. Hotels, motels or inns provided they are located within 300
feet of Rt. 360.
C. Medical Office
d. Banks, savings & loan associations, and/or automatic teller
machines
e. Veterinary hospitals or Clinics (P)
GENERAL INFORMATION
Location:
North line of Hull Street Road, across from North Spring Run Road and Chitai Drive. Tax
IDs 724-672-Part of 9216, 725-672-Part of 1175 and 726-672-Part of 1039 (Sheet 15).
Exist= Zg_oninQ:
A, C-2 and C-2 with Conditional Use Planned Development
Size:
37 acres
Existing Land Use:
Single family dwellings or vacant
Adi acent Zoning and Land Use:
North - R-12; Vacant '
South - C-2 and C-3; Commercial or vacant
East - R-7 with Conditional Use Planned Development and R-7; Single familyresidential,
public/semi public (Clover Hill High School) or vacant
West - C-2 with Conditional Use Planned Development, C-3 and R-9 with Conditional Use
Planned Development; Commercial, single family residential or vacant
UTILITIES
Public Water System:
Bottoms Property:
There is an existing twenty-four (24) inch water line extending along the north side of Hull
Street Road, adjacent to the request site. In addition, there is an existing eight(8) inch water
line along St. Elizabeth Drive, which terminates adjacent to the southwestern boundary of
this site, approximately 200 feet west of the proposed commercial/office development,and
16 01SNO121 NOV26-CPC
an existing eight (8) inch water line along Harbour Point Road, which terminates adjacent to
the northeastern boundary of the request site, approximately 700 feet northwest of the
proposed commercial/office development. Use of the public water system is intended for the
commercial and office development and has been proffered (Proffered Condition B.8.).
Internal looping of adequately sized water lines to connect Harbour Point Road, St Elizabeth
Drive and Hull Street Road will be required with the development of the request site.
Preliminary investigations of the water pressure in this area indicate that high domestic water
pressure can be expected in that portion of the request site with elevations less than 225 feet.
Individual pressure regulators may be necessary on water service lines.
Dankos Property:
The property is connected to the public water system. Use of the public water system is
required by County Code. ,
Public Wastewater Svstem:
Bottoms Property:
There is an existing eight (8) inch wastewater collector line, approximately 200 feet north of ;
Harbour Point Road and serving the existing Lands End Subdivision. This existing collector -
line terminates adj acent to the northeastern boundary ofthe request site, approximately 1,000
feet northwest of the proposed commercial/office development. Use of the public wastewater
system is intended for the commercial and office development and has been proffered.
(Proffered Condition B.8.) .
Dankos Properly:
This property is connected to the public wastewater system. Use of the public wastewater
system is required by County Code.
ENVIRONMENTAL
Drainage and Erosion:
Bottoms Property:
The property is within several hundred feet of Swift Creek Reservoir and drains entirely into
the reservoir through two (2) outfalls. The majority of the eastern property line is the
centerline of the stream which is adjacent to Clover Hill High School. The existing stream
shows signs of natural degradation. Currently, there are no known existing on-site drainage
or erosion problems.
With the exception of timbering that has been approved by the Department of Forestry to
remove dead or diseased trees, there will be no timbering until a land disturbance permit has
17 01 SNO121-NOV26-CPC
been obtained from the Environmental Engineering Department and the approved measures
are installed. This will insure that proper erosion control measures are in place prior to any;
timbering and related land disturbance. Further, to prevent the premature clearing, grading
or timbering of property adjacent to existing residential neighborhoods,'a site plan must be
approved prior to the clearing of any specific site within the office and agricultural tracts,
with the exception of utility extensions outside of the purview of site plan approval.
