98SN0185.PDFJuly 29, 1998 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
98SN0185
G. H. Cogbill Family Partnership
Matoaca Magisterial District
South line of Iron Bridge Road and west line of Beach Road
REQUEST: Rezoning from Agricultural (A) to Community Business (C-3).
PROPOSED LAND USE:
Commercial and office uses are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION ON PAGE 2 AND
ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 8.
AYES' MESSRS. SHEWMAKE, MARSH, CUNNINGHAM AND GULLEY.
ABSENT: MR. MILLER.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
mo
The proposed zoning and land uses conform to the Central Area Plan which
suggests the request property is appropriate for community mixed use, to include
a mix of shopping center and other commercial and office uses with appropriate
transitions between the higher intensity uses and existing and future area residential
uses.
Bo
The requirements of the Zoning Ordinance, Development Standards Manual,
recommended conditions and proffered conditions ensure compatibility with
existing development in the vicinity of the Chesterfield County Government Center
and with existing and anticipated residential uses to the south, along Beach Road.
The Central Area Plan suggests that new development in proximity to historic
structures in and around the Chesterfield County Government Center should be
architecturally compatible with the Federalist and Colonial architecture of other
such structures in the area. The applicant has proffered an architectural treatment
that reflects the guidelines of the Plan.
Do
The proffered conditions further ensure that the views of the rear of the shopping
center tract from transitional uses on the southernmost portion of the request
property, as well as from existing and anticipated area residential development
south of the request property and from public rights of way, are adequately
addressed.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER OTHER 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.)
(STAFF/CPC)
A seventy-five (75) foot buffer shall be maintained along the southern
property boundary. This buffer shall conform to the requirements of the
Zoning Ordinance for seventy-five (75) foot buffers, Sections 19-520
through 19-522. ~)
PROFFERED CONDITIONS
The application contains two exhibits described as follows:
Exhibit A - Plan entitled "Compiled Plat" prepared by Charles C. Townes & Associates,
P.C., dated January 7, 1998.
Exhibit B - Architectural Elevations entitled "Courthouse Commons Shopping Center,"
prepared by Barlew Neuhoff Architects Incorporated, revised July 13, 1998.
Exhibit C - Plan entitled "Cogbill Property, Master Plan" prepared by Charles C. Townes
& Associates, P.C., revised January 12, 1998. Exhibit C shall be considered only a
general illustration of the proposed development and does not reflect a blueprint for future
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98SN0185/WP/JULY29h
action for the any portion of the property that is not the subject of this application or for
the Property, except as explicitly outlined below.
(STAFF/CPC)
1. Utilities. Public water and wastewater systems shall be used.
(STAFF/CPC) 2.
Timbering. Except for the timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead or
diseased trees, there shall be no timbering on the Property until a
land disturbance permit has been obtained from the Environmental
Engineering Department and the approved devices have been
installed.
STAFF/CPC) 3.
Stormwater Management. Any stormwater management facility will
be designed to meet the following criteria:
No post-development drainage or drainage from the road
widening associated with the development of the Property
shall drain to the pond located on GPIN 771-660-2867,
commonly known as Tyler's Pond;
No post-development drainage from impervious areas shall
be directed to the existing driveway culvert on GPIN 770-
660-3254;
Co
Drainage improvements shall be. designed and constructed to
mitigate potential for erosion and downstream flooding. The
exact design and treatment of the improvements shall be
reviewed and approved at the time of site plan review. Any
storm water management facility that uses the existing
outfall on GPIN 767-661-5216 shall be designed to store a
ten (10) year post-development and a two (2) year pre-
development storm discharge for this Property only. No
additional storage for any existing or future upstream
drainage flowing through the Property shall be incorporated
into this requirement; and
do
Any open basins required for water quantity or quality
control which are engineered to serve 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. At the time of site plan
3 98SN0185/WP/JULY29h
(STAFF/CPC)
Uses.
ao
b°
review, a plan depicting these requirements shall be
submitted to the Planning Department for review and
approval.
The area designated "Shopping Center" on Exhibit A shall
be used for a shopping center and retail outparcels. Except
as qualified herein, uses permitted shall be those uses
permitted by-right and those permitted with restrictions in
the C-3 District except the following uses shall not be
permitted:
nl.
Multi-family housing.
Town_houses.
Cocktail lounges, but not including sit-down
restaurants or cafeterias.
[NOTE: The purpose of this proffer is to
restrict uses that primarily sell on-premises
alcoholic beverages; however, restaurants
with accessory sale of alcoholic beverages
are not intended to be included in this
restriction.]
iv. Pool halls.
v. Pawn shops.
vi. Second hand shops.
The area designated as "Office" on Exhibit A shall be
limited to the following uses:
ii.
111.
iv.
V.
vi.
vii.
Access to any land which is located in an
agricultural, office, business or industrial
district or used for agricultural, office,
business or industrial purposes.
Art school, gallery or museum.
Banks and savings and loan associations.
