98SN0137.pdfFebruary 25, 1998 BS
ADDENDUM
98SN0137
Faison Capital Development, Inc.
Matoaca Magisterial District
Southwest quadrant of Route 288 and Hull Street Road
REQUEST:
Rezoning from Corporate Office (0-2) and Light Industrial (I-1) to Regional
Business (C-4), with Conditional Use to permit outside storage and continuous
outside display. Outside storage and continuous outside display are permitted with
certain restrictions in the C-4 District. These uses are Conditional Uses, in C4
Districts if the restrictions are not to be met. The applicant wishes to be allowed
outside storage areas in excess of ten (10) percent of the gross floor area of the
principal use, and to be allowed a maximum of 10,000 square feet of continuous
outside display areas on uncovered pedestrian ways.
Following a detailed review of the proffered conditions, the County Attorney's Office requested
revisions to Proffered Conditions 26 and 28 to comply with State law. The revisions do not
change the spirit and intent of the proffered condition, as recommended by the Planning
Commission. In response, the applicants submitted revisions as outlined herein.
Therefore, staff recommends that the following revised Proffered Conditions 26 and 28 be
accepted in lieu of those outlined in the "Request Analysis."
PROFFE~D CONDITIONS
26.
The Applicant shall pay an additional sum as described in this condition, in cash, to assist
in constructing future road improvements, in accordance with the County's Capital
Improvement Program, to the Hull Street Road corridor in the vicinity of the Property.
This contribution is necessary to address the impact created within the service district by
this project. The total cash contribution shall be $550,000.
At the time designated below, for facilities identified in the County's Capital Improvement
Program, the Applicant shall make the following cash payments to the County of
Chesterfield:
Upon the first to occur of (i) thirty (30) days after the approval of any final site
plan on the Property, or (ii) December 31, 1998, the Applicant shall make a cash
payment of $250,000; and
28.
Upon the fn:st to occur of (i) thirty (30) days after the issuance of any building
permit on the Property, or (ii) June 30, 1999, the Applicant shall make a cash
payment of $300,000.
If the amounts described above are not expended for the purposes designated within fifteen
years from the date of payment, they shall be returned in full to the payor.
All building mounted business idemification signs located on the rear of the buildings shall
conform to the Zoning Ordinance requirements. No Development Standards Waiver or
variance for the business identification signs located on the rear of the buildings shall alter
this condition.
98SN0137/WP/FEB25GG
February 25, 1998 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
98SN0137
Faison Capital Developmem, Inc.
Matoaca Magisterial District
Southwest quadrata of Route 288 and Hull Street Road
REQUEST:
Rezoning from Corporate Office (0-2) and Light Industrial (I-1) to Regional
Business (C-4), with Conditional Use to permit outside storage and continuous
outside display. Outside storage and continuous outside display are permitted with
certain restrictions in the C4 District. These uses are Conditional Uses, in C4
Districts if the restrictions are not to be met. The applicant wishes to be allowed
outside storage areas in excess of ten (10) percent of the gross floor area of the
principal use, and to be allowed a maximum of 10,000 square feet of continuous
outside display areas on uncovered pedestrian ways.
PROPOSED LAND USE:
Commercial uses are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 9.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
The proposed zoning and land uses conform to the P0white/Route 288
Development Area Land Use and Transportation Plan which suggests the request
property is appropriate for regional mixed use.
The proffered conditions, together with the requirements of the Zoning Ordinance
and Development Standards Manual, ensure compatibility with area development.
(NOTES:
CONDITIONS MAY BE IMPOSED ON THE CONDITIONAL USE
PORTION OF THE REQUEST (OUTSIDE STORAGE AND
CONTINUOUS OUTSIDE DISPLAY) OR THE PROPERTY OWNER
MAY PROFFER CONDITIONS.
THE ONLY CONDITION THAT MAY BE IMPOSED ON THE
REZONING PORTION OF THE REQUEST IS A BUFFER CONDI~ON.
THE PROPERTY OWNERS MAY PROFFER OTHER CONDITIONS.
Co
THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED
UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS
WITH ONLY A "STAFF" ARE RECOMMENDED SOLEI.Y BY STAFF.
CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL
CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
The application contains two exhibits described as follows:
Exhibit A -
Commonwealth Centre Design Guidelines (the "Guidelines") prepared by Rounds
VanDuzer Cowie Architects.
Exhibit B -
Plan titled "Commonwealth Centre, Conceptual Site Plan, MSP 6A" prepared by
Vanasse Hangen Brustlin, Inc. (the "VHB Site Plan") and dated November 11,
1997 and last revised 1/9/98.
(STAFF/CPC)
1. Public water and wastewater systems shall be used.
(STAFF/CPC)
In conjunction with the first site plan submitted on the Property, an
updated overall water and wastewater plan for the development shall
be submitted for approval to the Utilities Department Development
Section. Data to be included with this plan include a computer
generated water analysis reflecting the "build out" based on fire
flows deemed appropriate by Fire Administration and other
information as may be deemed appropriate by the Utilities
Department and needed to analyze the overall water and wastewater
plan.
(STAFF/CPC)
o
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.
2
98SN0137/WP/FEB25G
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
The Applicant (hereinafter the "Applicant" including their
successors or assigns) shall be responsible for notifying, in writing,
of the submission of site plans to Chesterfield County to the
following: (i) the Community Manager of the Brandermill
Community Association (the "BCA'); and (ii) the last known
president or representative on File with the County Planning
Department for the civic associations of Harbour Green, Ashbrook,
and Deer Run. Such notification shall occur no later than twenty-
one (21) days prior to approval or disapproval of the site plan. The
Applicant shall provide a copy of the notification letter to the
Planning Department.
Prior to or in conjunction with site plan approval on the Destination
Center portion of the Property and prior to or in conjunction with
site plan approval on the Community Center portion of the Property
(as shown on Exhibit B), the Applicant shall prepare and record
restrictive covenants (the "Covenants") with respect to each portion
of the Property that provide for review of the architectural treatment
of the buildings by an architectural control committee (the "ARC").
Review by the ARC shall be outlined in the Covenants. The
recorded Covenants shall incorporate a copy of the Commonwealth
Centre Design Guidelines (the "Guidelines") attached as ~.
These Guidelines shall not be changed for a period of ten (10) years
from the date of the issuance of the fh'st building permit on the
Property. Notice of the ARC's approval shall accompany plans
submitted to the County for building permit approval.
