11SN0243CASE MANAGER: Darla Orr
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ADDENDUM
11 SN0243
Southside Church of the Nazarene, Inc.
Dale Magisterial District
Gates Elementary; Salem Middle and Bird High Schools Attendance Zones
North line of Courthouse Road
REQUEST: Rezoning from Agricultural (A) to Corporate Office (O-2) plus conditional use
planned development approval to permit use and bulk exceptions.
PROPOSED LAND USE:
Expansion of an existing church facility, a new fire station and mixed use
development including office, multi-family residential and commercial uses is
planned. As proffered, permitted uses would include certain uses permitted by
right or with restrictions in the Corporate Office (O-2) and Multi-Family
Residential (R-MF) Districts, indoor and outdoor recreational use, limited
commercial uses and a computer controlled variable message electronic sign
(EMC).
On April 5, 2012 the applicant submitted an additional proffered condition. Specifically, this
additional proffer would limit the permitted noise decibel level for the outside public address
system(s) as measured at the property lines of adjacent single-family residential uses. (Proffered
Condition 14)
The additional proffered condition is similar to limitations placed upon other outside public
address systems. Staff continues to recommend approval of this request as outlined in the
"Request Analysis."
PROFFERED CONDITION
14. Outside Public Address Systems. In addition to restrictions in Proffered Condition 13 for
outside public address systems, the outside public address system noise decibel level as
measured at the property lines of adjacent to single-family residential uses shall not
exceed 65 dBA. For purposes of this condition, dBA shall mean the sound pressure level
as measured on a sound meter set to slow response and to the A-weighted scale to
approximate the frequency response of the human auditory system. (P)
Providing a FIRST CHOICE community through excellence in public service
11 SN0243-APR25-B OS-ADD
CASE MANAGER: Darla Orr
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
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April 25, 2012 BS
11 SN0243
Southside Church of the Nazarene, Inc.
Dale Magisterial District
Gates Elementary; Salem Middle and Bird High Schools Attendance Zones
North line of Courthouse Road
REQUEST: Rezoning from Agricultural (A) to Corporate Office (O-2) plus conditional use
planned development approval to permit use and bulk exceptions.
PROPOSED LAND USE:
Expansion of an existing church facility, a new fire station, and mixed use
development including office, multi-family residential and commercial uses is
planned. As proffered, permitted uses would include certain uses permitted by
right or with restrictions in the Corporate Office (O-2) and Multi-Family
Residential (R-MF) Districts, indoor and outdoor recreational use, limited
commercial uses and a computer controlled variable message electronic sign
(EMC).
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 9.
AYES: Messrs. Brown, Patton and Wallin.
NAYS: Messrs. Gulley and Waller.
Providing a FIRST CHOICE community through excellence in public service
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. While the Central Area Plan suggests only the western portion (approximately
forty-one (41) acres) of the request property would be appropriate for regional
mixed use with the remainder of the property appropriate for light and moderate
industrial uses, given the existing church development and single-family
residential development and significant wetlands along the eastern edge of this
request, it is appropriate to extend the regional mixed use, suggested by the Plan
and proposed under a unified development plan with this case, across the entire
request property.
B. The reduction in the permitted number of multi-family residential dwellings from
the 1996 case is significant and will further protect the airport and existing and
proposed industrial development from conflicting residential land use, as
suggested by the Plan. In addition, the proposed residential use would be located
outside of the Airport's current over-flight pattern (Exhibit B) and, while a
significant number of assisted living and nursing/convalescent units would be
permitted, these facilities, while providing residential services, are compatible
with and permitted in regional business areas and offer transition between
commercial/industrial uses and residential areas.
C. The proposed fire/rescue facilities comply with the recommendation of the Public
Facilities Plan which suggests a new fire/rescue station should be located in the
vicinity of Route 288 and Courthouse Road to service a gap in the service area.
D. The proffered conditions address the impacts of this development on necessary
capital facilities and, thereby insure adequate service levels are maintained to
protect health, safety and welfare of county citizens.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. CONDITIONS NOTED "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION.)
PROFFERED CONDITIONS
The Owners and the Developers for themselves and their successors or assigns (the "Developer")
in this zoning case, pursuant to §15.2-2298 of the Code of Virginia (1950 as amended) and the
Zoning Ordinance of Chesterfield County, proffer that the development of the property known as
Chesterfield County Tax Identification Numbers 754-672-8398, 755-672-5972-00001, 755-672-
5972-00002, 757-671-3592, 754-673-9128 and part of 758-672-8942 (the "Property") under
consideration will be developed according to the following proffered conditions if, and only if,
the rezoning request for O-2 with a conditional use planned development ("CUPD") is granted.
In the event the request is denied or approved with conditions not agreed to by the Developer, the
proffers shall immediately be null and void and of no further force or effect.
2 11SN0243-APR25-BOS-RPT
The application contains one exhibit described as follows:
Exhibit A (the "Tract Plan") -Plan titled "Exhibit A: Tract Plan," dated February 24, 2012,
prepared by Townes Site Engineering.
(STAFF/CPC) 1. Master Plan. The Textual Statement dated March 13, 2012, shall
be considered the Master Plan for the development. (P)
(STAFF/CPC) 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 installed. (EE)
(STAFF/CPC) 3. Utilities.
A. The Developer shall connect the existing building on Tract
B to the public water and wastewater systems within
twenty-four (24) months after both public water and
wastewater lines have been extended to serve Tract B.
Except as otherwise provided in these proffers, all new
buildings that are constructed on Tract B shall connect to
the public water and wastewater systems.
B. Connection to the public water and wastewater systems
shall not be required for maintenance and accessory
buildings, temporary sales facilities and construction
offices, provided none of those uses require internal
plumbing.
C. The Developer shall be responsible for the following
improvements to the public water distribution system, to be
constructed in accordance with an "Overall Water and
Wastewater System Plan" as approved by the Utilities
Department. Subject to Fire Department approval, for
buildings on Tract B, the Developer may continue use of
the existing well-water supplied fire suppression system
and connect to public water for potable water only.
(i) A waterline sufficient to serve the development on
Tract B beginning at the point on the south line of
Route 288 where atwenty-four (24) inch waterline
is to be extended for service to the future fire station
site in the southeast quadrant of Route 288 and
Courthouse Roads. Developer shall extend this line
through Tract B generally along an internal
3 11SN0243-APR25-BOS-RPT
roadway that serves the Tract to a point on
Courthouse Road between GPIN 757-671-4004
(7111 Courthouse Road) and GPIN 757-670-5589
(7121 Courthouse Road).
D. Prior to or in conjunction with site plan approval for any
new buildings and/or expansions of any existing buildings
in Tract B, an "Overall Water and Wastewater System
Plan" and a "Utilities Infrastructure Phasing Plan" shall be
submitted to the Department of Utilities for review and
approval. These plans shall incorporate the improvements
as listed in items Paragraph 3.C above.
E. Prior to or in conjunction with site plan approval for any
new buildings on Tract B, permanent and temporary
construction wastewater easements shall be dedicated on
the Property. The location of the easements shall be where
deemed appropriate by mutual agreement of the Developer
and the Department of Utilities to facilitate future extension
of public wastewater service along Courthouse Road. (U)
(STAFF/CPC) 4. Cash Proffers.
A. For each age restricted multi-family dwelling unit (a
"Dwelling Unit"), the Developer shall pay the following to
the County of Chesterfield for infrastructure improvements
within the service district of the property, prior to the
issuance of a residential building permit, provided however
that for the period from July 1, 2011 to June 30, 2015 the
Developer shall pay the following to the County of
Chesterfield, following the final inspection and prior to the
issuance of the certificate of occupancy:
(i) $18,966 per Dwelling Unit, if paid prior to July 1,
2012. At the time of payment, the $18,966 will be
allocated pro-rata among the facility costs as
follows: $5,897 for schools; $773 for parks and
recreation, $226 for library facilities, $455 for fire
stations, and $11,615 for roads, or
(ii) If paid after June 30, 2012, the amount approved by
the Board of Supervisors, not to exceed $18,966 per
Dwelling Unit, adjusted annually in accordance
with cash proffer policy between July 1, 2011 and
July 1 of the fiscal year in which the payment is
made. Payments paid after June 30, 2012 shall be
4 11SN0243-APR25-BOS-RPT
prorated in the same proportions as set forth in (i)
above.
B. The cash proffer shall apply only to Dwelling Units.
C. The Developer shall be responsible for one of the following
alternatives as agreed to by Chesterfield County for the
parks and recreation portion of the cash proffer.
(i) Alternative P.1. The Developer shall pay $773 per
Dwelling Unit or the adjusted amount as described
in 4A(i) or (ii). Alternative P.1. shall be the default
alternative unless Alternative P.2. is selected as
described below.
