11SN0108CASE MANAGER: Jane Peterson
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
11SN0108
Woodlands Real Estate, LLC
October 27, 2010 B S
Midlothian Magisterial District
Greenfield Elementary; Robious Middle; and James River High Schools Attendance Zones
Off west line of Old Farm Road, across from Larkhill Lane
RE VEST: Rezoning from Agricultural (A) to Regional Business (C-4) with conditional use
to permit multi-family use plus conditional use planned development to permit
exceptions to Ordinance requirements.
PROPOSED LAND USE:
On October 25, 2006 the Board of Supervisors approved a mixed use
development consisting of commercial and multi-family residential uses on a
seventy (70) acre tract located on the south line of Robious Road, the north line of
Koger Center Boulevard and the west line of Old Farm Road (Case 06SN0155).
A 0.2 acre parcel, thought at that time to be dedicated right-of way, was
inadvertently not included in the request. Subsequently, through title research, it
was determined that this property was privately-held and not dedicated right-of
way. Approval of this request will permit inclusion of the subject property as part
of the multi-family residential portion of this project without modification to the
original project density, subject to the same conditions and exceptions applicable
to the adjacent 2006 zoning approval.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON
PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reason:
While the Huguenot/Robious/Midlothian Area Plan suggests the property is appropriate
for medium density residential use of 1.51 to 4.0 units per acre, it further notes that this
Providing a FIRST CHOICE community through excellence in public service
residential area could be incorporated into the regional mixed use area if done in a
comprehensive fashion and designed to provide compatibility with, and transition to,
surrounding land uses. Incorporation of this property into the overall development
schematic with the adjacent mixed use tract achieves this goal, as intended with the 2006
zoning approval.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OwNER(S) MAY
PROFFER CONDITIONS. THE CONDITION NOTED "STAFF/CPC" VVAS AGREED UPON
BY BOTH STAFF AND THE COMMISSION.)
PROFFERED CONDITION
The property owner and applicant in this rezoning case, pursuant to Section 15.2-2298 of the
Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself
and its successors or assigns, proffer that the property under consideration will be developed
according to the following proffers if, and only if, the rezoning request submitted herewith is
granted with only those conditions agreed to by the owner and applicant. In the event this request
is denied or approved with conditions not agreed to by the owner and applicant, the proffers shall
immediately be null and void and of no further force or effect.
(STAFF/CPC) The subject property shall be subject to all proffered conditions and
Textual Statement requirements and exceptions applicable to the
residential multifamily component of Case 06SN0155 ("Area B").
(Staff Note: A copy of the approved conditions, textual statement and conceptual plan for Case
06SN0155 are attached to this report for reference.)
GENERAL INFORMATION
T ,ncati nn
Off the west line of Old Farm Road, across from Larkhill Lane. Tax ID 743-712-Part of
1961.
Existing Zoning:
A
Size:
0.2 acre
Existing Land Use:
Vacant
2 11SN0108-OCT27-BOS-RPT
Adjacent Zoning and Land Use:
North, South and West - C-4 with conditional use and conditional use planned
development; Vacant or commercial (under construction)
East - A; Single-family residential or vacant
UTILITIES; ENVIRONMENTAL ENGINEERING; AND PUBLIC FACILITIES
This request will have a minimal impact on these facilities. As proffered, this request will be
controlled by proffered conditions and textual statement of Case 06SNO 155.
Financial Impact on Capital Facilities:
This case has been evaluated under the existing cash proffer policy. It has been
determined that the request will result in no increase in the maximum number of dwelling
units previously approved in Case 06SNO155. Therefore, there is no increased fiscal
impact.
T ANTI TTCF.
Comprehensive Plan:
The subject property is located within the boundaries of the
Huguenot/Robious/Midlothian Area Plan which suggests the property is appropriate for
medium density residential use of 1.51 to 4.0 units per acre; however the Plan notes that
this area could be incorporated into the regional mixed use area if done in a
comprehensive fashion and designed to provide compatibility with, and transition to,
surrounding land uses.
Area Development Trends:
Area properties to the north, south and west are zoned Regional Business (C-4) as part of
a mixed use project known as The Woodlands. Properties to the east are zoned
Agricultural (A) and are occupied by single-family dwellings or are currently vacant.
