10SN0103-ADDENDUM
October 28, 2009 BS
ADDENDUM
10SN0103
Gray Land and Development Company, LLC
Midlothian Magisterial District
Watkins Elementary; Midlothian Middle; and Midlothian High Schools Attendance Zones
Northwest corner of Watkins Centre Parkway and Route 288
REQUEST: Amendment of Conditional Use and Conditional Use Planned Development (Case
06SN0190) relative to master plan, uses, phasing of rights-of-way dedication and
development standards in a Community Business (C-3) District.
PROPOSED LAND USE:
The property is currently zoned to permit a mix of residential, office and
commercial uses consisting of a maximum of 1,600 residential units and a
maximum of 350,000 gross square feet of commercial and office uses.
Amendments affecting the approved master plan, residential unit types and hotel
use, as well as development standards affecting parking, open space, parcel
frontages, building heights and restrictive covenants are requested. Amendments
are also proposed relative to phasing of rights-of-way dedication in conjunction
with road construction.
The Textual Statement referenced in Proffered Condition 1 of the “Request Analysis” was
inadvertently left out of the report and is attached hereto.
Staff continues to recommend denial of this request for reasons noted in the “Request Analysis”.
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Gray Land and Development Company, LLC
The Village of Westchester
Textual Statement
July 2, 2009
August20,2009
September 2, 2009
September 3, 2009
one exhibit
This application contains described as follows:
Exhibit A – Plan titled “Zoning Map, The Village of Westchester,
July 1, 2009, and last revised August 19, 2009,
Midlothian, Virginia,” dated
.
prepared by Glavé & Holmes Associates
I.
Amendment. Amend case 06SN0190 to add
residential unit types, provide for additional exceptions to parking, revise open
space requirements, provide additional use descriptions and requirements, and
amend requirements for Tract D.
II. General Conditions.
A. The development (or the “Community”) shall have a traditional neighborhood
design with a mix of residential and non-residential uses within blocks and/or
within a building, buildings located close to the sidewalks and other buildings,
the streets lined with trees and sidewalks, on-street parking, open spaces, and
alleys serving the rears of many of the uses.
B. To accommodate the orderly development of the Property, the Tracts shall be
Exhibit A
located as generally depicted on . Further, the
1
location and size of Tracts A, B and D may be modified so long as they
generally maintain their relationship with each other and any adjacent
properties. All Tracts may be further divided into Sub-Tracts. A plan for
Tract 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. Sub-Tract (a
designated portion of a Tract) divisions may be created at the time of Tentative
Subdivision or Site Plan review and shall not require a separate review as a
Tract modification, provided there is no adjustment in the overall Tract
, as
boundary. There shall be no adjustment in the boundary of Tract C
generally depicted on Exhibit A
. The boundary
betweenand Tract C
Tract B is generally
the centerline
of the creek
. The boundary between Tracts A and D shall be the approved
alignment of Proposed Road “A.”
C. The development shall be designed as generally depicted on
Exhibit A
. Specifically, the general relationship between the uses in each
Tract to adjacent Tracts shall be maintained; within Tracts, development shall
be generally designed in a “grid” layout similar to city blocks (consistent with
and responsive to the natural topography) with parking areas, except for those
parking areas located within streets, located in courtyards as further described
herein; and with a pedestrian emphasis throughout the project. Further, the
location of uses within each Tract may be modified so long as the nature of the
transitions and separations between that Tract and adjacent Tracts as well as
adjacent properties is maintained. A plan for modification to
Exhibit A
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.
III. Requirements and Exceptions for All Tracts.
A. Model Homes.
1. Temporary model homes (sales offices), located in modular office
units, shall be permitted.
2. The model homes (sales offices) shall only be used for sale of dwelling
units within the property.
3. The model homes (sales offices) shall not be the primary real estate
office for the companies marketing the development.
B. Yard sales associated with residential uses, provided that the sale:
1. Is accessory to a principal use on the same property
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2. Does not exceed two days in duration
3. Is conducted by the owner or lessee of the property on which it occurs
and includes only personal property owned by the seller and usual to a
household
4. Does not occur on the same property more than four times in any one
calendar year and not more than twice within a 30-day period.
