01SN0120-JAN24H.pdfJanuary 24, 2001 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
01SN0120
(AMENDED)
Ambefleigh, L.L.C.
Magisterial District
Northwest quadrant of Hull Street and Gregorys Pond Roads
~__~._QUEST: (AMENDED) Rezoning from Residential (R-9), Community Business (C-3) and
Corporate Office (0-2) to Community Business (C-3) and Residential Townhouse
(R-TH) with Conditional Use Planned Development to permit exceptions to Zoning
Ordinance requirements.
PROPOSED LAND uSE:
A mixed use development, to include residential, office and comtnercial uses is
planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 7.
STAFF RECOMMENDATION
Reconm~end approval, subject to transportation, fire and capital facilities concerns being
addressed, as discussed herein. This recommendation is made for the following reasons:
Providing a FIRST CHOICE Community Through Excellence in Public Service.
The proposed zoning and land uses conform with the requirements of the Route 360
Corridor Plan which suggests the property is appropriate for community mixed use
and mixed use corridor use, to include shopping centers, other commercial and
office uses and integrated residential projects of densities up to six (6) units per
acre.
The proposed zoning and land uses are representative of and compatible with
existing and anticipated development along this portion of the Route 360 Corridor.
The commercial n-act is located in the Route 360 Corridor Rural Transition Area,
as designated in the Route 360 Corridor Design Guidelines. The Rural Transition
Area is identified as an area with opportunities for unique development which
maintains and enhances the rural and agricultural landscape character. The
proffered conditions, Textual Statement, reinforce the goals of the Plan and the
Design Guidelines.
The proffered conditions do not adequately address the impact of this development
on necessary capital facilities, as outlined in the Zoning Ordinance and the
Comprehensive Plan. Specifically, the need for schools, parks, libraries, fire
stations and transportation improvements is identified in the County's adopted
Public Facilities Plan, FY 2001-2005 Capital Facilities Improvement Program and
Thoroughfare Plan and the impact of this development is discussed herein. The
proffered conditions do not adequately mitigate the impact on schools, capital
facilities, thereby insur'mg adequate service levels are maintained and protecting the
health, safety and welfare of County citizens.
The proposal does not provide for a second public road access to the residential
development, thereby insuring sufficient emergency access.
The proposal fails to comply with the Route 360 Corridor Plan with respect to
access to Route 360, as discussed in the Transportation Section of this "Request
Analysis".
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE
RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC) 1.
Master Plan. In addition to the following conditions, the
Conceptual Plan prepared by Balzer and Associates, Inc., dated
2 01SN0120/WP/JAN24H
November 3, 2000, entitled "Amberleigh Conceptual Plan," and the
Textual Statement dated November 3, 2000, shall be considered the
Master Plan. With respect to the Conceptual Plan, relative to the
residential development, the location of the dwelling units; open
spaces, recreational areas, roads, accesses, driveways and parking
areas need not be exactly as shown on the Conceptual Plan;
however, the concepts of the Plan shall be generally adhered to such
as the orientation of dwelling units to one another, to common
parking areas, to open spaces and to spaces and to rights of way;
landscaped setbacks, the orientation of dwelling units such that the
number of garage doors opening to any individual street are
minimized; the clustering of dwelling groups around common
parking areas; and pedestrian links to the commercial development.
(STAFF/CPC)
(cPc)
With respect to the Conceptual Plan relative to the commercial
development, the location of the buildings, roads, accesses,
driveways and parking area need not be exactly as shown on the
Conceptual Plan; however, the concepts of the Plan shall be
generally adhered to such as pedestrian links to the residential
development; buildings surrounding courtyards; articulation of
buildings to reinforce sense of entry; development of an east/west
road through the project with associated pedestrian system, street
trees, on-street parking and street lights; and parking aggregated to
the rear or sides of buildings. (P)
2. The public water and wastewater systems shall be used. (U)
Cash Proffer. The applicant, subdivider, or assignee (s) shall pay
the following to the County of Chesterfield, prior to the issuance of
a building permit, for infrastructure improvements within the
service district for the property for each dwelling unit in excess of
ninety-eight (98) units:
The amount approved by the Board of Supervisors not to
exceed $6,084.00 per dwelling unit adjusted upward by any
increase in the Marshall and Swift building cost index
between July 1, 2000 and July 1 of the fiscal year in which
payment is made if paid after June 30, 2001. At the time of
payment, the $6,084.00 will be allocated among facility
costs as follows: $1,717.00 for schools, $773.00 for parks,
$243.00 for libraries, $244.00 for fire stations, and
$3,107:00 for transportation facilities if paid prior to July 1,
3 01SN0120/WP/JAN24H
(STAFF/CPC
(STAFF/CPC
(STAFF/CPC
2001. Thereafter, such adjusted payment shall be prorated
as set forth above.
If any of the cash proffers are not expended for the purposes
designated by the Capital Improvement program within
fifteen (15) years from the date of payment, they shall be
returned in full to the payor. (B&M)
Storm Water Management Facilities or BMP's. Any open basins
required for water quantity or quality control that are visible from
public roads or from residences shall be landscaped or otherwise
improved so that facilities become visual m~hancements to, and
amenities for, the uses developed on the property. At the time of
tentative subdivision review and site plan review, a plan depicting
this requirement shall be submitted to the Planning and
Environmental Engineering Departments for review and approval.
(P & EE)
Access to Hull Street Road. Direct access from the property to Hull
Street Road shall be limited to two (2) entrances/exits. These
accesses shall be located as generally shown on the Conceptual
Plan. The exact location of these accesses shall be approved by the
Transportation Department. (T)
Right of Way Dedication.
