04SN0271-Mar9.pdfFebruary 15, 2005 CPC
March 9, 2005 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
04SN0271
Jack and Nina Shoosmith
Bermuda Magisterial District
Southeast quadrant of Iron iBridge and Branders Bridge Roads
REQUEST:
Rezoning from Community Business (C-3) to Community Business (C-3) with
Conditional Use Planned Development to permit exceptions to Ordinance
standards.
PROPOSED I~AN'D USE:
A commercial shopping center is proposed. With approval of this request,
permitted uses will include those uses permitted by right or with restrictions in the
Community Business (C-3) District except as Limited by proffered conditions.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 6.
STAFF RECOMMENDATION
Recommend denial for the 'tk)ltowing reasons:
The proposed zoning and land use do not conform with the Chester Vil. la~e Plan
which suggests the property is appropriate for a mix of uses to include corporate
office uses and under special circumstances, multi-family residential uses of seven
(7) to ten (10) units per acre on the northern part of the property and single family
residential uses of 1.01 to 2.5 units per acre on the southern part of the property.
Approval of this request could set a precedent tbr additional commercial
development in. areas designated on the Plan tbr mixed use. Commercial
Provtding a FIRST CItOICE commum~? through excdle~ce m public service
development in these areas would violate the goals of both the Central Ama Plan
and the Chester Village Plan to avoid typical strip commercial development along
the Route I0 Corridor.
The proposed zoning and land uses encroach into an existing and ptanned
residential area. The proposal fails to address appropriate transitions and
compatibility with the residential areas to the south and the commercial uses
proposed by this application.
Many of the proposed exceptions to Ordimmce requirements are inconsistent with
the established design criteria ofth.e Corridor.
(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
AI)DFFIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFEt:USD CONDITIONS
(.CPC)
1. Utilities. Public water and wastewater systems shall be used. (U)
(CPC) 2.
Timbering, Except for the timbering approved by the Virginia State
Department of Forestry ~br the purpose of removing dead or diseased trees,
there shall be no timbering on the Property until a land disturbance permit
has been obtained from the Environmental Engineering Department and
the approved devices have been instaIled. (EE)
(cpc)
3. Stonnwater Management.
For any area that drains to the Chester Fishing Club Pond, the
developer shall not opt-ont of the Chesapeake Bay iPreservation
requirements. The Best Management Practice (BMP) used fbr the
development shall be designed so that it can be monitored by the
developer to determine if the percentage of removal of
phosphorous~ as indicated by the State, is being achieved. This
monitoring plan shall be submitted by the developer to the
Department of Environmental Engineering's Water Quality Section
for their review and approval.
The existing lake owned by Chester Fishing Club must be analyzed
for any adverse hydrological impact as a result of the new
development. The cost of all hydraulic improvements shown to be
necessary by the analysis shall be borne by the applicant,
developer, or assigns. The improvements shall be made in
2 04SN027'1 -MAR9-BOS
(CPC)
(CPC)
accordance with a plan that schedules improvements to be made at
such time to prevent the increasing runoff t?om exceeding the
dam's hydraulic capacity. Any hydraulic improvements shall be
designed and certified by a Professional Engineer. (EE)
Uses.
Uses on property known as 'Fax ID 783-652-1315 shall be limited
to offices, funeral homes or mortuaries.
A minimum of an 8,000 gross square loot building shall be
constructed at the northeastern most portion of Tax ID 783-652-
1315; provided however, that a BMP may be constructed between
such building and Route I 0. Until Certificates of Occupancy have
been issued tbr this building, no more than 100,000 gross square
feet of C-3 uses, excluding those uses permitted by right or with
restrictions in the Neighborhood Office (Om 1) District, shall receive
any Certificates of Occupancy. (P)
Pot. lered Condition 4.a. uses shall be limited to
Except as noted in r ''~ '~
those uses permitted by-right and with restrictions in the C-3
District except the Ibllowing uses shall not be permitted:
i. Cocktail lounges and nightclubs,
ii. Pool halls.
iii. Second hand shops.
iv. Skating rinks.
v. Video arcades.
vi. Bowling alley.
