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February 25, 2009 BS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
08SN0105
Stylecraft Homes Development Corp.
Clover Hill Magisterial District
Crestwood Elementary; Robious Middle; and James River High Schools Attendance Zones
South line of Midlothian Turnpike
RE VESTS:
I. Rezoning from Neighborhood Business (C-2) and Community Business (C-3) to
Community Business (C-3) with Conditional Use to permit multifamily and
townhouse uses on 15.5 acres plus Conditional Use Planned Development to
permit exceptions to Ordinance requirements on the entire 20.6 acres.
II. Relief to street access requirements to allow 145 residential units on one (1)
access.
PROPOSED LAND USE:
A mix of commercial and residential uses is proposed. A maximum of 145
residential units, to include townhome and multifamily residential are planned.
(NOTE: IN ORDER FOR THE BOARD TO CONSIDER THIS CASE AT THEIR
FEBRUARY 25, 2009 MEETING, THE X1000.00 DEFERRAL FEE MUST BE PAID.)
Providing a FIRST CHOICE community through excellence in public service
PLANNING COMMISSION RECOMMENDATION
RECOMMENDS APPROVAL OF REQUESTS I AND II AND ACCEPTANCE OF THE
PROFFERED CONDITIONS ON PAGES 3 THROUGH 5.
AYES: MESSRS. BROWN, HASSEN AND WALLER.
ABSENT: MESSRS. GULLEY AND BASS.
STAFF RECOMMENDATION
Re uest I: Recommend approval of the rezoning subject to the applicant adequately
addressing 1) the impact of the residential portion of the project on the health,
welfare and safety of the residents of the development and surrounding areas
through crime prevention measures and 2) the provision of a project focal point.
This recommendation is made for the following reasons:
A. The proposed commercial land uses conform to the Northern Area Plan
which suggests that portion of the property is appropriate for general
commercia uses.
B. Whereas the Northern Area Plan suggests the remaining portion of the
property is appropriate for light industrial use, the proposed residential
uses promote appropriate land use transitions from the existing single
family residential uses to the south and west to the established and
proposed commercial development to the north and east, as intended by
the Plan.
C. The proffered conditions mitigate the impacts on capital facilities for the
residential portion of the development thereby insuring adequate service
levels are maintained and protecting the health, safety and welfare of
COUnty C1tlzenS.
D. The application fails to address the impact of the townhouse and
condominiums portions of the project on the health, welfare and safety of
the residents of the development and surrounding areas through crime
prevention measures, as recommended by the Police Department and
discussed herein.
E. The focal point provision within the residential portion of the development
fails to meet the typical size for other cluster projects.
Re uest II: Recommend denial of relief to street access requirements for the following
reason:
The proffered emergency access road to serve more than fifty (50) residential
units is not an acceptable substitute for a second public road access.
2 08SN0105-FEB25-BOS-RPT
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) 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
The property owner and applicant in this case, pursuant to Section 15.2-2298 of the Code of
Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves
and their successors or assigns, proffer that the property under consideration will be developed
according to the following proffers if, and only if, the request submitted herewith is granted with
only those conditions agreed to by the owner and applicant. In the event this request is denied or
approved with conditions not agreed to by the owner and applicant, the proffers shall
immediately be null and void and of no further force or effect.
The following shall apply to the entire property:
(STAFF/CPC) 1. Master Plan. The Textual Statement, dated September 24, 2008
and amended October 8, 2008, and the Concept Plan titled "The
Villages of Shenandoah", prepared by AES Consulting Engineers
and dated August 20, 2007, with a revision date of April 18, 2008,
shall be considered the Master Plan. (P)
(STAFF/CPC) 2. Parcel Adjustments. Parcel boundaries as depicted on the Master
Plan may be adjusted provided their relationship with each other
and adjacent properties is maintained, and that the cumulative
acreages of Parcels C and D do not exceed 15.5 acres. A plan for
parcel modification shall be submitted to the Planning Department
for review and approval. Such plan shall be subject to appeal in
accordance with the provisions of the Zoning Ordinance for Site
Plan appeals. (P)
(STAFF/CPC) 3. Utilities. Public water and wastewater systems shall be used. (U)
(STAFF/CPC) 4. Timberin . 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. (EE)
(STAFF/CPC) 5. Cash Proffer. The applicant, subdivider, or assignee(s) shall pay
the following to the County of Chesterfield, prior to the issuance of
3 08SN0105-FEB25-BOS-RPT
a building permit, for infrastructure improvements within the
service district for the Property:
a. $18,080.00 per dwelling unit, if paid prior to July 1, 2009, or
b. If paid after June 30, 2009, then $18,080.00 adjusted
annually in accordance with the cash proffer policy. Cash
proffer payments shall be spent for the purposes proffered
or as otherwise permitted by law.
c. Should Chesterfield County impose impact fees at any time
during the life of the development that are applicable to the
property, the amount paid in cash proffers shall be in lieu of
or credited toward, but not in addition to, any impact fees,
in a manner as determined by the County. (B&M)
(STAFF/CPC) 6. The developer shall perform an overall drainage study for the
subject property plus all off site drainage traversing the site.
Development shall be designed to release no more than two (2)
year pre-development rate for the subject property and a two (2)
year existing rate for the off site drainage area and store the post
100 year rate for all drainage from the subject site, as well as all
off site drainage traversing the site. However, the release rate may
be modified by Environmental Engineering if downstream
conditions are adequate to handle a higher frequency storm.
Adequate shall be defined as:
a. The existing pipes under Tuxford Road, which would carry
the runoff, meets VDOT criteria;
b. The watercourse upstream of Tuxford Road through
Shenandoah Subdivision and located in any existing
easement, shall be made capable of containing a 10-year
storm; and
c. The 100-year floodplain shall be no closer than twenty-five
(25) feet to the nearest house. (EE)
(STAFF/CPC) 7. All runoff from impervious areas shall be directed to one or more
retention/detention basin(s) which shall discharge into existing
watercourses with recorded drainage easements. The basin(s) shall
be designed and approved in conjunction with the design of the
first site. Environmental Engineering may approve phasing of the
installation of the basin upon submission of an overall phasing
plan. Drainage will be designed such that drainage from all
impervious areas will be directed to the SWM/BMP(s). (EE)
4 08SN0105-FEB25-BOS-RPT
(STAFF/CP) 8. All silt basins and pits shall be sized a minimum of twenty-five
(25) percent larger than the minimum storage volume required by
the State Erosion and Sediment Control Manual. (EE)
(STAFF/CPC) 9. Direct vehicular access from the property to Route 60 shall be
limited to one (1) entrance/exit. This access shall be limited to
right-turns-in and right-turns-out only and the location shall be
approved by the Transportation Department, unless the Virginia
Department of Transportation (VDOT) approves a signalized
crossover at this access no closer than 600 feet from the Tuxford
Road intersection. If VDOT approves a signalized crossover to
serve the property, left turn lanes shall be provided as required by
the Transportation Department.