Brokerages.
Churches and/or Sunday schools.
Communication studios, stations and/or
offices exclusive of towers.
Eyewear sales and service.
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98SN0185/WP/JULY29h
(STAFF/CPC)
(STAFF/CPC)
o
VIII.
ix.
X.
xi.
xii.
XII1.
xiv.
XV.
xvi.
xvii.
XVlll.
Libraries.
Medical clinics.
Messenger or telegraph services.
Offices.
Post office and mailing services.
Nursery schools and child or adult care
centers.
Schools, business, dance, and/or music.
Telephone exchanges.
Underground utility uses except as provided
in section 19-145(a), when such uses are
located in easements or in public rights-of-
way.
Office/warehouse where the retail portion of
the warehouse for each individual tenant
occupies forty percent (40%) or less of the
individual tenant's space. The
loading/warehouse areas shall be oriented
away from any adjacent residential uses;
Such other uses as are deemed "accessory
uses" to those set forth above.
Dedications. Prior to any site plan approval, the following rights-
of-way shall be dedicated, free and unrestricted, to and for the
benefit of Chesterfield County:
ao
Forty-five (45) feet of right-of-way, on the west side
of Beach Road measured from the centerline of that
part of Beach Road immediately adjacent to the
Property, and
bo
Sixty (60) feet of right-of-way, on the south side of
Iron Bridge Road/Route 10 ("Route 10") measured
from the centerline of that part of Route 10
immediately adjacent to the Property.
Access.
ao
Direct access to Route 10 shall be limited to one (1)
entrance/exit, located at the western Property line, as
generally shown on Exhibit A.
5 98SN0185/WP/JULY29h
(STAFF/CPC)
Direct access to Beach Road shall be limited to one
(1) entrance/exit, located approximately midway on
the Beach Road Property frontage (approximately
700 feet from the intersection of Beach Road and
Route 10), subject to site distance requirements. The
location of this access shall be as generally shown on
Exhibit A.
Prior to any site plan approval, an access easement,
acceptable to the Transportation Department, shall
be recorded across the Property to ensure shared
future cross access with the F & M Bank parcel (the
"Bank Parcel," GPIN 770-661-8777). The use of
the easement and any construction required for its
use shall occur if and when the Bank Parcel requires
such access. All improvements necessary to
facilitate the use of the easement shall be the sole
responsibility of others.
Transportation Improvements. To provide an adequate roadway
system, the Developer shall be responsible for the following:
Construction of an additional lane of pavement along the
eastbound lanes of Route 10 for the entire Property frontage;
Construction of additional pavement along the eastbound
lanes of Route 10 at the approved Property accesses to
provide a separate right turn lane at each access;
Construction of a travelway across the Property and through
the adjacent portion of the remaining Cogbill property (part
of GPIN 769-660-7197 and not included in this request) to
the existing full movement median break on Route 10
immediately west of the Beach Road/Route 10 intersection.
The travelway is generally shown on Exhibit C as the
hatched area. The exact location and configuration of this
access may be modified at the time of site plan approval;
(NOTE: This access point and travelway is provided with
the first phase of development in an effort to facilitate access
for future phases of the property located along Route 10.)
98SN0185/WP/JULY29h
(STAFF/CPC)
(STAFF/CPC)
o
°
Construction of additional pavement along the westbound
lanes of Route 10 at the travelway access and the Beach
Road intersections to provide an adequate left turn lane,
provided these improvements shall not include any
relocation or closure of the existing median break
immediately east of the Beach Road intersection. The exact
length of these road improvements shall be approved by the
Transportation Department;
eo
Construction of additional pavement along Beach Road at
the approved Property access to provide left and right turn
lanes based on Transportation Department standards;
fo
Construction of a raised median acceptable to the
Transportation Department on Beach Road from Route 10 to
the southern property line with median breaks at Krause
Road and the Beach Road access. The Beach Road median
access shall be designed and constructed to preclude vehicles
exiting the Property from traveling north on Beach Road.
The Krause Road median access shall be designed to
preclude vehicles traveling southbound on Beach Road from
turmng left into Krause Road, but shall provide for left tums
from Krause Road to southbound Beach Road;
g°
Full cost of traffic signal modifications at the Beach
Road/Lori Road/Route 10 intersection, as required for the
road improvements identified above; and
ho
Dedication to Chesterfield County., free and unrestricted, of
any additional right-of- way (or easements) required for the
improvements identified in Proffered Condition 7 above.
Phasing Plan. Prior to any site plan approval, a phasing plan for the
required road improvements, as identified in Proffered Condition 7,
shall be submitted to and approved by the Transportation
Department.
Architecture. The Property shall have compatible architectural
treatments, colors and materials generally as shown on Exhibit B.
The roof shingles for the center portion of the shopping center
identified as the "Food Store" shall be a simulated slate material.