C. Sidewalks.
Generally, sidewalks shall be located on both sides of all public roads,
exclusive of Route 288. Sidewalks shall be provided to facilitate pedestrian
access within the Community and to link to uses on adjacent property unless
otherwise required by the Subdivision Ordinance.
D. Street Trees.
Street trees shall be planted or retained along each side of all public roads, with
the exception of Route 288.
E. Parking.
1. If on-street parking is permitted, those spaces shall be counted towards
the required number of parking spaces for all uses.
,and
2. Except for “housing for older persons”Live/Work Units,
Neighborhood Flats,
residential units shall provide parking based on
2.0 spaces per dwelling unit.
3. “Housing for older persons” shall provide parking based on 1.2 spaces
per dwelling unit.
4. Live/Work Units shall provide parking based on 2.5 spaces per
dwelling unit. There shall be no additional parking requirement for the
first floor area devoted to commercial or office uses.
5. Neighborhood Flats shall provide parking based on 1.75 spaces per
dwelling unit.
6.Commercial or office uses in Tract A shall provide parking based on
3.4 spaces/1,000 gross floor area.
7.Parking may be further reduced based on Zoning Ordinance Section
19-512.
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8.Parking shall not be required on each parcel or site where the use is
located, but rather may be provided off-site, including on-street
parking, subject to approval at the time of plans review, which may
include requirements for easements.
9.Parking areas, except for those located within streets, shall be
generally located so as minimize their exposure to internal roads.
Specifically, parking areas shall be located to the side or rear of
buildings; no closer to rights-of-way than the fronts of buildings; and
within courtyard areas such that the buildings provide a barrier between
the road and the parking, as generally shown on
Exhibit A
.
10.Any garage parking or other type of enclosed and/or covered parking
area shall be counted toward the calculation of the required parking
spaces, including tandem garage spaces.
F. Architectural Standards.
1. In conjunction with the initial site plan approval for development
, B,D
within Tracts A and , a written and/or graphic description of the
planned overall architectural treatment of all buildings within these
Tracts (architectural theme) shall be submitted to the Planning
Department for review and approval. Architectural treatment of
buildings, including materials, color and style, shall be compatible
within these Tracts. Compatibility may be achieved through the use of
similar building massing, materials, scale, colors and other architectural
features.
1. Except as provided elsewhere in the Textual Statement and within
Tract C, all buildings shall be a minimum of two (2) stories in height.
2. The maximum height for Mixed-Use Buildings, offices, or hotels shall
be six (6) stories. This height limit shall not restrict use of the roof of a
six (6) story building for features such as, but not limited to, patios,
decks, or gardens.
G. Frontage.
;
1. All buildings shall front on a public street public or private open
;; or private alley, lane, or other
space public or private courtyard
right-of-way
.
2. Road frontage for dwelling units shall not be required provided there is
--
access to a public road via an easement or right ofway and that such
4
:
dwelling unit fronts on public or private open space a public or
; or private alley, lane, or other right-of-way
private courtyard.
H. Setbacks/Yards.
With the exception of Watkins Center Parkway, Road “A,” Road “B,” and
Huguenot Springs Road, all residential and non-residential buildings
(including accessory structures related thereto) shall have zero (0) foot setback
from all internal roads and lot/parcel boundaries. Provided however, that
corner side yards shall meet sight distance requirements as may be established
at the time of subdivision/site plan review.
I. Open Space.
Tracts A and8total
1. Within B, a minimum of percent of the
Tracts A and
gross acreage of B shall be devoted to open space.
Of this open space, a minimum of 50% shall be usable to accommodate
public gathering areas such as civic association events, special
commercial events, and cultural activities. Facilities to accommodate
these uses shall be provided in these spaces and can include, but not be
limited to, pavilions, gazebos, and amphitheatres.
2. Within Tract C, a minimum of 20 percent of the gross acreage of Tract
C shall be recorded as open space. Of this open space, a minimum of
50% shall be usable to accommodate recreational and social gathering
areas for residents. These areas shall include, but not be limited to,
sidewalks,
neighborhood parks, trails, hardscaped areas with benches
and other amenities to facilitate community use. These open space
any active facilities
areas shall not include recreational
1.
identified in III. L.
3. Open space shall be provided throughout the Property, including the
areas along the creek beds and external rights of ways as generally
Exhibit A
noted in green on . These
areas may include the open space listed above; landscaped setbacks and
boulevard medians; creeks, ponds, and trails; active and passive
recreational areas, and neighborhood parks.
