97SN0150
-.
July 23, 1997 BS
ADDENDUM
97SN0150
ECI Cemetery Services of Virginia, Inc.
Bermuda Magisterial District
2900 West Hundred Road
REQUEST: Rezoning from Agricultural (A) to Neighborhood Business (C-2) with Conditional
Use Planned Development to permit fast food restaurants with drive-in windows
and gasoline sales.
On July 22, 1997, the applicant submitted a revised Proffered Condition 19 relating to a proposed
buffer adjacent to an Agricultural (A) zoned parcel to the north. The proffer as originally
submitted and considered by the Planning Commission did not allow modification of the buffer
through the site plan review process. The applicant has indicated that they have had further
conversations with the adjacent property owner and he has agreed to an amendment to the proffer
which would allow the Planning Commission to modify the buffer through site plan review.
Since the proffer was not submitted in accordance with the Board's procedures, it will be
necessary for the Board to waive their rules to consider the amended proffer.
Staff supports the amendment to Proffered Condition 19, as follows:
PROFFERED CONDITION
19. Buffer. A one hundred (100) foot buffer shall be maintained along the common
boundary of the Property with Tax Parcel 116060100000050 now owned by Curtis
F. Cox, Sr. for so long as the Cox parcel is zoned or used for residential purposes
or until such parcel and the Property are owned by the same person or entity. A
six (6) foot minimum height fence shall be installed within the buffer approximately
seventy-five (75) feet from the Cox parcel, the exact location of which shall be
determined at the time of site plan review. The aforesaid buffer shall conform to
the requirements of the Zoning Ordinance, Division 4, Sections 19-520, 19-521 and
19-522.
97SN0150/WP/JUL Y23GG
_.
December 17, 1996 crc
J Miuary 21, 1997 crc
fcbl'tl8.ry 18, 1997 crc
Mareh 18, 1997 crc
April 15, 1997 crc
MaJ" 20, 1997 CPC
llinc 11, 1997 BS
July 23, 1997 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
97SN0150
ECI Cemetery Services of Virginia, Inc.
Bermuda Magisterial District
2900 West Hundred Road
REQUEST: Rezoning from Agricultural (A) to Neighborhood Business (C-2) with Conditional
Use Planned Development to permit fast food restaurants with drive-in windows
and gasoline sales.
PROPOSED LAND USE:
Commercial uses are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
(NOTE: SINCE THE PLANNING COMMISSION'S CONSIDERATION OF THIS
REQUEST, THE APPLICANT HAS SUBMITTED REVISED PROFFERED CONDITIONS
8 AND 9 AND AN ADDITIONAL PROFFERED CONDITION 20 TO ADDRESS
TRANSPORTATION CONCERNS.)
STAPF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land uses comply with the Chester Villajle Plan.
B. The proffered conditions address land use compatibility, architectural design and
the transportation impact.
(NOTE: CONDmONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDmONS. THE CONDmONS 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
ADDmONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
CONDITION
In addition to the buffer reQJ.1ired by Proffered Condition 19. a fifty (50) foot buffer
shall be maintained along the remaining length of the northern property boundary.
This buffer shall conform to the requirements of the Zoning Ordinance for fifty
(50) foot buffers, Sections 21.1 226 19-520 through 21.1 228 19-522. (P)
(STAFF)
PROFFERED CONDITIONS
(STAFF)
CST AFF)
(STAFF)
3.
1.
Architectural Standards. The architectural treatment of buildings
constructed on the Property shall be similar to Rivers Bend
Shopping Center. All buildings to be constructed on the Property
shall be compatible in architectural style, materials, colors, details
and other design features. Franchise-type outparcel buildings shall
be compatible to the architectural styles, materials, colors, details
and other design features which predominate in the commercial
development.
2.
Use Restrictions. The following uses shall not be permitted on the
Property :
a. Free standing fast food restaurants other than as an integral
part of a convenience store operation.
b. Communication towers.
c. Motor vehicle rental.
d. Hospitals.
e. Temporary outdoor Christmas tree sales.
f. Outdoor prepared food and fruit and vegetable vendors.
Convenience Store Location. Any convenience store permitted on
the Property shall be located at the southeast comer of the Property
at the intersection of West Hundred Road and Rock Hill Road.