Alternate roof materials and/or gable features, including the use of
metal roofs, on the remaining portions of the Shopping Center shall
7 98SN0185/WP/JULY29h
(STAFF/CPC)
lO.a.
be permitted as approved by the Director of Planning. The side
elevation closest to Beach Road and extending approximately 60 feet
from the front of the building(s) shall have architectural features,
materials and roof details similar to and integrated with the front
elevation. Except as stated above, alternative and different building
materials (such as split block)shall be permitted on the sides and
rear elevations, provided the use of other materials are compatible
with the Shopping Center. Mullions/muntins similar in appearance
to those at the Chesterfield Meadows Shopping Center shall be used
in the tenant space windows.
NOTE: The determination of the exact colors of the building
materials (including the roofs, brick and block), the size of
window panes in the tenant spaces, and the compatibility of
the architecture shall be made at the time of site plan review.
At such time as the Shopping Center is developed measures shall be
taken to minimize the views of loading and service areas and the
views of the rear elevations of the Shopping Center from the ground
elevation of the future (or existing) development on the Office
portion of the Property and from public rights-of-way. These
measures may include, but are not limited to landscaping, walls,
topography, etc. At the time of site plan review, plans depicting
this requirement shall be submitted to the Planning Department for
review and approval.
Ornamental trees such as magnolia, crepe myrtle, heritage birch,
and crabapple shall be a made a part of the perimeter and surface
parking area landscape requirements. The installation of ornamental
trees shall not be in addition to the Ordinance requirements.
GENERAL INFORMATION
South line of Iron Bridge Road and west line of Beach Road.
(Sheet 31).
Existing Zoning:
A
GPIN 769-660-Part of 7197
98SN0185/WP/JULY29h
Size:
14.2 acres
Existing Land Use:
Vacant
Adjacent Zon/ng & Land Use:
North - A, C-2, and 0-2 with Conditional Use Planned Development; Office, commercial
or vacant
South - A; Single family residential or vacant
East - A, and C-2 with Conditional Use Planned Development; Single family residential,
public/semi-public, office and commercial
West - A; Vacant
UTILITIES
Public Water System:
There is an existing thirty (30) inch water line extending along the south side of Iron
Bridge Road adjacent to the request site. In addition, there is an existing sixteen (16) inch
water line on Beach Road, beginning approximately 400 feet south of Krause Road, which
is adjacent to the request site. The use of the public water system is recommended and has
been proffered. (Proffered Condition 1).
Public Wastewater System:
There is an existing eight (8) inch wastewater collector located in Chanelka Lane, in
Deerfield Estates Subdivision, approximately 2,200 feet northwest of the request site. The
use of the public wastewater system is recommended and has been proffered. (Proffered
Condition 1)
The proposed shopping center tract will tie by a gravity line extension to the existing
wastewater system serving Deerfield Estates Subdivision. Due to the depth of existing
wastewater lines and the topography of the request site, all planned structures will not be
able to access the public wastewater system via gravity service. The proposed office tract
will require the installation of a small, privately maintained pumping station which will
discharge flows into gravity lines built to serve the remainder of the site. The use of a
private pumping station, along with ownership/maintenance agreements, must be approved
by the Director of Utilities. The applicant has been provided with a copy of the County's
9 98SN0185/WP/JULY29h
current policy regarding seeking approval of a private pumping station, and all
requirements regarding the use of a private pumping station.
The request site is part of a larger tract held by the applicant. The applicant has indicated
an intent to develop the remaining acreage for commercial and residential uses. At
ultimate build-out of the planned commercial use, and if actual flows approach current
projections, some existing lines within the Deerfield Estates system will not have sufficient
capacity to handle the flows, thereby necessitating replacement/upgrade of these lines in
the future. The applicant is aware of this possibility and has indicated a willingness to
make the necessary improvements when warranted. Since the anticipated flows to be
generated by the site currently under consideration will not approach that level, the
Utilities Deparunent has not requested a proffer to address this issue at this time. Rather,
this issue will be pursued at such time that zoning is sought on the remainder of the
property.
ENVIRONMENTAL
Drainage and Erosion:
Portions of the request property drain to the south and southwest, through the wooded
front yard of an adjacent single family residence which fronts Beach Road. Other portions
of the request property drain toward Beach Road and ultimately into the Tyler Pond.
There are currently no on-site drainage and erosion problems. However, even with the
stormwater management facilities which already exist upstream of Tyler's pond, the dam
has failed several times and the spillway and dam have recently been repaired. Additional
site drainage or drainage from Beach Road flowing into the pond could increase the
likelihood of further dam failure. Further, any increased drainage to the south could cause
overflow of an existing driveway culvert serving a single family residence along Beach
Road. The proffered conditions ensure that increased runoff from development of the
request property is not directed into Tyler's pond or south along Beach Road. (Proffered
Condition 3)
The applicant has also proffered there will be no timbering on the property until a land
disturbance permit has been issued (Proffered Condition 2). This will ensure that proper
erosion control measures are in place prior to timbering or land disturbance.