The ARC shall include, in addition to the Applicant's
representatives and property owners, one member from the
Branderrnill community selected by the Board of the BCA and one
member from Ashbrook selected by the Ashbrook Community
Association.
All buildings constructed on the Property shall be compatible in
architectural style, materials, colors and details. Franchise-type
out-parcel buildings shall also be compatible in the architectural
style, materials, colors and details which predominate on the
Property.
Uses permitted shall be those uses pema. itted by-right and those
permitted with resU~ctions and accessory uses in the C4 District
except that the following uSes shall not be permitted:
3 98SN0137/WP/FEB25G
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
10.
11.
go
Dry cleaning plants
Funeral homes or mortuaries
Golf courses
Material reclamation receiving centers
Moving companies
One temporary mobile home as del'reed in the I-1 section of
the ordinance for uses permitted with certain restrictions
Residential townhouse and multifamily
The following restricted uses are shall be further restricted as
follows:
do
Motor vehicle rentals if it is accessory to a permitted use.
Blending, mixing and compounding of manufactured goods
if it is accessory to a permitted use.
Uncovered continuous outdoor display if it:
i. is accessory to another use;
ii. limited to a total of 10,000 square feet of area on the
Property at any one time;
iii. and, the design, location, and treatment is approved
by the Planning Department at the time of site plan
review.
Prepared food and fruit and vegetable vendors or outdoor
Christmas tree sales subject to approval of the design,
location, and treatment by the Planning Department at the
time of site plan review.
And the following additional use shall be further restricted:
e. If permitted by conditional use, outdoor public address
systems as long as they are not audible at the Property line
of the Project.
For the area of the Property adjacent to Parcel 24 on Tax Map
Number 62-11(1)[GPIN 736-676-7068] shown on Exhibit B and
outside the area of the 100 year water surface elevation of the lake,
there shall be a one hundred (100) foot setback for all buildings,
inclusive of the buffer.
For the area of the Property adjacent to Parcel 24 on Tax Map
Number 62-11 (1) [GPIN 736-676-7068] and outside the area of the
100 year water surface elevation of the lake, there shall be a 35 foot
buffer provided along the property line as identified on Exhibit B.
The buffers may be graded and replanted or left in a natural state.
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98SN0137/WP/FEB25G
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
12.
13.
14.
15.
16.
Landscaping in the buffer shall be planted at 1.5 times the density
of perimeter landscaping C as outlined in the Development
Standards Manual.
For the area of the Property adjacem to Parcel 24 on Tax Map
Number 62-11(1)[GPIN 736-676-7068] shown on Exhibit B and
outside the area of the 100 year water surface elevation of the lake,
there shall be a 50 foot setback for parking lots and drive aisles,
inclusive of the buffer.
In order to protect the viewshed from the existing office building to
the Property, the Applicant shall provide additional landscaping,
architectural elements, and/or other features on or adjacent to the
improvements constructed on the Property. This area of protection
shall be identified as the area northwest of the lake adjacent to
Parcel 24 on Tax Map Number 62-11 (1) [GPIN 736-676-7068]
beginning at a point on the Property line adjacent to Route 288 and
extending towards Commonwealth Centre Parkway for a distance of
approximately five hundred (500) feet as shown on ~.
Features in this area may consist of planted or naturally vegetated
areas, landscaped berms, decorative fencing or walls, or building
architectural elements, including the wall of the buildings and/or
garden centers, or a combination thereof.
An open plaza shall be provided by the Applicant. The plaza shall
be a minimum of 5,000 square feet in size and shall be linked to the
pedestrian network. The pUrPose of the plaza is to provide a
location for uses such as civic and community events, special
commercial events, cultural activities, or passive recreation. The
plaza area shall be designed with decorative paving, landscaping,
lighting or seating to accommodate such activities.
The pedestrian pathways shall include amenities such as benches,
trees and/or landscaping, decorative paving, benches and trash
containers.
Any open basins required for water quantity or quality control
located on the Property shall be designed as wet ponds and shall be
landscaped or otherwise improved so that the facilities become
visual enhancements to and amenities for the uses developed on the
Property. The landscaping plan for such ponds shall include
landscaping adjacent to the ponds as well as aquatic and sub-aquatic
plantings. At the time of site plan review, a plan depicting these
5 98SN0137/WP/FEB25G
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
17.
18.
19.
20.
21.
requirements shall be submitted to the Planning Department for
review and approval.
Freestanding business identification signs shall be monument style
signs. Except for logos or sign faces with copyright or trademark
protection or that are registered by the state corporation
commission, all business signs shall employ the same color selected
by the Applicant.
Traffic calming measures shall be used in critical locations to slow
traffic and protect pedestrian activity at the Destination Center and
the Community Center as approved by the Chesterfield County
Department of Transportation CCDOT"). The exact design and
locations shall be approved by CDOT.
Any lighting fixture mounting located on the Property shall not
exceed a height of thirty-five (35) feet.
The loading docks for any tractor-trailers shall be located so as to
minimize impact on Hunter Chase Apartments. The exact locations
shall be approved by the Planning Department at the time of site
plan review.
To provide an adequate roadway system, prior to the issuance of a
certificate of occupancy for any building on the Property, the
Applicant shall be responsible for substantially completing, as
determined by CDOT, the following improvements and rights-of-
way dedications. The Applicant shall thereafter diligently and
promptly complete such work. If any road improvement is provided
by others then that specific requirement set forth below shall be
deemed satisfied. The road improvements shall be as generally
shown on Exhibit B/the VHB Site Plan or any other plan approved
by CDOT which incorporates comparable improvements.