2
97SN0150/WP/JUL Y23G
.-..
(STAFF)
(STAFF)
(STAFF)
(STAFF)
_.
4.
Drive- Throujlh. Any drive-through window on the Property
associated with a convenience store/restaurant operation shall be
designed and oriented to serve the restaurant only. Should such
convenience store facility also include a banking operation, the
foregoing limitation shall not preclude separate drive-through
windows for the bank.
5.
Timberinjl Restriction. With the exception of timbering to remove
dead or diseased trees which has been approved by the Virginia
State Department of Forestry, there shall be no timbering until a
land disturbance permit has been obtained from the Environmental
Engineering Department.
6.
Public Utilities. The public water and waste water systems shall be
used.
7.
Route 10 Dedication. Prior to site plan approval, forty-five (45)
feet of right of way on the north side of Route 10, measured from
the centerline of Route 10 immediately adjacent to the Property,
shall be dedicated, free and unrestricted, to and for the benefit of
Chesterfield County.
(NOTE: THE FOLLOWING PROFFERED CONDITION HAS BEEN AMENDED SINCE
THE PLANNING COMMISSION'S CONSIDERATION OF TIllS REQUEST AND
CANNOT, THEREFORE, BE CONSIDERED BY THE BOARD. THE REVISED
CONDITION IS SHOWN AS "REVISED 8.")
(ORIGINAL)
(REVISED
STAFF)
8.
Route 10 Access. Direct access to Route 10 shall be limited to two
locations. One (1) access (the "Main Entrance/Exit") shall align
with the existing crossover on Route lOwest of the Rock Hill Road
intersection which also serves Sunset Memorial Park. The second
access shall be limited to right turns in only, located on Route 10
approximately midway between the Rock Hill Road intersection and
the main entrance/exit. Consistent with the foregoing, the exact
location of these accesses shall be approved by the Transportation
Department.
8.
Route 10 Access. Direct access from the Property to Route 10 shall
be limited to one (1) entrance/exit. This access shall be located
approximately midway of the Route 10 Property frontage and align
the existing crossover located just west of the Rock Hill Road
intersection. The exact location of this access shall be approved by
the Transportation Department. Prior to any site plan approval, an
3
97SN0150/WP/JUL Y23G
access easement, acceptable to the Transportation Department, shall
be recorded across the Property to the adjacent property to the west.
(NOTE: THE FOLLOWING PROFFERED CONDITION HAS BEEN AMENDED SINCE
THE PLANNING COMMISSION'S CONSIDERATION OF TIllS REQUEST AND
CANNOT, THEREFORE, BE CONSIDERED BY THE BOARD. THE REVISED
CONDITION IS SHOWN AS "REVISED 9.")
(ORIGINAL)
9.
Route 10 Improvements. To provide an adequate roadway system
at the time of complete development, the Developer shall be
responsible for the following improvements:
a. Construction of additional pavement along the westbound
lanes of Route 10 from the Rock Hill Road intersection to
the Main EntrancelExit to provide a right turn lane into the
Property for both entrances on Route 10.
b. Construction of additional pavement along the eastbound
lanes of Route 10 to provide an adequate left turn lane at the
existing crossover located west of the Rock Hill Road
intersection.
c. Installation of a traffic signal, if warranted by VDOT
criteria, at the existing crossover on Route 10 located west
of the Rock Hill Road intersection and installation of an
underground traffic signal interconnection cable from the
proposed signal to the existing traffic signal on Route 10 at
the Breckenridge Shopping Center.
d. Installation of a traffic signal coordination system, based on
VDOT requirements/standards, along Route 10 between the
proposed traffic signal at the Main Entrance/Exit and the
existing traffic signal at the Breckenridge Shopping Center,
so as to provide a traffic coordination system between the
proposed signal and Route 1.
e. Dedication to Chesterfield County, free. and unrestricted,
any additional right of way (or easements) required for
improvements identified above.
(REVISED
STAFF)
9.
