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91SN0286 :,..... __t." e . December lit 1991 BS ADDENDUM 91SN0286 Brandermill Development Co., L. P. and Harbour Point Associates Clover Hill Magisterial District North line of Hull Street Road and south line of Harbour Pointe Parkway REQUEST: Rezoning from Light Industrial (M-1), Residential (R-7) and Office Business (a) to CODlDIWlity Business (C-3) with Conditional Use to permit a shopping center, mu~ti-family residential. and townhouse . res idential uses. Spec if ical1y , shopping center, mul ti - family residential and townhouse residential uses are permitted as restricted uses within C-3 Districts unless the restrictions cannot be met, in which case a Conditional Use is required. The applicant seeks the ability to develop a shopping center of more than twenty-five (25) acres which does not have frontage on, and access to, at least two (2) arterial roads. In addition~ the applicant seeks the ability to develop multi -family res idential uses on less than the twenty ( 20) acre minimum parcel size requirement for such use, and \ to develop townhouse residential uses on less than the ten (10) acre minimum parcel size requirement for such use. On motion of Mr. Warren, seconded by Mr. Belcher, the Commission recommended approval of this request, subject to the following conditions and acceptance of the following proffered conditions: CONDITIONS 1. The application, as revised, and plan, ti tied "Harbour Pointe Zoning Map" prepared by Gerstenmaier Design Studio, dated Septembe.r 12, 1991, and last revised November 15, 1991 (Exhibit A), shall be considered the plan for the development of this property. (p) 2. The public wastewater system shall be used. (U) 3. The developer shall be responsible for: A) full cost for traffic signalization, if warran~ed as determined by the Transportation Department, at the Road A/Deer Run Drive/Route 360 intersection; and B) full cast for a traffic signal if warranted as determined by the Transportation Department at either the Road B/Route 360 intersection or the Harbour Pointe Parkway/Route 360 intersection. These required road improvements shall be included in and constructed in accordance with the phasing plan required by the proffered conditions. (T) (NOTE: This condition supersedes Proffered Condition 17.G.) PROFFERED CONDITIONS 1. 'The areas designated Area A and Area D on the plan titled "Harbour Point Zoning Map" (the "Plan") prepared by Gerstenmaier Design Studio, dated September 12, 1991, and last revised November 15, 1991 ("Exhibit AU) shall be used for retail outparcel development. The architecture of the outparcel facilities shall be of a contemporary/transitional style as set forth in Proffer 13. Except as qualified herein, uses permitted shall be those used permitted by-right and those permitted with restrictions in the C-3 District except that the following uses shall not be permitted. Excluded Uses: a. Hospitals.. b. Pawn shops. c. Department stores. d. Frozen food locker and sales. e. Funeral homes or mortuaries. f. Meat markets. g . Occult sciences!t such as palm readers, astrologers It fortune tellers, tea leaf readers, prophets, etc. h. Rest, nursing and convalescent homes. i. Drug store/ pharmacy. j. Grocery store containing more than 4,000 gross square feet; provided, however, a grocery store such as a mini-maxket or food-mart shall be permitted provided it contains less than 4,000 gross square feet and is located only on Parcel A. k. Automobile and motorcycle sal.es and, as accessory to sales, service, repair or rental. 2. The area designated Area C on the Plan shall be used for development of a neighborhood shopping center as intended within the Comprehensive Plan reference. to neighborhood mixed use nodes. Uses permitted shall be those uses permitted by-right and those permitted with restrictions in the C-3 District except in accordance with the Conditional Use Application. The shopping center shall be subject to the following restrictions: a. The total building area of the shopping center shall not exceed 127,500 gross square feet, exclusive of the outparcels. b . Individual tenant spaces wi thin the shopping center shall be limited as follows: ( 1) No more than three tenants at the center may exceed 12,000 gross square feet each; (2) Two of such tenants may each contain up to maximum of 30,000 gross square feet each; and 2 PC/91SN0286!DECIIPP . I\~ .........l e -A e . (3) One such tenant may contain up to 70..000 gross square feet; providedt however, the total gross square footage of all space at the shopping center shall not exceed 127,500 gross square feet, exclusive of the outparcels. 3 .. Subj ect to the limitations set forth in Proffers 4 and 6 below, the area designated as Area B on the Plan shall be used only for office, office/warehouse, and/or multi-family/tOwnhouse development. This area shall be generally developed as a transitional area between the retail uses .along Hull Street Road and the existing residential uses in Harbour Pointe. Uses normally permitted by-right and with restrictions within the C-3 District are hereby excluded from Area B, except those uses. specifically set forth below. Permitted uses: a. Offices: business, professional. governmental, medical and b. Underground utility uses except as provided in Section 21 . 1-146 ( a) of the Ordinance, when such uses are located in easements, or in public roads rights of way. c. Office/warehouse where the retail portion of the warehouse far each individual tenant occupies forty percent (40%) or less. of the individual tenant's space. The loading/warehouse. areas shall be oriented away from the adjacent residential or office uses. Each individual tenant space shall be limited to a single loading door or dock for the warehouse portion of the tenant's space. d. Residential multi-family and townhouses according to the following. conditions: Multi-family and/or residential townhouse uses shall be incorporated into an integrated schematic plan. If multi-family units and/or residential townhouses are developed, they s~ be stmilar in architectural style to Old Buckingham Station or the apartments at Stony Pointa No such residential uses shall be permitted until construction has begun on a minimum of fifty percent (50%) of the gross site area devoted to connnercial uses. Such uses shall comply with the requirements of the residential townhouse district or the res idential multi -family zoning district ,. except that the acreage may be less than twenty (20) acres but not less than five (5) acres in accordance with the Conditional Use Applicationa 3 PC/91SN0286!DECI1PP e. Such other uses are deemed "accessory uses" to those set forth. 