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98SN0176.PDFJ..,~ ~,l, l~,o CPC July 29, 1998 BS REQUEST ANALYSIS AND RECOMMENDATION 98SN0176 (Amended) Home Depot U.S.A., Inc. and Irvin G. Homer Clover Hill Magisterial District Northeast quadrant of Routes 288 and 360 REQUEST: (Amended) Rezomng from Agricultural (A), Community Business (C-3), General Business (C-5) and Light Industrial (I-1) to Community Business (C-3) and Light Industrial (I-1) with Conditional Use Planned Development to permit use exceptions and exceptions to rear yard setback requirements, plus amendment to Conditional Use Planned Development (Case 85S153) on a tract currently zoned Light Industrial (I-1) to delete Conditions 4, 5 and 6 relative to pavement, curb, gutter and road improvements, to modify Condition 1 to delete permitted Heavy Industrial (1-3) uses, and to permit electrical, plumbing or heating supply sales, service and related display rooms (a C-3 use). PROPOSED LAND USE: Commercial and industrial uses are planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFE~D CONDI~ONS ON PAGES 2 THROUGH 9. STAFF RECOMMENDATION Recommend approval for the following reasons' The Powhite/Route 288 Development Area Land Use and Transportation Plan suggests that the property lying in the northwest quadrant of Hull Street and Warbro Roads is appropriate for light industrial use and that the property in the northeast quadrant of the intersection is appropriate for high density residential uses. Specifically, the Plan, as does other adopted Plans throughout the County, identifies a need for future industrial employment centers at major interchanges which have good regional access. The high density residential designation is intended to provide appropriate land use transitions adjacent to existing residential neighborhoods. While the amended application contains commercial components, the potential amount of commercial development in this quadrant, based upon existing zoning, is effectively reduced by this request. Therefore, the integrity of the Plan is maintained. Bo The intent of the high density residential designation is to provide appropriate land use transitions. Traditionally, light industrial uses have been considered appropriate adjacent to residential neighborhoods. Therefore, the light industrial zoning proposal in the northeast quadrant of Hull Street and Warbro Roads achieves the intent of the Plan relative to transitions. Co The Plan strives to encourage the creation of nodes for mixed use developments of a size and configuration which allows co-location of commercial, office and residential uses, thereby minimizing the possibility of the typical strip commercialization that has occurred along arterials throughout the County. The proffered conditions address this goal. (NOTE: CONDITIONS MAY BE IMPOSED ON THE CONDITIONAL USE ASPECTS OF THIS REQUEST. THE PROPERTY OWNER MAY PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS (STAFF/CPC) 1. The textual statement and the plan entitled Chesterfield Crossing- Tract Scheme, prepared by Weaver & Associates and dated July 1, 1998 shall be deemed the Master Plan. (STAFF/CPC) 2. The public water and wastewater systems shall be used. (STAFF/CPC) o With the exception of timbering to remove dead or diseased trees which has been approved by the Virginia State Department of 2 98SN0176/WP/JULY29J (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) o o Forestry, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department. Prior to any site plan approval for Tracts II-A, II-B, llI, or IV, thirty-five (35) feet of right of way on the west side of Warbro Road, measured from the centerline of that part of Warbro Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. Prior to any site plan approval for Tract V, thirty-five (35) feet of right of way on the east side of Warbro Road, measured from the centefline of that part of Warbro Road immediately adjacent to Tract V, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. Prior to any site plan approval for Tract II-A or upon request from the Chesterfield County Transportation Department ("Transportation Department"), whichever occurs tn:st, a sixty (60) foot wide right of way from Route 360 via the north/south public road ("Main Site Road") to that portion of the Cheatham parcel that lies east of Route 288 (part of GPIN 733-680-9439), shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The exact location of this right of way shall be approved by the Transportation Department. The maximum density of Tracts I, II-A, II-B, III, and IV, for traffic planning purposes, shall be 486,000 square feet of shopping center, 3,000 square feet of fast food restaurant with drive-through window, and 380,000 square feet of light industrial, or equivalent densities as approved by the Transportation Department. Additional traffic studies may be submitted to and approved by the Transportation Department. If the approved studies demonstrate that additional density can be developed on the property and acceptable levels of service are maintained, as determined by the Transportation Department, the Transportation Department may modify this condition to increase permissible densities. Direct access to Warbro Road and Route 360 for Tracts II-B, III, and IV shall be limited to and generally located as shown on the plan prepared by Barakos-Landino Design Group, titled Chesterfield Crossing - Access Plan, dated March 10, 1998. Direct access to Route 360 for Tract V shall be limited to one (1) entrance/exit, and direct access to Warbro Road for Tract V shall be limited to two (2) 3 98SN0176/WP/JULY29J (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 10. entrances/exits. The exact location of accesses to Warbro Road and Route 360 shall be approved by the Transportation Department. Prior to any site plan approval, an access plan for the Main Site Road shall be submitted to, and approved by, the Transportation Department. Access to and from the Main Site Road shall conform to the approved access plan. The plan entitled Chesterfield Crossing-Tract Scheme, prepared by Weaver & Associates and dated July 1, 1998 shall be considered the master road plan. The Main Site Road is included only for illustrative purposes, to show the general location and concept of such road; provided, however, that the road shall be aligned within Tract II-B as far north and east as practicable while accommodating access to Tract II-A and meeting Transportation Department standards. Approval of the plan by the County does not imply that the County gives final approval of any particular road alignment or section. To provide for an adequate roadway system, the developer shall be responsible for the following: a) Construction of an additional lane of pavement along Route 360 (i.e. third westbound through lane), from the eastern property line of Tract V through the Main Site Road intersection. The exact length of this improvement shall be approved by the Transportation Department; b) Construction of an additional lane of pavement along Route 360 (i.e. fourth westbound through lane), from approximately 500 feet east of the Main Site Road intersection, west to the Route 288 northbound on ramp. The exact length of this improvement shall be approved by the Transportation Department; c) Construction of additional pavement along the westbound lanes of Route 360 at each approved access, including the Warbro Road intersection, to provide a separate right turn lane; d) Construction of additional pavement along the eastbound lanes of Route 360 at the Main Site Road 4 98SN0176/WP/JULY29J e) g) h) i) J) intersection to provide dual left turn lanes. The exact length of this improvement shall be approved by the Transportation Department; Construction of a raised median along the eastbound lanes of Route 360 to preclude northbound Route 288 vehicles from traveling east on Route 360 and turning left onto the Main Site Road, if required, as determined by the Transportation Department. The exact length and design of this improvement shall be approved by the Transportation Department; Construction of the Main Site Road as a public road and as a four lane divided roadway from Route 360 toward the northern boundary of Tract II-B, but tapering to a two-lane roadway prior to reaching the northern boundary of Tract II-B if such taper can be accomplished in accordance with VDOT standards. The Main Site Road shall be constructed through Tracts I and II-A as a two-lane roadway. The exact length and design of this improvement shall be approved by the Transportation Department; Construction of a six (6) lane typical section (i.e. two (2) northbound lanes and four (4) southbound lanes) for the Main Site Road at the Route 360 intersection. The exact length of this improvement shall be approved by the Transportation Department; Construction of additional pavement along the Main Site Road at each approved access to provide left and right turn lanes, if warranted, based on the Transportation Department standards; Full cost of traffic signalization at the Main Site Road/Route 360 intersection, when warranted, based on Transportation Department standards; Construction of additional pavement along the eastbound lanes of Route 360 at the Warbro Road intersection to provide dual left turn lanes. The exact length of this improvement shall be approved by the Transportation Department; 5 98SN0176/WP/JULY29J k) Construction of additional pavement along Warbro Road to provide a six (6) lane typical section (i.e. two (2) northbound lanes and four (4) southbound lanes) at its intersection with Route 360. The exact length of this improvement shall be approved by the Transportation Department; 1) Construction of a raised median along Warbro Road from Route 360 to the southernmost approved access for Tract m onto Warbro Road; m) Construction of additional pavement along Warbro Road at each approved access to provide left and right turn lanes, if warranted, based on Transportation Department standards; n) Full cost of traffic signal modification at the Warbro Road/Bridgewood Road/Route 360 intersection as required for the improvements set forth in parts a, c, j, k, and 1 of this condition; and o) Dedication to Chesterfield County, free and unrestricted, of any additional right of way (or easements) required for the road improvements identified above. (STAFF/CPC) 11. Prior to any site plan approval, a phasing plan for required road improvements, as identified in Proffered Condition 10, shall be submitted to and approved by the Transportation Department. The approved phasing plan shall include a requirement that the Main Site Road be constructed to provide access from Route 360 across the creek to Tract II-A, within three (3) years from the issuance of Certificate(s) of Occupancy for more than three hundred rift3' thousand (350,000) square feet of C-3 uses in Tracts II-B, III, and IV. Proffered Conditions Applicable to Tracts II-B, III. and IV (STAFF/CPC) 12. The Applicants, their successors and assigns, (hereinafter jointly "the Applicants") shall be responsible for providing to the following individuals, written notice of the submission to Chesterfield County of site plans for C-3 uses: the last known president or 6 98SNO176/WP/JULY29J (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 13. 