Special Access Street. In conjunction with the recordation
of the initial subdivision plat or prior to any site plan
approval, which ever comes first, a fifty (50) foot wide right
of way for a special access street from Gregory Pond Road,
through the property, to the western property line, shall be
dedicated, free and unrestricted, to and for the benefit of
Chesterfield County. The exact location of this right of way
shall be approved by the Transportation Department.
Gregory Pond Road. Prior to any site plan approval, thirty
(30) feet of right of way on the west side of Gregory Pond
Road, measured from the centerline of that part of Gregory
Pond Road immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the benefit of
Chesterfield County. (T)
4 01SN0120/WP/JAN24H
(STAFF/CPC)
Transportation Improvements. To provide an adequate roadway
system at the time of complete development, the Developer shall be
responsible for the following:
Construction of additional pavement along the westbound
lanes of Hull Street Road at each approved access and at the
Gregory Pond Road intersection to provide separate right
turn lanes, based on Transportation Department standards;
Construction of additional pavement, along the eastbound
lanes of Hull Street Road at the Gregory Pond intersection
to provide an adequate left turn lane, as determined by the
Transportation Department;
Construction of a two (2) lane special access street from
Gregory Pond Road to the western property line;
Construction of a four (4) lane typical section (i.e. one (1)
northbound lane and three (3) southbound lanes) for Gregory
Pond Road/special access street at its intersection with Hull
Street Road. The exact design for this improvement shall be
approved by the Transportation Department;
Full cost of traffic signal modification at the Gregory Pond
Road/Hull Street Road intersection as required by the
Transportation Department;
Construction of additional pavement along the eastbound
lanes of Hull Street Road at the site road that aligns the
Lynchester Drive intersection ("site road") to provide an
dual left turn lane as determined by the Transportation
Department;
Construction of a five (5) lane typical section (i.e., two (2)
northbound lane and three (3) southbound lanes) for site
road at its intersection with Hull Street Road;
Full cost of traffic signal installation at the site
road/Lynchester Drive/Hull Street Road intersection, if
warranted as determined by the Transportation Department;
and
5 01SN0120/WP/JAN24H
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
10.
Dedication to Chesterfield County, free and unrestricted, of
any additional right-of-way (or easements) required for the
improvements identified above. (T)
11.
Transportation Phasing Plan. Prior to any construction plan
approval or site plan approval, whichever occurs first, a phasing
plan for the required roadway improvements, as identified in
Proffered Condition 7, shall be submitted to and approved by the
Transportation Department. (T)
Timbering Restriction. Except for t'unbering 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. (EE)
Office/Commercial Building Size Restriction. Other than one (1)
single C-3 user (excluding any use permitted by right or with
restrictions in the O-1 District) which may not exceed 60,000 gross
square feet, no other individual C-3 user (excluding any use
permitted by right or with restriction in the O-1 district) shall
exceed 20,000 gross square feet. Individual buildings shall not
exceed 15,500 gross square feet unless such building is designed to
incorporate a variety of off-sets, other architectural variations or
other features so as to avoid monotonous facades and bulky masses.
(P)
Recreation. There shall be no active outdoor recreation including
docks provided within 400 feet of Gregory's Pond. This shall not
preclude passive recreation such as benches, paths, gazebos, etc.
within 400 feet of Gregory's Pond provided such uses are located
so as to minimize their impact on adjacent properties. Signs shall
be posted along the boundaries of the property adjacent to Gregory's
Pond indicating "No Trespassing - Private Pond." The design of
the signs shall be compatible with the residential character of the
area. The exact design of the signs shall be approved by the
Planning Department. The common area recreational amenities
shall not include playground equipment, play fields or other
facilities primarily associated with children's play. Adult facilities
including, but not limited to, swimming pools, putting greens or
shuffleboard shall be permitted. (P)
6 01SN0120/WP/JAN24H
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
12.
13.
14.
15.
Drainage.
All portions of the developed project area that drain directly
or indirectly to Gregory's Pond shall not opt out of the
Chesapeake Bay Act requirements. In addition, to the extent
practical, drainage will be diverted away from Gregory's
Pond.
A drainage study shall be submitted to the Chesterfield
County Environmental Engineering Department
documenting that stormwater shall be retained on site based
upon the post development 2, 10 and 100 year storm and the
release rate shall be such that it will not cause the peak pre-
development 2, 10 and 100 year storms for Gregory's Pond
(as analyzed at the existing dam) to be increased.
Stormwater shall be retained on site and released at the
capacity of the existing culvert at Gregory Pond Road and
Route 360 or improvements shall be made to the culvert to
meet current VDOT criteria. (EE)
Other than access to accommodate road improvements, there shall
be no access to Gregory Pond Road until such time as Gregory Pond
Road is improved in accordance with Proffered Condition 7.D. (T)
Until such time as the project is fully developed and all initial
occupancy permits have been granted, all exterior constmction
activity shall be limited to between the hours of 6:00 am and 9:00
pm. This condition shall not preclude interior construction activity
once the structure is enclosed by walls and a roof. (P)
The emergency access shown on the Conceptual Plan shall be
constructed prior to the issuance of more than fifty (50) building
permits. In addition, prior to release of more than fifty (50)
building permits, this emergency access shall tie into driveways or
roads within the commercial tract so as to accommodate emergency
vehicular movements from the R-TH tract to Route 360 via a
driveway or road which connects to Gregory Pond Road. (F)
7 01SN0120/WP/JAN24H
GENERAL INFORMATION
Location:
Located in the northwest quadrant of the intersection of Hull Street and Gregorys Pond
Roads. Tax ID 751-688-8252 and 9232, 751-689-9218, 752-688-5413, and 753-688-2922
and 4302 (Sheet 10).