If the existing right out only vehicular access onto Route 60 that
serves the adjacent parcel to the west (identified as Tax ID
7517071228) is eliminated, an additional vehicular access from the
property to Route 60 may be provided. This additional access shall
be generally located at the western property line, and shall be
limited to right-turns-in and right-turns-out only. The exact
location of this access shall be approved by the Transportation
Department and may be shared and made available to the adjacent
parcels to the west. (T)
(STAFF/CPC) 10. In conjunction with initial development on the property, the
developer shall provide the following:
a. Construction of additional pavement and curb and gutter along
the eastbound lanes of Route 60 to provide a right turn lane at
the each approved vehicular access.
b. Closing the existing crossover on Route 60 west of the Tuxford
Road intersection, if approved by VDOT.
c. Dedication to the County of Chesterfield, free and unrestricted,
any additional right-of way (or easement) required for the
improvement identified above. The dedication shall occur
prior to site plan approval. (T)
(STAFF/CPC) 11. All streets that serve townhouse use and accommodate general
traffic circulation through those developments, as determined by
the Transportation Department, shall be designed and constructed
to VDOT standards and taken into the State System. (T)
5 08SN0105-FEB25-BOS-RPT
(STAFF/CPC) 12. Notification. The developer shall be responsible for notifying by
registered, certified or first class mail, the last known
representative on file with the Planning Department of the
Shenandoah Community Association of any site or tentative
subdivision plan or development standards waiver application
submittal. Such notification shall occur as soon as practical, but in
no event less than forty (40) days prior to approval or disapproval
of the plan or waiver. The developer shall provide a copy of the
notification letter(s) to the Planning Department. (P)
GENERAL INFORMATION
T ,ncati nn
South line of Midlothian Turnpike, west of Tuxford Road. Tax ID 751-706-3789.
Existing Zoning:
C-2 and C-3
Size:
20.6 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North - C-3 and I- l ;Commercial and office
South and West - R-7; Single family residential
East - C-3; Commercial
T TTTT .TTTF C
Public Water System:
There is a sixteen (16) inch water line extending along the south side of Midlothian
Turnpike within an easement across the request site. This sixteen (16) inch water line is in
the Pocono Tank Water Pressure Zone. There is an existing six (6) inch water line
extending along the south side of Midlothian Turnpike that terminates adjacent to the
northern boundary of this site. In addition, there is an existing eight (8) inch water line
extending along Metropolitan Court that terminates approximately 250 feet from the
northwest boundary of this site. Both the existing six (6) inch and eight (8) inch water lines
have static pressures governed by the Robious Tank Water Pressure Zone. The source of
6 08SN0105-FEB25-BOS-RPT
public water for serving this site will be determined by the fire flows and residual pressure
available in the existing water lines. Any system improvements will be the responsibility of
the developer. Use of the public water system is intended. (Proffered Condition 3)
Public Wastewater S,, sue:
There is an existing eight (8) inch wastewater collector line extending from Tuxford Road
onto the northeastern portion of this site. An eight (8) inch wastewater collector line extends
along the western boundary of this site. Use of the public wastewater system is intended.
(Proffered Condition 3)
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the south through Shenandoah Subdivision to Pocoshock
Creek. There are currently no on- or off site erosion problems and none are anticipated
after development. There are no on-site drainage problems.
Runoff exits on the property in two (2) locations. There are several houses in close
proximity to Route 60 where water flows through some depressions into the rear yards of
approximately four (4) houses before draining to the roadside ditches in the front. During
times of moderate storm events, this water can be substantial and located within a few
feet of these houses. If any impervious area drains to this area, it will greatly increase the
problem.
Shenandoah Subdivision, which was constructed in 1964, has inadequate culverts under
Tuxford Road as well as the paved ditches that transport the water from Tuxford Road
down through the subdivision to Pocoshock Creek. The houses were also constructed
when the County required no setback from floodplains and some of the houses are close
to the channel. A large portion of Route 60 also drains through this property and
ultimately through Shenandoah.
To improve the current flooding problems on the lots between this property and Tuxford
Road without exacerbating the existing drainage situation, the applicant has proffered to
perform an overall drainage study for the subject property and all off site drainage
traversing this property. Based upon this study, the development would be designed to
release water at a two (2) year pre-development rate for the subj ect property (two (2) year
existing rate for off site drainage) and to store the post 100-year rate for drainage from, or
traversing the property. These release rates may be modified by the Environmental
Engineering Department if downstream conditions permit. Further, all runoff from
impervious areas would be directed to retention/detention basin(s) that discharge into
recorded drainage easements. These basins would be sized to store water volumes larger
than typically required by State standards. (Proffered Conditions 6, 7 and 8)
7 08SN0105-FEB25-BOS-RPT
The Zoning Ordinance requires that residential uses be separated from Best Management
Practice (BMP) basins by a fifty (50) foot vegetative perimeter yard measured from the
100-year water surface elevation or the downstream toe of the dam. Conditions would
permit the Director of Environmental Engineering to reduce this required setback. To
insure minimal impact upon the adjacent Shenandoah Subdivision, the Planning
Commission would approve the location of the BMP's at the time of plans review.
(Textual Statement 2)
In response to area residents' concerns relative to the possible use of pumps for the
disposal of stormwater drainage, the applicant has proffered that all BMP's shall be
gravity-fed (Textual Statement 2). It should be noted that the Environmental Engineering
Department requires that all stormwater Systems function by gravity.
The property is currently wooded and, as such, should not be timbered without obtaining
a land disturbance permit from the Department of Environmental Engineering. This will
ensure that the adequate erosion control measures are in place prior to any land
disturbance. (Proffered Condition 4)
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities in this area is identified in the
County's adopted Public Facilities Plan, the Thoroughfare Plan and the adopted Capital
Improvement Program and further detailed by specific departments in the applicable sections of
this request analysis. The residential portion of this development will have an impact on these
facilities.
Fire ~ervice~
The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls
are expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6)
new fire/rescue stations are recommended for construction by 2022 in the Plan. In
addition to the six (6) new stations, the Plan also recommends the expansion of five (5)
existing stations. Based on 145 dwelling units, this request will generate approximately
thirty-three (33) calls for fire and emergency medical service each year. The applicant
has addressed the impact on fire and EMS. (Proffered Condition 5)
The Buford Fire Station, Company 9, and Forest View Volunteer Rescue Squad currently
provide fire protection and emergency medical service.
Typically, for multifamily developments, the Zoning Ordinance requires the provision of
a second means of public access when the cumulative number of dwelling units exceeds
fifty (50). For townhouse development, the Subdivision Ordinance includes this same
stipulation. This requirement is necessary to provide emergency vehicles a second access
to the homes should the other entrance become blocked. The applicant has requested
relief to this access requirement to allow 145 dwelling units off of one (1) public access
to Midlothian Turnpike, with the provision of an emergency access located on an
8 08SN0105-FEB25-BOS-RPT
adjacent commercially-developed property to the west, as depicted on the Master Plan.