J. Alleys.
1. Alleys, where provided, will generally serve the rear or side portion of
a lot.
2. When provided, alleys will be located within a minimum eighteen (18)
foot wide private easement.
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3. Alley pavement shall be a minimum of twelve (12) feet in width.
4. All or part of the alley easement may be provided on the lot.
5. Utility easements may be permitted in the alleys as allowed by
Chesterfield County and private utility companies.
6. Alleys will be privately maintained by a property owners association.
K. Streets.
Except for Watkins Centre Parkway, Road “A,” and Road “B,” as permitted
by VDOT and the Chesterfield County Transportation Department, street
design and pavement widths shall be based on VDOT’s Subdivision Street
Design Guide effective January 1, 2005. These standards allow for curb-to-
curb widths of a twenty-two (22) foot width and a right-of-way of thirty (30)
or less
feet, based on average daily traffic. The minimum right-of-way shall
be established at the time of Site Plan review based on the street layout.
L. Recreational Facilities.
1. Community recreational facilities shall be permitted for use by
residents of the community. Separate recreation areas for the various
types of residential units are not required. The recreational uses shall
be limited to facilities and uses that primarily serve the surrounding
residential community including but not limited to passive recreation
(i.e.: formal courtyards, parks, plazas, tot-lots, mews, picnic areas,
trails, paths, sidewalks, ponds, open space, and vistas) and active
recreational
facilities (i.e.: swimming pools, outdoor courts, and
clubhouses).
2. Outside public address systems or speakers shall not be used between
the hours of 11:00 p.m. and 8:00 a.m. and shall only be used in
conjunction with a pool.
3. With the exception of passive recreation, outdoor play fields, outdoor
courts, swimming pools, and similar active recreational facilities
shall be located a minimum of 100 feet from adjacent property
designated by the Plan for residential development. With the exception
of playground areas which accommodate swings, jungle gyms or
similar such facilities, outdoor play fields, courts, swimming pools and
recreational
similar active facilities shall be located a
minimum of fifty (50) feet from an existing or proposed public road.
Within the 100-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
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to the requirements of the Zoning Ordinance for fifty (50) foot buffers.
These buffers and setbacks may be modified by the Planning
Commission at the time of plan review.
4. Any playground areas (i.e., areas accommodating swings, jungle gyms
or similar such facilities) shall be located a minimum of forty (40) feet
from adjacent property designated by the Plan for residential
development. Within this forty (40) foot setback, a buffer (which may
be less than 40’ in width) 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 (except in width)
of the Zoning Ordinance for fifty (50) foot buffers. These buffers and
setbacks may be modified by the Planning Commission at the time of
plan review.
IV. Requirements for Specific Tracts.
A. Tract A.
1. Uses. Uses within Tract A shall be limited to the following:
a. Hotels.
b. Liquor stores.
c. Continuous outside display of merchandise for sale, provided
that such use not exceed five (5) percent of the gross floor area
of the principal use and that such merchandise is displayed so as
not to obstruct sidewalks.
d. Sidewalk vendors, to include, but not limited to, food, fruit and
vegetable venders, provided that such uses do not obstruct
sidewalks.
e. Outdoor recreational uses that accommodate activities
accessory to uses located in the Tract and are conducted by area
business or homeowners associations within the development.
These uses would permit public gatherings for special events
such as art shows, concerts and theatrical performances. These
uses do not include commercial recreational uses such as, but
not limited to, skateboard parks, miniature golf and batting
cages.
f. Uses permitted by-right or with restrictions in the
Neighborhood Business (C-2) and the Corporate Office (O-2)
Districts except that the following uses shall not be permitted:
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(i) Appliance store.
(ii) Department stores.
(iii) Funeral homes or mortuaries.
(iv) Furniture stores greater than 5,000 gross square feet.
(v) Hospitals.
(vi) Medical and dental laboratories.
(vii) Motor vehicle accessory stores.
(viii) Radio, television and other home entertainment, sales
and services stores greater than 5,000 gross square feet.
