02SN0209-June18.pdfJune t 8, 2003 BS
STAFF'S
REQUEST ANALYSIS
RECOMMENDATION
02sN0209
Southern Land Company LLC
Matoaca Magisterial District
Grange Hall Elementary, Bailey' Bridge Middle and Manchester High School Districts
North line of Beach Road
REQUEST: ReZoning from Agricultural (A) to Residential (R-t2) with Conditional Use Planned
Development to Permit exceptions to Ordinance requirements.
PROPOSED LAND USE:
Residential, office and commercial uses with exceptions to Ordinance requirements.
are proposed. Specifically, a maximum of 2,392 residential units with supporting
commercial, office 'and recreational uses is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF PROFFERED CONDITIONS 1
THROUGH &LAND 8.N .THROUGH 16 ON PAGES 2 THROUGH 11.
AYES: MESSRS. GECKER, LITTON, CUNNINGHAM AND STACK.
NAYS: MR. GULLEY.
STAFF RECOMMENDATION
Recommend'approval for the following reaSons:
The proposed residential uses confOrm to the .Upper Swift Creek Plan which suggeSts
the property is appropriate for 2.0 dwelling units per acre. or less. Further, the non-
Providing a FIRST CHOICE Community Through Excellence in Public Service.
residential uses comply with the Plan which suggestthat such uses are apprOpriate
within a coordinated.development.
B. 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 Public Facilities Plan, the Thoroughfare Plan and .the Capital
Improvement Program, and the impact of this deX/elopmentiS discussed herein:- The
proffered conditions 'adequately mitigate the impact-on capital faCilitiesi thereby
insuring adequate 'serVe'levels are maintained andlprotecting the health, safety and
welfare of County citizens.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY oWNER MAY PROFFER
OTHER CONDITIONS. THE CONDITIONS NOTED WITH' "STAFF/CPC, WERE AGREED
UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF"
ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS .WITH' ~ONLY.A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION0
PROFFERED CONDITIONS
The Owners and the Developer (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, for.
themselves and thek successors::Or assigns, proffer that the development 'of the propertY known, as'
Chesterfield County Tax Identificati0n Number 714-6630471' (the ProPerty-) under consideration
will be developed according t° thefoll0wing conditions if, and onlyif,, the rezOning request for R42'
with a conditional use planned development ("CUPD") is granted. In,the event the request is denied'
or ~approx~ed' with COnditions nO~ :agreed:to bY the Developer,_ the Proffers 'and conditiOns shall
immediately be nUll and void and 0fno further force or effect. If the z°ningis granted, these proffers
and conditions will supersede all:pr0ffers and conditions now. existing on the:Property. ' ~ '
The' application contains one eXhibit deScribed as'follows:
Exhibit A'~ Plan titled 'Preliminary-Zoning Map," :prepared bY,Jordan. COnsulting Engineers, P~C.
~ ~ june 20; 2001, last.reviSed SePtember 10, 2002,.ithe."~plan")_:is~ madea Part 6f this
application as Exhibit A, which shall: be.' considered asa general-illustration of the' proposed
development and does not reflectla blueprint for fUture actiOn for the property, eXcept as explicitlY
outlined inlthe Textual Statement and the:proffered conditionS; The Tracts shOwn onthe EXhibit:
may be further divided into Sub'Tracts (a designated portion ofthe Tract)at the time-0f site plan-or
tentative subdivision review, subject t0the provisions outlined in :the Textual Statement and
proffered conditions.
Utilities.
a. A conceptual overall water andwastewatersystems plan for-
this property, accompanied .bY a utilities .infrastructure
phasing plan (the'"Utility Plans ',?.), Shall-be submittedto)the
Department of. Utilities at least-~ (30)days pri°r tolthe
(STAFF/CPC) 1.
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sUbmission of the first tentative subdivisiOn, site; or
construction plan for the Property. ShoUld the Department of.
Utilities find that later variations in line sizing and/or location-
of the lines aredeemed"significant" changes then the Utility-
Plans shall be'revised, and submitted for re-approval priOr to
approval of any-additional tentative subdivision, site, or
Construction plans for the Property.
b. Public water and Wastewater systems shall be used.
c. The Developer 'shall dedicate to the County a water-line
easement along the' east side of the Otterdale Road Extension
(the North/South Arterial) right-of-way to facilitate future
construction of a planned Water transmission interconnection.
The width of this-easement .shall be' 'determined by 'the
Utilities Department prior to, or'at the time of submittal of,
thefirst construction plan for Otterdale Road Extension or the
first tentative subdi~vision that incorporates any portion of the
Otterdale Road EXtension for County review.
d. The Developer shall incorporate into the on-site water
diStribUtion system for the develOpment a water line along the
east/west collector rOad..' The 'Developer shall.construct this
line. to the easternmost and .westernmost boundaries of.this
development:. Subject'to applicable County policies, this
water line shall be Over. sized if requested 'by the Utilities
Department.
e. Prior to the issuance of' the first building-permit for: each
tentative subdivision plat ( Plat ) or Prior to a building permit'
for each site plan (~'Plan,). approved for the Property, the
Developer shall make paymentS to Chesterfield County inthe
amount of $200.00 per acre (not to exceed an aggregate
payment.of $239,400 based upon the total acreage in the
Property) for that partiCUlar Plat'.or Plan' as a contribution.
towards the expansion of the. Dry Creek Wastewater Pump
Station. (U)
Timbering. With the exception of timbering which has been
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 pennit has been
obtained from the EnvirOnmental Engineering Department-and the
approved' devices have been inStalled. (EE)
Density. The maximum numberof dwelling units permitted on the
Property shall be 2392, except that for each acre of commercial
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and/or 0ffice uses developed on the Property'the'tOtal number .of
dwelling units shall be-reduced at a-"rate of twO '(2) dWelling
units/acre:- Commercial"or office development shall not'include
Cluster ReSidential, Cluster Condo, Townhouse, or Multi,Family
residential units, or the Recreational Areas (all.. as-defined:(in the
Textual Statement).