14. 15. 16. 17. 18. representative on file with the County Planning Department for the civic associations of Clarendon, Lake Genito, Genito Estates, Glen Tara, Deer Run, Ashbrook, and Woodlake, and the Community Manager of the Brandermill Community Association. Such notification shall occur no later than twenty-one (21) days prior to approval or disapproval of the plan. The Applicants shall provide a copy of the notification letter to the Planning Department. All buildings constructed on the property for C-3 uses shall be compatible in architectural style, materials, colors, and details. Franchise-type out-parcel buildings shall also be compatible to the architectural style, materials, colors, and details which predominate in this portion of the development. Within Tract II-B, the C-3 uses permitted as a use exception and the C-1 uses permitted as restricted uses in an I-1 district shall be limited to: (i) two out-parcels not to exceed in the aggregate 2.5 acres and located generally in the southeast comer of Tract II-B; and (ii) any area of Tract II-B that may fall on the east or north side of the Main Site Road as generally shown on the plan entitled Chesterfield Crossing-Tract Scheme, prepared by Weaver & Associates and dated July 1, 1998. C-3 uses in Tract II-B east and north of the Main Site Road and in Tracts III and IV shall not exceed a total of 450,000 gross square feet. The following C-3 uses shall not be permitted: Multiple-family dwellings and townhouses The pedestrian pathways serving C-3 uses shall include amenities such as benches, trees and/or landscaping, decorative paving, 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 7 98SN0176/WP/JULY29J (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 19. 20. 21. 22. 23. 24. requirements shall be submitted to the Planmng Department for review and approval. Freestanding business identification signs shall be monument-style signs. Any lighting fixture mounting located on the property shall not exceed a height of thirty-five (35) feet. 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. An area of approximately five thousand (5,000) square feet shall be provided within Tract m or that portion of Tract II-B that lies north and east of the Main Site Road, for public and semi-public use, such as area civic association events, special commercial events or cultural activities. This area shall be designated through recordation of an open space easement. Buildings shall be sited around the area so as to create and encourage pedestrian activity and other public/semi-public activit3'. The area shall incorporate amenities to include, but not necessarily limited to, benches for public seating, decorative paving, landscaping, pedestrian scale lighting, or other similar features. The C-3 uses located in Tract III and that portion of Tract II-B that lies north and east of the Main Site Road shall be designed to minimize the linear character typical of strip commercial development through use of building off-sets and other architectural design features and through site design of outparcels to minimize the view from Route 360 of parking areas for those uses and for in-line uses, as determined by the Director of Planning. Prior to or in conjunction with site plan approval for commercial uses in Tracts II-B, III and IV, the Developer shall prepare and record restrictive covenants (the "Covenants") with respect to commercial uses in Tracts II-B, III and IV that provide for review of the architectural treatment of the buildings by an architectural review committee (the "ARC"). Review by the ARC shall be outlined in the Covenants. The recorded Covenants shall incorporate a copy of the Design Guidelines attached as Exhibit A. 8 98SN0176/WP/JULY29J 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 be submitted to the Planning Department prior to the Planning Department approval of the architectural elevations. (STAFF/CPC) 25. The ARC shall include, in addition to the Developer's representatives and property owners, one member from the Brandermill community selected by the Board of the Brandermill Community Association. (STAFF/CPC) 26. A maximum of 100 feet of the southern portion of Tract IV shall be permitted Community Business (C-3) uses. Such C-3 uses may only be located in the southern 100 feet of Tract IV if necessary to accommodate the site design of in-line users in Tract III. Proffered Condition Applicable to Tract V (STAFF/CPC) 27. In addition to the Light Industrial G-l) uses, the following additional uses shall be permitted in Tract V: a) Those uses permitted in the Convenience Business (C-i) District excluding convenience stores and gasoline sales, provided that such uses shall be limited to a maximum of 25,000 gross square feet, and shall generally be located in the northeast quadrant of the intersection of Warbro Road and Route 360 and designed so as to accommodate Light Industrial (I-1) uses to the east along Route 360. b) Carpenter and cabinetmakers' offices and display rooms; contractors' offices and display rooms; and electrical, plumbing or heating supply sales, service and display rooms, provided that for such uses the gross square floor area of any retail (display) area shall be limited to thirty (30) percent of the gross floor area of any individual use, and that outside storage shall be prohibited. 9 98SN0176/WP/JULY29J GENERAL INFORMATION Located in the northeast and northwest quadrants of the intersection of Warbro and Hull Street Roads. Tax ID 737-680-0386; 735-683-Part of 0636; and 738-682-Part of 0134 (Sheets 13 and 20). A, C-3, C-5, and I-1 with Conditional Use Planned Development Size: 198.7 acres Existing Land Use: Vacant Adjacent Zoning & Land Use: North - I-1 and A with Conditional Use Planned Development, and A with Conditional Use; Industrial (quarry) or vacant South - C-4 with Conditional Use, 0-2 and A; Single family residential, commercial and vacant East - I-1, C-3, and A with Conditional Use Planned Development, A with Conditional Use and A; Industrial (quarry) or vacant West - A; Single family residential or vacant Public Public Water System: There is an existing twenty-four (24) inch water line extending along the north side of Hull Street Road adjacent to the request site. Use of the public water system is intended and has been proffered. (Proffered Condition 2) Wastewater System: There is an existing thirty (30) inch wastewater trunk line extending along Nuttree Branch and adjacent to the request site. In addition, there is an existing eighteen (18) inch wastewater trunk line extending along a tributary of Nuttree Branch and extending across 10 98SNO176/WP/JULY29J the southeast portion of the request site. Wastewater service for portions of the request site adjacent to Route 288 may necessitate an extension from the Nuttree Branch Trunk Line west of Route 288. .Use of the public wastewater system is intended and has been proffered. (Proffered Condition 2) ENVIRONMENTAL Drainage and Erosion: The request property drains into Nuttree Branch. No existing or anticipated on- or off-site drainage or erosion problems. Portions of the property are characterized by shallow soils, with rock close to the surface. Special consideration should be given to determining the best locations for retention/detention facilities, to ensure that adequate volumes can be provided in accordance with Best Management Practices. 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. (Proffered Condition 3) Water Quality.: Nuttree Branch 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 (Proffered Condition 16). Therefore, this development will not have an impact on these facilities. Fire Service: 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. 