(Condition AA)
Water Ouality:
Bottoms Property:
Development must conform to the Ordinance requirements for property located with the
Upper Swift Creek watershed. Clover Hill High School, which was constructed
approximately twenty-five (25) years ago, has the majority of its old impervious area
draining directly into Swift Creek Reservoir with no water quality features for removal of
pollutants. Condition A.3.a. requires that a single BMP be designed and constructed to
accommodate runoff from the subject property as well as Clover Hill High School. This
BMP, or an alternative water quality system as approved by the Planning Commission, will
improve existing water quality and allow for future development of both properties.
The conditions require that the BMP(s) that are located' in any commercial, agricultural or
office tracts be designed as wet ponds and be landscaped or otherwise improved; as a visual
amenity for uses developed on the property. (Condition A.2:)
PUBLIC FACILITIES
Fire Service:
Bottoms and Dankos Property:
These properties are currently served by the Clover Hill Fire/Rescue Station, Company
Number.7 and Manchester 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.
Schools:
Bottoms Property:
Conditions provide for the construction of a BMP designed to serve both this development as
well as the Clover Hill High School complex (ConditionA3.a.). This BMP as well as a tree
save area north of the facility will also serve several schools as a teaching facility for the
purpose of studying water quality monitoring techniques associated with the Swift Creek
Reservoir (Conditions A.3:.b.(L) and (2)): Conditions address right of way dedication to
improve the existing Route 360 access to Clover Hill High School (Condition A.5.). Further,
18 01SN0121-NOV26-CPC
the provision.of a pedestrian/driveway connection from the school through this project will
enable the routing of school traffic to a controlled intersection at Route 360 and Temie Lee
Parkway to be used at the school's discretion (Condition A.6.). The School Board views
these improvements and dedications as an excellent way of providing additional
opportunities for educational programs for local schools as well as improving the access to
I Clover Hill High School. Further, the construction of a shared BMPwill assist the County in
addressing water quality requirements with future development on the Clover Hill High
School property. With the future relocation of Clover Hill High School, the School Board
continues to view these improvements as both pertinent and beneficial for the future use of
the property as a middle school.
Transportation:
These developments will have a direct impact on Hull Street Road (Route 360). The 2001
traffic volumes along the section of Route 360 from Woodiake Parkway to Route 288 range
from 44,000 to 61,000 vehicles per day. These volumes exceed the capacity ofthe road, and
drivers experience extreme congestion especially during peak periods. The Virginia
Department of Transportation Six -Year Improvement Program did include a project to widen
Route 360 to six (6) and eight (8) lanes from Swift Creek to Winterpock Road. Part of the
project, improvements to the Swift Creek Bridge, is funded and is currently underway.
However, due to State budgetary shortfalls, no construction funds have been allocated to
complete the balance of this project.
Bottoms Property:
The Master Plan identifies the two (2) different areas where the applicant is requesting
commercial (C-2), and office (0-2) uses. This request will not limit development of the
commercial or office tracts to specific land uses; therefore, itis difficult to anticipate traffic
generation. Based on general office and shopping center trip rates, development could
generate approximately 8,440 average daily trips.
The Thoroughfare Plan identifies Route 360 as a major arterial with a recommended right of
way width of 120 to 200 feet. One -hundred feet of right of way, measured from the
centerline of Route 360, should be dedicated in accordance with thatPlan. (Condition A.7.)
A 3.3 acre parcel that fronts Route 360 and that is surrounded by the subject property has
been developed as a drug store (Walgreens). As part of that ;development, a public road
("Temie Lee Parkway") was constructed from Route 360 through that parcel to the subject .
property. Right of way for a special access street ("the Special Access Street") should be
dedicated parallel to Route 360 from Temie Lee Parkway to the western boundary of the
subject property (Condition A.9.). This access will ultimately extend to Southshore Drive,
and serve existing and future developments on adjacent properties, as well as serving
development of the subject property. The condition permits the Transportation Department
to modify this condition by allowing the Special Access Street (i.e., public road) to be
developed as a private road with recordation of appropriate access easements. The
19 - 01SNO121-NOV26=CPC
Transportation Department continues to recommend that this road be constructed as a public
road.