(Textual Statement 19)
Based upon concerns expressed by the adjacent Shenandoah Subdivision residents, the
applicant of the original zoning case approved in 1993 (Case 91 SN0230) agreed to severe
a public road connection to a stub road located in the adjacent Shenandoah Subdivision.
That stub road right-of way was subsequently vacated, limiting potential access to the
property. The provision of an emergency access does not substitute for a second access
that is open to the public. The applicant has attempted to address these safety concerns
with the provision of sprinkler systems within the condominium units located in Parcels
D (Textual Statement 44). Whereas, the Fire Department supports the use of sprinkle
systems in these units, they are not considered a substitute for a second public access to
the development.
When the property is developed, the number of hydrants, quantity of water needed for
fire protection, and access requirements will be evaluated during the plans review
process.
Schools:
Approximately seventy-one (71) (Elementary: 32, Middle: 16, High: 23) students will be
generated by this development. Currently this site lies in the Crestwood Elementary
School attendance zone: capacity - 628, enrollment - 596; Robious Middle School zone:
capacity - 1,094, enrollment - 1,189; and James River High School zone: capacity -
2,053, enrollment - 2,043. The enrollment is based on September 30, 2008 and the
capacity is as of 2008-2009. This request will have an impact at the middle school level.
There are currently four (4) trailers at Crestwood Elementary, sixteen (16) at Robious
Middle and one (1) at James River High.
This case, combined with other residential developments and zoning cases in the area,
will continue to push these schools to capacity, necessitating some form of relief in the
future. The applicant has addressed the impact of the development on schools.
(Proffered Condition 5)
T,ihrarie~~
Consistent with the Board of Supervisors' policy, the impact of development on library
services is assessed County-wide. Based on projected population growth, the Public
Facilities Plan identifies a need for additional library space throughout the County.
Development could affect the existing Bon Air Library, the existing La Prade Library or
a proposed new Library in the vicinity of Courthouse Road. The need for this new
facility is identified in the Plan. The applicant has addressed the impact of the
development on libraries. (Proffered Condition 5)
9 08SN0105-FEB25-BOS-RPT
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) regional, seven (7) community
and twenty-nine (29) neighborhood parks by 2020. In addition, there is currently a
shortage of community and neighborhood park acreage in the county. The Public
Facilities Plan identifies a need for 354 acres of regional park space, 252 acres of
community park space and 199 acres of neighborhood park space by 2020. The Plan also
identifies the need for linear parks and resource based-special purpose parks [historical,
cultural and environmental] and makes suggestions for their locations; addresses the need
for addition of recreational facilities to include sports fields, trails, playgrounds, court
games, senior centers and picnicking area/shelters at existing parks to complete build -
out; and identifies the need for water access and trails along the James and Appomattox
Rivers and their major tributaries, Swift and Falling Creeks. Co-location with middle and
elementary schools is desired.
The applicant has offered measures to address the impact of this proposed development
on the infrastructure needs of Parks and Recreation. (Proffered Condition 5)
Transportation:
In 1993, the Board of Supervisors approved the rezoning (Case 91 SN0230) of the subject
property to allow commercial development. As part of that approval, the Board accepted
several transportation related proffers. Proffered Condition 5 of Case 91 SN0230 limits
development to 200,000 square feet of shopping center or equivalent densities. Based on
shopping center trip rates, development could generate approximately 10,650 average
daily trips (ADT). In December 2001, the Board approved a modification to that zoning
(Case O l SN0276), which allows, subject to approval by the Virginia Department of
Transportation (VDOT), a full crossover and traffic signal to be installed on Midlothian
Turnpike (Route 60) to serve the property. Subsequent to that rezoning amendment,
VDOT approved the new crossover and traffic signal.
The applicant is now requesting rezoning to Community Business (C-3) with a
Conditional Use to allow multi-family and townhouse uses on the property. Based on
trip rates for townhouses/condominiums, drive-in banks and convenience stores with gas
pumps, development could generate 10,740 ADT. The applicant has re-proffered many
of the same transportation conditions that are currently required with development of the
property.
Vehicles generated by this proposed development will be distributed along Route 60,
which had a 2006 traffic count of 68,785 vehicles per day. This section of Route 60 is at
capacity (Level of Service E) for the volume of traffic it carries.
Staff consistently recommends that all of the main streets in townhouse developments be
accepted into the State Highway System. Having these streets accepted into the State
Highway System will insure their long-term maintenance. The applicant has proffered
that all of the streets that will accommodate general traffic circulation in the townhouse
10 08SN0105-FEB25-BOS-RPT
tract will be designed and constructed to State (i.e., VDOT) standards and taken into the
State System. (Proffered Condition 11)
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 60, should be controlled. Proffered Condition 1 of Case
Ol SN0230 limits access to Route 60 to one (1) entrance/exit, located approximately in the
center of the property. This is the access that VDOT has approved for a crossover and a
traffic signal. As part of this request, the applicant has proffered that direct vehicular
access from the property to Route 60 will be limited to two (2) entrances/exits (Proffered
Condition 9). In addition to the one (1) access located midway of the property frontage,
the applicant would like another access located at the western property line. This second
access would be limited to right-turns-in and right-turns-out only, and would only be
permitted if the existing access to Route 60 that serves the adjacent parcel to the west
were closed.
The traffic impact of this development must be addressed. The applicant has proffered the
customary improvements along Route 60 such as right turn lanes at each approved access
and closing the existing crossover on Route 60 just west of the Tuxford Road
intersection. (Proffered Condition 10)
The applicant has proffered to contribute cash, in an amount consistent with the Board of
Supervisors' Policy, towards mitigating the traffic impact of the proposed residential
development (Proffered Condition 5). As development continues in this part of the
county, traffic volumes on area roads will substantially increase. Cash proffers alone will
not cover the cost of the improvements needed to accommodate the traffic increases. No
road improvement projects in this part of the county are included in the Six-Year
Improvement Plan.
The VDOT's "Chapter 527" regulations, dealing with development Traffic Impact Study
requirements, have been enacted. In July 2008, VDOT will also begin applying their new
access management regulations to principal arterials, such as Route 60. Staff has been
meeting with VDOT to attempt to understand the process and the impact of these
regulations. At this time, it is uncertain what impact VDOT's regulations will have on
this development or upon zonings approved by the county.
11 08SN0105-FEB25-BOS-RPT
Financial Impact on Capital Facilities: PER UNIT
Potential Number of New Dwelling Units 145 ~ 1.00
Population Increase 390.05 2.69
Number of New Students
Elementary 31.90 0.22
Middle 15.95 0.11
High 23.20 0.16
TOTAL 71.05 0.49
Net Cost for Schools 1,181,460 $8,148
Net Cost for Parks 163,850 1,130
Net Cost for Libraries 36,830 254
Net Cost for Fire Stations 80,620 556
Average Net Cost for Roads 2,011,295 13,871
TOTAL NET COST 3,474,055 $23,959
Based on the Textual Statement. The actual number of dwelling units and corresponding impact
may vary.
