02SN0131-May22.pdfA~.! ~.v, ~ ......C
May 22, 2002 BS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
02SN0131
RVG Development Company
Midlothian Magisterial District
North and south lines of Robious Road
REQUEST: Rezordng from Residential (R-40) to Residential (R-25) with Conditional Use
Planned Development to pexmit exceptions to Ordinance requirements on 735.1 acres
plus proffered conditions on 6.8 acres zoned Residential (R-40).
PROPOSED LAND USE:
Residential, commercial and recreational uses with exceptions to Ordinance
requirements are proposed (See attached Textual Statement). Specifically, a
maximum of 725 residential units yielding a density of approximately 0.98 units per
acre with supporting coinmercial and recreational uses is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF THE
PROFFERED CONDITIONS ON PAGES 2 THROUGH 7.
AYES: MESSERS. LITTON, GECKER, CUNNINGHAM AND STACK
ABSENT: MR. GULLEY
STAFF RECOMMENDATION
Recommend approval subject to the' applicant addressing concerns relative to the orientation of
garages and restrictions on construction traffic, as discussed herein. This recommendation is made
for the following reasons:
Providing a FIRST CHOICE Community Through Excellence in Public Service.
The proposed zoning complies with the Old Gun/Robious Area Plan which suggests
the property is appropriate for residential development of one (1) dwelling unit per
acre or less.
Requirements of the Zoning Ordinance, Textual Statement, proffered conditions and
conditions further address land use compatibility.
The application fails to address sufficient special design features for garage doors
facing roads in the cluster areas. Such standards would offset the visual impact of
dwelling units on lots smaller than 12,000 square feet. Further, the garage orientation
on larger lots in the development are standards not typically addressed by the County
on lots 12,000 square feet or greater and therefore enforcement will increase
administrative costs.
Proffered Condition 19, which prohibits construction traffic on James River Road
and through the Riverton Subdivision, is difficult, if not impossible, for the County to
enforce.
(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.)
CONDITION
(STAFF/CPC)
The Textual Statement signed 3/22/02 and amended on April 16, 2002, and
all exhibits shall be considered the Master Plan. (P)
PROFFERED CONDITIONS
The property owners and applicant in this rezoning case, for themselves and their successors or
assigns, proffer that the development of the property under consideration shall be in accordance with
the following proffers if, and only if, the rezoning request submitted herewith is granted with only
those conditions agreed to by the owners and applicant. In the event this request is denied or
approved with conditions not agreed to by the owners and applicant, the proffers shall immediately
be null and void and of no further force and effect.
(STAFF/CPC)
1. The overall number of residential units shall not exceed 725. (P)
(STAFF/CPC)
2. Residential development on the property shall be phased as follows:
a4
No more than a cumulative total of 150 lots shall be recorded
prior to January 1, 2003.
2 02SN0131-MAY22-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
No more than a cumulative total of 230 lots shall be recorded
prior to January 1, 2004.
No more than a cumulative total of 310 lots shall be recorded
prior to January 1, 2005.
No more than a cumulative total of 390 lots shall be recorded
prior to January 1, 2006. (P)
There shall be no residential lot located in Parcel J. (P)
Open Space. A minimum of one hundred fifty (150) acres shall be
provided within the development for common open space use. (P)
Recreational Facilities. Any recreational facilities shall be subject to
the following restrictions:
Except in Parcel I where public address systems are
prohibited, outside public address systems or speakers shall
not be used between the hours of 11:00 p.m. and 8:00 a.m.,
and can be used only in conjunction with a pool.
With the exception of playground areas which accommodate
swings, jungle gyms, or similar such facilities, all outdoor
play fields, courts, swimming pools and similar active
recreational areas shall be located a minimum of one hundred
(100) feet from any proposed or existing single family
residential lot line and a minimum of fifty (50) feet from any
existing or proposed public road.
Within the one hundred (100) foot and fifty (50) foot
setbacks, a fifty (50) foot buffer shall be provided along the
perimeter of all active recreational facilities except where
adjacent to any existing or proposed roads. This buffer shall
conform to the requirements of the Zoning Ordinance for fifty
(50) foot buffers.
Any playground areas (i.e., areas accommodating swings,
jungle gyms or similar such facilities) shall be located a
minimum of forty (40) feet from all property lines. A forty
(40) foot buffer shall be provided along the perimeter of these
recreational facilities except where adjacent to any existing or
proposed roads. This buffer shall conform to the
requirements of the Zoning Ordinance for fifty (50) foot
buffers.
Nothing herein shall prevent development of indoor facilities
and/or parking within the one hundred (100) foot setback.
Exterior lighting for recreational uses shall comply with
Section 19-573 of the Zoning Ordinance, and the maximum
height for light posts shall not exceed twenty (20) feet.
3 02SN0131-MAY22-BOS
(STAFF/CPC
(STAFF/CPC
(STAFF/CPC
(STAFF/CPC
(STAFF/CPC
10.
The location of ail active recreational uses shall be identified
in conjunction with the submittal of the first tentative
subdivision plan.
In conjunction with the recordation of any lot adjacent to
active recreational area(s), such area(s) shall be identified on
the record plat along with the proposed recreational uses and
required conditions. (P)
An Overall Water and Wastewater Systems Plan for this
development, accompanied by a Utilities Infrastructure Phasing Plan,
shall be submitted to the Department of Utilities at least thirty (30)
days prior to the submission of the first tentative subdivision, site, or
construction plan for this development. Should variations in line
sizing and/or location of lines later be considered which are deemed
"significant" changes by the Department of Utilities, these Plans shall
be revised and submitted for re-approval prior to the approval of any
additional tentative subdivision, site, or construction plans for this
development. (U)
The public water and wastewater systems shall be used.
At the time of tentative or site plan submission, a plan shall be
submitted to Environmental Engineering for approval to minimize the
disturbance of slopes for roads and sewer lines at elevations between
275 and 350 feet. (EE)
In conjunction with site or subdivision construction plans for any area
which drains to Riverton Subdivision, the drainage structures in the
Riverton Subdivision shall be analyzed for their adequacy to
accommodate the runoff. The analysis shall be submitted to
Environmental Engineering for approval. If the analysis reveals that
the structures are inadequate, measures such as, but not limited to, on-
site retention or redirecting the flow shall be employed, as approved
by Environmental Engineering. (EE)
There shall be no timbering on the property until a Land Disturbance
Permit has been obtained from Environmental Engineering and the
approved devices have been installed. Further, prior to tentative or
site plan submission, there shall be no timbering on slopes at
elevations between 275 and 350 feet, except for hauling roads and
utilities, and any land disturbance plan for such hauling roads and
utilities shall be submitted to Environmental Engineering for approval
to minimize the disturbance of slopes at elevations between 275 and
350 feet. 0~E)
4 02SN0131-MAY22-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
11.
12.
13.
14.
15.
Any open basins required for water quantity or quality control shall
be designed as wet ponds and shall be landscaped or otherwise
improved so that the facilities become visual enhancements to, and
amenities for, the uses developed on the Property. At the time of
tentative subdivision or site plan submission, a plan depicting these
requirements shall be submitted for review and approval. (EE)
Direct access from the property to Robious Road shall be limited to
no more than two (2) public roads (the "Site Road(s)"). The exact
location of these accesses shall be approved by the Transportation
Department. (T)
To provide for an adequate roadway system at the time of complete
development, the developer shall be responsible for the following:
d4
Construction of additional pavement along Robious Road at
the Site Road(s) intersection(s) to provide left and right mm
lanes;
Construction of additional pavement along the Site Road(s) at
its or their intersection(s) with Robious Road to provide a
three (3) lane typical section (i.e., one (1) entering
(northbound) lane and two (2) existing (southbound) lanes);
If necessary, relocation of the ditch to provide an adequate
shoulder along the north side of Robious Road for the entire
property footage;
Full cost for installation of traffic signals at the Site
Road(s)/Robious Road intersections, if warranted as
determined by the Transportation Department; and
Dedication to Chesterfield County, free and unrestricted, of
any additional right-of-way (or easements) required for the
improvements identified above. (T)
Prior to any construction plan approval or any site plan approval,
whichever occurs first, a phasing plan for the required road
improvements, as identified in Proffered Condition 13 above, shall be
submitted to and approved by the Transportation Department. (T)
There shall be no road connection between the subject property and
Tax IDs 737-725-8140, 736-722-5574, 737-726-0876, and 737-727-
2907. Provided, further, no road shall transverse the eastern property
line of the subject property and no stub road shall be permitted to any
property east of the subject property. At time of tentative subdivision
review, this condition may be modified to allow a stub road right-of-
way to serve Tax ID 735-721-2025, provided that the stub road is not
5 02SN0131-MAY22-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
16.