Age RestrictiOn.
a. Except as otherwise prohibited by the .Virginia Fair Housing
Law, .the Federal. Housing Law, and such other applicable
federal, state, or local legal requirements,d.,,w?lling units'may--
be restricted t° "housing for°lder Pets°ns' as defined in the ~
Virginia Fair Housing Law and. shall have nopersons under '
19 years of age domiciled therein ( Age-Restricted Dwelhng
Units "). -
b. LOtS~-Tracts, or Sub-TraCts for Age-ReStriCted Dwelling Units
shall be grouped .together .on~.a. particular portion-0fthe
Property and shall not be. scattered among.other residential' i
dwelling units. At the.time 'of'reCOrdation of a SubdiVisi°n
platithe lots shall'be noted asagerestricted~ Any site'Planf°r.'
Age,Restricted Dwellings un]ts: shall also note the restriction. :::
, (B.&M & P)
Cash Proffer~
a. FOr each dwelling unit de~eloped~-eXCept Age'.ReStricted
Dwelling Units, the applicani,' SUbdivider, Or'assignee(S) Shall:
pay $7,800.00 per unit to the COunty of Chesterfield, prior to '-
the:'time of i.ssuance of a:bUildingpermit; for infrastructure .~
improvements'within the service district fOr the: ProPe!~ if-
'Pa~'Prior to JulY 1, 2002:' ~ei~ea~er, suchpayment ;hail:be
the 'amount approved by the B0ard:. of .Supervisors .nOt~ to-
-exceed $.7,800.00 per unit as adj~ted upWard by any increase
in the. Marshall and-Swift Building Cost Index.betv~eeh.July
1, 2001 and July. 1 Of the' fiscaliYearin-whichthePayment, is'.
made if paid after June 30, 2002~' If any of the'caskproffers
are not expended for the purposes designated by the capital-
Improvement'prOgram within fifteen(15)'Years ~omt~e date.,
of payment, they. Shall bexe .tumid in full to the'payor.-_Should
Cl~esterfield County imPOse :~Pact 'fees' at anY'time-during
the life of the development that areapplicable to the Pr0perty,
the-amount paid in cashproffersShalt'be in lieu of orcredited
toward, but not in additionm; any impactfees in amanner as
determined by the County: .
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b. For each Age-Restricted Dwelling Unit developed, the
applicant, subdivi&r, or aSsignee(s) shall pay $4,235~00per
unit to the County. of Chesterfield, prior to the time of
issUance of a building permit, for infraStructure imprOvements
within the service district for the PrOperty if paid prior to July
1, 2002. The $4,235.00"for any units developed shall'be
allocated pro-rata among' the facility costs as calculated
annually by the County ·Budget Department aS follows: $805
for Parks, $280 for library facilities~ $312 for fire stations, and
$2,838 for roads. Thereafter, such payment shall be the
amount approved by the BOard of Supervisors not to eXCeed
$4,235.00 per unit aS' adjusted upward.by any increaSe in'the
Marshall and Swift Building Cost.Index between July'l, 2001 ,(
and- July 1 of the fiscal year in. which the .payment is made if
ePaid after June 30; 2002. If any of the cash proffers are.nOt
xpended for the. purpOses designated by the CaPi~'
Improvement Program within fifteen (15) years from the date
of Payment, they shall be returned in full to'the payor. Should
CheSterfield County impose, impact fees at any time ~dUring
the life of the development that are applicable.to the Property,
theamount paid in cash proffers shall be'in lieu of or credited
it0ward, but not in addition to, any impact fees ina manner as
determined by the County. (B&M) '
Dedication. The. following rights-of, way On the Property shall be'
dedicated,, free and.unrestricted, to 'Chesterfield County..
a. These dedications'shall be in conjunction.with recordation of
· the. initial'subdivision .Plat or' prior to any .final site plan
approval for the development, Whichever occurs first. The.:
exaCt·location of these rights,of-way shall be approved·by the
TransportatiOn Department. -
(i)
A ninety'(90) foot wide right-of-way for .Otterdale
Road Extension from its existing'termination'to the
southern 'Property line.
(ii)
A ninety: (90) foot wide right-of-way for the
East/West'Connection from the eastern Property line
to the western Property line.
Forty-five (45)feet of tight'of-way on the north side of Beach
Road meaSured frOm the centerline of that part of Beach Road
immediately adjacent to the Property. frontage shall be
dedicated in conjUnction with recordation of the initial
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subdivision plat or prior to'any final site plan approvalfor the
development of Property adjacent to Beach Road or within
sixty (60) days after a request by the .TranSPortation
Department, whichever occurs first.- (T)
Access Plan.
ao
bo
Prior .to any site plan or tentative subdivision 'approval,'
whichever occurs first, a conceptual access plan for Otterdale
Road' Extension and for the-East/West ConneCtion. shall be
submitted to and approved by the TranSportation Department.