As noted, this proposed development would have an impact on capital facilities. At the time that
this rezoning application was submitted, the calculated fiscal impact of every new dwelling unit
on schools, roads, parks, libraries, and fire stations was $15,648 per unit. Effective July 1, 2008
the maximum per-dwelling-unit cash proffer was increased to $18,080. The applicant has been
advised that a maximum cash proffer of $18,080 per unit would defray the cost of the capital
facilities necessitated by this proposed development.
Consistent with the Board of Supervisors' policy, and proffers accepted from other applicants,
the applicant has offered $18,080 per dwelling unit to assist in defraying the cost of this
proposed zoning on such capital facilities. (Proffered Condition 5)
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.
P~lice~
The applicant is proposing to build a high density residential project. With the support of
the county administration, the police department seeks to have developers of new high
density residential projects implement its recommendations for Crime Prevention
12 08SN0105-FEB25-BOS-RPT
Through Environmental Design (OPTED) which are planning and designing principles
that constitute proactive crime prevention tools. Through OPTED principles, proper
design and effective use of the environment can lead to a reduction in the fear and
incidence of crime. In addition, the police department recommends that high density
residential projects either enter into a contract for the permanent presence of a police
officer on the premises or annually submit a security plan to it for review and approval.
Provisions in the applicant's textual statement have not adequately addressed the police
department's security concerns accordingly; the police department does not support the
applicant's request. (Textual Statement 20)
T , ANn T IMF.
Comprehensive Plan:
Lies within the boundaries of the Northern Area Plan which suggests that the
northwestern portion of the property is appropriate for general commercial and the
remainder of the property is appropriate for light industrial uses. The Plan was originally
adopted in 1986.
Area Development Trends:
The subject property represents an infill property surrounded by commercial and office
developments to the north and east along Midlothian Turnpike and single family residential
development to the south and west within the Shenandoah Subdivision.
Zonin H.~X:
On August 25, 1993, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved rezoning of a 22.2 acre tract to Neighborhood Business
(C-2) and Community Business (C-3) (Case 91 SN0230). Commercial uses were proposed.
Proffered conditions addressed use limitations; drainage; access; hours of operation;
building height and tenant space size; and buffers adjacent to Shenandoah Subdivision. The
subj ect property was included in this request.
On December 19, 2001, the Board of Supervisors, upon a favorable recommendation by
the Planning Commission, approved amendments to Case 91 SN0230 to eliminate the
requirement that the Midlothian Turnpike access be limited to right turns in and out and
to accommodate expansion of an adjacent motor vehicle sales, service and repair facility.
(Case OlSN0276)
Site Design:
The property is proposed for a mix of commercial, multifamily residential and townhouse
uses. The property is divided into four (4) tracts as depicted on the Master Plan
(Proffered Condition 1). The boundaries and sizes of the Tracts may be modified so long
13 08SN0105-FEB25-BOS-RPT
as their relationship with each other and any adjacent properties is maintained and the
residential component (Tracts C and D) does not exceed 15.5 acres. (Proffered Condition
2)
Unless specifically regulated by the Textual Statement, the development of all tracts must
comply with the requirements of the Zoning Ordinance for Community Business (C-3)
uses in a Post Development District. These standards provide flexible design criteria in
areas that have already experienced development and ensure continuity of development.
Such standards address access, parking, landscaping, architectural treatment, setbacks,
signs, buffers, utilities and screening of dumpsters and parking areas.
Standards for all Tracts:
Setbacks from Main Entrance Road; Street Trees; Sidewalks; Access and Lighting:
Conditions permit development in all Tracts to maintain a minimum setback of
five (5) feet from the Main Entrance Road, as depicted on the Master Plan, with
street trees and sidewalks along both sides of this road. (Textual Statement 1, 4
and 5)
In response to area residents' concerns and consistent with existing conditions of
Zoning, Vehicular and pedestrian access from the proposed development to
Shenandoah Subdivision is prohibited. (Textual Statement 7)
To provide for apedestrian-scale environment, conditions limit the height of
freestanding lighting fixtures and require a shoebox design to contain glare.
Within proposed residential areas, freestanding lighting fixtures would have an
ornamental design. (Textual Statement 3)
Notification:
Proffered Condition 12 requires that the developer notify the last known
representative of the Shenandoah Community Association on file with the
Planning Department of any development standards waiver submission, site plan
or tentative subdivision plan submission. Further, this proffer requires such
notification to occur no later than forty (40) days prior to any final action on such
plan or waiver. It is imperative that the Association keep the Planning
Department current with the name and address of the representative to be notified.
The Textual Statement also provides for earlier notification of the Association's
representative of proposed clearing in buffers, being a minimum of one (1) week
prior to such activity. (Item 18)
14 08SN0105-FEB25-BOS-RPT
Uses and Special Development Standards: Specific Tracts:
Tract A (Commercial):
Uses:
Tract A, located in the northwestern portion of the property adjacent to
Midlothian Turnpike and containing approximately 2.2 acres, would
permit uses permitted in the Community Business (C-3) District, except as
restricted in the Textual Statement 8.
Building hg_t~.
Within Post Development Districts, building heights are limited to three
(3) stories or forty-five (45) feet, whichever is less, except office buildings
which may be constructed to a height of twelve (12) stories or 120 feet,
whichever is less. Proffered conditions restrict the height of office
buildings to four (4) stories. (Textual Statement 9)
Tract B (Commercial):
Uses:
Tract B, located in the northwestern portion of the property adjacent to
Midlothian Turnpike and the Shenandoah Subdivision and containing
approximately 2.9 acres, would permit uses permitted in the
Neighborhood Business (C-2) District. Further, in response to concerns
expressed by area residents, convenience stores with gasoline sales, coin
operated laundry, group care facilities, self service gasoline station uses,
massage clinics, churches and/or Sunday schools, meat or seafood markets
and funeral homes and mortuaries have also been excluded (Textual
Statement 10). Hours of operation and deliveries have also been limited.
(Textual Statement 11)
Setbacks and Buffers:
Within the Post Development Area, the minimum side or rear yard setback
from residentially-zoned properties for buildings, parking and drives is
twenty (20) feet. The Ordinance also requires aseventy-five (75) foot
buffer between C-3 and the adjacent Shenandoah development. This
buffer may be reduced or eliminated through the site plan approval
process under certain circumstances, providing opportunity for
development to adhere to the minimum twenty (20) foot setback.
Conditions provide for a minimum setback of eighty-five (85) feet for
these improvements from the eastern property line exceeding the limits of
the required buffer, and thereby providing no development incentive to
15 08SN0105-FEB25-BOS-RPT
seek a buffer reduction through the plans review process. (Textual
Statement 13 )
In response to concerns expressed by area residents, in addition to
landscaping requirements of the Ordinance, conditions require the
installation of a privacy fence within the buffer adjacent to Shenandoah
Subdivision. (Textual Statement 6)
Conditions also require the provision of privacy fencing between Parcels
B and C to minimize the view of vehicular headlights from the
Commercial tract into the adj acent townhouse development.