11 98SN0176/WP/JULY29J The applicant's original zoning request included General Business (C-5) and Light Industrial (I-1) on approximately 175 acres. This area is located on the north side of Hull Street Road 0~oute 360) between Route 288 and Warbro Road, and is identified on the Master Plan as Tracts I, II-A, II-B, m and IV. The applicant has revised the request to include the rezoning of an additional twenty-four (24) acres from Community Business (C-3) to Light Industrial G-i) plus limited Convenience Business (C-l) uses. This area is located on the north side of Route 360 and east of Warbro Road, and is identified on the Master Plan as Tract V. In September 1987, the Board of Supervisors rezoned approximately forty-six (46) acres (Case 87S104) located in the northeast comer of the Warbro Road/Route 360 intersection. The rezoning included twenty-two (22) acres of Light Industrial G-I) and twenty-four (24) acres of Community Business (C-3). The Board imposed several transportation related conditions that included right of way dedication along Warbro Road, access control to both Warbro Road and Route 360, and construction of additional pavement along Warbro Road and Route 360. The twenty-four (24) acre C-3 parcel in that 1987 zoning case is Tract V, now included in this amended rezoning request. The applicant has proffered several conditions consistent with the conditions from the 1987 zoning case. In addition to those existing conditions, a proffer, accepted by the Board during the 1987 rezoning, allows development of the forty-six (46) acres to generate up to 10,000 vehicles per day. The requested use of Tract V is for I-1 and limited (25,000 square feet) C-1 uses. Based on the requested rezoning and on light industrial and retail trip rates, development of the entire forty-eight (48) acres will generate about half of the traffic (approximately 5,300 vehicles per day) that is currently permitted to be generated by zoning. The applicant has proffered a maximum density on Tracts I, II-A, II-B, III and IV of 486,000 square feet of shopping center, 3,000 square feet of fast food restaurant with drive through window and 380,000 square feet of light industrial or equivalent density (Proffered Condition 6). Development of these Tracts is anticipated to generate approximately 23,875 average daily trips (935 total AM peak hour trips, and 2,290 total PM peak hour trips). Proffered Condition 6 allows the Transportation Department to increase the permissible density on these Tracts provided acceptable levels of service are maintained. Vehicles generated by this development will be distributed along Route 360 which had a 1997 traffic count of 26,850 vehicles per day and Warbro Road which had a 1996 traffic count of 2,161 vehicles per day. The Virginia Department of Transportation (VDOT) Six Year Improvement Program includes a project to widen Route 360 to six lanes from Genito Road to just east of Route 288. The subject property fronts along this section of Route 360. According to the current 12 98SN0176/WP/JULY29J VDOT Six Year Improvement Program, construction is anticipated to begin in Fall 2000. At the VDOT Preallocation Hearing in April 1998, the County requested the Commonwealth Transportation Board (CTB) to transfer the funds from this project to a project that would improve the section of Route 360 west of Swift Creek. If approved by the CTB, the construction schedule for the widening of Route 360 adjacent to the subject property will be delayed. The Thoroughfare Plan identifies Warbro Road as a collector with a recommended right of way width of seventy (70) feet. The applicant has proffered to dedicate thirty five (35) feet of right of way, measured from the centerline of Warbro Road, in accordance with that Plan. (Proffered Condition 4) Tracts I, II-A, II-B, III and IV are located in the northeast quadrant of the Route 360/Route 288 interchange. In the corner of that quadrant, surrounded by the subject property, is a fourteen (14) acre parcel of land (Cheatham parcel). Access to the Cheatham parcel is limited. The Master Plan submitted with this application includes a north-south road ("Main Site Road") from Route 360, north through Tracts I, II-A, II-B and IH. Proffered Condition 11 requires that the "Main Site Road" be constructed from Route 360 across the creek to Tract II-A within three (3) years of the issuance of certificate(s) of occupancy for more than 350,000 square feet of C-3 uses in Tracts II-B, III and IV. Prior to site plan approval for more than 350,000 square feet of uses in these tracts, Staff will require that a bond be posted for construction of the road in accordance with the proffered condition. The proffer also requires this roadway to be located within Tract II-B as far north and east as practicable. The applicant has proffered to dedicate a sixty (60) foot wide right of way from Route 360, via the Main Site Road, to serve the Cheatham parcel (~offered Condition 5). At time of site plan approval, access to other adjacent properties may be required. Development must adhere to the Development Standards in the Zoning Ordinance, relative to access and internal circulation (Division 5). Direct access to major arterials, such as Route 360, and to collectors, such as Warbro Road, should be controlled. The applicant has proffered to limit direct access from Tracts II-B, III and IV to Route 360 and Warbro Road, to the accesses as shown on the access plan submitted with this application (Proffered Condition 7). The access plan allows these Tracts to have three (3) direct accesses to both Route 360 and Warbro Road. The accesses to Route 360 will consist of the Main Site Road, aligning a cross-over on Route 360, and two (2) additional accesses limited to right-turns-in and right-turns-out only. The proffer also limits direct access from Tract V to one (1) entrance/exit to Route 360 and two (2) entrances/exits to Warbro Road. These accesses should be located no closer than approximately 500 feet to the Warbro Road/Route 360 intersection. In addition, an existing cross-over is located on Route 360 at the eastern property line of Tract V. This cross-over is located approximately 1,000 feet from the Warbro Road/Route 360 intersection. Staff will not support an access from Tract V to Route 360 aligning this cross-over, if it would create the need for a traffic signal at 13 98SN0176/WP/JULY29J this location. Proffered Condition 8 requires an access plan for the Main Site Road to be submitted to the Transportation Department for approval. 0~roffered Condition 8) Mitigating road improvements must be provided to address the traffic impact of this development. To evaluate the impact of this development, a traffic study was provided. This traffic study includes, in accordance with Transportation Department Requirements, a 20-year growth of "local" traffic on area roads, and traffic volumes for anticipated development of the Cheatham parcel and for full development of the 360 Capital Partnership Project which is located on the south side of Route 360. Based on the approved traffic study, the applicant has proffered to: 1) construct a third westbound through lane along Route 360 from the eastern property line of Tract V, west through the Main Site Road intersection, which will result in three (3) westbound through lanes for the entire Route 360 frontage of the subject property; 2) construct a fourth westbound through lane along Route 360 from just east of the Main Site Road intersection to the Route 288 northbound on ramp; 3) construct additional pavement along Route 360 at each approved access, including the Warbro Road intersection, to provide separate right turn lanes; 4) construct additional pavement along the eastbound lanes of Route 360 at the Main Site Road intersection to provide dual left turn lanes; 5) as deemed necessary by the Transportation Department, construct a raised median along the eastbound lanes of Route 360, to preclude northbound Route 288 vehicles from traveling east on Route 360 and turning left onto the Main Site Road; 6) construct the Main Site Road (public road) as a four (4) lane divided roadway from Route 360, north towards the northern boundary of Tract II-B, then tapering to a two (2) lane roadway through the subject property; 7) construct a six (6) lane typical section (i.e. two (2) northbound lanes and four (4) southbound lanes) for the Main Site Road at its intersection with Route 360; 8) construct additional pavement along the Main Site Road at each approved access to provide left and right turn lanes, based on Transportation Deparunent standards; 9) provide full cost of traffic signalization at the Main Site Road/Route 360 intersection, when warranted; 10) construct additional pavement along the eastbound lanes of Route 360 at the Warbro Road intersection to provide dual left rum lanes; 11) construct additional pavement along Warbro Road to provide a six (6) lane typical section (i.e. two (2) northbound lanes and four (4) southbound lanes) at its intersection with Route 360; 12) construct a raised median along Warbro Road from Route 360 to the southernmost approved access for Tract III onto Warbro Road; 13) construct additional pavement along Warbro Road at each approved access to provide left and right turn lanes, based on Transportation Department standards; and 14) provide traffic signal modifications at the Warbro Road/Bridgewood Road/Route 360 intersection 0~roffered Condition 10). Based on these proffered road improvements, acceptable levels of service are anticipated at both the Main Site Road/Route 360 and the Warbro Road/Bridgewood Road/Route 360 intersections. At time of site plan approval, specific recommendations will be provided regarding access, internal circulation and phasing of the required road improvements. 