Design and construction of Commonwealth Centre Parkway
relocated ("Commonwealth Centre Parkway Relocated") as
a four (4) lane divided typical section from its intersection
with Hull Street Road to the eastern property line as
generally shown on the VHB Site Plan;
bo
Design and construction of an eight (8) lane typical section
[i.e. three (3) southbound lanes and five (5) northbound
lanes] for Commonwealth Centre Parkway Relocated at its
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98SN0137/WP/FEB25G
(STAFF/CPC)
22.
intersection with Hull Street Road as generally shown on the
VHB Site Plan;
Co
Design and construction of a new access acceptable to
CDOT from Hunter Chase Apartments to Commonwealth
Centre Parkway Relocated;
do
Design and construction of dual left mm lanes along
westbound lanes of Hull Street Road at the Commonwealth
Centre Parkway Relocated intersection;
eo
Design and installation of traffic signalization improvements
at the intersection of Hull Street Road and Commonwealth
Centre Parkway Relocated to accommodate the road
improvements specified in subparagraphs a. through d.
above; and
Dedication to Chesterfield County, free and unrestricted, of
any additional right-of-way (or easements) required for the
improvements identified above subject to the following
limitations:
In the event the Applicant is unable to acquire the right-of-
way necessary for the road improvements as described
above, the Applicant 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 Applicant. In the event the County
chooses not to assist the Applicant in acquisition of the "off-
site" right-of-way, the Applicant shall be relieved of the
obligation to acquire the "off-site" right-of-way, and only
provide the road improvemem that can be accommodated
within available right-of-way as determined by CDOT.
Prior to any site plan approval, or within sixty (60) days after a
request by the County, whichever first occurs, the following rights-
of-way shall be dedicated, free and unrestricted, to Chesterfield
County through the Property;
ao
Ninety (90) foot wide right-of-way for Commonwealth
Centre Parkway Relocated; and
7 98SN0137/WP/FEB25G
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
23.
24.
25.
bo
Ninety (90) foot wide right-of-way for the east/west major
arterial (the "Collector Stub RoadD.
To provide an adequate roadway system, the Applicant shall be
responsible for the following:
ao
Construction of approximately 500 linear feet of a two (2)
lane road for the Collector Stub Road from Commonwealth
Centre Parkway towards the western property line;
bo
Construction of additional pavement along Commonwealth
Centre Parkway Relocated and Collector Stub Road at each
approved access to provide left and right turn lanes, based
on CDOT standards;
Co
Exclusive of the requirement in 21.e. above, full cost of
traffic signal installation along Commonwealth Centre
Parkway Relocated and Collector Stub Road, if warranted
based on CDOT standards; and
do
Dedication to Chesterfield County, free and unrestricted, of
any additional right-of-way (or easements) required for the
improvements identified above.
Prior to any site plan approval, a phasing plan for the road
improvements identified in this proffer 23 shall be submitted to and
approved by CDOT.
For traffic planning purposes, the maximum density of the Property
shall be 650,000 square feet of shopping center, 55,000 square feet
of movie theater with matinee, and 10,000 square feet of high rum-
over sit down restaurant, as outlined in the transportation study
entitled "Traffic AnalysiS For Triangle With Proposed
Commonwealth Centre" prepared for Faison Development by
Dexter R. Williams and dated September 5, 1997 or, equivalent
densities as approved by CDOT.
Prior to any site plan approval~ an access plan (generally consistent
with VHB Site Plan) for Commonwealth Centre Parkway Relocated
and the Collector Stub Road shall be submitted to and approved by
the CDOT. Access to the Property shall conform to the approved
access plan.
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98SN0137/WP/FEB25G
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
25.
27.
28.
The Applicant shall pay an additional sum as described in this
proffer, in cash, for the benefit of the County. Such cash
contribution shall be given to assist in constructing future road
improvements, as needed, to the Hull Street Road corridor in the
vicinity of the Property. The total cash contribution shall be
$550,000.
At the time designated below, the Applicant shall make the
following cash payments to the County of Chesterfield for road
infrastructure improvements within the service district as described
above. The Applicant shall pay the following applicable cash
proffer as follows:
ao
Upon the first to occur of (i) thirty (30) days after the
approval of any final site plan on the Property, or (ii)
December 31, 1998, the Applicant shall make a cash
payment of $250,000; and
Upon the first to occur of (i) thirty (30) days after the
issuance of any building permit on the Property, or (ii) June
30, 1999, the Applicant shall make a cash payment of
$300,000.
If the cash proffers described above are not expended for the
purposes designated within fifteen years from the date of payment
they shall be returned in full to the Applicant in accordance with the
County Code.
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.
All building mounted business identification signs located on the
rear of the buildings shall conform to the Zoning Ordinance
requirements. No Development Standards Waiver or variance for
the business identification signs located on the rear of the buildings
shall be requested.
9 98SN0137/WP/FEB25G
GENERAL INFORMATION
Located in the southwest quadrant of the intersections of Route 288 and Hull Street Road.
GPIN 734-677-9712, 735-676-5038 and 6622, 736-676-1894 and 736-675-part of 3455
(Sheet 20).
Existing Zoning:
0-2 and I-1 with Conditional Use Planned Development
96.4 acres
Existing Land Use:
Vacant
Adjacent Zoning & Land Use:
North - A; Single family residential, public/semi-public (church) and vacant
South - 0-2 and I-1 with Conditional Use Planned Development; Office and vacant
East - A, and C4 with Conditional Use; Vacant
West - R-9 and 0-2 with Conditional Use Plaimed Development, C-2, and C-2 with
Conditional Use; Multi-family residential, commercial or vacant
UTILITIES
Pllblic
Public
Water System:
There is an existing sixteen (16) inch water line extending along Commonwealth Centre
Parkway adjacent to the request site. Use of the public water system is intended and has
been proffered by the applicant. (Proffered Condition 1)
Wastewater System:
There is an existing thirty (30) inch wastewater trunk line extending along Swift Creek
approximately 500 feet southeast of the request site. In addition, there is an existing ten
(10) inch wastewater mink line extending along a tributary of Swift Creek and adjacent to
the westernmost portion of the request site. Use of the public wastewater system is
intended and has been proffered by the applicant. (Proffered Condition 1)
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98SN0137/WP/FEB25G
ENVIRONMENTAL
Drainage and Erosion:
The request property drains into Swift Creek and into Nuttree Branch. No existing or
anticipated on- or off-site drainage or erosion problems. Special consideration for potential
erosion of steep slopes may be necessary during land disturbing activities. To further
avoid potential erosion problems, the applicant has proffered that there will be no
timbering of the property until a land disturbance permit has been issued and the approved
erosion control devices have been installed. 0)roffered Condition 3)
Water Quality:
Swift Creek is a perennial stream and is subject to a 100 foot conservation area that limits
the type of development that may occur in proximity to the watercourse, in accordance
with Chesapeake Bay Act (CBA) requirements.
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program. The applicant has
excluded multi-family and townhouse uses from this request ffYoffered Condition 8.g.).
