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98SN0153.pdf.,,~,,.,o,,.s ,.~,, ~:,o CPC April 22, 1998 BS REQUEST ANALYSIS AND RECOMMENDATION 98SN0153 (Amended) T & N Development, L.L.C. and Dorothy Brown Midlothian Magisterial District Northwest quadrant of Robious and Old Bon Air Roads REQUEST: (Amended) Rezoning from Residential (R-7) and Corporate Office (0-2) to Corporate Office (0-2) with Conditional Use to pem~t a drag store/pharmacy, banks and savings and loan associations with or without a drive-through window and public address (outside intercom) systems. PROPOSED LAND USE: Office and commercial uses, as restricted by Proffered Condition 3, are planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITION ON PAGE 2 AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 8. STAFF RECOMMENDATION Recommend denial for the following reason: The Northern Area !,and Use and Transportation Plan suggests the property is appropriate for office use. While the 0-2 zoning conforms with the Plan, the requested commercial (drag store/pharmacy and banks and savings and loans) use exception does not. (NOTES: A. CONDITIONS MAY BE IMPOSED ON THE USES WHICH ARE SUBJECT TO THE CONDITIONAL USE OR THE PROPERTY OWNERS MAY PROFFER CONDITIONS. ONLY CONDITION THAT MAY BE IMPOSED ON THE REZONING IS A BUFFER CONDITION. THE PROPERTY OWNERS MAY PROFFER OTHER CONDITIONS. Co TEE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND T~ COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDI~ONS RECOMMENDED BY THE PLANNING COMMISSION.) (CPC) The Conditional Use for a drug store/pharmacy, banks and savings and loan associates, with or without a drive-through window and public address (outside intercom) systems shall be granted for as long as Proffered Condition 4 is complied with. (CPC) PROFFERED CONDITIONS The application contains one exhibit described as follows: Exhibit A - Parcel plan entitled "Conceptual Site Plan Proposed CVS Pharmacy, Chesterfield County" prepared by Yanasse Hangen Brustlin, Inc. ("VHB") dated October 8, 1997. Ali references herein identified as Parcels A, B, C, or D reference the parcels identified on Exhibit A. The use, density, size, and configuration of the buildings and site features shown on Exhibit A are for reference only and non- binding except as specified below. (CPC) 1. Utilities. Public water and wastewater systems shall be used. (CPC) Timbering. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering DeparUnent and the approved devices have been installed. 98SN0153/WP/APR22K (CPC) Uses. The following additional uses permitted on Parcel A shall be either: Drugstore/pharmacy with or without a drive-through window, or Banks and savings and loan associations with or without a drive- through window. The additional uses permitted on Parcel A shall be further restricted as follows: No outdoor sales. Buildings are limited to 11,000 gross square feet. The following uses are also permitted on Parcel A and restricted as follows: As accessory to permitted uses, intercom systems providing for two- way communication between a person within a building or kiosk and a pedestrian or operator of a motor vehicle and which are designed so as not to be audible to any property located in an A, R, R-TH or R~MF District; Accessory uses, not otherwise prohibited, customarily accessory and incidental to a permitted use. The following uses shall not be permitted on the Property: qo U. V. X. y. Z. Funeral homes or mortuaries. Convalescent homes, nursing homes and rest homes. Group care facilities. Propagation and cultivation of crops, flowers, trees and shrubs which are not offered for sale. Public and private forests, wildlife preserves and conservation areas. Medical clinics, provided that a substantial or significant portion of its practice is not performing abortions. Art school, gallery or museum. Hotels. Schools/colleges, public and private. Schools, business. Outdoor vending machines. The sale of alcoholic beverages. 3 98SN0153/WP/APR22K (CPC) Construction of Uses. Until certificates of completion have been issued for a building on Parcel B (within 300 feet of the Property line along Robious Road) and a building on Parcel C, no use exception permitted on Parcel A shall receive a final certificate of occupancy. Further, any temporary certificate of occupancy granted to any use exception on Parcel A shall not be extended or renewed beyond six (6) months from the date of its initial issuance unless certificates of completion have been issued for the other buildings noted above. Construction of the buildings referenced above may be simultaneous. (CPC) (CPC) (CPC) o Dedications. Prior to any site plan approval or upon request by the County, the following rights-of-way shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County: Thirty-five (35) feet of right,of-way measured from the centerline along the west line of Old Bon Air Road from Robious Road to the northern Property line; Forty-five (45) feet of right,Of-Way measured from the centerline of Robious Road from Old Bon Air Road to the western Property line; and Right-of-way and easements on the Property as indicated on the approved construction plans fOr the improvements to Robious Road (Project Number 0675-020'144, C-503). The exact location of these rights-of-way shall be approved by the Chesterfield County Transportation Department ("CDOT"). Access. Direct access to Old Bon Air Road shall be limited to one (1) entrance/exit located towards the nO~ern Property line. Direct access to Robious Road shall be limited to one (1) entrance/exit located towards the western Property line. The RobiOUS Road access shall be restricted to right-turns-in and right-m-out only. These accesses shall be as generally shown on Exhibit