Development must adhere to the Development Standards Manual in the Zoning Ordinance
relative to access and internal circulation (Division 5). Access to major arterials, such as
Route 360, should be controlled. No direct access should be provided from the property to
Route 360 (Proffered Condition A.8.). Access to Route 360 for the subject property will be
provided through the Wallgreens' parcel via Temie Lee Parkway and the existing right-turn-
in/right-turn-out only entrance/exit, located just east of the Temie Lee Parkway intersection.
Mitigating road improvements must be provided to address the traffic impact of this
development. The road improvements should include: 1) construction of additional
pavement along the westbound lanes of Route 360 at the existing access located just east of
the Temie Lee Parkway intersection to provide a separate right tum lane; 2) construction of
additional pavement along eastbound lanes of Route 360 at the Temie Lee Parkway
intersection to provide dual left turn lanes; 3) construction of a two (2) lane roadway for the
Special Access Street from Temie Lee Parkway to the western property line; 4) construction
of additional pavement along Temie Lee Parkway from Route 360 to the Special Access
Street to provide a five (5) lane typical section (i.e., three (3) southbound lanes and two (2)
northbound lanes); 5) construction of a two (2) lane roadway for Temie Lee Parkway
through the property; and 6) provision of full cost for the installation or modification of a
traffic signal at the Temie Lee Parkway/North Spring Run Road/Route 360 intersection, if
warranted (Condition A.10.). The Special Access Street should be constructed from Temie
Lee Parkway to the western property, line with initial development on the property.
(Condition A.11.)
At time of site plan review specific recommendations will be provided regarding access and
internal circulation.
In 1984, the Board of Supervisors approved a rezoning request (Case 83S 182) on forty-two
(42) acres, located on the north side of Hull Street Road (Route 360) between the Spring Run
Road and Winterpock Road intersections, for development of a mixed-use project. As part of
that zoning approval, the Board imposed several transportation related conditions that
included right of way dedication, access control and construction of road improvements.
Some of the required road improvements have been addressed with partial development of
the project. The subject property is part of that project and is currently undeveloped.,
The applicant is requesting that several conditions of the original zoning be modified' or
deleted. The applicant is specifically requesting modification to a condition of the original
zoning (Condition 2), to allow modification of the permitted uses on the property. This
request will not limit development to specific land uses; therefore, it is difficult to anticipate
traffic generation. Based on shopping center trip rates, ` development could generate
approximately 4,800 average daily trips.
20 OISNO121-NOV26-CPC
The applicant is also requesting modification to a condition of the original zoning (Condition
9), to allow additional access to Route 360. In conjunction with development of the project, a
public road (i.e., Southshore Drive) was constructed onto. Route 360. Condition 9 limits
access to Route 360 via Southshore Drive. The Transportation Department supports the
applicant's request for an additional access to Route 360, as generally shown on the Master
Plan. This access will be limited to right-tum-in/right=tum-out only.
The applicant has proffered to dedicate right of way for a Special Access Street ("the Special
Access Street's from Southshore Drive to the eastern boundary of the subject property
(Proffered Condition 1). This access will be extended to Temie Lee Parkway, and serve
existing -and future developments on adjacent properties, as well as serving development of
the subject property. The proffer permits the Transportation Department to modify this
condition by allowing the Special Access Street (i.e., public road) to be developed as a -
private road with recordation of appropriate access easements. The Transportation
Department continues to recommend that this road be constructed as a public road.