Access for this development shall conform to the approved
access plan or as otherwise approved by the Transportation'
Department.
There shall be no access or road connection'from the Property
to Dry Creek Road.
Access from. the Property to BeaCh ROad shall be limited to
Otterdale Road Extension. (T) '
Transp°rtation. To provide an adequate r°adway system at the' time--
of complete developme.,nt, the DevelOper shall be responsible for the
foll°~ng imProvements: Aiternate road improvements} as requested'
by the Developer and approved bythe Transportation.Department,:
whichwillprovide acceptable levels Of,service as determinedby the
Transportation Department, may be substituted_ for' the .road
improvements identified in thiS.c6ndition. If .any or-'the
.improvements are provided by Others; or if'they are. determined
unnecessary.by the TransportatiOn .Department ,as demonstrated by
updated traffic studies acceptable to the Transportation Department,
then the specific required improvement shall nO longer be required'by
the-Developer..The road improvements-shall be phased in accordance.'
with the phasing plan'outlined herein.
ao
Construction of Otterdale Road and Otterdale Road Extension
to VDOT urban, minor arterial" standards (50 MPH) with
mOdificatiOns by the Transportation Department .as:
(i)
(ii)
A four-lane, divided road. section from Route 36Oto
the Hampton Park Drive intersection. _
A four-lane, undivided road. section from Hampton
Park Drive through the'. East/West Connection
intersection to a two-lane road 1~000 feet south of the
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intersection (apprOximately 400' of full width lane
with a-600' taper).
(iii)
A tWo-lane, undivided road section fi:om
approximately 1,000 feet south of the East/West
Connection intersection to ·Beach Road.
Construction of the East/West Connection to'VDOT urban
minor arterial standards (50 MPH) with modifications by the
TransportatiOn Department. as a tWo-lane, undivided road
section fi:om the easteTM Property line to the western Property
Construction of left and right mm lanes along Otterdale Road'
ExtensiOn and the East/West Connection at' each approved-
acceSS, including .at the Otterdale Road Extension and the
East/West ConnectiOn intersection, if warranted, based on
Transportation Department standards.
Construction of the Otterdale Road Extension intersection
-with Beach Road'-as a three4ane section consisting of a
northbound lane and tWo sOuthbOund lanes. The exact length
of this'imProvement shall be. approved, by the TransportatiOn
DePartment.
Construction of a right turn lane' anda left mm along Beach
Road at the Otterdale Road .Extension..intersection. .-
ConstructiOn 0:f dual left mm lanes from Westbound Route
360 to's0uthbound Otterdale ROad.
.Construction'of a third left mm lane fi:om westbound Route'
360 to southbound Otterdale Road.with an. additional lane of
pavement (receiving lane) from Route-360 .to Hampton Park
Drive.
Construction of dual right mm laneS along northbound
Otterdale Road at its intersection with Route 360. The exact
length of this improvement shall, be approved by .the-
TransPortation DePartment;
Full cost .of traffic signal installation for the following
intersections, if warranted, based'on Transportation
Department standards:
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'(i)
Route' 360 and Otterdale Road:
(ii) Otterdale Road .Extension and the East/West
Connection.
(iii)
Otterdale Road and Hampton Park DriVe.
(iv) Ronte 360 .and Hampton Park Drive.
Construction of left and right turn lanes along Otterdale Road
at the'Hampton Park Drive intersection, if warranted, based
on Transportation DepartmentStandards2
Construction of dual'left' turn lanes from' westbound' Route
360 to' southbound Hampton Park Drive with an additional
lane'.of pavement (receiving lane) On HamPton PatiO'.Drive to
Ashbrook Parkway.
Construction of dual right, mm 'lane~ along northbound'
Hampton Park Drive at its intersectiOnwith-Route 360. The-
.exact length of this improvement-shall be apProVed'by the
.Transportation Department..
WITHDRAWI~
Dedication to Chesterfield County, free and unrestricted, of
any additional right-of-way . (or easements) required ,for: the
improvements identified.and phased as outlined herein. !n the
event the Developer is. unable to .acquire.the rightrof-way
necessary for the road improvements as described,, the
Developer may request, in writing; th, CoUnty t°acquire such
right-of-way as a public: road improvement. All costs
associmed with .the acquisition, of:the right-of-way shall-be'
borne by the Developer. In th, event the County chooSes not-'
to assist the Developer in acquisition ofthe"'off-site" right;of-.
way~. the' Developer Shall'.be relieved· of.the obligation to.
acquire the ,off-site" right, Of-way, and. Only'provide th,road'
improvement that can be. accommodated' within .available
right-Of-way as determined 'by the Transportation Department.
The phasing of these improvements shall be as'outlined herein
unless otherwise requested by the. Developer and apprO~red by:
:he .Transportation Department.
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(ii)
Prior t°recordation of a cumulative total'of more than
400 single .~ famil7 :detached· residential units (or
equivalent. densities as approved by the Transportation
Department),'. the l DevelOper shall construct the-~
improvements specified in proffers 8.a.(i), 8.f. as dual
turn lanes 'and .8:h~' as a. single right'mm lane from
northbound Otterdale Road to Route 360, unless: it is:.