(ii) Alternative P2.
a. If upon mutual agreement of the Developer
and Chesterfield County, in lieu of cash
proffers, the Developer shall build at least
one mile of trails (the "Trail System") that
are publicly accessible.
b. Until such time as Alternative P2. is chosen
or rejected, then the Developer shall, at the
time of each building permit, deposit into an
escrow account acceptable to Chesterfield
County, $773 per Dwelling Unit. The
escrow account shall be subject to an escrow
agreement, which must be approved by the
Chesterfield County Attorney's Office,
among the appropriate parties (such as the
escrow agent and any contractors), the
Developer, and Chesterfield County. All
contributions shall be held in escrow until
written confirmation by the Developer has
been received from Chesterfield County that
the site plan, construction contract, and
design for the Trail System has been
approved, after which, the escrow funds
shall be released to the Developer. If
Alternative P2. is rejected by Chesterfield
County and written confirmation of the
rejection from the County has been received
by the Developer then all funds held in
escrow for the Trail System (or an amount
5 11SN0243-APR25-BOS-RPT
equivalent to the parks and recreation
portion of the cash proffer for each building
permit released prior to the choice of
Alternative P.1. or P2.) shall be released to
Chesterfield County.
D. Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law. Should
Chesterfield County impose impact fees at any time during
the life of the development, 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
Chesterfield County. (B, P&R)
(STAFF/CPC)
(STAFF/CPC)
5. Dedication. Prior to any site plan approval for development within
Tract B, or within sixty (60) days from a written request by the
Transportation Department, whichever occurs first, forty-five (45)
feet of right-of--way on the east side of Courthouse Road, measured
from the centerline of that part of Courthouse Road immediately
adjacent to the Property, shall be dedicated, free and unrestricted,
to and for the benefit of Chesterfield County. (T)
6. Access.
A. Direct vehicular access from the Property to Courthouse
Road shall generally conform to the Tract Plan.
B. No direct vehicular access shall be provided from the
Property to Yatesdale Drive. (T)
(STAFF/CPC)
7. Transportation Improvements.
A. Prior to the issuance of any occupancy permit for
development within Tract A, the following improvements
shall be provided. The exact design of these improvements
shall be approved by the Transportation Department. If any
of the improvements are provided by others, as determined
by the Transportation Department, then the specific
required improvement shall no longer be required by the
Developer.
(i) Construction of additional pavement along
Courthouse Road at its intersection with Access #1
to provide an adequate left turn lane, as determined
by the Transportation Department.
6 11SN0243-APR25-BOS-RPT
(ii) Construction of additional pavement along
Courthouse Road at its intersection with Access #1
to provide a right turn lane.
(iii) Full cost of traffic signal modification at the
Courthouse Road/Access #1 intersection.
B. For Tract B, the Developer shall be responsible for the
following improvements. The exact design of these
improvements shall be approved by the Transportation
Department. If any of the improvements are provided by
others, as determined by the Transportation Department,
then the specific required improvement shall no longer be
required by the Developer.
(i) Construction of additional pavement along
Courthouse Road at its intersection with Access #1
to provide: 1) dual left turn lanes; or 2) an adequate
left turn lane, as determined by the Transportation
Department.
(ii) Construction of additional pavement along
Courthouse Road at its intersection with Access #1
to provide a right turn lane.
(iii) Construction of additional pavement along Access
#1 at its intersection with Courthouse Road to
provide afour-lane typical section (i.e., two (2)
eastbound lanes and two (2) westbound lanes).
(iv) Full cost of traffic signal modification at the
Courthouse Road/Access #lintersection.
(v) Full cost of traffic signal installation along
Courthouse Road at the intersection of Access #2,
if warranted as determined by the Transportation
Department.
(vi) Dedication to Chesterfield County, free and
unrestricted, of any additional right-of--way (or
easements) required for the improvements identified
above. (T)
(STAFF/CPC) 8. Phasing Plan. Prior to any site plan approval for development
within Tract B, a phasing plan for the required road improvements,
7 11SN0243-APR25-BOS-RPT
as identified in Proffered Condition 7.B. shall be submitted to and
approved by the Transportation Department. (T)
(STAFF/CPC) 9. Public Roads. In Tract B, if all residential units are not owned in
common by one person or entity, then all roads that accommodate
general traffic circulation for those residential units, as determined
by the Transportation Department, shall be constructed to Virginia
Department of Transportation standards and dedicated for public
use to be maintained as part of the State System. (T)
(STAFF/CPC) 10. Airport Noise Impacts. The Developer agrees to notify (by record
notice, deed, contract for sale, occupancy agreement, lease, or
other similar property agreement) future owners and tenants of
property within the flight pattern overlay, as shown on Exhibit B,
and any residential use (multi-family, assisted living and
nursing/convalescent care facilities) within Tract B, of potential
overhead noise impacts resulting from the Property's location in an
airport traffic pattern for the Chesterfield County Airport. Such
notice shall include a statement that the normal operations of the
airport includes taking off and landing of aircraft at the airport,
which can occur at any time day or night, seven days a week,
including holidays, all weeks of the year. For the purpose of
providing permanent record notice, within six months of the
approval of this request, the Land Owner, or Developer on his
behalf, shall record a notice that will be part of the chain of title for
all or any part of the Property that provides written notice of
potential overhead noise impacts. The record notice shall be
submitted for approval to the Chesterfield County Attorney's
office prior to recordation. (T)
(STAFF/CPC) 11. Storm water Mana eg ment. A drainage study shall be performed for
all impervious areas that drain to Courthouse Road. Based on the
drainage study, any necessary culvert and/or retention
improvements shall be made to meet current VDOT requirements
for secondary roads. (EE)
(STAFF/CPC) 12. Transportation DensitX. The maximum density of the development
shall be 87,000 square feet of assembly/church, 90,000 square feet
of general office, 500 student daycare, 300 student elementary
school, 13 athletic fields, 12 senior adult housing units (detached),
51 senior adult housing units (attached), 51 continuing care
retirement units, 90,000 square feet recreation community center,
as such use types are defined in the ITE Trip Generation Manual.
The mix and square footage of the land uses may be adjusted,
provided that such adjustment(s) shall generate no greater
8 11SN0243-APR25-BOS-RPT
anticipated traffic volumes as determined by the Transportation
Department. (T)
(STAFF/CPC) 13. Li~htin~ and Public Address Curfew. Lighting and outside public
address systems for all playfields, courts and similar outdoor
recreational uses within Tract B and located within 750 feet of the
northern property boundary shall be turned off by midnight.
Lighting and outside public address systems for all other
playfields, courts and similar outdoor recreational uses shall be
turned off by 10:00 p.m. The foregoing shall not apply to security
lighting for parking areas. (P)
GENERAL INFORMATION
Location:
The request property is located on the north line of Courthouse Road between its
intersections with Route 288 to the northwest and Yatesdale Drive to the east. Tax IDs
754-672-8398; 754-673-9128; 755-672-5972-00001 and 00002; 757-671-3592; and 758-
672-Part of 8942.
Existing Zonin
A
Size:
210.9 acres
Existing Land Use:
Public/semi-public (church) or vacant
Adjacent Zoning and Land Use:
North - A and I-1; Single-family residential, industrial (County industrial park) or vacant
South - A; Single-family residential use and public/semi-public (state park, prisons and
church)
East - A; Single-family residential or vacant
West - C-3 and A; Commercial and public/semi-public (state park)
9 11SN0243-APR25-BOS-RPT
UTILITIES
Public Water System:
The request site is within an area that will, with development become part of the Airport
PRV Water Pressure Zone. There is an existing sixteen (16) inch water line extending
along Whitepine Road that currently terminates at the intersection of Whitepine Road and
Belmont Road, approximately 2,100 feet northeast of the request site. As part of the
negotiations with the applicant to acquire a site for the future Fire Station Number 22, the
County has agreed to extend a sixteen (16) inch water line to the request site from this
source. The county is obligated to have this water line ready for use within eighteen (18)
months of closing on the property.
The applicant has proffered to construct a water line sufficient to serve development on
Tract B, from the point at which the county water line extension will terminate along an
internal roadway through Tract B, to a specified point on Courthouse Road. (Proffered
Condition 3. C) The applicant has proffered to connect the existing building on Tract B to
the public water system within twenty-four (24) months after both public water and
wastewater lines have been extended to Tract B (Proffered Condition 3. A). The applicant
has also proffered to connect all new buildings that are constructed on Tract B to the
public water system. (Proffered Condition 3. A) The maintenance and accessory
buildings, temporary sales facilities and construction offices shall connect to the public
water system if those uses will contain internal plumbing (Proffered Condition 3. B).
Even after connecting to the public water system, the applicant intends to continue to use
the existing well-water supplied to internal fire suppression system for buildings on Tract
B, subject to Fire Department approval.