Mitigating road improvements must be provided to address the traffic impact of this
development. The applicant has proffered for 1) construct an additional lane of pavement
along Route 360 for the entire property frontage; 2) construct additional pavementalong;
Route 360 at the approved right-tum-in/right-tum-out access to.provide a separate right tam
lane; and 3) construct a two (2) lane roadway for the Special Access Street from Southshore
Drive to Temie Lee Parkway (Proffered Condition 3). The applicant has also proffered, to
construct the Special .Access Street from Southshore Drive to Temie Lee Parkway with
initial development on the property.. (Proffered Condition 3)
At time of site plan review, specific recommendations will be provided regarding access and
internal circulation.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Upper Swift Creek Plan which suggests the southern
portion of the property is appropriate for a mix of uses to include corporate office,
community scale commercial and residential development with densities of eight (8) to
fourteen (14) units per acre. The Plan suggests the northern portion of the property'
extending from the community mixed use area to the Swift Creek Reservoir is appropriate
for residential development of 2.0 dwelling units per acre or less.
One of the goals of the Plan is to provide transitional land uses between dissimilar uses, '
usually within the area designated for the more intense use. These transitional land uses
should be of an intermediate intensity between the differingdesignations so as to avoid
abrupt shifts to neighboring land uses. The subject property is located at the eastern edge of
a community mixed use area that is focused around the Winterpock/Spring Run Road
intersections with Route 360. Development on the subject property should accommodatethe
proper land use transitions to both the north and east.
21 01SN0121-NOV26-CPC
Area Develonment Trends:
The majority of area properties to the north, northeast and northwest of the subject parcels
are currently zoned residential and are developed for single family residential uses or are
vacant. Property to the west is zoned and developed for commercial use. Property to the
east is zoned residential and is occupied by Clover Hill High School. Both developed and
vacant commercially -zoned properties are located south of Route 360.
As previously noted, the Plan supports a mixture of office, community commercial and
residential uses with densities from eight (8) to fourteen (14) units per acre transitioning to
single family residential uses of 2.0 units to the acre or less to the north and east. It is
anticipated that development of the subject property will provide the suitable land use
transitions and access coordination with adjacent properties, thereby enhancing a coordinated
development pattern along this portion of the Route 360 Corridor.
Zoning History:
Bottoms Property:
On July 26, 2000, the Board of Supervisors, upon favorable recommendation by the Planning
Commission, approved rezoning from Agricultural (A) to Neighborhood Business (C-2)
plus proffered conditions on an existing zoned Neighborhood Business (C-2) tract all with
Conditional Use Planned Development, on a 3.3 acre portion of the original parent tract
shared by the subject property (Case 99SN0309; proposed Walgreens). The proffered
conditions resulting from this case were intended to set the standard for development of the.
subject property relative to quality design controls.- Similar proffered conditions addressing
items such as architecture, uses and hours, access coordination, sidewalks and signage have
been incorporated into this request
Dankos Prone
On March 28, 1984, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved rezoning of a 41.5 acre tract from Agricultural (A) to
Residential (R-9) and General Business (B-3) with Conditional Use Planned Development
(Case 83 S 182). A mixed use development to include commercial and residential uses was
proposed. Subsequent to approval of this case, the property was developed for Southshore
and St. Clair Subdivisions and arestaurant (Aunt Sarah's). The subject property represents a
portion of property affected by this case.
Site Desien
Bottoms Property;
The Master Plan submitted as part of this request depicts the general location of uses, roads
and the BMP.The two (2) proposed zoning districts of Neighborhood Commercial (C-2)
and Corporate Office (0-2) are divided into several tracts. Conditions refer to these tract
22 O1 SN0121-NOV26-CPC'
designations with respect to applicable use, bulk and design standards. Tracts may be
combined or adjusted with certain limitations (Condition A.13.). These conditions further
enhance the development, provide compatibility with adjoining land uses and accomplish
proper land use transitions:
The request property lies within an Emerging Growth Area. In addition to the numerous
conditions, new construction must conform to the requirements, of the Zoning Ordinance
which address access, parking, landscaping, architectural treatment, setbacks, signs, buffers,
utilities and screening of dumpsters and loading areas.
In addition to these requirements, the conditions further enhance the development and insure
that the entrance (Temie Lee Parkway) to future and existing residential neighborhoods is
developed with high quality standards (Condition B.4.). Conditions address enhanced
landscaping and setbacks along Route 360 and Tem ie Lee Parkway (Condition B.2.).