Building Hei . h~t~.
With Post Development Districts, buildings located within 200 feet of a
residential district are restricted to a height of two (2) stories or thirty (30)
feet, whichever is less. Beyond this 200 feet, building heights may be
increased to three (3) stories or forty-five (45) feet, whichever is less,
except office buildings which may be constructed to a height of twelve
(12) stories or 120 feet, whichever is less. Proffered conditions restrict the
height of buildings to one (1) story. (Textual Statement 12)
Tracts C and D (Townhouse and Condominium:
Dew:
Conditions limit the total number of townhouse and condominium units
within Tracts C and D to 145, yielding an overall density often (10) units
per acre within these tracts. (Textual Statement 14)
Cluster Design Standards and Focal Point:
The requirements offered for the development where exceptions to
Ordinance development standards are requested (i.e: minimum setbacks,
parking) are consistent with those typically required by the Planning
Commission and Board of Supervisors for similar projects recently
approved, except for the provision of focal point acreage. These include
street trees, sidewalks, and hardscaped driveways. (Textual Statement 4, 5
and 17)
Within smaller lot developments, focal points are provided in a central
location to visually announce a project upon entry and create green space
at the entrance of the development. Generally, focal points should be a
minimum of .75 acres to provide usable open space to accommodate
hardscaping and facilitate the gathering of residents. The applicant has
16 08SN0105-FEB25-BOS-RPT
proposed a focal point containing a minimum of only .50 acres. (Textual
Statement 15)
Buffers:
Typically, for townhouse and multifamily developments, the Zoning
Ordinance requires the provision of a fifty (50) foot buffer between such
developments and single family residential zoning. Conditions require the
provision of fifty (50) to seventy-five (75) foot buffers adjacent to
Shenandoah Subdivision as depicted on the Concept Plan (Textual
Statement 18). These buffers would comply with landscaping
requirements consistent with Ordinance standards. Cleaning would be
permitted within one-half of the buffer width towards the project side.
The remaining one-half width adjacent to Shenandoah Subdivision would
require the retention of established vegetation. Proffered conditions
require measures to ensure that tree removal in these buffers is consistant
with these conditions to include Staff inspections prior to and during any
clearing within the buffers.
Clubhouse and Parkin:
Conditions provide for a clubhouse facility and flexibility in parking
requirements to promote an urban-style development. (Textual Statement
16 and 17)
Tract C (Townhouse:
Uses an Density:
Uses within Tract C would be limited to a maximum of forty-nine (49)
townhomes. (Textual Statement 21 and 22)
Lot Standards; Building Setbacks; Garages; and Alley:
Conditions address individual lot standards and setback requirements.
(Textual Statement 24 through 3 2)
Buffers and Common Areas:
The buffers adjacent to Shenandoah would be located within required
open space. Dwellings would be located a minimum of 100 feet from
Shenandoah, inclusive of this buffer area. Common areas would also be
provided between groups of townhouses. (Textual Statement 33, 34 and
35)
17 08SN0105-FEB25-BOS-RPT
Dwellin. Size, Height, and Architectural Treament:
In response to concerns of area residents, proffered conditions address the
size and height of townhouse units as well as the architectural treatment
consistent with the attached elevations. (Textual Statement 23)
Tract D (Condominium:
Uses an Density:
Uses within Tract D would be limited to a maximum of ninety-six (96)
condominiums. (Textual Statement 36 and 37)
Parcel Coverage; Units Per Floor; Building Separation and Setbacks; Building
Height; Drive and Parking Setbacks, and Dumpsters:
Conditions address the amount of building coverage for the project area;
building setbacks from roads, parking areas and property lines; distance
between buildings; and the number of dwelling units per one floor of a
building. (Textual Statement 3 8, 3 9, 41 and 43 )
All buildings are limited to a maximum height of three (3) stories. In
response to concerns expressed by area residents, all buildings must be
located a minimum of 210 feet from the adjacent Shenandoah Subdivision,
inclusive of buffers (Textual Statement 40). Except from the main
entrance road and as stated herein, no building setbacks are required.
(Textual Statement 41)
Conditions require no setbacks for parking areas and drives from roads
(other than the Main Entrance Road) and property boundaries (other than
the required buffer areas, as discussed herein). (Textual Statement 42)
Typically, within multifamily projects, the Ordinance requires that solid
waste storage areas be located a minimum of fifty (50) feet from
residential uses provided they are screened from view by a masonry or
concrete wall. In response to concerns expressed by area residents, all
dumpsters must be located a minimum of 300 feet from the adjacent
Shenandoah Subdivision. (Textual Statement 45)
CONCLUSIONS
The proposed commercial land uses conform to the Northern Area Plan which suggests that
portion of the property is appropriate for general commercial uses. Further, the proposed
residential uses on the remainder of the property promote appropriate land use transitions from
the existing single family residential uses to the south and west to the established and proposed
commercial development to the north and east, as suggested by the Plan.
18 08SN0105-FEB25-BOS-RPT
The proffered conditions mitigate the impacts of the residential portion of the development on
Capital facilities thereby insuring adequate service levels are maintained.
The application fails to adequately address the impact of the townhouse and condominiums
portions of the project on the health, welfare and safety of the residents of the development and
surrounding areas through crime prevention measures, as recommended by the Police
Department and discussed herein. In addition, the focal point provision of one-half acre within
the residential portion of the development fails to meet the typical three-quarter acre size for
other cluster projects.
The proffered emergency access road to serve more than fifty (50) residential units is not an
acceptable substitute for a second public road access.
Given these considerations, approval of the rezoning (Request I) is recommended subject to
addressing crime prevention measures and focal point size.
Denial of relief to street access requirements (Request II) is recommended.
CASE HISTORY
Planning Commission Meeting (9/18/07):
At the request of the applicant, the Commission deferred this case to their November 20,
2007 meeting.
Staff (9/ 19/07)
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than September 24, 2007 for consideration at the
Commission's November 20, 2007 hearing. In addition, the applicant was advised that a
$250.00 deferral fee must be paid prior to the Commission's public hearing.
Applicant (10/ l /07)
The deferral fee was paid.
Applicant (10/30/07 and 10/31/07):
Revised proffered conditions and textual statement were submitted.
19 08SN0105-FEB25-BOS-RPT
Applicant (11/6/07):
Draft revisions to the proffered conditions and textual statement were submitted.
Planning Commission Meeting (11/20/07):
At the request of the applicant, the Commission deferred this case to their January 15,
2008 meeting.
Staff (11 /21 /07)
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than November 26, 2007 for consideration at the
Commission's January 15, 2008 hearing. In addition, the applicant was advised that a
$250.00 deferral fee must be paid prior to the Commission's public hearing.
Applicant (12/20/07):
Revised proffered conditions and textual statement were submitted.
Applicant (12/21 /07):
The deferral fee was paid.