R-9, 0-2 and C-3
Sige:
41.6 acres
Existing Land Use:
Single family residential or vacant
Adjacent Zoning and Land Use:
North - R-15 and A; Single family residential or vacant
South - A, 0-2 and C-2; Public/semi-public (church), single family residential, office or
vacant
East - A and 0-2; Single family residential or vacant
West - A; Single family residential or vacant
UTILITIES
Public Water System:
There is an existing 24 inch water line extending along the north side of Hull Street Road,
adjacem to the request site. In addition, there is an existing six (6) inch water line
extending along the east side of Gregory Pond Road adjacent to the easternmost portion
of the requests site. Use of the public water system is intended and has been proffered.
(Proffered Condition 2)
Public Wastewater System:
Them is an existing twelve (12) inch wastewater collector extending along the south side
of Gregory's Pond and terminating adjacent to the northern boundary of the request site.
8 01SN0120/WP/JAN24H
Use of the public wastewater system is intended and has been proffered. (Proffered
Condition 2)
ENVIR~
Drainage and Erosion:
The majority of the property drains north to Gregory's Pond. The southeast corner of the
property drains toward Route 360 and then under either Gregory Pond or Hull Street Road
to Falling Creek. There are no existing or anticipated, on- or off-site, drainage or erosion
problems. To address potential drainage problems, the applicant has agreed to either
enlarge the recently installed culvert at the intersection of Gregory Pond and Hull Street
Roads or retain water on-site to ensure the existing pipes meet VDOT criteria. (Condition
12.C.)
The applicant has proffered that, with the exception of timbering which has been approved
by the Department of Forestry to remove dead or diseased trees, there will be no timbering
until a land disturbance permit has been obtained from the Environmental Engineering
Department (Proffered Condition 9). This will insure that proper erosion control measures
are in place prior to any timbering and related land disturbance.
Water Quality:
A wide Resource Protection Area (RPA) and floodplain exist to the rear of the property
along Gregory's Pond. The RPA cannot be disturbed except to accommodate water
dependent uses.
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the FY 2001-2005 Capital Improvement Program. This
development will have an impact on these facilities.
Fire Service:
This property is currently served by the Manchester Fire/Rescue Station, Company Number
2 and Manchester Rescue Squad. When the property is developed, the number of hydrants
and quantity of water needed for fire protection will be evaluated during the plans review
process. The Public Facilities Plan indicates that emergency service calls are expected to
increase forty-five (45) percent by 2015. Eight (8) new fire/rescue stations are recommended
for construction by 2015 in the Public Facilities Plan. Based on forty-three (43) additional
dwellings, this request will generate approximately seven (7) emergency calls for fire and
9 01SN0120/WP/JAN24H
rescue services per year. The applicant has offered measures to assist in addressing the
impact of this development on tim and rescue capital facilities. (Proffered Condition 3)
The emergency access shown on the Conceptual Plan is not an acceptable substitute to satisfy
the requirements of the Subdivision Ordinance. This requirement is to provide emergency
personnel access to residents living in this development should an entrance become
blocked. While the applicant has proffered conditions to insure a second access via private
drives, the Fire Department does not support private drives as a second means of access.
A public gas line runs generally east and west through the property. The setback of
improvements from this gas line will be addressed at time of tentative subdivision and site
plan review.
Schools:
Approximately twenty-four (24) school age children could be generated by this
development. The site lies in the Providence Elementary School attendance zone: capacity
- 750, enrollment - 627; Providence Middle School zone: capacity - 1,070, enrollment -
1,154; and Monacan High School zone: capacity - 1,750, enrollment - 1,524.
This development will have impact on area schools. There are currently seven (7) trailers
at Providence Middle School. The applicant has agreed to participate in the cost of
providing for area school needs; however, the proffer does not fully address the impact of
this proposal on school capital facilities. (Proffered Condition 3)
Libraries:
Consistent with Board of Supervisors policy, the impact of development on library services
is assessed Countywide. Based on projected population growth, The Chesterfield County
Public Facilities Plan (1995), identities a need for additional library space throughout the
County. Taking into account the additional space provided by the two currently funded
projects, the new La Prade and Chester Libraries, them is still a projected need for 55,000
additional square feet of library space Countywide by 2015.
The development of this property would most likely impact library services in the La Prade
service area. The new La Prade Library was identified as a need in the Public Facilities
Plan based on projected cumulative growth. The applicant has agreed to participate in the
cost of providing for area library needs. (Proffered Condition 3)
10 01SN0120/WP/JAN24H
Parks and Recreation:
The l~ identifies the need for two (2) new regional parks. In addition,
there is a shortage of community park acreage in the northern area. The Public Facilities
Plan identifies a need for 120 acres of community park space by 2015. This development
will have an impact on parks and recreational facilities. The applicant has offered
measures to assist in addressing the impact of this development on these facilities.
(Proffered Condition 3)
Transportation:
The Master Plan subdivides the property into two (2) tracts; a residential townhouse (R-
TH) tract and a commercial (C-3) tract. The textual statement limits development of the
R-TH tract to 5.4 dwelling units per acre (Textual Statement II. G.). This proffer would
allow development of 140 units within the R-TH tract. This request will not limit
development of the C-3 tract to specific land uses; therefore, it is difficult to anticipate
traffic generation from development of that tract. Based on townhouse and shopping center
trip rates, development could generate approximately 9,940 average daily trips. These
vehicles will be distributed along Hull Street Road (Route 360) which had a 1999 traffic
count of 46,000 vehicles per day.
The Route 360 Corridor Plan was approved by the Board of Supervisors in May 1995.
The Plan recommends the development of several collector roads throughout parts of the
Corridor, and identifies specific crossover locations along Route 360 that should be
signalized. The Plan further recommends that Route 360 crossovers within the Corridor
that are not identified for traffic signalization should be closed. Staff cannot support this
rezoning request because the proposed access to Route 360 for this development is not in
conformance with the Route 360 Corridor Plan.
