03SN0202-May28.pdfMay 28, 2003 BS
ADDENDUM
03SN0202
M-3 Investors LLC
REQUEST:
Midlothian Magisterial District
North line of Midlothian Turnpike
Conditional Use to permit Residential Multi-family (R-MF) uses in a Community
Business (C-3) District plus proffered conditions on an adjacent Residential (R-7)
tract.
PROPOSED LAND USE:
A mixed use project to include multi-family residential development containing
a maximum of 330 dwelling units and Corporate Office (0-2) uses, as restricted
by proffered conditions, is planned.
There was a typographical error in Proffered Condition III.A. 3.c.ix. Specifically, Item 2 relative
to the applicant paying the County a cash proffer for any dwelling unit located in a building that
contains more than 100 dwelling units should have been deleted. The Proffered Condition should
read as follows:
PROFFERED CONDITION
III.A.3.c. ix. Impacts on Capital Facilities.
Prior to the issuance of building permit(s), the applicant,
subdivider, or assignee(s) shall pay the following, for
infrastructure improvements within the service district for
the property, to the county of Chesterfield for any dwelling
Unit:
ao
$2, ~68.00 per dwelling unit, if paid prior to July 1,
2003. At the time of payment, the $2,168.00, will be
Providing a FIRST CHOICE Community Through Excellence in Public Service.
Co
Staff continues to recommend approval
allocated pro-rata among the facility costs as
follows: $598.00 for parks and recreation, $324.00
for library facilities, $900.00 for roads, and $346.00
for fire stations; or
The amount approved by the Board of Supervisors
not to exceed $2,168.00 per dwelling unit adjusted
upward by any increase in the Marshall and Swift
building cost index between July 1,2002, and July 1
of the risc, al year in which the payment is made if
paid after June 30, 2003.
In the event the cash payment is not used for which
proffered within 15 years of receipt, the cash shall
be returned in full to the payor. (B&M)
as provided in the "Request Analysis".
2 03 SN0202-MAY28-ADDENDUM-BOS
April~, ~< 2003 CPC
May 28, 2003 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
03SN0202
M-3 Investors LLC
Midlothian Magisterial District
North line of Midlothian Turnpike
REQUEST: Conditional Use to permit Residential Multi-family (R-MF) uses in a Community
Business (C-3) District plus proffered conditions on an adjacent Residential (R-7)
tract.
PROPOSED LAND USE:
A mixed use project to include multi-family residential development containing a
maximum of 330 dwelling units and Corporate Office (0-2) uses, as restricted by
proffered conditions, is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS
ON PAGES 2 THROUGH 11.
AYES: MESSRS. GECKER, LITTON, CUNNINGHAM AND STACK.
ABSENT: MR. GULLEY.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. Although the Northern Area Plan suggests the property is appropriate for general
commercial uses, a goal of the Plan is to provide for appropriate transition from
residential areas to commercial areas; through buffers and land use variations. The
Providing a FIRST CHOICE Community Through Excellence in Public Service.
proposed residential multi-family uses and proffered use limitations promote
appropriate land use transitions from the commercial corridor along Midlothian
Turnpike to the established residential development to the north which is not
achieved under the property's existing Community Business (C-3) zoning.
The proposed Residential Multi-family (R-MF) and Corporate Office (0-2) uses
are designed to provide maximum compatibility with, and minimal impact upon,
adjacent residential development. Proffered conditions address use, density and
design controls that further ensure land use compatibility and transition.
Co
The proffered conditions address the impacts of this development on necessary
capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan.
Specifically, the needs for schools, parks, libraries, fire and transportation facilities
is identified in the County's adopted Public Facilities Plan, the Thoroughfare Plan
and Capital Improvement Program and the impact of this development is discussed
herein. The proffered conditions adequately mitigate the impact on capital
facilities, thereby insuring adequate service levels are maintained and protecting the
health, safety and welfare of County citizens.
(NOTE: CONDITIONS MAY BE IMPOSED ON THE CONDITIONAL USE PORTION OF THE
REQUEST OR THE PROPERTY OWNER MAY PROFFER CONDITIONS ON ANY PORTION
OF THE REQUEST. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE
RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC) I.
Zoning Plan. Tracts shall be located as generally depicted on the
Zoning Plan, dated 3-21-03 and prepared by Balzer & Associates,
Inc., but the location and size of Tracts B and C may be modified
provided the tracts generally maintain their relationship with each
other, with Tract A, and any adjacent properties. A plan for any such
Tract adjustment shall be submitted to the Planning Department for
review and approval. Such plan shall be subject to appeal in
accordance with provisions of the Zoning Ordinance for Site Plan
appeals. (P)
(STAFF/CPC)
II. Tract A
Uses. The acreage of Tract A shall be included solely for the
purpose of 1) calculating density for the residential multi-
family development on Tracts B and C provided such
multifamily development is contiguous to Tract A, as
determined, by the Planning Department, and 2) any
2 03SN0202-MAY28-BOS
(STAFF/CPC)
III.
associated focal point acreage referenced in Proffered
Condition III.A.3.iv. (P)
Buffer: The 100 foot buffer required by Case 74-26 shall
comply with the requirements of the Zoning Ordinance for
100 foot buffers.