4. Between the shopping center and the existing Harbour Wood section of Harbour Pointe a buffer sball be maintained with a horizontal distance of not less than 150 feet as measured from the rear property line of the Project to the adjacent community association property of the Harbour Wood subdivision as depicted on the Plan. The edge of pavement at the shopping center shall. be no closer than 200 feet as measured from tbe closest rear homeowner property line in Harbour Wood., This 200 foot measurement shall be inclusive of the variable width common open space adjacent to the rear homeowner property lines in Harbour Wood. The 150 foot buffer area shall be developed in accordance with Section 21.1- 227 and 21.1- 228 ( a) (3) of the Ordinance. except as provided herein. Retention ponds or BMPs may be. permi tted wi thin the southernmost seventy-f i ve (75) feet of the. buffer by the Director of Planning at the time of site plan review if necessitated by site design and if adequate. screening and buffering can be provided. In addition to required tree preservation and landscaping within the buffer and required screening, the buffer shall be supplemented wi th six ( 6) foot evergreens along the shopping center boundary where deemed necessary by the Directo.r of Planning to provide sufficient screening for the adjacent residential properties. 5. Along the northern property line of the northwestern portion of Area B or that portion of the site adjacent to Watch Killt a buffer shall be maintained with a horizontal distance of 75 feet as measured from the proposed edge of the buffer closest to the proposed development and the rear homeowner property lines in Watch Hill. This buffer shall be inclusive of a 30 foot cammon open space located on the applicant's Property and adj acent to the rear homeowner property lines in Watch Hill. The 75 foot buffer shall be developed in accordance with Section 21.1-227 and 21.1-228 of the Ordinance~ 6. The uses set forth in Proffer 3 above notwithstanding, within the portion of the property designated as Area B adjacent to Harbour Pointe Parkway, a 200 foot transition area, measured from the existing property line along Harbour Pointe Parkway J shall be established. Within this transition area, only those uses specifically set forth below shall be permitted: a. Offices: business ~ professional. governmental, medical and b. Underg~ound utilities uses except as provided in Section 21.1-146 (a) of the Ordinance, when such uses are located in easements t or in public roads rights. of way. 4 PC/91SN0286/DEC1IPP . ~ e -'~ e . c. Res idential multi -f amily and townhouses according to the following condition: Multi-family and/or residential townhouse uses shall be incorporated into an integrated schematic plan. If multi-family units and/or residential townhouses are developed, they shall be similar in architectural style to Old Buckingham Station or the apartments at Stony Point. No such residential uses shall be permitted until construction has begun on a minimum of fifty. percent (50%) of the gross site area devoted to commercial uses. Such uses shall comply with the requirements of the residential townhouse district or the residential multi-family zoning district, except that the acreage may be less than twenty (20) acres but not less than five (5) acres in accordance with the Conditional Use Applicationa d. Such other uses as are deemed "accessory uses" to those set forth. 7. The transitional area along Harbour Pointe Parkway as defined in Proff er 6 shall have an eighty ( 80) foot buffer in accordance with Section 21.1-227 an4 21.1-228 (a) (2) of the Ordinance. Any modification to the buffer in the transition area shall be controlled by the Ordinance except that retention ponds or BMPs may be permitted by tbe Director of Planning wi thin the buffer at the time of site plan review if necessitated by site design and if adequate screening and buffering can be provided. The retention ponds or BMPs may be placed wi thin the buffer if approved by the Director of Planning as described above~ 8. The acreage. identified for any specific use outlined herein may vary as more detailed site development considerations are explored; provided however, that the aggregate acreages for land uses may be increased or decreased by no more than twenty percent (20%), provided the maximum densities do not exceed the densities set forth in the traffic report applicable to the Project and prepared by the Chesterfield County Transportation Department. dated November 13, 1991 (the "Traffic Report"). 9. In conjunction with the development of the shopping center, a pedestrian/bicycle path shall be constructed fram the cul-de-sac at Harbour Pointe Parkway and Harbour Pointe Road to the shopping center. The pathway shall be designated to facilitate pedestrian/bicycle access from the residential areas of Harbour Pointe to the shopping center and other elements of the development. 10. For that portion of the site which drains into Swift Creek Reservoir the silt basins and pits shall be sized twenty-five (25) percent larger than the minUnum storage volume required by the State Erosion and Sediment Control Manual. 5 PC/91SN0286!DECIIPP 11. If Area B is developed for residential uses, then for each residential unit developed in excess of the thirty-one (31) units currently permitted (and for which no cash proffers are required) under the existing R-7 zoning, the applicant, subdivider or his assignee. at the time of building permit application, shall. pay cash proffers to tbe County of Chesterfield for infrastructure ~provements within the service district for the property: a. The amount currently approved by the Board of Supervisors (the "Board") of $2,000 per lot, if paid prior to January 1, 1992; or b. The amount approved by the Board not to exceed $3,000 per lot, if paid between January 1, 1992 and June 30, 1992 inclusive; or c. The amount approved by the Board not to exceed $4,000 per lot, if paid between July 1, 1992 and June 30, 1993 inclusive; or d. The amount approved by the Board not to exceed $4,000 per lot, adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 1992 and July 1 of the fiscal year in which the payment is made if paid after June 30, 1993. 12. The overall architectural style of the non-residential development shall be of a contemporary/transitional nature similar to (a) the Sovran Bank located at Harbour Pointe Parkway and Route 360, or (b) the Laburnum Park Shopping Center. The developer shall submit copies of all architectura~ renderings and plans to the Planning Department at the time of site plan approval. At the same time, the developer shall provide copies of the plans to the President of the Harbour Pointe Association and the Brandermill Commercial Architectural Review Board. 13. No clearing on any. portion of the Property sball be undertaken until a site plan for that portion of the Property has been approved by the County and natural vegetation on the Property shall remain undisturbed until erosion control plans have been approved by the County; providedt however~ normal soil testing. engineering studies and other such field tests shall be permitted. as well as construction of utilities as necessitated by the site plans. Buffers will be marked with engineer 1 s tape before any clearing in accordance with an approved site plan. In addi.tion, the developer, in conjunction with the development of the shopping center .may clear a portion of the western portion of Area B in order to cross level the respective sites. Trees eight (8) inches (DBH) or greater in caliper within the setback along Route 360 shall be preserved as required by the Ordinance. e 6 PC/91SN0286}DECllPP . --;... . . 