The applicant has also proffered to submit an Overall Water and Wastewater Systems
Plan and a Utilities Infrastructure Phasing Plan prior to or in conjunction with site plan
approval for any new buildings and/or expansion of the existing building on Tract B.
(Proffered Condition 3. D)
The Utilities Department is concerned that there will only be a single water supply feed
for the planned development. Should the water line across Route 288 ever require repairs,
the length of time that water supply source would be unavailable would be measured in
days, not in hours as with many typical water line repairs. A dual feed, interconnected
water distribution system, designed to accommodate a "worst case" development
scenario, is recommended to provide system redundancy and reliability so as to minimize
the interruption of service needed to provide for the domestic and fire flow demands of
the development.
Although the applicant intends to continue using the existing well-water supplied internal
fire suppression system for buildings on Tract B, the design of the public water
distribution system must take into account that the applicant may later decide to abandon
the well-water supplied system and connect the buildings to the public system for fire
protection. The internal water line to be constructed by the applicant (Proffered Condition
10 11SN0243-APR25-BOS-RPT
3. C) and any additional water line extensions throughout the development must be sized
to be able to supply domestic and fire protection demands, from both fire hydrants and
sprinkler systems, for the ultimate build-out of the development.
Public Wastewater System:
The request site is within the Falling Creek Sewer Service Area. There is an existing
twelve (12) inch and eight (8) inch sewer line on-site, which was recently constructed by
the applicant. These lines were designed to serve the ultimate development of the request
site, and to allow future extensions to serve existing homes along Courthouse Road, and
the future Fire Station Number 22.
The applicant has proffered to connect the existing building on Tract B to the public
wastewater system within twenty-four (24) months after both public water and
wastewater lines have been extended to Tract B (Proffered Condition 3. A). The applicant
has also proffered to connect all new buildings that are constructed on Tract B to the
public wastewater system (Proffered Condition 3. A). The maintenance and accessory
buildings, temporary sales facilities and construction offices shall connect to the public
wastewater system if those uses will contain internal plumbing. (Proffered Condition 3 B)
The applicant has also proffered to dedicate easements where needed to facilitate future
extension of public wastewater service to adjacent properties. (Proffered Condition 3. E)
ENVIRONMENTAL
Drainage and Erosion:
The subj ect property drains in two (2) directions with the northern portion of the property
draining to Route 288 and then via tributaries to Falling Creek. The southern portion of
the property drains to Courthouse Road in several locations, and then via culverts under
Courthouse Road, into tributaries of Swift Creek.
There are currently no on- or off-site erosion problems and none are anticipated after
development. However, as noted above, the culverts under Courthouse Road drain a
portion of the property. The culverts under Courthouse Road appear to be inadequate and
once developed, that area that drains to Courthouse Road would cause the road to flood
more frequently. The applicant has proffered that they will retain water on-site or
improve the culverts under Courthouse Road or some combination such that Courthouse
Road does not flood from a fully developed upstream area on a ten (10) year storm in
order to meet VDOT's criteria for secondary road culverts. (Proffered Condition ll)
The property is currently wooded and, as such, should not be timbered without obtaining
a land disturbance permit from the Department of Environmental Engineering and the
appropriate erosion control devices installed (Proffered Condition 2). This will ensure
erosion control devices are installed prior to any land disturbance.
11 11SN0243-APR25-BOS-RPT
Water Quality:
Prior to any development plan submittal, a Resource Protection Area Determination
(RPAD) must be submitted along with an application to Environmental Engineering's
Water Quality Section for review and approval.
PUBLIC FACILITIES
The need for schools, parks, libraries, fire stations and transportation facilities in this area is
identified in the County's adopted Public Facilities Plan, Thoroughfare Plan and Capital
Improvement Program and further detailed by specific departments in the applicable sections of
this request analysis.
Fire Service:
The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls
are expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6)
new fire/rescue stations are recommended for construction by 2022 in the Plan. In
addition to the six (6) new stations, the Plan also recommends the expansion of five (5)
existing stations.
The proposed twelve (12) multi-family dwelling units limited to occupancy by "seniors,"
will generate approximately three (3) calls for fire and emergency medical service (EMS)
each year. The number of calls generated by the multi-unit assisted living and
nursing/convalescent care facilities on Tract B will vary depending upon the type of unit
constructed. This request will generally not generate more than one (1) call for service
per bed per year.
The Manchester Volunteer Fire Station, Company Number 24, and Manchester Volunteer
Rescue Squad currently provide fire protection and emergency medical service (EMS).
The applicant has addressed the impact on Fire and EMS. (Proffered Condition 4)
When the property is developed, the number of hydrants, quantity of water needed for
fire protection and access requirements will be evaluated during the plans review process.
Schools:
Based on the proffer methodology, approximately six (6) (Elementary: three (3), Middle:
one (1), High: two (2)) new students will be generated by this development. Currently,
this site lies in the Gates Elementary School attendance zone: capacity -783, enrollment -
780; Salem Middle School zone: capacity -1,112, enrollment - 826; and Bird High
School zone: capacity - 1,947, enrollment - 1,803. The enrollment is based on September
30, 2011 and the capacity is as of 2011-2012.
12 11SN0243-APR25-BOS-RPT
This case will have an impact on capital facilities, including schools. There are currently
six (6) trailers at Gates Elementary, fourteen (14) at Salem Church Middle (most due to
current renovations), and five (5) trailers at Bird High.
This case combined with other tentative residential developments, infill developments
and zoning cases in the area, will continue to push these schools to their capacity. The
impact of this development on schools facilities has been addressed through cash
proffers. (Proffered Condition 4)
Libraries:
The development will have an impact on the Central Library. The current adopted Capital
Improvement Plan includes a project to complete 6,000 square feet of unfinished area
within the Central Library and a renovation of the remaining public areas of the Library.
The Public Facilities Plan indicates a need for additional library space countywide. The
applicant has addressed the impact of this case on library facilities. (Proffered Condition
4)
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) regional, seven (7) community
and twenty-nine (29) neighborhood parks by 2020. In addition, there is currently a
shortage of community and neighborhood park acreage in the county. The Public
Facilities Plan identifies a need for 354 acres of regional park space, 252 acres of
community park space and 199 acres of neighborhood park space by 2020. The Plan also
identifies the need for linear parks and resource based-special purpose parks (historical,
cultural and environmental) and makes suggestions for their locations. The Plan
addresses the need for addition of recreational facilities to include sports fields, trails,
playgrounds, court games, senior centers and picnicking area/shelters at existing parks to
complete buildout. In addition, the Plan identifies the need for water access and trails
along the James and Appomattox Rivers and their major tributaries, Swift and Falling
Creeks.
Publicly accessible trails are needed within this development to facilitate future linear
trail connectivity and to provide connectivity with adjacent trail systems at Pocahontas
State Park. The applicant has addressed the impact of this development on Parks and
Recreation facilities. (Proffered Condition 4.B.)
County Department of Transportation:
The property is approximately 210 acres generally located between Route 288, a limited
access facility and Courthouse Road. The applicant has proffered a maximum density of
87,000 square feet of assembly/church, 90,000 square feet of general office, 500 student
daycare, 300 student elementary school, thirteen (13) athletic fields, twelve (12) senior adult
housing units (detached), fifty-one (51) senior adult housing units (attached), fifty-one (51)
continuing care retirement units, 90,000 square feet indoor recreation center or other
13 11SN0243-APR25-BOS-RPT
permitted uses and densities that would generate equivalent traffic (Proffered Condition 12).
At full development, the property could generate approximately 8,100 vehicle trips per day.
This traffic would initially be distributed along Courthouse Road, which had a 2009 traffic
count of 5,861 average daily trips.
The Thoroughfare Plan identifies Courthouse Road adjacent to the property as a maj or
arterial with a recommended right-of--way width of ninety (90) feet. The applicant has
proffered to dedicate right-of--way along Courthouse Road in accordance with this Plan.
(Proffered Condition 5)
Vehicular access to major arterials, such as Courthouse Road, should be managed in order to
limit the number of conflict points and decrease the likelihood of accidents. The applicant
has proffered to limit vehicular access points to Courthouse Road to a total of two (2), as
generally shown on Exhibit A (Proffered Condition 6. A). An additional proffer states that
no vehicular access will be provided from the property to Yatesdale Drive. (Proffered
Condition 6. B)
The traffic impact of this development should be addressed. The applicant has proffered to
provide the customary road improvements (i.e. turn lanes and signal modification or
installation), and to dedicate any additional right-of--way that may be required to construct
the proffered road improvements (Proffered Condition 7). The road improvements may also
be provided in phases as development of the property occurs. (Proffered Condition 8)
This proposal would permit development of multi-family residential uses in Tract B. The
Zoning Ordinance allows streets within multi-family developments to be privately
maintained. If all the units within Tract B are not under common ownership, staff
recommends that the main roads within Tract B be accepted into the State Highway System.