17.
18.
used to serve any other property or is not extended to intersect with
Old Gun Road. (T)
Within thirty (30) days from a written request by the Transportation
Department, but no earlier than March 1, 2005, or one (1) year after
the first subdivision plat is recorded for the subject property,
whichever occurs later, the developer shall provide a payment in the
amount of $450,000 to the County towards the widening of Robious
Road from Salisbury Road to James River Road. The payment shall
be used for the widening of Robious Road from Salisbury Road up to
James River Road, and the widening shall extend as far west from
Salisbury Road as the payment will allow. If the County has not
awarded a contract for the aforesaid widening within twenty-four (24)
months of receiving payment, then the County shall return the
payment within thirty (30) days of the developer's written demand to
return the payment. Further, if the contract is not awarded within the
aforesaid twenty-four (24) month period, this proffer shall be void
and the County relinquishes any right to the $450,000 payment. In
addition, if the County fails to award a contract for the aforesaid
widening by March 1, 2014, or eleven (11) years after the first
subdivision plat is recorded for the subject property, whichever
occurs later, the County shall return the payment to the developer
within thirty (30) days thereafter and this proffer shall be void and the
County relinquishes any right to the $450,000 payment. (T)
To the extent permitted by the Transportation Department and
VDOT, the road system of the development shall be built generally
consistent with, and as generally reflected on, Exhibit I. (T)
To the extent permitted by the Transportation Department and
VDOT, the following requirements shall be met:
In conjunction with the construction of Riverton Ridge Drive
Extended, a traffic island/circle shall be provided as generally
depicted on Exhibit 1.
The typical section for Riverton Ridge Drive Extended shall
be twenty-eight (28) feet face of curb to face of curb,
including a four (4) foot wide sidewalk along the northern
side of the street.
Riverton Ridge Drive Extended shall be constructed with curb
and gutter.
The cross-hatched portion of the road labeled Road A on
Exhibit 1 shall not be constructed before more than 299
residential lots are recorded. (T)
6 02SN0131-MAY22-BOS
(cpc)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
19.
20.
21.
22.
Construction traffic for development on the subject property shall be
prohibited on James River Road and through the Riverton
subdivision. (P)
Riverton Ridge Drive Extended shall be paved within one hundred
twenty (120) days after the stone is put down for Riverton Ridge
Drive. (T)
Riverton Ridge Drive Extended shall not be opened to traffic until it
is paved according to the approved construction plans. (T)
Prior to recordation of the first sixty (60) lots, the applicant,
subdivider, or assignee(s) shall pay the following to the County of
Chesterfield for improvements to Robious Road:
$7,800.00 per lot for each of the sixty (60) lots.
In the event the cash payment is not used for the purpose for
which proffered witkin 15 years of receipt, the cash shall be
returned in full to the payer. (B&M)
GENERAL INFORMATION
Location:
North and south lines of Robious Road, east of James River Road. Tax IDs 729-721-5284;
731-722-2210; 731-724-9333; 732-728-7405 and 9501; and 734-723-3974 (Sheets 1 & 2).
Existing Zoning:
R-40
Size:
741.9 acres
Existing Land Use:
Vacant
Adiacent Zoning and Land Use:
North - R-40 and Henrico County; Single family residential, vacant or James River
South and East - R-40; Single family residential or vacant
West - R-15 and R-40; Single family residential or vacant
7 02SN0131-MAY22-BOS
UTILITIES
Proffers require that an Overall Water and Wastewater Systems Plan for this development,
accompanied by a Utilities Infrastructure Phasing Plan, shall be submitted to the Department of
Utilities at least thirty (30) days prior to the submission of the first tentative subdivision, site or
construction plan for this development. Should variations in line sizing and/or location oflines later
be considered which are deemed "significant" changes by the Department of Utilities, these plans
must be revised and submitted for re-approval prior to the approval of any additional tentative
subdivision, site or construction plans for this development. (Proffered Condition 6)
Public Water System:
There is an existing sixteen (16) inch water line extending along the north side of Robious
Road, adjacent to the request site. There is an existing eight (8) inch water line along a
portion of Riverton Ridge Drive in Riverton Subdivision, which terminates approximately
900 feet west of this site. In addition, there is an existing twelve (12) inch water line along
Rivers Hill Drive in James River West Subdivision, which terminates adjacent to the
southern boundary of the request site. Use of the public water system is intended and has
been proffered. (Proffered Condition 7)
Preliminary computer simulated flow tests indicate a potential for high domestic flow
pressure at this site. Individual pressure regulators may be necessary on service lines.
Public Wastewater System:
There is an existing thirty-six (36) inch wastewater trunk line extending along the no~hern
portion of the request site, adjacent to the James River. There is an existing eight (8) inch
wastewater collector adjacent to Rivermist Road, Raftersridge Drive and Waterswatch Drive
in Riverton Subdivision, adjacent to the western boundary of the request site. In addition,
there is an existing ten (10) inch wastewater tnmk line extending along a portion of Salles
Creek in Clarke's Forge Subdivision, adjacent to the eastern boundary of the request site.
Use of the public wastewater system is intended and has been proffered. (Proffered Condition
7)
The Environmental Engineering Department has expressed concerns relative to minimizing
the disturbance of slopes for extension of gravity wastewater lines along the natural draws
between the elevations of 275 feet and 350 feet. To address this concern, the applicant has
proffered to submit a plan for minimizing slope disturbance to the Environmental
Engineering Department at the time of tentative or site plan submission (Proffered Condition
8). The Utilities Department will work with the developer in the design of the on-site
wastewater collection system so as to minimize slope disturbance where possible.
8 02SN0131-MAY22-BOS
ENVIRONMENTAL
Drainage and Erosion:
The property drains to the north and northeast either directly into the James River or through
Riverton Subdivision to the James River. When Riverton Subdivision was designed, it was
anticipated that this property would be developed for R-40 zoning and, therefore, the
drainage structures within Riverton were sized accordingly. The existing culverts in
Riverton may not be adequate with the change in zoning patterns to include some
commercial areas. Therefore, the drainage structures in Riverton should be analyzed and, if
it is determined that the structures are inadequate, it may be necessary to employ on-site
retention or redirect the drainage flow. (Proffered Condition 9)
There are some extremely steep, highly erodible slopes along the northeast and western edges
of Parcel D and, as such, disturbance along the slopes should be minimized for timbering,
sewer construction and road access to the north (Proffered Condition 8). The property is
wooded and, as such, should not be timbered without first obtaining a land disturbance
permit from the Environmental Engineering Department. This will ensure that adequate
erosion control measures are in place prior to any land disturbance. (Proffered Condition 10)
Water Quality:
A wide 100-year floodplain exists along the James River and, since the James River is a
perennial stream, a Resource Protection Area (RPA) is located on the property.
Development in, and around, this RPA must be in accordance with Chesapeake Bay Act
guidelines.
To address concerns expressed relative to the aesthetics of any aboveground storm water
management (SWM) or best management facilities, the applicant has agreed that any such
facility will be landscaped or otherwise improved so that they become visual enhancements
to uses developed on the property. (Proffered Condition 11)
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 2002-2007 Capital Improvement Program and
further detailed in the applicable sections of this "Request Analysis." Since this request will not
increase the number of potential dwelling units that could be developed on the property, there will be
no net increase in the impact on capital facilities.