(Note: This condition is in addition to the Condition of Case
74-26.) (P)
Tract B
A. Uses. Uses in Tract B shall be limited to the following:
Nursing, convalescent, rest homes and group care
facilities. Unless located within 400 feet of the
ultimate right of way of Midlothian Turnpike, such
buildings shall be located generally parallel to Tract A
with parking areas to be located south of the
buildings. Furthermore, alternate locations for these
buildings shall be permitted if the overall campus site
design provides for other buildings for other permitted
uses to be located generally parallel to Tract A with
the parking areas to be located generally south of the
buildings. (P)
Corporate Office (0-2) uses permitted by fight or with
restrictions with the exception of schools-commercial,
trade, music, dance, vocational, training, hospitals and
warehouses, provided such uses are located within
400 feet of the ultimate right of way of Midlothian
Turnpike. (P)
Residential multi-family uses. Such uses shall
comply with the requirements of the Zoning
Ordinance for Residential Multi-Family (R-MF)
Districts except as follows:
a. Four (4) or less attached units:
i. Setbacks from roads and property
lines. All structures shall be set back a
minimum of eight (8) feet from
interior private driveways providing
access exclusively to parking areas
3 03 SN0202-MAY28-BOS
ii.
iii.
iv.
vi.
and fifteen (15) feet from all other
driveways. There shall be no required
setback for structures from any
parking space. (P)
Distance between buildings. The
minimum distance between buildings
shall be fifteen (15) feet. (P)
Driveways and Parking Areas. All
roads, driveways and parking areas
shall have concrete curbs and gutters
except those driveways that provide
access exclusively to parking areas
serving individual lots. (P)
Focal Point. A minimum of 0.75 acres
of open space/recreation area shall be
provided on the Property (may include
areas in Tracts A, B and C) to provide
a "focal point" as one enters the
project. Part of the area shall be
"hardscaped" and have benches and
other amenities that accommodate and
facilitate gatherings. A portion of the
focal point may include areas devoted
to water facilities. The focal point
shall be developed concurrent with the
first phase of residential development
that the focal point is intended to
serve. The exact design and location
shall be approved by the Planning
Department at the time of site plan
review. (P)
Sidewalks. Sidewalks shall be
provided on the side of any road that
has units fronting on the road. (P)
Individual Lot Driveways and Parking
Areas. Individual driveways and
parking areas shall be "hardscaped".
The exact design and treatment shall
be approved at the time of site plan
review. (P)
4 03SN0202-MAY28-BOS
vii.
Garage Doors. The number of units
with garage doors fronting streets shall
be limited or designed so as to
minimize the visual impact of garage
doors facing the streets. At the time of
site plan review, plans depicting these
requirements shall be submitted for
review and approval. (P)
viii.
Noise Setback. A setback distance of
two hundred (200) feet, exclusive of
required yards shall be provided from
the Powhite Parkway right of way,
unless a noise study demonstrates that
a lesser distance is acceptable as
approved by the director of
transportation. Natural vegetation
shall be retained within the setback
area unless removal is required to
install noise attenuation measures or is
approved by the Planning
Commission. (T)
More than four (4) attached units:
Site Design. The multi-family development
shall be restricted to a maximum of two (2)
buildings to be located generally parallel to
Tract A with parking areas to be located south
of the buildings. Furthermore, alternate
locations for the multi-family building(s) shall
be permitted if the overall campus site design
provides for other buildings for other
permitted uses to be located generally parallel
to Tract A with the parking areas to be located
generally south of the buildings. This would
not preclude fire access as required by the Fire
Department to the north of the buildings.
Should such building(s) be located within 400
feet of the ultimate right of way of Midlothian
Turnpike, this building/parking orientation
requirement shall not apply. (P)
5 03 SN0202-MAY28-BOS
ii.
111.
ii.
Dwelling units. There shall be no limit to the
number of dwelling units permitted on one
floor level of a building. (P)
All units:
Parcel(s) area and density. The minimum
contiguous development size shall be ten (10)
acres. Density shall not exceed thirty-three
(33) dwelling units per gross acre with a
maximum density of 330 units. (P)
Conceptual Plan. Residential units shall be
grouped together by type (four (4) or less
attached or more than four (4) attached). If
there is a desire to mix the types of residential
uses within a Tract, the mixing may be
permitted in a Conceptual Plan is submitted
for review and approval by either the Planning
Department or the Planning Commission. The
Conceptual Plan shall address the land use
transitions and compatibility between the
different uses within a Tract. Land use
compatibility and transitions may include, but
not necessarily be limited to, the exact
location of the uses, buffers and site design.
