07SN0350
October 24, 2007 BS
ADDENDUM
07SN0350
Chesterfield County Planning Commission
Clover Hill Magisterial District
North line of Hull Street Road, east and south of the Swift Creek Reservoir
REQUEST: Amendment to Conditional Use Planned Development (Case 74SN0021) relative to
open space in the Brandennill Community.
PROPOSED LAND USE:
Brandermill is a mixed use community which includes residential, commercial,
office, public/semi-public and recreational uses. Despite the project receiving the
appropriate site and subdivision plan approvals from the County, a recent evaluation
of the development revealed deficiencies in provisions of open space, as conditioned
by Case 74SN0021. This amendment would correct these deficiencies as well as
further limit uses permitted in this open space.
On October 24,2007, staff received correspondence from the Brandermill Community Association
suggesting this proposal subject to a modification of the condition recommended by staff. Staff
supports the amended conditions.
CONDITIONS
1. The plan titled "Brandermill: Open Space and County-Owned Property" dated
June 14, 2007, and the chart titled "Brandermill Residential Communities Open
Space Calculations" dated May 7, 2007, shall be considered the Master Plan.
Park areas and open space areas shall be provided as specifically identified in
these documents, provided however that the amount of park area and open space
and the location of park area and open space may be modified to conform with
park area and open space designations in recorded plats that have been approved
by the county as of October 24, 2007. (P)
2. A minimum of912.9 acres shall be provided in park areas, open space, and country
club facilities, of which a maximum of 241.96 acres shall be contained within rights
of way. (P)
Providing a FIRST CHOICE community through excellence in public service
3. Park Areas and General Open Space
A. Uses permitted within park areas and open space shall be limited following:
1. Rights of way, as identified in condition 2 above
11. Naturally vegetated and landscaped ~~reas.
Iii. Active and passive recreational uses primarily serving the
surrounding residential community, including, but not limited to,
walking and biking paths, playgrounds, golf course, pools, tennis
courts, social, recreational, and community buildings, picnic shelters
and nature interpretative areas.
IV. Temporary activities and events such as art shows, annual
celebrations special outings that support the recreational nature of
open space. (P)
(Note: This condition supersedes Exhibit B, Section 1, Subsection f,
Paragraph A, Subparagraphs 1-7, Chart TII and Exhibit M of Case
74SN0021.)
4. Country Club:
A. The Country Club shall be restricted to tract 713.
B. Uses permitted on tract 713 shall be limited to the following:
1. Rights of way, as identified in condi1tion 2 above
11. Naturally vegetated and landscaped areas.
111. Active and passive recreational uses primarily serving the
surrounding residential community, including, but not limited to,
walking and biking paths, playgrourlds, pools, tennis courts, and golf
course area that is within the tract.
IV. Included within the country club: sodal, recreational and community
buildings, pro shop, restaurant, child care facilities, exercise room
and associated lockers and showers. (P)
5. Any site plan for development to be located in tht~ areas governed by conditions 3
and 4 shall be submitted for review and approval by the Planning Commission. (P)
2
07SN0350-0CT24-BOS-ADD
(Note: This condition supersedes Exhibit B, Section 1, Subsection f,
Paragraph C, subparagraphs 1-12, Chart In and Exhibit M of Case
74SN0021.)
3
07SN0350-0CT24-BOS-ADD
June 19, 2007 CPC
August 21, 2007 CPC
September 26, 2007 BS
October 24, 2007 BS
STAFF’S
REQUEST ANALYSIS
AND
RECOMMENDATION
07SN0350
Chesterfield County Planning Commission
Clover Hill Magisterial District
North line of Hull Street Road, east and south of the Swift Creek Reservoir
REQUEST: AmendmenttoConditional Use Planned Development (Case 74SN0021) relative to
open space in the Brandermill Community.