Zonin Hg istory:
On October 25, 2006 the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved a rezoning of a seventy (70) acre tract to Regional
Business (C-4) with conditional use and conditional use planned development to permit a
mix of commercial and multi-family residential uses extending from Koger Center
Boulevard to Robious Road (Case 06SNO 155). Within "Area B" of the approved
Conceptual Plan (attached), conditions of this approval provided for a maximum
multifamily residential density of eighteen (18) dwelling units per acre, yielding a
maximum of 453 dwelling units. The subject of this current request is located south of
and adjacent to "Area B" as noted on the Conceptual Plan.
3 11SN0108-OCT27-BOS-RPT
Development Standards:
The property will be subject to the development requirements established set forth for
"Area B" of Case 06SN0155 as a part of the comprehensive schematic for residential
multifamily development in this area.
CONCLUSIONS
Incorporation of the subject property into the overall development schematic with the adjacent
mixed use tract known as The Woodlands is consistent with the recommendations of the
Huguenot/Robious/Midlothian Plan and accomplishes the intent of the 2006 zoning approval.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (9/21/10):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Waller, seconded by Mr. Gulley, the Commission recommended
approval and acceptance of the proffered condition on page 2.
AYES: Messrs. Brown, Hassen, Bass, Gulley and Waller.
The Board of Supervisors, on Wednesday, October 27, 2010, beginning at 6:30 p.m., will take
under consideration this request.
4 11SN0108-OCT27-BOS-RPT
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06SN0155
In Midlothian Magisterial District, CONTINENTAL 184 FUND
LLC requests rezoning and amendment of zoning district map
from Community Business (C-3), Residential (R-7) and
Agricultural (A) to Regional Business (C-4) with
Conditional Use to permit multifamily residential uses and
a Conditional Use Planned Development to permit exceptions
to Ordinance requirements. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for regional mixed use and medium density
residential use of 1.51 to 4.0 units per acre. This
request lies on 70.1 acres fronting approximately 400 feet
on the south line of Robious Road approximately 1,780 feet
on the north line of Koger Center Boulevard and
approximately 800 feet on the west line of Old Farm Road.
Tax IDs 742-711-0925 and Part of 6653; 742-712-4671, 9467
and 9735; 742-713-8076 and 9753; 743-711-Part of 7937; 743-
712-1198; and 743-713-0527.
Ms. Rogers presented a summary of Case 06SN0155 and stated,
in addition to extending Mall Drive through the subject
property, the applicant has also agreed to extend Mall
Drive from the property line north to Robious Road to
connect to Cranbeck Road and, in return, has requested that
the cash proffer amount for the first 370 dwelling units be
reduced and for the remaining dwelling units, the applicant
will pay the full cash proffer. She further stated the
Planning Commission and staff recommended approval of the
rezoning request and acceptance of the proffered
conditions, noting that the proposal complies with the
Huguenot/Robious/ Midlothian Area Plan. She stated the
Planning Commission determined that the proposal adequately
addressed transportation needs in the area; however, it is
staff's opinion that the full cash proffer should be paid
in accordance with the Board's policy for each dwelling
unit and that pedestrian connections to the neighborhood to
the east should be addressed. She further stated the
Planning Commission recommended approval of the request for
waiver to street connectivity requirements to Old Farm
Road, indicating that the neighborhood's integrity would be
protected. She stated staff recommended denial of the
request for waiver to street connectivity requirements,
indicating that this can best be evaluated through the
subdivision review process.
Mr. John Easter, representing the applicant, stated the
project will provide additional commercial development in
the vicinity of Chesterfield Towne Center; the dedication
of 2.4 acres for Huguenot Park; and the extension of Mall
Drive to Robious Road to connect with Cranbeck Road. He
stated the applicant has provided a full cash proffer for
schools, fire, and libraries. He further stated the
applicant will provide approximately $2.5 million in road
extensions, and in return, has requested to reduce the cash
proffer for each unit up to 370, and will pay the full cash
proffer for each unit above 370. He provided details of
benefits of the offsite road construction to the county.
He stated, to address concerns of the adjacent
neighborhood, the applicant has provided no vehicular
access to Old Farm Road; limited the building height within
the portion of the property developed for multifamily use
to two stories; provided a barrier to impede pedestrian
access; and also provided additional evergreens in the
buffers. He provided details of the accesses proposed for
the development and requested the Board's approval of the
rezoning and waiver to street connectivity.
Mr. King called for public comment.
Mr. C. L. Morrissette, Jr. stated, in his opinion, since
the developer is willing to build the road up front, the
cash proffer should be adjusted, indicating that this is a
great opportunity for the county.
There being no one else to speak to the request, the public
hearing was closed.