A; however, the exact location shall be determined by CDOT. Prior to site plan approval, a vehicular and pedestrian access easement acceptable to CDOT shall be recOrded across the Property to serve the adjacent parcel [GPIN 749-710-1111 (the "Brown parcel")]. Road Improvements. To provide an adequate roadway system at the time of complete development, the Developer shall be responsible for the 4 98SN0153/WP/APR22K following except as otherwise modified by CDOT. If any of the improvements are provided by others then the specific requirement shall be deemed satisfied. ao Construction of additional pavement along Old Bon Air Road at the approved access to provide left and right turn lanes, if warranted, based on CDOT standards; bo Construction of additional pavement along RObious Road at the approved access to provide a right turn lane, if warranted, based on CDOT standards; Co Construction of a raised median in Robious Road to restrict the Robious Road access to right-turns-in and right-turns-out. The exact location and length of this raised median shall be approved by CDOT and VDOT; do Full cost of traffic signal modifications at the Old Bon Air Road/Robious Road intersection, if warranted; eo Construction of a sidewalk along the west side of Old Bon Air Road for the entire frontage of parcels A, C and D. The exact location, width and material of the sidewalk shall be approved by CDOT; and Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above and subject to the following limitations: In the event the Developer is unable to acquire the right-of-way necessary for the road improvements as described above, the Developer may request, in writing, the County to acquire such right-of-way as a public road improvement. All costs associated with the acquisition of the right-of-way shall be borne by the Developer. In the event the County chooses not to assist the Developer in acquisition of the "off-site" fight-of-way, the Developer shall be relieved of the obligation to acquire the "off- site" fight-of-way, and only provide the said road improvement that can be accommodated within available right-of-way as determined by CDOT. 5 98SNO153/WP/APR22K (CPC) (CPC) (CPC) (CPC) (CPC) (CPC) 10. 11. 12. 13. Phasing Plan. Prior to any site plan approval a phasing plan for the required road improvements, as identified in Proffer 7 above, shall be submitted to, and approved by, CDOT. Drainage. The following improvements shall be made: Any facilities required for water quantity or quality control located within any setbacks along public rights-of-way shall be landscaped or otherwise improved so that the facilities become visual enhancements to and amenities for uses developed on the Property. At the time of site plan review, a plan depicting these requirements shall be submitted to the Planning Department for review and approval. bo If any runoff from impervious areas drains to the outfall pipe between Lots 12 and 13 of Bon Air Forest, Section A, the Developer shall clean and remove debris and trees which are located in the swale bordering the western property line of GPIN 749-710- 3129 prior to connecting to such outfall pipes. Existing Structure(s). The exiSting structure on Parcel D shall be demolished prior to or in conjunction with the issuance of the fn'st building permit for the Property. Hours of Operation. No use on parcel A shall be opened to the public between 10:00 p.m. and 7:00 a.m: In addition, no loading, deliveries, regular maintenance, or servicing of solid waste storage areas shall occur on the Property between the hours of 9:00 p.m. and 7:00 a.m. No deliveries shall be permitted on Sunday. ~. Any freestanding lighting fixtures located on the Property shall not exceed a height of twenty (20) feet. Buffers. A 75' buffer shall be provided along the northern boundary of Parcel D except where encroachments are necessary for easements running perpendicular to the buffer. Such buffer shall remain in place for as long the adjacent GPIN number 749-7104345 (the "Winston parcel") remains zoned for residential uses. A six (6) foot high fence shall be provided and maintained within the required buffer along the western boundary of Parcel B adjacent to GPIN 749-710-1111 (the "Brown parcel')~ the northern boundary of Parcel D adjacent to GPIN number 749-710-4345 (the "Winston parcel"), and the 98SN0153/WP/APR22K (CPC) (CPC) (CPC) 14. 15. 16. western and southern boundaries of Parcel D adjacent to Bon Air Forest and GPIN 749-710-0114 and 749-710-1111. The exact treatment of this fence shall be approved at site plan review. Landscaping shall be provided on both sides of the fence. The fence and landscaping may be breached to accommodate the access easement referenced in Proffer 6 above. In addition, such fence and landscaping may be removed at the specific locations if and when the adjacent parcels are no longer zoned or used for residential proposes. Plans depicting these requirements shall be submitted to the Planning Department for review and approval in conjunction with site plan submittal. Architectural Design. All buildings on the Property shall be Colonial or Victorian in style and be compatible in architectural treatments, colors, and materials. All buildings on the Property shall be limited to one-and-a-half stories in height or 28 feet, whichever is less. Signage. All signage shall comply with the requirements of the Zoning Ordinance. Development Standards Waivers or variances from the signage requirements of the Zoning Ordinance shall not alter this condition. Signage shall be further restricted as follows: ao No freestanding signage, including advertisement on the project identification sign shall be permitted for the uses listed in proffer 3a. and 3b. bo No reader-boards, window signs, or exposed neon shall be permitted on the Property. Co Except for the project identification sign, all other permitted freestanding signs shall meet the Village standards. NOTE: The project identification sign is limited by the Zoning Ordinance to 50 square feet and 15 feet high (as measured from the normal f'mished grade). do Except for the project identification sign, no freestanding sign shall be placed in any building setback required by the Zoning Ordinance. Site Plans. Site plans shall be submitted to the Planning Commission for review and approval. 