PROPOSED LAND USE:
Brandermill is a mixed use community which includes residential, commercial,
office, public/semi-public and recreationaluses. Despite the project receiving the
appropriate site and subdivision plan approvals from the County,a recent evaluation
of the development revealed deficiencies in provisions of open space, as conditioned
by Case 74SN0021. This amendment wouldcorrect these deficiencies as well as
further limit uses permitted in this open space.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION ON PAGE 2 NOTED WITH
“CPC”.
STAFF RECOMMENDATION
Recommend approval subject to the Condition recommended by staff for the following reasons:
A.The Brandermill development, which began approximately thirty (30) years ago,
has had no apparent adverse impacts resulting from the reduction in open space.
B.The additional use limitations would insure that open space areas are devoted to
uses that best support the Brandermill community.
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C.The Brandermill Community Association Board has endorsed the recommended
condition.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY
A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A
"CPC" ARE ADDITIONAL CONDITIONSRECOMMENDED BY THE PLANNING
COMMISSION.)
CONDITION AS RECOMMENDED BY PLANNING COMMISSION
(CPC)Open Space
a.The plan titled “Brandermill: Proposed Open Space Requirements”
dated June 14, 2007, and the chart titled “Brandermill Residential
Communities Open Space Calculations” dated May 7, 2007, shall be
considered the Master Plan.
b.A minimum of 912.9 acres shall be provided in open space, of which
a maximum of 241.96 acres shall be contained within rights of way.
c.Uses permitted within this open space shall be limited to the
following:
i.Rights of way, as identified in “b”.
ii.Naturally vegetated and landscaped areas.
iii. Active andpassive recreational uses primarily serving the
surrounding residential community, including, but not limited
to, walking and biking paths,playgrounds, golf course, pools,
tennis courts, as well as those uses customarily accessory to
these recreational uses.
iv.Temporary activities and events such as art shows, annual
celebrations and special outingsthat support the recreational
nature of open space.
v.Country club facility, which may include the following
accessory uses within the facility to serve and support the
facility:
1. conference rooms
2. exercise rooms
3. restaurant
4. cocktaillounge
5.offices to provide sales, reception/information
centers for the exclusive use for sale/rental of
Brandermill property.
6.beauty and barber shop
7.clothing and sporting good sales (pro shop)
8.child care (P)
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(Note: Thisconditionsupersedes Exhibit B, Section 1, Subsection f, Chart III and Exhibit M of
Case 74SN0021 relative to open space, recreation and activity area provisions)
CONDITION AS RECOMMENDED BY STAFF
Open Space
a.The plan titled “Brandermill: Open Space and County-Owned Property” dated June
14, 2007, and the chart titled “Brandermill Residential Communities Open Space
Calculations” dated May 7, 2007, shall be considered the Master Plan. Open space
areas shall be provided as specifically identified in these documents, provided
however that the amount of open space and the location of open space may be
modified to conform with open space designations in recorded plats that have been
approved by the County as of October 24, 2007.
b.A minimum of 912.9 acres shall be provided in open space, of which a maximum of
241.96 acres shall be contained within rights of way.
c.Uses permitted withinthis open space shall belimited to the following:
i.Rights of way, as identified in “b”.
ii.Naturally vegetated and landscaped areas.
iii.Active and passive recreational uses primarily serving the surrounding
residential community, including, but not limited to, walking and biking
paths, playgrounds, golf course, country clubs restricted to tract 713, pools,
tennis courts, as well as those uses customarily accessory to such
recreational uses.
iv.Temporary activities and events such as art shows, annual celebrations and
special outings that support the recreational nature of open space.
d.Any site plan for development to be located in this open space shall be submitted for
review and approval by thePlanning Commission. (P)
(Note: Thisconditionsupersedes Exhibit B, Section 1, Subsection f, Chart III and Exhibit M of
Case 74SN0021 relative to open space, recreation and activity area provisions)
GENERAL INFORMATION
Location:
All properties located within the boundaries of the Brandermill Community, excluding
County-owned properties or commercial properties that do not pay dues to the Brandermill
Community Association for maintenance.