14. Prior to any site plan approval or in conjunction with recordation of the initial subdivision plat, whichever occurs first, one hundred (100) feet of right of way on the north side of Route 360 measured from the centerline of that part of Route 360 immediately adjacent to the property shall be dedicated, free and unrestricted, to and for the ben~fit of Chesterfield County. All yard calculations shall be measured from the existing right of way line. 15. The maximum density of this development shall not exceed the density levels set forth in the Traffic Report. 16. Access to Route 360 shall be limited to three (3) entrance/exits as generally shown on the Plan. The exact location of these accesses shall be approved by the Transportation Department. 17 . To provide for an adequate roadway system at the time of the complete development of the proposed project, the developer shall be responsible for the following: a. Closing the existing crossover east of Road A. b. Construction of a new crossover approximately 950 feet east of the Deer Run drive/Road A intersection. c. Construction of an additional lane of pavement along the westbound lanes of Route 360 for the entire property frontagee d. Construction of additional pavement along the westbound lanes of Route 360 to provide a separate right turn lane at each approved site access. e. Construction. of additional pavement along the eastboWld lanes of Route 360 to provide dual left turn lanes at the Road A. interse.ction if required at the time. of site plan review. If dual left turn lanes are not warr.anted than a single left shall be constructed at the Road A intersection. A left turn lane at the Road B intersection shall be constructed. f. Construction. of the ultimate section of Road A at its intersection with Route 360. shall, at most, consis.t of a five (5) lane typical section (i.e., three (3) south bound lanes and two (2) northbound lanes) if required at the time of site plan review.. g. Contribution of up to 50% of the cost of a traffic signal at the intersection of Road A and Route 360 if warranted as determined by the Transportation Department. h. Dedication to and for the benefit of the County of Chesterfield, free and unrestricted, any additional right of 7 PC/91SN0286/DECI1PP way (or easement) required for the improvements identified above. 18. Prior to any site plan approval or tentative subdivision approval~ whichever occurs firstt a phasing plan f.or the required. road improvements outlined in Proffer 18, together wi th supporting traffic analysis if requested by the Transportation Department, shall be submitted to and approved by the Transportation Depa~ent. 19. The maximum number of dwelling units constructed on Area B shall not exceed ninety-five (95). 20. The maximum. building hei.ght of any residentia~ structure developed on the site shall not exceed two (2) stories. AYES: Unanimous . 8 PC/91SN0286}DECllPP e . '___ __ ..;.'If e . No~ember-~9;-i99i-€pe Bee~mb~r-g.-i991-€pe December 11, 1991 BS REQUEST ANALYSIS AND RECOMMENDATION 91SN0286 Brandermill Development Co., L. P. and Harbour Point Associates Clover Hill Magisterial District North line of Hull Street Road and south line of Harbour Pointe Parkway REQUEST.: Rezoning from Light Industrial (M-l), Residential (R-7) and Office Business (0) to Community. Business (C-3) with Conditional Use to permit a shopping center, multi-family residential and townhouse res ident ial uses.. Specif ically , shopping center, mul t i -f amily residential and townhouse residential uses are permitted as restricted uses within C-3 Districts unless the restrictions cannot be met, in which case a Conditional Use is required. The applicant seeks the ability to develop a shopping center of more than twenty-five (25) acres which does not have frontage on, and access to, at least two (2) arterial roads. In addition, the applicant seeks the ability to develop multi-family residential uses on less than the twenty (20) acre minimum parcel size requirement for such use, and to develop townhouse residential ---uses on less than the ten ( 10) acre minimum parcel size requirement for such use. PROPOSED LAND USE: A mixed use development, with commercial, office, multi-family residential and/or townhouse residential uses, is planned. Spec if ically , the applicant intends to develop portions of the Hull Street road frontage for a 127,500 square foot shopping center plus various out-parcels (Proffered Condition 2). The remainder of the Hull Street Road frontage east and west of the proposed shopping center would be developed for other commercial uses (Proffered Condition 1). The remainder of the property would be developed for such transitional uses as offices, office/warehouses, multi-family residences or townhouses~ (Proffered'Conditions 3 and 6) PLANNING COMMISSION RECOMMENDATION THE COMMISSION IS SCHEDULED TO CONSIDER THIS REQUEST ON DECEMBER 9, 1991. STAFF WILL ADVISE THE BOARD OF THE COMMISSION'S ACTION AT THE BOARD'S PUBLIC HEARING. STAFF RECOMMENDATION Recommend approval subject to the imposition of the following conditions and acceptance of Proffered Conditions 2, 3. a", 3. b. J 3. c., 3. e., 5, 6. a., 6.. b. , 6.d., 7 through 11, 12, 14 through 17, 18.A., 18.B., l8.C., 18.D., 18.E., la.F., lS.H. and 19. Recommend that Proffered Conditions 1, 3.d., 4, 6.c., 11.A., 13 and 18.G. not be accepted. These recommendations are made for the following reasons: A. The proposed zoning and land use conforms to the Upper Swift Creek Plan which suggests that the property would be appropriate for neighborhood commercial uses. B. The Zoning Ordinance, proffered conditions and the additional conditions stated herein ensure proper land use transition and quality development. c. Proffered Conditions 1, 3.d., 4, 6.c., 11.A. and 13 are either incorrect, unenforceable, unclear, or would violate provisions of the Zoning Ordinance. (NOTE: THE CONDITIONS NOTED WITH tlSTAFF / CPCu WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION.. CONDITIONS WITH ONLY A tlSTAFFII ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION..) CONDITIONS (STAFF) 1. The application, as revised, and plan, titled "Harbour Pointe Zoning Map" prepared by Gerstenmaier Design Studio, dated September 12, 1991, and last revised November 15. 1991 (Exhibit , A), shall be considered the plan for the development of this property. (p) (STAFF) (STAFF) 2. The public wastewater system shall be used. (U) 3. Residential multi-family and townhouse' shall be permitted in Tract B and the 200 foot transition area in Tract B according to the following condition: Multi-family and/or residential townhouse uses shall be incorporated into an integrated schematic plan. If multi-family units and/or residential townhouses are developed, they shall be similar in architectural style to Old Buckingham Station or the apartments at Stoney Point. No such residential uses shall be permitted until construction has begun on a minimum of fifty percent (50%) of the gross site area devoted to commercial uses. Such uses shall comply with the requirements of the residential townhouse district or the res ident ial mul t i - family zoning district, except that the acreage may be less than twenty (20) acres but not less than five (5) acres in accordance with the Conditional Use Application. (p) 2 4It91SN0286/PC/DECllP -.! e (STAFF) (STAFF) (STAFF) ~ - .