Review of the Conceptual Plan shall be
subject to appeal in accordance with the
provisions of the Zoning Ordinance for Site
Plan appeals. (P)
Emergency Access. In lieu of a second public
access, an emergency access shall be provided
from Midlothian Turnpike to the site prior to
occupancy of more than fifty (50) units. The
location of this emergency access shall be
reviewed and approved by the Transportation
and Fire Departments. The design and
maintenance of this emergency access shall be
reviewed and approved by the Fire
Department in conjunction with site plan
approval. (F & T)
6 03SN0202-MAY28-BOS
iv.
vi.
vii.
Vlll.
Recreation area required. Required recreation
shall be provided in the form of passive
recreation consisting of walking trails
throughout the development. (P)
Age restriction. Except as otherwise
prohibited by the Virginia Fair Housing Law,
the Federal Housing Law, and such other
applicable federal, state, or local legal
requirements, dwelling units shall be restricted
to "housing for older persons" as defined in
the Virginia Fair Housing Law and shall have
no persons under 19 years of age domiciled
therein ("Age-Restricted Dwelling Units").
(B&M)
Street Trees. Street trees shall be installed
along each side of the interior roads and
common driveways to include entrance roads
from public roads into the development in
accordance with the requirements of the
Zoning Ordinance for Subdivisions. (P)
Landscaping. Landscaping shall be provided
around the perimeter of all buildings, between
buildings and driveways, within medians, and
within common areas not occupied by
recreational facilities or other structures.
Landscaping shall comply with the
requirements of the Zoning Ordinance
Sections 19-516 through t 9-518(f).
Landscaping shall be designed to minimize
the predominance of building mass and paved
areas; define private spaces; and enhance the
residential character of the development. The
Plalming Department, at the time of site plan
review, shall approve the landscaping plan
with respect to the exact numbers, spacing,
arrangement and species of plantings. (P)
Lighting. Light poles shall have a maximum
height of twenty (20) feet. (P)
7 03SN0202-MAY28-BOS
ix. Impacts on Capital Facilities.
Prior to the issuance of building
permit(s), the applicant, subdivider, or
assignee(s) shall pay the following, for
infrastructure improvements within
the service district for the property, to
the county of Chesterfield for any
dwelling unit:
$2,168.00 per dwelling unit, if
paid prior to July 1, 2003. At
the time of payment, the
$2,168.00, will be allocated
pro-rata among the facility
costs as follows: $598.00 for
parks and recreation, $324.00
for library facilities, $900.00
for roads, and $346.00 for fire
stations; or
The amount approved by the
Board of Supervisors not to
exceed $2,168.00 per dwelling
unit adjusted upward by any
increase in the Marshall and
Swift building cost index
between July 1,2002, and July
1 of the fiscal year in which
the payment is made if paid
after June 30, 2003.
Co
In the event the cash payment
is not used for which proffered
within 15 years of receipt, the
cash shall be returned in full to
the payor. (B&M)
Prior to the issuance of building
permit(s), the applicant, subdivider,
or assignee(s) shall pay the following,
for infrastructure improvements
within the service district for the
property, to the county of
Chesterfield for any dwelling unit
8 03SN0202-MAY28-BOS
(STAFF/CPC)
IV.
Tract C
that is located in a building that
contains more than 100 dwelling
units:
$1,268.00 per dwelling unit, if paid
prior to July 1, 2003. At the time of
payment, the $1,268.00, will be
allocated pro-rata among the facility
costs as follows: $598.00 for parks
and recreation, $324.00 for library
facilities, and $346.00 for fire
stations; or
The amount approved by the Board
of Supervisors not to exceed $1,268.
00 per dwelling unit adjusted upward
by any increase in the Marshall and
Swift building cost index between
July 1, 2002, and July 1 of the fiscal
year in which the payment is made if
paid after June 30, 2003.