Fire Service:
The Public Facilities Plan indicates that emergency services calls are expected to increase
forty-five (45) percent by the year 2015. Eight (8) new fire/rescue stations are recommended
for construction by the year 2015 in the Public Facilities Plan. It is estimated that this
9 02SN0131-MAY22-BOS
development will generate approximately ninety-five (95) calls for fire and rescue service
each year. This is not, however, a net increase from the number that could be generated
under the existing zoning.
The Bon Air Fire/Rescue Station, Company Number 4 and Forest View Volunteer Rescue
Squad currently provide fire protection and emergency medical service to this area.
To satisfy the requirement of the Subdivision Ordinance, when the accumulative total of
homes in this development exceeds fifty (50), a second public road access to all dwellings
must be provided unless relief is granted through the tentative subdivision review process.
This requirement is necessary to provide emergency vehicles a second access to the homes
should the other entrance become blocked.
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.
.Schools:
It is estimated that approximately 385 school age children will be generated by development
of this property. This is not, however, a net increase from the number that could be
generated under the existing zoning.
This site lies in the Robious Elementary School attendance zone: capacity - 700, enrollment-
574; Robious Middle School zone: capacity - 1,090, enrollment - 1,155; and James River
High School zone: capacity 2,000, enrollment - 1,716.
.Libraries:
Since this request will not increase the number of lots that could be developed under the
existing zoning, there will be no net increase in the impact on library facilities.
Parks and Recreation:
Since this request will not increase the number of lots that could be developed under the
existing zoning, there will be no net increase in the impact on parks and recreational
facilities.
Transportation:
The property (741.9 acres) is currently zoned for single family residential use (R-40). The
applicant is requesting rezoning to allow development that includes various residential
housing types, plus recreational, retail and office uses. The applicant has proffered a
maximum residential density of 725 units (Proffered Condition 1). The applicant has
committed to a maximum density of 5,000 square feet of Convenience Business (C-l) uses,
and 15,000 square feet of Neighborhood Office (O-1 ) uses (Textual Statement, B.5.a.). This
10 02SN0131-MAY22-BOS
request will not limit development of the C-1 or O-1 tracts to a specific land use; therefore, it
is difficult to anticipate traffic generation. Based on single family, office and retail trip rates,
the entire development could generate approximately 7,720 average daily trips. These
vehicles will be distributed along Robious Road, which had a 2000 traffic count of 10,104
vehicles per day.
The Thoroughfare Plan identifies Robious Road as a major arterial. Direct access to major
arterials, such as Robious Road, should be controlled. The applicant has proffered to limit
direct access from the property to Robious Road to two (2) public roads. (Proffered
Condition 12)
Robious Road is a two (2) lane facility from Salisbury Road to the County Line. The section
of Robious Road from Salisbury Road to James River Road was reconstructed in conjunction
with development of the two (2) schools along James River Road. Included in the Virginia
Department of Transportation (VDOT) Six-Year Secondary Road Improvement Program is a
project to reconstruct Robious Road as a two (2) lane facility from James River Road to the
County Line. Based on State funding forecasts, project schedules are uncertain at this time.
This project will be reevaluated, because a section of this roadway is now being
reconstructed in conjunction with area development.
The traffic impact of this development must be addressed. It is anticipated that a majority of
the traffic generated by this development will be distributed towards the east. Robious Road,
as a two (2) lane road, cannot handte this traffic. The applicant has proffered to contribute
$450,000 towards widening Robious Road from Salisbury Road to James River Road plus
$468,000 ($7,800 per dwelling unit for the first sixty (60) dwelling units) (Proffered
Conditions 16 and 22). The right of way for road improvements to Robious Road is
currently available. The developer's contribution should fund the widening of Robious Road
from Salisbury Road through the proposed access to the property. If actual construction bids
permit, the proffered conditions would allow this four (4) lane improvement to extend further
west towards James River Road.
The applicant has also proffered to: 1) construct additional pavement along Robious Road at
each approved access to provide left and right mm lanes; 2) construct additional pavement
along each site road at their intersections with Robious Road to provide a three (3) lane
typical section (i.e., one (1) entering lane and two (2) exiting lanes); 3) relocate the ditch to
provide an adequate shoulder along the north side of Robious Road for the entire property
frontage, if necessary; and 4) provide full cost for the installation of traffic signal(s) at each
site road, if warranted. (Proffered Condition 13)
The Subdivision Ordinance requires that subdivision streets must conform to the Planning
Commission's Stub Road Policy, which suggests that traffic volumes on those streets should
not exceed an acceptable level of 1,500 vehicles per day. It will be necessary for the
developer to provide a no-lot frontage road (i.e., residential collector) through most of the
property.
11 02SN0131-MAY22-BOS
Riverton Subdivision borders the western boundary of the property. In conjunction with
recordation of that subdivision, a stub road right of way (i.e., Riverton Ridge Drive) was
provided to the subject property. Riverton Ridge Drive was designed and constructed as a
residential collector.
To address neighborhood concems west of the property, the applicant has proffered several
conditions regarding the extension of Riverton Ridge Drive ("Riverton Ridge Drive
Extended") into the property. The applicant has submitted a proposed layout (Exhibit 1) for
the street system adjacent to Riverton Subdivision, which incorporates Riverton Ridge Drive
Extended. A proffered condition would require the streets within the property to be built
generally consistent with Exhibit 1 (Proffered Condition 17). Another proffered condition
would not allow the developer to constmct a section of the street system, identified on
Exhibit 1 with cross-hatching, before more than 299 residential lots are recorded (Proffered
Condition 18.d.). Other proffered conditions regarding Riverton Ridge Drive Extended
require: 1) a traffic circle to be provided; 2) specific pavement width; 3) the use of curb and
gutter; 4) the road to be paved within 120 days after the stone subbase is placed; and 5) the
road not to be opened to traffic until it is paved. (Proffered Conditions 18, 20 and 21)
To address neighborhood concerns east of the property, the applicant has also proffered
several conditions regarding access to the east. The applicant has proffered that no road
connection will be provided from the property to four (4) specific parcels located east of the
property, and that no road will cross the eastern property line, and that no stub road will be
provided to any parcel east of the property. However, at the time of tentative plan review,
the condition may be modified to allow a stub road right of way to Tax ID 735-721-2025
provided such stub does not accommodate furore connection to any adjacent property or Old
Gun Road. (Proffered Condition 15)
At time of tentative subdivision review, specific recommendations will be provided
regarding access onto Robious Road and the internal street network.
Financial Impact on Capital Facilities:
Since this request will not increase the number of lots that could be developed under the
existing zoning, there will be no net increase in the impact on capital facilities other than
described in the Transportation section of this "Request Analysis". The Transportation
section also describes how the applicant's proffered conditions assist in mitigating the impact
of this development on roads.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Old Gun/Robious Area Plan which suggests the property is
appropriate for residential development of 1.0 dwelling unit per acre or less.
12 02SN0131-MAY22-BOS
Area Development Trends:
Properties to the north are occupied by single family dwellings or are vacant and by the
James River, which is located in Henrico County. With the exception of Riverton,
Brookstone and Lenox Forest Subdivisions, which are zoned Residential (R- 15), and Charter
Woods, Kings Farm and Queens Grant Subdivisions, which are zoned Residential (R-25), all
other area properties are zoned Residemial (R-40) and are occupied by various subdivisions
which include Powderham, James River West, Clarke's Forge, Robious Forest, River Oaks,
London Park and Salisbury - Silbury Hills or remain vacant.
The properties which are zoned R-40 have held that zoning classification since at least 1974,
and in some cases prior to 1974. These R-40 properties have developed at densities ranging
from .5 to .9 dwelling units per acre.