The Master Plan proposes construction of a road system that would focus most of the
traffic generated by this development to the Lynchester Drive crossover on Route 360. As
a result, it is anticipated that a traffic signal will be warranted at that crossover. Installing
additional traffic signals along major arterials, like Route 360, increases traffic delays and
results in mainline congestion. Therefore, the number of traffic signals along Route 360
should be minimized, as identified in the Route 360 Corridor Plan.
The intersection of Gregory Pond Road and Route 360 is controlled by a traffic signal.
As previously noted, the Route 360 Corridor Plan identifies specific crossovers along
Route 360 which should be controlled by traffic signals. The Plan identifies Gregory Pond
Road/Fordham Road crossover as one of those signalized intersections. The Plan further
recommends that crossovers along the Route 360 corridor that are not recommended for
signalization, should be closed. The Plan states that unsignalized crossovers on six (6) or
more lane roadways generally do not function safely due in part to the time required to
11 01SN0120/WP/JAN24H
cross multiple lanes against oncoming traffic, the stacking of vehicles in crossovers waiting
for breaks in the traffic stream and the blocking of sight distance by on-coming traffic.
Lynchester Drive, which is located on the south side of Route 360 opposite the property,
is served by an existing crossover. The Plan recommends that the closing of the Lynchester
Drive crossover should not occur until alternative access to a signalized intersection is
provided for existing developments that are served by this crossover.
The proposed site access ("Site Access Road") that aligns the Lynchester Drive crossover
could be designed with a raised island within the access to restrict left turn movements at
the crossover. This alternative design would allow the crossover to continue to serve the
existing development on the south side of Route 360 in accordance with the Route 360
Corridor Plan, and not cause this crossover to require signalization as a result of this
proposed development. The major access for this proposed development could be provided
via the existing signalized crossover on Route 360 that serves Gregory Pond Road.
The Thoroughfare Plan, as amended by the Route 360 Corridor Plan, recommends an
east/west collector road on the north side of Route 360, extending from Gregory Pond
Road, west to the Oxbridge Road intersection. The applicant has proffered to dedicate a
fifty (50) foot wide right of way for a special access street from Gregory Pond Road
through the property, in accordance with that Plan (Proffered Condition 6. A.). The
applicant has also proffered to dedicate thirty (30) feet of right of way measured from the
centerline of Gregory Pond Road, in accordance with the Zoning Ordinance. (Proffered
Condition 6. B.)
The C-3 tract must be developed in accordance with the Zoning Ordinance, relative to
access and internal circulation (Division 5). Access to major arterials, such as Route 360,
should be controlled, l~ne applicant has proffered that direct access from the property to
Route 360 will be limited to two (2) entrances/exits, as generally shown on the Conceptual
Plan (Proffered Condition 5). Additional access from the property to Route 360 is
anticipated to be provided via Gregory Pond Road.
Mitigating road improvements must be provided to address the traffic impact of this
development. The applicant has proffered to: 1) construct additional pavement along
Route 360 at each approved access and at the Gregory Pond Road intersection to provide
separate right turn lanes; 2) construct additional pavement along eastbound lanes of Route
360 at the Gregory Pond Road intersection to provide an adequate left turn lane; 3)
construct two (2) lanes of an east/west special access street from Gregory Pond Road to
the western property line; 4) construct a four (4) lane typical section for Gregory Pond
Road at its intersection with Route 360; 5) full cost of traffic signal modification at the
Gregory Pond Road/Fordham Road/Route 360 intersection; 6) construct additional
pavement along the eastbound lanes of Route 360 at the site road access intersection to
provide dual left turn lanes; 7) construct a five (5) lane typical section for the Site Access
12 01SN0120/WP/JAN24H
Road at Route 360; and 8) full cost of traffic signalization at the Site Access
Road/Lynchester Drive/Route 360 intersection, if warranted. (Proffered Condition 7)
The Th u hfare P1 identifies the need to improve existing roads, as well as construct
new roads to accommodate gro~h. Area roads need to be improved to address safety and
accommodate the increase in traffic generated by this development. The applicant has
proffered to contribute cash towards addressing this impact for each townhouse unit
constructed in excess of ninety-eight (98) units. (Proffered Condition 3)
The applicant is requesting modification to current Zoning Ordinance requirements that all
residential townhouse lots front on a public street, or have access via a common right of
way within 500 feet of a public street. As requested, the applicant will be required to
construct all streets which accommodate general traffic circulation within the R-TH tract
to Virginia Department of Transportation (VDOT) standards (Textual Statement II.D.).
By having these streets accepted into the State Highway System, it will insure their long
term maintenance. The condition allows staff to approve private streets within this
residential development, if it is determined that they cannot ye designed to State standards.
If staff approves any private streets, the condition also re£tres the developer to provide a
plan for their continual maintenance. The applicant is unwilling to modify the proposed
access from the property to Route 360 in accordance with the Route 360 Corridor Plan.
Without this commitment, the Transportation Department cannot support this request.
13 01SN0120/WP/JAN24H
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 43' 1.00
Population Increase 118.25 2.75
Number of New Students
Elementary 11.18 0.26
Middle 5.59 0.13
High 6.88 0.16
TOTAL 23.65 0.55
Net Cost for Schools 154,499 3,593
Net Cost for Parks 34,787 809
Net Cost for Libraries 10,922 254
Net Cost for Fire Stations 10,965 255
Average Net Cost for Roads 139,836 3,252
TOTAL NET COST 351,009 8,163
*Based on a limit of units less those permitted prior to his rezoning request. (Textual Statement,
II., G.)