7 98SN0153/WP/APR22K (CPC) 17. Severability. Except for proffer 4, the unenforceability, illegality, elimination, revision or amendment of any proffer set forth herein, in whole or in part, shall not affect the validity or enforceability of the other proffers or the unaffected part of any such proffer. GENERAL INFORMATION Northwest quadrant of the intersection of Robious and Old Bon Air Roads. 709-1085 and 2781 and 749-710-3129 (Sheet 8). Existing Zoning: R-7 and 0-2 Size: 6.2 acres Existing Land Use: Vacant (uninhabited dwelling) Adjacent Zoning & Land Use: North - R-7; Single-family residential South - C-3 and C-3 with Conditional Use; Commercial East - C-3; Commercial West - R-7; Single-family residential GPIN 749- Public Water System: There is an existing eight (8) inch water line extending along the south side of Robious Road, adjacent to the request site. In addition, there is an existing eight (8) inch water line in Old Bon Air Road, adjacent to the northeast comer of the request site. Use of the public water system is intended and has been proffered. (Proffered Condition 1) 8 98SN0153/WP/APR22K Public Wastewater System: There is an existing eight (8) inch wastewater collector extending along Huntersdell Terrace, in Bon Air Forest, Sec. A, approximately 150 feet west of the request site. Use of the public wastewater system is intended and has been proffered. (Proffered Condition 1) The necessary wastewater line extension is to be designed as deep as possible so as to ultimately provide service to adjacent properties. This will be addressed during site plan review. Additional on-site easements for future extensions to adjacent properties may be requested at that time. ENVIRONMENTAL Drainage and Erosion: Site is very flat and drains in several directions. All runoff eventually drains under Robious Road and then, via storm sewers, to Pocoshock Creek. Due to the flatness of the area, water stands on the rear of several lots which front along Huntersdell Terrace in Bon Air Forest Subdivision to the west of the subject property. There are no erosion problems anticipated based on the proposed use, but if drainage is not redirected to Robious Road or improvements made to the existing ditch the quantity of standing water will increase. (Proffered Condition 9.b.). It may be necessary to obtain offsite easements and make improvement to control runoff from increased development. The applicants have proffered that, with the exception of timbering to remove dead or diseased trees which has been approved by the Department of Forestry, there will be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department (Proffered Condition 2). This will ensure that proper erosion control measures are in place prior to any timbering and related land disturbance. Water Ouality: The applicants have agreed that any facilities for water quantity or quality control would be landscaped or improved so as to become visual enhancements and amenities to any development on the property. (Proffered Condition 9.a.) 9 98SN0153/WP/APR22K PUBLIC FACILITIES Fire Service: The Public Facilities Plan indicates that Emergency Services calls are expected to increase forty-five (45) percent by the year 2015. Eight (8) new fire/rescue stations are recommended for construction by the year 2015 in the Public Facilities Plan. This property is currently served by the Bon Air Fire/Rescue Station, Company Number 4 and Forest View Rescue Squad. When the property is developed, the number of hydrants and quantity of water needed for fire protection will be evaluated during the plans review process. Also, the need for fire lanes will be determined during the review of the aforementioned plans. This request will not limit development to a specific land use; therefore, it is difficult to anticipate traffic generation. Based on drug store with drive through window and general office trip rates, development could generate approximately 1,550 average daily trips. These vehicles will be distributed along Old Bon Air Road and Robious Road which had 1997 traffic counts of 10,976 and 19,398 vehicles per day, respectively. The Six Year Secondary Road Improvement Program includes a project to widen Robious Road to a four lane divided facility from Route 60 to Huguenot Park. Right-of-way acquisition for this project is anticipated to begin in Spring 1998 and construction is anticipated to begin in Spring 2000. The Thoroughfare Plan identifies Old Bon Air Road as a collector road with a recommended right-of-way width of seventy (70) feet. The Plan also identifies Robious Road as a major arterial with a recommended right-of-way width of ninety (90) feet. The applicants have proffered to dedicate thirty-five (35) feet of right-of-way measured from the centerline of Old Bon Air Road, forty-five (45) feet of right of way measured from the centerline of Robious Road, and any additional right-of-way as identified on the approved construction plans for the Robious Road widening project. 