Charter Woods Subdivision was zoned to R-25 classification in 1981 (Case 81 S032) with a
requirement for a minimum lot size of 25,000 square feet. Charter Woods has developed at
a density of 1.4 dwelling units per acre. Brookstone Subdivision was zoned R-15 in 1992
(Case 92SN0206). Conditions of zoning for Case 92SN0206 limit density to a maximum of
1.6 dwelling units per acre; however, Brookstone has developed at a density of 1.5 dwelling
units per acre. Riverton Subdivision was zoned R- 15 in 1994 (Case 93 SN0214). Conditions
of zoning for Case 93 SN0214 limit density to a maximum of 1.2 dwelling units per acre and
that is the density at which the subdivision has developed. Brookstone and Riverton were
zoned when the land use plan for the area (Northern Area Land Use Plan) suggested that
residential development at 1.5 dwelling units per acre or less was appropriate for the area.
During the Riverton rezoning, concerns were raised that perhaps the density suggested by the
Plan was too high.
Subsequent to these zonings, an amendment to the Northern Area Land Use Plan was
adopted (Old Gun/Robious Area Plan.). This Plan amendment was driven by increasing
development in the Robious Road corridor and because area property owners felt the density
suggested by the Northern Area Land Use Plan was too high. The Plan amendment included
the land area that is the subject of this request. The amendment reduced suggested densities
in the majority of the area from 1.5 dwelling units per acre or less to 1.0 dwelling units per
acre or less. There has been one (1) residential zoning case approved in the area since
adoption of the Old Gun/Robious Area Plan. The land area encompassing Kings Farm,
Queens Grant and Lenox Forest Subdivisions was rezoned to R-25 and R-15 in 1999 (Case
00SN0111), with an overall density limitation of .92 dwelling units per acre. These
subdivisions are currently developing at densities of 1.1 units per acre (Kings Farm), .8 un/ts
per acre (Queens Grant) and 1.4 units per acre (Lenox Forest). Based upon the limitations of
the zoning, at the time of complete development, the overall density cannot exceed .92 units
per acre. It should be noted, these subdivisions are not fully developed.
13 02SN0131-MAY22-BOS
Current Zoning:
Currently, the property is zoned Residential (R-40). The Residential (R-40) zoning requires
a minimum lot size of 40,000 square feet. An R-40 property having no development
constraints, such as steep slopes or floodplains, could be developed at a density of 0.99
dwelling units per acm. County-wide, the average density that has been recorded in R-40
Districts has been approximately 0.6 dwelling units per acre.
Site Design:
The Master Plan divides the property into several tracts of land (Textual Statement).
Generally, the Master Plan provides for a transition in lot sizes within the development with
smaller lots located closest to Robious Road, where the more severe topography of the site
exists, and the on site recreational and commercial uses proposed generally in the center of
the development. Adjacent to surrounding developments, the Textual Statement addresses
provision of open space, increased setbacks or comparable lot sizes to those adjacent to those
developments. A total of 725 dwelling units are proposed (Proffered Condition 1). Tracts A,
A- 1, B and H are proposed for development of lots ranging in size between 7,000 and 20,000
square feet. If Tracts B and H are developed for a combination of lot sizes, the Textual
Statement requires submission ora conceptual plan. At the time of review of the conceptual
plan, conditions may be imposed to insure land use compatibility and transition. (Textual
Statement B.3.c.)
Tract E is proposed for development of single family residential uses conforming to, at a
minimum, R-15 requirements with a minimum lot size of 20,000 square feet.
Tracts F and K are proposed for development of single family residential uses generally
conforming to R-25 requirements with the exception that the minimum lot size in Tract K
would be 20,000 square feet.
Tracts G and G-1 are proposed for development of single family residential uses conforming
to, at a minimum, R-40 requirements with the exception that the minimum lot width in Tract
G-1 would be of 115.
Tracts C, D and I are proposed for development of commercial, recreational, private
membership clubhouse and/or private membership dining facility uses. While Tract J is
zoned residentially, it is not to be developed for residential use and would only be allowed
other uses that may be permitted in a single family residential district (Proffered Condition
20). This could include, but not necessarily be limited to churches and other places of
worship; publicly operated schools, colleges, libraries and museums; and publicly operated
parks, playgrounds and athletic fields. Any public facility would require Substantial Accord
approval.
14 02SN0131-MAY22-BOS
Comparison of Area Densities:
The adjacent Riverton Subdivision has developed at a density of 1.2 units per acre; Clarke's
Forge has developed at a density of .5 units per acre; James River West has developed at a
density of.7 units per acre; and Powderham has developed at a density of .9 units per acre.
There are other subdivisions in the area which, while not adjacent to the subject property,
would be impacted by additional development in the Robious Road Corridor. They include
London Park (.7 units per acre), River Oaks (.8 units per acre), Charter Woods (1.4 units per
acre), Salisbury-Silbury Hills (.8 units per acre), Robious Forest (.9 units per acre), Queens
Grant (.8 units per acre), Kings Farm (1.1 units per acre), Lenox Forest (1.4 units per acre)
and Brookstone. (1.5 units per acre)
This proposal would yield a density of approximately 1.0 unit per acre.
Cluster Homes: (Tracts A, A-l, B and H)
Development of lots in Tracts A, A- 1, B and H will be regulated by the standards set forth in
the Textual Statement, B.4. Residences are proposed to be developed on individual lots
having an area of not less than 7,000 square feet, but not more than 15,000 square feet
(cluster homes by the applicant's Textual Statement). A maximum of seventy (70) dwellings
would be permitted in Tract A. A maximum of seventy-five (75) dwellings limited to
occupancy by older persons would be permitted in Tract A-1. The minimum lot sizes in
Tract A would be 9,000 square feet and Tract A-1 7,000 square feet. As noted, Tracts B and
H could be developed with either minimum lot sizes of 10,000 and 12,000 square feet
(cluster homes); or lot sizes of a minimum of 20,000 square feet (non-cluster homes); or a
combination of lot types. In cluster home areas, if lot sizes differ by more than 2,000 square
feet, a conceptual plan addressing land use transition and compatibility must be submitted to
the Planning Department for review and approval (Textual Statement, B.4.a.). Lots for
cluster homes in Tract A would be required to be a minimum of 200 feet from any lot in the
Riverton Subdivision and 300 feet from the ultimate right of way for Robious Road.
(Textual Statement, B. 1 .c. and d.)
Other restrictions include foundation treatment; lot width; setbacks; provision of a focal
point; provision of a community area; provision of street trees; provision of street lighting;
landscaping; provision of sidewalks; location of easements; treatment of individual
driveways and parking areas; house sizes; location and orientation of garages; and restrictive
covenants. (Textual Statement A.2., B.1. and 4.)
With one exception, requirements offered for cluster homes are consistent with those
typically required by the Commission and Board on similar projects reeentty approved. The
provision fails to sufficiently minimize the number of garage doors oriented to roads or
address standards which will minimize the visual predominance of garages facing the road.
15 02SN0131-MAY22-BOS
Single
With respect to garages in cluster development, the Textual Statement would allow all
dwellings in Tracts A and A-1 to have front entry garages, provided they not extend beyond
twelve (12) feet of the front porch or front wall of the home if the front wall is closer to the
road than the front porch, and provided, the minimum setback for the garage shall be twenty
(20) feet (Textual Statement, B.4.p.). This provision could address concerns relative to the
visual impact of garage doors facing the street, if additional standards which address special
design elements such as the number of units adjacent to each other having garages facing the
street, were also included or the standards required the front yard or porch to be closer to the
road than the garages. Typically, where the Commission and Board have allowed garage
doors to face the street in higher density developments, such design features have been
required.
Family Residential: (Tracts B, E, F, G, G-l, H and K)
Traditional single family residential uses would be permitted within the boundaries of the
tracts listed above. Such uses in Tracts B, E and H would be required to be developed in
accordance with the Zoning Ordinance requirements for Residential (R- 15) Districts, except
the minimum lot size would be 20,000 square feet and provided that B or H is not developed
for cluster homes, as described above. Further, any lot in Tract E which is adjacent to the
Riverton Subdivision will be a minimum of 40,000 square feet in area and have a minimum
principal structure setback of fifty (50) feet (Textual Statement, B.7.a. 1) and 2).) The
average lot size in Riverton Subdivision is approximately 33,150 square feet and the
Riverton zoning requires that all lots adjacent to the subject property be a minimum of
40,000 square feet.