Ms. Beirne stated the proposal represents a valuable
opportunity to connect Cranbeck Road to Chesterfield Towne
Center.
Ms. Beirne then made a motion, seconded by Mr. warren, for
the Board to approve Case 06SN0155 and accept the following
proffered conditions:
The Owner, pursuant to Section 15.2-2298 of the Code of
Virginia ~1950~ (as amended and the Zoning Ordinance of
Chesterfield County, for itself and its successors or
assigns, proffers that the property under consideration,
known as Chesterfield County Tax Identification Numbers
742-711-6653 apart parcel, 742-711-0925, 742-712-4671,
742-712-9735, 742-712-9467, 742-713-9753, 742-713-8076,
743-711-7937 (part parcel), 743-712-1198, and 743-713-0527
(the "Property"), will be developed according to the
following proffers if, and only if, the rezoning request
submitted herewith is granted with only those conditions
agreed to by the Owner. In the event this request is
denied or approved with conditions not agreed to by the
Owner, the proffers and conditions shall immediately be
null and void and of no further force or effect:
1. Master Plan. The textual statement dated September 8,
2006, and the Conceptual Plan, prepared by Vanasse
Hangen Brustlin, Inc., dated September 7, 2006,
("Conceptual Plan") shall be considered the Master
Plan . ( P )
2. Timbering. Except for timbering approved by the
Virginia State Department of Forestry for the purpose
of removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance
permit has been obtained from the Environmental
Engineering Department and the approved devices have
been installed. (EE)
3. Public Water and Wastewater. The public water and
wastewater systems shall be used. (U)
4. Building Height. Within the portion of the Property
developed for multifamily use, no building shall
exceed two ( 2 ) stories in height . ( P )
5. Barrier Near Terminus of Larkhill Lane. A landscape
barrier and/or fence steal=
pedestrian traffic between
Lane. The exact location a
shall be approved by the
conjunction with the initial
be provided to impede
:he Property and Larkhill
Zd nature of such barrier
Planning Department in
site plan approval. (P)
6. Density. The maximum density of this development
shall be 160, 000 square feet of discount club, 218, 000
square feet of shopping center, 4,000 square feet of
fast-food restaurant with drive through window, 4,000
square feet of drive-in bank and 400 apartments; or
equivalent density as determined by the Transportation
Department. This density may be increased by the
Planning Commission in accordance with paragraph 1 of
the Textual Statement. (T)
7.
Dedication. The following rights-of-way shall be
dedicated, free and unrestricted, to Chesterfield
County prior to any site plan approval or within sixty
(60) days from the date of a written request by the
Transportation Department, whichever occurs first:
a . Forty-five ( 4 5 ) f eet of right-of -way on the north
side of Koger Center Boulevard measured from the
centerline of that part of Koger Center Boulevard
immediately adjacent to the Property.
b. Forty-five (45) feet of right-of-way on the south
side of Robious Road measured from the centerline
of that part of Robious Road immediately adjacent
to the Property.
c. Seventy X70) foot wide right-of-way for a
north/south collector ~"Mall Drive Extended")
from the western Property line, through the
Property to Koger Center Boulevard, as generally
shown as "Proposed Right of way" on the
Conceptual Plan. The exact location of this
right-of-way shall be approved by the
Transportation Department. (T)
8. Access.
a. Direct vehicular access from the Property to
Koger Center Boulevard shall be limited to Mall
Drive Extended and two (2) entrances/exits. Mall
Drive Extended shall align the existing crossover
on Koger Center Boulevard that serves Mall Drive.
All other direct entrances/exits to Koger Center
Boulevard shall be limited to right-turns-in and
right-turns-out only. The exact location of these
accesses shall be approved by the Transportation
Department.
b. Direct vehicular access from the Property to
Robious Road shall be limited to one (1)
entrance/exit, generally located at the western
Property line. This entrance/exit shall be
limited to right-turns-in and right-turns-out
only. The exact location of this access shall be
approved by the Transportation Department.
c. No vehicular access shall be provided from the
Property to Old Farm Road or to Sesame Street.
d. Prior to any site plan approval, an access plan
for Mall Drive Extended shall be submitted to and
approved by the Transportation Department.