PUBLIC FACILITIES
Fire Service:
The request property is currently served by the Airport Fire/Rescue Station, Company
Number 15, and by Rescue 15.
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98SN0185/WP/JULY29h
When the property is developed, the number of hydrants and quantity of water needed for
fire protection will be evaluated during the plans review process. Also, the need to
designate fire lanes will be determined during the review of the aforementioned plans.
Transportation:
This request will not limit development to a specific land use; therefore, it is difficult to
anticipate traffic generation. Based on general office and shopping center trip rates,
development could generate approximately 7,700 average daily trips. These vehicles will
be distributed along Iron Bridge Road (Route 10) and Beach Road which had 1997 traffic
counts of 26,252 and 9,148 vehicles per day, respectively.
The Thoroughfare Plan identifies Route 10 as a major arterial with a recommended right
of way width of 120 to 200 feet, and Beach Road as a major arterial with a recommended
right of way width of ninety (90) feet. The applicant has proffered to dedicate sixty (60)
feet of right of way measured from the centerline of Route 10, and forty-five (45) feet of
right of way measured from the centerline of Beach Road, in accordance with that Plan.
(Proffered Condition 5)
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
Route 10 and Beach Road, should be controlled. The applicant has proffered that direct
access to Route 10 will be limited to one (1) entrance/exit located at the western property
line, and direct access to Beach Road shall be limited to one (1) entrance/exit located
approximately midway of the Beach Road property frontage (Proffered Condition 6.a. and
b). The applicant has also proffered that additional access from the request property to
Route 10 will be provided via a driveway ("travelway") through the remaining Cogbill
property, to the existing crossover on Route 10 located west of the Beach Road intersection.
(Proffered Condition 7.c.)
The Beach Road/Route 10 intersection is controlled by a traffic signal. Traffic generated
by this development could warrant a traffic signal at the proposed access onto Beach Road.
This access will be located approximately 700 feet south of Route 10. Traffic signals this
close together will increase traffic delays and result in congestion. To reduce the
possibility of a traffic signal being needed at the Beach Road access, the applicant has
proffered to construct a raised median along Beach Road from Route 10 to the southern
property line. (Proffered Condition 7.f.). Modified crossovers will be provided: (1) at
the Beach Road access in order to preclude vehicles exiting the request property from
turning north onto Beach Road; and (2) at the Krause Road intersection in order to
preclude vehicles traveling southbound on Beach Road from turning left on Krause Road.
The adjacent parcel located in the southwest corner of the Beach Road/Lori Road/Route
10 intersection has been developed for a bank. In conjunction with that development,
11 98SN0185/WP/JULY29h
direct access was provided to Route 10 and Beach Road. These accesses are located
approximately 200 feet from the Beach Road/Route 10 intersection. As traffic volumes
increase along Route 10 and Beach Road, it will become increasingly difficult to access the
bank site, especially during peak traffic periods. To provide alternative access to the bank
parcel, the applicant has proffered to record an access easement across the property to
allow traffic generated by the bank to use the property's accesses onto Route 10 and Beach
Road (Proffered Condition 6.c.). To prevent increased traffic volumes at the bank
accesses, these two (2) developments should only be connected when both existing accesses
to the bank are closed.
Mitigating road improvements must be provided to address the traffic impact of this
development. The applicant has proffered road improvements that include: 1)
constructing additional pavement along the eastbound lanes of Route 10 to provide an
additional through lane for the entire property frontage and separate right turn lanes at each
proposed access, 2) constructing additional pavement along the westbound lanes of Route
10 at the travelway and Beach Road intersections to provide adequate left turn lanes; 3)
constructing additional pavement along Beach Road at the proposed accesses to provide a
left and right turn lane, based on Transportation Department standards; and 4) providing
full cost of traffic signal modifications at the Beach Road/Lori Road/Route 10 intersection,
if required for construction of the proffered road improvements. (Proffered Condition 7)
At time of site plan review, specific recommendations will be provided regarding access
and internal circulation.
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan which suggests the request property
is appropriate for community mixed uses which include shopping centers and other
commercial and office uses. The Plan further indicates that appropriate land use transitions
should be provided between existing and future residential development and higher
intensity uses.
Area Development Trends:
Properties along this portion of the Iron Bridge Road corridor, in the vicinity of the Iron
Bridge Road/Beach Road intersection, are characterized by a mix of office, commercial
and public/semi-public (Chesterfield County Government Center) uses and by vacant,
agriculturally zoned property, transitioning to single family residences on acreage parcels
south of the intersection, along Beach Road. It is anticipated that these development
patterns will continue in the foreseeable future.
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98SN0185/WP/JULY29h
The adopted Plan suggests that community-scale commercial uses surrounding the
intersection of Beach and Iron Bridge Roads is appropriate provided appropriate land
transitions are provided between such commercial uses and existing and anticipated future
residential uses to the south.