14 98SN0176/WP/JULY29J LAND USE Comprehensive Plan: Lies within the boundaries of the Powhite/Route 288 Development Area Land Use and Transportation Plan which suggests the property in the northwest quadrant of Warbro and Hull Street Roads is appropriate for light industrial use and that the property in the northeast quadrant of the intersection is appropriate for high density residential uses. Area Development Trends: The area is characterized by a mix of commercial, industrial and agricultural zoning and land uses along Hull Street Road, in the vicinity of the Route 288/Hull Street Road intersection, and by commercial and industrial zoning along Warbro Road, east and north of the request property. In particular, adjacent property north and northeast of the request property has been zoned and developed as a quarry. Other industrial development has occurred along Warbro Road north of the request site. Adopted Plans suggest a need for regional-type uses at the interchange of Routes 288 and 360. Such regional uses include commercial, office, high density residential and industrial uses. The Plans suggest that commercial, office and residential uses should co-locate in nodes on properties which are of a sufficient size and configuration to accommodate the mixture of such uses. While the Plan suggests industrial and high density residential uses for the subject property, portions of the property are currently zoned to permit retail uses. Zoning History: On December 11, 1985, the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved rezoning from Agricultural (A) to Light Industrial (I-1) with Conditional Use Planned Development on the northernmost I-1 portion of the request property (Tract I) and adjacent I-1 property to the east (Case 85S153). With the approval of Case 85S153, General Industrial (1-2) and Heavy Industrial (1-3) use exceptions were granted and outside storage was permitted. Conditions were imposed to address concerns relative to access, parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities, and screening of outside storage areas, dumpsters and loading areas. Access to those tracts was planned via Warbro Road. Subsequently, zoning was granted on the adjacent I-1 property to include that property in the expansion of an existing quarry (Martin Marietta). In 1985, an application was fried on that portion of Tracts II-B and III which are currently zoned Light Industrial (1-1). The initial application was for Community Business 05-2) zoning with Conditional Use Planned Development. A typical strip commercial center was 15 98SN0176/WP/JULY29J planned. At that time, the P0white/Route 288 Development Area Land Use and Transportation Plan had been adopted. That Plan suggests industrial land uses at this quadrant. Staff recommended denial of that request for many of the same reasons that staff recommends denial of this request. The Planning Commission, after four (4) public hearings, recommended denial of commercial zoning and land uses. Ultimately, the Board remanded the case to the Planning Commission. The case was amended to request Light Industrial (M-l) with Conditional Use Planned Development. That request was eventually approved by the Board of Supervisors, upon a favorable recommendation by both staff and the Planning Commission. Specifically, in addition to the Light Industrial G-l) uses, use exceptions to include storage and sale of building material; contractors shops and storage yards; one (1) restaurant; and one (1) bank were approved. Subsequently the retail uses, which had been the subject of the initial application for Community Business 03-2) zoning, located at the intersection of Route 360 and Genito Road (Victorian Square Shopping Center). A Master Plan has been submitted which divides the property into six (6) tracts and proposes construction of a north/south road from Route 360 northward through the property. Proffered Condition 9 requires that the road be located as far north and east as practicable. The request property lies within an Emerging Growth Area. Development within Tracts II-A, II-B, m, IV and V 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. As noted herein, development within Tract I must conform to conditions of zoning approval for Case 85S153, except where modified by this request and any applicable Emerging Growth District Standards. Proffered Condition 23 requires that the C-3 uses located in Tract III and that portion of Tract II-B that lies north and east of the Main Site Access Road be designed to minimize the linear character typical of strip commercial development. Tract I Approval of this application would delete 1-3 uses which were permitted as a part of the original zoning case from this tract. In addition, approval of this application would delete Conditions 4, 5 and 6 of Case 85S153. Condition 4 of that case requires paving, curb and gutter of driveways and parking areas; requires drainage to be designed to not interfere with pedestrian traffic; and allows the Planning Commission to waive these requirements for outside storage and service areas. By deleting this condition, the treatment of the driveways, parking areas and outside storage areas will be regulated by the Zoning Ordinance which has been adopted since the original zoning. 16 98SN0176/WP/JULY29J Conditions 5 and 6 of that case required construction of a road through Tract I and adjacent industrial property to the east from Warbro Road. Deletion of these conditions is proposed. In lieu of that road, the applicant is proposing construction of a road from Route 360 to serve this tract. Tract II-A Tract II-A is proposed to be rezoned from Agricultural (A) to Light Industrial with Conditional Use Planned Development. The uses permitted on this tract would be limited to those in the Light Industrial (I-1) District. Tract II-B Tract II-B which is generally located in the northeast quadrant of Routes 288 and 360 is proposed to be rezoned from Agricultural (A) and Light Industrial (I-1) with Conditional Use Planned Development to Light Industrial (I-1) with Conditional Use Planned Development. Uses proposed on this tract include Light Industrial (I- 1) and Community Business (C-3) uses, excluding any multi-family or townhouse residential use. The location of Community Business (C-3) uses would be limited to two (2) out-parcels not to exceed 2.5 acres located in the southeast comer of the tract and any portion of the tract on the east or north side of the "Main Site Road," as depicted on the Master Plan, provided, however, that the "Main Site Road" is required to be located as far east and north as possible while still meeting Transportation Department standards. (Proffered Condition 9) Tract HI Tract III is proposed to be rezoned from Agricultural (A), General Business (C-5) and Light Industrial (I-1) with Conditional Use Planned Development to Community Business (C-3) with Conditional Use Planned Development. In general, a community-scale, strip-type shopping center with C-3 uses, excluding multi-family and townhouse residential uses, is planned on this tract. With approval of this request, in addition to the C-3 uses, Light Industrial (I-1) uses would be permitted. Also requested is an exception to the rear yard setback requirement adjacent to the Martin Marietta Quarry. Since Martin Marietta is required to maintain a buffer adjacent to the rear of this tract, the rear yard setback exception is appropriate. Tract IV Tract IV is proposed to be rezoned from Agricultural (A) to Light Industrial (I-1) with Conditional Use Planned Development to permit C-3 uses, excluding multi- 17 98SN0176/WP/JULY29J family and townhouse residential uses. Proffered Condition 26 limits any commercial development on this tract to the southern 100 feet and such commercial uses would only be permitted in the southern 100 feet if necessary to accommodate site design of in-line users in Tract 1II. The same rear yard setback exceptions, as being sought on Tract III, are also requested on this tract. Tract V: Tract V is proposed to be rezoned from Community Business (C-3) to Light Industrial 6-1) with Conditional Use Planned Development to permit a limited amount of commercial development. Specifically, 25,000 square feet of Convenience Business (C-l) uses excluding convenience stores and gasoline sales would be permitted in the northeast quadrant of the intersection of Warbro and Hull Street Roads and such uses would be designed to accommodate future Light Industrial ~-1) uses to the east along Route 360 (Proffered Conditions Applicable tO Tract V, Proffered Condition 27a). The industrial uses are intended to provide a transition between the commercial development and residential development to the east, as well as to minimize the possibility of typical strip commercialization along Route 360. In addition, carpenter and cabinetmakers' offices and display rooms; contractors' offices and display rooms; and electrical, plumbing or heating supply sales, service and display rooms having limited retail space would be pem~tted in any part of the tract. (Proffered Conditions Applicable to Tract V, Proffered Condition 27b) Commercial Development Densi¢' - Tracts m. IV and the Eastern Portion of Tract II-B: A total of 450,000 gross square feet of C-3 uses would be allowed on the easternmost portion of Tract II-B and all of Tracts III and IV. (Proffered Conditions Applicable to Tracts II-B, III and IV, Proffered Conditions 14 and 15) Open Space: Proffered Condition 22 requires provision of a minimum of 5,000 square feet in Tract III or that portion of Tract II-B north and east of the "Main Site Road" for public and semi- public use. Pedestrianways and Basins: The applicant has proffered that pedestrian pathways serving C-3 uses would be provided with amenities, and that basins within tracts II-B, III, and IV would be designed as 18 98SN0176/WP/JULY29J amenities (Proffered Conditions Applicable to Tracts II-B, III and IV, Proffered Conditions 17 and 18). It should be noted that basins within Tracts I and II-A would not have to be designed as amenities. Lighting: The applicant has agreed to limit the height of any lighting fixture in Tracts II-B, llI and IV to a maximum height of thirty-five (35) feet (Proffered Conditions Applicable tO Tracm II-B, III and IV, Proffered Condition 20). It should be noted that, as styled, this condition would apply to building mounted as well as freestanding (pole-mounted) lights within these tracts. In addition, this height limitation would not apply to lighting within Tracts I, II-A and V. Notification of Site Plan Submission: The applicant has agreed to notify the representatives of Clarendon, Lake Genito, Genito Estate, Glen Tara, Deer Run, Ashbrook, and Woodlake subdivisions and the Brandermill Community Association of site plan submission for commercial uses on Tracts II-B, III and IV (Proffered Conditions Applicable to Tracts II-B, III and IV, Proffered Condition 12). As styled, this condition will not require notification by the applicant of submission for industrial uses in any tract. Also, it will not require notification for any site plan in Tract V. It should be noted that the County notifies adjacent property owners of all site plan submissions. Architectural Treatment: Architectural treatment for uses within Tracts II-A, II-B, III, IV and V must conform to Emerging Growth District Standards. No building exterior which would be visible to any agricultural district or any public right of way may consist of architectural materials inferior in