0~roffered Condition 5) Development must adhere to the Development Standards Manual in the Zoning Ordinance, relative to access and internal circulation ~ivision 5). Access to collectors, such as Old Bon Air Road, and to major arterials, such as Robious Road, should be controlled. Due to development that has occurred in the area, especially along Old Bon Air Road, it is difficult to develop an ideal access plan for the property. The best access plan for the property, as proffered by the applicant, will limit direct access to Old Bon Air Road and Robious Road to one (1) entrance/exit onto each roadway (Proffered Condition 6). The proffer requires that an access easement be recorded across the property to ensure shared use of both of these 10 98SN0153/WP/APR22K accesses with the adjacent property to the west. The Robious Road access will be limited to right turns in and right tums out only. Road improvements must be provided to mitigate the traffic impact of this development. The applicants have proffered to; 1) construct additional pavement along Old Bon Air Road to provide left and right mm lanes; 2) construct additional pavement along Robious Road to provide a right mm lane; 3) construct a raised median on Robious Road to restrict the Robious Road access to right turns in and right turns out only; and 4) provide full cost of traffic signal modifications at the Old Bon Air Road/Robious Road intersection (Proffered Condition 7). Constructing the road improvements along Old Bon Air Road must not alter any lane geometrics or storage lengths at the Old Bon Air Road/Robious Road intersection. In order to construct the proffered road improvements, "off-site" fight-of-way may be necessary. If the developer is unable to acquire the off-site right-of-way necessary for these road improvements, the proffer allows the developer to request the County to acquire such right-of-way as a public road improvement. All costs associated with the right-of-way acquisition will be borne by the developer. In the event the County chooses not to assist the developer in acquiring the off-site right-of-way, the developer will be relieved of the obligation to acquire the off-site right-of-way and will only be required to provide the road improvements that can be accommodated within available right-of-way. Exhibit A was submitted with this request. A right mm lane along Robious Road is shown on the Exhibit with a note that describes the dimension of that mm lane (i.e. 100 foot mm lane and 100 foot taper). The required storage lane length for this right mm lane may need to be greater than noted on the Exhibit. The design of the parking lot on Parcel C and the location of the Old Bon Air Road access, could cause vehicle conflicts that affect traffic traveling along Old Bon Air Road. The Exhibit notes that all improvements shown are conceptual only. At time of site plan review, specific recommendations will be provided regarding access, internal circulation and design of the proffered road improvements. Comprehensive Plan: Lies within the boundaries of the Northern Area Land Use and Transportation Plan which suggests the property is appropriate for office use. Area Development Trends: Adjacent properties to the north and west are zoned and developed for single-family residential use, while adjacent properties to the south and east are zoned and developed for commercial uses. The Plan anticipates continued residential development to the north and west of the subject property. 11 98SN0153/WP/APR22K On April 28, 1976, the Board of Supervisors, upon a favorable recoinmendation from the Planning Commission, approved the rezoning to Office Business (O) on a portion of the request property. (Case 76S047) On September 28, 1977, the Board of Supervisors approved an amendment to Case 76S047 to allow parking to encroach into a required buffer on a portion of the request property. (Case 77S100) The request property lies within a Post Development Area. Redevelopment of the site or new construction must conform to the requirements of the Development Standards Manual which address access, parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities, and screening of dumpsters and loading areas. It is the intent to develop the northern and western part of the property for those uses permitted in the Corporate Office (0-2) District and to allow use exception such as a pharmacy to be developed at the corner of Robious and Old Bon Air Roads (proffered Condition 3). Uses permitted in Corporate Office Districts include a multitude of uses such as professional/business offices to funeral homes, medical clinics, etc. The applicants have agreed to restrict the uses that could be developed on the Property. (Proffered Condition 3. m-z) There is an existing structure located on the northernmost portion of the request property. In response to neighborhood concerns, the applicants have agreed to demolish this structure prior to or in conjunction with the issuance of the first building permit on the property. (Proffered Condition 10) The applicants have agreed to submit site plans to the Planning Commission for review and approval. (Proffered Condition 16) In conjunction with this request the applicants have agreed that all signage will comply with the requirements of the Zoning Ordinance except as further restricted by Proffered Condition 15 and that Development Standards Waivers nor Variances from signage requirements would alter this condition (Proffered Condition 15). Freestanding, reader boards, windows and neon signs, as well as sign setbacks have also been restricted by proffered conditions. Also, Proffered Condition 15 requires that all freestanding signs, except the project identification sign, comply with Village standards. 