(Note: In the event additional uses are allowed in
classification, at no time shall multil'h,mily housing,
pawnshops be permitted). (P)
the C-3 zoning
town.houses, or
Buffer. A seventy-five (75) lbot buftier shall be maintained adjacent to Tax
liD's 783-632-352i and 783-65t-2283. This buffer shall conlbrm to
sections 19-520 (a), 19-521 and 19-522 of the Zoning Ordinance.
Additional medium evergreen shrubs shall be provided within this buft;zr
m a height of three (3) to tour (4) feet at time of planting and planted at an
average rate of ()ne per eight (8) foot within this buffer. (Note: This
condition allows modification of the burl:Er requirement by the Planning
Commission through site plan review.) (P)
3 04SN027 I-MAR9 ,.B(.)S
(cpc)
(cpc)
(cPc)
(cpc)
(cPc)
(CPC)
lO.
11.
Tenant Size. With the exception of one tenanL no tenant space shall
exceed 50,000 gross square feet in area. Provided further, in no event
shall a tenant space exceed 65,000 gross square feet in area. (Pi)
Design Guidelines. The development shall comply with the requirements
of thc Chester Village design criteria found in the 'Development
Requirements - Village District' as stated in the Chesterfield. County
Zoning Ordinance as it pertains to the following:
External Lighting
Street Lighting
Street Tree Planting (P)
Building Heights. Building heights shall not exceed one m~d a half stories.
(P)
Architecture. Thc architectural treatment of buildings, to include
materials, color and style, shall be compatible with Rivers Bend Shopping
Center. Compatibility may be achieved through the ttse of similar building
massing, materials, scale, colors or other architecturaI features. (P)
Sidewalks Sidewalks, and crosswalks where necessary, shall bc
constructed along the east side of Branders Bridge Road, the north side of
West Hundred Road and the south side of Route 10 for the entire length of
the subject properties adjacent to st~ch roads. The exact location, and
design of these improvements shall be determined by the Transportation
and Planning Departments. (T&P)
Transportation. Prior to any final site plan approvaI, the ~btlowing rights
of way shall be dedicated, free and unrestricted, to and for the benefit of
Chesterfield County:
One hundred (100) feet of right of way on the south side of Route
10, measured from the centerline of that part of Route 107
immediately adjacent to the property;
Forty-five (45) feet of right of way on the east side o'f Branders
Bridge Road, measured from the centerline of that part of Branders
Bridge Road, immediately adjacent to the property';
Forty-five (45) feet of right of way on the north side of West
Hundred Road, measured from the centerline of that part of West
Hundred Road, immediately adjacent to the property. (T)
4 04SN027 :i ~N.{.AR943( )S
(cpc)
12.
Access. Direct access from the property to Route 10 shall be limited to
two ('2) entrance/exits. One (I) Route 10 access shall be located
approximately midway of the Route 10 property frontage, and the second
Route 10 access shall be located towards the eastern property line. Direct
access fi-om the property to Branders Bridge Road shall be limited to two
(2) entrance/exits, One (i) entrance/exit on Branders Bridge Road shall
generally align Carver ttei. ghts Drive and be designed to preclude vehicles
exiting the property from traveling southbound on Branders Bridge Road.
The second entrance/exit on Branders Bridge Road shall be located
approximately hall~,'ay between Carver }teights Drive and Route 10 and
shall be limited to right turns only. The exact location and design of these
accesses shall be approved by the Transportation Delpartment. Direct
access 1~om the property to West Hundred Road shall be limited to one (1)
entrance/exit located towards the eastern property line~ The exact locatio~
of this access shall be approved by the Transportation Department. Prior to
any site plan approval, an access easement(s), acceptable to the
Transportation Depa~nent, shall be recorded across the property to ensure
use of these accesses with adjacent properties. (T)
(CPC)
13.