'demonstrated by an updated traffic study' (acCeptable
to the' Transp°fiati°n' Department), ·that any ot~ these
improvements'.are,not yet needed (as determined: by
the TransPortationDepamnent) then a revised phasing
plan indicating'the changes tOthe road improvements
shall be submitted to and approved by .the ..
TransportatiOn.Department. ' 'i..~
Priorto recordation of a cumulative total ofmorethan :
500'single family'detached residential units. (or_
equivalent.densities as approved·by the Transportation
DePartment), the Developer shall· consmict ':.~e'~
Ottetdale ·Road. Extension inS.a.(ii) and (iii) from. its -
existingterminus to BeaCh ROad;· 8,d., and 8.e., unless
'it' .is. idemonstrated :by ~ updated traffic .'-study
.(iii)
(acCeptable to .the' Transportation Department) that-
any of.these improvements are. not yet needed :(as
determined bYtheTransportatiOn Department) (except
for the completion of otterdale Road Extension from
its then existingterminus.to Beach road as a two,lane
road) then' a. revised phasing Plan indicating', the.
changes t° the road improvements Shall-be submitted
to and approved by the Tr~portation Department.
Prior·to recordation o£acumulative tOtal ofmorethan ·
1200 single family detached residential units (or
equivalent densities, as aPproved bythe TranspOrtation
Department), the Developer shall construct 8;g.,8}h:'}'
8.k. and 8.1: unless.:it :ig ~demonstrated by an updatedl
traffic study' (accephable 'to .'the.' Transp~rtafi0n
Department) that these improvements, are nOt'yet.
needed (as determined by the TransportatiOn:
Department) then a revised phasing plan indicating
the changes-to the road improvements shall
submitted: to and. apProved by. the Transportation
DePartment.._
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(iv) Prior to recordation of any subdivision plat. or final
approval of any site plan a phasing plan of the
remaining-road improvements shall be submitted to.
and approVed by:the Transportation. Department.
Such phasing plan shall include the above' referenced
phases. (T)
-Manufactured Homes. Manufactured Homes Shallnot be permitted
on the Property. (P)
(STAFF/CPC)
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10.
12.
13.
14.
Buffers Along Roads. The buffers required' by.SeCtion: 17~70 of the
SubdiviSion Ordinance along roads .shall .be 'lOcated within recorded
open space. .(P)
Transportation Densities. For traffic planning 'purposes, the~
maximUm density of the Property shall .be' 70,000 square-feet of'.
shopping center, 30,000 square'feet'.of general office, 1,220 Single
family detached residential units, 650 ..retirement Community units,
and 400 condominiUms or townhouses or equivalent densities, as
approved-by the. Transportation Department. (T)
Cox'enant, PriOr to recordation of any'subdiVision plat Or'.final
approval of.any site plan, the Developer:shall'record the folloWing
c~venant-f~r the Property: "Certain~roads within the Property.are-.
.intended to connefit to ~m existing or a'fUmre road: Notice is. herebY::
given to ali'-persons interested in .purchasing or liVing' within the':.~
deVelopment that such road connections are planned. Eachr°adthat:
is inter~ded'to extend or Connect to 0ther'r°ads is shownon theoVerall.
road plan'attached to these covenantS: Any-Such road i,s, also:posted-
with a-sign (located at its temporary terminus) stating
extension.'"' (T)
Pedestrian Tunnel. In conjunction with: the :construction:. of :the.
improvements noted in Proffer 8.a.(ii), the Developer shall-construct
a ~edeStrian.tunnel, acceptable't° the'.TransPortation Department,~
under Otterdale Road near its current terminus which Will link the
existing.Walking' trials within Hampton Park. (T).
Landscaping. In conjunction with: the construction-of.the
improvements noted in Proffer 8.a:(ii),.if.approved by the owners of.
the 0penSpaCe the DevelOper shall install'a doUble roTM of evergreen
trees (at least five feet tall at the time 0f p!anting) within the'existing
recOrdedOpen space' .that'parallels Otterdale Road and' iS.located
within;Har~tpton Park. These evergreensshall be installed inthe oPen
space where adjacent to the residential.lots along otterdale Road that
are south of the intersection of Otterdale Road-and Hampton.Park
Drix~e and north of the stormwater 'management facilities. A
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15.
(STAFF/CPC) 16.
landscape plan shoWing these improvements shall be submitted to the
Piing' Department for approval at the.time of submittal- of r°ad"
c0nStmction Plans~ for that section of' Otterdale Road Set "forth'in
8.a.(ii). the evergreens shall be installed between' 5 feet and 12 feet on
center, baSed on the species selected-bY the Developer: for sUCh:
installation. (P)
HOuse Size. For lots adjacent to Hampton Park and west of otterdal6-'.
· Road Extended, the houses shall.'have a.minimum gross' floor area of
2400 Square feet. (P) . '
Open. space. An. area of open space Shall" be 'established between
Hampton Park and the Property (west of Otterdale ROad)such that
lots onthe Property adjacent to Hampton Park shall nOt.include'any
areas' designated as Resource ProtectiOn Areas: ("RPA") on'county
maps, and; pro vi ded, furth er the openspac6 area'between the. property.
line for the' Property and such lots. abutting the RPA shall not be.less
than 85 feet: (P) '
GENERAL INFORMATION : .