Therefore, this development will not have an impact on these 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 Clover Hill Fire/Rescue Station, Company Number 7
and Manchester Rescue Squad.
When the property is developed, the quantity of water for fire protection and the number
of hydrants needed will be evaluated during the site plan and construction plans review
processes. Also, the need for ingress/egress for emergency equipment and designation of
fire lanes will be determined during the review of the aforementioned plans.
Transportation:
The property is located in the southwest quadrant of the Hull Street Road (Route 360) and
Route 288 Interchange. Current access for the property is provided via Commonwealth
Centre Parkway to Route 360 and to Route 288. Additional access for the property to
Route 360 could be provided through the existing commercial development located
11 98SN0137/WP/FEB25G
between the property and Route 360. Route 360 and Route 288 had 1997 traffic counts
of 46,047 and 20,504 vehicles per day, respectively.
In January 1987, the Board of Supervisors rezoned approximately 152 acres (Case 86S144,
Commonwealth Centre) for a mixed-used project that permitted development of
predominantly office buildings and research/development centers. A condition of that
rezoning established a maximum density. The current maximum density for
Commonwealth Centre limits development to 200,000 square feet of retail, 650,000 square
feet of research/development, 400,000 square feet of office and a 300-room hotel, or
equivalent density. Based on that density, Commonwealth Centre could generate
approximately 20,200 average daily trips (1,960 total AM peak hour trips and 2,540 total
PM peak hour trips). In order to develop to that maximum density, conditions of rezoning
require specific road improvements to be provided. These road improvements include:
1) dedication of rights-of-way along Route 360 and Route 288; 2) construction of
additional pavement along sections of Route 360 in both eastbound and westbound
directions; 3) construction of dual left turn lanes along Route 360 at the Commonwealth
Centre Parkway intersection; and 4) construction of direct access to Route 288 including
a flyover to northbound Route 288 and collector/distributor lanes parallel to Route 288.
Subsequent to the rezoning, an office building was constructed on the property. In
conjunction with that office development, rights-of-way were dedicated along Route 360
and Route 288, and a four-lane divided roadway (Commonwealth Centre Parkway) was
constructed from Route 360 through the property. In 1990, Route 288, south of Route
360, was constructed. As part of the Route 288 project, the developer of Commonwealth
Centre funded and had constructed by VDOT the required improvements along Route 288.
In 1995, as part of the Six Year Improvement Program, Route 360 was widened to six
lanes from just east of Route 288 through the Commonwealth Centre Parkway intersection
to approximately Swift Creek. Therefore, the right-of-way dedications and road
improvements that are required by current zoning conditions for Commonwealth Centre
have been completed, except for construction of dual left turn lanes along Route 360 at the
Commonwealth Centre Parkway intersection.
A current condition of zoning also requires the monitoring of Commonwealth Centre to
determine if actual traffic generation and distribution is materially different from the
assumptions in the original traffic study. According to the condition, if additional traffic
study indicates that more site traffic is generated than originally assumed and additional
mitigating road improvements cannot be provided, permissible densities of the project may
be reduced.
The applicant is requesting rezoning of approximately ninety-two (92) acres of the original
152 acres of the Commonwealth Centre Project. The applicant has also included in this
request approximately five (5) acres from the property adjacent to Commonwealth Centre.
The applicant intends to develop the ninety-seven (97) acres as a retail project. A new
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98SN0137/WP/FEB25G
traffic study was submitted to assist in evaluating the impact of this request. The traffic
study includes, in accordance with Transportation Department requirements, a 20-year
growth of "local" traffic on area roads, and assumptions for development of an adjacent
parcel. The study also includes the following assumptions for development of the
remaining Commonwealth Centre property not included in the current rezoning request:
1) 144,813 square feet of general office (including the 66,863 square foot existing office
building), and 2) 132,050 square feet of research/development center. This will be the
maximum density on the part of the Commonwealth Centre property not included in this
request, and is anticipated to generate approximately 3,120 average daily trips (428 total
AM peak hour trips and 413 total PM peak hour trips).
Based on the densities outlined in the traffic study and proffered as the maximum density
for the subject property (650,000 square feet of shopping center, 55,000 square feet of
movie theater with matinees and 10,000 square feet of high mm-over sit down restaurant),
the proposed development could generate approximately 24,950 average daily trips (724
total AM peak hour trips and 2,509 total PM peak hour trips). (Proffered Condition 24)
The Thorouehfare Plan identifies a north-south major arterial (Commonwealth Centre
Parkway) extending through the subject property. The Plan also identifies an east/west
major arterial ("Collector Stub Road") extending from Commonwealth Centre Parkway
to the western property line. The right-of-way width recommended for both of these major
arterials is ninety (90) feet. The applicant plans to relocate a part of Commonwealth
Centre Parkway within the subject property. The applicant has proffered to dedicate ninety
(90) foot wide rights-of-way through the subject property for Commonwealth Centre
Parkway (relocated) and Collector Stub Road in accordance with that Plan, (Proffered
Condition 22)
Development must adhere to the Development Standards Manual in the Zoning Ordinance,
relative to access and internal circulation (Division 5). Access to major arterials, such as
Commonwealth Centre Parkway and Collector Stub Road, should be controlled. The
applicant has proffered to submit an access plan for these roadways. Any access for the
subject property shall conform to the access plan as approved by the Transportation
Department. (Proffered Condition 25)
Mitigating road improvements must be provided to address the traffic impact of this
development. Changing the land use on the subject property from predominantly office
and research/development to retail is anticipated to have a greater traffic impact on Route
360. In order to mitigate this traffic impact, Route 360 will need to be widened to eight
lanes. The applicant has proffered to contribute $550,000 towards this improvement
(Proffered Condition 26). Additional contributions from area developers and/or a public
project will be needed to complete the funding for widening this section of Route 360 to
eight lanes.