12 98SN0153/WP/APR22K Public Address (Intercom) Systems: A Conditional Use has been requested to allow intercom type systems as accessory to permitted uses (Proffered Condition 3.c.). The proffer is consistent with the recently adopted Ordinance Amendment regarding such systems. Construction of Uses: The applicants have submitted a proffered condition which would require the issuance of certificates of completion for a building located with 300 feet of the property line along Robious Road on Parcel B and a building on ParCel C prior to the issuance of a f'mal certificate of occupancy for any use exception permitted on Parcel A (Proffered Condition 4). A certificate of completion requires the exterior of the structure to be completed, but not the interior. At such time that the interior of the building is completed, individual tenants then seek Certificates of Occupancy. The proffered condition further states that any temporary certificate of occupancy granted for a use exception on Parcel A will not be extended or renewed beyond six (6) months from the date of the initial issuance unless certificates of completion have been issued for the buildings on Parcels B and C, as discussed herein. The intent of this proffer is to have buildings in place adjacent to residential development prior to the of a final certificate of occupancy for any commercial uses on Parcel A. In addition, this condition attempts to preclude indefinite extensions of temporary certificates of occupancy for any commercial uses on Parcel A. This proffer would allow a temporary certificate of occupancy to be issued for a commercial use on Parcel A prior to the issuance of certificates of completion for uses on Parcels B and C. The Building Inspector's Office has indicated that once a temporary certificate of occupancy has been granted, it would be extremely difficult to revoke or not extend the certificate unless there are health, safety or welfare problemS, even though the condition would indicate that a certificate of completion on ParCels B and C would need to be issued within six (6) months of the certificate of occupanCy on Parcel A. Staff recommends that should the Commission and Board wish to approve this request, the proffer should be modified to require certificates of completion on Parcels B and C prior to the issuance of ally certificate of occupancy for any use exception. HQurs of Operation: The applicants have agreed to limit the hours that any use located on Parcel A can be open to the public (Proffered Condition 11). The prOffer further restricts the times of loading deliveries, solid waste servicing and Sunday deliveries. 13 98SN0153/WP/APR22K In addition to Ordinance requirements relative to foot candle limitations at the property line, the applicants have proffered that any freestanding lighting fixtures located on the Property would not exceed twenty (20) feet in height. (Proffered Condition 12) Architectural Treatment: Within Post Development Areas, no building exterior which would be visible to public rights of way can be constructed of unadorned concrete, block or corrugated and/or sheet metal. Mechanical equipment, whether ground-level or rooftop, must be shielded and screened from public rights of way. Redevelopment of the site or new construction must adhere to Post Development requirements. In addition to the above requirements, the applicants have agreed that all buildings on the Property shall be Colonial or Victorian in style and be compatible in architectural treatment, colors and material. (Proffered Condition 14) The applicants have agreed to limit the size of any drug store/pharmacy or bank and savings and loan association on Parcel A to 11,000 gross square feet (~offered Condition 3. ii.). Further, the applicants have agreed that all buildings will be limited to a height of one and one-half stories or twenty-eight (28) feet, whichever is less. (Proffered Condition 14) Buffers & Screening: The Development Standards Manual 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. It should be noted that the applicants have agreed to a further limitation that solid waste storage areas would not be serviced between the hours of 9:00 p.m. and 7:00 a.m. (Proffered Condition 11). 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 property to the north and west is zoned Residential (R-7) and is occupied by single family residences. The Development Standards Manual requires a minimum fifty (50) foot buffer along the northern, western and a portion of the southern property boundaries of the request site. The applicants have further agreed to increase the buffer along the northern property boundary to seventy-five (75) feet. (Proffered Condition 13) 14 98SN0153/WP/APR22K At the time of site plan review, the Planning Commission may modify this buffer under certain circumstances. In addition, should adjacent residential property be zoned or utilized for a non-residential use in the future the buffer can be further reduced or eliminated. The applicants have also agreed to provide a fence within this required buffer 0~roffered Condition 13). The proffer would eliminate the need for a fence should adjacent property be zoned or utilized for a non-residential use. CONCLUSIONS The Northern Area Land Use and Transportation Plan suggests the property is appropriate for office use. While the 0-2 zoning conforms with the Plan the requested commemial use exceptions do not. Further, as currently styled, the Proffered Conditions do not provide sufficient guarantees relative to transition. Therefore, staff recommends denial of this request. CASE HISTORY Planning Commission Meeting (1/20/98): On their own motion, the Commission deferred this case to February 17, 1998. Staff (1/21/98): The applicants were advised in writing that any significant new or revised information should be submitted no later than January 27, 1998 for consideration at the Commission's February 17, 1998 public hearing. Applicants (2/6/98): The applicants submitted revised proffered conditions, as discussed herein. Planning Commission Meeting (2/17/98): At the request of the applicams, the Commission deferred this case to March 17, 1998. 