~ . .." .... . . - -.;~ . ......: .....". "i,J ,,;-'" . . 'loll. III ~' ~ -i: r -, W (NOTE: This condition supersedes Proffered Conditions 3.d. and 6.c.) 441 Between the shopping center and the existing Harbour Wood section of Harbor Pointe, a buffer shall be maintained with a horizontal distance of not less than 150 feet as measured from the rear property line of the Project to the adjacent Community Association property of the Harbour Wood Subdivision as depicted on the Plan. The edge of pavement at the shopping center shall be no closer than 200 feet as measured from the closest rear homeowner property line in Harbour Wood. This 200 foot measurement shall be inclusive of the variable width common open space adjacent to the rear homeowner property lines in Harbour Wood. The 150 foot buffer area shall be developed in accordance with Sections 21.1-227 and 21.1-228 (a) (3) of the Ordinance except as provided herein. Retention ponds or BMPs may be permitted within the southernmost seventy-five (75) feet of the buffer by the Director of Planning at the time of site plan review if necessitated by site design and if adequate screening and buff ering can be provided. In addition to required tree preservation and landscaping within the buffer and required screening, the buffer shall be supplemented with six (6) foot evergreens along the shopping center boundary where deemed necessary by the Director of Planning to provide sufficient screening for. the adjacent residential properties. (p) (NOTE: This condition supersedes Proffered Condition 4.) s. The overall architectural style of non-residential development shall be of a contemporary/transitional nature similar to (a) the Sovran Bank located at Harbour Pointe Parkway and Route 360, or (b) the LaburnWn Park Shopping Center. The developer shall submi t copies of all architectural. renderings and plans to the Planning Department at the time of site plan approval. At the same time, the developer shall provide copies of the plans to the President of the Harbour Point Association and the Brandermill Commercial Architectural Review Board. (p) (NOTE: This Condition supersedes Proffered Condition 13.) 6. The areas designated Area A and Area D on the plan titled tlHarbour Pointe Zoning Mapu (the 1IPlan"), prepared by Gerstenmaier Design Studio~ dated September 12, 1991, and last r~vised November 15, 1991, (1tExhibit AU) shall be used for retail out-parcel development. The architecture of the out-parcel facilities shall be of a contemporary/transitional style as set forth in Proffer 13. Except as qualified herein, uses permitted shall be those uses permitted by-right and those permitted with restrictions in the C-3 District except that the following uses shall not be permitted: 3 91SN0286!PC!DECI1P Excluded Uses a. Hospitals. b. Pawn shops. c. Department stores. d. Frozen food locker and sales. e. Funeral homes or mortuaries. f. Meat markets. g. Occult sciences, such as palm readers, astrologers, fortune tellers, tea leaf readers, prophets, etc. h. Rest, nursing and convalescent homes. i. Drug store/pharmacy. j. Grocery store containing more than 4,000 gross square feet; provided, however, a grocery store such as a mini-market or food-mart shall be permitted provided it contains less than 4,000 gross square feet and is located only on Parcel A. k. Automobile and motorcycle sales and, as accessory to sales, service, repair or rental. (NOTE: This condition supersedes Proffered Condition 1.) (STAFF) 7 . Access shall be provided from the subj ect property to Harbour Point Parkway. The exact location of this access shall be approved by the Transportation Department. (T) (NOTE: This access shall be permitted through required buffers.) (STAFF) 8. The developer shall be responsible for: A) construction of additional pavement along Harbour Point Parkway at the approved access to provide left and right turn lanes; B) full cost for traffic signalization, if warranted as determined by the Transportation Department, at the Road A/Deer Run Drive/Route 360 intersection; and C) full cost for a traffic signal if warranted as determined by the Transportation Department at either the Road B/Route 360 intersection or the Harbour Pointe Parkway/Route 360 intersection. These required road improvements shall be included in and constructed in accordance with the phasing plan required by the proffered conditions. (T) (NOTE: This conditi.on supersedes Proffered Condition 18eG.) PROFFERED CONDITIONS 1. The areas designated Area A and Area D on the plan titled "Harbour Point Zoning Map" (the "Planlt) prepared by Gerstenmaier Design Studio, dated September 12, 1991, and last revised November 6, 1991 ("Exhibit All) shall be used for retail outparcel development. The architecture of the outparcel facilities shall be of a contemporary/transitional style as set forth in Proffer 13. Except as qualified herein, uses permitted shall be those used permitted by-right and those permitted with restrictions in the C-3 District except that the following uses shall not be permitted. 4 91SN0286!PC/DEC11P . . (STAFF) (STAFF) e tJ :.. t ~ ~ Excluded Uses: a. Hospitals. b. Pawn shops. c~ Department stores. d. Frozen food locker and sales. e. Funeral homes or mortuaries. f~ Meat markets. g. Occul t sciences, such as palm readers, astrologers, fortune tellers, tea leaf readers, prophets, etc. h. Rest, nursing and convalescent homes. i. Drug store/pharmacy. j. Grocery store containing more than 4,000 gross square feet; provided, however, a grocery store such as a mini-market or food-mart shall be permitted provided it contains less than 4,000 gross square feet and is located only on Parcel A. k. Automobile and motorcycle sales and, as accessory to sales, service, repair or rental. 2. The area designated Area C on the Plan shall be used for development of a neighborhood shopping center as intended within the Comprehensive Plan reference to neighborhood mixed use nodes. Uses permitted shall be those uses permitted by-right and those permitted with restrictions in the C-3 District except in accordance with the Conditional Use Application. The shopping center shall be subject to the following restrictions: a. The total building area of the shopping center shall not exceed 127 , 500 gross square feet, exclus i ve of the outparcels. b. Individual tenant spaces within the shopping center shall be limited as follows: ( 1) No more than three tenants at the center may exceed 12,000 gross square feet each; (2) Two of such tenants may each contain up to maximum of 30,000 gross square feet each; and (3) One such tenant may contain up to 70,000 gross square feet; provided, however, the total gross square footage of all space at the shopping center shall not exceed 127,500 gross square feet, exclusive of the outparcels~ 3. Subject to the limitations set forth in Proffers 4 and 6 below, the