Route 10 Improvements. To provide an adequate roadway system
at the time of complete development, the Developer shall be
responsible for the following:
4
97SN01501WP/JUL Y23G
-
.~ ~
a. Construction of additional pavement along the westbound
lanes of Route 10 at the approved site access to provide a
right turn lane;
b. Construction of additional pavement along the eastbound
lanes of Route 10 at the approved site access to provide an
adequate left turn lane; and
c. Dedication to Chesterfield County, free and unrestricted,
any additional right-of-way (or easements) required for the
improvements identified above.
(STAFF)
10. Rock Hill Road Dedication. Prior to site plan approval, right of
way on the west side of Rock Hill Road, measured sixty (60) feet
from the existing eastern right of way line of Rock Hill Road, shall
be dedicated from the Property, free and unrestricted, to and for the
benefit of Chesterfield County. The length of this dedication is
limited to the eastern frontage of the Property on Rock Hill Road
from Route 10 to the northern Property comer.
(ST AFF)
11. Rock Hill Road Construction. Prior to the issuance of an
occupancy permit for a site with access to Rock Hill Road, the
Developer shall (i) reconstruct Rock Hill Road as a two (2) lane
road (based on VDOT Urban Collector Standard) from its
intersection with Route 10 north to the Property entrance/exit on
Rock Hill Road, and (ii) construct additional pavement along Rock
Hill Road at its intersection with Route 10 to provide a three-lane
typical section (i.e., one northbound lane and two southbound
lanes) .
(STAFF)
12. Phasinjl. Prior to any site plan approval, a phasing plan for
required road improvements as identified in Proffered Condition 9
shall be submitted to and approved by the Transportation
Department.
(STAFF)
13. Convenience Store Architecture. Any convenience store
constructed on the Property shall have exposed exterior walls of
face brick, excluding architectural design features. The design of
roofs, including any canopy roof, shall be pitched or mansard in
style.
(ST AFP)
14. Convenience Store Canopy Lijlptinjl. Canopy lighting over fuel
pumps shall be recessed or shielded in such a manner as to
5
97SN0150/WP/WL Y23G
minimi7.e the impact of such lighting beyond the boundaries of the
Property.
(STAFF)
15. Restrictions Re~ardini Tractor Trailers. The sale of fuel associated
with any convenience store/automobile self-service station shall be
primarily devoted for use by automobiles. No segregated area for
tractor trailer diesel pumps shall be permitted. No designated
spaces for the parking of tractor trailers shall be permitted.
(STAFF)
16. Parkini Lot Li~htini. Parking lot lighting standards shall not
exceed twenty (20) feet in height above grade level. All parking lot
lighting fIxtures shall be positioned in such a manner as to minimize
the impact of such lighting on any adjacent property. Light fIxtures
shall be of the type that conceals the direct source of light (such as
"shoe box" type fIxtures).
(STAFF)
17. Hours of Operation. With the exception of any
convenience/combination store located at the southeast comer of the
Property at the intersection of West Hundred Road and Rock Hill
Road, no other use on the Property shall be open to the public
between 12:00 midnight and 6:00 a.m.
(STAFF)
18. Site Plan Consideration. Site plans shall be submitted for Planning
Commission review and approval as set forth in Section 19-269 of
the Zoning Ordinance. The developer shall notify all adjacent
property owners and the last known President of the Gay Farms
Civic Association, at least twenty-one (21) days prior to the
Planning Commission's consideration of the site plan, of the time
and date of site plan consideration.
(STAFF)
19. Buffer. A one hundred (100) foot buffer shall be maintained along
the common boundary of the Property with Tax Parcel
116060100000050 now owned by Curtis F. Cox, Sr. for so long as
the Cox parcel is zoned or used for residential purposes or until
such parcel and the Property are owned by the same person or
entity. A six (6) foot minimum height fence shall be installed
within the buffer approximately seventy-five (75) feet from the Cox
parcel, the exact location of which shall be determined at the time
of site plan review. The aforesaid buffer shall conform to the
requirements of the Zoning Ordinance. Division 4, Sections 19-520.
19-521 except (i) and (j). and 19-522.
(NOTE: THE FOLLOWING PROFFERED CONDITION HAS BEEN SUBMllTED SINCE
THE PLANNING COMMISSION'S CONSIDERATION OF TIDS REQUEST.)
6
97SN0150/wP/JUL Y23G
_.
-
(NEW
STAFF)
20.