Road Improvements. To provide an adequate roadway system, the
developer shall be responsible tbr the following:
Construction of additional lane of pavement along the eastbound
lanes of Route I0 for the entire property frontage;
Construction of an additional lane of pavement along the
eastbound lanes of Route 1.0 at each approved access to provide a
separate right turn lane;
Construction of a new' crossover on Route I0, east of the Branders
Bridge Road intersection, located towards the eastern property line.
The exact location of this crossover shall be approved by the
Transportation Department. Adequate leIl turn. lanes shall be
constructed in both directions on Route 10 at this crossover;
Full cost of traffic signalization at the site access/Route 10
intersection, if warranted as determined by the Transportation
Department;
Construction of an additional lane of pavement along Brm~ders
Bridge Road for the entire property frontage;
Full cost of traffic signal modificatkm at the Branders Bridge
Road/Route i0 intersection, if required as determined by the
Transportation Department;
5 04SN0271 - MAR9,,. BO S
(cPc)
(cPc)
(cPc)
14,
15.
16.
Construction of a traffic island/circle in West Hundred Road at the
approved access, if approved by the Transportation Department
and VDOT. In the event a traflSc island/circle is not approved
the West Hundred Road access, additional pavement shall be
constructed along West Hundred Road at tile approved access to
provide left' m~d right turn lanes, if warranted. Relocation of the
ditch to provide an adequate shoulder along the north side of West
}tundred Road tbr the entire prope'ny f?ontage; and
Construction of a raised median along Branders Bridge Road fi'om
Route 10 to West Hundred Road with a directional crossover at
Carver Heights Drive. This directional crossover shall be designed.
to preclude vehicles exiting the property fi:o'm traveling southbound
on Branders Bridge Road. The exact length and design of these
improvements shall be approved by the Transportation
Department;
Construction of additional pavement along Branders Bridge Road
to provide a right turn lane at each approved access;
Construction of additional pavement along Branders Bridge Road
to provide a left turn lane at the directional crossover at Carver
Heights Drive; and
Dedication to Chesterfield County, free and unrestricted., of any
additional right-of-way (or easements) required fbr the
improvements identified above. (T)
Prior to any final site plan approval, a phasing plan for the required road
improvements, as identified herein, shall be submitted to and approved by
the Transportation Department. (T)
The Textual Statement dated July 6, 2004 and revised February 14, 2005,
shall be considered the Master Plan. (P)
Notification. The developer shall be responsible ibr notifl~'ing by
registered, certified or first class mail the last known representative on file
with the Chesterfield County Planning Department of Cl~ester Community
Association and the Chester Fishing Club of the submission of any site
plan fbr the development. Such notification shall occur as soon as
practical, but in no event less than twenty-one (21) days prior to the
approval of such plans. The developer shall provide the Planning
Department with evidence that such notice was senL (P)
6 04SN027 I-MAR9-BOS
GENERAL iNFORMATION
Location:
South line of Iron Bridge Road, East lin.e of Branders Bridge Road and the north [ine of
West Hundred Road, an.d located at the intersection of these roads. Tax IDs 782-651-
3577, 4567, 5761, 7069 and 9075; 782-652~0316, 5011 and 92131 and 783-652-1315
(Sheet 26),
Existing Zoning:
Size:
20.4 acres
Existing Land Use:
Single :fmnily residential or vacant
Adjacent Zonimz and Land Use:
North - A; Single :thlnily residential or vacant
South - A and C-2; Single i~mily residential or ot~fice
East - A; Single family residential
West - A; Public/semi-public (school.) or vacant
UTILITIES
Public Water System:
There is au~ existing eight (8) inch water line extending along West .Hundred Road
adjacent to portions of the request site. In addition, there is an existing sixteen (16) inch
water line along Branders Bridge Road, south of West Hundred Road. This line reduces
to an eight (8) inch line and continues along Branders Bridge Road up to Carver Heights
Drive. This eight (8) inch line is adjacent to portions of the request site. 'Use of the public
water system is intended and has been proffbred by the applicant. (Proffered Condition 1)
Public Wastewater System:
There is an existing eighteen (t 8) inch wastewater trunk line that extends along the south
side of iron Bridge Road, a4jacent to this site. In addition, an eight (8) inch wastewater
collector line extends along the west side of Branders Bridge Road opposite the request
7 04SN0271~MARg..BOS
site. Use of the public wastewater system is intended and has been proffered by the
applicant. (Proffbred Condition I)
ENVIRONMENTAL
Draina~.~ and Erosion:
There are currently no on- or oft;site drainage or erosion problems with none anticipated
after development. This will insure that adequate erosion control measures are in place
prior to any timbering. The property' is partially wooded and should not be timbered
without first obtaining a land disturbance permit from the Environmental Engineering
Department. (Proffered Condition 2)
Water
A portion of the property drains toward Route t0 m~.d then via crossover pilpe directly into
the Chester Fishing Club lake. The remainder of the property drains to the northeast and
under Route 10 bypassing the Fishing Club lake. To protect the fake from any adverse
runoff ficom this site, the developer has chosen not to opt-oat of the Chesapeake iBay
Program and has agreed to monitor the water quality of the lake. (Proffered Condition 3)
PUBLIC FACILITIES
Fire Service:
The Chester Fire Station, Company Number 1, and Bensley Bermuda Volunteer Rescue
Squad currently provide fire protection and emergency medical service (EMS). This
request wilt have only a minimal impact on fire and EMS.
When the property is developed, the number of hydrants, quantity of water needed fbr fire
protection, m~d access requirements wilt be evaluated during the plans review process.
Transportati on:
The property is 20.4 acres bounded by Iron Bridge Road (Route 10) to the north, West
Hundred Road to the south, and Branders Bridge Road to the west.
On December 15, I999, the Board of Supervisors approved Case 99SN0295, rezoning the
property ikom Corporate Office (0-2) and Agricultural (A) to Community Business (C-3).
The conceptual zoning plan for Case 99S'N0295 showed subdivision of the property into
two (2) tracts: a retail (C-3) tract and an office (0-2) tract. The applicant is requesting
rezoning to permit retail (C-3) uses on the entire property.
This request will not limit development to a specific land use; therel~bre, it is difficult to
anticipate traffic generation. Based on shopping center trip rates, development could
8 04SN(i)27 t ~ MAR% BOS
generate approximately 10,800 average daily trips (ADT). These vehicles wilt initially be
distributed along Route t0, Branders Bridge Road and West ttundred Road which had
2004 traffic counts of 23,069; 7,176; and 2,264 vehicles per day', respectively.
The Thoroughl~re Plan identifies Route 10 as a major arterial with a recommended right
of way width of 120 to 200 feet. The Th. oroughI~are Plan also identifies Branders Bridge
Road and West Hundred Road as major arterials with recommended right of way widths
of ninety (90) tbet. The applicant has proffered to dedicate I. 00 feet of right of way along
Route 10 and l.;t>rty-five (145) feet of right of way' along both Branders Bridge Road and
West }tun.dred Road in accordance with that l~lan. (Proffered Con.dillon 11)
Development nqust adhere to the Development Standards Manual in the Zoning
Ordinance relative to access and internal circulation. (Division 5). Access to major
arterials, such as Route 10, Branders Bridge Road and West Hundred Road, should be
controlled. The applicant has proffered that direct access from the property to Route 10
will be limited to two (2) e'ntrance/exits (Proffered Condition 12). One (1) Route 10
access will be located approximately midway' of the Route 10 property frontage, and the
second Route 10 access will be located towards the eastern property line.
Proffered Condition 12 also limits direct access 't¥om the property to Branders Bridge
Road to two (2) entrance/exits. One (t) entrance/exit on Branders Bridge Road will align
Carver [,teights Drive and be designed to preclude left turns exiting the property. The
second entrance/exit on Branders iBridge Road will be loomed approximately halfway
between Carver Heights [)rive mad Route 10 and wiI. l be [imited to right turns only,
Direct access from the property to West Hundred Road wilt be limited to one (1)
entrance/exit located towards the eastern property line (Proffered Condition 12). The
proffer requires that an access easement(s) be recorded across the property' to ensure
shared use of all these accesses with adjacent properties.