area designated as Area B on the Plan shall be used only for office, office/warehouse, and/or multi-family/townhouse development. This area shall be generally developed as a transitional area between the retail uses along Hull Street Road and the existing residential uses in Harbour Pointe. Uses 5 91SN0286/PC/DEC11P (STAFF) (STAFF) (STAFF) (STAFF) normally permitted by-right and with restrictions within the C-3 District are hereby excluded from Area B, except those uses specifically set forth below. Permitted uses: a. Offices: business, professional. governmental, medical and b_ Underground utility uses except as provided in Section 21.1-146 (a) of the Ordinance, when such uses are located in easements, or in public roads rights of way. c. Office/warehouse where the retail portion of the warehouse for each individual tenant occupies forty percent (40%) or less of the individual tenant's space. The loading/warehouse areas shall be oriented away from the adj acent res idential or of f ice uses. Each individual tenant space shall be limited to a single loading door or dock for the warehouse portion of the tenant's space. d. Res idential mul ti - family and townhouses according to the following conditions: Multi-family and/or residential townhouse uses shall be incorporated into an integrated schematic plan. If multi -family units and/ or residential townhouses are developed, they shall be a quality comparable to Old Buckingham Station or the apartments at Stoney Point. No such residential uses shall be permitted until construction has begun on a minimum of fifty percent (50%) of the gross site area devoted to commercial uses. Such uses shall comply wi th the requirements of the residential townhouse district or the residential multi-family zoning district, except that the acreage may be less than 20 acres but not less than 5 acres in accordance with the Conditional Use Application. e. Such other uses are deemed lIaccessory uses" to those set forth. 4. Between the shopping center and the existing Harbour Wood section of Harbour Pointe a buffer shall be maintained with a horizontal distance of not less than 150 feet as measured from the rear property line of the Project to the adjacent community association property of the Harbour Wood subdivision as depicted on the Plan. The edge of pavement at the shopping center shall be no closer than 200 feet as measured from the closest rear homeowner property line in Harbour Wood. This 200 foot measurement shall be inclusive of the variable width common open 6 91SN0286/PC/DECllP e e (STAFF) (STAFF) (STAFF) (STAFF) .~~:~.... ..... ~ . r" I..... 1Irw,h,...... t-"" e e f'", · . space adjacent to the rear homeowner property lines in Harbour Wood. The 150 foot buffer area shall be developed in accordance with Section 21.1-227 of the Ordinance except that retention ponds or BMPs may be permitted in the buffer by the Director of Planning at the time of site plan review if necessitated by site design and if adequate screening and buffering can be provided. The retention ponds or BMPs may be placed within the buffer if approved by the Director of Planning as descri~ed above. Where necessary, the existing natural buffer shall be supplemented with six foot evergreens along the shopping center boundary to provide additional screening for the adjacent residential properties. 5. Along the northern property line of the northwestern portion of Area B or that portion of the site adjacent to Watch Hill.. a buffer shall be maintained with a horizontal distance of 75 feet as measured from the proposed edge of the buffer closest to the proposed development and the rear homeowner property lines in Watch Hill. This buffer shall be inclusive of a 30 foot common open space located on the applicant '.5 Property and adj acent to the rear homeowner property lines in Watch Hill. The 75 foot buffer shall be developed in accordance with Section 21.1-227 and 21.1-228 of the Ordinance. 6. The uses set forth in Proffer 3 above notwithstanding, within the portion of the property designated as Area B adjacent to Harbour Pointe Parkway, a 200 foot trans i tion area, measured f rom the existing property line along Harbour Pointe Parkway, shall be established. Within this transition area, only those uses specifically set forth below shall be permitted: a. Offices: business, professional. and governmental, medical b. Underground utilities uses except as provided in Section 21.1-146 (a) of the Ordinance, when such uses are located in easements, or in public roads rights of way. c. Residential multi -family and townhouses according to the following condition: Multi-family and/or residential townhouse uses shall be incorporated into an integrated site plan. No such residential uses sball be permitted until construction has begun on a minimum of fifty percent (50%) of the gross site area devoted to commercial uses. Such uses shall comply with the requirements of the residential townhouse district or the res identi al multi - family zoning district, except as provided in accordance wi th the Conditional Use Application. 7 91SN0286}PC}DEC11P (STAFF) (STAFF) 7 . (STAFF) 8. (STAFF) 9. (STAFF) 10. (STAFF) 11. dO' Such other uses as are deemed uaccessory usesll to those set forth. If the transitional area along Harbour Pointe parkway is developed for townhouse or multi - family res ident ial uses a 50 foot buffer shall be installed in accordance with Section 21.1-227 and 21.1-228 (a) (2) of the Ordinance. In addition, if the transitional area is developed for townhouse or multi-family residential uses, no building shall be constructed within 75 feet of the property line along Harbour Pointe Parkway. If the transitional area along Harbour Pointe Parkway is developed for office uses a 50 foot buffer shall be installed in accordance with Section 21.1-227 and 21.1-228 (a) (2) of the Ordinance. Any modification to the buffers in the transition area shall be controlled by the Ordinance except that retention ponds or BMPs may be permitted by the Director of Planning within the buffers at the time of site plan review if necessitated by site design and if adequate screening and buffering can be provided. The retention ponds or BMPs may be placed within the buffer if approved by the Director of Planning as described above. Any parcel boundary shown on the Plan may be adjusted to any new configuration or shape provided that the concepts of the Plan as they relate to the general location of types of land uses and circulation patterns are maintainede The acreage identified for any specific use outlined herein may vary as more detailed site development considerations are explored; provided however, that the aggregate acreages for land uses may be increased or decreased by no more than twenty percent (20%), provided the maximum densities do not exceed the densities set forth in the traffic report applicable to the Project and prepared by the Chesterfield County Transportation Department, dated November 13, 1991 (the "Traffic Report"). In conjunction with the development of the shopping center, a pedestrian/bicycle path shall be constructed from the cul-de-sac at Harbour Pointe Parkway and Harbour Pointe Road to the shopping center. The pathway shall be designated to facilitate pedestrian/bicycle access from the residential areas of Harbour Pointe to the shopping center and other elements of the development;ll For that portion of the site which drains into Swift Creek Reservoir the silt basins and pits shall be sized twenty-five (25) percent larger than the minimum storage volume required by the State Erosion and Sediment Control Manual. l1A. Good water quality is important to maintaining the useful life of the Upper Swift Creek Reservoir. The property owners and the developer will make a good fai th effort tOo protect the water quality of Upper Swift Creek Reservoir and to comply with all water quality laws and ordinances. e 8 e 91SN0286!PC!DECllP (STAFF) 12. '4 ~... I '" .. - - ~ "'_ "T , " :- -t . r..