Traffic Density Limitations. The maximum density on the Property
shall be 32,000 square feet of shopping center and 3,500 square feet
of convenience market with gas pumps or equivalent densities as
approved by the Transportation Department. The condition may be
modified by the Transportation Department to increase the
maximum density at such time as an access road is constructed from
the Property in a westerly direction parallel to Route 10 aligning the
Parker Lane intersection.
GENERAL INFORMATION
Location:
North line of West Hundred Road, west of Jefferson Davis Highway and better known as
2900 West Hundred Road. Tax Map 116-6 (1) Parcell (Sheet 32)
Existinjl Zoninjl:
A
~:
9.9 acres
Existinjl Land Use:
Public/semi-public (cemetery facilities) or vacant
Adiacent Zoninjl & Land Use:
North - A and R-7; Single family residential or vacant
South - A, and A with Special Exception; Public/semi-public (cemetery and fire station)
East - A and C-3; Public/semi-public (cemetery), commercial or vacant
West - A with Conditional Use to permit a funeral home; Commercial
7
97SN0150/WP/JUL Y23G
UTILITIES
Public Water System:
There is an existing eight (8) inch water line along the north side of West Hundred Road,
adjacent to the request site. The use of the public water system is intended and has been
proffered by the applicant. (proffered Condition 6)
Public Wastewater System:
There is an existing ten (10) inch wastewater collector along West Hundred Road,
adjacent to the request site. In addition, there is an existing eight (8) inch wastewater
collector approximately 400 feet east of the request site, adjacent to Heritage Chevrolet.
The use of the public wastewater system is intended and has been proffered by the
applicant. (proffered Condition 6)
ENVIRONMENTAL
Draina~e and Erosion:
Drains to Proctors Creek via tributaries. No existing on- or off-site drainage or erosion
problems. Existing drainage improvements under Rock Hill Road may be inadequate to
accommodate increased runoff generated by development of the property. Off-site
easements and drainage improvements may be necessary to accommodate increased runoff.
The applicant has proffered that, with the exception of timbering which 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 been obtained from the Environmental Engineering
Department (proffered Condition 5). This will insure that proper erosion control measures
are in place prior to any timbering and related land disturbance.
PUBLIC FACILITIES
Fire Service:
This property is currently served by the Dutch Gap Fire/Rescue Station, Company
Number 14 and Bensley-Bermuda Rescue Squad.
Fire hydrants with adequate water flow must be provided in compliance with nationally
recognized standards (i.e., National Fire Protection Association and Insurance Services
Office). When the property is developed, the number of hydrants and quantity of water
needed for fire protection will be evaluated during the site plan review and construction
8
97SNOI50/WP/JUL Y23G
_.
.....
plans review processes. Also, the need for ingress/egress for emergency equipment and
the designation of ftre lanes will be determined during site and construction plan review.
Transportation:
This request will not limit development to a specific land use; therefore, it is difficult to
anticipate traffic generation. The applicant submitted traffic information which indicates
that 54,360 square feet of shopping center, 3,066 square feet of fast food restaurant with
drive through windows, and a convenience market with gas pumps could be developed on
the property. Development would generate approximately 11 ,360 average daily trips.
These vehicles will be distributed along West Hundred Road (Route 10) which had a 1995
traffic count of 25,497 vehicles per day.
The Thorou~hfare Plan identifies Route 10 as a major arterial with a recommended right-
of-way width of ninety (90) feet. The applicant has proffered to dedicate forty-five (45)
feet of right-of-way, measured from the centerline of Route 10, in accordance with that
flan. (proffered Condition 7)
Development must adhere to the Zoning Ordinance relative to access and internal
circulation (Article 7). Since the Planning Commission Public Hearing, the applicant has
revised some of the transportation proffers. Staff can now support his rezoning request.
Access to major arterials, such as Route 10, should be controlled. Direct access to Route
10 from the property should be limited to one (1) entrance/exit. This access should be
located approximately midway of the Route 10 property frontage, and align the existing
crossover located just west of the Rock Hill Road intersection. This crossover currently
serves Sunset Memorial Cemetery. Additional access for the property to Route 10 could
also be provided via Rock Hill Road.