Having these streets accepted into the State Highway System will ensure their long-term
maintenance. The applicant has proffered that the streets serving the residential units, which
are not under common ownership within Tract B, will be designed and constructed to State
(i.e., the Virginia Department of Transportation) standards and taken into the State System.
(Proffered Condition 9)
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by the residential part of this proposed development. The applicant has
proffered to contribute cash, in an amount consistent with the Board of Supervisors'
Policy, towards mitigating the traffic impact (Proffered Condition 4). Cash proffers alone
will not cover the cost of the road improvements needed in this area. No road
improvement projects in this area are included in the Six Year Improvement Program.
Traffic noise from Route 288 could impact the residential development in Tract B. The
applicant has proffered that for any residential unit located within 500 feet of Route 288,
there will be a 200 foot setback from the Route 288 right-of--way for those units, unless a
noise study demonstrates that a lesser distance is acceptable [Textual Statement III. B. 3.
a. i. (b)]. As proffered, the applicant would be permitted to construct utilities and/or trails
within the setback area.
14 11SN0243-APR25-BOS-RPT
Based on the proposed development, the proffered conditions and textual statement, the
Transportation Department supports the request.
Virginia Department of Transportation (VDOT~:
The Traffic Impact Analysis of the development, as proposed, was reviewed by VDOT and
accepted by letter dated March 15, 2010. Entrances to the property are subject to the
requirements of Access Management per the applicable sections of 24 VAC 30-73 for
Minor Arterials, Collectors and Local Roads.
A design for the electronic sign needs to be submitted to the VDOT Richmond District,
Central Region Permit Office, for review and evaluation. The plan is to show the location of
the sign relative to the right-of--way (and outside the appropriate clear zone) and operational
details, as deemed necessary, for evaluation of the signage. Approval of signage is not
necessarily assured.
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 12* 1.00
Population Increase 31.44 2.62
Number of New Students
Elementary 2.52 0.21
Middle 1.44 0.12
High 1.92 0.16
TOTAL 5.88 0.49
Net Cost for Schools $106,584 $8,882
Net Cost for Parks 13,968 1,164
Net Cost for Libraries 4,092 341
Net Cost for Fire Stations 8,232 686
Average Net Cost for Roads 209,928 17,494
TOTAL NET COST $342,804 $28,567
*Based on a maximum number of aye-restric ted multi-family dwelling units (Textual Statement.
Item III. B. 1. c. i and III. B. 3. k). Remaining housing units (assisted living and nursing and
convalescent care units) do not meet the definition of a "dwelling unit' based on the Zoning
Ordinance and therefore are not included in the above figures. (Textual Statement III. B. 1. c)
15 11SN0243-APR25-BOS-RPT
In November 1996, the Board of Supervisors approved Case 96SN0267 that includes a
portion of the property included in this request. That case was approved with a cash
proffer for parks, libraries, roads and fire stations, but did not include a cash proffer for
schools. If this request is approved, development of housing units would be permitted on
property beyond the boundaries of Case 96SN0267, property that is being evaluated
under the Board of Supervisors current Cash Proffer Policy.
As noted, this proposed development will have an impact on capital facilities. Staff has
calculated the fiscal impact of every new dwelling unit on schools, roads, parks, libraries
and fire stations at $28,567 per unit. The applicant has been advised that a maximum
proffer of $18,966 per unit would defray the cost of the capital facilities necessitated by
this proposed development.
The applicant has offered cash in the amount of $18,966 per unit to mitigate the impact of
this proposed development on capital facilities (Proffered Condition 4). Furthermore, the
applicant has offered an alternative to the park cash proffer. The alternative is to be
selected by the County. The cash proffer, based on the FY2012 maximum cash proffer,
adequately addresses the impact of this development on capital facilities.
Note that circumstances relevant to this case, as presented by the applicant, have been
reviewed and it has been determined that it is appropriate to accept the maximum cash
proffer in this case. Staff recommends the applicant fully address the impact of this
development on schools.
The Planning Commission and the Board of Supervisors, through their consideration of
this request, may determine that there are unique circumstances relative to this request
that may justify acceptance of proffers as offered for this case.
County Airport:
General Services and County Airport staff does not oppose approval of rezoning from
Agricultural (A) to Corporate Office (O-2) because the proposed twelve (12) multi-
family residential dwellings (independent living), assisted living units and a
nursing/convalescent care facility proposed would be located outside of the current
standard traffic pattern of the Airport (Exhibit B) as defined in Section III. B. 1. c of the
Textual Statement. Aircraft frequently and regularly operate at low altitudes over these
areas.
Further, the developer has agreed to notify future owners and tenants of property within
the flight pattern overlay, as shown on Exhibit B, and any residential use (multi-family,
assisted living and nursing/convalescent care facilities) within Tract B of potential
overhead operations of aircraft. (Proffered Condition 10)
It is important to note that the Central Area Plan recommends light industrial uses, not
residential uses, in proximity of the airport. The Plan clearly seeks to protect the Airport
from land uses that would be in conflict with activities inherent to its operations. Further,
16 11SN0243-APR25-BOS-RPT
the Plan recognizes that Airport operations and surrounding industrial areas should be
protected from residential land use encroachment for the overall well being of the County
and its future economic development. The Airport, according to a recent Virginia
Department of Aviation study, generates approximately $27,802,000 in economic impact
annually to the regional economy.
LAND USE
Current Comprehensive Plan:
The subject property is located within the boundaries of the Central Area Plan, which
suggests approximately forty-one (41) acres encompassing the proposed fire station site
(Tract A, Exhibit A) and the existing church complex, is appropriate for regional mixed
use (which includes integrated office, shopping center, light industrial parks and/or
higher density residential uses). The Plan suggests the remaining approximately 170 acres
of the request property are appropriate for Light Industrial (I-1) use and Moderate
Industrial (I-2) uses. The Plan suggests limited retail and service uses that are accessory
to industrial uses would be appropriate when part of an integrated industrial development.
The Plan recognizes the importance of the Airport to the County's economic future
vitality. The Plan recommends that this "important" and "irreplaceable asset" should be
protected from land uses that would be in conflict with activities inherent to airport
operations.
In addition, the Plan focuses on protecting existing and proposed industrial areas from
conflicting residential land use development. The Plan sets aside a larger area for future
industrial use to optimize economic development opportunities associated with the
Airport. The Plan also suggests that there should be effective separation and buffering
should be provided for commercial, office and industrial uses from residential areas.
The intent of the Plan is to locate residential uses away from the operational area of the
Airport and to have the more compatible light industrial uses closer to the Airport.
The Public Facilities Plan suggests new fire/rescue stations should be constructed to
service existing service gaps in the vicinity of Courthouse Road and Route 288 between
2002 and 2022. The Plan recommends that fire and rescue facilities should be co-located
or coordinated for maximum efficiency; should be located on properties of at least five
(5) acres to accommodate future expansion; should be located with quick access to a
major arterial and, if possible, located near two (2) major arterial roads offering both east-
west and north-south travel; and, that consideration should be given to mitigate the
impacts of these facilities on nearby residential areas.
Area Development Trends:
Properties to the north are zoned agriculturally and industrially and are occupied by the
Chesterfield County Industrial Park and Airport, a small number of single-family
17 11SN0243-APR25-BOS-RPT
dwellings on acreage parcels, or are vacant. Properties to the south are zoned
agriculturally and are occupied by single-family residential use fronting Courthouse Road
and Yatesdale Drive, public/semi-public use (Pocahontas State Park, and state prison
facilities) or are vacant. Properties to the east are zoned agriculturally and are occupied
by single-family residential use on larger acreage parcels, or are vacant. Properties to the
west are zoned commercially and agriculturally and are occupied by commercial use,
public/semi-public use (state park), or are vacant. It is anticipated that light and moderate
industrial uses with some integrated and supportive office and commercial uses will
develop in the area as suggested by the Plan.
Zoning HistorX:
On November 13, 1996 the Board of Supervisors, upon a favorable recommendation
from the Planning Commission, approved Conditional Use (Case 96SN0267) on the
western approximately forty-one (41) acres of the request property to permit child care
and private school use and multi-family residential housing units in conjunction with a
permitted church use. Approval was granted subject to conditions that required the
development to meet Emerging Growth development standards of the Zoning Ordinance,
address public utility connections, addressed road improvements and setbacks for
residential units and limited occupancy of the residential uses to "housing for older
persons." Schematic plan approval was required to allow the imposition of buffers
between multi-family uses and adjacent properties, as deemed appropriate to ensure
compatibility between these units and adj acent uses on the same and adjacent properties.