~ (... e e If Area B is developed for residential uses, then for each residential unit developed in excess of the thirty-one (31) units currently permitted (and for which no cash proffers are required) under the existing R-7 zoning, the applicant, subdivider or his assignee, at the time of building permit application, shall pay cash proffers to the County of Chesterfield for infrastructure improvements within the service district for the property: a. The amount currently approved by the Board of Supervisors (the "Board") of $2,000 per lot, if paid prior to January 1, 1992; or , b. The amount approved by the Board not to exceed $3,000 per lot J if paid between January 1, 1992 and June 30, 1992 inclusive; or c. The amount approved by the Board not to exceed $4 J 000 per lot, if paid between July 1, 1992 and June 30, 1993 inclusive; or d. The amoun t approved by the Board not to exceed $4, 000 per lot, adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 1992 and July 1 of the fiscal year in which the payment is made if paid after June 30, 1993. 13. The overall architectural style of the development shall be of a contemporary/transitional nature similar to (a) the Sovran Bank located at Harbour Pointe Parkway and Route 360, or (b) the Laburnum Park Shopping Center. The developer shall submit copies of all architectural renderings and plans to the Planning Department at the time of site plan approval. At the same time, the developer shall provide copies of the plans to the President of the Harbour Pointe Association and the Brandermill Commercial Architectural Review Board. (STAFF) 14. (STAFF) 15. No clearing on any portion of the Property shall be undertaken until a site plan for that portion of the Property has been approved by the County and natural vegetation on the Property shall remain nndisturbed until erosion control plans have been approved by the County; provided, however, normal soil testing, engineering studies and other such field tests shall be permitted as well as construction of utilities as necessitated by the site plans. Buffers will be marked with engineer's tape before any clearing in accordance with an approved site plan. In addition, the developer, in conjunction with the development of the shopping center may clear a portion of the western portion of Area B in order to cross level the respective sites. Trees eight (8) inches (DBH) or greater in caliper within the setback along Route 360 shall be preserved as required by the Ordinance. Prior to any site plan approval or in conjunction with recordation of the initial subdivision plat ~ whichever occurs first, one hundred (100) feet of right of way on the north side of Route 360 measured from the centerline of that part of Route 9 91SN0286/PC/DEC11P (STAFF) 16. (STAFF) 17. (STAFF) 18. (STAFF) (STAFF) (STAFF) (STAFF) (STAFF) (STAFF) (STAFF) 360 immediately adjacent to the property shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. All yard calculations shall be measured from the existing right of way line. The maximum density of this development shall not exceed the density levels set forth in the Traffic Report. Access to Route 360 shall be limited to three (3) entrance/exits as generally shown on the Plan. The exact location of these accesses shall be approved by the Transportation Department. To provide for an adequate roadway system at the time of the complete development of the proposed project, the developer shall be responsible for the following: A. Closing the existing crossover east of Road A. B. Construction of a new crossover approximately 950 feet east of the Deer Run drive/Road A intersection. c. Construction of an additional lane of pavement along the westbound lanes of Route 360 for the entire property frontage. D. Construction of additional pavement along the westbound lanes of Route 360 to provide a separate right turn lane at each approved site access. E. Construction of additional pavement along the eastbound lanes of Route 360 to provide a dual left turn lanes at the Road A intersection if required at the time of site plan review. If dual left turn lanes are not warranted than a single left shall be constructed at the Road A intersection. A left turn lane at the Road B intersection shall be constructed. F~ Construction of the ultimate section of Road A at its intersection with Route 360, shall, at most, consist of a five (5) lane typical section (i.e., three (3) south bound lanes and two (2) northbound lanes) if required at the time of site plan review. G. Contribution of up to 50% of the cost of a traffic signal at the intersection of Road A and Route 360 if warranted as determined by the Transportation Department. H. Dedication to ffild for the benefit of the County of Chesterfield, free and unrestricted, any additional right of way (or easement) required for the improvements identified above. e 10 e91SN0286/PC/DECllP . . (STAFF) 19. Prior to any site plan approval or tentative subdivision approval, whichever occurs first, a phasing plan for the required road improvements outl ined in Proffer 18, together wi th supporting traffic analysis if requested by the Transportation Department, shall be submitted to and approved by the Transportation Department. GENERAL INFORMATION Location: North line of Hull Street Road, south line of Harbour Pointe Parkway, and west of the intersection of these roads. Tax Map 61-16 (1) Parcel 2 and Part of Parcel 30 (Sheet 20). Existing Zoning: 0, M-l and R-] with Conditional Use Planned Development Size: 47.4 acres Existing Land Use: Vacant Adjacent Zoning & Land Use: North - R-7 and 0 with Conditional Use Planned Development; Single family residential or vacant South - A, B-1, 0, and 0 and M-l with Conditional Use Planned Development; Single family residential, commercial or vacant East - 0 with Conditional Use Planned Development; Vacant West - M-l, and M-l with Conditional Use Planned Development; Industrial or vacant PUBLIC FACILITIES Utilities: Water: Public, water is ava~lable to the subject property. Use of the public water system is required by Ordinance and intended. Sufficient flow and pressure should be available to supply domestic and fire flow demands for the proposed uses. Wastewater: The public wastewater system is avoilable to the subject property. Use of the public wastewater sy~t.em nlay be