15 98SN0153/WP/APR22K 'Staff (2/18/98): The applicants were advised in writing that any significant new or revised information should be submitted no later than February 23, 1998, for consideration at the Commission's March 17, 1998, public hearing. Also, the applicants were advised that a $250.00 deferral fee must be paid prior to the Commission's public hearing. Applicants (2/19/98): The applicants amended their application to delete the request for Conditional Use Planned Development for intercom systems and to ask for this Use through the Conditional Use. Applicants (2/20/98): The $250.00 deferral fee was paid. Applicants, Staff, Midlothian District Planning Commissioner and Area Citizens (2/23/98): A meeting was held to give the applicants an opportunity to address concerns of area citizens. Applicants (3/5/98): Revised proffered conditions were submitted. Applicants (3/16/98): Revised Proffered Conditions 4, 14, 15 and 17 were submitted. Planning Commission Meeting (3/17/98): The applicants accepted the recommendation. There was support present. There was also opposition who expressed concerns relative to commercial encroachment and the impact of the development on the ability of the adjacent property owner to the west to access Robious Road. 16 98SN0153/WP/APR22K Mr. Shewmake indicated that the proffered conditions require that transitional uses be located on the northern and western portions of the property, thereby addressing the spirit and intent of the adopted Plan with respect to the office land use designation. He further stated that many of the proffers were offered to respond to residents' concerns. Mr. Shewmake suggested imposition of a condition which would grant the Conditional Use aspect only so long as the transitional uses have received at least a certificate of completion. On motion of Mr. Shewmake, seconded by Mr. Marsh, the Commission recommended approval of this request subject to the condition on page 2 and acceptance of the proffered conditions on pages 2 through 8. AYES: Unanimous. The Board of Supervisors, on Wednesday, April 22, 1998, beginning at 7:00 p.m., will take under consideration this request. 17 98SNO15 3 /WP/ APR22K o O, o o -h ° ~OI53(AMENDED) Z: R-7 8~ 0-2 TO 0-2 WITH C.U. iH, 8 t If jl CONCEPTUAL SITE PLAN 1 ~t85N0155' 98SN0153 (Amended) In Midlothian Magisterial District, T & N DEVELOPMENT, L. L. C. AND DOROTHY BROWN requested rezoning and amendment of zoning district map from Residential (R-7) and Corporate Office (0-2) to Corporate Office (0-2) with Conditional Use to permit a drug store/pharmacy and banks and savings and loan associations with or without a drive-through window and to permit outside intercom systems. Office and commercial uses are planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office use. This request lies on 6.2 acres fronting approximately 350 feet on the north line of Robious Road, also fronting approximately 690 feet on Old Bon Air Road and located in the northwest quadrant of the intersection of these roads. GPIN 749-709-1085 and 2781 and 749-710-3129 (Sheet 8). Mr. Poole presented a summary of Case 98SN0153 and stated that the Planning Commission recommends approval, subject to one condition and acceptance of the proffered conditions and that staff had recommended denial. He stated that an addendum was received by the applicant today that would modify Proffered Condition 13, as recommended by the Planning Commission. He further stated that if the Board wishes to consider the amended proffered condition, it will have to suspend its rules at this time. He noted that the Northern Area Land Use and Transportation Plan suggests the property is appropriate for office use. Ms. Gloria Frye, representing the applicant, stated that the recommendation is acceptable. She expressed appreciation to the neighbors of Bon Air Forest and Settlers Landing and the congregation at Mount Nebo Church for their efforts in working with the applicant in addressing any concerns. She also expressed appreciation to County staff, Mr. Barber, and Mr. William Shewmake, Midlothian District Planning Commissioner, for their efforts. She requested the Board suspend its rules to consider revised Proffered Condition 13. Mr. Richard Cook, a resident of Bon Air Forest, stated that originally the area communities had been opposed to the request, however, with the proposed proffers, Bon Air Forest and Settlers Landing Subdivisions are now supporting the request. He stated that he also personally supports the request. On motion of Mr. Barber, seconded by Mr. McHale, the Board suspended its rules at this time to consider the following revised proffered condition: 13. Buffers. A 75' buffer shall be provided along the northern boundary of Parcel D except where encroachments are necessary for easements running perpendicular to the buffer. A six (6) foot high fence shall be provided and maintained within the required buffer along the western boundary of Parcel B adjacent to GPIN 749-710-1111 (the ~Brown parcel"), the northern boundary of Parcel D adjacent to GPIN number 749-710-4345 (the ~Winston parcel"), and the western and southern boundaries of Parcel D adjacent to Bon Air Forest and GPIN 749-710-0114 and 749-710-1111. The exact treatment of this fence shall be approved at site plan review. Landscaping shall be provided on both sides of the fence. The fence and landscaping may be breached to accommodate the access easement referenced in Proffer 6 above. In addition, such fence and landscaping may be removed along the western boundary of Parcel B adjacent to GPIN 749-710- 1111 if and when GPIN 749-710-1111 is no longer used for residential purposes. Plans depicting these requirements shall be submitted to the Planning Department for review and approval in conjunction with site plan submittal. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. Mr. Barber briefly reviewed the revised Proffered Condition and stated that the buffer is located directly across from Mount Nebo Church and extends to the eastern boundary of Bon Air Forest Subdivision. He further stated that he feels new ground has been broken in zoning requests in the County. He expressed appreciation to the citizens for their input and to Mr. Shewmake for his tremendous efforts, specifically, for suggesting that office uses be constructed simultaneously with the retail uses on the site. Mr. Barber then made a motion, seconded by Mr. McHale, for the Board to approve Case 98SN0153, subject to the following condition: The Conditional Use for a drug store/pharmacy, banks and savings and loan associates, with or without a drive- through window and public address (outside intercom) systems shall be granted for as long as Proffered Condition 4 is complied with. (CPC) And, further, the Board accepted the following proffered conditions: The application contains one exhibit described as follows: Exhibit A - Parcel plan entitled ~Conceptual Site Plan Proposed CVS Pharmacy, Chesterfield County" prepared by Vanasse Hangen Brustlin, Inc. (~VHB") dated October 8, 1997. Ail references herein identified as Parcels A, B, C, or D reference the parcels identified on Exhibit A. The use, density, size, and configuration of the buildings and site features shown on Exhibit A are for reference only and non-binding except as specified below. 1. Utilities. used. Public water and wastewater systems shall be Timbering. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. Uses. Parcel The following additional uses permitted on shall be either: Drugstore/pharmacy with or without a drive-through window, or Banks and savings and loan associations with or without a drive-through window. The additional uses permitted on Parcel A shall be further restricted as follows: i. No outdoor sales. ii. Buildings are limited to 11,000 gross square feet. The following uses are also permitted on Parcel A and restricted as follows: As accessory to permitted uses, intercom systems providing for two-way communication between a person within a building or kiosk and a pedestrian or operator of a motor vehicle and which are designed so as not to be audible to any property located in an A, R, R-TH or R-MF District; Accessory uses, not otherwise prohibited, customarily accessory and incidental to a permitted use. The following uses shall not be permitted on the Property: m. Funeral homes or mortuaries. n. Convalescent homes, nursing homes and rest homes. o. Group care facilities. p. Propagation and cultivation of crops, flowers, trees and shrubs which are not offered for sale. q. Public and private forests, wildlife preserves and conservation areas. s. Medical clinics, provided that a substantial or significant portion of its practice is not performing abortions. t Art school, gallery or museum. u Hotels. v Schools/colleges, public and private. x Schools, business. y Outdoor vending machines. z The sale of alcoholic beverages. Construction of Uses. Until certificates of completion have been issued for a building on Parcel B (within 300 feet of the Property line along Robious Road) and a building on Parcel C, no use exception permitted on Parcel A shall receive a final certificate of occupancy. Further, any temporary certificate of occupancy granted to any use exception on Parcel A shall not be extended or renewed beyond six (6) months from the date of its initial issuance unless certificates of completion have been issued for the other buildings noted above. Construction of the buildings referenced above may be simultaneous. Dedications. Prior to any site plan approval or upon request by the County, the following rights-of-way shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County: Thirty-five (35) feet of right-of-way measured from the centerline along the west line of Old Bon Air Road from Robious Road to the northern Property line; Forty-five (45) feet of right-of-way measured from the centerline of Robious Road from Old Bon Air Road to the western Property line; and Right-of-way and easements on the Property as indicated on the approved construction plans for the improvements to Robious Road (Project Number 0675- 020-144, C-503) . The exact location of these rights-of-way shall be approved by the Chesterfield County Transportation Department (~CDOT"). Access. Direct access to Old Bon Air Road shall be limited to one (1) entrance/exit located towards the northern Property line. Direct access to Robious Road shall be limited to one (1) entrance/exit located towards the western Property line. The Robious Road access shall be restricted to right-turns-in and right-turns-out only. These accesses shall be as generally shown on Exhibit A; however, the exact location shall be determined by CDOT. Prior to site plan approval, a vehicular and pedestrian access easement acceptable to CDOT shall be recorded across the Property to serve the adjacent parcel [GPIN 749-710-1111 (the ~Brown parcel")]. 