Site Design:
The 210.9 acre request property is proposed for Corporate Office (O-2) zoning with
conditional use planned development to permit use exceptions including multi-family
residential, indoor recreation, outside public address systems and a computer controlled
variable message electronic sign (EMC), plus exceptions to Ordinance requirements. A
mixed use project consisting of office, commercial and residential uses is planned.
A Tract Plan (Exhibit A) prepared by Townes Site Engineering and dated February 24,
2012 divides the property into two (2) development tracts: Tract A -afire station site and
Tract B - a mixed use tract including religious, education, recreation, residential, office
and commercial uses (Proffered Condition 1). The boundaries and sizes of tracts,
including further divisions into sub-tracts, may be modified provided land use transitions
and compatibility between different uses are addressed. (Textual Statement II. A.)
It is important to note that no conditions would require Tract B to be developed for a mix
of uses; therefore, Tract B could be developed for one (1) or more of the permitted uses.
Textual Statement Item II. B. would require a schematic plan to be approved by the
Planning Commission prior to site plan approval for any specific development. The
Planning Commission will review the schematic plan for compliance with zoning
conditions, the Zoning Ordinance to ensure land use compatibility and transition and to
mitigate any adverse impact on public health, safety and welfare. In addition, residential
18 11SN0243-APR25-BOS-RPT
and non-residential uses permitted within Tract B may be mixed within the tract or a sub-
tract if a mixed use plan is submitted for review and approval. (Textual Statement II. C.)
The request property lies within the boundaries of an Emerging Growth District Area.
Unless specifically regulated by proffered conditions and the Textual Statement,
redevelopment of the site or new construction must conform the development standards
of the Zoning Ordinance for properties within an Emerging Growth District area, which
encourage well-designed, quality projects. Such standards address access, parking
landscaping, architectural treatment, setbacks, signs and screening.
Uses Permitted Within Tracts:
As previously noted, the development is separated in to two (2) tracts or use areas. Uses
permitted within these areas and minimum development standards for each use are
outlined in the Textual Statement and further described herein:
Fire Station: (Tract A)
Tract A consists of approximately five (5) acres. This area is to be developed as a
fire station, rescue squad and/or public safety administrative offices. (Textual
Statement III. A. 1.)
The proposed fire/rescue station use proposed on Tract A complies with the
recommendations of the Public Facilities Plan. First, a fire station, rescue squad
and administrative offices would be permitted. The Plan recommends that fire and
rescue facilities should be co-located or coordinated for maximum efficiency.
Secondly, Tract A is approximately five (5) acres which would accommodate
future expansion. In addition, given the location of the request property, the
proposed fire station complies with the Plan's recommendation that such facilities
should be located with quick access to major arterials. Finally, the fire station and
rescue uses would be permitted with restrictions that prohibit external siren use
and public address systems to mitigate the impacts of these facilities on nearby
residential areas.
Mixed Use Tract: (Tract B)
Tract B is comprised of approximately 205.8 acres. The existing church
sanctuary, educational and recreational uses are located on Tract B. A variety and
mix of uses including residential (multi-family, assisted living and
nursing/convalescent care uses), office, commercial indoor and outdoor
recreational uses and expansion of the existing church facility are also planned.
Permitted uses would include uses permitted by-right or with certain restrictions
in the Corporate Office (O-2) District, indoor and outdoor recreational use,
outside public address systems and a computer controlled variable message
electronic sign (EMC), except as limited by the Textual Statement. (Textual
Statement III. B. 1. a. and b.)
19 11SN0243-APR25-BOS-RPT
Non-Residential Uses:
To address concerns of the Dale District Commissioner relative to the
intensity of certain non-residential uses in proximity to the existing
adjacent residential uses fronting Courthouse Road, certain uses would
o~ be permitted in conjunction with church use on the property, such as
recreational use, schools and colleges, child and adult care centers,
communication studios, catering business and the outside public address
system (Textual Statement III.B. 1. a. i. (a) - (g)). Similarly, other non-
residential uses would not be permitted, even if such use was in
conjunction with a church use (Textual Statement IILB.l.a.ii.(a) - (u)).
These prohibited uses include, although not exclusively, uses such as
banks, communication towers, convenience stores, gasoline sales, hotels,
hospitals, restaurants and shopping centers.
The proposed non-residential uses, including the indoor and outdoor
recreational uses, are appropriate as part of the planned regional mixed use
area suggested by the Central Area Plan. The Plan recommends that
regional mixed use, including integrated office, shopping center and light
industrial uses would be appropriate within the western portion of the
property (encompassing Tract A and the existing church complex) and that
the remainder (or eastern portion of Tract B) is appropriate for light and
moderate industrial use with limited retail and service uses integrated
within a planned development. However, given the existing church and
school development on the request property and existing single-family
residential development and significant wetlands along the eastern
boundary of the request property, it is logical to extend the regional mixed
use, suggested by the Plan and proposed under a unified development plan
with this case, across the entire request property. The existing
development and significant wetlands establish a distinct edge of
development. Staff would not consider it appropriate to extend these
regional mixed uses any further east along Courthouse Road where the
Plan suggests industrial development is appropriate.
Residential Uses:
Residential uses, including multi-family residential, assisted living (a
facility providing residential services that shall not include dwelling units
as defined by the Zoning Ordinance) and nursing/convalescent facilities,
would be permitted provided that occupancy is limited to "housing for
older persons" and that such uses are not located within the flight pattern
of the airport as shown on Exhibit B (Textual Statement III. B. 1. c. i. iii.).
Multi-family residential dwellings are limited a maximum of twelve (12)
units (Textual Statement III. B. 3. k.). The Textual Statement limits the
number of assisted living residential units and/or nursing/convalescent
care beds permitted per floor of these facilities to no more than forty (40)
20 11SN0243-APR25-BOS-RPT
(Textual Statement III. B. 3. j.). With the maximum allowable building
height of four (4) stories, 160 assisted living units or nursing/convalescent
beds per building would be permitted. There is no limit on the number of
buildings permitted for these uses.
The Central Area Plan suggests that, in addition to the non-residential uses
discussed above, higher density residential use is appropriate within the
regional mixed use area (approximately forty-one (41) acres)
encompassing the proposed fire station site (Tract A) and the existing
church complex (the western portion of Tract B). The Plan suggests the
remainder of Tract B, or approximately 170 acres between the existing
church complex and single-family residential use to the east along
Yatesdale Drive, is appropriate for light and moderate industrial uses.
However, given the existing church and school development on the
request property and existing single-family residential development and
significant wetlands along the eastern boundary of the request property, it
is logical to extend the regional mixed use (suggested by the Plan and
proposed under a unified development plan with this case) across the
entire request property. The existing development and significant wetlands
establish a distinct edge of development. Staff would not consider it
appropriate to extend this regional mixed use area nor the higher density
residential use any further east along Courthouse Road where the Plan
suggests industrial development is appropriate.
Up to 150 multi-family dwelling units limited to occupancy by "older
persons" would be permitted by the current zoning (Case 96SN0267) on
the western forty-one (41) acres of the request property. If this request is
approved, the previously approved multi-family units would no longer be
permitted. The reduction in the permitted number of multi-family
residential dwellings is significant and will further protect the airport and
existing and proposed industrial development from conflicting residential
land use, as suggested by the Plan. In addition, the proposed residential
use would be appropriate in Tract B. The residential uses would be located
outside of the Airport's current over-flight pattern (Exhibit B) and, while a
significant number of assisted living and nursing/convalescent units would
be permitted, these facilities are compatible with and permitted in regional
business areas. These uses offer transition between commercial/industrial
uses and residential areas.
Parkin:
On-street parking is requested to be allowed to count towards the required number of
parking spaces for all uses (Textual Statement II. E.) It is requested that recreational
fields may be used for temporary parking for special events and that parking shall not be
required on each parcel or site where the use is located, but rather may be provided off-
site, to be approved at the time of plans review. Given that the development per Tract is
21 11SN0243-APR25-BOS-RPT
either planned in conjunction with church use or intended to have an urban design, staff
supports such exceptions.
Any garage parking or other type of enclosed and/or covered parking area is requested to
be counted toward the calculation of the required parking spaces (Textual Statement II.
E.) While staff supports such exceptions since they reduce the amount of impervious area
and would further a "new urbanism" theme, the developer and future owners should be
cautioned that it will not be possible in the future to convert garages into living space if
the garages have been counted towards the required number of parking spaces.
Other Development Standards:
Non-residential development within Tracts A and B will conform to the requirements of
the Zoning Ordinance for Emerging Growth District Areas, except as modified by the
Textual Statement and proffered conditions. Residential development (including multi-
family, assisted living and nursing/convalescent uses) will conform to the Zoning
Ordinance requirements for the Multi-family Residential (R-MF) District, except as
otherwise provided in the Textual Statement and proffered conditions.