quality, appearance, or detail to any other exterior of the same building. There is, however, nothing to preclude the use of different materials on different building exteriors, but rather, the use of inferior materials on sides which face adjoining property. No portion of a building constructed of unadorned concrete block or corrugated and/or sheet metal may be visible from any adjoining agricultural 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 screened from view of adjacent property and public rights of way and designed to be perceived as an integral part of the building. Proffered conditions further require that all buildings within Tracts II-B, Ill and IV for C-3 uses, including outparcel buildings, be compatible in architectural style, materials, colors, and details which predominate in these portions of the development (Proffered Conditions Applicable to Tracts II-B. lB and IV, Proffered Condition 13). In addition, the applicant 19 98SN0176/WP/JULY29J has agreed to record restrictive covenants which address design guidelines for commercial uses in Tracts II-B, III and IV and that an architectural review committee will be established to administer the guidelines (Proffered Conditions Applicable to Tracts II-B, ~ and IV, Proffered Conditions 24 and 25). In addition, the Ordinance addresses architectural compatibility in the overall project. Architectural treatment for uses in Tract I must conform to conditions of zoning approval for Case 85S153. Buffers & Screening: The Ordinance requires that solid waste storage areas (i.e., dumpsters, garbage cans, trash compactors, etc.) be screened from view of adjacent property and public rights of way by a solid fence, wall, dense evergreen plantings or architectural feature and that such area within 1,000 feet of any residentially zoned property not be serviced between the hours of 9:00 p.m. and 6:00 a.m. Commercial and industrial sites within Tracts II-A, II-B, III, IV and V 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. Uses within Tract I must conform to Condition 8 of Case 85S153 which requires that loading and service areas not be visible from public roads and adjacent property. With the approval of this request, outside storage would be permitted as a restricted use on the C-3 portions of the request property. Outside storage areas must be screened from view of adjacent properties which have no such areas and public rights of way. Outside storage areas would not be permitted for any uses on those portions of the property for which I-1 zoning is requested except in association with the C-3 uses which would be permitted in those tracts. Condition 7 of Case 85S153 permits outside storage areas for industrial uses on Tract I. The Development Standards Manual regulates freestanding and building-mounted signage on any development on Tracts II-A, II-B, III, IV and V. Signs in Tract I must conform to the requirements of zoning approval for Case 85S153. In addition, for Tracts II-B, III and IV, the applicant has proffered that freestanding business identification signs will be of a monument design and that no development standards waivers or variances will alter any Ordinance requirement relative to building-mounted signs on the rear of buildings (Proffered Conditions Applicable to Tracts II-B, III and IV, Proffered Conditions 19 and 21). Similar requirements for signs in Tracts I and II-A and V have not been proffered. 20 98SN0176/WP/JULY29J CONCLUSIONS The Powhite/Route 288 Development Area Land Use and Transportation Plan suggests that the property lying in the northwest quadrant of Hull Street and Warbro Roads is appropriate for light industrial uses and that the property in the northeast quadrant of the intersection is appropriate for high density residential uses. The Powhite/Route 288 Development Area Land Use and Transportation Plan, together with other adopted Plans throughout the County, identify a need for future industrial employment centers at major interchanges which have good regional access, such as the request property and other properties in this quadrant of the Routes 288/360 interchange. In particular, properties north and northeast of the request site, and along Warbro Road, have developed for industrial uses and have taken advantage of this access and additional industrial zoning and land uses in this area which can benefit from proximity to these roads is anticipated by the Plan. The request property represents land with good potential for industrial use due to its proximity to Route 288, existing area industrial land uses, and its central location within the County. The request property, together with other properties in this quadrant, represent a land area in the central portion of the County that is relatively isolated from residential development. The availability of land suitable for an industrial employment center which has access to roads serving the metropolitan area, and which is also isolated from existing and future residential areas, is limited in this part of the County. This quadrant represents an opportunity to provide such a center. Its preservation and continued representation as an existing industrial employment center with the potential for expansion enhances the County's ability to attract new and expanding industrial uses and successfully compete for new industries. In this manner, the County's ability to improve its employment and economic base in the category of industrial land use is enhanced. Typically, in areas where the Plan suggests industrial zoning and land uses are appropriate, retail uses are only appropriate when such retail uses are supportive of, and accessory to, industrial uses. However, in this particular instance, some of the property is already zoned to permit commercial development. The current application effectively reduces the potential amount of commercial uses that could be developed. Therefore, the integrity of the Plan is maintained. While the Plan suggests that the northeast quadrant of Warbro and Hull Street Roads is appropriate for high density residential uses, the property is already zoned to permit community commercial uses. The intent of the high density residential classification was to provide an appropriate land use transition adjacent to area residential development. The rezoning of this tract (Tract V) to light industrial accomplishes the intent of providing a transition since such uses have traditionally been considered appropriate adjacent to residential neighborhoods. Further, the rezoning to light industrial addresses the spirit and intent of the Plan to accommodate employment centers in this quadrant. 21 98SN0176/WP/JULY29J The adopted Plans do recognize the need for commercial zoning and land uses as a major component of the County's economic and employment vitality, and further recognize the need for such uses at major interchanges throughout the County. The Plans further strive to encourage the creation of nodes for mixed use developments in such locations, of a size and configuration that allow co-location of conunercial, office and residential uses, thereby minimizing the possibility of the typical strip commercialization that has occurred along arterials throughout the County. The proffered conditions address concerns relative to typical strip development. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (3/17/98): The Commission acknowledged withdrawal of approximately 3.6 acres located along the northern boundaries of Tracts In and IV. On their own motion, the Commission deferred this case to their April 21, 1998, meeting. Applicant, Area Property Owner Representatives, Staff and the Clover Hill and Matoaca Magisterial District Commissioners (3/31/98): A meeting was held to discuss the proposed zoning and land uses. Concerns were expressed that the commercial component of the application does not comply with the Plan; that the commercial uses would reduce the amount of land available for industrial development; and about traffic impacts. Applicant (4/20/98): The applicant submitted revisions to Proffered Condition 11 and an additional proffer, Proffered Condition 22. Planning Commission Meeting (4/21/98): The applicant agreed to amend Proffered Condition 15 to reduce the square footage of C-3 uses permitted in Tracts II-B east and north of the main site road and in Tracts III and IV from 475,000 to 450,000 gross square feet. 22 98SN0176/WP/JULY29J The applicant accepted the Planning Commission recommendation. There were persons in support and opposition present. Those in support indicated that commercial development will enhance the County's tax base and that the request site is appropriate for the development proposed by this application. Those in opposition indicated that sufficient commercial zomng exists in the area to accommodate the commercial uses proposed by this application; that the commercial uses do not comply with the adopted Plan; there were no proffers to address specific site or architectural design; approval of the request would sacrifice valuable industrial acreage; the commercial component represents typical strip development; approval would create a traffic problem; and that the commercial uses would reduce the amount of industrial development that could be accommodated on the remaining portion of the property. Mr. Gulley stated there had been a great deal of discussion relative to densities and the impact on traffic generation, sales revenues and whether or not one believed that more revenue could be generated with commercial uses than light industrial uses, and whether one believed the transportation counts worked better with commercial or industrial uses. He stated he felt it was misleading to suggest that there was more industrial than commercial development associated with this project when considering that there was a large Agricultural (A) tract that could be developed as industrial. He stated the initiative that precipitated the development/implementation of the current Powhite/Route 288 Development Area Land Use and Transportation Plan which encompassed the subject property was