The traffic impact of this development must be addressed. Most area roads in this part of
the cotmty have little or no shoulders, fixed objects adjacen.t to the edge of pavement, and
poor vertical and horizontal alignments (i.e. Branders Bridge iRoad, West Hundred Road,
Bradley Bridge Road). As development continues in this part of the county, traffic
volumes on area roads will substantially i~crease. The roads wilt need to be improved to
address saibty m'~d accommodate the increase in traffic. The applicants have proffered to:
1) construct an additional lane of pavement along Route 10 fbr the entire property
I?ontage; 2) construct additional pavement along Route 10 at each approved access to
provide a separate right turn lane; 3) construct a new crossover on R.oute 10, east of the
Branders Bridge Road intersection, located towards the eastern property line, Adequate
left turn lanes will be constructed in both directions on Route 10 at this crossover; 4)
provide full cost of traffi, c signalization at the site access/Route 10 intersection,
warranted; 5) construct an additio.nat lane of pavement along Branders Bridge Road
the entire property l¥ontage; 6) provide f'ull cost of traftlc signal modification at the
Branders Bridge Road/Route t0 intersection, it' necessary; 7) construct a tra:ffic
9 04SN027 t - MAR9~ BC)S
island/circle on West Hundred Road at the approved access, if approved by VDOT m~d
the Transportation Department. In the event a traffic island/circle is not approved,
additional pavement will be constructed along West Hundred Road at the approved
access to provide left and right turn lanes; 8) relocate the ditch to provide an adequate
shoulder along the north side of West Hundred Road tbr the entire property fi:ontage; 9)
construct a raised median along Branders Bridge Road ti-om Route 10 to Carver Heights
Drive, including a directional crossover at Carver Heights Drive, 'ii'his crossover should
preclude vehicles exiting the property from traveling south on Branders Bridge Road; 10)
construct additional pavement along Branders Bridge Road to provide right turn lanes at
each approved access and a left turn lane at the access that aligns Carver Heights Drive;
and, 1l) dedicate any additional right of way required for the above improvements.
(Proffered Condition 13)
There are two (2) public road improvement projects in this area currently included in the
Virginia Department of Transportation Six-Year Improvement Plan. The first is a project
to improve the shoulders along Brandcrs Bridge Road from Carver Heights Drive to
Bradley Bridge Road. The second is a pr~iect to reconstruct Branders Bridge Road as a
2-lane roadway from the Carver Heights Drive intersection to south, of the Happy Hill
Road intersection. According to the Plan., the first project is scheduled to begin in 2007
while construction of the second project is not anticipated to begin until sometime after
2009.
At time of site plan review-, specific recommendations will be provided regarding access
and. internal circulation.
LAND USE
Comprehensive Plan.:
Lies within thc boun. darics of the Chester Village Plan which suggests the property is
appropriate ibr a mixture of corporate office uses and under special circmnstances, multi-
family residential uses with a density of 7 to I0 'units per acre on the northern portion of
the property and single family residential uses with a density of 1.01. to 2.5 units per acre
on the southern portion of the property.
While the request property lies within the boundaries of the Chester Village Plan, it is
located on thc tar western edge of the Plan boundaries~ The Central Area Plan
encompasses property immediately to the west of the subject property along Route 10.
One of the goals of both Plans is to preclude typical strip commercial development along
the Route 1.0 Corridor. Both Plans provide fbr nodes of commercial services and
supporting uses at strategic locations such as with '~The Village of Chester" or at major
intersections such as Route 10 m~d. Chalkley Road.
t'he Chester Village Plan is under review.
10 04SN0271-MAR9~B()S
Area iDevelopment Trends:
The majority of area properties are currently zoned agricultural and are developed lbr
single family residential uses, a school and a church. The Chester Village Plan suggests
that the adjacent properties to the north and east are appropriate for a mixture of office
and multi-family uses. The area to the south is suggested ibr single thmity residential
uses. A portion of the area to the west is suggested for public/semi-public uses (I'homas
Dale High School West), The area west of Branders Bridge Road is contained within thc
Central Area Plan which suggests residenlial developments of various densities mid
el!rices as part of a mixed use corridor. This area is currently developed i~br school, office
and retail uses.