Site Design:
The request property lies within an Emerging Growth Area. New construction must
conform to the requirements of the Zoning Ordinance which address access, parking,
landscaping, architectural treatment, setbacks, signs, buffers, utilities, and screening of
dumpsters and loading areas.
Architectural Treatment:
Within Emerging Growth Areas, no building exterior which would be visible to any
agricultural or office 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 or office 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 adjacent properties and public rights of way and designed to be
perceived as an integral part of the building. The views of junction and accessory boxes
must be minimized from adjacent property and public rights of way. Further, the
architectural treatment of buildings within a project must be compatible.
In addition to the requirements of the Zoning Ordinance, the Central Area Plan suggests
that new development in proximity to historic structures in and around the Chesterfield
County Government Center should be architecturally compatible with the Federalist and
Colonial architecture of structures in the area. The applicant has addressed this concern.
(Proffered Condition 9)
In addition, Proffered Condition 10 would address the views of the rear of the proposed
shopping center from public rights of way, the proposed office tract, existing or anticipated
future residential development to the south. Specifically, Proffered Condition 10 would
require that the views of the rear of the shopping center, which could present a utilitarian,
potentially unattractive appearance to development lying south of the shopping center tract,
be minimized from the office tract, area properties and public rights of way.
13 98SN0185/WP/JULY29h
Buffers & Screening:
The Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters, garbage
cans, trash compactors, etc.) be screened from view of adjacent property and public rights
of way 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.
In addition, sites must be designed and buildings oriented so that loading areas are
screened from any property where loading areas are prohibited and from public rights of
way.
As noted herein, staff has expressed concerns about views into the rear areas of the
proposed shopping center. These concerns include the views into those areas that the
Zoning Ordinance does not require to be screened, such as the service doors of individual
shops and service vehicle driveways, and the views of the rear areas from the proposed
office tract. Such areas have the potential to become cluttered and poorly maintained and
could present an unattractive view from development lying south of the shopping center.
The applicant has addressed this concern. (Proffered Condition 10)
With the approval of this request, outside storage would be permitted as a restricted use.
Outside storage areas must be screened from view of adjacent properties which have no
such areas and public rights of way.
Adjacent property to the south is zoned Agricultural (A), is occupied by a single family
residence or remains vacant, and is designated on the Plan for residential use. The
Development Standards Manual requires a minimum seventy-five (75) foot buffer along
the southern property boundary of the request site, adjacent to the vacant, agriculturally
zoned property. However, no buffer would be required adjacent to the agriculturally
zoned property occupied by a residence unless one were imposed. Given that the Plan
designates this agricultural property for residential use, a buffer similar to that required
adjacent to vacant, agriculturally zoned property should be imposed (Condition).
At the time of site plan review, the Planning Commission could modi~ this buffer under
certain circumstances. In particular, the applicant's conceptual master plan for the request
property and surrounding area (Exhibit C) depicts a possible public road extending along
the southern property boundary of the request site which could provide access to the office
tract and future area development. Should this road ever be developed, the recommended
buffer could be reduced or eliminated. In addition, should concerns about views of the
rear of the proposed shopping center be adequately addressed, these buffers could be
further reduced or eliminated.
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98SN0185/WP/JULY29h
CONCLUSIONS
The proposed zoning and land uses conform to the Central Area Plan which suggests the request
property is appropriate for community mixed uses with appropriate transitions. In addition, the
proffered conditions, together with the requirements of the Zoning Ordinance and recommended
condition ensure compatibility with existing development in the vicinity of the historic Chesterfield
County Government Center and with existing and anticipated residential and non-residential
development to the south, along Beach Road.
Given these considerations, approval of this request is appropriate.
CASE HISTORY
Planning Commission Meeting (4/21/98):
At the request of the applicant, the Commission deferred this case to their May 19, 1998,
meeting.
Staff (4/22/98):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than April 27, 1998, for consideration at the Commission's May
meeting. The applicant was also advised that a $250.00 deferral fee must be paid prior to
the May 19, 1998, Planning Commission meeting.
Applicant (5/4/98):
Revised proffered conditions were submitted.
Applicant (5/19/98):
The $250.00 deferral fee was paid.
Planning Commission Meeting (5/19/98):
At the request of the applicant, the Commission deferred this case to their June 16, 1998,
public hearing.
15 98SN0185/WP/JULY29h
Staff (5/21/98):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than May 25, 1998, for consideration at the Commission's June 16,
1998, public heating. Also, the applicant was advised that a $250.00 deferral fee must be
paid prior to the Commission's public hearing.
Board of Supervisors' Meeting (5/27/98):
On their own motion, the Board of Supervisors deferred this case to July 29, 1998,
pending the Planning Commission's recommendation.
Applicant, Area Citizens, Matoaca Disu'ict Supervisor, Matoaca District Planning Commissioner
and Staff (6/4/98):
A meeting was held to discuss the proposal. Concerns were expressed relative to
architectural treatment, proposed road improvements, landscaping and preservation of
water quality in Swift Creek.