Typically, where exceptions to ordinance development standards, such as reduced
setbacks for planned residential uses as is requested in this case, staff suggests specific
design standards be provided in an effort to achieve superior quality and sustainability for
higher density residential projects. These standards address street trees and sidewalks,
open space and focal points, among other things. The requirements offered for residential
use within Tract B are consistent with those typically required by the Planning
Commission and Board of Supervisors on similar residential projects recently approved
(Textual Statement III. B. 3.). These features should be provided to better ensure a better
quality of design in Tract B.
The applicant has agreed to provide a minimum of one (1) acre of usable open space from
a total of approximately 4.6 acres. This one (1) acre of usable open space could be
divided in to three (3) separate areas provided each part is at least 0.25 acre (Textual
Statement III. B. 3. g.).
Recreation Areas:
Development standards of the ordinance for the residential uses would require the
provision of a recreation area that would include both active "and" passive recreation
uses. However, the applicant wishes to have the option of providing active "or" passive
uses (Textual Statement III. B. 3.e.). Staff finds the option acceptable for this case. More
passive recreational use maybe an appropriate alternative for the retirement living area.
22 11SN0243-APR25-BOS-RPT
Building Height:
The maximum building height would be sixty-five (65) feet or four (4) stories, whichever
is less. To address concerns of the Dale District Commissioner relative to limiting
building mass in proximity to existing adjacent residential development, reduced building
heights are offered within a certain distance of existing residential development. (Textual
Statement III. B. 3. d.).
Buffers and Setbacks:
Buffers are designed to provide horizontal distance and open space between certain uses;
preserve vegetation; provide transition and separation; and, reduce noise and glare. Since
the request property is proposed for rezoning to O-2, adjacent properties are zoned
Agricultural (A), and the area is designated for light industrial use by the Central Area
Plan, no buffer would be required by the Zoning Ordinance between these proposed uses
and existing adjacent residential development.
To address staff concerns relative to providing a separation between residential uses and
outdoor recreational use and the Dale District Commissioner's desire to provide
separation between more intense uses and the existing adjacent residential uses, a 100
foot buffer inclusive of setbacks would be required along the southern property boundary
of Tract B in accordance with Zoning Ordinance requirements. (Textual Statement III. B.
2. a. ii. and Exhibit A)
Aye Restriction:
The Textual Statement limits occupancy of residential dwellings and units in Tract B to
"housing for older persons" as defined in the Virginia Fair Housing Law (Textual
Statement III. B. 1. c. i. and iii.). While during the initial marketing of the project this
restriction may be clear to prospective occupants, there is a risk that long-term, dwelling
units may be occupied by individuals that do not meet this age-restriction. Given staff's
inability to pro-actively enforce this condition, staff recommends that this limitation not
be accepted.
Lighting and Outside Public Address System:
Typically, when outdoor recreational uses are proposed adjacent to residential
development, playfields and similar outdoor recreational uses are not lighted and are not
permitted to use outside public address systems. Additionally, when lights and public
address systems are permitted, they are required to be turned off at a specific time.
Proffered Condition 13 would provide a curfew for lighting and outside public address
systems for all playfields, courts and similar outdoor recreational uses in order to reduce
the impact of these facilities on existing adjacent residential development. The curfew
varies based on a measured setback of the lighting or public address system. Lighting and
outside public address systems located within 750 feet of the northern property boundary
would be required to be turned off by midnight. All other lighting and outside public
23 11SN0243-APR25-BOS-RPT
address systems for all other outdoor recreational uses shall be turned off by 10:00 p.m.
These limits do not apply to security lighting for parking areas.
Si~nage:
In addition to the signs permitted by the Zoning Ordinance, additional signs outlined
below are proposed:
Electronic Message Center (EMC: A computer controlled variable message electronic
sign (EMC) is planned on Tract B provided the sign is incorporated into the project
identification sign permitted for the tract as shown on Exhibit A (Textual Statement II. D.
2.). As conditioned in the Textual Statement, the proposed sign would comply with the
EMC policy which addresses permitted sign area for the changeable copy component,
limits lines of copy to three (3), prohibits moving copy, animation or bijou lighting
effects and flashing or traveling messages and requires messages to have minimum thirty
(30) second intervals. In addition, the EMC would be required to be incorporated into an
architecturally designed sign structure that is compatible and complementary to the
building or project it serves (Textual Statement II. D. 2. d.- i.). Conditions would also
limit the brightness of the sign depending upon the ambient light measured at a preset
distance depending upon the area of the sign and would require brightness to be adjusted
according to ambient light conditions. (Textual Statement II. D. 2. j.)
It is important to note that the EMC Policy would not permit the EMC sign to be visible
from properties zoned residentially or agriculturally, if they are designated for residential
use on the Comprehensive Plan, unless such sign is located a minimum of 1,000 feet
from those properties. The existing residential development adjacent to the request
property is zoned Agricultural but the properties are not designated for residential use on
the Plan; there would therefore be no requirement to preclude visibility or establish a
setback in accordance with the Policy from these properties. However, to address
concerns of the Dale District Commissioner and area citizens, the sign would be required
to be located a minimum of 1,000 feet from residential dwellings existing at the time of
site plan submittal and as generally shown on Exhibit A. (Textual Statement II. D. 2. b.)
The existing church sign, as shown on Exhibit A, may be replaced in accordance with the
Zoning Ordinance requirements for such signs. (Textual Statement II. D. 1.)
Building Mounted Signs: An exception is requested to allow building mounted signs for
non-residential buildings within Tract B on two (2) sides of the building regardless of
whether the side that faces the road, driveway or parking lot is the front, side or rear of
the building. In addition, the sign area for a single tenant space would be permitted to be
increased even if the single tenant space does not extend from the front to back (or side)
of the building (Textual Statement II. D. 3.). Given the development on Tract B could
include a mix of uses developed as one (1) project, staff supports the proposed exceptions
for these building mounted signs.
24 11SN0243-APR25-BOS-RPT
Internal Suns and Banners: The applicant has indicated additional banners and signs
(directional and directory signs) internal to the project are necessary to clearly identify
buildings and uses within the development, especially for planned recreational
tournaments and larger events. The applicant is requesting that additional identification
signs (including building-mounted and parking lot banners and onsite directory and
directional signs) on Tract B be permitted. These signs would be located internally to the
project, not along Courthouse Road or Route 288 and would not be legible from outside
the project (Textual Statement II. D. 4.). As proposed, banners would be permitted to be
permanently located on Tract B. In addition, the signs and banners would be permitted to
include business logos and to be illuminated in accordance with ordinance requirements.
For any lighted signs, a curfew would be established at 10:00 p.m. for the lighting unless
the sign is located within 750 feet of the northern property boundary (Textual Statement
II. D. 4.).
Based solely on the mix of uses or planned events, as described by the applicant, staff is
unable to verify if additional banners and number of additional signs are necessary to
direct internal traffic; however, since the signs would be required to be located internal to
the project, not legible outside of the project, and would not be located along Courthouse
Road or Route 288, staff does not obj ect to these additional signs.
CONCLUSIONS
The Central Area Plan suggests that the proposed religious, educational, indoor and outdoor
recreational, commercial and higher density residential uses would be appropriate on the western
forty-one (41) acres of the request property (Tract A and the western portion of Tract B). The
Plan does not suggest the uses are appropriate on the remaining approximately 170 acres which
are designated for light and moderate industrial use to protect the Airport and existing and
planned areas of industrial use from incompatible land use. However, given the existing church
development and single-family residential development and significant wetlands along the
eastern edge of this request, it is appropriate to extend the regional mixed use, suggested by the
Plan (and proposed under a unified development plan with this case), across the entire request
property.
Existing zoning would currently permit up to 150 multi-family dwelling units on the western
portion of the request property. These units would no longer be permitted if this request is
approved. The reduction in the permitted number of multi-family residential dwellings is
significant and will further protect the airport and existing and proposed industrial development
from conflicting residential land use, as suggested by the Plan. In addition, the proposed
residential use would be located outside of the Airport's current over-flight pattern (Exhibit B)
and, while a significant number of assisted living and nursing/convalescent units would be
permitted, these facilities, while providing residential services, are compatible with and
permitted in regional business areas and offer transition between commercial/industrial uses and
residential areas.
25 11SN0243-APR25-BOS-RPT
The proposed fire/rescue facilities comply with the Public Facilities Plan which suggests a new
fire/rescue facility should be located in the vicinity of Route 288 and Courthouse Road to service
a gap in the service area.