Single family residential uses in Tracts F would be required to be developed in accordance
with the Zoning Ordinance requirements for Residential (R-25) Districts, except the
minimum lot width would be 100 feet. In addition, any lot in the northern Tract F adjacent to
Tax ID 734-727-2194 would be a minimum of 40,000 square feet. (Textual Statement,
B.8.a.)
Lots developed in Tracts G and G-1 would be required to comply with the Zoning Ordinance
requirements for Residential (R-40) Districts, except the minimum lot width for lots in Tract
G-1 would be 115 feet (Textual Statement, B.9. and 10.). Some lots in Tract G will abut
Clarke' s Forge Subdivision, which has developed with an average lot size of approximately
80,520 square feet. The Textual Statement would prohibit any dwelling in Parcel G from
locating east of the gas easement shown on the Master Plan. (Textual Statement B.9.b.)
In Tract K, any lot adjacent to James River West Subdivision would be required to comply
with the Zoning Ordinance requirements for Residential (R-40) Districts, except the
minimum lot width would be 115 feet (Textual Statement, B. 12.a.). James River West has
developed with an average lot size of approximately 59,665 square feet. All other lots in
Tract K would be required to meet R-25 standards, except the minimum lot size would be
20,000 square feet and the minimum lot width would be 100 feet. (Textual Statement,
B. i 1.c.)
16 02SN0131-MAY22-BOS
No lots in any of the above listed tracts would have front loaded garages. Typically, where
subdivision have minimum lot areas of 12,000 square feet or greater, the orientation of
garage doors is not addressed through the zoning process. Generally, due to the larger lot
sizes, garage doors facing the street do not tend to have the same visual predominance on the
streetscape as those located on smaller lots. Staff reconunends that this standard not be
accepted as it will increase administrative costs of permit reviews. (Textual Statement B,,
3.b., 7.c., 8.c., 9.d., and 12.d.)
Comparison of House Sizes:
The average house size in Riverton is approximately 2,970 square feet; in Clarke's Forge it's
approximately 5,570 square feet; in James River West, approximately 4,080 square feet; and
in Powderham, approximately 2,860 square feet. Average house sizes in other area
subdivisions range from a low of approximately 2,625 square feet to a high of 3,765 square
feet. To date, occupancy permits have not been issued in Kings Farm, Queens Grant or
Lenox Forest Subdivisions. However, conditions of zoning approval for Lenox Forest would
allow 2,200 square feet one (1) story dwellings and 2,500 square feet for all others. Kings
Farm and Queens Grant could have 2,500 square feet one (1) stow dwellings and 2,700
square feet for all others, except where abutting Brookstone, those dwellings must be a
minimum of 2,700 square feet.
By comparison, homes in Tract A are required to have a minimum of 1,800 square feet of
gross floor area and homes in Tract A-1 are required to have a minimum of 1,800 square feet
of gross floor area for one (1) story units and 2,000 gross square feet for units greater than
one (1) story (Textual Statement, B.4.o.i. and ii.). Homes in Tracts B and H are required to
have a minimum of 2,600 square feet of gross floor area (Textual Statement, B.3.d. and
4.o.iii. and iv.); in Tracts E and F, a minimum of 3,000 square feet of gross floor area
(Textual Statement, B.7.b. and 8.b.); and in Tracts G and G- 1, and in Tract K where adjacent
to James River West, a minimum of 3,500 square feet of gross floor area (Textual Statement,
B.9.c., 10.b. and 12.b.) and all others in Tract K a minimum of 3,000 square feet of gross
floor area. (Textual Statement, B. 12.c.)
Commercial: (Tract C)
Tract C is proposed for limited commercial uses in a "village-type" setting. Given the size of
this proj eot, the C-1 Tract wilt provide the opportunity the accommodate limited commercial
uses to serve the residents in the community and avoid the necessity for travel to the
commercial areas to the east at Robious and Huguenot Roads.
The Textual Statement requires any commercial uses in Tract C to conform to the
requirements of the Zoning Ordinance for C-1 Districts in the Midlothian Village Core
(Textual Statement, B.5.a.). Village District development standards are intended to maintain
and reinforce the character, identity and pedestrian scale of an area. These requirements
address access, landscaping, architectural treatment, setbacks, parking, signs, buffers and
17 02SN0131-MAY22-BOS
utilities and result in a more neo-traditional site design generally conclusive to pedestrian
traffic and compatible with and enhancing surrounding residential areas.
The Textual Statement farther limits C-1 uses in Tract C to a maximum of 20,000 gross
square feet, with a minimum of 15,000 of the 20,000 gross square feet limited to those uses
permitted in the Neighborhood Office (O-1) District (Textual Statement, B.5.a.) thereby
resulting in an maximum of 5,000 square feet of commercial uses. A portion of Tract C (at
least four (4) acres) is to be used for recreational purposes. Given the mixture of uses, a
conceptual plan addressing land use transitions and compatibility between uses within the
parcel as well as with adjacent parcels must be submitted prior to the first site plan approval
(Textual Statement, B.5.a.). At that time, staff will address location of specific uses on the
tract as well as other design criteria to maximum land use transition and compatibility.
Open Space and Recreation Areas: (Tracts C, D and I)
A minimum of 150 acres of common open space within the development has been proffered
(Proffered Condition 4). Where lots are reduced below the minimum lot size of 25,000
square feet, the Zoning Ordinance will require that a comparable amount of square footage be
placed in open space. This area will be inclusive of the 150 acres which the developer has
agreed to maintain in open space. The Zoning Ordinance defines open space as any area "not
occupied by a building, structure, drive or parking area." The Subdivision Ordinance will
require creation of a Homeowner's Association to maintain any common open space.
Within Tracts A and A-I, a minimum 0.5 acres of open space/community area to serve as a
focal point as one enters those tracts is proposed (Textual Statement, B.4.g.). Benches and
other amenities are to be provided within these areas to facilitate outdoor gatherings. Within
Tract B, a minimum 0.2 acres for a community area, with benches and other amenities to
facilitate outdoor gatherings (Textual Statement, B.4.h.) is proposed and to be located to be a
focal point as one enters this tract.
At least four (4) acres in Tract C are to be used for recreation purposes (Textual Statement,
B.5.a.). Tracts D and I are also to be used for recreational purposes, to include ball fields
(Tract D only) as well as other recreational facilities and uses intended to serve the
surrounding residential community, such as swimming pools, clubhouse, playgrounds and
related facilities and uses (Textual Statement, B.6. and 11.). A pool and clubhouse are
required to be constructed before the 301st residential building permit for a dwelling is
granted (Textual Statement, B.6.b.). Tract I could also include additional passive
recreational facilities as well as a private membership clubhouse, a private membership
dining facility, boating and boat storage (Textual Statement, B.11.a.). In addition, a boat
ramp facility would be permitted in Tract I for a private membership club, provided it has a
controlled access (Textual Statement, B.11.d.). The above noted facilities and associated
parking in Tract I are required to be located a minimum of 1,000 feet from the eastern
property line, so as to minimize their impact on adjacent residential development (Textual
Statement, B.11.e.). Development of recreational facilities in these tracts would be in
18 02SN0131-MAY22-BOS
accordance with Proffered Condition 5 which addresses limitations on outside public
address system, setbacks, buffers and lighting.
Construction Traffic:
Proffered Condition 19 prohibits construction traffic for development on the subject property
from utilizing James River Road and any road through the Riverton Subdivision. This
proffered condition is difficult, if not impossible, for staff to enforce. Staff recommends this
proffered condition not be accepted.
CONCLUSIONS
The proposed zoning complies with the Old Gun/Robious Area Plan which suggests the property is
appropriate for residential development of 1.0 dwelling units per acre or less. The density proposed
by this application is approximately 0.98 dwelling unit per acre.