Location: . .' ..
Fronting in three (3) places On the north line bf Beach Road, lying across, from Coalboro
Road, andat the southern terminus of Otterdal~Roa& Tax.ID 7'14'663-0471 (Sheets 15 and'-
23).
Existing Zoning'..
A
Size:
1 t96.2 acres
Existing Land Use:
Vacant
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Adiacent ZOning and Land Use:
North - R,9, R-9 and R-TH with Conditional Use Planned Development, R-12 and A;
Single family residential, community recreation or vacant
South' -A;-Single family residential or vacant
East , A.and R-25; single: family residential or vacant
West..:'A; Single family residential or vacant
UTILITIES
Public Water System:
There is an existing sixteen (16) inch water line eXtending along the west side of Otterdale
Road that terminates' adjacent'to Hampton Glen Lane, approximately 860 feet north of this
site. In addition, there is an existing eight (8) inch Water line 'extending along the eastern side-
of Shady Banks Drive in Ashbrook Subdivision, approXimately 100 feet north of this site.
The' Upper Swift Creek Plan recommends the use of the public water system for 'all
development and its use has been.Proffered..(Proffered Condition 1.b.)
The applicant has proffered to provide, an "Overall Water and Wastewater Systems Plan" and
a ,Utilities InfrastructUre: Phasing Plan" (Proffered Condition 1.a.). The on-site--water
distribUtion system for this development'.will.inclUde a' water line along the north/south
collector road (future Otterdale ~Road Extended) towards Beach Road. staff initially
requested that the applicant agreeto oversize this line sO that it could be incorporated as part
of a planned furore transmissiOn, intercormection between.water lines in W. interp°ck Road
and in Route 360 west of HamPton Park. This transmission interconnection is reflected in.
· the County's Water and Wastewater Facilities Plan. However, upOn further evaluation it was
-determined that .the high pressures at which this-transmission interconneCtion would'be
opemtedwould likely cause unusually high pressures within the adjacent development. To
avoid that possibility, the utiiitiesDepartment' intendS: to construct that. furore transmission
interconnection through.~the .development with no ties to the on-site water distribution
system, Instead of oversizing .the water line along the north/sOuth collector road, the
applicant'has agreed to dedicate_to the County a'waterline easement along the east side-of the
north/south collector right of way to facilitate furore construction of the planned transmission
interconnection. The width ofthis easement is to be determined by the Utilities Department
when the first construction plan:for the north/south collector or the first tentative subdivision
that incorporates any portion, of the'north/south collector-is submitted to the County
(Proffered Condition 1.c.). In addition, the applicant has proffered to construct an east/west
water line to the'boundaries of'the'property to allow for future development to the west.
(Proffered Condition 1.d.)
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Public Wastewater System:
There is an existing eighteen (18) inch wastewater mink line extending alongFuquaBranch '
in the adjacent Ashbrook Subdivision~ terminating approXimately I00 feet northeaSt of this
site. In addition, there is an. existing eighteen.( 18 ) inch wastewater mink line extending along -
~Dry Creek in. the adjacent Hampton Park Subdivision, and' adjacent, to. a portion .of the
northern boundary of this site.
The Upper Swirl Creek' Plan recommends the use of the public wastewater sYstem for all:
'development, and its use has been.proffered. (Proffered.'COndition 1-,bi) ~ ..' ..
The applicant has proffered to Provide an"Overall Water:and Wastewater.Systems.. Plan".'and
a '~Utilities Infrastructure Phasing Plar~." (Proffered Condition 1.a:).: In addition,' the'applicant
has proffered to pay the County $200.00 per acre (based :on totalacreage 0ftherequest site',
not to exceed $239,400.00) as a contribution towards expansion, of. the Dryi'.Creek.
WaStewater Pump Station. Payments will be made over time as the property develops, with
payment for each section or site to.be made prior to issUance of the first.building permit for'
that .section or site. (Proffered Condition. 1.e.)
~ENVIRONMENTAL
Drainage and Erosion:
The property drains via tribUtarieS into Swif~ Creek Reservoir.- 'The property, is heavily
wooded and; as such, should not be timbered .withoUt:. first obtaining a land disturban, ce':_
permit. This will ensure that adequate erosion control measures are in place prior to any.land
disturbance activity. (Proffered Condition 2) .... ': ' '
Quality:
A perennial stream is located along the eastern property'line;'therefore, the areaadjacent to'
the stream is subject to the requirements of the Resource Protection'Area. (RPA): - '
participation in the Upper Swift Creek. Regional Stormwater Master Plan is requi~ed with
payment of a pro-rata.constmcti0n fee and a fee per residential:~t 'fOr BMP 'maintenance,
There are three watershed-wide BMPs located on', or partially on, the.property. There are
also Several Riparian :Corridor Management-Non ResOurce prOtection.Areas (RCM,NRPA)
that will limit any disturbance within the 100-year floodplain.'