As indicated by both the Central Area Plan an.d thc Chester Vitlagc Plan, the area in the
immediate vicinity of this request along Route 10 is not anticipated to be developed for
commercial uses.
Zoning History:
On April 25, 1984, thc Board of Supervisors approved a rezoning of a 7.61 acre portion
of the su(ject property from Agricultural (A) to Office Business (O) with a Conditional
Use Planned Development to permit a health club and offices. (Case 84S030)
On December 10, i986, the Board of Supervisors approved the rezoning of an additional
3.52 acre portion of the subject property ~kom Agricultural (A) to Office Business (O)
with a Conditional Use Planned Devetopmem to permit use exceptions (Case 86S1.03)
and an amendment to Case 84S030. In addition to Office Business (O) uses, this case
permitted thirty (30) percent of the gross floor area to be occupied by Convenience
Business (B-l) uses and a health club. Conditions required that the commercial uses be
located generally in the central portion of the site with of'lice uses surrounding the retail
users. A bank was permitted at the corner of Route 10 and Branders Bridge Road. The
O-2 zoning with Conditional Use Planned Development was grma. ted fbllowing the
Commission's consideration of the prior Central Area Plan which designated the property
'tbr office use. At the time of that application, staff did not recommend approval of the
commercial uses that had been requested, llowever, following public hearings, it was the
determination of the Commission and Board that some limited commercial uses would be
appropriate provided the primary uses were limited to office consistent with the Plan. It
was the consensus that the conditions imposed maintained the spirit and intent of the
previous Central Area Plan to limit or preclude strip commercial development along the
Route 10 Corridor.
On December t5, 1999, the Board of Supervisors, upon a recommendation Ibr denial by
the Commission, approved a rezoning from Corporate Office (10-2) and Agricultural (A)
to Community Business (C-3) ()fa 20.5 acre tract which included properties zoned as part
of Cases 84S030 mid 86S103 (Case 99SN0295). With this approval, Community
Business (C-3) t~ses were permitted in the northern portion of the project, except as
II 04SN0271-MARg-B()S
restricted by proffered conditions, as depicted on the attached ~'Conceptual Zoning l~Ian.''.
Corporate Office (0-2) uses were permitted in the southern portion of this project? except
as restricted by proffered conditions, with limitations on architecmraI style, building
height, floor area and overall site design in an attempt to address land use transition issues
to the south. At the time of that application, staff did not recommend approval of the
request. In their recommendation tbr denial, the Commission noted inconsistency of the
proposal with. the Chester Village Plan. the need to promote a retail focus within the
Chester Village Core and the extension of commercial uses beyond the intersection of
Route t0 and Branders Bridge Road. lqowever, lbltowing a public hearing, it was the
determination of the Board that the proposed office uses within the eastern and southern
portions of the property would provide appropriate transitions, thereby maintaining the
spirit and intent of the ?lan.
Site Design:
The request property lies ,Mthin an Emerging Growlh Area. Unless specifically addressed
by proffered conditions, development of thc site must contbrm to the requirements of the
Zoning Ordinance for the Emerging Growth Area District. These standards address
access, parking, landscaping, architectural treatment, pedestrian access, signs, buffers,
utilities, and screening of dumpsters, loading areas and setbacks, except as noted in the
Textual Statement.
[Jses:
The project, exclusive of the eastern-most subject parcel ('fax ID 783-652-1315), permits
all Community Business (C-3) uses with the exception of cocktail lounges and
nightclubs, pool halls, second hand shops, skating rinks, video arcades and bowling alleys
(ProfI'ered Condition 4.c). Uses on Tax ID 783-652-1315 are limited to offices, f'uneral
homes or mortuaries. In an effort to provide transition to the east, a building containing a
minimum of 8,000 gross square feet must be constructed within the northeast portion of
this same tract (Proffered Conditions 4.a and b) and must be constructed prior to
development of more than 100,000 square feet of commercial uses.