Shenandoah Subdivision Board of Directors, Staff and the Clover Hill District Commissioner
(1/2/08):
A meeting was held to discuss the case as currently proffered. It was generally agreed
that these area property owner representatives needed further time to review the recent
proffer revisions and meet with the applicant to discuss prior to the Commission's
consideration of the case.
Planning Commission Meeting (1/15/08):
At the request of the applicant, the Commission deferred this case to their March 18,
2008 meeting.
20 08SN0105-FEB25-BOS-RPT
Staff (1/16/08):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than January 21, 2008 for consideration at the Commission's
March 18, 2008 hearing. In addition, the applicant was advised that a $250.00 deferral
fee must be paid prior to the Commission's public hearing.
Area Property Owners, Staff and the Clover Hill Commissioner (1/24/08):
A meeting was held to discuss the case as currently proffered. It was generally agreed
that a list of concerns expressed by these area property owner representatives would be
generated for discussion with the applicant.
Applicant (1/30/08):
The deferral fee was paid.
Staff (2/27/08):
A meeting has been scheduled for March 6, 2008 with the applicant, the Shenandoah
Subdivision Board of Directors, Staff and the Clover Hill Commissioner to discuss the
case concerns expressed by the Shenandoah Board of Directors.
Staff (2/27/08):
To date, no new information has been received.
Applicant, Area Property Owners, Staff and the Clover Hill Commissioner (3/6/08):
A meeting was held to discuss concerns expressed by area property owners. It was
generally agreed that the applicant would request deferral to provide time for revisions to
the case in an effort to address these concerns.
Planning Commission Meeting (3/18/08):
At the request of the applicant, the Commission deferred this case to their May 20, 2008
meeting.
21 08SN0105-FEB25-BOS-RPT
Staff (3/21/08):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than March 26, 2008 for consideration at the Commission's
May 20, 2008 hearing. In addition, the applicant was advised that a $250.00 deferral fee
must be paid prior to the Commission's public hearing.
Applicant (3/27/08):
Revised proffered conditions, textual statement and master plan were submitted.
Applicant (4/4/08):
The deferral fee was paid.
Applicant, Staff and the Clover Hill Commissioner (4/9/08):
A meeting was held to discuss the revisions submitted March 27, 2008 relative to
concerns expressed by Staff as well as by the area property owners at the March 6, 2008
meeting. It was generally agreed that further revisions would be submitted to address
outstanding issues.
Applicant (4/21/08):
A revised master plan was submitted. The applicant indicated that revisions to proffered
conditions and textual statement would be forwarded pending review of the amended
master plan by Staff, area property owners and the Clover Hill Commissioner.
Applicant (4/24/08):
The applicant withdrew the proffered conditions, textual statement and the master plan
submitted on March 27, 2008.
Staff (4/24/08):
A meeting is being scheduled with the Shenandoah Board of Directors, Staff and the
Clover Hill Commissioner to discuss the applicant's revised master plan.
22 08SN0105-FEB25-BOS-RPT
Area Property Owners, Staff and Clover Hill Commissioner (5/l/08):
A meeting was held to discuss the applicant's revised master plan. Issues raised by the
community included further limitations on commercial uses adjacent to Shenandoah
Subdivision, building heights throughout the project and residential densities. It was
generally agreed that Staff would forward comments on the plan to the applicant for
further consideration.
Planning Commission Meeting (5/20/08):
At the request of the applicant, the Commission deferred this case to their July 15, 2008
meeting.
Staff (5/22/08):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than May 27, 2008 for consideration at the Commission's
July 15, 2008 hearing. In addition, the applicant was advised that a $250.00 deferral fee
must be paid prior to the Commission's public hearing.
Applicant (6/l l/08):
Revised proffered conditions and textual statement were submitted. The deferral fee was
pai .
Applicant, Shenandoah Board of Director's Representative, Staff and Clover Hill Commissioner
(6/26/08):
A meeting was held to discuss the applicant's revised proffers and textual statement.
Additional changes to the textual statement were discussed. It was generally agreed that
a deferral of the case would be necessary to accommodate a community meeting with the
Shenandoah neighborhood in July.
Applicant (7/1/08):
A revised proffered conditions and textual statement were submitted.
23 08SN0105-FEB25-BOS-RPT
Staff (7/3/08):
A community meeting has been scheduled with the Shenandoah Subdivision for July 17,
2008 to discuss this request.
Planning Commission Meeting (7/15/08):
On their own motion, the Commission deferred this case to their August 19, 2008
meeting.
Staff (7/16/08):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than July 21, 2008 for consideration at the Commission's
August 19, 2008 hearing.
Applicant, Area Property Owners, Staff and the Clover Hill District Commissioner (7/17/08):
A community meeting was held to discuss this case. Issues raised by the community
included density and security provisions relative to the proposed residential; clearing and
grading in buffers; and drainage.
Applicant (7/31/08):
Revised proffers and textual statement were submitted.
Planning Commission Meeting (8/19/08):
At the request of the applicant, the Commission deferred this case to their October 21,
2008 meeting.
Staff (8/20/08):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than August 25, 2008 for consideration at the Commissions
October 21, 2008 hearing. In addition, the applicant was advised that a $1,000.00
deferral fee must be paid prior to the Commissions public hearing.
24 08SN0105-FEB25-BOS-RPT
Applicant (9/2/08):
The deferral fee was paid.
Applicant, Shenandoah Board of Directors Representative and Staff (9/19/08):
A meeting was held to discuss concerns expressed by the Shenandoah Community
Association. These concerns were specific to residential densities; Condominium
building heights; open space/recreational previsions; buffer treatment; commercial use
exclusions; commercial delivery hours; and community notification of future plan
submittals. It was generally agreed that the applicant would amend the proffered
conditions to address the maj ority of these concerns.
Applicant (9/24/08 and 10/9/08):
Amended proffered conditions and textual statement were submitted.
Planning Commission Meeting (10/21/08):
The applicant accepted the Commission's recommendation, but did not accept Staff s
recommendation. There were individuals present expressing both support and concern
relative to the proposal. Those in support noted that modifications in the case addressed
the majority of adjoining neighborhood issues, to include a reduction in residential
density. Concerns expressed included lack of recreational/focal point provisions;
preference for additional tree retention in buffers; and impacts on vehicular access for a
neighboring church use.
Staff noted that with the proposed signalized access to this development, the fate of the
existing crossover on Midlothian Turnpike serving the neighboring church was up to the
Virginia Department of Transportation; that a second public access was preferable to an
emergency access but that sprinkling of residential units would lessen the impact of not
having a full second access.
Mr. Waller noted that the development provided for a clubhouse and buffers within the
open space; and that the provision of further recreational amenities should be based upon
community desires.
On a motion of Mr. Waller, seconded by Mr. Hassen, the Commission recommended
approval and acceptance of the proffered conditions on pages 3 through 5.
25 08SN0105-FEB25-BOS-RPT
AYES: Messrs. Brown, Hassen and Waller.
ABSENT: Messrs. Gulley and Bass.