13 98SN0137/WP/FEB25G
The applicant has also proffered to: 1) relocate a section of Commonwealth Centre
Parkway as a four-lane divided facility; 2) construct an eight-lane typical section (i.e.,
three (3) southbound lanes and five (5) northbound lanes) for Commonwealth Centre
Parkway at its intersection with Route 360; 3) construct dual left turn lanes along Route
360 at the Commonwealth Centre Parkway intersection; 4) construct a new access onto
Commonwealth Centre Parkway to serve the Hunter Chase Apartments; and 5) provide
traffic signal modifications at the Commonwealth Centre Parkway/Route 360 Intersection
(Proffered Condition 21). According to the proffer, these road improvements must be
provided with construction of the first building on the subject property. "Off-site" right-
of-way will be needed to accommodate some of these road improvement. In the event the
applicant is unable to acquire the off-site right-of-way, the proffer allows the applicant to
request the County to acquire such right-of-way as a public road improvement. All costs
associated with the acquisition will be borne by the applicant. In the event the County
chooses not to assist the applicant in acquiring the off-site right-of-way, the applicant will
be relieved of the requirement to provide 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.
Additional road improvements the applicant has proffered include: 1) construction of
approximately 500 feet of the Collector Stub Road; 2) construction of left and right turn
lanes along Commonwealth Centre Parkway and Collector Stub Road based on
Transportation Department standards; and 3) providing the full cost of traffic signalization
along Commonwealth Centre Parkway and Collector Stub Road, if warranted (Proffered
Condition 23). The developer of the adjacent property to the west may be required to
construct the remaining section of Collector Stub Road (approximately 700 fee0 within the
subject property.
At time of site plan review, specific recommendations will be provided regarding access
and internal circulation.
~¢neral Plan:
Lies within the boundaries of the Powhite/Route 288 Development Area Land Use and
Transportation Plan which suggests the property is for appropriate for regional mixed use.
&rea Development Trends:
The area is characterized by a mix of office, commercial, industrial and residential zoning
and land uses along Hull Street Road, in the vicinity of the Route 288/Hull Street Road
intersection. It is anticipated that these zoning and development patterns will continue
along this portion of the Hull Street Road corridor.
14 98SN0137/WP/FEB25G
Zoning History.:
On January 28, 1987, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved rezoning from Agricultural (A) and Residential (R-9) to
Light Industrial (M-i) with Conditional Use to permit use and bulk exceptions on the
majority of the request property and adjacent property to the southeast (Case 86S144). A
retail, office and industrial complex was planned.
On November 25, 1987, the Board of Supervisors, upon a favorable recommendation by
the Planning Commission, approved rezoning from Agricultural (A), Residential (R-12)
and Office Business (O) to Office Business (O) and Community Business (B-2) with
Conditional Use Planned Development on a small portion of the request property and
adjacent property to the west (Case 87S134). A mixed use development with office,
commercial, multi-family and elderly housing uses was planned. In particular, the portion
of the request property originally included in Case 87S134 was included in tracts
designated for multi-family and elderly housing uses.
Site Design:
The request property lies within an Emerging Growth Area. Development must conform
to the standards of the Zoning Ordinance which address access, parking, landscaping,
architectural treatment, setbacks, signs, buffers, utilities, and screening of dumpsters and
loading areas. The applicant has agreed to notify the Brandermill Community Association
and the civic associations of Harbour Green, Ashbrook and Deer Run of site plan
submission (Proffered Condition 4). It should be noted that the County notifies adjacent
property owners of site plan submission.
The applicant has proffered conditions that would require buffers, additional setbacks and
design guidelines for uses on the request property adjacent to an existing office use to the
south of the request site (Proffered Conditions 10 through 13), and further has proffered
height limitations for all mounted lighting fixtures (Proffered Condition 19). As styled, the
height limitations in Proffered Condition 19 would apply to building mounted as well as
parking lot lighting. In addition to this requirement, lighting must conform to
Development Standards Manual requirements relative to foot candle limitations.
The applicant has also proffered to provide a minimum 5,000 square foot open plaza,
pedestrian amenities within pedestrian pathways, and the design of drainage basins as wet
ponds and amenities. (Proffered Conditions 14 and 15)
Architectural Treatment:
Within Emerging Growth Areas, no building exterior which would be visible to any
agricultural or residential district or any public right of way may consist of architectural
15 98SN0137/WP/FEB25G
materials inferior in quality, appearance, or detail to any other exterior of the same
building. There is, however, nothing to preclude the use of different materials on different
building exteriors, but rather, the use of inferior materials on sides which face adjoining
property. No portion of a building constructed of unadorned concrete block or corrugated
and/or sheet metal may be visible from any adjoining agricultural or residential district or
any public right of way. No building exterior may be constructed of unpainted concrete
block or corrugated and/or sheet metal. Mechanical equipment, whether ground-level or
rooftop, must be shielded and screened from public view and designed to be perceived as
an integral part of the building.
The applicant has proffered that all buildings including outparcel buildings, will be
compatible in architectural style, materials, colors and details which predominate on the
property (Proffered Condition 7). Further, the applicant has proffered design guidelines
for development on the property and for the review of the architectural treatment of
buildings for compliance with the guidelines by an architecu~al review committee (ARC).
(Proffered Conditions 5 and 6)
It should be noted that Proffered Condition 5 would not allow changes to the architectural
design guidelines for a period of ten (10) years from the date of issuance of the first
building permit on the property. However, as styled, this condition would not prohibit
changes to the guidelines between the date of zoning approval and the date of first building
permit issuance.
As styled, Proffered Condition 5 also requires notification of the Planning Department of
the ARC approval of building elevations at the time of building permit approval, rather
than at the time of site plan review when the Planning Department reviews and approves
building elevations. Review of the elevations by the ARC at some period of time after
Planning Department review could potentially result in ARC approval of building
elevations that are different than those approved by the Planmng Department at the time
of site plan review.
The applicant has also proffered that the ARC will include representatives of the
Brandermill and Ashbrook communities. (Proffered Condition 6)
As styled, Proffered Condition 6 would require the Planning Department to monitor the
ARC to ensure that members of these communities are on the committee. It should be
noted that such monitoring requires additional staff time, thereby increasing the operating
cost of the Department which, in turn, must be passed on to the public.
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
16
98SN0137/WP/FEB25G
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.
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. The applicant
has further proffered that loading facilities for tractor trailers will be oriented to minimize
the impacts of tractor trailer parking, loading and unloading activities on Hunters Chase
Apartment, as determined by the Planning Department. (~offered Condition 20)
With the approval of this request, outside storage would be permitted. Outside storage
areas must be screened from view of adjacent properties which have no such areas and
from public rights of way.