7. Road Improvements. To provide an adequate roadway system at the time of complete development, the Developer shall be responsible for the following except as otherwise modified by CDOT. If any of the improvements are provided by others then the specific requirement shall be deemed satisfied. Construction of additional pavement along Old Bon Air Road at the approved access to provide left and right turn lanes, if warranted, based on CDOT standards; b o Construction of additional pavement along Robious Road at the approved access to provide a right turn lane, if warranted, based on CDOT standards; C · Construction of a raised median in Robious Road to restrict the Robious Road access to right-turns-in and right-turns-out. The exact location and length of this raised median shall be approved by CDOT and VDOT; do Full cost of traffic signal modifications at the Old Bon Air Road/Robious Road intersection, if warranted; Construction of a sidewalk along the west side of Old Bon Air Road for the entire frontage of Parcels A, C and D. The exact location, width and material of the sidewalk shall be approved by CDOT; and f o Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above and subject to the following limitations: In the event the Developer is unable to acquire the right-of-way necessary for the road improvements as described above, the Developer may request, in writing, the County to acquire such right-of-way as a public road improvement. Ail costs associated with the acquisition of the right-of-way shall be borne by the Developer. In the event the County chooses not to assist the Developer in acquisition of the "off-site" right-of-way, the Developer shall be relieved of the obligation to acquire the "off- site" right-of-way, and only provide the said road improvement that can be accommodated within available right-of-way as determined by CDOT. 10. 11. 12. 13. Phasing Plan. Prior to any site plan approval a phasing plan for the required road improvements, as identified in Proffer 7 above, shall be submitted to, and approved by, CDOT. Drainage. The following improvements shall be made: Any facilities required for water quantity or quality control located within any setbacks along public rights-of-way shall be landscaped or otherwise improved so that the facilities become visual enhancements to and amenities for uses developed on the Property. At the time of site plan review, a plan depicting these requirements shall be submitted to the Planning Department for review and approval. If any runoff from impervious areas drains to the outfall pipe between Lots 12 and 13 of Bon Air Forest, Section A, the Developer shall clean and remove debris and trees which are located in the swale bordering the western property line of GPIN 749-710-3129 prior to connecting to such outfall pipes. Existing Structure(s). The existing structure on Parcel D shall be demolished prior to or in conjunction with the issuance of the first building permit for the Property. Hours of Operation. No use on Parcel A shall be opened to the public between 10:00 p.m. and 7:00 a.m. In addition, no loading, deliveries, regular maintenance, or servicing of solid waste storage areas shall occur on the Property between the hours of 9:00 p.m. and 7:00 a.m. No deliveries shall be permitted on Sunday. Lighting. Any freestanding lighting fixtures located on the Property shall not exceed a height of twenty (20) feet. Buffers. A 75' buffer shall be provided along the northern boundary of Parcel D except where encroachments are necessary for easements running perpendicular to the buffer. A six (6) foot high fence shall be provided and maintained within the required buffer along the western boundary of Parcel B adjacent to GPIN 749-710-1111 (the 14. 15. ~Brown parcel"), the northern boundary of Parcel D adjacent to GPIN number 749-710-4345 (the ~Winston parcel"), and the western and southern boundaries of Parcel D adjacent to Bon Air Forest and GPIN 749-710-0114 and 749-710-1111. The exact treatment of this fence shall be approved at site plan review. Landscaping shall be provided on both sides of the fence. The fence and landscaping may be breached to accommodate the access easement referenced in Proffer 6 above. In addition, such fence and landscaping may be removed along the western boundary of Parcel B adjacent to GPIN 749-710- 1111 if and when GPIN 749-710-1111 is no longer used for residential purposes. Plans depicting these requirements shall be submitted to the Planning Department for review and approval in conjunction with site plan submittal. Architectural Desiqn. All buildings on the Property shall be Colonial or Victorian in style and be compatible in architectural treatments, colors, and materials. Ail buildings on the Property shall be limited to one-and-a- half stories in height or 28 feet, whichever is less. Signage. Ail signage shall comply with the requirements of the Zoning Ordinance. Development Standards Waivers or variances from the signage requirements of the Zoning Ordinance shall not alter this condition. Signage shall be further restricted as follows: No freestanding signage, including advertisement on the project identification sign shall be permitted for the uses listed in proffer 3a. and 3b. b o No reader-boards, window signs, or exposed neon shall be permitted on the Property. C · Except for the project identification sign, all other permitted freestanding signs shall meet the Village standards. NOTE: The project identification sign is limited by the Zoning Ordinance to 50 square feet and 15 feet high (as measured from the normal finished grade). do Except for the project identification sign, no freestanding sign shall be placed in any building setback required by the Zoning Ordinance. 16. 17. Site Plans. Site plans shall be submitted to the Planning Commission for review and approval. Severability. Except for proffer 4, the unenforceability, illegality, elimination, revision or amendment of any proffer set forth herein, in whole or in part, shall not affect the validity or enforceability of the other proffers or the unaffected part of any such proffer. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None.