(ix) Telephone exchanges.
g. Community agricultural uses, limited to the propagation and
cultivation of crops, flowers, trees, and shrubs within open
space that is owned, operated and maintained by a homeowner’s
association (such as a community garden and/or orchard),
including farm accessory buildings and structures related
thereto.
h. Accessory uses permitted in the C-2 and R-MF Zoning
Districts.
i. Mixed-Use Buildings, defined as multi-story buildings that
accommodate a combination of commercial and/or office and/or
residential uses within the same structure.
j. Multiple Family Dwellings, defined as multi-story
residential buildings with individual dwelling units on
separate floors.
k. Townhouses, defined as attached multi-story dwellings in
groups of two (2) or more.
l. Live/Work Units, defined as Townhouses with first floor
commercial or office uses with a residential unit on the
upper floor(s). The first floor may be occupied by a
different user than the occupant of the upper floors.
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m. Neighborhood Flats, defined as a multi-unit residential
building designed to resemble a townhouse from the
exterior.
2. General Requirements for Tract A.
(
a. With the exception of a grocery storewhich shall not exceed
),
70,000 gross square feet no other individual commercial
user
shall be greater than 10,000 gross square feet. Hotels
and O-2 uses
are not subject to this limitation.
b. If development along Watkins Center Parkway is arranged in an
urban design layout with adjacent landscaped pedestrian ways,
setbacks shall be reduced to twenty-five (25) feet. Within these
setbacks, landscaping shall be installed in accordance with
“perimeter landscaping H” with low shrubs and ground cover
used appropriately in tree and/or shrub beds and at entrances.
Otherwise, setback and landscape requirements for the
Emerging Growth Areas shall apply.
c. Building setbacks and landscaping (including accessory
structures related thereto) for Road “A” shall comply with
Ordinance requirements for Emerging Growth Areas.
d. Banks, sit down restaurants, drugstores, or medical facilities
located within three hundred (300) feet of the right-of-way
for Route 288, Watkins Center Parkway, or Road “A” may
be single story in height.
3. Requirements for Mixed-Use Buildings.
Commercial uses may only be located on the first floor of the building;
office uses may be located on any floor; Multi-Family Dwellings may
on any floor, but may not occupy more than
only be located
75% of
the first floor.
4.Requirements for Townhouses:
a. Lot Area and Width: Each lot shall have an area of not less
than 1,280 square feet and a lot width of not less than sixteen
(16) feet.
b. Percentage of lot coverage. All buildings, including accessory
buildings, shall not cover more than ninety (90) percent of the
lot’s area.
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c. Group or Row Design. The total number of lots within each
attached group or row of townhouses shall not exceed twelve
(12).
d. Building Height. Townhouses shall be a minimum of two (2)
stories and a maximum of four (4) stories in height.
e. Garages. Front loaded garages shall be located no closer to the
street than the front façade of the dwelling unit.
5.Requirements for Live/Work Units:
a. Requirements for Live/Work Units shall be the same as set forth
for Townhouses.
b. Uses for Live/Work Units shall be uses permitted by-right or
with restrictions in the Neighborhood Business (C-2) District
except that the following uses shall not be permitted:
(i) Appliance store.
(ii) Churches and/or Sunday schools.
(iii) Communication studios, offices, and stations, exclusive
of towers, but does not include computer sales or
service.
(iv) Department stores.
(v) Funeral homes or mortuaries.
(vi) Furniture stores greater than 5,000 square feet.
(vii) Hospitals.
(viii) Medical and dental laboratories.
(ix) Motor vehicle accessory stores.
(x) Radio, television and other home entertainment, sales
and services.
(xi) Telephone exchanges.
c. At least fifty (50) percent of the ground floor shall be reserved
for non-residential uses. The remainder may be used for
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residential uses, including garage or covered parking area and
access to the residential uses on the upper floors.
d. Except as specified, no non-residential uses shall be located
above the first floor.
e. The non-residential uses shall front on and have access to the
public street.
6. Requirements for Neighborhood Flats
a. Location. Neighborhood Flats shall only be located within a
block that has Townhouses.
b. Building Height. Neighborhood Flats shall be a minimum of
two (2) stories and a maximum of four (4) stories in height.
c. Units. No more than four (4) units shall be permitted in an
individual Neighborhood Flat building.