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Existing Zoning:
R-7, O-2, C-2 and C-3 with Conditional Use Planned Development
Size:
2251.5 acres
UTILITIES; ENVIRONMENTAL; AND PUBLIC FACILITIES
The proposed amendment will have no impact on these facilities.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Upper Swift Creek Plan, which suggests the propertyis
appropriate for single family residential of 2.0 dwelling units per acre or less; regional
mixed use; mixed use corridor; or conservation: open water uses.
Zoning History:
On May 8, 1974, the Board of Supervisors approved the rezoning of a 2,444-acre tract with
Conditional Use Planned Development to permita mix of residential,commercial and light
industrial uses (Case 74SN0021). This case established a minimum provision of open space
within this project, now known as the Brandermill Community. Specifically, “Chart III” of
Case 74SN0021 required a minimum of 981.41 acres devoted to open space and recreation
area. This acreage could be modified by no more than five (5) percent. Exhibit M of this
same case, titled “Brandermill Land Use Statistics”, demonstrated a 4.2 percent reduction in
the open space from the “ChartIII” acreage, providing 940.08 acres in open space to be
divided among roads, parks and recreation, golf and other uses.
On June 6, 2006, an application was filed by Commonwealth Golf Properties, LLC for
schematic plan approval to permit multifamily dwellings on six (6) acres occupied by the
Brandermill Country Club tennis courts (Case 06PS0428). Through their review of this
schematic, staff discovered that the Brandermill development was not in compliance with
conditions of Case 74SN0021 relative to the provision of open space, with a deficit of
approximately twenty-six (26) acres. As such, staff could not support the schematic
request to further reduce the open space.On September 15, 2006, the applicant requested
withdrawal of the schematic request.
On October 20, 2006, a Zoning Certificate was issued by the Director of Planning relative
to staff’s analysis of open space provisions in the Brandermill Community used in
preparation of Case 06PS0428. The Ordinance provides for an appeal of staff’s decision
to the Board of Zoning Appeals within thirty (30) days of the date of this Zoning
Certificate. This decision was not appealed.
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Given the County’s involvement in the approval of the Brandermill development, the
Planning Commission initiated the current application to correct this open space
deficiency and to clarify uses permitted within this open space.
Open Space Area:
Conditions of Case 74SN0021 require the provision of 940 acres of open space. Of this
total, approximately 242 acres is permitted in roads, eighty-four (84) acres in parks and
recreation, 146 acres in golf course and 468 acres in other open space areas (Exhibit M).
Staff’s evaluation of the current open space indicates the provision of 912.9 acres, with 312
acres in roads (with credit for 241.9 of these acres), 473.3 acres owned by the Brandermill
Community Association, 173.2 acres in golf course, and twenty-four and one-half (24.5)
acres as privately-owned (Reference “Brandermill Residential Communities Open Space
Calculations” and “Brandermill: Proposed Open Space Requirements”). As such, there is a
deficiency of approximately twenty-seven (27) acres of open space (Reference “Open Space
Comparison (Acres)” Chart). This amendment would establish a minimum open space
provision of 912.9 acres, consistent with the amount and locations of what is currently
provided. (Condition) (Reference “Open Space Use Comparison” chart)
Open Space Uses:
Currently, Case 74SN0021 permits open space areas to be used for a variety of active and
passive recreational uses and facilities; cultural and special community events; public
facilities, such as fire/rescuestations and schools; child care centers, nursery schools and
kindergartens in conjunction with schools; offices for the sale/rental of Brandermill real
estate; and limited retail uses such as a grocery store and restaurants (Exhibit B, Case
74SN0021). With the proposed reduction in open space,it is important to guarantee that
uses within the open space will continue to directly support the needs ofthe Brandermill
community. As such, approval of this amendment would limit the permitted uses within
open space to naturally vegetated and landscaped areas; active and passive recreational uses
primarily serving the surrounding residential community, including, but not limited to,
walking and biking paths, playgrounds, golfcourse, pools, tennis courts, as well as those
uses customarily accessory these recreational uses; and temporary activities and events such
as art shows, annual celebrations and special outings that support the recreational nature of
open space. (Condition) (Reference “Open Space Use Comparison” Chart)
CONCLUSION
The Brandermill development, which began approximately thirty (30) years ago, has had no
apparent adverse impacts resulting from the reduction in open space. Further, the additional use
limitations would insure that open space areas are devoted to uses that best support the
Brandermill community.