The applicant has proffered a condition that would permit one (1) access (the "Main
Entrance/Exit") located approximately midway of the Route 10 frontage and align the
existing crossover on Route 10 just west of the Rock Hill Road intersection (Proffered
Condition 8). The proffer requires an access easement to be provided across the property
to the adjacent property to the west.
Mitigating road improvements must be provided to address the traffic impact of this
development. The applicant has proffered to: 1) construct additional pavement along the
westbound lanes of Route 10 at the Main Entrance/Exit to provide a right turn lane; and
2) construct additional pavement along the eastbound lanes of Route 10 to provide an
adequate left turn lane at the Main Entrance/Exit crossover. (Proffered Condition 9)
Installing traffic signals along major arterials like Route 10 increases traffic delays and
results in mainline congestion. Therefore, the number of traffic signals along Route 10
should be minimized. The subject property is located in the northwest corner of the Rock
9
97SN0150/WP/nlLY23G
Hill RoadIRoute 10 intersection. East of the Rock Hill Road intersection, a traffic signal
on Route 10 serves the Breckenridge Shopping Center and the Heritage Automobile
Dealership. West of the subject property, a crossover on Route 10 aligns Parker Lane,
and serves the Chester YMCA and the Gay Farms Subdivision. The Chester Villa~e Plan
suggests that the property located on the north side of Route 10 between the Rock Hill
Road intersection and the Parker Lane intersection is appropriate for neighborhood
commercial uses. North of the property recommended for neighborhood commercial uses
is a recorded subdivision (Dalewood) which has been partially developed. Based on an
overall plan for this area, an access road ("Access Road") could be constructed north of
Route 10 aligning the Parker Lane intersection. Traffic signalization would probably be
warranted at this intersection. The" Access Road" could serve the recommended
neighborhood commercial area, as well as the developed and undeveloped property in the
Dalewood Subdivision. Therefore, no additional traffic signals would be needed between
the existing traffic signal at the Breckenridge Shopping CenterlHeritage Dealership and
the potential traffic signal at the Parker Lane/" Access Road" intersection.
The applicant submitted a traffic analysis that evaluated the capacities along Route 1 0 at
four intersections: 1) Route 1/301,2) Breckenridge Shopping CenterlHeritage Dealership,
3) proposed Main EntrancelExit, and 4) Parker Lane/" Access Road". The traffic analysis
also looked at anticipated traffic progression along Route 10, if traffic signals are located
at the various intersections. The applicant's traffic analysis compared the installation of
two (2) new traffic signals along Route 10 (i.e. at both Parker Lane! " Access Road" and
at the proposed Main EntrancelExit), verses installation of one (1) new traffic signal at the
Parker Lane/" Access Road" intersection. As expected, the analysis indicates that less
congestion (i.e. a better level of service) would occur along Route 10 with just one (1)
additional traffic signal. In addition, a traffic signal on Route 10 at the proposed Main
EntrancelExit would primarily just serve development on the subject property because of
the limited traffic that accesses the existing Sunset Cemetery. Installation of a new traffic
signal on Route 10 at Parker Lane!" Access Road" , however, could serve multiple property
owners/developments.
The applicant could acquire additional property to obtain access that would align the
Parker Lane intersection, and/or establish a maximum density and control access to Route
10, which would ensure that traffic generated by development on the subject property
would not warrant a traffic signal along Route 10 at either the Rock Hill Road intersection
or the proposed Main EntrancelExit intersection.
The applicant has proffered that development will be limited to a maximum density of
32,000 square feet of shopping center and 3,500 square feet of convenience market with
gas pumps (proffered Condition 20). This density does not assume any restaurant use on
the property. This development is anticipated to generate approximately 6,430 average
daily trips. The proffer allows the Transportation Department to increase the density on
the property at such time as an access road is constructed from the property to Route 10
aligning the Parker Lane intersection. Additional development will only be approved if
10
97SN0150IWP/JUL Y23G
.~.
-
-
the resulting traffic generation is determined not to warrant a traffic signal at the Main
Entrance/Exit/Route 10 intersection.