In the event the cash payment is not
used for which proffered within 15
years of receipt, the cash shall be
returned in full to the payor. (B&M)
Uses. Uses in Tract C shall be limited to the
following:
Those uses permitted by right or with
restrictions in the Corporate Office
(0-2) District with the exception of
schools-commercial, trade, music,
dance, vocational, training; hospitals
and warehouses. (P)
Residential multi-family uses, subject
to the requirements identified for Tract
B. (P)
9 03 SN0202-MAY28-BOS
(STAFF/CPC) V. All Tracts:
A. Utilities. Public wastewater shall be used. (U)
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)
Drainage. Stormwater shall be retained onsite
and released so that the culvert under
Brucewood Drive meets VDOT criteria for
passing a 1 O-year storm. The Department of
Environmental Engineering shall approve the
design of such systems at time of site plan
review. (EE)
Do
BMP Designed as Amenity. Any above-
ground facilities required for water quantity or
quality control shall be landscaped or
otherwise improved so that the facilities
become visual enhancements to, and amenities
for, uses developed on the property. At the
time of site plan review, a plan depicting these
requirements shall be submitted for review
and approval. (P&EE)
Access to Pinetta Drive. Direct access from
the property to Pinetta Drive shall be limited
to one (1) entrance/exit. The exact location of
this access shall be approved by the
Transportation Department. This condition
shall not preclude the provision of an
emergency access from Pinetta Drive, subject
to the review and design requirements of
Proffered Condition III.A.3.c.iii. (T&F)
Access to Midlothian Turnpike. No direct
access shall be provided from the property to
Midlothian Turnpike, other than an emergency
10 03 SN0202-MAY28-BOS
access as referenced in Proffered Condition
III.A.3.c.iii. (T)
Dedication. Prior to any site plan approval,
thirty-five (35) feet of right-of-way on the east
side of Pinetta Drive, measured from the
centerline of that part of Pinetta Drive
immediately adjacent to the property, shall be
dedicated, free and um'estricted, to and for the
benefit of Chesterfield County. (T)
Road Improvements. To provide an adequate
roadway system at the time of complete
development, the owner/developer shall be
responsible for the following:
Construction of additional pavement
along Pinetta Drive at the approved
access to provide right and left turn
lanes, if warranted, based on
Transportation Department standards;
and
Dedication to and for the benefit of
Chesterfield County, free and
unrestricted, any additional right-of-
way (or easements) required for the
improvements identified above. (T)
Phasing. Prior to any site plan approval, a
phasing plan for the required road
improvements, as identified in Proffered
Condition V.H. shall be submitted to and
approved by the Transportation Department.
(T)
Transportation Densities. For traffic planning
purposes, the maximum density of the
property shall be 200,000 square feet of
general office(324 AM and 298 PM peak hour
trips) or equivalent densities as approved by
the Transportation Department. Equivalent
densities shall be determined by comparing
AM and PM peak hour trip generation
estimates. (T)
11 03SN0202-MAY28-BOS
GENERAL INFORMATION
Location:
Lies along the north line of Midlothian Turnpike and the east line of North Pinetta Drive,
west of, and adjacent to, Powhite Parkway. Tax IDs 754-706-3006 and 4831 (Sheets 6
and 7).
Existing Zoning:
C-3 and R-7
Size:
17.6 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North
South
East
West
- R-7; Single family residential
- C-3 and C-5; Public/semi-public (post office), office or commercial
- Powhite Parkway
- C-3 and R-15; Commercial or vacant
UTILITIES
Public Water System:
A sixteen (16) inch water line extends along the north side of Midlothian Turnpike and
continues within an easement on the request site, adjacent to the right of way of Powhite
Parkway. In addition, a twelve (12) inch water line extends along North Pinetta Drive,
adjacent to this site. Use of the public water system is required by County Code.
Public Wastewater System:
There is an eight (8) inch wastewater collector extending along Brucewood Drive,
approximately 500 feet north of the request site. Extension from this wastewater line will be
necessary to serve this site. Use of the public wastewater system is intended and has been
proffered. (Proffered Condition V.A.)
12 03 SN0202-MAY28-BOS
ENVIRONMENTAL
Drainage and Erosion:
The property is wooded and, as such, should not be timbered without first obtaining a land
disturbance permit. This will ensure that adequate erosion control measures are in place
prior to any land disturbance activity (Proffered Condition V.B.). The property drains to
the southeast corner of Pinetta and Brucewood Drives. The existing culvert was installed
in the late 1960's and appears to be undersized. The developer must therefore analyze the
existing channel down through the culvert at the intersection of Pinetta and Brucewood
Drives. If the culvert does not meet current criteria for passing a ten (10) year storm
without topping the road for the entire watershed, the developer must retain water on-site
so that the release rate from the detention/retention facility will obtain adequacy from the
existing culvert. (Proffered Condition V.C.)
Water Quality:
To address concerns relative to the aesthetics of any open basins required for water
quantity or quality control, the applicant has agreed that any such facility will be
landscaped or otherwise improved so that they become visual enhancements to uses
developed on the property. (Proffered Condition V.D.)
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program. This development
will have an impact on these facilities.