Given these considerations, approval of this request is recommended with the imposition of the
Condition noted with the annotation “Staff”.
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_____________________________________________________________________________
CASE HISTORY
_____________________________________________________________________________
Planning Commission Meeting (6/19/07):
The applicant accepted the recommendation. There was opposition and support present.
Concerns were expressed relative to maintaining the original acreage commitment for
open space and the potential impact of the request on Commonwealth Golf Properties.
Support was expressed relative to reconciliation of the open space deficiency;
documentation and preservation of existing open space; and clarification of open space
uses to benefit the community.
Mr. Gulley indicated that the Brandermill Neighborhood Residents Council (NRC) had
requested a meeting to better understand the open space analysis; that a misunderstanding
existed relative to the application taking away existing open space; and that a deferral
would allow for a community meeting to clarify the request.
The public hearing was closed.
On their own motion, the Commission deferred the decision to their August 21, 2007,
meeting.
______________________________________________________________________________
Staff (6/20/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than June 25, 2007, for consideration at the Commission’s
August 21, 2007, meeting.
______________________________________________________________________________
Area Property Owners and Staff (7/10/07):
A meeting was held to discuss this case. Discussion focused on the calculation and
location of open space and current and proposed limitations on the use of open space.
Concerns were expressed relative to maintaining existing open space areas and the
process by which any future modificationof open space regulations would occur.
______________________________________________________________________________
Property Owner, Staff and Clover Hill District Commissioner (7/17/07):
A meeting was held to discuss the impact of this request upon the golf properties. The
Condition was amended to clarify the country club facility as a permitted use (Item v).
______________________________________________________________________________
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Applicant (7/28/07):
To date, no new information has been submitted.
Planning Commission Meeting (8/21/07):
Mr. Gulley indicated that since the public hearing, he had met with Brandermill
representatives who had voiced their support of the proposal.
On motion of Mr. Gulley, seconded by Mr. Bass, the Commission recommended
approval subject to the condition on page 2.
AYES: Messrs. Gecker, Gulley Bass, Litton and Wilson.
Staff, Brandermill Community Association Board and Clover Hill District Supervisor (9/21/07):
A meeting was held to discuss the proposal. As s result of that meeting, Mr. Warren
requested that staff draft an amended condition to clarify that deviations from the open
space plan and calculations not be permitted; that the country club use be included under
item c.iii. with the other recreational uses and not listed as a separate use; and that any
site plans for uses in the open space be submitted to the Planning Commission for review
and approval.
Board of Supervisors’ Meeting (9/26/07):
On their own motion, the Board deferred this case to October 24, 2007, to allow
additional time to discuss the proposal with the Brandermill Community Association
Board (BCA).
Staff (10/17/07):
The BCA and Staff have agreed to an alternative condition outlining the open space
requirements.
The Board of Supervisors, on Wednesday, October 24, 2007, beginning at 6:30 p.m., will take
under consideration this request.
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Open Space Comparison
Acres
Original Zoning07SN0350
•912.9 Total
•940 Total
•241.9 Roads
242Roads
•173.2 Golf
•146 Golf
•0P & R
•84P & R
•0 Other
•468 Other
•473.3 BCA
•0 BCA
•24.5 Private
•0 Private
Uses
Original Zoning07SN0350
•Active/Passive Rec •Active/Passive Rec
•Community Events •Community Events
•Public Facilities •Natural/Landscaped
•Child Care/Nursery Areas
School/Kindergarten •Country Club
•Real Estate Office
•Limited Retail
07SN0350
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