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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 2 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. 4 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. 10 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. 12 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. 14 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. 16 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 COMPLEX Z¢ TR s ! Z¢ 0 0 N0185 EZ: ATO C-3 31 IRON BRIDGE ROAD ' JIlllL / / / I I I / SHOPPING CENTER / / N OFFICE / EXHIBIT A ROAD I ! t I EXHIBIT C N ~ ~S5/vO/85-Z. 0 ~Lu~ 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 7/29/98 98-562 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. 98-563 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 7/29/98 98-564 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. 7/29/98 98-565 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 7/29/98 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 7/29/98 98-567 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 98-568 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