Fire Service:
The Public Facilities Plan indicates that emergency services calls are expected to increase
forty-five (45) percent by 2015. Eight (8) new fire/rescue stations are recommended for
construction by 2015 in the Plan. Based on 330 dwelling units, this request will generate
approximately 103 calls for fire and rescue services each year. The applicant has addressed
the impact on fire service. (Proffered Condition I!I. A. 3. c. ix.)
The Buford Fire/Rescue Station, Company Number 9, and Forest View Volunteer Rescue
Squad currently provide fire protection and emergency medical services. When the
property is developed, the number of hydrants and quantity of water needed for fire
protection will be evaluated during the plans review process.
The Zoning Ordinance requires the construction of a second public or private road access
prior to the occupancy of more than fifty (50) units. Further, additional accesses may be
required where more than 200 units are constructed. The application proposes the
provision of one (1) full access from Pinetta Drive and a restricted second access from
13 03SN0202-MAY28-BOS
Midlothian Turnpike (Proffered Condition III.A.3.c.iii.). A second restricted access is
proposed from Pinetta Drive should a third access point be required (Proffered Condition
V.E.). The Fire Department typically does not support the use of an emergency access in
place of a second unrestricted access. A second means of unrestricted access allows
emergency services to expeditiously access a development in an emergency situation and
provides future residents with an alternative means of ingress/egress should one (1) access
become blocked. However, extenuating circumstances exist that result in no practical
means of providing a second public access. Specifically, the location of the Powhite
Parkway interchange in combination with limited parcel frontage precludes a full access
from Midlothian Turnpike. Further, as a collector road, access to Pinetta Drive has been
limited to one. Given these access limitations, the Fire Department accepts the use of an
emergency access from Midlothian Turnpike in lieu of a second, unrestricted access.
Schools:
Since there is an age restriction on the proposed development, this request will have no
impact on schools. (Proffered Condition III. A. 3. c. v.)
Libraries:
Consistent with the Board of Supervisors' policy, the impact of development on library
services is assessed County-wide. Based on projected population growth, the Public
Facilities Plan identifies a need for additional library space throughout the County. Even
if the facility improvements that have been made since the Public Facilities Plan was
published are taken into account, there is still an unmet need for additional library space
throughout the County.
This development is located such that it could affect either the existing Bon Air or La
Prade Library or a proposed new library near Lucks Lane. The Plan identifies a need for
additional library space in these areas of the County. The applicant has agreed to
participate in the cost of providing for area library needs. (Proffered Condition
III.A.3.c.ix.)
Parks and Recreation:
The Public Facilities Plan identifies the need for four (4) new regional parks. In addition,
there is currently a shortage of community park acreage in the County. The Plan identifies
a need for 625 acres of regional park space and 116 acres of community park space by
2015. The Plan also identifies the need for neighborhood parks and special purpose parks
and makes suggestions for their locations.
The applicant has offered measures to assist in addressing the impact of this proposed
development on these Parks and Recreation facilities. (Proffered Condition III. A. 3. c. ix.)
14 03SN0202-MAY28-BOS
Transportation:
The property (17.6 acres) is currently zoned Community Business (C-3) and Residential (R-
7). There are currently no conditions of zoning on the C-3 portion of the property. Based on
shopping center trip rates, current zoning on the Community Business (C-3) portion of the
property would allow development that could generate approximately 4,650 average daily
trips. The applicant is requesting a Conditional Use to permit Residential Multi-family (R-
MF) and has proffered to limit other uses to nursing, convalescent, rest homes and group cm'e
facilities and limited corporate office (0-2) uses. The applicant has proffered that a
maximum density of 200,000 square feet of general office, or development that results in an
equivalent traffic generation will be developed on the propel~y (Proffered Condition V.J.).
Based on general office trip rates, development could generate approximately 2,260 average
daily trips (324 AM peak hour trips and 298 PM peak hour trips).
As previously noted, the requested zoning would allow various land uses to be developed on
the property. The applicant prepared one (1) possible development scenario for a mixed-use
project that shows 330 independent living units, an eighty (80) bed assisted living facility, a
120-bed nursing home and 15,000 square feet of medical office. This mixed-use
development could generate approximately 2,458 average daily trips (126 AM peak hour
trips and 179 PM peak hour trips). In evaluating equivalent traffic generation, staff compares
the volumes of peak hour traffic. Based on the maximum density proffer, staff would approve
the mixed-use project as represented on that schematic plan. Vehicles generated by this
development will be distributed along Pinetta Drive, which had a 2003 traffic count of 5,509
vehicles per day.
The Thoroughfare Plan identifies Pinetta Drive as a collector with a recommended right of
way width of seventy (70) feet. The applicant has proffered to dedicate thirty-five (35) feet of
right of way, measured from the centerline of Pinetta Drive, in accordance with that Plan.
(Proffered Condition V.O.)