Signage:
The Development Standards Manual regulates freestanding and building mounted signage
on any development on the request property. In addition, the applicant has proffered that
business identification signs shall be of a monument design, that all business signs
(freestanding and building mounted) for businesses that do not have registered logos and
colors shall be limited to one (1) color, and that no development standards waivers or
variances shall be sought for building mounted signs on the rears of buildings. (Proffered
Conditions 17 and 28)
It should be noted that Proffered Condition 17 would not restrict the colors of any part of
signs for businesses with registered logos or colors. In addition, Proffered Condition 28
would not prohibit the seeking of variances or development standards waivers for
freestanding signs or for building mounted signs on the fronts or sides of buildings except
as limited by Proffered Condition 17.
CONCLUSIONS
The proposed zoning and land uses conform to the Powhite/Route 288 Development Area Land
Use and Transportation Plan which suggests the request property is appropriate for regional mixed
use, and the proffered conditions, together with the requirements of the Zoning Ordinance and
Development Standards Manual, ensure compatibility with area development.
Given these considerations, approval of this request is recommended.
17 98SN0137/WP/FEB25G
CASE HISTORY
Planning Commission Meeting (1/20/98):
On their own motion, the Commission deferred this case to February 17, 1998.
Staff (1/22/98):
The applicant was 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.
Staff (1/30/98):
To date, no new information has been received.
Planning Commission Meeting (2/17/98):
Mr. Shewmake declared a conflict of interest and left the meeting.
The applicant accepted the recommendation. There was one (1) person present who
expressed concern relative to the impact of this development on existing access to property
to the west. It was noted that detailed access issues would be addressed through the site
plan review process.
On motion of Mr. Marsh, seconded by Mr. Cunningham, the commission recommended
approval of this request and acceptance of the proffered conditions on pages 2 through 9.
AYES: Messrs. Marsh, Cunningham and Miller.
ABSENT: Messrs. Shewmake and Gulley.
The Board of Supervisors, on Wednesday, February 25, 1998, beginning at 7:00 p.m., will take
under consideration this request.
18
98SN0137/WP/FEB25G
Shopping Centt
Design Guidelines
I. ARCHITECTURAL THEME: CONTEMPORARY CLASSICISM
II,*
Building design shall express the modem style through an abstraction in massing,
ornamentation and informal organization of forms which allude to precedents in classical
forms including barrel vault, columnar portico, colonnade, pyramid, frieze and cornice.
2. The modem design shall incorporate a pleasing rhythm and articulation which interrupts
the linear quality and overall scale of the center.
GOALS:
1. Provide a unified design.
2. Address both the monumental and pedestrian scale.
3. Balance the need for national tenant corporate identity with continuity, of architectural
style.
HI. BUILDING ELEMENTS:
1. Each tenant facade must be designed to incorporate the following elements.
Ao
Co
Scale and Massing: The scale and massing of the building shall be pleasing with all
elements in proportion to one another.
Background Wall: Background wall designs shall incorporate similar articulation of
walls including =mid pattern' canopy, abstract ornamentation and cornice to maintain
the continuity, between tenants.
Entry and Tower Feature: Tower and entry features will be included as key design
components to serve as identification for each tenant and offer retiefto the
background wall. Variation of parapet height and building facade shall be employed to
interrupt the massiveness of the building. Each tenant entrance feature will be treated
as an individual design element so as to provide the oppommity for corporate identity
through signage, scale, massing and color.
A
CONCEPTUAL FRONT ELEVATION
Four Sided Architecture: Tenant rear and side facades visible fi-om public streets
will incorporate complimentary architectural elements such as the "Background Wall"
elements described in item B to provide continuity of design theme. Service areas,
utilities, loading areas and trash containers shall be screened from public view with
appropriate architectural and landscape treatment.
D
CONCEPTUAL KEAK AND SIDE ELEVATION
IV. BUH~DING MATERIALS AND COLOR:
1. Building materials including masonry, metaL,, stucco and ~azing shall be used to
enhance the contemporary style and pedestrian scale.
2. Overall designs shall include alternating neutral color schemes for the building
background, with complimentary colors to enhance the ent~ feature design.
3. Accent colors will be permitted to represent individual corporate identification.
Ve
ARCHITECTURAL DETAILS:
1. Consistent architectural elements such as medallion design, masonry pattern and
cornice design shall be provided to reinforce the uni(ying design theme.
VI. SIGNAGE:
1. A comprehensive sign package will be provided to ensure continuity of design theme,
consistent with and complimentary to the building design.
2. Comprehensive sign design will comply with zoning regulations.
Individual building desi~s must be reviewed and approved by the Arckitectural Review
Committee prior to issuance of a building permit. Generally, implementation of the design
guidelines will be as follows:
1. Conceptual building design and design guideline will be distributed to and reviewed
with individual tenants.
2. Specific tenant design solutions shall be developed by tenants architect via
coordination with developer's architect.
Final design shall be submitted to the Architectural Review Committee for review.
The Architectural Review Committee shall determine conformance to the spirit and
intent of the design standards.
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98SN0137
In Matoaca Magisterial District, FAISON CAPITAL DEVELOPMENT,
INC. requested rezoning and amendment of zoning district map
from Corporate Office (0-2) and Light Industrial (I-l) to
Regional Business (C-4) with Conditional Use to permit outside
storage and continuous outside display. The density of such
amendment will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for regional mixed use. This request lies on 96.4
acres fronting approximately 600 feet on the south line of Hull
Street Road, also fronting approximately 2,580 feet on the west
line of Route 288 and located in the southwest quadrant of the
intersection of these roads. GPIN 734-677-9712, 735-676-5038
and 6622, 736-676-1894 and 736-675-Part of 3455 (Sheet 20).
Ms. Beverly Rogers presented a summary of Case 98SN0137 and
stated that staff and the Planning Commission recommend
approval and acceptance of the proffered conditions. She noted
that the requests conforms to the Powhite/Route 288 Development
Area Land Use and Transportation Plan. She noted that the
applicant submitted an amendment to Proffered Conditions 26 and
28 to address State law requirements, at the request of the
County Attorney's Office.
John Cogbill, Esquire, representing the applicant, stated that
the recommendation is acceptable. He expressed appreciation to
everyone involved in this request for their cooperation and
efforts. He stated that this project has been designed with
the community in mind such as proffering a minimum of 5,000
square foot of public space for community gatherings, bake
sales, yard sales, etc. He further stated that special close-
124 2/25/98
in parking spaces will be provided for mothers and pregnant
women. He stated that numerous road improvements have been
proffered to adequately address the impact of this development
on area roads.