As stated herein, the application fails to address sufficient special design features for garage doors
facing roads in the areas proposed for lots less than 12,000 square feet in area. These elements have
typically been addressed on other projects having similar lot sizes as to that proposed by this
application. Further, the Textual Statement addresses garage orientation for lots greater than 12,000
square feet which is a design that is not typically addressed through the zoning process. If accepted,
the enforcement will increase administrative costs.
Proffered Condition 19, which prohibits construction traffic on James River Road and through
Riverton Subdivision is difficult, if not impossible, for the County to enforce. This proffer should
not be accepted.
Given these considerations, approval of this request is recommended subject to the applicant
addressing concerns relative to orientation of garages and concerns relative to construction traffic
restrictions, as discussed herein.
CASE HISTORY
Planning Commission Meeting (1/15/02):
On their own motion, the Commission deferred this case to March 19, 2002.
Staff ( 1 / 16/02):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than January 22, 2002, for consideration at the Commission's March
19, 2002, public heating.
19 02SN0131-MAY22-BOS
Applicant ( 1/31/02):
The applicant submitted a revised Textual Statement and proffered conditions.
Representatives of Various Area Neighborhoods, Staff and the Midlothian Planning Commissioner
(1/31/02):
A meeting was held to discuss the proposed development. Concerns were expressed relative
to traffic; Riverton Ridge Road Extension; density; overall quality of cluster development;
the private membership club; and lack of compatible lot sizes adjacent to James River West.
Representatives of Various Area Neighborhoods, Applicant, Staff and the Midlothian Planning
Commissioner (2/5/02):
A meeting was held to discuss the proposed development. Concerns were expressed relative
to density; lot and house sizes adjacent to James River West; overall quality of development;
the commercial uses; orientation of garage doors; boat traffic on the river; and Riverton
Ridge Road Extension.
Applicant (2/18/02):
The applicant submitted a revised Textual Statement and proffered conditions.
Representatives of Various Area Neighborhoods, Staff and the Midlothian Planning Commissioner
(2/20/02):
A meeting was held to discuss the proposed development. Concerns were expressed relative
to the traffic impact through adjacent development; density; quality of cluster development;
lot sizes in cluster areas; house sizes; environmental impact; river access; and boat traffic on
the river.
Representatives of Various Area Neighborhoods, Applicant, Staff and the Midlothian Planning
Commissioner (3/5/02):
A meeting was held to discuss the proposed development. Concerns were expressed relative
to density; overall quality of development; lot and house sizes in cluster areas; orientation of
garage doors; boat traffic on the river; and setbacks of recreational uses from Bellona
Arsenal.
20 02SN0131 -MAY22-BOS
Planning Commission Meeting (3/19/02):
On their own motion, the Commission deferred this case to April 16, 2002.
Staff (3/20/02):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than March 25, 2002, for consideration at the Commission's April 16,
2002, public hearing.
Applicant (3/22/02)
The applicant submitted a revised Textual Statement and proffered conditions.
Representatives of Various Area Neighborhoods, Applicant, Staff and the Midlothian Planning
Commissioner (3/26/02):
A meeting was held to discuss the proposed development. Concerns were expressed relative
to density; number of cluster homes proposed; what constitutes cluster development; open
space and how it is to be utilized; maintenance of yards in Tracts B and H if developed for
cluster homes; river access in Tract F; and buffers instead of setbacks from Riverton and
from Robious Roads.
The developers agreed to modify the Textual Statement to address neighborhood concerns
relative to tree preservation and other improvements within the 300 and 200 foot setbacks
adjacent to Robious Road and Riverton Subdivision, respectively as well as the area east of
Salles Creek; and the principal structure setbacks adjacent to Riverton in Tract E.
Further, the developer agreed, if the neighborhood would support the request to limit the
number of dwellings in Tracts A, A-l, B and H to age restrict occupancy of the homes in A-
l; to limit the total number of cluster units; and to increase the amount of open space from
100 acres to 150 acres.
Staff (3/29/02):
To date, the applicant has not submitted the modifications discussed at the March 26, 2002,
neighborhood meeting.
21 02SN0131-MAY22-BOS
Applicant (4/16/02):
Modifications to the Textual Statement and proffered conditions were submitted.
Planning Commission Meeting (4/16/02):
The applicant accepted the recommendation. There was support and opposition present.
Those in support indicated that the proffers and Textual Statement insures quality
development; an integrated coordinated development; substantial open space; and cluster
homes providing a housing alternative to residents who wish to stay in the area.
Those in opposition expressed concems relative to density; impacts on schools and the area
transportation network; access through Riverton Subdivision; as to how the County staff
determines compliance with the Plan (i.e., net versus gross acreage); environmemal impact
on the James River; and that there had been a previous commitment to maintain the R-40
zoning and lot size.
Following the public input, the applicant agreed to reduce the total number of units to 725
(Proffered Condition 1); to modify Proffered Condition 15 to allow the Commission to
permit at the time of tentative subdivision review, a stub road to an adjacent property to the
east, under certain circumstances; and to contribute cash for the first sixty (60) lots for
improvements to Robious Road. (Proffered Condition 22)
Mr. Gecker expressed concern that area residents and the applicant had been unable to reach
a compromise acceptable to all parties. He indicated that he had to weigh several issues.
First, he indicated that he disagrees with staffs method of determining compliance with the
Plan and felt that the developable acreage should be used to evaluate the appropriate density.
He stated the Commission had discussed the possibility of re-evaluating the methodology,
but in this particular case, staff has consistently applied the same methodology which is
based on gross acreage. He stated it would be unfair to subject this developer to a change in
the midst of the zoning process. Secondly, he expressed concerns as to the methodology that
staff uses to determine the mount of lots which is credited based upon existing zoning
toward any impact on capital facilities. He stated that the Commission has requested that
staff consider modifications to the methodology; however, he did not feel it appropriate to
change the policy in the midst ora zoning case. He stated that he felt the negotiation process
on this case had been open. He stated that in 1993, during the Riverton zoning, the
Midlothian Planning Commissioner at the time, had made statements that Riverton's
rezoning would not be used as a precedent, but rather would be used to retain R-40 in the
area. He stated, however, that he felt with the Textual Statement and proffers, the
development would not superior to that which could occur under the R-40 zoning. He stated
that the developers had agreed to design for the Riverton Ridge Extension which would
discourage cut through traffic; that the development would include a mixture of housing
types; that the applicants had offered cash toward improvements to Robious Road; that
sidewalks and commercial and recreational uses would provide neighborhood amenities; that
22 02SN0131 -MAY22-BOS
drainage had been adequately addressed and that significant setbacks had been offered
adjacent to Robious Road and Riverton Subdivision.
He noted that these concessions exceed that which could be expected if the property were to
be developed under the current Residential (R-40) zoning.
On motion of Mr. Gecker, seconded by Mr. Cunningham, the Commission recommended
approval of this request subject to the condition and acceptance of the proffered conditions
on pages 2 through 7.
AYES: Messers. Litton, Gecker, Cunningham and Stack
ABSENT: Mr. Gulley
The Board of Supervisors, on Wednesday, May 22, 2002, beginning at 7:00 p.m., will take under
consideration this request.
23 02SN0131-MAY22-BOS
Textual Statement
This request is to rezone from R-40 to R-25 735.1 acres with a Conditional Use
Planned Development (CUPD) to permit use and ordinance requirement exceptions as
delineated on the Zoning Plan prepared by Higgins & Gerstenmaier dated March 7,
2002 ("the Plan"). This request also includes 6.8 acres south of Robious Road which
will maintain its R-40 zoning, but is included for the purpose of making proffers.
A. General Conditions
1. To accommodate the orderly development of the project, parcels shall be
located as generally depicted on the Plan, but their location and size may
be modified so long as the parcels generally maintain their relationship
with each other and the adjacent subdivisions. A plan for any such parcel
adjustment 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.
2. All exposed portions of the foundation of each dwelling shall be covered
with brick or stone veneer or exterior insulation and finishing systems
(EFIS) materials.