anticipation of the construction of Route 288 and Powhite Extension. He stated he felt the County recognized the importance of, and was a pro-active leader in, the designation/preservation of large tracts of land along major highways for industrial zoning. He stated individuals who dealt with land use planning were familiar with the evolution of land development in a mixed corridor and realized that the order in which development uses occurred was residential first, commercial second and industrial last. He stated he believed the proposed zoning application contained major deviations from the Comprehensive Plan and that the commercial components represent strip commercial development; indicated there had been several inquiries regarding the potential for commercial zoning and land uses in this quadrant, but these developers were guided to other locations suggested by the Plan as being more appropriate to accommodate such uses; and stated that failure to rely upon the direction of the Plan and past actions to guide the location of retail uses could set precedents for additional commercial zoning and land uses in the area. Mr. Gulley referenced a conversation with Mr. Duke Sullivan, the representative for Home Depot, and indicated that Mr. Sullivan had conveyed to him that he believed his most inexpensive alternative was development of the subject site, that there was a competitive market in this area and regardless of the ultimate decision on the subject site Home Depot would locate in the immediate area. 23 98SN0176/WP/JULY29J Mr. Gulley stated if the County desired to be included in the influx of high-paying industrial and manufacturing jobs coming into the region, then the integrity of, and adherence to, the Comprehensive Plans needed to be maintained so the County would be positioned for those opportunities when they arose. He stated the subject zoning request did not adhere to the guiding principles of the Powhite/Route 288 Plan and, therefore, he could not support the application. Mr. Marsh stated he took the Comprehensive Plan very seriously. He stated the subject property and surrounding properties had been vacant over fifteen (15) years with no prospects for development. He stated he believed, although it appeared that twenty (20) acres of Agricultural (A) zoned property designated for light industrial development would be developed for commercial use, he felt that with the "gateway" (Main Site Road) from Route 360, the northern and western part of the property would ultimately be developed for light industrial use and that an opportunity existed to acquire/develop better quality light industrial development on this site in the future. He stated although he was not totally supportive of this request in its present form, he could not support a motion for denial. Mr. Cunningham stated he felt everyone paid a great deal of attention to the Plans, noting, however, that he had, on occasion, deviated from the guidelines of those Plans, depending upon the circumstances of a particular request. He stated he concurred with Mr. Marsh's comments and, in addition, based on the comments he received relative to the transportation network, development densities/uses and economic development opportunities in the area, he did not perceive that this development would be a detrimental impact to the area. He indicated that reaching a decision on this request had been difficult but it appeared to him that the proffered conditions would ensure that the development would be one of quality. Mr. Miller stated he had not learned a great deal from the public hearing. He stated he did not believe in consensus zoning, but neither did he believe that an applicant had to sacrifice his request to appease his neighbors. He further stated that neither the responses received from staff nor the comments from citizens or the applicant had been of much benefit to him in making a decision and for that reason he intended to rely on the Plan. He stated he felt a persuasive or compelling case was necessary to deviate from a Plan, neither aspect of which was reflected by this request. Mr. Shewmake stated the Commissioner's comments indicate how difficult this request was, the reason being philosophical differences of opinions with respect to land use. He indicated he felt the applicant had acted in good faith and worked exhaustively with the neighborhoods until it was apparent that both groups had reached their absolute limit of compromise. He stated if he felt the proposed request violated the Plan, he would not support it; however, he viewed it as being in compliance with the spirit of the Plan. He stated the proposal provided an opportunity for a quality entrance that would allow good 24 98SN0176/WP/JULY29J regional access to the quadrant which would subsequently result in high-scale development on this property and for this reason, it was important to him that the 1-3 uses be eliminated. Mr. Gulley made a motion for a recommendation of denial of Case 98SN0176. His motion was seconded by Mr. Miller. The vote on the motion was as follows: AYES: Messrs. Gulley and Miller. NAYS: Messrs. Shewmake, Marsh and Cunningham. In response to a request from Mr. Marsh, Mr. Easter agreed to meet briefly with his clients to ascertain if they would consider a reduction in the requested square footage. Mr. Marsh stated that without an additional reduction in the square footage density, he would have difficulty in making a motion to support the request. Mr. Shewmake stated that if both Mr. Gulley and Mr. Marsh opposed this request he would change his vote. The applicant agreed to modify Proffered Condition 15 to reduce the square footage to 450,000 square feet of C-3 uses in Tract II-B east and north of the Main Site Road and in Tracts III and IV. On motion of Mr. Marsh, seconded by Mr. Cunningham, the Commission recommended approval of the request and acceptance of the Proffered Conditions on pages 3 through 8. AYES: Messrs. Shewmake, Marsh and Cunningham. NAY: Mr. Gulley ABSTAIN: Mr. Miller Board of Supervisors' Meeting (5/27/98): The Board remanded this case to the Planning Commission for the purpose of the applicant amending the request in a manner which: (1) maintains the spirk and intent of the Powhite/Route 288 Plan's recommendation for light industrial uses in this area; (2) such that there will be no significant increase in the commercial square footage already zoned generally in the northeast quadrant of the intersection of Route 288 and 360; and 25 98SN0176/WP/JULY29J (3) that appropriate land use transitions between non-residential and residential uses, as suggested by the Plan, are maintained. Further, the Board instructed staff to advertise the case for both the Commission's and Board's consideration in June. Clover Hill District Commissioner and Board Member; Matoaca District Commissioner and Board Member; Area Residents; and Staff (6/11/98): A meeting was held to discuss the proposed development. Neighborhood representatives agreed to provide the applicant with a counter-proPosal which involved the subject property, as well as an adjacent property. Planning Commission Meeting (6/16/98): The applicant accepted the Planning Commission's recommendation. There was opposition present. Concerns were expressed that the proposal does not comply with the Powhite/Route 288 Plan and that a compromise acceptable to all parties had not been reached. In response to questions from Mr. Gulley, Mr. Easter stated the applicants were not in a position to further reduce the 450,000 square footage denSity as such a reduction would render the project economically unfeasible. He stated, in theory, a 350,000 square foot home improvement center could be developed on this site; however, in reality, this project, or any other similar to it, with such a reduction would not be functional or economically feasible. Mr. Miller stated although substantial effort had been undertaken toward compromise/resolution of this matter, it was apparent that the parties involved had reached an impasse and any further discussion would be to no aVail; therefore, he felt it was time to take action. Mr. Gulley indicated that it was his understanding that the case was remanded with specific instructions for the applicants to amend the request in such a way that there would be no significant increase in the commercial square footage already zoned and permitted generally in the northeast quadrant of the intersection of Routes 288 and 360. He stated the request currently before the Commission did not address the Board's principles/instructions when they remanded the case. He stated he did not intend to support the request; he intended to make a motion for denial; his position had not changed; and his position might have changed had there been agreement on the alternative presented by area residents. 98SN0176/WP/JULY29J Mr. Shewmake stated that the Director of Economic Development had indicated that the existence of a rock quarry and a cement plant affects the marketability of the area for high quality type development. He indicated that the current proposal would provide a new "gateway" to the industrial area, thereby enhancing its marketability for high quality development. He stated the reason he felt this proposal was fully consistent with the spirit of the Plan was that the commercial uses would provide the "gateway." He stated he, therefore, thought the proposal to be consistent with the spirit of the Plan. With respect to the guidance forwarded from the Board when the case was remanded, he stated he felt they were just general principles and not binding. He also noted that the infrastructure on this case was staggering and the developer had determined the amount of square footage necessary to ensure that the project would be completed and successful. Mr. Miller stated that the case was a difficult one; however, the case did not differ from that originally considered by the Commission. He stated from his perspective, the burden of proof fell on those who sought to vary from the Plan and, in his view, the Plan should be honored unless there were good reasons not to vary. Mr. Cunningham stated he had hoped there would be substantial changes to the request that would place him in a position to alter his decision, but he had not seen that so far. He stated he still had a comfort level regarding his previous decision and, for that reason, he did not foresee a change in his previous vote. Mr. Marsh stated he believed that there is quality, the "gateway" far outnumbers the negatives to the additional commercial square footage; he believed that this was an appropriate use at this location; and he would vote the same as he had previously voted. Mr. Gulley made a motion to deny the request. Mr. Miller seconded the motion. The vote on the motion was as follows: AYES: Messrs. Gulley andMiller. NAYS: Messrs. Shewmake, Marsh and Cunningham. Mr. Shewmake stated the motion failed and asked for a substitute motion. Mr. Marsh made a substitute motion for approval of the case and acceptance of the proffered conditions on pages 3 through 8. Mr. Cunningham seconded the motion. The vote on the substitute motion was as follows: AYES: Messrs. Shewmake, Marsh and Cunningham. 