B. Tract B.
1. Uses. Within Tract B, uses shall be limited to the following:
a. Multiple Family Dwellings, defined as multi-story residential
buildings with individual dwelling units on separate floors.
b. Live/Work Units, defined as Townhouses with first floor
commercial or office uses with a residential unit on the upper
floor(s). The first floor may be occupied by a different user
than the occupant of the upper floors.
c. Townhouses, defined as attached multi-story dwelling in groups
of two (2) or more.
d. Single Family Detached Dwellings.
e. Carriage House, defined as a single family detached
dwelling with a maximum of 1,200 square feet gross floor
area.
f. Neighborhood Flats, defined as a multi-unit residential
building designed to resemble a townhouse from the
exterior.
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2. Requirements for Tract B.
a. If development along Watkins Center Parkway is arranged in an
urban design layout with adjacent landscaped pedestrian ways,
setbacks shall be reduced to twenty-five (25) feet. Within these
setbacks, landscaping shall be installed in accordance with
“perimeter landscaping H” with low shrubs and ground cover
used appropriately in tree and/or shrub beds and at entrances.
Otherwise, setback and landscape requirements for the
Emerging Growth Areas shall apply.
b. Residential and non-residential building setbacks and
landscaping (including accessory structures related thereto) for
Road “A,” Road “B,” and Huguenot Springs Road shall comply
with Ordinance requirements for Emerging Growth Areas.
3. Requirements for Townhouses shall be the same as set forth for
Tract A.
4. Requirements for Live/Work Units shall be the same as set forth
for Tract A.
5. Requirements for Single Family Detached Dwellings
a. Lot Area and Width: Each lot shall have an area of not less
than 3,000 square feet and a lot width of not less than
twenty-eight (28) feet.
b. Percentage of lot coverage. All buildings, including
accessory buildings, shall not cover more than eighty-five
(85) percent of the lot’s area.
c. Garages. Front loaded garages shall be located no closer to
the street than front façade of the dwelling unit.
6. Requirements for Carriage Houses
a. Lot Area and Width: Each lot shall have an area of not less
than 900 square feet and shall not have a lot width of less
than twenty-four (24) feet.
b. Percentage of lot coverage. Building shall not cover more
than seventy-five (75) percent of the lot’s area.
7. Requirements for Neighborhood Flats shall be the same as set forth
for Tract A.
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C. Tract C.
1. Uses.
a. Single Family Detached Dwellings.
b. Townhouses, defined as attached multi-story dwelling in groups
of two (2) or more.
c. Neighborhood Flats, defined as a multi-unit residential
building but designed to resemble a townhouse from the
exterior.
d. Carriage Houses, defined as a single family detached
dwelling structure with a maximum 1,200 square feet of
gross floor area.
e.Model homes, in accordance with Zoning Ordinance Section
19-65(a).
2. Requirements for Tract C.
a. Requirements for Single Family Detached Dwellings
(i) Lot Area and Width: Each lot shall have an area of not
less than 4,580 square feet and a lot width of not less
than forth-five (45) feet.
(ii) Percentage of lot coverage. All buildings, including
accessory buildings, shall not cover more than sixty (60)
percent of the lot’s area.
(iii) Garages. Front loaded garages shall be located no closer
to the street than front façade of the dwelling unit.
(iv) Other Standards. Any other development standards for
Single Family Detached Dwellings that are not set forth
in this section shall be as set forth in this Textual
Statement.
b.Requirements for Townhouses shall be the same as set forth
A.
for Tract
c. Requirements for Carriage Houses shall be the same as set
forth for Tract B.
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Requirements for Neighborhood Flats shall be the same as
d.
set forth for Tract A
.
D. Tract D.
1. Uses.
a. Uses permitted by right or with restrictions in the C-2 Zoning
District.
b. Uses permitted by right or with restrictions in the O-2 Zoning
District.
c. Hotel.
2. Requirements.
a.If development along Watkins Center Parkway is arranged in
an urban design layout with adjacent landscaped pedestrian
ways, setbacks shall be reduced to twenty-five (25) feet. Within
these setbacks, landscaping shall be installed in accordance with
“perimeter landscaping H” with low shrubs and ground cover
used appropriately in tree and/or shrub beds and at entrances.
Otherwise, setback and landscape requirements for the
Emerging Growth Areas
shall
apply.
b. With the exception of hotels and nursing homes, all other
individual commercial users:
Shall
(i) be limited to an overall maximum of
8,000 gross square feet per acre.
Shall not
(ii) exceed 70,000 gross
square feet.
\9870148.1
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