To address concerns relative to the aesthetics of any open basins required for water' .quantity
.or quality c°ntrol that are not County-owned facilities, the applicant has agreed that any such...
facility will be landscaped or otherwise improved so that they become Visual enhancements'
to uses developed on the property,. (Textual Statement I,Di) ' ~ ~ . '
Water
13
02SN0209JUNEi 8.Bos
PUBLIC FACILITIES
The need for fire,, school, library, park'and transportation facilities' is identified in the public
Facilities Plan, the' Thoroughfare P1an 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 20152. Eight (8) neTM fire/rescue stations are recommended for
construction by 2015 inthe Plan..Based on 2,392 dwelling units, this request will generate
approximately 366 calls 'for fire' and rescue services each year..The applicant has addressed":'
the impact on fire service. (Proffered-Condition. 5) ~
The Clover Hill Fire Station, Company Number 7, currently provides fire prOtection :and '.
emergency medical service. Fire Station Number 19, currently Under cOnstruction On Beach.
Road, will .eVentua!ly.provide primary fire and emergency medical service to this property..
When the. property is developed, the number ofhydrants, quantity of water needed forifire
protection and access requirementS will be .evaluated during' the plans, review process.
Schools:
ApproXimately 1,268 students coUld .be generated by this develOpment.. Currently this' Site
lies' in the GrangeHall Elementary School. attendance zone: .capacity - 650, enrollment, 528;
Bailey Bridge Middle 'School zone: capacity- 1,200, enrollment - 1,588; and Manchester-
High SChool Zone: capacity ~ 2i000, enrollment - 2;'327. . ' :-.'
There are currently siXteen (! 6) trailers at Bailey Bridge Middle; and seventeen (17) trailers '.
at Manchester High. The students generatedbY this' development WoUld create significant
erirollmentincreases atthe eiement~rY, middle'and high Sch~bltevels. A final dete~ation '
of the school attendance.z°ne Wi}l be madewhen the bUilding permits are iSsued. This
development will have::an impact on area schools. The applicant' has fully addressed the
impact on school facilities. (Proffered Condition 5)
In the past, staff evaluated a. Site-that was offered by the' developer as a potential school
location and determined that it was not acceptable. There are other locations °n the site that '
have greater potential for develOpment aS a school location~ This was communicated to the.- ..
applicant along with an indicatiOn that we were open to further discussions if they chose to;
Two. (2) new high schools, proposed to be built by 2008, woUld replace Clover Hill High
School and relieve Manchester High School. -
Bailey Bridge Middle school is currently under renovation.
14 02SN0209-JUNEI'8-BOS
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 throughoutthe County. Taking '
into account the :additional space provided by the new La Prade and Chester Libraries, there.'
is still a projected need for approximately 55,000 additional' square feet of library spac~
County-wide by 2015.
The development .will most likely affect the existing Clover Hill Library ora proPosed new
facility on Beach Road. The Public Facilities Plan. identifies a need:fOr additiOnal. library
space.in this area of the County. ' The applicant has addressed the impactofthis'propOsed '~
development on library facilities. (Proffered Condition 5) '~
Parks and Recreation:·
The Public Facilities Plan identifies the need for four.(4) new regi°nal~Parks: 'In addition,
there is currently a shortage.of community park acreage in the County~ The Plal~_~ identifies a
need for 625' acres of regional Park space and 116 ·aCres·: ofc°mmunity pa~k space by2015.
The Plan also identifies the need for. neighborhood parks and special purpose parksand
makes suggestions for their locations. The applicant ~ has offered'measures to assiSt in
addressing the impact of this proposed develop~nent on these/)arks and recreational facilities: ":
(Proffered Condition 5)
Transportation:
This request consists of approximately 1,196 acres, currently Zoned Agricultural' (A)i 'The
applic~t is' requesting r~zoning !to Residential (R, 12)' with .Conditional USe Planned
Development, which would alloWa mixed-use development that-~includes various residential
hoUsing types, plus recreational, retail and office.uses. The applicant has submitteda map
(Exhibit A) that subdivides the property into twelve (12) tracts: Tracts A through L... Based
on the TeXtual Statement; Tract L. could be developed' for commercial and office' uses,·'
limited to a maximum of ! 00,000 square feet'(Textual Statement III.: A.'): :'The applicant has'~
proffered that a maximum of 2,392 dwellings will be developed on the property (Proffered
Condition 3). For each acre of cOmmercial and/or officeUSes devel°Ped~.the Proffer requires
the maximum number o f residential units to be reduced·at a rate o f two (2) dwelling :~uni~ 'ts per-
acre. As. some comparison of the proposed residential'density, Smoketree'Subdivisionhas
approximately 610 .dwelling unitS; Walton Park Subdivision has apProximatelY 820 dwelling
units; Deer "Run Subdivision has approximately 1,010'dWelling .units; and Salisbury
Subdivision has approximately 1,250 dwelling units. .:
In accordance with the Development Standards Manual in the:Zoning Ordinance, a traffic
analysis is necessary to assist, in evaluating the impact of a development of this.magnitude.
The applicant submitted a'traffic Study, which satisfies the'Transp°rtation Department
15 02SN0209-JUNE 18:BOS
requirements for an analysis of the site's traffic.at build-out. The. apPlicant has proffered a
maximum density, consistent- -with the density analyzed!in the traffic study. (Proffered
C0ndition'l 1). The applicant, proposes to. 'develop the.property for 1,220 single, family ~
detached, homes, 400 condominium/townhouse units, 650 retirement community units,~
30;000 square.feet of general office, and 70,000. square feet~of Shopping center, which coUld.
generate approximately 20i210 'average. daily.trips.