27 98SN0176/WP/JULY29J NAYS' Messrs. Gulley and Miller. Board of Supervisors' Meeting (6/24/98): The Board remanded this case to the Planning Commission for the purpose of amending the application to include additional property in the northeast quadrant of Hull Street and Warbro Roads. Applicant (6/29/98): The request was amended as discussed herein. Planning Commission Meeting (7/21/98): The applicant accepted the recommendation. There was one (1) person present representing an adjacent property owner to the east along Route 360. He expressed concern that the required Route 360 road improvements would impact the adjacent property. It was indicated that if the road improvements could not be accommodated within the existing right of way, it would be necessary for the developer to negotiate with that property owner for such right of way. On motion of Mr. Gulley, seconded by Mr. Marsh, the Commission recommended approval of this request and acceptance of the proffered conditions on pages 2 through 9. AYES: Messrs. Shewmake, Marsh, Cunningham and Gulley. ABSENT: Mr. Miller. The Board of Supervisors, on Wednesday, July 29, 1998, beginning at 7:00 p.m., will take under consideration this request. 28 98SN0176/WP/JULY29J 0711O198 TEXTUAL STATEMENT 1. AMENDMENT TO CUPD FOR CASE 85515~3 With n:spect to Tract 1, as shown on the plan entitled Chesterfield Crossing-Tract Scheme, prepared by Weaver & Associates and dated July 1, 1998, the following amendments are made to the CUPD granted in Case 85S153: deleted: Thc following use exceptions previously granted in Case 85S 153 are being Bo rooms 2. 3. 4. Cement (hydraulic) manufa~caring Concrete, gypsum and plaster products - manufact,tnng Cut stone and stone products - manufacturing Transportation equipment manufacturing The following additional use exception is requested under the amended CUPD: I. Electrical, plumbing or lleating supply sales, service ,and related display C. Conditions 4, 5, and 6 of Case $5S153 are hereby deleted. i-iU-Ut5 ; IIiUD ; ~KIbFII.I~UI31~N5U)i-' O7110/98 11. REZONING This request is to rezone from Community Business (C-3), General Business (C- 5), Light Industrial (P l), mid Agricultural (A) to the following districts with Conditional Usc Planned Development (CUPD) and proffered conditions, as delineated on the plan entitled Chesterfield Crossing-Tract Scheme, prepared by Weaver & Assuciates and dated July t, 1998 ("Master Plan"): Tracts II-A and II-B Light Indusmal (I- I ) with CUPD to permit C-3 uses in Tract II~B. Tract III Community Business (C-3) with CUPD to permit I-1 uses and bulk exceptions to delete any rear yard setback requirement. Tract IV Light Industriul Cf-l) with CUPD to permit C-3 uses within one hundred (100) feet of thc Tract's southern boundary and a bulk exccption to dclctc any rear yard setback requircunent. Tract V Light Industrial (I-1) with CUPD to p~mnit limited C-1 uses and thc fbllowing C-3 uses: carpenter and cabinetmakers' offices and display room~; contractor's offices and display rooms; and electrical, plumbing or heating supply salea, scrvice and related display rooms Provided that. fbr any such C-3 use, the gros~ floor area of any retail (display) area shall 2 07/10/98 be limited to thirty (30) percent of thc gross floor area of the individual usc, and outside storage shall be prohibited. Convenience Business (C-1) uses permitted pursuant Io this CUPD shall include those uses permitted in the Convenience Business (C-l) District excluding conv~mence storm and gasoline sales; provided that such C-I uses shall be limited to a maximum of 25,000 gross squar~ feet and generally shall be located in the northeast quadrant of the int~-rsection of Warbro Road and Route 360 and d~signed so as to accommodate Light Industrial (I-1) uses to the east along Route 360. DesitmX;uiddinu L H. C BUILDING MA~ AN~ COLOR: SIDEWAIJC DF, SIGN: SIGNAGE.' MASTER PLAN STREET ROA EI(3'iM(]~ VA. I '::l 6SN 0 1'"/6-2 ST. REGENTS LAKE N ~4 98SNOI76(AMENDED) :i~ A TO ~-! W/C.U..P D. ~ A, C-5 8~ ._T-I TO "r-! W/C.U.P.D. ~A,C-5 ~'r-! TO C-5 W/C.U..PD. ]~ AMEND C.U.P.D. SH. 13 a 20 98SN0176 (Amended) In Clover Hill Magisterial District, HOME DEPOT U. S. A., INC. AND IRVING. HORNER requested rezoning and amendment of zoning district map from Agricultural (A), Community Business (C-3), General Business (C-5) and Light Industrial (I-l) to Community Business (C-3) and Light Industrial (I-l) with Conditional Use Planned Development to permit use and bulk exceptions plus amendment of Conditional Use Planned Development Case 85S153 on a tract currently zoned Light Industrial (I-l) relative to curb and gutter, pavement, road improvements and permitted uses. A mix of commercial and 7/29/98 98-549 industrial uses is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. This request lies on 198.7 acres fronting in two (2) places for a total of approximately 3,450 feet on the north line of Hull Street Road, approximately 1,200 feet on the east line and approximately 1,200 feet on the west line of Warbro Road and approximately 1,800 feet on the east line of Route 288, and located in the northeast and northwest quadrants of the intersection of Hull Street and Warbro Roads. GPIN 737-680- 0386; 735-683-Part of 0636; and 738-682-Part of 0134 (Sheets 13 and 20). Hr. Poole presented a summary of Case 98SN0176 and stated that subsequent to the case being remanded to the Planning Commission, the applicant had amended the proposal to comply with the spirit and intent of the Powhite/Route 288 Plan. She indicated that Staff and the Commission now recommend approval and acceptance of the proffered conditions. Hr. John Easter, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Hr. Warren, seconded by Hr. HcHale, the Board approved Case 98SN0176 and accepted the following proffered conditions: The textual statement and the plan entitled Chesterfield Crossing-Tract Scheme, prepared by Weaver & Associates and dated July 1, 1998 shall be deemed the Haster Plan. 2. The public water and wastewater systems shall be used. With the exception of timbering to remove dead or diseased trees which has been approved by the Virginia State Department of Forestry, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department. Prior to any site plan approval for Tracts II-A, II-B, III, or IV, thirty-five (35) feet of right of way on the west side of Warbro Road, measured from the centerline of that part of Warbro Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. Prior to any site plan approval for Tract V, thirty-five (35) feet of right of way on the east side of Warbro Road, measured from the centerline of that part of Warbro Road immediately adjacent to Tract V, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. Prior to any site plan approval for Tract II-A or upon request from the Chesterfield County Transportation Department ("Transportation Department"), whichever occurs first, a sixty (60) foot wide right of way from 7/29/98 98-550 Route 360 via the north/south public road ("Main Site Road") to that portion of the Cheatham parcel that lies east of Route 288 (part of GPIN 733-680-9439), shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The exact location of this right of way shall be approved by the Transportation Department. The maximum density of Tracts I, II-A, II-B, III, and IV, for traffic planning purposes, shall be 486,000 square feet of shopping center, 3,000 square feet of fast food restaurant with drive-through window, and 380,000 square feet of light industrial, or equivalent densities as approved by the Transportation Department. Additional traffic studies may be submitted to and approved by the Transportation Department. If the approved studies demonstrate that additional density can be developed on the property and acceptable levels of service are maintained, as determined by the Transportation Department, the Transportation Department may modify this condition to increase permissible densities. Direct access to Warbro Road and Route 360 for Tracts II-B, III, and IV shall be limited to and generally located as shown on the plan prepared by Barakos- Landino Design Group, titled Chesterfield Crossing - Access Plan, dated March 10, 1998. Direct access to Route 360 for Tract V shall be limited to one (1) entrance/exit, and direct access to Warbro Road for Tract V shall be limited to two (2) entrances/exits. The exact location of accesses to Warbro Road and Route 360 shall be approved by the Transportation Department. Prior to any site plan approval, an access plan for the Main Site Road shall be submitted to, and approved by, the Transportation Department. Access to and from the Main Site Road shall conform to the approved access plan. The plan entitled Chesterfield Crossing-Tract Scheme, prepared by Weaver & Associates and dated July 1, 1998 shall be considered the master road plan. The Main Site Road is included only for illustrative purposes, to show the general location and concept of such road; provided, however, that the road shall be aligned within Tract II-B as far north and east as practicable while accommodating access to Tract II-A and meeting Transportation Department standards. Approval of the plan by the County does not imply that the County gives final approval of any particular road alignment or section. 