Architectural Treatment; Buildina Heights: and Tenant Size:
Architectural treatment of buildings, including materials, color and style, must be
compatible with buildings located w-ithin the same project. Compatibility may be
achieved through the use of similar building massing, materials, scale, colors and other
architectural features. Ifn response to area property owners' concerns, the applicant has
profl~k:red an architectural treatment compatible with that' of the Rivers Bend Shopping
Center. (Prolt'ered Condition 9)
Currently, within Emerging Growth District Areas~ buildings cannot exceed a height of
three (3) stories or fbrty-five (45) fbet, whichever is less. Prott~ered Condition 8 restricts
the height of buildings to one and one-half stories.
12 04SN0271-MAR%B()S
Within the C-3 District, the Ordinance does not regulate the m. aximun~ size of tenant
spaces. In response to citizen concerns, Proflkred Condition 6 limits the gross square
fbotage to 50,000 with the exception of one (1) tenant space that may be up to 65,000
gross square feet in area,
Buffers: Street 'Frees: and Screening:
Adjacent properties to the south and east afc zoned Agricultural (A) and are occupied by
single thmily residences. The Zoning Ordinance does not require a buffer along the
property boundary of the request site adjacent to these properties. The applicant has
proffered a seventy-five (75) foot buffer with additional supplementation o[' plantings
adjacent to the eastern and southern property lines adjoining the soulhern and eastern
boundaries adjacent to Tax IDs 783-632-3521 and 783-65 t-2283, (Proflkred Condition 5)
Agricultural (A) properties south of West Hundred Road are also occupied by single
family residences or designated on the Plan fbr future residential development. The
Ordinance does not require provision of any buffers along West Hundred Road nor has
the applicant addressed such provisions.
Proffered Condition Zc requires the planting of street trees in accordance with the
Chester Village design, criteria requirements of the Ordinance. It should be noted that this
proffer does not require the use of additional plant material above Perimeter Lm~dscape
requirements of the Ordinance, but affects the location and species of such plant
materials.
With. the approval of this request, outside storage would be permitted as a restricted use,
limited to ten (10) percent of the gross floor area of the principal use. Outside storage
and loading areas must be screened ti'om view ol7 adjacent properties that have no such
areas and publi, c rights of way,
Lighting and Sidewalks:
Proffered conditions require extemat lighting to comply with the requirements of the
Ordinance tbr the Chester Village District. Street lights would be required per the
Chester Village design criteria of the Ordinance. (Proffered Conditions 7.b and c)
Proffered conditions require the provision of sidewalks along Route I0, Branders Bridge
and West Hundred Roads. (iProffered Condition t 0)
Exceptions to Setbacks and Parking:
The Ordinance requires a minimum setback of seventy-five (75) feet fi-om major arterial
roads fbr buildings, drives and parking. This setback may be reduced to fifty (50) feet
with additional landscaping, An exception is requested to reduce this setback to twenty-
t 3 04SN0271 .,MARg.-BOS
five (25) feet from Route 10, Branders Bridge and Old Hundred iRoads~ which are ail
classified as major arterials on the County's Thoroughfare Plan (Textual Statement).
Setbacks below fifty (50) feet are generally reserved fbr areas of the County that have
already experienced development (i.e., Post Development) to ensure continuity through
infill or redevelopment eltbrts, or Village Districts that have devet, oped on a pedestrim~
scale, neither of which is applicable to the subject property. The requested reduction will
negatively impact continuity of development within this portion of the Route t. 0 corridor,
as other projects adhere to the larger, required setbacks. Further, adequate visual
separation and noise abatement will be compromised 'tbr the residential development
located south of Old Hundred Road, which is fnrther exacerbated by the tack of bufibring
along this corridor as discussed herein. While the applicant has attempted to address
these concerns by increasing the minimum size of plant material within the reduced
setbacks, the Iocation of current and future utility easemen.ts within the setback could
present problems in the installation and survival of this larger plant mmerial. Theretbre,
stall' does not support this setback exception.