The.Thoroughfare Planidentifies Beach Road as' a-major arterial with a recommended right':
of way Width of ninety (90)feet. 'The applicant has profferedto'dedicate forty-five (45) feet.
o£right.ofway, measured from the centerline of Beach ROad (prOffered Condition 6~b.). The...
conditiOn requires this right of way to be dedicated when development occurs adjacent to
-Beach! Road or within...sixty (60)-:'days after a redUeSt bythe Transportation Department, i'
Whichever occurs first.
The 'ThOroughfare Plan also identifies.a north/sOuth arterial("Ot~erdale Road Extended,)and:'~..
an east/west arterial ("the East/West Arterial'..') extending through, the. property,: With ...
recommended right' of way widths.of ninety (90) feet..Otterdale Road Extended is a .
cOntinuatiOn of the road that was :Constructed south from'HUll street ROad (Route 360) to-the
northern. boundary of the subject Property With'-the partial development of the adjacent
sUbdivision to the north; Hampt0nPark."Otterdale ROad Extended .is planned, to extend.
-:thr0ugh.the subject property to'Beach Road, near:the CoalbOroRoad interseCtion.
A property lOcated on the soU~ Side 0fBeach Road has approvalto operate a qUarry; As.Part
ofthesite plan approval, for.that~ Operation, an "access drive" must be cOnstructed.from Beach :.
Road north to Otterdale Road;generally along the-alignment of otterdale Road'Extended.':
There are .no contractual commitments to build .the "access ~ddve": If the quarry never.:
reopens, the "access drive'? will not be built'as part-of the quarry' s operation.
-'The East/West Arterial is planned to .parallel.Beach Road,-and extend from WinterPock
Road, west' through the property, across BaldWin Creek Road to Beaver Bridge. Road, The
East/West Arterial as currentlY shown ~on. the Thoroughfare:Plan. is an extenSion-of West-:..-.- '
Hensley Road frOm winterpockRoad. DUe to area development,,the alignment ' shoUld be . ~
shifted.to the north as shown onthe attached map title "Thoroughfare Plan" and.as generally
shown on Exhibit A. · -
The applicant has proffered to dedicate a ninety:(90) foot wide right 'of way for Otterdale'
ROad EXtended from its cUrrent.terminus to the .southernproPerty, and for the East/West
Arterial. from the eastern property line tO the western propertyline. (proffered Condition 6 a.)
The.ThoroUghfare Plan identifies a north/south arterial ("Ashlake parkWay Extended') from
Route 360 adjacent to the AShb!;ook Subdivision, crossing the'East/West Arterial, then
extending through the eastern part of the subject property, ali~g with Dry Creek Road,.and
continuing south of Beach Road. Dueto the development that has Occurred along DM Creek
Road.and south of BeaCh:R°ad, Staff supports eliminating the:section of Ashlake ParkwaY..
16 02SN0209-JUNE 18-BOS
EXtended south of the East/West Arterial. 'The applicant has proffered that there will be no
rogd connection'from the property to Dry Creek Road. (PrOffered Condition 7.b.)
AcceSs to major arterials, such as Beach Road, otterdale Road Extended and the East/West
Arterial;: should be controlled. The applicant has proffered-to :Submit, an access plan for-
\ approval that identifies access from the property to Otterdale Road Extended and the-:
'East/West Arterial (Proffered Condition 7-a.). The applicant has also proffered to limit' direct.
access,from the property to Beach ROad to Otterdale ROad Extended. (Proffered cOndition.
7.c~) "
The Subdivision Ordinance requires that subdivision streets-must conform to, the Planning
Commission's Stub Road Policy, which suggests that traffic volUmes onthoSe streets.shOUld
not exceed an acceptable level of 1,500 vehicles per day. In accordance with the Stub Road
Policy, there will be many sections of the internal subdivision Street network-that must be
designed~ at a minimUm, as "no-lot frontage" residential collectors:. ' . . . ~
In' conjunction with development' of the adjacent 'subdivision. to the'nOrth (AshbrOok), a
residential collector street (Shady Banks Drive) was. constructed through part .of. that
development. The right of way for Shady' Banks Drive was Stubbed .to the subject property.
Based on' Exhibit A, an, access is proposed from this. development to 'Shady. Banks Drive.
PrOviding a direct connection between the~East/West Arterial and Shady Banks DriVe could
result in a significantly high volUme'of traffic on that subdivision' street. Shady Banks Drive.
was not deSigned to facilitate this potential ' traffic. ' If this. ,Connection is made, the street
network in this.part of the subject property sho~ldbe deSigned to minimize the potential.for
cut-through traffic. ' '"' '
The~ai~plicant's traffic study analYZes the impact 'of traffic generated 'by'this. development
being distributed north and south along Otterdale Road.Extended.· The proposed Otterdale
Road Extended/Beach Road intersection, Otterdale Road EXtended/Route 360, and Hampton '. ' ' -
Park Drive/Route 360 were intersections that were specifically studied.' Most (approXimately
95 percent) of the traffc was assUmed to be distributed north:to Route :360..Part'.'of the
applicant's initial traffic study alSo considered the impact-" of this :development if the'
East/West Arterial was extended to Winterpock Road'.