10. To provide for an adequate roadway system, the developer shall be responsible for the following: a) Construction of an additional lane of pavement along Route 360 (i.e. third westbound through lane), from the eastern property line of Tract V through the Main 7/29/98 98-551 b) c) d) e) f) g) h) Site Road intersection. The exact length of this improvement shall be approved by the Transportation Department; Construction of an additional lane of pavement along Route 360 (i.e. fourth westbound through lane), from approximately 500 feet east of the Main Site Road intersection, west to the Route 288 northbound on ramp. The exact length of this improvement shall be approved by the Transportation Department; Construction of additional pavement along the westbound lanes of Route 360 at each approved access, including the Warbro Road intersection, to provide a separate right turn lane; Construction of additional pavement along the eastbound lanes of Route 360 at the Main Site Road intersection to provide dual left turn lanes. The exact length of this improvement shall be approved by the Transportation Department; Construction of a raised median along the eastbound lanes of Route 360 to preclude northbound Route 288 vehicles from traveling east on Route 360 and turning left onto the Main Site Road, if required, as determined by the Transportation Department. The exact length and design of this improvement shall be approved by the Transportation Department; Construction of the Main Site Road as a public road and as a four lane divided roadway from Route 360 toward the northern boundary of Tract II-B, but tapering to a two-lane roadway prior to reaching the northern boundary of Tract II-B if such taper can be accomplished in accordance with VDOT standards. The Main Site Road shall be constructed through Tracts I and II-A as a two-lane roadway. The exact length and design of this improvement shall be approved by the Transportation Department; Construction of a six (6) lane typical section (i.e. two (2) northbound lanes and four (4) southbound lanes) for the Main Site Road at the Route 360 intersection. The exact length of this improvement shall be approved by the Transportation Department; Construction of additional pavement along the Main Site Road at each approved access to provide left and right turn lanes, if warranted, based on the Transportation Department standards; 98-552 I) j) Full cost of traffic signalization at the Main Site Road/Route 360 intersection, when warranted, based on Transportation Department standards; Construction of additional pavement along the eastbound lanes of Route 360 at the Warbro Road intersection to provide dual left turn lanes. The exact length of this improvement shall be approved by the Transportation Department; k) Construction of additional pavement along Warbro Road to provide a six (6) lane typical section (i.e. two (2) northbound lanes and four (4) southbound lanes) at its intersection with Route 360. The exact length of this improvement shall be approved by the Transportation Department; l) Construction of a raised median along Warbro Road from Route 360 to the southernmost approved access for Tract III onto Warbro Road; m) Construction of additional pavement along Warbro Road at each approved access to provide left and right turn lanes, if warranted, based on Transportation Department standards; n) Full cost of traffic signal modification at the Warbro Road/ Bridgewood Road/Route 360 intersection as required for the improvements set forth in parts a, c, j, k, and 1 of this condition; and o) Dedication to Chesterfield County, free and unrestricted, of any additional right of way (or easements) required for the road improvements identified above. 11. Prior to any site plan approval, a phasing plan for required road improvements, as identified in Proffered Condition 10, shall be submitted to and approved by the Transportation Department. The approved phasing plan shall include a requirement that the Main Site Road be constructed to provide access from Route 360 across the creek to Tract II-A, within three (3) years from the issuance of Certificate(s) of Occupancy for more than three hundred fifty thousand (350,000) square feet of C-3 uses in Tracts II-B, III, and IV. Proffered Conditions Applicable to Tracts II-B, III, and IV 12. The Applicants, their successors and assigns, (hereinafter jointly "the Applicants") shall be responsible for providing to the following individuals, written notice of the submission to Chesterfield County of site plans for C-3 uses: the 7/29/98 98-553 last known president or representative on file with the County Planning Department for the civic associations of Clarendon, Lake Genito, Genito Estates, Glen Tara, Deer Run, Ashbrook, and Woodlake, and the Community Manager of the Brandermill Community Association. Such notification shall occur no later than twenty-one (21) days prior to approval or disapproval of the plan. The Applicants shall provide a copy of the notification letter to the Planning Department. 13. 14. 15. 16. 17. 18. 19. 20. 21. All buildings constructed on the property for C-3 uses shall be compatible in architectural style, materials, colors, and details. Franchise-type out-parcel buildings shall also be compatible to the architectural style, materials, colors, and details which predominate in this portion of the development. Within Tract II-B, the C-3 uses permitted as a use exception and the C-1 uses permitted as restricted uses in an I-1 district shall be limited to: (I) two out-parcels not to exceed in the aggregate 2.5 acres and located generally in the southeast corner of Tract II-B; and (ii) any area of Tract II-B that may fall on the east or north side of the Main Site Road as generally shown on the plan entitled Chesterfield Crossing-Tract Scheme, prepared by Weaver & Associates and dated July 1, 1998. C-3 uses in Tract II-B east and north of the Main Site Road and in Tracts III and IV shall not exceed a total of 450,000 gross square feet. The following C-3 uses shall not be permitted: Multiple-family dwellings and townhouses The pedestrian pathways serving C-3 uses shall include amenities such as benches, trees and/or landscaping, decorative paving, 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. Any lighting fixture mounting located on the property shall not exceed a height of thirty-five (35) feet. All building-mounted business identification signs 98-554 22. 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. An area of approximately five thousand (5,000) square feet shall be provided within Tract III or that portion of Tract II-B that lies north and east of the Main Site Road, for public and semi-public use, such as area civic association events, special commercial events or cultural activities. This area shall be designated through recordation of an open space easement. Buildings shall be sited around the area so as to create and encourage pedestrian activity and other public/semi-public activity. The area shall incorporate amenities to include, but not necessarily limited to, benches for public seating, decorative paving, landscaping, pedestrian scale lighting, or other similar features. 23. 24. The C-3 uses located in Tract III and that portion of Tract II-B that lies north and east of the Main Site Road shall be designed to minimize the linear character typical of strip commercial development through use of building off-sets and other architectural design features and through site design of outparcels to minimize the view from Route 360 of parking areas for those uses and for in-line uses, as determined by the Director of Planning. Prior to or in conjunction with site plan approval for commercial uses in Tracts II-B, III and IV, the Developer shall prepare and record restrictive covenants (the "Covenants") with respect to commercial uses in Tracts II-B, III and IV that provide for review of the architectural treatment of the buildings by an architectural review committee (the "ARC"). Review by the ARC shall be outlined in the Covenants. The recorded Covenants shall incorporate a copy of the Design 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 be submitted to the Planning Department prior to the Planning Department approval of the architectural elevations. 25. The ARC shall include, in addition to the Developer's representatives and property owners, one member from the Brandermill community selected by the Board of the Brandermill Community Association. 26. A maximum of 100 feet of the southern portion of Tract IV shall be permitted Community Business (C-3) uses. Such C-3 uses may only be located in the southern 100 feet of Tract IV if necessary to accommodate the site design of in-line users in Tract III. Proffered Condition Applicable to Tract V 7/29/98 98-555 27. Ayes: Nays: In addition to the Light Industrial (I-1) uses, the following additional uses shall be permitted in Tract V: a) Those uses permitted in the Convenience Business (C-i) District excluding convenience stores and gasoline sales, provided that such uses shall be limited to a maximum of 25,000 gross square feet, and shall generally be located in the northeast quadrant of the intersection of Warbro Road and Route 360 and designed so as to accommodate Light Industrial (I-l) uses to the east along Route 360. b) Carpenter and cabinetmakers' offices and display rooms; contractors' offices and display rooms; and electrical, plumbing or heating supply sales, service and display rooms, provided that for such uses the gross square floor area of any retail (display) area shall be limited to thirty (30) percent of the gross floor area of any individual use, and that outside storage shall be prohibited. Humphrey, Warren, Barber, Daniel, and McHale. None. 98-556