Development must adhere to the Development Standards Manual in the Zoning Ordinance,
relative to access and internal circulation (Division 5). The property has limited frontage
along Midlothian Turnpike (Route 60). Due to the proximity of Powhite Parkway to Pinetta
Drive and the volume of traffic on Route 60 (approximately 75,000 vehicles per day), drivers
experience extreme congestion, especially during peak periods. The applicant has proffered
that no direct access will be provided to Route 60, other than an emergency access.
(Proffered Condition V.F.)
Access to collectors, such as Pinetta Drive, should also be controlled. The applicant has
proffered that direct access from the property to Pinetta Drive will be limited to one (t)
entrance/exit (Proffered Condition V.E.). This access will be located towards the northern
property line. If required by the Fire Department, Proffered Condition V.E. would allow an
emergency access to be provided onto Pinetta Drive.
15 03 SN0202-MAY28-BOS
The traffic impact of this development must be addressed. The applicant has proffered to
construct additional pavement along Pinetta Drive at the approved access to provide left and
right turn lanes (Proffered Condition V.H.). Based on the proffered maximum density,
200,000 square feet of general office, the traffic generated by this development is not
anticipated to warrant a traffic signal on Pinetta Drive.
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. Pinetta Drive wilt be directly impacted by development of
this property. Sections of this road have twenty-one (21) to twenty-four (24) foot wide
pavement with one (1) to two (2) foot wide shoulders. Pinetta Drive had a 2003 traffic count
of 5,509 vehicles per day. The capacity of this road is acceptable (Level of Service D) for the
volume of traffic it currently carries.
In reviewing the applicant's initial proposal, Transportation staff considered this
development as a commercial complex of buildings, including apartment-style housing for
senior adults with more than 100 units per building, an assisted living facility and supporting
medical uses. The fiscal impact on capital facilities for commercial developments are not
evaluated based on the Board of Supervisors' Cash Proffer Policy. For any R~MF
development, the applicant has proffered a maximum density of 330 units, and that all units
will be restricted to "housing for older persons" as defined in the Virginia Fair Housing law
and shall have no residents under nineteen (19) years of age (Proffered Conditions III A.3.c.i
and v.). The applicant has proffered to contribute cash of $900.00 per unit toward mitigating
the traffic impact of this development. (Proffered Condition III. A.3.c.ix)
At time of site plan review, specific recommendations will be provided regarding access and
internal site circulation.
16 03SN0202-MAY28-BOS
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 330* 1.00
Population Increase 897.60 2.72
Number of New Students
Elementary 0.00 0.00
Middle 0.00 0.00
High 0.00 0.00
TOTAL 0.00 0.00
Net Cost for Schools 0.00 0.00
Net Cost for Parks 228,690 693
Net Cost for Libraries 123,750 375
Net Cost for Fire Stations 132,330 401
Average Net Cost for Roads 1,355,970 4,109
TOTAL NET COST 1,840,740 I
5,578
I
*Based on proffered density of thirty-three (33) units per acre on ten (10) acres (Proffered
Condition III.A.3.c.i.). Actual number of units and corresponding impacts may vary.
As noted, this proposed development will have an impact on capital facilities. Staffhas calculated
the fiscal impact of every new dwelling unit on parks, libraries, fire stations and roads at $5,578 per
unit. The applicant has been advised that a maximum proffer of $4,815 per unit would defray the
cost of the capital facilities necessitated by this proposed development. Furthermore, the
Transportation section of this Request Analysis outlines unique circumstances relative to the impact
of this request on the transportation capital facilities noting that it is appropriate to accept a reduced
cash proffer.
Consistent with the Board of Supervisors' policy and proffers accepted from other applicants, the
applicant has offered cash to assist in defraying the cost of this proposed zoning on such capital
facilities. The applicant has proffered $2,168 per unit (Proffered Condition III.A.3.c.ix.). 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 of $4,815. The Transportation
Department however, indicates the proffers adequately address the impact of this request on the
transportation capital facilities.
The Planning Commission and the Board of Supervisors, through their consideration of this request,
may determine that there are unique circumstances relative to this case that may justify acceptance of
proffers as offered.
17 03SN0202-MAY28-BOS
LAND USE
Comprehensive Plan:
Lies within the Northern Area Plan which suggests the property is appropriate for general
commercial uses. One of the goals of the Plan is to provide for appropriate transition from
residential areas to commercial areas through buffers and land use variations. Specifically,
new development should be sited with special attention given to potential compatibility and
encroachment problems with surrounding residential development. Given the location of
established residential subdivision development north of, and adjacent to, the subject
property, as well as access constraints to the site, general commercial development may no
longer be an appropriate use along this portion of Midlothian Turnpike.