Provisions have, however, been made for setback exceptions along Temic Lee Parkway only
for the purpose of accommodating the road alignment and the construction of patios for
outdoor cafe use (Condition B.6.). If these setback exceptions are sought, site plans must be
approved by the Planning Commission. Condition B.6. would not permit exceptions, except
as allowed through this application, to the Emerging Growth District standards without a
future zoning amendment
IBM
TOM9 9=6
Amendments are requested to several conditions of Case _83S 182 to promote compatibility
between this development and that of the adjacent Bottoms property. Specifically, an
amendment to Condition l of Case 83S182 is requested to permit the approved Master Plan
to be replaced with the submitted Master Plan, which depicts the general location of roads
and access. (Condition l)
Condition of Case 835182 required that parking areas be located north of structures and
provided for minimum landscaping requirements within these parking areas. An:amendment
is requested to Condition 4 to address enhanced landscaping; and setbacks along Route 360
for buildings, parking and drives that are consistent with; those applied to the Bottoms
Property to promote a coordinated streetscape along Hull Street Road. Further, with
deletion of this condition, landscaping withinparking areas would follow current Ordinance
standards, which provide for a greater degree of landscaping. (Condition 4).
Proffered conditions have been submitted to further enhance the development and to promote
a project that is visually coordinated and compatible with development of the adjoining
Bottoms Property.
23 OISNO121-NOV26-CPC
Sidewalks:
Bottoms Property:
To enhance pedestrian accessibility to existing and future residential neighborhoods,
commercial and office development, a sidewalk system is proposed along both sides of
Temie Lee Parkway as well as throughout the project to connect these various uses to the
Temie Lee Parkway sidewalk system (Proffered Condition A.1.). A combined pedestrian
and driveway connection is also proposed to the east, connecting the project to Clover Hill
High School. (Condition A.6.)
Uses and Hours:
IIMMITIM =%"
In response to concerns relative to providing appropriate land use transitions along the
eastern boundary in accordance with recommendations of the Plan, conditions have been
recommended (Condition C.5.). Except as limited by this proffer, all Neighborhood Business
(C-2) uses would be permitted on Tracts A, B and D through I. Tract C would be restricted
to Convenience Business (C-1) uses adjacent to Clover Hill High School. In addition,
conditions allow for an exception to permit a fast food restaurant on Tract B,(Condition
C.6.). To minimize the impact of commercial development on_ Tract L residential
development on Tract L as well as surrounding area, conditions address hours of operation
on all commercial tracts. (Condition C.4.)
Uses permitted in the Corporate Office (0-2) tracts (Tracts J and K) would.follow Zoning
Ordinance requirements.
Uses permitted in the Agricultural (A) tract (Tract L) would follow Zoning Ordinance
requirements except that single farnily residential uses would not be permitted. This would
eliminate the possibility of recording lots fronting along the extension of Temie Lee Parkway
and St. Elizabeth Drive outside the purview of the subdivision process. (Condition E.1.)
Dankos Pronertv:
With the approval of Case 83 S 182, uses were restricted to those permitted in the B-1 District
plus several uses permitted in the B-2 and B-3 Districts. There are currently no limitations on
hours of operation for uses on this property. In response to area residents' concerns, the
applicant has requested amendment of this Condition 2 to further restrict these permitted
uses (Condition 2). In addition, Proffered Condition 4 limits the number of uses that may
operate twenty-four (24) hours per day.
24 01SNO121-NOV26-CPC
Construction of Office and Commercial Uses:
Bottoms Property:
To ensure that firture pressures to construct commercial uses in the office tracts are
I minimized, proffered conditions would limit the issuance of certificates of occupancy for
commercial uses to a cumulative total of 50,000 gross square feet until certificates of
occupancy have been granted on the office tracts (Tracts J and K) (Proffered Condition C:3.).