Vehicular access from the Property to Mall Drive
Extended shall conform to the approved access
plan.
e. Prior to any site plan approval within Area A as
identified on the Conceptual Plan, an access
easement, acceptable to the Transportation
Department, shall be recorded from Mall Drive
Extended across the Property to the western
Property line to provide access to Mall Drive
Extended for the adjacent parcel to the west (Tax
ID 7417123204). (T)
9. Transportation Improvements. To provide an adequate
roadway system, the Developer shall be responsible for
the following improvements. The exact design and
length of these improvements shall be approved by the
Transportation Department. Alternate road
improvements, as requested by the Developer and
approved by the Transportation Department, which will
provide acceptable levels of service as determined by
the Transportation Department, may be substituted for
the road improvements identified in this proffered
condition:
a. Construction of a four-lane divided road for Mall
Drive Extended, based on VDOT Urban Collector
Standards X40 MPH) with modifications approved by
the Transportation Department, from the western
Property line, through the Property to Koger
Center Boulevard.
b. Construction of additional pavement along the
westbound lanes of Koger Center Boulevard at each
approved access, including Mall Drive Extended,
to provide separate right turn lanes.
c. Construction of additional pavement along the
eastbound lanes of Koger Center Boulevard at the
crossover that serves Mall Drive Extended to
provide dual left turn lanes.
d. Construction of additional pavement along Mall
Drive Extended at its intersection with Koger
Center Boulevard to provide a six-lane divided
typical section (i.e., four (4) southbound lanes
and two ( 2 ) northbound lanes) .
e. Construction of additional pavement along the
eastbound lanes of Robious Road at the approved
access to provide a separate right turn lane.
f. Full cost of traffic signalization at the Koger
Center Boulevard/Mall Drive Extended
intersection, as determined by the Transportation
Department.
g. Construction of additional pavement along Mall
Drive Extended at each approved access to provide
left and right turn lanes, based on
Transportation Department standards.
h. Construction of a four-lane divided road for Mall
Drive Extended, based on VDOT Urban Collector
Standards (40 MPH) with modifications approved by
the Transportation Department, from the western
Property line to Robious Road.
i. Construction of additional pavement along Mall
Drive Extended at its intersection with Robious
Road to provide a six-lane divided typical
section (i.e., four (4) northbound lanes and two
(2 ) southbound lanes) .
j. Construction of additional pavement along the
eastbound lanes of Robious Road at the Mall Drive
Extended intersection to provide a separate right
turn lane.
k. Construction of additional pavement along
westbound lanes of Robious Road at the crossover
that serves Mall Drive Extended to provide an
adequate left turn lane.
1. Full cost of traffic signal modification at the
Robious Road/Mall Drive Extended intersection, as
determined by the Transportation Department.
m. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements
identified above . ( T )
10.
11.
Phasing Plan. Prior to any site plan approval, a
phasing plan for the required road improvements, as
identified in Proffered Condition 9, shall be
submitted to and approved by the Transportation
Department. The approved phasing plan shall require,
among other things, that: 1} prior to the issuance of
an occupancy permit for any development within Area A
as identified on the Conceptual Plan, the road
improvements as identified in Proffered Condition 9
a., b. (only a right turn lane for Mall Drive
Extended), c., d., and f. shall be completed as
determined by the Transportation Department; and 2)
prior to the issuance of an occupancy permit for any
development within Area B as identified on the
Conceptual Plan, the road improvements as identified
in Proffered Condition 9. h, i., j., k., and 1. shall
be completed as determined by the Transportation
Department. (T)
Impacts on Capital Facilities. The Applicant,
subdivider, or assignees} shall pay, prior to the
issuance of each building permit, the following to the
County of Chesterfield for infrastructure improvements
within the service district for the property:
a. For each of the first 370 building permits within
the property, the payment shall be as follows:
i) If payment is made prior to July 1, 2007,
$6,750.00 per dwelling unit. At time of
payment, $6,750.00 will be allocated pro-
rata among the facility costs as follows:
$348.00 for library facilities, $667.00 for
roads, $404.00 for fire stations, and
$5, 331.00 for schools; or
ii) If payment is made after June 30, 2007, the
amount approved by the Board of Supervisors
not to exceed $6, 750.00 per dwelling unit as
set f orth in Proffered Condition 11(a) (i )
above and adjusted upward by any increase in
the Marshall and Swift Building Cost Index
between July 1, 2006, and July 1 of the
fiscal year in which the payment is made.