required by Ordinance (Chapter 20, Article 20, Section 20-63 and Article IX, Section 11 91SN0286!PC/DEC1IP 20-195)~ Use of the public wastewater system is intended (Condition 2). Sufficient capacity should be available to support the proposed uses. Drainage and Erosion: Drains to Swift Creek and to Swift Creek Reservoir.. No existing or anticipated on- or off-site drainage and/or erosion problems with this development; however, Swift Creek Reservoir experiences discoloration during heavy rains. Off-site drainage easements and improvements may be required to control runoff. Silt basins and pits should be oversized to provide additional protection of Swift Creek Reservoir from runoff generated during construction ( Proffered Condition 11 ) . Further, development will be subject to the requirements of the Upper Swift Creek Watershed Ordinance. Proffered Condition 11. A. attempts to further address water quality issues. However, as currently styled, the proffered condition is meaningless and does not provide any enforceable standards III Therefore, Proffered Condition 11.A. should not be accepted. It should be noted that the request property lies within an area that exhibits shrink/swell soil characteristics. Fire Service: Clover Hill Fire Station, Company #7. County water flows and fire hydrants must be provided for fire protection purposes in compliance with nationally recognized standards (i.e., National Fire Protection Association and Insurance Services Office). Fire lanes must be provided in compliance with the Chesterfield Fire Prevention Code, Section 313. The proposed office/commercial portions of this request will not generate additional need for fire protection services. Schools: Thirty-one (31) residential units could be developed on the existing R-7 zoned property, yielding approximately eighteen (18) school aged children. If the residential portion of the request site were developed. at the maximum permitted density, approximately ninety-six (96) additional school aged children could be generated. The site lies within the Clover Hill Elementary School attendance zone: capacity - 775, enrollment - 818; Swift Creek Middle School attendance zone: capacity - 1,350, enrollment - 1,089; and Clover Hill High School attendance zone: capacity - 1,750, enrollment - 1,957. Any residential development would have a significant impact upon area schools. Even with the opening of Alberta Smith Elementary School, a new elementary school will be needed in the late 1990's to relieve Clover Hill, Crestwood, Grange Hall and ~oolridge Elementary Schools. Transportation: Development based on the maximum density proffered by the applicant. could generate approximately 11,070 average daily trips. These vehicles will be . 12 . 91SN0286/PC/DECllP . . distributed along Hull Street Road (Route 360) which had a 1990 traffic count of 19,988 vehicles per day. The Thoroughfare Plan. identifies Route 360 as a major arterial with a recommended right of way width of 120 to 200 feet. The applicant has proffered to dedicate one hundred (100) feet of right of way measured from the centerline of Route 360 in accordance with that Plan. (Proffered Condition 15) Development must adhere to the Zoning Ordinance relative to access and internal circulation (Article 7). Access to major arterials such as Route 360 should be controlled. The applicant has proffered to limit access to Route 360 to three (3) entrancel exits as generally depicted. on the Plan ( Proffered Condition 17). Mi tiga ting road improvements must be provided for requested densities to achieve an acceptable level of service. The applicant has proffered to: 1) Close the existing crossover east of Road A; 2) Construct a new crossover approximately 950 feet east of the Deer Run Drive/Road A intersection; 3) Construct additional pavement along the westbound lanes of Route 360 to provide an additional lane for the entire property frontage plus a separate right turn lane at each approved access; 4) Construct additional pavement along the eastbound lanes of Route 360 to provide dual left turn lanes at the Road A intersection and a single left turn lane at the Road B intersection; and 5) One half the cost of traffic signalization at the Road A/Route 360 intersection. (Proffered Condition 18) The applicant's proffered contribution towards a traffic signal at the Road A/Route 360 intersection is insufficient to provide that improvement. The developer should be responsible for full cost for that improvement (Condition 8). Therefore, Proffered Condition l8.G. should not be accepted and Condition 8 should be imposed. Due to the proximity of the Road B/Route 360 intersection to the other two (2) anticipated signalized intersect ions along Route 360 (i .a e., Road A/Deer Run Drive and Harbour Pointe Parkway/Mockingbird Lane), a traffic signal should not be installed at that intersection. Access should be provided from the subject property to Harbour Point Parkway (Condition 7) and the Route 360/Harbour Point Parkway intersection 5 ignal ized ( Condi tion 8) . The access would allow traffic from this development to utilize the planned signalized intersection at Harbour Pointe Parkway/Mockingbird Lane and reduce the need for another signal on Route 360 at Road B. This access would also permit traffic to enter and exit this development from the adjoining neighborhood without necessitating travel along Route 360. Additional pavement should be constructed along Harbour Point Parkway at the approved access to provide left and right turn lanes (Condition 8). If vehicles generated by this development warrant.. signalization of the Road B intersection, the developer should be responsible for that improvement (Condition 8). Area B identified on the plan can be developed for residential multi-family and/or townhouse uses. The applicant has proffered to contribute cash towards off-site road improvements for each residential unit developed in excess of the number of units (31) currently permitted under the existing R-7 zoning. (Proffered Condition 12) At the time of site plan review, specific recommendations will be provided regarding access and internal circulation. 