Board of Supervisors' Meeting (11/19/08):
The applicant accepted the Planning Commission's recommendation, but did not accept
staff s recommendation. There was support present noting that modifications to the case
addressed the majority of the adjoining neighborhood issues.
Ms. Durfee expressed concerns relative to the absence of a guaranteed amount of
commercial development density; and the lack of vehicular and pedestrian connectivity
with adjacent projects.
Mr. Gecker noted that the request failed to address security provisions and fire/safety
concerns relative to residential access; that the property did not represent a good location
for residential development as further demonstrated by the lack of access opportunities;
and that the proposal represented a short term development solution at the expense of
long term goals within the Corridor.
Mr. Warren indicated that the applicant had diligently worked with adjoining property
owners; that the land uses complied with the Comprehensive Plan; that the application
addressed buffers, drainage and impacts on capital facilities; and that the adjoining
neighborhood had indicated their support for the project.
Mr. Warren made a motion to approve the request with the acceptance of the proffered
conditions on pages 3 through 5. Mr. Holland seconded this motion. The vote was as
follows:
AYES: Messrs. Warren and Holland.
NAPES: Mr. Gecker, Ms. Durfee and Ms. Jaeckle.
The motion was defeated due to lack of a maj ority vote. A substitute motion was not
offered; therefore, the case was carried over to the Board's December 17, 2008 meeting.
Staff (11/21/08):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than November 25, 2008 for consideration at the Boards'
December 17, 2008 hearing.
26 08SN0105-FEB25-BOS-RPT
Staff (11/26/08):
To date, no new information has been submitted.
Board of Supervisors' Meeting (12/17/08):
At the request of the applicant, the Board deferred this case to their February 25, 2009
meeting.
Staff (12/18/08):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than December 22, 2008 for consideration at the Board's
February 25, 2009 hearing. In addition, the applicant was advised that a $1,000 deferral
fee must be paid prior to the Board's public hearing.
Staff (1/22/09):
To date, no new information has been submitted, nor has the deferral fee been paid.
The Board of Supervisors, on Wednesday, February 25, 2009, beginning at 6:30 p.m., will take
under consideration this request.
27 08SN0105-FEB25-BOS-RPT
Textual Statement
September 24, 2008
Amended October 8, 2008
This is a request to rezone approximately 20.62 Acres ~, currently zoned C-2 and C-3, located at
9529 Midlothian Turnpike (Tax ID 751-706-3789) to C-3 with Conditional Use to permit
residential uses to include townhomes and condominiums on a maximum of 15.5 acres plus
Conditional Use Planned Development (CUPD) to permit exceptions to Ordinance requirements.
Applicable to All:
1. Setback. The minimum setback for buildings, parking and driveways from the
Main Entrance Road shall be five (5) feet.
2. BMP.
a. Any BMP's, if wet pond(s), shall be aerated and designed as a water
feature/focal point and an amenity to the property, including the use of a
fountain and/or aeration device within the BMP(s). The minimum
perimeter yard setback from these BMP(s) for buildings, parking areas and
driveways located on the subj ect property maybe reduced, subj ect to
review and approval by the Director of Environmental Engineering. No
BMP shall be located in any required buffer. All BMP's shall be gravity-
fed.
b. The location of any BMP shall be reviewed and approved by the Planning
Commission in conjunction with any site plan or tentative subdivision plan
so as to minimize the impact of these facilities on the adjacent Shenandoah
Subdivision.
3. Street Li hg tom. Freestanding lighting fixtures shall not exceed twelve (12) feet in
height above grade level and shall have a shoebox design. Within the residential
28 08SN0105-FEB25-BOS-RPT
tracts (Parcels C and D), freestanding lighting fixtures shall be ornamental in
esign.
4. Street Trees. Street trees shall be planted along each side of roads and driveways,
to include the Main Entrance Road, except for driveways serving individual
dwelling units. The exact spacing, species and size shall be approved at the time
of tentative subdivision and/or site plan review.
5. Sidewalks. Sidewalks shall be provided along each side of all roads that have
homes fronting on the road and on both sides of the main entrance road.
6. Fencing in Buffers.
a. Apressure-treated wood or non-white colored vinyl privacy fence a
minimum of six (6) feet in height shall be installed within the entire length
of the required buffer adj acent to Shenandoah Subdivision. The exact
location shall be approved by the Planning Department at the time of plan
review.
Fencing between Parcels B and C.
b. Fencing, as described in Item 6.a, shall also be provided between Parcels
B and C so as to block vehicular headlights from the commercial
development from shining into adj acent residential townhouse properties.
The exact location shall be approved by the Planning Department at the
time of site plan review for Parcel B.
7. Access to Shenandoah. There shall be no vehicular or pedestrian access to the
Shenandoah Subdivision.
Applicable to Parcel A (Commercial):
29 08SN0105-FEB25-BOS-RPT
8.
9.
Uses. Permitted uses shall include all uses permitted by right or with restrictions
in the Community Business (C-3) District, except as follows:
p•
q•
r.
s.
t.
u.
v.
w.
x.
massage clinics
churches and/or Sunday schools
meat or seafood markets
cocktail lounges and nightclubs
hotels
indoor flea markets
fraternal uses
carpenter and cabinet makers offices & display rooms
contractors offices & display rooms
home centers
hospital s
park and ride lots
liquor stores
recreational establishments /commercial /indoor
secondhand and consignment stores excluding motor vehicle consignment
lots
taxidermies
theaters
veterinary hospitals and/or commercial kennels
motor vehicle repair
material reclamation receiving centers
automobile service station
coin-operated laundry facilities
motor vehicle sales and repair
group care facilities
Building Heim No office building(s) shall exceed four (4) stories in height.
Applicable to Parcel B (Commercial):
10. Uses. Uses shall be limited to those uses permitted by right or with restrictions in
the Neighborhood Business (C-2) District, except as follows:
a, convenience stores with gasoline sales
b. coin-operated laundry facilities
30 08SN0105-FEB25-BOS-RPT
c. group care facilities
d. self service stations
e. massage clinics
f. churches and/or Sunday schools
g. meat or seafood markets
h. funeral homes and mortuaries
11. Hours. With the exceptions of a pharmacy incorporating drive-in window(s) and
restaurants, no uses shall be open to the public between 11:00 p.m. and 6:00 a.m.
Restaurants shall not be open to the public between 12:00 midnight and 6:00 a.m.
Pharmacies incorporating drive-in window(s) shall not have a limitation on hours
of operation. No deliveries shall occur earlier than 7:00 a.m. Monday through
Friday and no earlier than 8:00 a.m. on Saturday or Sunday. No deliveries shall
occur later than 10:00 p.m. Monday through Sunday.
12. Building Heim No building(s) shall exceed one (1) story in height.
13. Setbacks. All buildings and parking shall be located aminimum ofeighty-five
(85) feet from the eastern property line adjacent to Shenandoah Subdivision.
Canopies associated with drive-in windows may encroach five (5) feet into this
required setback.