Area Development Trends:
Properties to the north are zoned Residential (R-7) and are developed as part of the
Brighton Green Subdivision. Properties to the south are zoned Community Business (C-3)
and General Commercial (C-5) and are occupied by public/semi-public (United States Post
Office), office and commercial uses. The property is bound to the east by the Powhite
Parkway interchange and to the west by property zoned Community Business (C-3) that is
developed for commercial use or is currently vacant, and Residential (R-15) property. The
subject property represents infill development along an established commercial corridor.
Zoning History:
On April 24, 1974, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved the rezoning of a 13.185 acre parcel from Residential (R-
7) to Community Business (B-2) (Case 74-26). This approval was subject to a condition
requiring the provision of a 100 foot buffer between the lot lines of the lots fronting on
Brucewood Drive and North Pinetta Drive and the property line of the subject property.
This request incorporated the northern portion of the property that is the subject of the
current zoning request.
Site Design:
The Zoning Plan depicts the property is divided into three (3) tracts of development. A
total of 330 multi-family dwelling units, consisting of attached groups of four (4) or fewer
or more than four (4) units could be developed on Tracts B or C (Proffered Condition
III.A.3.). If any individual tract is developed for two (2) dwelling types, a conceptual plan
must be submitted to either the Planning Commission or Planning Department for
approval. At the time of review of a conceptual plan, conditions may be imposed to insure
land use compatibility and transition (Proffered Condition III.A.3.c.ii.). Further, the
boundaries of Tracts B and C may be adjusted subject to Planning Department review.
Any adjustment would require that tract relationships be maintained within the project as
well as with adjacent properties. (Proffered Condition I.)
18 03SN0202-MAY28-BOS
Tract A has been included solely for the purpose of calculating density for the residential
multi-family development on Tracts B and C and associated open space design standards.
Within Tract A, provisions for a 100 foot buffer along the northern property boundary
adjacent to the established single family residential development have been maintained.
(Proffered Condition II.A. and B.)
In addition to residential multi-family uses, Tract B is proposed for development of
nursing, convalescent and rest home use and group care facilities. Corporate Office (0-2)
uses, as limited by proffered conditions, are also proposed provided such uses are located
within 400 feet of Midlothian Turnpike. (Proffered Condition III.A. 1. and 2.)
In addition to residential multi-family uses, Tract C is proposed for development of
Corporate Office (0-2) uses, as limited by proffered conditions. (Proffered Condition
IV.A. 1. and 2.)
It should be noted that the Zoning Ordinance will require submission of an overall
schematic plan for the entire project prior to any site plan approval, should a mix of
residential and non-residential uses be developed on the property.
Residential Multi-family Uses:
Development of multi-family units in Tracts B and C will be regulated by the standards set
forth in the Zoning Ordinance for Residential Multi-family (R-MF) Districts, except as
modified by the proffered conditions. A maximum of 330 residential multi-family units
have been proffered. Density must not exceed thirty-three (33) dwelling units per gross
acre with a minimum project area of ten (10) acres. Multi-family development may occur
in a cluster fashion incorporating four (4) or less attached units, within a maximum of two
(2) buildings that contain more than four (4) units each, or a combination of the two (2)
types.
Requirements offered for multi-family development are consistent with those typically
required by the Commission and Board on similar projects recently approved. For the
cluster-style development, these include sidewalks, "hardscaped" driveways and parking
areas, garage door orientation and a project focal point. For both the cluster-style and the
conventional-style development, these also include street trees, landscaping and lighting
provisions.
Corporate Office Uses:
Tracts B and C are currently zoned Community Business (C-3), permitting commercial
uses as outlined in the Zoning Ordinance. Limitations on such uses have been proposed
by the applicant in an attempt to address land use compatibility and transition to the
adjacent residential development. Proffered conditions have been submitted that limit uses
on these tracts to those permitted in the Corporate Office (0-2) District, exclusive of
19 03 SN0202-MAY28-BOS
schools (commercial, trade, music, dance, vocational, training), hospitals and warehouses.
If located within Tract B, such uses must be confined to within 400 feet of Midlothian
Turnpike. Beyond this 400-foot distance, permitted non-residential uses will be limited to
nursing, convalescent and rest homes and group care facilities. (Proffered Conditions
III. A. 1. and 2. and IV.A. 1.)
The request property lies within a Post Development Area. Except as noted herein,
development of the site for these uses must conform to the requirements of the Zoning
Ordinance which address access, parking, landscaping, architectural treatment, setbacks,
signs, buffers, utilities and screening of dumpsters and loading areas.