Applicant and Staff (6/11/98):
The applicant submitted revised proffered conditions, as discussed herein.
Staff (6/17/98):
The applicant paid the $250.00 deferral fee.
Planning Commission Meeting (6/16/98):
On their own motion the Commission deferred this case to July 21, 1998.
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98SN0185/WP/JULY29h
Staff (6/17/98):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than June 26, 1998, for consideration at the Commission's July 21,
1998, public hearing.
Staff (7/14/98):
If the Commission acts on this case on July 21, 1998, it will be considered by the Board
of Supervisors on July 29, 1998.
Planning Commission Meeting (7/21/98):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Marsh, seconded by Mr. Cunningham, the Commission recommended
approval of this request subject to the condition on page 2 and acceptance of the proffered
conditions on pages 2 through 8.
AYES: Messrs. Shewmake, Marsh, Cunningham and Gulley.
ABSENT: Mr. Miller.
The Board of Supervisors, on Wednesday, July 29, 1998, beginmng at 7:00 p.m., will take under
consideration this request.
17 98SN0185/WP/JULY29h
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98SN0185
In Matoaca Magisterial District, G. H. COGBILL FAMILY
PARTNERSHIP requested rezoning and amendment of zoning
district map from Agricultural (A) to Community Business (C-
3). Commercial and office uses are planned. The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for community mixed uses. This
request lies on 14.2 acres fronting approximately 420 feet
on the south line of Iron Bridge Road, approximately 250
feet west of Beach Road, also fronting approximately 1,000
feet on the west line of Beach Road, approximately 200 feet
south of Iron Bridge Road. GPIN 769-660-Part of 7197 (Sheet
3i) .
Mr. Poole presented a summary of Case 98SN0185 and stated
that staff and the Planning Commission recommend approval,
subject to one condition and acceptance of the proffered
conditions. He noted that the request conforms to the
Central Area Plan.
John Cogbill, Esquire, representing the applicant, stated
that the recommendation is acceptable. He recognized Mr.
Tom Comparado, the developer of the proposed project, who
was present at the meeting.
Due to someone being present to speak to the request, the
request was placed in its normal sequence on the Agenda.
7/29/98
98-549
98SN0185
In Matoaca Magisterial District, G. H. COGBILL FAMILY
PARTNERSHIP requested rezoning and amendment of zoning
district map from Agricultural (A) to Community Business (C-
3). Commercial and office uses are planned. The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for community mixed uses. This
request lies on 14.2 acres fronting approximately 420 feet
on the south line of Iron Bridge Road, approximately 250
feet west of Beach Road, also fronting approximately 1,000
feet on the west line of Beach Road, approximately 200 feet
south of Iron Bridge Road. GPIN 769-660-Part of 7197 (Sheet
3i) .
Ms. Beverly Rogers presented a summary of Case 98SN0185 and
stated that staff and the Planning Commission recommend
approval, subject to one condition and acceptance of the
proffered conditions. She noted that the request conforms
to the Central Area Plan.
John Cogbill, Esquire, representing the applicant, stated
that the recommendation is acceptable. He noted that the
subject property was previously owned by Mrs. Theo Cogbill
and that her daughter who inherited the property is present
at the meeting this evening to represent the family
partnership. He also noted that Mr. Comparado, the
developer, was also present at
the meeting.
Mrs. Humphrey recognized the great works of Ms. Theo Cogbill
and recognized that this is a difficult issue for the
Cogbill family. She briefly reviewed some of the
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improvements being made by the developer. She stated that
there are concerns relative to the water quality in the
Swift Creek and that run-off from this construction site
needs to be addressed. She recognized that the applicant
has addressed some creative things with wetponds as it
relates to this request.
Mr. Willard Childress expressed concerns relative to the
protection of the environment as it relates to this request.
He requested that staff begin addressing issues such as
BMP's and bio-type of retention ponds, which will improve
the environment of Virginia as construction takes places
throughout the County.
Mrs. Humphrey stated that she is comfortable that traffic,
transportation and architectural standards have been met
regarding this request.
When asked, Mr. Cogbill stated that the pond will be a wet
pond, not a dry pond. He further stated that there would be
grasses and landscaping around the pond that would address
the quality issues addressed by Mr. Childress.
There was brief discussion relative to the BMP, and its
being constructed during the first phase of the project.
Mr. Cogbill stated that some concerns were expressed, by
residents along Beach Road, regarding the future zoning and
development of the remaining portion of the property. He
explained that the remaining portion of the property had
been master planned to show how future development could
occur in compliance with the recommended Plan. He indicated
that issues related to the development of the remaining
portion of the property would be addressed through future
zoning requests. He stated that the applicant is addressing
all transportation improvements as they relate to public
safety. When asked, he stated that the development would be
called "Chesterfield Commons".
Mr. Childress stated that his intent is for the County to
change the philosophy of considering BMP's and the bio-
retention issues as it relates to construction throughout
the County.