Further, to facilitate traffic movements from existing residential development to the west; to
the proposed signalized intersection at Route 360 and Temie Lee Parkway, no building
permit for more than 50,000 gross square feet of office and commercial development may be
issued until traffic movements are accommodated between Southshore Drive through the
subject property to Hull Street Road. (Condition B.7.)
Sims for Commercial and Office Tracts:
I-MMINWOR 6 1=1 11
Since the adjacent Walgreen's development will eventually be incorporated into the
development of the subject property, the proffers for the design of freestanding signs within
the commercial tracts are consistent with those applicable to Walgreen's. (Proffered
Condition C.7.)
Dankos Property:
Condition 5 of Case 835182 requires sign package approval by the Planning Commission.
An amendment to this condition is requested to require the design of freestanding signs to be
consistent with those proffered for the Bottoms property. All signs would conform to the
requirements of the Ordinance. (Condition 5)
Architectural Treatment and Liehtine for Commercial and Office Tracts:
160,71rers"Mrk
in addition to the requirements for Emerging Growth Areas, conditions require that buildings
in the commercial and office tracts be compatible in architectural style, colors and materials
to the building approved on the adjacent tract (Tax ID 725-672-9524 and 8118 and
commonly known as Walgreens) as detailed in these conditions (Condition B.1.). Further,
Conditions C.1.,C.2. and D.I.restrict the square footage of buildings and uses in the
commercial tracts and the height of buildings in the commercial and office tracts. Except for
Tract A, the height and intensity of the proposed parking lot lighting would be reduced as
development occurs closer to the residential areas, and building -mounted light fixtures in the
office tracts would not be located. within 100 feet of any residentially -zoned property,
excluding Clover Hill High School, or within 100 feet of Tract L (Conditions B.3. and D.2.).
Lighting for Tract A would follow Ordinance requirements. These limitations provide
transitions in scale between the proposed commercial and office uses and the existing and "
25 OISNO121-NOV26-CPC
future residential uses located to the north and northeast of these non-residential tracts.
Conditions also address the treatment of drive-thru and gasoline canopies and the location of
drive-in windows. (Proffered Condition B.l.c.)
� � A
Condition 3 of Case 835182 requires that development be oriented away from Hull Street
Road, with rear and side facades of buildings that are visible from a public road having an
appearance similar to the front facades. Loading areas are required to be screened fromview
of adjacent properties and public roads. An amendment is requested to this condition to,
require that buildings be compatible in architectural style, colors and materials to the
building approved on the adjacent tract (Tax ID 725-672-9524 and 8118 and commonly
]mown as Walgreens), consistent with proposed development on the Bottoms Property
(Condition 3). Loading areas would continue to be screened from view of the adjacent
residential property to the north and from any public rights. of way, consistent with
Ordinance standards.
Buffers and Screening for Commercial and Office Tracts:
Bottoms Pro
Currently, the Zoning Ordinance requires that sites must be designed and buildings oriented
so that loading areas are screened from any property where loading areas are prohibited and
from public rights of way. To enhance the proposed entrance to this development as well as
to the existing residential communities to be served by this road, proffered conditions restrict
the location of loading areas between the buildings and Temie Lee Parkway, with buildings
along this road employing the same architectural treatment, color and materials on all four
(4) sides. The Planning Commission may modify this proffer at the time of site plan review
subject to specified criteria (Condition B.I.b.)
Adjacent property to the east is zoned Residential (R-7) and is occupied by a public/semi
public use (Clover Hill High School) or single family dwellings. A fifty (50) foot buffer,
inclusive of certain site improvements, is proposed along this eastern boundary, adjacent to
the school. The Planning Commission will determine the exact treatment of this buffer at
time of site plan review for the affected area (Condition B.S.)