3. Whenever a provision refers to or requires a conceptual plan to be
submitted for review and approval, such a plan may be approved by either
the Planning Department or the Planning Commission at the election of
J
the developer, and such review shall be subject to appeal in accordance
with the provisions of the Zoning Ordinance for Site Plan appeals.
Requirements for Specific Parcels
1. Within Parcel A, the following requirements shall be met:
a. Parcel A shall comply with the requirements and standards for
cluster homes as set forth in Section B.4. Parcel A shall not
contain non-cluster homes.
b. There shall be a minimum 200-foot distance between any lot in
Parcel A and the Riverton Subdivision. Further, except for utility
easements, this area shall be maintained as common open space.
c. There shall be a minimum 300-foot distance between any lot in
Parcel A and the ultimate right-of-way for Robious Road. Except
for signage, landscaping, roads and utility easements, the 300-foot
area shall be maintained as common open space.
Within Parcel A-l, the following requirements shall be met:
a. Parcel A-1 shall comply with the requirements and standards for
cluster homes as set forth in Section B.4. Parcel A-1 shall not
contain non-cluster homes.
Within Parcels B and H, the following requirements shall be met:
a. Unless developed as cluster homes, Parcels B or H shall comply
with the requirements of the R-15 zoning district, except that the
minimum lot size shall be 20,000 square feet.
2
b. No dwelling shall have a front-loaded garage.
c. Mixing of Uses. Within each Parcel B or H, there shall be no
"mixing" of uses (e.g., if Parcel B is to be developed for cluster
homes, all of that parcel shall be developed as cluster homes).
Provided, however, the mixing of cluster and non-cluster homes
within a Parcel may be permitted if a conceptual plan is submitted
for review and approval and the conceptual plan addresses land
use transitions and compatibility between uses within the Parcel
itself as well as with adjacent parcels. Land use compatibility and
transitions may include, but not necessarily be limited to, the exact
location of uses, buffers, and site design.
d. Any non-cluster homes in Parcels B and H shall have a minimum
gross floor area of 2,600 square feet.
Within Parcels A, A-l, B and H, the following requirements shall be met
for any cluster home development:
a. "Cluster home" is defined as any dwelling that is located on a lot
having an area of not less than 7,000 square feet but not more
than 15,000 square feet. Further, in any cluster home residential
area, lot size shall not differ by more than 2,000 square feet.
Provided, however, within a cluster home residential area, the
mixing of tot sizes that differ by more than 2,000 square feet may
be permitted if a conceptual plan is submitted for review and
3
approval and the conceptual plan addresses land use transitions
and compatibility between areas within the cluster home residential
area. Such conceptual plan shall be approved by the Planning
Department.
Lot Area with Lot Width. Lots shall have the following minimum
areas and lot widths:
i. In Parcel A, lots shalt have a minimum lot area of 9,000
square feet and a lot width of not less than fifty (50) feet.
ii. In Parcel A-l, lots shall have a minimum lot area of 7,000
square feet and a lot width of not less than fifty (50) feet.
iii. In Parcel B, lots shall have a minimum lot area of 10,000
square feet and a lot width of not tess than sixty (60) feet.
iv. In Parcel H, lots shall have a minimum lot area of 12,000
square feet and a lot width of not less than seventy (70) feet.
Front Yard. Minimum of ten (10) feet in depth, to include porches
or other attachments.
Side Yard, One side yard may be a minimum of two (2) feet in
width and one side yard shall be a minimum of ten (10) feet in
width.
Corner Side Yard. Minimum of twenty-five (25) feet.
Rear Yard. Minimum of twenty-five (25) feet in depth
4
he
Focal Point. In Parcel A and Parcel A-l, a minimum of 0.5 acres of
open space/community area shall be located and positioned to
provide a "focal point" as one enters any cluster home residential
area. Part of this area shall be "hardscaped" and have benches or
other amenities that accommodate and facilitate outdoor
gatherings. The "focal point" shall be developed concurrent with
the first phase of residential development in the parcel which the
space is intended to serve. The exact design and location of the
focal point shall be approved at the time of tentative subdivision
approval.
Community Area. In Parcel B, any cluster home development shall
contain a "community area." Part of this area shall be hardscaped
and shall contain benches or other amenities that accommodate
and facilitate outdoor gathering. Any "community area" in Parcel B
shall be a minimum of 0.2 acre. The "community area" shall be
developed concurrent with the first phase of residential
development in the parcel which the space is intended to serve.
The exact design and location of the community area shall be
approved at the time of tentative subdivision approval.
Street Trees. Street trees shall be planted or retained along each
side of roads.
Street Lifqhting. Street lighting shall be provided along each side of
roads. Streetlight fixtures, poles, and tamp types shall be
consistent and their design shall be compatible with the residential
development. The exact height, design and spacing shall be
approved at the time of tentative subdivision plan approval.
Landscapin.q. Landscaping shall be provided around the perimeter
of all dwelling units. Landscaping shall comply with the
requirements of the Zoning Ordinance, Sections 19-516 through
19-518 (f). Landscaping shall be designed to minimize the
predominance of building mass and paved areas; define private
spaces; and enhance the residential character of the development.
A conceptual landscaping plan shall be submitted for review and
approval in conjunction with tentative subdivision plan review and
approval. A final landscaping design for each lot showing the
exact number, spacing, arrangement and species of plantings shail
be approved by the Planning Department prior to the issuance of a
building permit for such lot.
Sidewalks. Sidewalks shall be provided on each side of roads
which have lots fronting on that side of the road.
Easements and Front Lot Exceptions. Sidewalks, streetlights, and
street trees shall be located either within common open space,
easements, or within rights of way, if approved by VDOT. If the
6
above-referenced items are located in common open space, there
shall be no requirement that a lot front a public road. This
requirement shall not permit private roads.
Individual Lot Driveways and Parking Areas. Individual driveways
and parking areas shall be "hardscaped." The exact design and
treatment of driveways shall be approved at the time of tentative
subdivision plan review.
Dwelling Square Foota.qe. For cluster homes in Parcels A, A-l, B,
and H, dwellings shall have the following minimum square footages
of gross floor area:
i. In Parcel A, all dwellings shall have a minimum of 2,000
square feet of gross floor area.
ii. In Parcel A-l, all dwellings shall have a minimum of 1,800
square feet of gross floor area for a one-stow dwelling and
2,000 square feet of gross floor area for any dwelling
greater than one stow.
iii. In Parcel B, all dwellings shall have a minimum of 2,600
square feet of gross floor area.
iv. In Parcel H, all dwellings shall have a minimum of 2,600
square feet of gross floor area.
Gara,qes. In Parcels B and H, no dwelling shall have a front-
loaded garage. Further, in Parcels A and A-l, any front-loaded
7
garage shall not extend beyond twelve feet of the front porch, or
front wall of the home if the front wall is closer to the road than the
front porch. Provided further, the minimum front setback for the
garage shall be twenty (20) feet.
Restrictive Covenants. The following provisions shall be contained
in restrictive covenants which shall be recorded in conjunction with
the recordation of any subdivision plat for a cluster home
development. Further, the following provisions in the restrictive
covenants cannot be modified or amended for a period of at least
twenty (20) years following recordation:
i. Any residential accessory building shall be architecturally
compatible with respect to materials, colors, or other
architectural features with the residential dwelling located on
the lot. Exposed walls shall not be constructed of metal.
ii. An architectural review committee shall be established to
review and approve plans for any accessory building.
iii. Any exposed surface of a chimney must be masonry.
iv. All residential dwelling units shall have an attached garage
containing a minimum of 200 gross square feet.
v. External walls of residential dwellings shall be of brick or
stone veneer, vinyl siding, EFIS (e.g., dryvit), wood, or
concrete cementious board lap siding (e..q., hardy plank).
8
vi. Any propane tanks shall be screened from view of adjacent
residential lots and public roads. Screening treatment shall
be compatible with the architectural treatment, colors and
materials of the dwelling on the lot.
vii. For Parcels A and A-l, a mandatory homeowners'
association shall be created with deeded assessments for
the maintenance of open spaces and yards. For Parcels B
and H, a mandatory homeowners' association shall be
created with deeded assessments for the maintenance of
open spaces.
viii. All front yards shall be sodded and irrigated.