Mrs. Humphrey stated that she feels that the County has put
forth a lot of effort towards BMP's and that she feels the
applicant has addressed all area concerns.
Mr. Barber stated that he feels the Planning Commission,
this Board of Supervisors, and staff have contributed many
things, that he would consider environmentally conscious and
that he feels the County places environmental concerns on an
equal plain and, in some cases, on a higher plain, than
other elements of zoning cases.
Mr. Daniel stated that he feels the County has gradually
improved over the years as it relates to considering
environmental concerns and that the County is in the process
of continuous improvement. He further stated that he feels
Ms. Theo Cogbill, previous landowner of the subject
property, would be supportive of the proposed request.
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On motion of Mrs. Humphrey, seconded by Mr. Warren, the
Board approved Case 98SN0185, subject to the following
condition:
A seventy-five (75) foot buffer shall be maintained
along the southern property boundary. This buffer
shall conform to the requirements of the Zoning
Ordinance for seventy-five (75) foot buffers, Sections
19-520 through 19-522. (P)
And, further, the Board accepted the following conditions:
The application contains two exhibits described as follows:
Exhibit A Plan entitled "Compiled Plat" prepared by
Charles C. Townes & Associates, P.C., dated January 7, 1998.
Exhibit B Architectural Elevations entitled "Courthouse
Commons Shopping Center," prepared by Barlew Neuhoff
Architects Incorporated, revised July 13, 1998.
Exhibit C Plan entitled "Cogbill Property, Master Plan"
prepared by Charles C. Townes & Associates, P.C., revised
January 12, 1998. Exhibit C shall be considered only a
general illustration of the proposed development and does
not reflect a blueprint for future action for the any
portion of the property that is not the subject of this
application or for the Property, except as explicitly
outlined below.
1. Utilities.
be used.
Public water and wastewater systems shall
Timbering. Except for the timbering approved by the
Virginia State Department of Forestry for the purpose
of removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance
permit has been obtained from the Environmental
Engineering Department and the approved devices have
been installed.
Stormwater Management. Amy stormwater management
facility will be designed to meet the following
criteria:
No post-development drainage or drainage from
the road widening associated with the
development of the Property shall drain to
the pond located on GrIN 771-660-2867,
commonly known as Tyler's Pond;
No post-development drainage from impervious
areas shall be directed to the existing
driveway culvert on GrIN 770-660-3254;
Drainage improvements shall be designed and
constructed to mitigate potential for erosion
and downstream flooding. The exact design
and treatment of the improvements shall be
reviewed and approved at the time of site
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plan review. Any storm water management
facility that uses the existing outfall on
GPIN 767-661-5216 shall be designed to store
a ten (10) year post-development and a two
(2) year pre-development storm discharge for
this Property only. No additional storage
for any existing or future upstream drainage
flowing through the Property shall be
incorporated into this requirement; and
Any open basins required for water quantity
or quality control which are engineered to
serve 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. At the time of site
plan review, a plan depicting these
requirements shall be submitted to the
Planning Department for review and approval.
4. Uses.
The area designated "Shopping Center" on
Exhibit A shall be used for a shopping center
and retail outparcels. Except as qualified
herein, uses permitted shall be those uses
permitted by-right and those permitted with
restrictions in the C-3 District except the
following uses shall not be permitted:
Multi-family housing.
Townhouses.
Cocktail lounges, but not including
sit-down restaurants or cafeterias.
[NOTE: The purpose of this proffer is to
restrict uses that primarily sell on-
premises alcoholic beverages; however,
restaurants with accessory sale of
alcoholic beverages are not intended to
be included in this restriction.]
iv. Pool halls.
v. Pawn shops.
vi. Second hand shops.
The area designated as "Office" on Exhibit A
shall be limited to the following uses:
ii.
iii.
iv.
Access to any land which is located in
an agricultural, office, business or
industrial district or used for
agricultural, office, business or
industrial purposes.
Art school, gallery or museum.
Banks and savings and loan
associations.
Brokerages.
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v. Churches and/or Sunday schools.
vi. Communication studios, stations and/or
offices exclusive of towers.
vii. Eyewear sales and service.
viii. Libraries.
ix. Medical clinics.
x. Messenger or telegraph services.
xi. Offices.
xii. Post office and mailing services.
xiii.Nursery schools and child or adult care
centers.
xiv. Schools, business, dance, and/or
music.
xv. Telephone exchanges.
xvi. Underground utility uses except as
provided in section 19-145(a), when
such uses are located in easements
or in public rights-of-way.
xvii. Office/warehouse where the retail
portion of the warehouse for each individual
tenant occupies forty percent (40%) or
less of the individual tenant's space. The
loading/warehouse areas shall be oriented
away from any adjacent residential uses;
xviii. Such other uses as are deemed "accessory
uses" to those set forth above.