A portion of the agricultural tract. (Tract L) abuts, an existing residential subdivision to the
east(Lands End). Currently, the Zoning Ordinance does not require the provision of a buffer
between agricultural and single family residential districts; however, conditions provide for a
fifty (50) foot easement abutting this adjacent subdivision, within which measures will be
taken to minimize tree removal as part of a water quality teaching area. (Condition
A.3.b.(1.)).
The Plan suggests that Tract L is appropriate for residential development. Therefore, buffers
are required 'between office uses and Tract L in accordance with Zoning Ordinance
requirements.
26 OISNO121 NOV26-.CPC
CONCLUSIONS
This proposal conforms to the Unoer Swift Creek Plan which suggests that the southern portion of
the property is appropriate for a mix of uses to include corporate office, community scale
commercial and residential development with densities of eight (8) to fourteen (14) units per acre.
The Plan suggests the northern portion of the property extending from the community mixed use
area to the Swift Creek Reservoir is appropriate for residential development of 2.0 dwelling units per
acre or less.
The property is located on the periphery of the community mixed use designation. The requested
zoning accomplishes a proper land use transition to the east. The proffered conditions establish
standards that will result in a quality development and enhance the entrance into future and existing
residential neighborhoods. The proffered conditions further address issues related to, but not limited
to, the phasing of development; limitation on commercial uses and associated hours of operation;
architectural controls; and access coordination with adjacent properties. Many of these proffers
resulted from concerns expressed by area residents and property owners in meetings with the County'
and the subject property owners. Further, the proposed amendments to Case 8350182 (Dankos
Property) promote development that is both coordinated and compatible with the proposed adjacent
rezoning to the east. (Bottoms Property)
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (11/16/00):
On their own motion, the Commission deferred this case to January 16, 2001.
Staff (11/17/00):
The property owners were advised in writing that any significant new or revised information
should be submitted no later than November 27, 2000, for consideration at the Commission's
January 16, 2001, public; hearing.
Staff (12/22/00):
To date, no new information has been submitted.
27
O1SNO121NOV26-CPC
Planning Commission Meeting (1/16/01):
At the request of the applicant, the Commission deferred this case to March 20, 2001. The
property owners agreed to this deferral.
Staff (1/17/01):
The property owners were advised in writing that any significant new or revised information
should be submitted no later than. January 23, 2001, for consideration at the Commission's
March 20, 2001, public hearing.,
Staff (3/1/01):
To date, no new information has been submitted.
Planning Commission Meeting (3/20/01):
At the request of the applicant, the Commission deferred this case to June 19, 2001 The
property owners agreed to this deferral.
Staff (3/21/01):
The property owners were advised in writing that any significant new or revised information
should be submitted no later than April 16, 2001, for consideration at the Commission's June
19, 200.1, public hearing.
Staff (5/24/01):
To date, no new information has been submitted.
Planning Commission Meeting (6/19/01):
At the request of the applicant, the Commission deferred this case to September 18, 2001.
The property owners agreed to this deferral.
Staff (6/20/01):
The property owners were advised in writing that any significant new or revised information
should be submitted no later than July 16, 2001, for consideration at the Commission's
September 18, 2001, public hearing.
Staff (8/28/01):
To date, no new information has been submitted.
Planning Commission Meeting (9/18/01):
At the request of the applicant, the Commission deferred this case to December 18, 2001.
The property owners agreed to this deferral.
Staff (9/19/01):
The property owners were advised in writing that any new or revised information should be
submitted no later than October 15, 2001, for consideration at the Commission's December
18, 2001, public hearing,.
Property Owners, Staff, Adjacent Property Owner and Clover Hill District Commissioner (10/2/01):'
A meeting was held to discuss the coordination of development between the subject property .
and that of an adjacent commercially -zoned property to the west.
Items discussed included uses, access, signage and site design. It was generally agreed that
the adjacent property owner would explore the possibility of a zoning amendment on this
adjacent parcel in an effort to encourage uniformity of development among the two (2)
parcels.
Staff (11/27/01):
To date, no new information has been submitted.