Applicable to Parcels C and D (Townhomes and Condominiums):
14. Dem. The overall density shall not exceed of 145 dwelling units on the
Property.
15. Focal Point. A minimum of 0.50 acres shall be positioned to provide a focal
point as one enters the residential portion of the project. Part of this area shall be
31 08SN0105-FEB25-BOS-RPT
"hardscaped" and may have benches and other amenities that facilitate outdoor
gat ermgs.
16. Clubhouse. A clubhouse building containing aminimum oftwo-thousand (2,000)
gross square feet shall be provided with the first phase of the development.
17. Parking and Driveway. Any parking provided on any public right- of way
or garage and carport may be counted toward required parking requirements.
No setback for these structures shall be required from property lines, Parcel
Boundaries, buildings, private streets, alleys and parking areas. All driveways shall
be hardscaped.
18. Buffers. The buffers provided adj acent to Shenandoah Subdivision shall be fifty
(50) to seventy-five (75) feet as depicted on the Concept Plan. These buffers
shall comply with the requirements of the Zoning Ordinance for the associated
buffer widths. Within one-half the width of these required buffers (twenty-five
(25) feet of the fifty (50) foot buffers and thirty-seven and one-half (37.5) feet of
the seventy-five (75) foot buffers), being that portion located along the southern
and eastern property boundaries adjacent to Shenandoah Subdivision, healthy
trees containing a minimum of six(6) inches in caliper shall be preserved, as
determined by the Planning Department. Clearing and grading shall be permitted
within the remaining one-half the width of these required buffers, being that
portion located along the northern and western boundaries of the buffer limits. A
minimum of one (1) week prior to clearing, the owner/developer shall flag the
limits of clearing for inspection by the Planning and Environmental Engineering
Departments as well as the Clover Hill District Planning Commissioner. A
32 08SN0105-FEB25-BOS-RPT
minimum of one (1) week prior to any clearing activity within these buffers, the
owner/developer shall notify the Environmental Engineering and Planning
Departments and the Clover Hill District Planning Commissioner of such
proposed clearing. An inspector from each of these County departments and the
Clover Hill District Planning Commissioner maybe on-site during this clearing
process.
19. Emer . enc, Access. In lieu of a second public access, an emergency access shall
be provided to serve this development prior to the issuance of building permits to
construct more than fifty (50) dwelling units. The location of this access shall be
as generally shown on the Master Plan. This access shall be reviewed and
approved by the Fire Department at the time of plans review.
20. Condominium and Townhouse Security. The developer shall meet the Crime
Prevention through Environmental Design (OPTED) standards, whenever
practicable, in the design of a condominium or townhouse project. If the project
experiences Group A crime incidents above the County average for a year or
longer, then the owner or successor shall submit a security plan to the Chesterfield
County Police Department for review and approval.
Applicable to Parcel C (Townhomes)
21. Uses. Uses shall be limited to those uses permitted by right or with restrictions in
the Residential Townhouse (R-TH) District plus accessory uses.
22. Dem. A maximum of forty-nine (49) townhomes shall be permitted.
23. Dwellin. Size, Height and Architectural Treatment.
33 08SN0105-FEB25-BOS-RPT
a. Each townhouse unit shall contain a minimum gross floor area of 1,360
square feet.
b. Buildings shall not exceed two (2) stories in height.
c. Buildings shall have an architectural treatment and materials generally
consistent with those depicted in the rendering entitled "The Villages of
Shenandoah", dated May 1, 2008.
24. Lot area and width. Each lot shall have an area not less than 1,500 square feet
and a lot width of not less than nineteen (19) feet; except end lots in townhouse
groups or rows shall have lot areas of not less than 1,900 square feet and lot
widths of not less than twenty-six (26) feet.
25. Percentage of lot coverage. All buildings, including accessory buildings, on any
lot shall not cover more than sixty-five (65) percent of the lot's area. No
accessory building on any lot except for a private garage shall cover more than
225 square feet.
26. Front ard. Minimum of ten (10) feet.
27. Side ard. Aside yard of not less than five (5) feet in width shall be provided for
each end residence in townhouse groups or rows.
28. Corner side. Minimum of five (5) feet.
29. Rear side yard. Minimum of twenty (20) feet.
30. Group or row design. In every group or row of townhouses the front yard setback
of at least one unit shall be varied by at least one (1) foot from the adjacent unit.
The total number of lots within each attached group or row of townhouses shall
not exceed eight (8).
34 08SN0105-FEB25-BOS-RPT
31. Alleys
a. Alleys shall be a minimum of twenty (20) feet in width without curb and
gutter and paved with bituminous asphalt. The exact treatment shall be
approved at the time of Tentative Subdivision Plan review.
b. All or part of the alley easement may be provided on a lot.
c. Utility easements may be permitted in the alleys as allowed by Chesterfield
County and private utility companies.
d. Alleys will be privately maintained by a property owners association.
32. Garages. Garages and carports shall be one (1) story in height. All garages and
carports shall be detached from the principal dwelling.
33. Common Area. A minimum common area of five (5) feet in width shall be
provided adj acent to all groups of lots except where the groups front or abut a
public street.
34. Buffers. All required buffers shall be located within recorded open space.
35. Setback to the Shenandoah Subdivision. Dwelling units shall be located a
minimum of one hundred (100) feet from the property line adj acent to
Shenandoah Subdivision, inclusive of buffers.
Applicable to Parcel D (Condominiums)
36. Uses. Uses shall be limited to those uses permitted by right or with restrictions in
the Residential Multifamily (R-MF) District plus accessory uses. All dwelling
units shall be condominiums as defined and regulated by the Virginia
Condominium Act.
35 08SN0105-FEB25-BOS-RPT
3 7. Density. A maximum of ninety-six (96) condominiums shall be permitted. There
shall be no minimum parcel size.
3 8. Percentage of Parcel Coverage. All buildings, including accessory buildings,
shall not cover more than forty (40) percent of the Parcel's area.
3 9. Dwellin.~ Units. No more than four (4) dwelling units shall be permitted on any
one floor level of a building, with no more than twelve (12) dwelling units per
building.
40. Buildin~ght and Setbacks. Buildings shall not exceed three (3) stories nor
forty-five (45) feet in height. No building shall be located closer than 210 feet to
the property line adjacent to Shenandoah Subdivision, inclusive of buffers.
41. Setbacks from Roads, Parking Areas and Property. Except as required by
Condition 1, there shall be no building setbacks from interior private driveways,
public roads, parking areas or property lines.
42. Driveways and Parking Areas. Except as required by Condition 1 there shall be
no setback for private driveways and parking areas.
43. Distance between Buildings. There shall be no minimum required distance
between buildings.
44. Sprinkler S,, sue. Buildings shall have a sprinkler system according to N.F.PA -
13R standards including attics.
45. Trash Receptacles/Dumpsters. No trash receptacles/dumpsters shall be located
closer than three hundred (300) feet to the property line adjacent to Shenandoah
Subdivision. .
36 08SN0105-FEB25-BOS-RPT
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