Dedications. Prior to any site plan approval, the
following rights-of-way shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County:
Forty-five (45) feet of right-of-way, on the
west side of Beach Road measured from the
centerline of that part of Beach Road
immediately adjacent to the Property, and
Sixty (60) feet of right-of-way, on the south
side of Iron Bridge Road/Route 10 ("Route
10") measured from the centerline of that
part of Route 10 immediately adjacent to the
Property.
6. Access.
Direct access to Route 10 shall be limited to
one (1) entrance/exit, located at the western
Property line, as generally shown on Exhibit
A.
Direct access to Beach Road shall be limited
to one (1) entrance/exit, located
approximately midway on the Beach Road
Property frontage (approximately 700 feet
from the intersection of Beach Road and Route
10), subject to site distance requirements.
The location of this access shall be as
generally shown on Exhibit A.
Prior to any site plan approval, an access
easement, acceptable to the Transportation
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98-566
Department, shall be recorded across the
Property to ensure shared future cross access
with the F & M Bank parcel (the "Bank
Parcel," GPIN 770-661-8777) . The use of the
easement and any construction required for
its use shall occur if and when the Bank
Parcel requires such access. Ail
improvements necessary to facilitate the use
of the easement shall be the sole
responsibility of others.
Transportation Improvements. To provide an adequate
roadway system, the Developer shall be responsible for
the following:
Construction of an additional lane of
pavement along the eastbound lanes of
Route 10 for the entire Property frontage;
Construction of additional pavement along the
eastbound lanes of Route 10 at the approved
Property accesses to provide a separate right
turn lane at each access;
Construction of a travelway across the
Property and through the adjacent portion of
the remaining Cogbill property (part of GPIN
769-660-7197 and not included in this
request) to the existing full movement median
break on Route 10 immediately west of the
Beach Road/Route 10 intersection. The
travelway is generally shown on Exhibit C as
the hatched area. The exact location and
configuration of this access may be modified
at the time of site plan approval;
(NOTE: This access point and travelway
is provided with the first phase of
development in an effort to facilitate
access for future phases of the property
located along Route 10.)
Construction of additional pavement along the
westbound lanes of Route 10 at the travelway
access and the Beach Road intersections to
provide an adequate left turn lane, provided
these improvements shall not include any
relocation or closure of the existing median
break immediately east of the Beach Road
intersection. The exact length of these road
improvements shall be approved by the
Transportation Department;
Construction of additional pavement along
Beach Road at the approved Property access to
provide left and right turn lanes based on
Transportation Department standards;
Construction of a raised median acceptable to
the Transportation Department on Beach Road
from Route 10 to the southern property line
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with median breaks at Krause Road and the
Beach Road access. The Beach Road median
access shall be designed and constructed to
preclude vehicles exiting the Property from
traveling north on Beach Road. The Krause
Road median access shall be designed to
preclude vehicles traveling southbound on
Beach Road from turning left into Krause
Road, but shall provide for left turns from
Krause Road to southbound Beach Road;
Full cost of traffic signal modifications at
the Beach Road/Lori Road/Route 10
intersection, as required for the road
improvements identified above; and
Dedication to Chesterfield County, free and
unrestricted, of any additional right-of- way
(or easements) required for the improvements
identified in Proffered Condition 7 above.
Phasing Plan. Prior to any site plan approval, a
phasing plan for the required road improvements, as
identified in Proffered Condition 7, shall be
submitted to and approved by the Transportation
Department.
Architecture. The Property shall have compatible
architectural treatments, colors and materials
generally as shown on Exhibit B. The roof shingles
for the center portion of the shopping center
identified as the "Food Store" shall be a simulated
slate material. Alternate roof materials and/or gable
features, including the use of metal roofs, on the
remaining portions of the Shopping Center shall be
permitted as approved by the Director of Planning.
The side elevation closest to Beach Road and extending
approximately 60 feet from the front of the
building(s) shall have architectural features,
materials and roof details similar to and integrated
with the front elevation. Except as stated above,
alternative and different building materials (such as
split block) shall be permitted on the sides and rear
elevations, provided the use of other materials are
compatible with the Shopping Center. Mullions/muntins
similar in appearance to those at the Chesterfield
Meadows Shopping Center shall be used in the tenant
space windows.
NOTE: The determination of the exact colors
of the building materials (including the
roofs, brick and block), the size of window
panes in the tenant spaces, and the
compatibility of the architecture shall be
made at the time of site plan review.
10.a. At such time as the Shopping Center is developed
measures shall be taken to minimize the views of
loading and service areas and the views of the rear
elevations of the Shopping Center from the ground
elevation of the future (or existing) development on
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the Office portion of the Property and from public
rights-of-way. These measures may include, but are
not limited to landscaping, walls, topography, etc.
At the time of site plan review, plans depicting this
requirement shall be submitted to the Planning
Department for review and approval.
b. Ornamental trees such as magnolia, crepe myrtle,
heritage birch, and crabapple shall be a made a part of
the perimeter and surface parking area landscape
requirements. The installation of
ornamental trees shall not be in addition to the Ordinance
requirements.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
98-569