There was no opposition present.
Mr. Warren stated that he feels this is a good project and
expressed appreciation to Mr. Cogbill for his efforts towards
this project.
On motion of Mrs. Humphrey, seconded by Mr. Daniel, the Board
approved Case 98SN0137 and accepted the following proffered
conditions:
The application contains two exhibits described as follows:
Exhibit A -
Commonwealth Centre Design Guidelines (the
"Guidelines") prepared by Rounds VanDuzer Cowie
Architects.
Exhibit B -
Plan titled "Commonwealth Centre, Conceptual
Site Plan, HSP 6A" prepared by Vanasse Hangen
Brustlin, Inc. (the "VHB Site Plan") and dated
November 11, 1997 and last revised 1/9/98.
1. Public water and wastewater systems shall be used.
In conjunction with the first site plan submitted on the
Property, an updated overall water and wastewater plan
for the development shall be submitted for approval to
the Utilities Department Development Section. Data to be
included with this plan include a computer generated
water analysis reflecting the "build out" based on fire
flows deemed appropriate by Fire Administration and other
information as may be deemed appropriate by the Utilities
Department and needed to analyze the overall water and
wastewater plan.
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.
The Applicant (hereinafter the "Applicant" including
their successors or assigns) shall be responsible for
notifying, in writing, of the submission of site plans to
Chesterfield County to the following: (I) the Community
Hanager of the Brandermill Community Association (the
"BCA") ; and (ii) the last known president or
representative on file with the County Planning
Department for the civic associations of Harbour Green,
Ashbrook, and Deer Run. Such notification shall occur no
later than twenty-one (21) days prior to approval or
disapproval of the site plan. The Applicant shall
provide a copy of the notification letter to the Planning
Department.
Prior to or in conjunction with site plan approval on the
Destination Center portion of the Property and prior to
125 2/25/98
or in conjunction with site plan approval on the
Community Center portion of the Property (as shown on
Exhibit B), the Applicant shall prepare and record
restrictive covenants (the "Covenants") with respect to
each portion of the Property that provide for review of
the architectural treatment of the buildings by an
architectural control committee (the "ARC"). Review by
the ARC shall be outlined in the Covenants. The recorded
Covenants shall incorporate a copy of the Commonwealth
Centre Design Guidelines (the "Guidelines") attached as
Exhibit A. These Guidelines shall not be changed for a
period of ten (10) years from the date of the issuance of
the first building permit on the Property. Notice of the
ARC's approval shall accompany plans submitted to the
County for building permit approval.
The ARC shall include, in addition to the Applicant's
representatives and property owners, one member from the
Brandermill community selected by the Board of the BCA
and one member from Ashbrook selected by the Ashbrook
Community Association.
All buildings constructed on the Property shall be
compatible in architectural style, materials, colors and
details. Franchise-type out-parcel buildings shall also
be compatible in the architectural style, materials,
colors and details which predominate on the Property.
Uses permitted shall be those uses permitted by-right and
those permitted with restrictions and accessory uses in
the C-4 District except that the following uses shall not
be permitted:
Dry cleaning plants
Funeral homes or mortuaries
Golf courses
Material reclamation receiving centers
Moving companies
One temporary mobile home as defined in the I-1
section of the ordinance for uses permitted with
certain restrictions
Residential townhouse and multifamily
The following restricted uses are shall be further
restricted as follows:
Motor vehicle rentals if it is accessory to a
permitted use.
Blending, mixing and compounding of manufactured
goods if it is accessory to a permitted use.
Uncovered continuous outdoor display if it:
I. is accessory to another use;
ii. limited to a total of 10,000 square
feet of area on the Property at any
one time;
iii. and, the design, location, and treatment is
approved by the Planning Department at the
time of site plan review.
Prepared food and fruit and vegetable vendors or
outdoor Christmas tree sales subject to approval
of the design, location, and treatment by the
e/es/ss
Planning Department at the time of site plan
review.
And the following additional use shall be further
restricted:
10.
11.
12.
If permitted by conditional use, outdoor public
address systems as long as they are not audible
at the Property line of the Project.
For the area of the Property adjacent to Parcel 24 on Tax
Map Number 62-11(1) [GPIN 736-676-7068] shown on Exhibit
~ and outside the area of the 100 year water surface
elevation of the lake, there shall be a one hundred (100)
foot setback for all buildings, inclusive of the buffer.
For the area of the Property adjacent to Parcel 24 on Tax
Map Number 62-11 (1) [GPIN 736-676-7068] and outside the
area of the 100 year water surface elevation of the lake,
there shall be a 35 foot buffer provided along the
Property line as identified on Exhibit B. The buffers
may be graded and replanted or left in a natural state.
Landscaping in the buffer shall be planted at 1.5 times
the density of perimeter landscaping C as outlined in the
Development Standards Manual.
For the area of the Property adjacent to Parcel 24 on Tax
Map Number 62-11(1) [GPIN 736-676-7068] shown on Exhibit
~ and outside the area of the 100 year water surface
elevation of the lake, there shall be a 50 foot setback
for parking lots and drive aisles, inclusive of the
buffer.
13.
In order to protect the viewshed from the existing office
building to the Property, the Applicant shall provide
additional landscaping, architectural elements, and/or
other features on or adjacent to the improvements
constructed on the Property. This area of protection
shall be identified as the area northwest of the lake
adjacent to Parcel 24 on Tax Map Number 62-11 (1) [GPIN
736-676-7068] beginning at a point on the Property line
adjacent to Route 288 and extending towards Commonwealth
Centre Parkway for a distance of approximately five
hundred (500) feet as shown on Exhibit B. Features in
this area may consist of planted or naturally vegetated
areas, landscaped berms, decorative fencing or walls, or
building architectural elements, including the wall of
the buildings and/or garden centers, or a combination
thereof.
14.
An open plaza shall be provided by the Applicant. The
plaza shall be a minimum of 5,000 square feet in size and
shall be linked to the pedestrian network. The purpose
of the plaza is to provide a location for uses such as
civic and community events, special commercial events,
cultural activities, or passive recreation. The plaza
area shall be designed with decorative paving,
landscaping, lighting or seating to accommodate such
activities.
15.