Architectural Treatment and Building/Parking Orientation:
Currently, architectural treatment of buildings, including materials, color and style, must
be compatible with buildings located within the same project. Compatibility may be
achieved through the use of similar building massing, materials, scale, colors and other
architectural features. Based upon current Ordinance standards, within Post Development
Areas, no building exterior that would be visible to public rights of way can be constructed
of unadorned concrete, block or corrugated and/or sheet metal.
Further, currently, any multi-family structure must comply with R-MF standards.
Specifically, buildings should be designed to impart harmonious proportions and avoid
monotonous facades or large bulky masses. Buildings should possess architectural variety
but enhance an overall cohesive residential character. Character shall be achieved through
the creative use of design elements such as balconies and/or terraces, articulation of doors
and windows, sculptural or textural relief of facades, architectural ornamentation, varied
roof lines or other appurtenances such as lighting fixtures and/or planting.
Currently, all junction and accessory boxes must be minimized from view of adjacent
property and public rights of way by landscaping or architectural treatment integrated with
the building served. Mechanical equipment, whether ground-level or rooftop, must be
screened from view of adjacent property and public rights of way and designed to be
perceived as an integral part of the building.
In an effort to minimize views of parking areas serving any multi-family buildings
containing more than four (4) units, proffered conditions restrict such buildings to a
maximum of two (2), to be located generally parallel to Tract A with parking areas located
south of the buildings. The location of these multi-family buildings may be modified
provided other buildings for other permitted uses are located generally parallel to Tract A
so as to create a campus-style design with parking located generally south of the buildings.
This building/parking orientation will not apply to such uses if located within 400 feet of
Midlothian Turnpike (Proffered Condition III. A. 3 .b.i.). Similar restrictions are proposed
for any nursing, convalescent, rest homes and group care facilities. (Proffered Condition
III.A.1.)
20 03SN0202-MAY28-BOS
Buffers and Screening:
Currently, the Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters,
garbage cans, trash compactors, etc.) be screened from view of adjacent property and
public rights of way by a solid fence, wall, dense evergreen plantings or architectural
feature, and that such area within 1,000 feet of any residentially zoned property or
property used for residential purposes not be serviced between the hours of 9:00 p.m. and
6:00 a.m. In addition, sites must be designed and buildings oriented so that loading areas
are screened from any property where loading areas are prohibited and from public rights
of way.
Adjacent property to the north is zoned Residential (R-7) and is occupied by single family
residences as part of the Brighton Green Subdivision. As previously noted, Case 74-26,
approved in April of 1974, required the provision of a 100 foot buffer between the lot
lines of the lots fronting on Brucewood Drive and North Pinetta Drive and the property
line of the subject property. This condition did not specify the treatment of this buffer. To
ensure that the integrity of this buffer is maintained, the applicant has proffered that such
buffer will comply with the requirements of the Zoning Ordinance for 100-foot buffers
(two and one-half (21/2)times the density of Perimeter Landscaping C). (Proffered
Condition ll.B.)
CONCLUSIONS
Although the Northern Area Plan suggests the property is appropriate for general commercial
uses, a goal of the Plan is to provide for appropriate transition from residential areas to
commercial areas through buffers and land use variations. The proposed residential multi-family
uses and proffered use limitations promote appropriate land use transitions from the commercial
corridor along Midlothian Turnpike to the established residential development to the north which
is not achieved under the property's existing Community Business (C-3) zoning. The proposed
Residential Multi-family (R-MF) and Corporate Office (0-2) uses are designed to provide
maximum compatibility with, and minimal impact upon, adjacent residential development.
Proffered conditions address use, density and design controls that further ensure land use
compatibility and transition.
The proffered conditions address the impacts of this development on necessary capital facilities, as
outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs for roads,
schools, parks, libraries and fire stations is identified in the County's adopted Public Facilities
Plan, the Thoroughfare Plan and Capital Improvement Program and the impact of this
development is discussed herein. The proffered conditions adequately mitigate the impact on
capital facilities, thereby insuring adequate service levels are maintained and protecting the health,
safety and welfare of County citizens.
Given these considerations, approval of this request is recommend.
21 03SN0202-MAY28-BOS
CASE HISTORY
Applicant (4/15/03):
The applicant submitted revisions to proffered conditions, as discussed herein.
Planning Commission Meeting (4/15/03):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Gecker, seconded by Mr. Stack, the Commission recommended approval
of this request and acceptance of the proffered conditions on pages 2 through 11.
AYES: Messrs. Gecker, Litton, Cunningham and Stack.
ABSENT: Mr. Gulley.
The Board of Supervisors, on Wednesday, May 28, 2003, beginning at 7:00 p.m., will take under
consideration this request.
22 03 SN0202-MAY28-BOS
/ /
MIDF
0 ~ + ~
I
!
i
Il IJ
I
1
t
I
II
II
11
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
11
II
4~1,1~1~1,
o,3.S iN 0 Z o Z- I