Within Emerging Growth District Areas, the Ordinance requires the provision of parking
spaces at a ratio of 4.4 spaces for each 1000 gross square tbet of shopping center use. An
exception is requested to provide parking spaces in conGrmance with Village District
standards of the Ordinance which permit a ten (10) percent reduction in the number of
spaces if the development contains a sidewalk system that connects to existing or future
walkways (Textual Statement). This consideration is based upon the pedestrian
orientation within village districts, whereby customers may walk rather than drive to seek
services. Located beyond the fringe of the Chester Village, development on the subject
property will be of a suburban automobile-oriented design.. As such, the parking space
requirements of the Ordinance should be maintained.
Site Plan Notification:
lin .response to concerns expressed, by both the Chester Fishing Club and the Chester
Community Association, new Proffered Condition 16 requires the developer to n.otil? 'the
last known representative of these groups on file with the Planning Departmem of any
site plan submittal on the subject property. It is imperative that these associations keep
the Planning Department current with the name and address of the representative to be
notifie&
CONCLUSIONS
Th.e proposed zoning and land use do not conform with the Chester Villa~ Plan which suggests
the property is appropriate Ibr a mix of uses to include corporate office uses and under special
circumstances, multi-i:itmily residential uses of seven (7) to ten (10) units per acre on the northern
part of the property and single family residential uses of 1.01 to 2.5 units per acre on the southern
part of the property. Further, approval of this request could set a precedent ibr additional
commercial development in the areas designated on. the Plan tbr mixed use corporate office and
under certain circumstances, multi-lhmily residential uses.
14 04SN027 [ ~MAR9~BOS
The proposed zoning and land uses encroach into an existing and planned residential area and
fails to address appropriate transitions and compatibility' with the residential areas to the south
and the commercial uses proposed by this application.
Further, the requested exceptions are inconsistent with the adopted design criteria Ibr this part of
the Con'idor. The goals of the established criteria are to gradually progress from a built
environment having greater setbacks along public roads carrying heavy frantic volumes to lesser
setbacks toward the village to even lesser setbacks within the 'Village Core where there are high
traffic volumes, but traveling at a lower rate of speed.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Applicant (2/14/05):
In response to concerns of area residents and the Bermuda District Commissioner, the
applicant submitted revised and new proffered conditions and a revision to the Textual
Statement.
[qanning Commission Meeting (2/15/05):
The applicant did not accept staff's recommendation, but did accept the Commission's
recommendation. There was opposition present. Concern was expressed relative to the
potential for a gasoline station in proximity to an adjacent school.
Mr. Wilson noted that the existing zoning allows for a gasoline station; the development
is generally supported by the community; and the proffers ensure a quality development.
On motion of Mr. Wilson, seconded by Mr. Gecker, the Commissi. on recommended
approval an.d acceptance of the proftbred conditions on pages 2 through 6.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, March 9, 2005, begimfing at 7:00 p.m., wilt. take
under consideration this request.
15 04SN027t.,.MAR9-BOS
TEXTUAL STATEMENT
Shoosmith - Brandersbridge
P.¢:'i~ed Dc,z~-xn&er 29, 2004
P. ev/z~d Febm~y 2, 2005
Revis~ Febm~ 14, 2005
This request is to rezone from C-3 to C-3 with proffered conditions and CUPD to permit the
following bulk exceptions:
A fifty (50) foot exception to the seventy five (75) foot setback requirement from
Major Arterials for structures, drives and parking spaces subject to the requirement
for installation of Perimeter Landscaping C as defined by the Zoning Ordinance,
except that at the time of planting, the minimum caliper of a large and/or a small
deciduous tree shall be increased to a minimum three and one-half inches. The
minimum height at time of planting for a medium shrub shall be at least twenty four
inches.
An exception to Section 19-513 of the Zoning Ordinance to permit the number of
parking spaces to follow the requirements of Section 19-608 for Village Districts.
' l