Within Parcel C, the following requirements shall be met:
Within Parcel C, the only uses permitted shall be Convenience
Business (C-1) uses as welt as recreational community facilities
and uses, such as ball fields, playgrounds and other recreational
facilities and uses primarily intended to serve the surrounding
residential community. C-1 uses shall not exceed twenty thousand
(20,000) gross square feet, provided that a minimum of fifteen
thousand (15,000) gross square feet of the 20,000 gross square
feet shall be timited to those uses permitted in the Neighborhood
Office (O-1) district. At least four (4) acres of Parcel C shall be
used for recreational purposes. Except for Zoning Ordinance
9
-6.
Section 19-149(e), Convenience Business (C-1) uses shall
conform to the requirements of the Zoning Ordinance for C-1
Districts in the Midlothian Village core. Prior to the first site plan
approval in Parcel C, a conceptual plan shall be submitted for
review and approval for the entire Parcel. The conceptual plan
shall address land use transitions and compatibility between uses
within the Parcel itself as well as with adjacent parcels. Land use
compatibility and transitions may include, but not necessarily be
limited to, the exact location of uses, buffers, and site design.
Within Parcel D, the following uses shall be permitted and requirements
shall be met:
a. The uses permitted in Parcel D shall be limited to ball fields, as
well as other recreational facilities and uses primarily intended to
serve the surrounding residential community, such as swimming
pools, clubhouse, playgrounds and related facilities and uses.
b. A clubhouse and pool shall be constructed prior to the release of
the 301 st residential dwelling building permit.
The following requirements shall be met in Parcel E:
a. Parcel E shall comply with the requirements of the R-15 zoning
district except that lots shall contain a minimum of 20,000 square
feet. Provided, however, any tot adjacent to the Riverton
subdivision shall also comply with the following requirements:
10
1 ) Each lot shall contain a minimum of 40,000 square
feet; and
2) Each primary structure shall have a minimum rear
yard setback of fifty (50) feet.
b. All dwellings in Parcel E shall have a minimum gross floor area of
3,000 square feet.
c. No dwelling shall have a front-loaded garage.
The following requirements shall be met in Parcel F:
a. Parcel F shall comply with the requirements of the R-25 zoning
district, provided that lots may have a minimum lot width of one
hundred (100) feet, and any lot adjacent to Tax ID 734-727-2194
shall contain a minimum of 40,000 square feet.
b. All dwellings in Parcel F shall have a minimum gross floor area of
3,000 square feet.
c. No dwelling shall have a front-loaded garage.
The following requirements shall be met in Parcel G:
a. Parcel G shall comply with the requirements of the R-40 zoning
district.
b. No dwelling in Parcel G shall be located east of the gas easement
that is marked Plantation Easement on the Plan.
c. All dwellings in Parcel G shall have a minimum gross floor area of
3,500 square feet.
11
10.
11.
d. No dwelling shall have a front-loaded garage.
The following requirements shall be met in Parcel G-l:
a. Parcel G-1 shall comply with the requirements of the R-40 zoning
district, provided that lots may have a minimum lot width of 115
feet.
b. All dwellings in Parcel G-1 shall have a minimum gross floor area
of 3,500 square feet.
c. No dwelling shall have a front-loaded garage.
The following requirements shall be met in Parcel h
a. The uses permitted in Parcel I shall be limited to recreational
facilities and uses that primarily serve the surrounding residential
community, such as swimming pools, playgrounds, boating and
boat storage, passive recreation and related facilities and uses, as
well as a private membership clubhouse and private membership
dining facility, except that there shall be no ball fields located in
Parcel I.
There shall be no public address system located in Parcel I.
No permanent structures other than pedestrian paths and utilities
shall be located east of Salles Creek. Further, any pedestrian
paths shall be located a minimum of one hundred (100) feet from
the eastern property line.
12
12.
d. Use of any boat ramp in Parcel I shall be limited to a private
membership club and their guests. Further, such club membership
shall be limited to one hundred (100) persons who own property in
the development. Further, access to the boat ramp shall be
controlled by a mechanism such as a gate, barrier or other device
that is designed to limit access to those authorized to use the boat
ramp.
e. Any private membership club, any private membership dining
facility, and any boat ramp or boat storage, as well as parking
areas for any club or facility or boat storage, shall be located a
minimum of one thousand (1,000) feet from the eastern property
tine.
f. The following provision shall be contained in restrictive covenants
which shall be recorded and shall apply to the land located in
Parcel I. Further, the following provision in the restrictive
covenants cannot be modified or amended for a period of at least
twenty (20) years following recordation:
i. Personal watercraft, including wave runners and jetskis,
shall be prohibited and cannot be stored or located on the
property. Provided, however, this does not prohibit boats.
The following requirements shall be met in Parcel K:
13
Date:
Any lot adjacent to the James River West subdivision shall comply
with the R-40 zoning district, provided that lots may have a
minimum lot width of 115 feet.
All dwellings on lots adjacent to the James River West Subdivision
shall have a minimum gross floor area of 3,500 square feet.
All other lots in Parcel K shall contain a minimum of 20,000 square
feet, shall have a minimum lot width of 100 feet, and each dwelling
on such lots shall have a minimum gross floor area of 3,000 square
feet.
No dwelling shall have a front-loaded garage.
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Textual Statement
General Conditions
2. All exposed portions of the foundation of each dwelling shall be covered
with brick or stone veneer or exterior insulation and finishing systems
(EIFS) materials.
Requirements for Specific Parcels
1.
b. There shall be a minimum 200-foot setback between any lot in
Parcel A and the Riverton Subdivision. Further, except for utility
easements, this area shall be maintained as common open space.
Provided further, except where necessary to accommodate roads,
utilities, entranceway and related landscaping, supplemental
landscaping, signs and pedestrian paths, no tree having a caliper
of three (3) inches or greater located within the 200-foot setback
shall be removed unless it is diseased, dead, or dying.
c. There shall be a minimum 300-foot setback between any lot in
Parcel A and the ultimate right-of-way for Robious Road. Except
for signage, landscaping, roads and utility easements, the 300-foot
area shall be maintained as common open space. Provided
further, except where necessary to accommodate roads, utilities,
entranceway and related landscaping, supplemental landscaping,
signs and pedestrian paths, no tree having a caliper of three (3)
inches or greater located within the 300-foot setback shall be
removed unless it is diseased, dead, or dying.
There shall be a maximum of seventy (70) dwellings in Parcel A.
There shall be a maximum of 75 dwellings in Parcel A-1.
Except as otherwise prohibited by the Virginia Fair Housing Law,
the Federal Housing Law, and such other applicable federal, state,
or local legal requirements, the occupancy of dwelling units shall
be restricted to "housing for older persons" as defined in the
Virginia Fair Housing Law and shall have no persons under I9
years of age domiciled therein.
v. External walls of residential dwellings shall' be of brick or
stone veneer, vinyl siding, EIFS (e.g., dryvit), wood, or
concrete cementious board lap siding (e.g., hardy plank).
Parcel E shall comply with the requirements of the R-15 zoning
district except that lots shall contain a minimum of 20,000 square
feet. Provided, however, any lot adjacent to the Riverton
subdivision shall also comply with the following requirements:
1)
2)
Each lot shall contain a minimum of 40,000 square feet; and
Each primary structure shall have a minimum fifty (50) foot
setback from the Riverton Subdivision.
Date:
12.
There shall be a minimum 300-foot setback between any lot in
Parcel K and the ultimate right-of-way for Robious Road. Except
for signage, ]andscaping, roads and utility easements, the 300-foot
area shall be maintained as common open space. Provided
further, except where necessary to accommodate roads, utilities,
entranceway and related landscaping, supplemental landscaping,
signs and pedestrian paths, no tree having a caliper of three (3)
inches or greater located within the 300-foot setback shall be
removed unless it is diseased, dead, or dying.
Z ':
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EXHIBIT 1
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