The applicant has proffered to dedicate right-of-way along Rock Hill Road from the
existing eastern right-of-way line of Rock Hill Road to provide a sixty (60) foot wide
right-of-way for the entire Rock Hill Road frontage (proffered Condition 10). The
applicant has also proffered that if access is provided to Rock Hill Road: 1) Rock Hill
Road will be reconstructed from Route 10 to the approved access; and 2) Rock Hill Road
will be widened at its intersection with Route 10 to provide a three (3) lane typical section.
(Proffered Condition 11)
At time of site plan review, specific recommendations will be provided regarding access
and internal circulation.
LAND USE
Comprehensive Plan:
The request property lies within the boundaries of the Chester Villajle Plan which suggests
the property is appropriate for neighborhood commercial use. In particular, neighborhood
commercial uses provide an appropriate land use transition between more intense
commercial development to the east, along Jefferson Davis Highway, and residential uses
in and around the Village of Chester to the west and northwest.
Area Development Trends:
The request property lies along a portion of West Hundred Road characterized by
commercial zoning and land uses in the vicinity of the West Hundred Road/Jefferson
Davis Highway intersection to the east. Public/semi-public uses exist to the northeast and
south, to include a small cemetery along the east line of Rock Hill Road, north of West
Hundred Road, a larger cemetery to the south, a YMCA and a Chesterfield County Fire
Station. A funeral home lies to the west along West Hundred Road, transitioning to the
Village of Chester further west. Properties to the north and northwest are zoned
residentially and agriculturally and have been developed for single family residences in
Dalewood and Dalewood Annex Subdivisions or are vacant. In particular, there are two
(2) residences adjacent to the northern property boundary which have access to Rock Hill
Road. However, most of the residentially zoned property to the north and northwest is
vacant or has been developed for residences in Dalewood and Dalewood Annex
Subdivisions with access via Mount Clair and Woodside Roads.
As noted herein, the request property lies adjacent to an unpaved road (Rock Hill Road)
which serves as the primary access to vacant residentially zoned property to the north.
Given the configuration of this vacant, residentially zoned property and its proximity to
commercial development along Jefferson Davis Highway. it is unlikely that it would be
11
97SN0150/WP/JUL Y23G
developed as a subdivision with access to West Hundred Road via Rock Hill Road. It is
more likely that this property would be incorporated into vacant, residentially zoned
property to the west and accessed via extensions of Montclair and Woodside Roads in
Dalewood and Dalewood Annex Subdivisions or be rezoned commercially and developed
with an orientation towards Jefferson Davis Highway to the east.
Site Desiil1:
The request property lies within an Emerging Growth Area. New construction must
conform to the development standards of the Zoning Ordinance which address access,
parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities, and
screening of dumpsters and loading areas. In addition, the applicant has proffered that any
fast food restaurant developed on the property would be integrated into a convenience store
(Proffered Condition 2) and that the convenience store/restaurant would be located at the
intersection of West Hundred and Rock Hill Roads (Proffered Condition 3). Further, the
applicant has proffered that any drive-through window associated with the convenience
store/restaurant use would be designed to serve the restaurant or possibly a branch bank
and not the convenience store. (proffered Condition 4)
It should be noted that development must be designed based upon the dedicated, but
unimproved public road which abuts the northeastern portion of the property, unless the
road is vacated. Any loading areas will be required to be screened from view of that road,
as well as Rock Hill Road and Route 10. Also, development must adhere to required
setbacks from the road.
The applicant has agreed that site plans will be submitted to the Planning Commission for
consideration and that notification will be provided to adjacent property owners and the
President of the Gay Farms Civic Association of site plan submission. (Proffered
Condition 15)
Use Limitations:
Proffered Condition 2 prohibits certain C-2 uses on the property. Proffered Condition 15
requires that any convenience store/automobile service station be designed primarily for
use of automobiles and that there be no segregated area for tractor trailer diesel pumps.