Planning Commission Meeting (12/18/01):
At the request of the applicant, the Commission deferred this case to March 19, 2002. The
.property owners agreed to this deferral.
29 01 SNO121-NOV2,6-CPC
Staff (12/19/01):
The property owners were advised in writing that any new or revised information should be
submitted no later than January 14, 2002, for consideration at the Commission's March 19,
2002, public hearing.
Property Owners, Staff, Adjacent Property Owner, Area Residents and Clover Hill District
Commissioner (2/20/02):
A meeting was held to further discuss the coordination of development between the subject
property and that of an adjacent commercially -zoned property to the, west.
Board of Supervisors (2/27/02):
The Board authorized the property owner of the adjacent commercially -zoned property to the
west to be a co -applicant and to include that adjacent property in the request.
Property Owner (3/18/02):
The application was amended to include the adjacent property as authorized by the Board of
Supervisors.
Planning Commission Meeting (3/19/02):
At the request of the applicant; the Commission deferred this case to June 18, 2002. The
property owners agreed to this deferral
Staff (3/27/02):
The property owners were advised in writing that any new or revised information should be
submitted no later than April 15, 2002, for consideration at the Commission's June 18, 2002,
public hearing. .
Property Owners (6/3/02, 6/6/02 and 6/17/02):
Revised proffered conditions were submitted.
30 01 SNO121-NOV26-CPC
Planning Commission Meeting (6/18/02):
At the request of the applicant, the Commission deferred this case to September 17, 2002.
The property owners agreed to this deferral.
Staff (6/19/02):
The property owners were advised in writing that any new or revised information should be
submitted no later than July 10, 2002, for consideration at the Commission's September 17,
2002; public hearing.
Property Owners, Staff and Clover Hill District Commissioner (8/26/02):
A meeting was held to discuss amending the application to exclude the residential portion of
the request. The property owners' representative indicated a deferral would be in order.
Planning Commission Meeting (9/17/02):
At the request of the applicant, the Commission deferred this case to October 15, 2002. The'
property owners agreed to this deferral.
Staff (9/18/02):
The property owners were advised in writing that any new or revised information should be
submitted no later than September 23, 2002, for consideration at the Commission's October
15, 2002, public hearing.
Board of Supervisors Meeting (9/18/02):
The Board authorized the amendment of the application to exclude the residential portion
of the request.
Property Owners (Bottoms Property) (9/27/02):
Theproperty owners withdrew all proffered conditions applicable to that portion of the
subject property known as the Bottoms Property;
31 OISNO121-NOV26-CPC
Planning Commission Meeting (10/15/02):
The property owners and applicant accepted the recommendation. There was no opposition
present.
Mr. Litton. expressed concern relative to rollback taxes on the Board -initiated portion of the
request (Bottom's Property).
Mr. Gulley noted that this case had been debated and refined for over two (2) years; that
several conditions will benefit the adjacent school with respect to improved access and BMP
construction; that the applicant represented a coordinated development with adjacent
commercial and residential projects; and that the rollback taxes are only being deferred
consistent with other Board -initiated cases.
On motion of Mr. Gulley, seconded by Mr. Cunningham, the Commission recommended
approval of this request subject to the conditions and acceptance of the proffered conditions
on pages 2 through 15.
AYES: Messrs. Gecker, Cunningham, Gulley and Stack.
NAY: Mr. Litton
Property Owners, Staff and Clover Hill District Commissioner (10/21/02):
A meeting was held to clarify the impact of conditions relative to timbering (Condition AA.);
dual left tum lanes at the Temie Lee Parkway/Hull Street Road intersection (Condition
A. 10.b.); and prohibition of single, family residential uses in the Agricultural (A) tract.
(Condition E.1.)
The Board of Supervisors, on Wednesday, November 26, 2002, beginning at 7:00 p.m., will take
under consideration this request
32 01 SN0121-NOV26-CPC
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