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05SN0167-Feb23.pdfFebruary 15, 2995 CgG February 23, 2005 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION' 05SN0167 Breckenridge Associates LLC Bermuda Magisterial District 12700 Jefferson Davis Highway REQUEST: Amendment to zoning (Case 86S 156) relative to buftbr and setback requirements. PROPOSED LAND USE: Redevelopment of tenant spaces to accommodate a larger grocery store within the Breckenridge Shopping Center is proposed. Reduction in the landscaped buffer and building setback adjacent to the western property line; as required by conditions of zoning, to accommodate this tenant space expansion is proposed. PLANNING COMMISSION RECOMMENDATION iRECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON PAGE 2. STAFF RECOMMENDATION The proffered condition was negotiated between the applicant of Case 86S156 and area property owners. After consideration of public input, should the Commission and Board wish to approve this amendment, acceptance of the Proffered Condition would be appropriate. (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED tS A BU'FFER CONDITION. THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION, CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF, CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) Provid/ng a FIRS'.[' CI:tOtCt;'~ commcmiu, tlnrough excellence in pubhc service PROFFERED CONDITION The property owner and applicant in this rezoning case, pursuant to Section 15.2-2298 of thc Code of Virginia (1950 as mnended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffer that the property under consideration will be developed according to the following profl.izrs if, and only it; 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 proftk, rs shall immediately be null and void and of no further force or effect. Pro'ffered Condition 11 of Case No. 86S 156 is hereby amended and restated as tbllows: (STAFF/CPC) i I. On the western property line, adjacent to Tax ID 798-653-0325, there shall be a fifty (50) lbot landscaped hull'Er, except as shown on the plan by Vanasse Hangen Brustlin, Inc. dated February 9, 2005. Within the fifty (50) tbot buffer, healthy vegetation having a caliper of six (6) inches or greater shall be maintained, staggered evergreens (fifteen (15) feet on center, four (4) to five (5) lbot minimum height at time of planting) shall be installed and minimum of a six (6) [bot tall masom'y wall shall be installed. The exact treatmem of the buffers shall be approved by the Plamfing Department. There will be a I25 foot minimum building setback, except as shown on the at~orementioned plan. (P) GENEP~4,L INFORMATION Location: South line of Rome 10, west of Jefferson Davis Highway and commonly known as 12700 Jefferson Davis Highway. Tax iD 798-653-0495 (Sheet 26) Zonin~ History: On April. 22, 1987, the Board of Supervisors, upon a favorable recommendation, by the Commission, approved a rezoning from Agricultural (A) to Community Business (B-2) with Conditional Use Planned Development on a twenty-five (25) acre portion of the request property, m~d accepted proffered conditions on this tract, as well as the remaining portion of the request property and adjacent properties, which were zoned Community Business (B-2) and General Business (B-3), fbr the development of the Breckenridge Shopping Cenler. These proffers, in part, addressed buffers and building setbacks adjacent to the residential development to the west (Gay Farms). Specifically, Proffered Condition 11 of Case 86S1.56 required a twenty-five (25) foot buflbr with a fifty (50) landscaped buffer containing staggered evergreens and a six (6) foot tall. wood Pence. The minimum building setback was established at 125 feet. 2 05SN 0167-.t::'EB23=B OS Subsequent to zoning, area residents expressed concern relative to the effectiveness of the wood fence in screening loading areas and providing noise abatement. As a result, the developer, with the approval of staff, erected a masonry wall in lieu of the required wooden fence within the fifty (50) fbot buflbr. Additional intbrmmion regarding this request is available in the Planning Department (Room 203) at the Chesterfield County Administration Building, Chesterfield, Virginia between the hours of 8:30 A.M. and 5:00 P.M. of each. :regular business day. You may also contact the PImming Department at 748-1050. CASE HISTORY Planning Commission Meeting (2/15/05): T'he applicant accepted the recommendation. There was opposition present. Concern was expressed that approval of this request would al low-commercial uses closer to the adjacent residential development. Mr. Wilson stated that the Gay Farms Civic Association supports the amendment. On motion of Mr. Wilson, seconded by Mr. Gecker, the Commission recommended approval and acceptance of the Proffered Condition on page 2. AYES: Unanimous. The Board of Supervisors, on Wednesday, February 23, 2005, beginning at 7:00 p.m., will take under consideration this request. 3 05SN0t67-FEB23~BOS l/ l i · ~N OZ ZLIJ o551N101~, ?-I