The pedestrian pathways shall include amenities such as
benches, trees and/or landscaping, decorative paving,
127 2/25/98
16.
17.
18.
19.
20.
21.
benches and trash containers.
Any open basins required for water quantity or quality
control located on the Property shall be designed as wet
ponds and shall be landscaped or otherwise improved so
that the facilities become visual enhancements to and
amenities for the uses developed on the Property. The
landscaping plan for such ponds shall include landscaping
adjacent to the ponds as well as aquatic and sub-aquatic
plantings. At the time of site plan review, a plan
depicting these requirements shall be submitted to the
Planning Department for review and approval.
Freestanding business identification signs shall be
monument style signs. Except for logos or sign faces
with copyright or trademark protection or that are
registered by the state corporation commission, all
business signs shall employ the same color selected by
the Applicant.
Traffic calming measures shall be used in critical
locations to slow traffic and protect pedestrian activity
at the Destination Center and the Community Center as
approved by the Chesterfield County Department of
Transportation ("CDOT") . The exact design and locations
shall be approved by CDOT.
Any lighting fixture mounting located on the Property
shall not exceed a height of thirty-five (35) feet.
The loading docks for any tractor-trailers shall be
located so as to minimize impact on Hunter Chase
Apartments. The exact locations shall be approved by the
Planning Department at the time of site plan review.
To provide an adequate roadway system, prior to the
issuance of a certificate of occupancy for any building
on the Property, the Applicant shall be responsible for
substantially completing, as determined by CDOT, the
following improvements and rights-of-way dedications.
The Applicant shall thereafter diligently and promptly
complete such work. If any road improvement is provided
by others then that specific requirement set forth below
shall be deemed satisfied. The road improvements shall
be as generally shown on Exhibit B/the VHB Site Plan or
any other plan approved by CDOT which incorporates
comparable improvements.
Design and construction of Commonwealth Centre
Parkway relocated ("Commonwealth Centre Parkway
Relocated") as a four (4) lane divided typical
section from its intersection with Hull Street
Road to the eastern property line as generally
shown on the VHB Site Plan;
Design and construction of an eight (8) lane
typical section [i.e. three (3) southbound lanes
and five (5) northbound lanes] for Commonwealth
Centre Parkway Relocated at its intersection
with Hull Street Road as generally shown on the
VHB Site Plan;
Design and construction of a new access
acceptable to CDOT from Hunter Chase Apartments
to Commonwealth Centre Parkway Relocated;
Design and construction of dual left turn lanes
along westbound lanes of Hull Street Road at the
Commonwealth Centre Parkway Relocated
intersection;
Design and installation of traffic signalization
improvements at the intersection of Hull Street
Road and Commonwealth Centre Parkway Relocated
to accommodate the road improvements specified
in subparagraphs a. through d. above; and
22.
23.
Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements
identified above subject to the following
limitations:
In the event the Applicant is unable to acquire
the right-of-way necessary for the road
improvements as described above, the Applicant
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 Applicant.
In the event the County chooses not to assist
the Applicant in acquisition of the "off-site"
right-of-way, the Applicant shall be relieved of
the obligation to acquire the "off-site" right-
of-way, and only provide the road improvement
that can be accommodated within available right-
of-way as determined by CDOT.
Prior to any site plan approval, or within sixty (60)
days after a request by the County, whichever first
occurs, the following rights-of-way shall be dedicated,
free and unrestricted, to Chesterfield County through the
Property;
a. Ninety (90) foot wide right-of-way for
Commonwealth Centre Parkway Relocated; and
Ninety (90) foot wide right-of-way for the
east/west major arterial (the "Collector Stub
Road").
To provide an adequate roadway system, the Applicant
shall be responsible for the following:
Construction of approximately 500 linear feet of
a two (2) lane road for the Collector Stub Road
from Commonwealth Centre Parkway towards the
western property line;
Construction of additional pavement along
Commonwealth Centre Parkway Relocated and
Collector Stub Road at each approved access to
provide left and right turn lanes, based on CDOT
e/es/ss
standards;
Exclusive of the requirement in 21.e. above,
full cost of traffic signal installation along
Commonwealth Centre Parkway Relocated and
Collector Stub Road, if warranted based on CDOT
standards; and
Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements
identified above.
24.
25.
26.
Prior to any site plan approval, a phasing plan for the
road improvements identified in this proffer 23 shall be
submitted to and approved by CDOT.
For traffic planning purposes, the maximum density of the
Property shall be 650,000 square feet of shopping center,
55,000 square feet of movie theater with matinee, and
10,000 square feet of high turn-over sit down restaurant,
as outlined in the transportation study entitled "Traffic
Analysis Por Triangle With Proposed Commonwealth Centre"
prepared for Faison Development by Dexter R. Williams and
dated September 5, 1997 or, equivalent densities as
approved by CDOT.
Prior to any site plan approval, an access plan
(generally consistent with VHB Site Plan) for
Commonwealth Centre Parkway Relocated and the Collector
Stub Road shall be submitted to and approved by the CDOT.
Access to the Property shall conform to the approved
access plan.
The Applicant shall pay an additional sum as described in
this condition, in cash, to assist in constructing future
road improvements, in accordance with the County's
Capital Improvement Program, to the Hull Street Road
corridor in the vicinity of the Property. This
contribution is necessary to address the impact created
within the service district by this project. The total
cash contribution shall be $550,000.
At the time designated below, for facilities identified
in the County's Capital Improvement Program, the
Applicant shall make the following cash payments to the
County of Chesterfield:
Upon the first to occur of (I) thirty (30) days
after the approval of any final site plan on the
Property, or (ii) December 31, 1998, the
Applicant shall make a cash payment of $250,000;
and
Upon the first to occur of (I) thirty (30) days
after the issuance of any building permit on the
Property, or (ii) June 30, 1999, the Applicant
shall make a cash payment of $300,000.
If the amounts described above are not expended for the
purposes designated within fifteen years from the date of
payment, they shall be returned in full to the payor.
130 2/25/98
27.
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.
28.
All building mounted business identification signs
located on the rear of the buildings shall conform to the
Zoning Ordinance requirements. No Development Standards
Waiver or variance for the business identification signs
located on the rear of the buildings shall alter this
condition.
Ayes:
Nays:
Humphrey, Warren, Barber, Daniel, and McHale.
None.
e/es/ss