Architectural Treatment:
Within Emerging Growth Areas, no building exterior which would be visible to any
agricultural or residential district or any public right of way may consist of architectural
materials inferior in quality, appearance, or detail to any other exterior of the same
building. There is, however, nothing to preclude the use of different materials on different
building exteriors, but rather, the use of inferior materials on sides which face adjoining
property. No portion of a building constructed of unadorned concrete block or corrugated
12
97SNOI50/wP/JUL Y23G
-
-
_.
and/or sheet metal may be visible from any adjoining agricultural or residential district or
any public right of way. No building exterior may be constructed of unpainted concrete
block or corrugated and/or sheet metal. Mechanical equipment, whether ground-level or
rooftop, must be shielded and screened from public view and designed to be perceived as
an integral part of the building. In addition, the applicant has proffered that all
architectural treatment similar to Rivers Bend Shopping Center and all buildings would be
compatible in architectural style, materials, colors, details and other design features
(Proffered Condition 1). Further, Proffered Condition 13 addresses the architectural
treatment of any convenience store and associated canopy.
Hours of Operation:
Proffered Condition 17 prohibits businesses, other than any convenience/combination
store, from being open to the public between 12 midnight and 6:00 a.m.
Li~htinjl:
In addition to Ordinance requirements, proffered conditions have been submitted
regulating convenience store canopy lighting and parking lot lighting. (Proffered
Conditions 14 and 16)
Buffers & Screeninjl:
The Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters, garbage
cans, trash compactors, etc.) be screened from view of adjacent property and public rights
of way by a solid fence, wall, dense evergreen plantings or architectural feature, be
separated from any residentially zoned property or any property being used for residential
purposes by the principal building, and that such area within 1,000 feet of any residentially
zoned property or property used for residential purposes not be serviced between the hours
of 9:00 p.m. and 6:00 a.m. In addition, sites must be designed and buildings oriented so
that loading areas are screened from any property where loading areas are prohibited and
from public rights of way.
Adjacent properties to the north are zoned Residential (R-7) and Agricultural (A) and are
occupied by single family residences or remain vacant. The Zoning Ordinance typically
requires a minimum fifty (50) foot buffer along the boundaries of commercially zoned
property adjacent to the residentially zoned property. However, an unimproved public
right of way exists between the request property and the adjacent, residentially zoned
property and a buffer would not be required unless imposed (Condition). At the time of
site plan review, the Planning Commission may modify the recommended buffer under
certain circumstances. In addition, the adjacent agriculturally zoned property is designated
on the flan for neighborhood commercial use and a buffer would not be required by
Ordinance.
13
97SN0150/WP/JUL Y23G
The applicant has proffered a 100 foot buffer adjacent to this property (Proffered
Condition 19) which can also be modified in the future under certain circumstances.
CONCLUSIONS
Originally, staff had recommended denial of this request because the applicant had failed
to address the transportation impacts. Following the Commission's consideration of this
request, those impacts were addressed, as discussed herein.
The proposed zoning and land uses comply with the Chester Villa~e Plan. Further, the
proffered conditions address transportation impacts and land use compatibility. Therefore,
approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (12/17/96):
At the request of the applicant, the Commission deferred this case to January 21, 1997.
Staff (12/18/96):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than December 26, 1996, for consideration at the
Commission's January 21, 1997, public hearing. Also, the applicant was advised that a
$50.00 deferral fee must be paid prior to the Commission's public hearing.
Applicant (1/10/97):
The applicant paid the $50.00 deferral fee.
Planning Commission Meeting (1/21/97):
At the request of the applicant, the Commission deferred this case to February 18, 1997.
Staff (1/22/97):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than January 28, 1997, for consideration at the Commission's
14
97SN0150/wP/JUL Y23G
~"
,....'"
>.....~,
Pebruary 18, 1997, public hearing. Also, the applicant was advised that a $50.00 deferral
fee must be paid prior to the Commission's public hearing.
Applicant and Staff (1/29/97 and 1/30/97):
The applicant requested that this case be deferred to the March 18, 1997, Planning
Commission meeting.
To date, no new information has been received. The applicant has paid the $50.00
deferral fee.
Planning Commission Meeting (2/18/97):
At the request of the applicant, the Commission deferred this case to March 18, 1997.
The applicant paid the deferral fee.
Staff (2/19/97):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than February 24, 1997, for consideration at the
Commission's March 18, 1997, public hearing.
Applicant (2/24/97):
The applicant submitted seven (7) new transportation conditions and a traffic analysis in
an attempt to address the transportation issues outlined in the Transportation Section of this
"Request Analysis and Recommendation."