As noted, this proposed development will have an impact on capital facilities. Staff has calculated
the fiscal impact of every new dwelling unit on schools, roads, parks, libraries and fire stations
at $8,163 per unit. The applicant has been advised that a maximum proffer of $7,800 per unit
would defray the cost of the capital facilities necessitated by this proposed development. The
applicant has offered an amount less than the maximum acceptable amount. (Proffered Condition
3)
Note that circumstances relevant to this case, as presented by the applicant, have been reviewed
and it has been determined that it is appropriate to accept the maximum cash proffer in this case.
The Planning Commission and the Board of Supervisors, through their consideration of this
request, may determine that there are unique circumstances relative to this case that may justify
acceptance of proffers below the value of the maximum acceptable amount.
14 01SN0120/WP/$AN24H
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Route 360 Corridor Plan which suggests the property is
appropriate for community mixed use and mixed use corridor uses. Specifically, the Plan
supports community-scale development, to include shopping centers, other commercial and
office uses and integrated residential projects of densities up to six (6) units per acre along
the Route 360 frontage. The Plan supports mixed uses to include residential developments
incorporating high quality architectural features and site amenities using cluster designs to
maintain open space at densities up to six (6) units per acre orth of the Corridor.
Area Development Trends:
Area development is characterized by a mix of commercial, office and agricultural zoning
and land uses along the Route 360 Corridor. Area development north and south of the
corridor is characterized by residential zoning and land uses. The route 360 Corridor Plan
anticipates construction of a collector road connecting the Oxbridge Road and Gregory
Pond Road/Fordham Road intersections to provide existing and future development with
access to signalized intersections, and to accommodate travel between adjacent areas along
the Corridor without requiring the use of Route 360. This proposal incorporates the
mixture of uses suggested as appropriate by the Plan in the vicinity of this collector road
and the Gregory Pond Road/Route 360 intersection.
Zoning History:
On May 23, 1984, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved rezoning and Conditional Use Planned Development
(Case 84S049) to permit a mixed use development on most of the subject property.
Specifically, the approval allowed for construction of a shopping center and office uses
along Route 360, with two family dwelling units tot he north. Tiqe commercial and office
tracts were to the designed in a "Village" style with small buildings cluster around green
spaces.
On July 24, 1985, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved rezoning and an amendment to Case 84S049 on a portion
of the request site. (Case 85S052). This amendment accommodated the possibility of
construction of a typical strip shopping center.
15 01SN0120/WP/JAN24H
Site Design:
Overall:
The applicant has submitted a conceptual plan depicting commercial and office
development fronting on Hull Street Road, as well as on both sides of a special
access road that rum through the property generally parallel to Hull Street Road.
The plan further depicts residential development behind the commercial and office
uses. Two (2) accesses are shown to Hull Street Road. In addition, an emergency
access is shown between the commercial/office tract and the residential tract.
Sidewalks are shown on both sides of all roads which provide general circulation
through the development. Within the residential tract is also shown a community
area that is centrally located within the development. Landscape setbacks are
shown to provide separation from the residential development to the adjacent single
family residential homes and vacant agricultural properties. (Proffered Condition
In response to concerns of area residents, the applicant has proffered conditions
that address the location of active and passive recreation areas with respect to their
proximity to Gregory's Pond; limitations on access to Gregory Pond Road until
certain road improvements are made; and a limitation on hours of exterior
construction. (Proffered Conditions 11, 13 and 14)
Commercial Tract:
The C-3 tract lies within the Hull Street Road Emerging Growth Area and is also
located along that portion of Hull Street Road subject to the requirements of the
Zoning Ordinance for the Route 360 Highway Corridor District (Rural Transition
Zone). Redevelopment of the site or new construction must conform to the
applicable Zoning Ordinance standards which address access, parking, landscaping,
architectural treatment, setbacks, signs, buffers, utilities and screening of
dumpsters and loading areas.
Within the Rural Transition Zone, special development standards would apply to
any nonresidential development on the request property. These standards require
special landscaping within parking areas; pedestrian links between uses; articulation
of buildings to reinforce sense of entry; the provision of open space; the
arrangement of commercial buildings to form a courtyard; and the architectural
treatment of commercial buildings. The applicant has incorporated several of these
design elements into this proposal. In addition, the applicant has included that any
open basins be improved so that they will become visual enhancements (Proffered
Condition 4). The Textual Statement addresses general requirements for the entire
development relative to locations of the street trees and sidewalks which are to be
16 01SN0120/WP/JAN24H
provided (Textual Statement I A. & B.) The applicant plans to develop this project
with a "village character". The village standards of the Zoning Ordinance allows
improved, designated parking spaces in public rights of way to be counted toward
the required number of parking spaces, under certain circumstances. To enhance
the village character, on-street parking is proposed. The Textual Statement would
allow these spaces to be counted toward the required spaces (Textual Statement
III.i.). At the time of site plan review for any development on the request
property, consideration must be given to how these requirements, as they apply to
this site, would be accomplished.
In order to create a development that meets the spirit and intent of the Route 360
Corridor Design Guidelines, the applicant has agreed to limit the size of buildings
in the C~3 portion of this development. (Proffered Condition 10)
Residential:
Within the R-TH area, the Textual Statement and Conceptual Plan will allow
construction of "cluster-type" residential units. Street trees, sidewalks and other
amenities are proposed consistent with standards required for similar developments
in the County.
While the applicant is requesting exceptions to the development standards of
Residential Townhouse (R~TH) developments, the proffered conditions and Textual
Statement provide measures to achieve superior design quality and housing
sustainability for the residential portion of this proposal.
Architectural Treatment:
Commercial:
Based on current Zoning Ordinance requirements, architectural treatment of
buildings, including materials, color and style, must be compatible with buildings
located within the same project. Compatibility may be achieved through the use of
similar building massing, materials, scale, colors and other architectural features.
Current Ordinance requirements state that no building exterior which would be
visible to any A, R, R-TH or O 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 A, R or R-TH District or any public right of way. No
17 01 SN0120/WP/JAN24H
building exterior may be constructed of unpainted concrete block or corrugated
and/or sheet metal.