Further, the proffered conditions address the impacts of this development on capital facilities
and, thereby would insure adequate service levels are maintained to protect health, safety and
welfare of county citizens.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (8/16/11):
On their own motion and with the applicant's consent, the Commission deferred this case
to their September 20, 2011 public hearing.
Staff (8/17/11):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than August 22, 2011 for consideration at the Commission's
September 20, 2011 public hearing.
Staff (9/2/11):
Revisions to the proffered conditions, textual statement and tract plan were received.
Planning Commission Meeting (9/20/11):
On their own motion and with the applicant's consent, the Commission deferred this case
to their November 15, 2011 public hearing.
Staff (9/21/11):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than September 26, 2011 for consideration at the
Commission's November 15, 2011 public hearing.
26 11SN0243-APR25-BOS-RPT
Staff (10/25/11 and 10/26/11):
Revisions to the proffered conditions and textual statement were received.
Dale District Commissioner, Staff, Applicant and Area Citizens (11/1/11):
A meeting was held to discuss the proposal and area property owners' questions and
concerns.
Staff (11/4/11):
Revisions to the proffered conditions and textual statement were received.
Planning Commission Meeting (11/15/11):
On their own motion, the Commission deferred this case to their January 17, 2012 public
hearing.
Staff (11/16/11):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than November 21, 2011 for consideration at the
Commission's January 17, 2012 public hearing.
Staff (1/10/12):
To date, no new or revised information has been received.
Planning Commission Meeting (1/17/12):
On their own motion, and with the applicant's consent, the Commission deferred this
case to their March 20, 2012 public hearing.
Staff (1/18/12):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than January 23, 2012 for consideration at the Commission's
March 20, 2012 public hearing.
27 11SN0243-APR25-BOS-RPT
Applicant and Staff (2/1/12):
The application was amended to withdraw a portion of the request property. In addition,
revisions to the proffered conditions, textual statement and tract plan were received.
Dale District Commissioner, Staff, Applicant and Area Citizens (2/20/12):
A meeting was held to discuss the proposal and area property owners' questions and
concerns.
Staff (2/24/12, 3/8/12 and 3/13/12):
Revisions to the proffered conditions, textual statement and tract plan were received.
Planning Commission Meeting (3/20/12):
The applicant accepted the recommendation.
There was support present identifying expansion needs of the church, school and other
community outreach services; recognizing partnerships with local schools, parks and
recreation, social services and victims' programs; and stating the expansion will increase
job opportunities. Additionally, the applicant committed to meet with area citizens during
the schematic plan approval process.
There was opposition present expressing concerns regarding the width of the buffer
adjacent to existing single-family homes; increased traffic impact; planned hours of
operation for recreational uses; impact of the proposed public address and lighting
systems; internal public roads backing up to existing residential dwellings; and security.
Mr. Waller asked for clarification on the approval process and construction timing for the
fire station and about the proffered curfews for the public address and lighting systems.
Mr. Gulley asked for an explanation of the setback from Route 288 designed to reduce
noise impact of the road on any planned residential use.
In response to questions regarding the service method planned for the development's
domestic water and fire flow demands, Utilities Department staff stated that only a single
line was proffered instead of a dual feed interconnected water system; that a break in the
single service line could result in loss of water for days for repairs; and that Utilities
would seek the second service line interconnection when the property to the east (which
was withdrawn from this application) is developed. The Fire Marshall explained the
approval process for fire suppression systems; that a second water source enhances
28 11SN0243-APR25-BOS-RPT
safety; and described the fire department contingency plans for when water sources are
compromised.
Messers. Gulley and Waller expressed concerns regarding the health and safety issues
which maybe caused if a single feed water source is relied upon for domestic water and
fire flow demands; that the buffer adjacent to the existing residential dwellings could be
wider; and that more consideration should be given to reduce the impacts of the public
address and lighting systems on the adjacent residential uses.
Dr. Brown commended the professionalism of County staff and the cooperation between
neighbors and the applicant because this was a complicated case. He stated that proffered
conditions offered standards greater than the Zoning Ordinance for use restrictions,
buffers and height limitations and that the schematic plan would be reviewed by the
Commission.
Dr. Wallin stated he was comforted that the schematic plan would be reviewed by the
Commission and that the applicant would continue to work with the neighbors. Mr.
Patton acknowledged that the church provided needed services to the community and
stated that he understands the concerns about the public address system and water
service.
On motion of Dr. Brown, seconded by Dr. Wallin, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 though 9.
AYES: Messrs. Brown, Patton and Wallin.
NAYS: Messrs. Gulley and Waller.
The Board of Supervisors on Wednesday, April 25, 2012 beginning at 6:30 p.m., will take under
consideration this request.
29 11SN0243-APR25-BOS-RPT
Southside Church of the Nazarene, Inc.
11 SN0243
TEXTUAL STATEMENT
Revised March 13, 2012
Rezone. Rezone 210.9 acres (the "Property") from A to O-2 with a Conditional Use
Planned Development ("CUPD") to permit use and zoning ordinance exceptions as
described herein, and as provided in the accompanying proffers.
II. General Conditions for Tracts A and B.
A. To accommodate the orderly development of Tracts A and B, the Tracts shall be
located as generally depicted on the Tract Plan, but their location and size,
including further divisions into Sub-Tracts (a designated portion of a Tract), may
be modified (such as moving the location of a Tract boundary) so long as the
parcels generally maintain their relationship with each other and any adjacent
properties. 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 divisions maybe created at the time of Site Plan approval and shall not
require a separate review as a Tract modification, provided there is no adjustment
in the overall Tract boundary.
B. Prior to any site plan approval, a schematic plan must be approved by the
Planning Commission. The schematic plan shall include information deemed
necessary by the Planning Commission to ensure compliance with zoning
conditions and the Zoning Ordinance's purposes, including but not limited to the
horizontal layout of the prof ect based on a metes and bounds survey, a general list
of uses, density, conceptual landscaping plans and cross sections of any required
buffers. The Planning Commission shall review the schematic plan to ensure
compliance with the Zoning Ordinance and zoning conditions, to ensure land use
compatibility and transition; and to mitigate any adverse impact on public health,
safety and welfare. Such plan shall be subject to appeal in accordance with the
provisions of the Zoning Ordinance for site plan appeals.
C. The residential and non-residential uses permitted within an individual tract shall
be permitted to be mixed within a tract or sub-tract if a Mixed Use Plan is
submitted for review and approval. Such plan shall be approved by the Director
of Planning and such review shall be subject appeal in accordance with the
provisions of the Zoning Ordinance for site plan appeals. The Mixed Use Plan
shall address the land use transitions and compatibility among the residential and
non-residential uses within a tract or sub-tract. Land use compatibility and
transitions may include, but not necessarily be limited to, the exact location of
uses, buffers and site design.
D. The following signs shall be permitted for Tract B in addition to those signs
permitted by the Zoning Ordinance:
The existing freestanding sign identifying the church as shown on Exhibit
A may by replaced in accordance with the Zoning Ordinance.
2. The freestanding project identification sign permitted on Tract B shall be
permitted to include a computer controlled variable message electronic
sign (the "EMC") in accordance with the Zoning Ordinance requirements
for such signs, provided that:
The sign shall be located, as generally shown on Exhibit A, at the
Newbys Bridge Road entrance.
b. The sign shall be located a minimum of 1,000 feet from residential
dwellings existing at the time of site plan application.
The sign shall not be visible from R, R-TH or R-MF property or A
property designated on the Plan for R, R-TH or R-MF use; or, if
visible, such sign shall be located a minimum of 1,000 feet from
such property.
d. The electronic message portion of the sign shall occupy one-half or
less of the total area of the sign face.
Copy shall be limited to three (3) lines. Copy shall not move, but
may fade.
£ The sign shall not use animation or bij ou lighting effects.
g. Messages shall change at a minimum of 30-second intervals.
Message display frames shall be complete messages (not requiring
or inducing a driver to watch a sign several seconds).
h. Flashing and traveling messages shall not be permitted.
The sign shall be incorporated into an architecturally designed sign
structure that is compatible and complimentary to the building or
prod ect it serves.
2
The sign shall not exceed 0.3 foot candles above ambient light as
measured using a foot candle meter at a preset distance depending
on EMC sign area in accordance with the EMC Sign Policy. The
sign shall have a photocell that automatically adjusts the brightness
according to ambient light conditions.
Building mounted signs shall be permitted in accordance with the Zoning
Ordinance except that on all non-residential buildings that border roads,
driveways or parking lots, building mounted identification signs shall be
permitted on two (2) sides of the building regardless of whether the side
that faces the road, driveways or parking lots is the front, side or rear of
the building. In addition, the sign area for a single tenant maybe
increased in accordance with the Zoning Ordinance even if the single
tenant space does not extend from the front to the back (or side) of the
building.