Applicant (3/13/97):
The applicant withdrew the proffers submitted on February 24, 1997, submitted revised
proffers, as discussed herein, and requested a deferral to the Commission's April public
hearing.
Planning Commission Meeting (3/18/97):
At the request of the applicant, the Commission deferred this case to April 15, 1997.
15
97SN0150/WP/JUL Y23G
Staff (3/19/97):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than March 25, 1997, for consideration at the Commission's
Apri115, 1997, public hearing. Also, the applicant was advised that a $50.00 deferral fee
must be paid prior to the Commission's public hearing.
The applicant submitted a traffic analysis, as discussed herein.
To date, no new information has been received. In addition, the applicant paid the $50.00
deferral fee.
Planning Commission Meeting (4/15/97):
At the request of the applicant, the Commission deferred this case to May 20, 1997.
Staff (4/17/97):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than April 22, 1997, for consideration at the Commission's
May 20, 1997, public hearing. Also, the applicant was advised that a $50.00 deferral fee
must be paid prior to the Commission's public hearing.
Applicant (4/24/97):
The applicant paid the $50.00 deferral fee.
Staff (5/2/97):
To date, no new information has been received.
Applicant (5/19/97):
Revised and additional proffered conditions in an attempt to address concerns of area
citizens was submitted. Specifically, Proffered Condition 1 was amended to require an
architectural treatment similar to Rivers Bend Shopping Center. Proffered Condition 2
16
97SN0150/WP/JUL Y23G
,.....-.,.
-.
was amended to include additional uses in the list of use restrictions. Proffered Condition
9.D was amended to clarify that the requirement for a traffic signal coordination system
would provide traffic coordination between the proposed signal and Route 1. Proffered
Conditions 13 through 19 were added to: address the architecture of any convenience store
and any associated canopy (proffered Condition 13); address the treatment of convenience
store canopy lighting (proffered Condition 14); ensure that any convenience
store/automobile self-service station use does not include features specifically designed to
accommodate tractor trailers (Proffered Condition 15); address treatment of parking lot
lighting (Proffered Condition 16); address hours of operation (proffered Condition 18);
and provide increased buffers adjacent to a single family residence to the north.
(proffered Condition 19)
Planning Commission Meeting (5120/97):
The applicant did not accept the recommendation. Support was present indicating that
additional signals would slow down traffic and that the development would clean up the
untidiness of the property.
Opposition was present. Concerns were expressed relative to potential traffic congestion
and the adverse impact the development could have on the quality of life in the area.
Mr. Cunningham indicated that due to the traffic concerns, he could not support the
request.
On motion of Mr. Cunningham, seconded by Mr. Miller, the Commission recommended
denial of this request.
AYES: Unanimous.
Applicant, Staff and Bermuda District Commissioner (5/29/97):
A meeting was held to discuss transportation concerns relative to signalization and access
along Route 10.
Applicant (6/3/97):
Revised Proffered Conditions 8 and 9 and an additional Proffered Condition 20 were
submitted to address transportation impact.
17
97SN0150/WP/JUL Y23G
Board of Supervisors' Meeting (6/11/97):
The Board deferred this case to July 23, 1997.
The Board of Supervisors, on Wednesday, July 23, 1997, beginning at 7:00 p.m., will take under
consideration this request.
18
97SN01501WP/JUL Y23G
-
I
....
....
....
..
~.
~
....
~
.:
~
$
~
~
,...
~ .....
--
C-3
~
97SNOl50
- REZ: A TO C-2
~C.U.I? D.
SHe 32
~t
:>; ~ft\,,1ft
--;1
/':, ~
- ------- -- ,
BRECKENRfD-GE~.
SHOPPING CENTES.:
- ------- ----
-------- ----
------- -----
------- ----
------- -
-- ------
----- --
--------
.-------
--------
--------
. -------
--------
--------
------ --
-------
:.:--------- ~
------
:..~..~....
.........
..I,,~...~.-:
............
AREA APPROPRIATE FOR
NEIGHBORHOOD COMMERCIAL USES
o
e
CROSSOVER
EXISTING/POTENTIAL
SIGNAUZED CROSSOVER
....
POTENTIAL ACCESS ROAD
cnSNOISQ-1