Currently, all junction and accessory boxes except those not visible from beyond
the project must be minLm'~_ed from view of adjacent property and public rights of
way by landscaping or architectural treatment integrated with the building served.
Mechanical equipment, whether ground-level or rooftop, must be screened from
view of adjacent property and public rights of way and designed to be perceived as
an integral part of the building.
Residential:
With respect to the architectural treatment in the R-TH tract, the Textual Statement
requires that the style of dwelling units and materials be similar to the attached
elevations. The elevations depict a variety of housing styles which complement
each other (Textual Statement II., E.). The applicant has also agreed to limit the
height of dwelling units, in response to concerns of area residents.
Buffers and Screening:
Currently, the Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters,
garbage cans, trash compactors, etc.) be screened by a masonry or concrete wall which
is constructed of comparable materials to, and designed to be compatible with, the
principal building that such area serves, solid wall, fence, dense evergreen planting or
architectural feature. Currently, the Ordinance precludes the servicing of such areas
within 1,000 feet of any A, R, or R-TH Districts between 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.
With the approval of this request, outside storage would be permitted as a restricted use
in the C-3 portion of this development. Outside storage areas must be screened from view
of adjacent properties which have no such areas and public rights of way.
The Zoning Ordinance will require a minimum 75 foot buffer along the boundary between
the C-3 and R-TH zoning. This buffer would be required on the C-3 property unless
modified at the time of site plan review. It should be noted that the Conceptual Plan fails
to accommodate this buffer requirement. While it may be appropriate to allow reduction
of the buffer to accommodate a better integrated project, special design measures should
be employed to insure compatibility between the residential and commercial uses. At the
time of site plan review, the Planning Commission may modify this buffer under certain
circumstances.
18 01SN0120/WP/JAN24H
While there is no requirement to provide a buffer between the R-TH property and adjacent
agriculturally zoned property, the applicant, in response to concerns of adjacent property
owners has agreed to provide twenty-five (25) and fifty (50) foot landscaped setbacks
adjacent to these parcels. Further, tree retention is required in some areas. (Textual
Statement II. J.)
CONCLUSIONS
The proposed zoning and land uses conform to the Route 360 Corridor Plan which suggests the
property is appropriate for community mixed uses and mixed use corridor uses, to include
shopping centers, other commercial and office uses and integrated residential projects having
densities up to six (6) units per acre. In addition, the proposed zoning and land uses are
representative of, and compatible with, existing and anticipated development along this portion
of the Route 360 corridor.
The request property is located in the Route 360 Corridor Rural Transition Area. The Rural
Transition Area is identified as an area with opportunities for tmique development which maintains
and enhances the rural and agricultural landscape character. The proffered conditions, Textual
Statement and requirements of the Zoning Ordinance further ensure land use compatibility with
area development and development consistent with the Route 360 Corridor Plan. However, the
proposal fails to fully address the impact on capital facilities and Transportation and Fire
Departments' concerns, as discussed herein. If these concerns could be adequately addressed,
approval of this proposal would be appropriate.
CASE HISTORY
Applicant (11/8/00):
The application was amended, as discussed herein.
Applicant (11/15/00):
Amended proffers and Textual Statement were submitted.
Planning Conmaission Meeting (11/16/00):
At the request of the applicant, the Commission deferred this case to December 19, 2000.
19 01SN0120/WP/JAN24H
Staff (11/17/00):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than November 27, 2000 for consideration at the Commission's
December 19, 2000, public hearing. Also, the applicant was advised that a $250.00
deferral fee must be paid prior to the Commission's public hearing.
Applicant (11/20/00):
Amended proffered conditions were submitted.
Applicant (11/30/00):
At the request of staff, amended proffered conditions and Textual Statement were
submitted.
Applicant (12/15/00):
Revised Proffered Conditions 11 and 12 and revisions to the Textual Statement were
submitted.
The deferral fee was paid.
Planning Commission Meeting (12/19/00):
The applicant accepted the recommendation. There was no opposition present. There was
support present.
The applicant agreed to submit an additional proffered condition in an attempt to address
the Fire Department's concerns relative to provision of a second access into the residential
portion of the project. Mr. Gulley indicated that he was satisfied that the additional
proffered condition (Proffered Condition 15) would result in provision of an adequate
second means of access for emergency vehicles; that until the road proposed by the Route
360 Corridor Plan is completed between Gregory Pond Road and Oxbridge Road, there
is a need for the Lynchester Drive/Route 360 crossover to remain open; and that there has
been evidence on similar residential proposals indicating that the impact on capital facilities
is not the same as a conventional single family dwelling.
20 01 SN0120/WP/JAN24H
On motion of Mr. Gulley, seconded by Mr. Marsh, the Commission recommended
approval of this request and acceptance of the proffered conditions on pages 2 through 7.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, January 24, 2001, beginning at 7:00 p.m., will take
under consideration this request.
21 01SN0120/WP/JAN24H
TEXTUAL STATEMENT
R~OUEST:
AMBERI,ER.:H, L.L.C
November 3, 2000
Clover Hill Magisterial District
Northwest Quadrant ofllull Street Road and Gregory's Po id Road
Rezoning l~om Residential (R-9), Commumty Business (C-3) and Corporate
Office (0-2) to Community Business (C-3) and Residential Townhouse (R-TH)
witl', Conditional Use Planned Dc',clopmm~t to pem~it excq:iiions to standards in
RcsidcntiM Iownl~ousc (R-TH) and Commm~ity Business (03) District.
General Rcouirements.