4. The following signs shall be located internal to the project site, not along
Courthouse Road or Route 288 and shall not be legible outside of the
project:
Within Tract B:
Ten (10) building mounted banners each with a maximum
area of fifty-four (54) square feet shall be permitted to be
permanently displayed.
ii. Eight (8) banners per parking lot shall be permitted to be
mounted to light poles. Each such banner shall be
permitted to have a maximum area of twenty (20) square
feet and to be permanently displayed.
b. Signs designed and mounted to provide directional information for
pedestrians within the project:
Five (5) on-site directory signs shall be permitted at
pedestrian trail intersections. Each such sign shall be
permitted to have a maximum area of twenty (20) square
feet and a maximum height of ten (10) feet.
ii. Ten (10) on-site directional signs shall be permitted. Each
such sign shall be permitted to have a maximum area of
four (4) square feet and a maximum height of ten (10) feet.
All signs permitted in Item #4 above shall be permitted to include
business logo(s) and permitted to be illuminated in accordance
with Zoning Ordinance Section 19-636(g). For all signs permitted
in Item #4 above, illumination shall be turned off at 10 p.m. unless
such sign is within 750 feet of the northern property boundary, in
which case illumination shall be turned off at midnight.
E. Parking.
If on-street parking is permitted, those spaces shall be counted towards the
required number of parking spaces.
2. Recreation fields may be used for temporary special event parking.
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.
4. 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.
III. Requirements and Exceptions for Specific Tracts.
A. Tract A
Permitted Uses. Permitted Uses shall be limited to fire station, rescue
squad and/or public safety administrative offices, provide that:
No external sirens or public address systems are provided except
those mounted on emergency vehicles.
2. Setbacks from Internal Roads. All front and corner side yards shall be a
minimum of fifteen (15) feet with the installation of perimeter landscaping
C as defined in the Zoning Ordinance.
B. Tract B
Permitted uses shall include:
Uses permitted by right and with certain restrictions in the
Neighborhood Office (O-1) and Corporate Office (O-2) Districts,
except that:
(i) The following uses shall only be permitted in conjunction
with church use on the property:
(a) Schools and colleges, public and private;
(b) Schools, business, commercial, trade, music, dance
and vocational;
(c) Nursery schools, child and adult day care centers
and kindergartens;
4
(d) Public and/or private parks, playgrounds and/or
athletic fields;
(e) Communication studios, stations and/or offices,
exclusive of towers which shall not be permitted,
(f) Catering establishment/business,
(g) Outside public address system, provided such use is
in conjunction with a public and/or private park,
playground and/or athletic field.
(ii) The following uses shall not be permitted even if such uses
would otherwise comply with the restrictions in the Zoning
Ordinance to allow them as permitted and/or restricted uses
in the Office (O-1 and O-2) Districts:
(a) Banks, with or without drive thru service;
(b) Communications towers;
(c) Commercial parking lots;
(d) Convenience store;
(e) Dry cleaning, pickup or drop off; coin operated
cleaning; pressing; laundry and laundromat;
(f) Gasoline sales;
(g) Golf courses;
(h) Grocery stores;
(i) Hardware store;
(j) Hospitals;
(k) Hotels;
(1) Incidental check cashing services;
(m) Intercoms;
(n) Micro-breweries;
(o) Motor vehicle accessory store;
(p) Pet grooming shops;
(c~ Restaurants;
(r) Shopping centers;
(s) Single-family dwellings;
(t) Tailoring and dress making shops; and
(u) Video rental and sales stores.
b. Indoor recreational use;
c. The following uses shall be permitted provided that such uses are
not located within the flight pattern of the airport as shown on
Exhibit B, prepared by the Chesterfield County Planning
Department.
(i) All uses permitted by-right and with certain restrictions in
the Multifamily Residential (R-MF) District provided that
occupancy of all multi-family dwelling units shall be
restricted, except as otherwise prohibited by the Virginia
5
Fair Housing Law, the Federal Fair Housing Act, and such
other applicable federal, state, or local legal requirements,
to "housing for older persons" as defined in the Virginia
Fair Housing Law and no persons under 19 years of age
shall reside therein;
(ii) Nursing home/convalescent care; and
(iii) Assisted living facilities provided that occupancy shall be
restricted, except as otherwise prohibited by the Virginia
Fair Housing Law, the Federal Fair Housing Act, and such
other applicable federal, state, or local legal requirements,
to "housing for older persons" as defined in the Virginia
Fair Housing Law and no persons under 19 years of age
shall reside therein. An assisted living facility shall be
defined as a facility providing residential services that
shall not include dwelling units as defined by the
Zoning Ordinance.
2. Requirements for Non-Residential Uses on Tract B.
All non-residential uses shall conform to Zoning Ordinance
requirements for office uses in an Emerging Growth District Area,
except as follows:
Building Height. No buildings or structures within 200 feet
of single family residential dwellings existing at the time of
site plan application shall exceed a height of thirty (30) feet
or two (2) stories, whichever is less. Otherwise, the
maximum permitted building height shall be the lesser of
sixty-five (65) feet or four (4) stories in height.
ii. Buffer from Adjacent Residential Uses. A 100 foot buffer
from adjacent single family residential uses shall be
provided along the property boundary as shown on Exhibit
A in accordance with Zoning Ordinance requirements.
iii. Setbacks from Internal Roads. All front and corner side
yards shall be a minimum of fifteen (15) feet with the
installation of perimeter landscaping C.
iv. Sidewalks and/or trails shall be provided to facilitate
pedestrian access to and between uses.
Requirements for Residential Uses on Tract B.
6
All residential uses shall conform to the requirements of the
Zoning Ordinance for the Multifamily Residential (R-MF) District
except as follows:
(i) Setbacks.
(a) Buffer from Adjacent Residential Uses. A 100 foot
buffer from adjacent single family residential uses
shall be provided along the property boundary as
shown on Exhibit A in accordance with Zoning
Ordinance requirements.
(b) Setback from Route 288. Residential uses shall be
setback two hundred (200) feet, exclusive of
required yards, from the Route 288 right-of--way
unless a noise study demonstrates that a lesser
distance is acceptable as approved by the
Transportation Department. If any residential uses
are planned and/or located within five hundred
(500) feet of the Route 288 right-of--way, all natural
vegetation on Tract B shall be retained within the
two hundred (200) foot setback area adjacent to
Route 288 between the residential area and the
Route 288 right-of--way and extending along the
Route 288 right-of--way a distance of approximately
two hundred fifty (250) feet on each side of the
residential area, unless removal of the vegetation is
necessary to construct utilities and/or trails. The
exact location of the two hundred (200) foot setback
shall be approved by the Transportation
Department.
(c) All dwelling units shall be set back a minimum of
fifteen (15) feet from interior private driveways,
proposed rights-of--way and fire lanes.
(d) All dwelling units shall be set back a minimum of
seven and one-half (7.5) feet from any parking
space or detached garage(s) or detached covered
parking space(s), unless the garage or covered
parking is incorporated into the dwelling unit, then
there shall be no setback.
b. Location of Buildings. Buildings shall front on a street, open
space, courtyard, or parking area.
Distance Between Buildings. The minimum distance between
multifamily residential buildings shall be fifteen (15) feet.
7
d. Building Height. No buildings or structures within 200 feet of
single family residential dwellings existing at the time of site plan
application shall exceed a height of thirty (30) feet or two (2)
stories, whichever is less. Otherwise, the maximum permitted
building height shall be the lesser of sixty-five (65) feet or four (4)
stories in height.
Recreation Area Required. The required recreational area shall be
provided for passive and/or active recreational use.
£ Sidewalks. Sidewalks shall be provided along both sides of
internal streets, open spaces, courtyards, and parking areas where
residential buildings front. Sidewalks and/or trails shall be
provided to facilitate pedestrian access to and between uses.
g. Open Space. A minimum of 10% of Tract B shall be devoted to
open space. The Developer shall be permitted to include wetlands
in open space areas. Of this open space, a total minimum of one
(1) useable acre (which may or may not be divided into three (3)
separate areas, provided the minimum area for each part of the
open space is one fourth (0.25) of an acre) shall be provided.
h. Focal Point. A centrally located focal point a minimum of 0.75
acres, which may include at least one of the following facilities,
shall be provided in conjunction with the residential use (or within
each part, if divided): clubhouse, hardscaped areas (which may
include permeable pavers) with benches, plazas, courtyards,
neighborhood parks, trails, and recreational facilities.
Driveways. All driveways shall be hardscaped.
Units Per Floor. No more than forty (40) nursing/convalescent or
assisted living units shall be permitted on any one floor level of a
building.
k Density. A maximum of twelve (12) multi-family dwelling units
shall be permitted.
Street Trees. Street trees shall be provided on both sides of streets
where residential uses front.
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