b. For each building permit within the property in
excess of a cumulative total of 370, the payment
shall be as follows:
i) If payment is made prior to July 1, 2007,
$15,600.00 per dwelling unit. At time of
payment, $15,600.00 will be allocated pro-
rata among the facility costs as follows:
$348.00 for library facilities, $8,915.00
for roads, $404.00 for fire stations,
$602.00 for parks, and $5,331.00 for
schools; or
ii) If payment is made after June 30, 2007, the
amount approved by the Board of Supervisors
not to exceed $15,600.00 per dwelling unit
as set f orth in Proffered Condition 11(b) (i )
above and adjusted upward by any increase in
the Marshall and Swift Building Cost Index
between July 1, 2006, and July 1 of the
fiscal year in which the payment is made.
c. Cash proffer payments shall be spent for the
purposes proffered or as otherwise permitted by
law.
d. If Chesterfield County imposes impact fees at any
time during the life of the development that are
applicable to the Property, the amount paid in
cash proffers shall be in lieu of or credited
toward, but not in addition to, any impact fees,
in a manner as determined by the County.
12. Dedication of Parkland. Upon request by the Parks and
Recreation Department, the Owner shall, prior to
issuance of any building permit on the Property,
dedicate, free and unrestricted, for the benefit of
Chesterfield County, the property known as Tax ID 743-
712-5024. (P&R)
Ayes: King, Miller, Beirne, Humphrey and warren.
Nays: None.
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restritia~s ~~ the ~-~ ~istr~ct, a e~~d~t~a~a~ use ~~ e~rrr~~t resident~~ ~lt~a~~l ~ ar~.~r~
of ~e rvp~rt~r, and c~~aditional Mann de~elarnent ~,~ Merit rnotar ~~~~~ repia~ ~.~
~~ e~eeptiar~s a ~ ~ara~. af~e r~p~t, ~ ~~ ~`ar~a be~a~~
~ ~ ~'r,~ t. The Pro~rt a~ b~ d~lop~ i~ ~~ tray debit ger~~ ~ ~ ~A ~d
urea ~ an ~e aeept~al Play, ~epared h a~ase ae rst~ir~, Ire., dated
September '~, ~~~~ ~~~arree~~l flan"s ~e speei c pacts identified an ~e
vn~tual Plan ~.~~ be creased ~r decrease in sire b~ ~ to fire {~ awes, ~a~ided
that a n~aintan a same re~atiar~ship wig each ~~ aid ~~ adae~ ~~aperties,
Area -~ ~a~ be deceased ~ mare ~~ ~5~ awes p to a ~axir~~ of tern
~ ~~ acres subject ~o Schematic ~~~n pr~~a~ b~ the Planr~n a~ssiar~ ~,d
prided. fat area a~ainins enera the same relati~nshi with . old ~ ~~
.abias aadsw The ~~ amissi~n r~a~ ~ a~ra'e ease ~e
n~axiu~m. d~sit~ speci~.ed ~ P~~er ar~ditian , p~a~rided such in`ease shad be
limited t~ that resu~tin~ ~~ ~~ change ~. area ~ Area A aid Area .
* ~~. within Area A, uses shall be liitedd t~ those pern~itt~ b rift ar with
rest~rictio~.s i the ~ia~al lusine~ss (-4~ district aad to ~~tar vehicle repair subject
tv the regirernents of elan ~ ~-~ 9~c~ ~~ ~ and ~a, b, and ~ ithio. Area , uses
shall ~e ~i~nited to those ~ermitt in the lulti~'arnil ~.esident~l ~R~~' istriet.
~, ~ull~ ~ceptia. far ~~ * V~ithin Area A~ setbacks from K.oer ~-ter Baule~ard
may be seduced to a ninir~u ~`~ feet v~itl~ instalat~an o'~~eter l~andsap
d setbacks rora ~. rive tended mar be reduced to ~ mit~irnu~ ~ feet with
~~stalla~t~an ~ Pieter Landscaping
. r~ll~ ~. pans far Area . ~ithi~ Area B, de~elap~ner~t ~ mpl with the
re~u~ir~er~ts a ~e ~' ~e a~ung rda~ce 'ar the ~ulti~`a.il~ residential ~.•`}
D1Str~~ ~Ce~}t fallov~s:
a. l~a~imr~ density s~.all nat e~eeed eighteen ~18~ dung its ~ grass ac~e~
. l~~in~~ number +~~ dwelling urdts der flaar shad be helve ~; ~.d
c~ Sethacs dram internal reads or d~ve~a~s shall be t least f~~eer~ ~ feet.
. avea . Internal dri~ewa~s raviding ~rehiclar access ~ dvela~.ent within Area
~ be gated i a ssten~ appr~v b~ the Fire and Em.ergeaey Medical Seices
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