13 91SN0286/PC/DEC11P FINANCIAL IMPACT ON CAPITAL FACILITIES PER UNIT II New Dwelling Units 168.00 * 1.00 Population Increase 475.44 2.83 Number New Students Elementary Middle High Total 48.72 21.84 25.20 95.76 0.29 0.13 0.15 0.57 Total Net Cost (excluding roads) 427,560 33,096 20,496 28,056 509,208 2,545 197 122 167 Net Cost for Schools Net Cost for Parks Net Cost for Libraries Net Cost for Fire Stations 3,031 *This request could result in a maximum of 199 dwelling units. A maximum of 31 dwelling units are permitted under existing zoning, for a net of 168 additional dwelling units. This request will have an impact upon capital facilities. Cash prof~er5 have been submitted to address this impact. (Proffered Condition 12) LAND USE General Plan: Lies within the boundaries of the Upper Swift Creek Plan. which suggests that the property would be appropriate for neighborhood commercial uses. Area Development Trends: Development along this portion of Hull Street Road is characterized by a mix of agricultural, residential, office. commercial and industrial zoning and land uses, public/semi-public land uses, or vacant land. Zoning History: On May 8, 1974, the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved rezoning with Conditional Use Planned Development to permit a mixed use development on the request property and adjacent properties to the north, east, and west (Case 745021 J Brandermill). Wi th this zoning, a village center, to include~ office, retailt and residential uses) an elementary school site, and an office/light industrial complex, were planned. e 14 e 91SN0286/PC/DECllP . . On February 27, 1985, the Board approved a rezoning plus an amendment to Case 745021 on portions of the request property and property to the east (Case 855002). With this zoning, the elementary school site was eliminated and an office/industrial complex with conference center and supporting com- mercial uses was approved. The Residential (R-7) property, which was to be occupied by a portion of the elementary school, was zoned to allow residential useS4 The current zoning and Conditional Use Planned Developments ( Cases 74S021 and 85S002) would permit a mix of off ice, commercial and light industrial uses on the 0 and M-l zoned property. On the Residential (R-7) portion of the property, residential land uses are permitted. Current conditions of zoning approval address screening of loading areas and other outdoor activities; buffering of uses from area residents; and provision of open space. Site Design: A conceptual plan submitted with the application proposes a shopping center on an 18.5 acre tract, fronting Hull Street Road (Proffered Condition 2). The remainder of the Hull Street Road frontage (lJ.76 acres) would be developed for other. COIl1IIlerc ial uses (Prof fered Condit ion 1). Property north of the shopping center, between the proposed retail development and area residential development to the north, would be developed for such transitional uses as offices, office/warehouse, multi-family residential and townhouse residential uses (Proffered Conditions 3 and 6). Tract boundaries could be increased or decreased by twenty (20) percent (Proffered Conditions 8 and 9). Further, pedestrian access would be provided between the neighborhoods of Harbour Pointe and the development. (Proffered Condition 10) Further, Proffered Condition 1 fails to reflect the latest revised plan, dated November 15, 1991. Therefore, Proffered Condition 1 should not be accepted and, rather, Condition 6 should be imposed to reflect the correct plan. (Condition 6) Architectural Treatment: The subject property lies within an Emerging Growth District Area. In addition to architectural requirements specified in the Zoning Ordinance, the applicants have proffered further architectural restrictions. The applicant has proffered an overall contemporary/transitional architectural style similar to the existing bank at the intersection of Hull Street Road and Harbour Pointe Parkway or Laburnum Park Shopping Center (Proffered Condition 13). The proffer is intended to apply to non-residential development, given the proffered conditions on multi-family and townhouse architectural style. Therefore, in lieu of Proffered Condition 13, a condition should be imposed to clarify this point (Condition 5). Further, the applicant has proffered that the architectural style of residential structures will be of a quality comparable to Old Buckingham Station or the apartments at Stoney Point (Proffered Condition 3.d.). The applicant's Proffered Condition 6.c. does not address architectural style of multi-family O~ townhouse structurns in the 15 91SN0286}pc/DEC11P transition area of Tract B. With respect to Proffered Condition 3.d., the applicant has stated that the residential development will be of lIa quality comparable to Buckingham Station or the apartments at Stoney Point." The condition, as written, is subject to individual interpretation. It is, therefore, recommended that a condition be imposed to require residential development to have a "similar architectural style" as the two (2) projects identif ied and that Prof fered Condition 3. d. and 6. c . not be accepted. (Condition 3) Buffers & Screening: 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 3uch 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, si tes 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. With the approval of this request, outside storage would be permitted as a restricted use in Tracts A, C and D. Such areas must be screened from view of adjacent properties which have no such areas and public rights of way. Adj acent property to the northwest is zoned Res idential (R - 7) and is occupied by single family residences. The Zoning Ordinance requires a minimum seventy-five (75) foot buffer along the northwest property boundary of the request 5 i te, adj acent to res idential zoning. In addition, the applicant has proffered additional buffering adjacent to area neighborhoods, as well as adjacent to Harbour Pointe Parkway. (Proffered Conditions 4, 5 and 7) Proffered Condition 4 requests modifications to Ordinance requirements relative to landscaping and retention basins in the required seventy-five (75) foot buffer. Such modifications cannot be granted through the current request. Therefore, Proffered Condition 4 should not be accepted and Condition 4 should be imposed. Conclusions: As noted, the proposed zoning and land uses conform to the Upper Swift Creek Plan which suggests that the property would be appropriately developed for neighborhood commercial uses. The Zoning Ordinance, prof fered cond it ions and recommended condi tions insure proper land use transition/compatibility and quality development. Therefore, approval of this request is recommended. e 16 e 91SN0286/PC/DECllP . . CASE HISTORY Applicant (10/11/91): Revised proffers were submitted. Staff and Applicant (10/29/91): A meeting was held to discuss the revised proffers. Applicant (11/7/91): Revised proffers were submitted. Staff and Applicant (11/8/91): A meeting was held to discuss the revised proffers. Applicant (11/11/91): Revised proffers were submitted. Applicant (11/12/91): Revised proffers were submitted. Applicant (11/15/91): Revised proffers and plans were submitted~ Planning Commission Meeting (11/19/91): The Commission deferred this case to a special meeting on December 9, 1991. The Board of Supervisors .on Wednesday, December 11 , 1991, beg inning at 2 : 00 p.m., will take under consideration this request. 17 91SN0286/PC/DECI1P / ~~ . i\ I l I . / II , .... . ~ -'. .,.. . :.):... . + -,~. . . .. ... . . . ~'.'.'.. . . . . '. . '. '. . . . 4 ..... . . ." .. . + ...... + .. .... '. . . ." + . . .. . . . .. + ." . + ........ ~ . ..... ~ .. . . '. .. +. . ~~;;~'....:~ .'. ". .:..... .".. ~ ... ..:..... . ..... .'. ...... .. ..n........... ... ."_ .'. . .. ; I'" ~ '" . . ~ ~ , ~ \. ~ ~ '- '!;. ~ -. .... .... ""'''~. . 't1 . ~~ ~ .. .~. t'ij. o '. I> fIj ..~ , ,,~ c: .." ~ ~. .u \\ """. ~ ~.\ ~4 ~() "". O~ ~ .~~ "'&p.; ~ ~ · f&~ ~ ~.. "go..... \. ~ ~. ~/S. ~ ,,0 t:) ~~ ~- .tp .0(6 ~ ~ ~ ~ ~ 'a ~ ~ ~ ~ ~ ~ o ~ ~ o A / or.: '. , ,.~~ '\ oA ,/ 9lSN0286-J