A. Sidewulk~.
A sidewalk shall be provided along both sides ol'mat, ls and drives ~,hat
a~ommodatc general traffic ckculation through thc ¢cvclopmcnt aa
generally shown on the Conceptual Plan. Sidewalk2. shall also be prw,~ed
1o otl~er u~es wi~in the p~ojec~, such ~ the commerdal and recreationaI
area a.s well as future development. The exact desil~:~, treatment and
location of thc sidewalk shall be approved by thc Pl~fing Department at
the time of tentative ~ubdivision plan review end sit :i plan review.
B. Street Trees, ~
Street trees sl~all be installed along both ~ide~ of an) roads and drives
which accommodate general .:farine circulatkm through the dcvelopmcnt.
Retained trees along these roads and dr,~ve$ may bc ,;!~.~tmtcfl reward tiffs
requirem¢:rt. '[he ?la,ming Department, at the time ~f site or tentative
subdivision plan ~eview, shall approve a conceptual !andscapin4g plan. The
exr, et location, spacing, si:~e mad species of plantings shall be appro.,ed by
the Planning Department prior to site plan aptmwal ,r thc ~¢¢ordation of
the subdivisSon plat.
Residential To~,-ahouse required mmditlon.s.
Except a~ utatcd he~'ein, the requirement~ oi~the Zoning Ordinance I~)r thc R-TH District
shall be applicable.
N~'~ building shml bc located closer th,'m five (5) f¢~et to thc j:ffopel~y line which is
od. intent to any road which is 4,esigned to ~ccommodate ge~eral trafli~ ui.,-¢ulation
4. nb~le~gh, L.L.C. Page 6 o['9 No'i'ember 3, 2000
Bo
F
duough the de'~eKp e t ~ .)r cl )sec .hun I ye [5) feel m an) other property' line
where UlliB are not attached.
Drives ond Parkine Area~.
i.) Concrete curb and gutter shall be installed along the ~rives, roads and
parking areas which accommodate general ;raffle ci~x:ulation through the
development.
(NOTE: This condition will itel require mstaltatioa -~
.; curb ;~nd gutter along
driveways serving individual ~uildings unless necessary for:p~'oper drain:age, as
determined by Enviroamental Engineering.)
ii.) Thc requirement that private driYew-ays and parking Brea~ be setback at
least fifteen (15) feet from the righl of way of any e',iisting or proposed
public road stroll be eliminated.
Group or row design
i.) The maximum number id'attached units shati be
ii.) If'units arc attached, variation in setbacks !~om right~ of way shall be
achieved t:-,xough recessing a portion of eaoh dwell[:!g facing ~he right of
way in lieu of varying the setback of each unit.
Frontage ~m Public S : ..
All roads which accommodate general traffic circulation tr.:hugh thc development
~halt be designed ,and constructed to state ~tandards and tak~in into the state
sys;em. This condition may ~ modified by the Transporta:ion Deparlmem if it is
deleratined that the renu tlr m~y part of such ro~,~ds cannot l:k designed for state
acceptance. For any nmds which accommodate general tra.{~ic circulation tt;ougtt
tl~c dc¥ctopmcut thai are not to be a part of the ~tate system.! a plan that insures the
co.ntinual maintenance of the private streets ~hall be submitl~d to, mtd appmve,A
by the Transportation Depamnent.
The architectural treatmem of dwelling nnits, including m~:erials and style, shall
be similar to the elevations and lis! labeled as Exhibit
Landscaping.
I.andscaping shall bc provided around the perimeter of all t,i~i]dings, between
buildings rind driveways, within medim~s, ~d within comm~m areas not ~ccupied
by mc~ational t~cilities or o~r structure~, l,and~ing s!}atl ~mply with the
rcq airemcnts of the Zoning O~in~ce S~tions ! 9-5 t 6 ~mBgh 19-518(~.
Landscaping shall be designed to: minimize lhe Fredomimr'~ce oFbuikling mass
aad paved areas; define private sp~.e~; and air, anco the resi~cn~tial charamvr of ~le
dzvzlopmcnl. Thc Pta~ing ~em, at the time oF~em ~tive plan review, shall
approve a conceptual landscaping plan Final ]and~capinfl Jcsign showing the
exact nmnbem, spacing, arrangement ~d ~pecie~ cf plantir ~ ~all be appawed by
Am'be~leigh, L.L.C.
Page 7 of 9
Nc vembcr .~, ,.000
the PlamfinE. Department '~.rior w~ the re!ease of a b,~ilding ~: ~rmi~ l~)r arv dwelling
Density.
Development shait not exceed ~ dcnsiW of 5,4 dwelling un[l:~ per acre.
Recrcatiorml Area Required.
i.) An area 0F 1.5 ~re~ convemently accessible to, and incl~ed w~thin, the
development shall ~ provided fi~r a~vc ~d pas~tw, recreational uses by
the occults.
ii.) A cmranuni~ pavilion area shall be located and po!,ition~ to provide a
"f~al point" as one enters ~c project from Ibc main~tr~ce, ~ identified
on ~e Con~plua} Plan as the "Clubhouse". Tho coriununlty pav~l m area
sh~l have a mnfimam (~[' 1~80(I ~oss square feet. A ~pa~ t on structure
having a mi~fimum areu o1' 1,200 gros~ squ~c fcct st'~all be provided within
· e commnnity pavilion area. The pavilion s~ucture ~ay eiiher ~
opened ur enclosed , but *~o~ned It shall have ~ r~of. Thc pavilion
st~cturc shall have an architec tm'al sty le compatib c with the re~s'Id~nt~a~- '
dcvclopmcm. Compatibility may be achieved ~ou~h ~e use of sin:Jl~
building m~msing, materials, scale or t>ther ;~chitectumt features.
Surround'ng ~e pavilion structure, an area s~.all be "hardseaped" and have
beuches and oth~r ~enities ~at ~co~vMate and Ihciti~!e gatherings. A
phasing plum IBr the constructMn of these facilities st~ll be ~provcd by ~c
Planning Dcp~tmcnl prior to tinat tentative subd~vi:;~on plan approval
P~king fbr thc paY~lion ~ca shall be pro~ided With ;~ mimmum of [~ve (5)
spaces, Cu~ ~d gtmcr shall be provided along ~e ~rive and parking area
which sc~'es f~c pavilion area.
Fence Heieht .F..xception.
An), fence loc;~ted in any y~rd shall not exceed a height ofs~even (7) feet.
Landscaped Setbacks.
A. £'wcnty-fivc (25) foot trod fif',y (50) fi;at landscaped Setbacks shall .be
provided, as shown on the conceptual plan. Except :!s specified herein, the
landscaped setbacks shall consist of a landscaped bcm~ or landscaping.
Landscaping shall meet one and one-half times "I,ar,d. seapc C', as defined
in the Zoning Ordinance. :
B Within th~: fifty (50) ft~ot landscaped setbat;k adjace~ i~. to Tax ID 952-688-
5193 and 8494; and 752-689-3600, 4206 m~d 6407, 31 existing trees
having a caliper at'eight (g) inches m' g:'ealer shall in,~ maintuined, cmless
removal is app*x)ved by the Planning Commission al the time of tenlatlxe
subdivision review. This vegetation shrill be suppler.qented where
necessary zo minimize visibility' of the project fi'om '~e aOtjacent iqmperties
with additional landscaping and/or bem~ing. Tkc exact landscaping or
bermi,ag shMl be approved at the time of tentative s~- bdivision pl,-~t review.
Arnbelleigh, I,.I..C. Page ~ of 9 Nn,!cmbcr 3, 2000
HeiKht. Dwelling milts stroll not exceed a h¢ighl oi'lwo {2) ~tories or llfir~ (30)
t%¢L w]ucheYer is less.
IlL
Cor~mmni~' B~a~ing.ss (C-3) Rcquircd Uonditions.
Exccp*, ~s s~cd herein~ ~he req~kemenls of the (C-3) Dis~H,:t shall be appllcahle.
i.) Parking,
The required number of p~urking spaces may be redu,ied by ten (10)
percenl. Improv~ designated peaking spaces in a p.iblic right of way may
be counted tovmrd thc ~equ;.rcd number of parking s!mces when more Ihnn
one-Ndf of each such space adjoins thc site.
ii ) Strecttiuhtinu.
Streetiighting ~ha]l be provided along both sides of ~ ~e e~t/west special
access atree: and tt~e access road which atign~ with I ~'ncl'.cstur Drive.
Streetlight fixtures, pole~ and lamp types shall be co.~sistent. Selected
streetlights shall be ora design in keeping wi~h tl~.¢ ,~ mall-scale, pedestrian-
oriented character ora village. F~al ~tection shall Dc made prior 1o site
plan a?pmval. Fixtt.tre mounting heights slmll be ~ a human scale. Thc
exact height and spacing shall be delpm~ined ut th.e lh~e of site plan
review. :
Please do not hesi:at~ to contact me with at~y questions or conunents ali 7.9, t20571.
Sinccrciy,
DALZER AND ASSOCIATES, INC.
'XMS,Mdi
Amherleigh, I,.I,.C. Page 9 of 9 No,~embcr 3, 2000
EXHIBIT A
AMBERI EIGH
TYPICAL CONSTRUCTION PRODUCTS:
Roofing:
Asphalt Shingles
Exterior Siding Products:
Cement siding such as Hardie Plank
l r ck Ven er
Stone and artificial stone
Cedar shingles and cedar look like products
"Drivit and"stucco look like products such as Stuccato
Window Products:
Clad or Vinyl
Low E, Argon filled
Foundations:
Brick veneer
Poured concrete
Conditioned crawl space
Driveways:
Concrete
Asphalt
Sidewalks:
Concrete
The objective is to create iow maintenance exteriors which are
aesthetically pleasing and complementary with respect to colors and
products.
This project has been selected to be a demonstration project under
DOE's Build America Program. As such products will be selected which
are environmentally friendly, sustainable, and energy efficient.
Consquently substitutions of products may be made from the above list
as new and better products are identified.
tAshford-?ront-Tudorl
SECOND FLOOR
'EXHIBIT A
SECOND FLOOR
I Ashford-Side-Cape I
Nook
EXHIBIT A
] glakely-Court-CapeI
SECONDFLOOR
Dining
· FIRST FLOOR
EXHIBIT A
l Easton-Side-Tudor I
SECOND FLO0~
Family
FIRST FLOOR
EXHIBIT A
I~°sem°nt-CzOurt~Cape
Di~in0 ~
FIRST FLOQ~ .
EXHIBIT A
1 Rosemont-Side-Tudor [
Kit, then
Nook
Living
Oinin~
Bedroom
.".':77:. :-;
-- Entry.
EXHIBIT A
A
A
Z¢
A
V
C
C-5
+6o~o
A
0
600 Feet
01SN0120 (AMENDED)
REZ: ~.'=,i R-9, 0-2 & C-3 TO R-TH
~ R-9, 0-2 & C-3 TO C-3
C.U.P.D. ON ALL
Sheet #: 10
N
ZONING
ZONING
/
P/~OPOSED ZONING LINE
/
!
HULL STREET
ROAD
N
50' LANDSCAPE
25' LANDSCAPE
f
ACCESS
HULL STREET ROAD
o/$hlO IZO-Z
Transportation Plan
Route 360 Corridor
Existing or proposed signalized intersections.
Thoroughfare Plan
N
Proposed collector roads (60' right-of-way)
With approval of the County Transportati~Sn
..Department, pr vate drives may be acceptable in
lieu of collector roads in these areas.
OISNOIZO-.3