Area roads need to be improved to address' safety and accommodate the increase in traffic
generated by this development. ROute 360, Otterdale'Road and Beach Road will be directly
impacted by development of this property. At such time as the East/West Arterial is extended
to.the east; WinterpoCk Road will also be impacted by this development. '
The 2001 traffic volumes along the section of Route 360 from Otterdale Road to RoUte 288
range from 15,000 to 61,000 vehicles per day. The volUmeof traffic frOm Woodlake
Parkway to Route 288 exceeds the capacity of the road, and drivers 'experience extreme
congestion; especiallyduring peak periods: The Virginia Department of Transportation Six-;
Year Improvement Program did include aproject to widen Route 360 to six (6) and eight (8)
lanes from Swift Creek to Winterpock Road. Part of the'project, improvements to the. Swift
17
02SN0209-JUNEI8~BOS
Creek Bridge was recently completed. However, due to State budgetary shortfalls, no
construction funds have-been allocated to complete the :balance of this project.
Otterdale Road, north of Rome 360, had a'2002 traffic count of 1,885 vehicles Per day.
SeCtions 'of this road have twenty(20) to .twenty-one .(21) feet wide pavement with no
Shoulders, with substandard vertical and horizontal.alignments and large trees located close
to the edge of pavement. Based on the currem volume oftraffe during peak hours, Otterdale
Road is at capacity (Level of Service E). Winterpock Road had a 2000 traffic count of7,139
vehicles per day. Sections of. this road have twenty-one (21) to twenty-two (22) feet wide
· pavement with no. Shoulders. Based on the cUrrent volume of traffic during peak hours,
winterpock Road is at'capaCity (Level of Service E). Beach Road had a 2000 traffic count of
1,217 vehicles per day. Sections of this road have twenty (20) to twenty-one (21) feet wide
pavement with no shoulders. The capacity of this.road (Level of Service C) is acceptable.for
the volume of traffic it currently :carries. The standard typical~ section .for Otterdale Road~
WinterPoCk. Road and BeaCh Road should-.be twenty-four '(24) feet wide, with minimum
shoulder widths of eight (8) feet.
The traffic impact of this developmem must be addressed2 The applicant has proffered to: 1)
construct. Otterdale Road/Otterdate Road'Extended as a four (4) lane road from Route 360 to
a tWo: (2) lane-road apprOximately 1;000 feet south of the East/West Arterial; 2) construct.
Otterdale Road Extended as a two'(2), lane road frOm approximately 1 ~000 feet south ofthe
East/West Arterial to Beach.Road; 3) construct the East/West Arterial as a two (2) lane road
through' the' Property; 4) construct left and right mm lanes .along Otterdale Road Extended
and the East/West Arterial at each apprOved access, if warranted, based on Transportation
DePartmem standards; 5)construct the Otterdale Road Extended intersection with Beach
Road as a three (3) lane section; 6) conStruct right and left turn lanesal°ng Beach Road atthe
Otterdale'Road Extended intersection; 7) construct dual left turn lanes frOm westbound Route.
360 to southboUnd Otterdale Road; 8) construct athird left mm lane from westbound Route.
360 to southboUnd Otterdale. Road with an additional :soUthboUnd'through lane (receiving..
lane) along Otterdale Road from Rome 360 to Hampton Park Drive; 9) construct dual.right
turn lanes along northbound Otterdale Road at its intersectiOn with Rome 360; 10) full-:cOst
of traffic signal inStallation at the Route .360/Otterdale Road, Otterdale-Road
Extended/East/West Arterial, and Otterdale Road/Hampton Park' Drive intersections, and
Route 360/Hampton Park Drive, if warranted; and 11) construct left and.fight mm lanes
along Otterdale Road'at the Hampton park Drive. intersection, if warranted, based ':on
Transportation Department standards;' 12) construct dual left turn 'lanes along westbOUnd.
ROute 360 to southboUnd HamptOn Park Drive with an additional' receiving .lane on Hampton
Park Drive from Route 3'60 to Ashbrook Parkway; and 13) construct dual right mm lanes-'
alOng .northboUnd Hampton Park .Drive at 'its" intersection with Route 360. (Proffered:.'
Condition 8). The proffered condition would allow the Transportation Department to.approve
alternative improvements: that.would provide an acceptable level of service, or eliminate a
specific improvement if, based on a revised traffic studY; it is determined not to be necessary.
In addressing neighborhood concerns, the applicant has proffered to construct a pedestrian
tunnel under 'Otterdale Road near its current terminus '(Proffered Condition 13). The
applicant has also proffered to contribme cash, in an mount consistent with the Board of
18 02sN0209-JUNE18-Bos
SUPervisors' Policy, towards mitigating the traffic impact of the residential develOpment.
(Proffered.Condition 5). ~
The developer may need to acquire:"off-site" right of way.to provide some of the proffered
road improvem6nts. According tO.Proffer Condition 8,.if the developer is unable:t° acquire
\the right of way for any of these 'improvements, the developer may_request the CoUnty ~o
,acquire the right of way as a public road. improvement: All costs' .associated withe.the
acquisition will be borne by the developer. If the CoUnty' choOSes nOt to.assist with the right- -
of way acquisition, the developer will not be obligated t° acquire the ,off-site" right of. way,-
and will.only be obligated to construct road improvements:within available right of way;
The applicant has proffered a phasing plan for the road improvements oUtlined in Proffered
Condition 8 (Proffered. Condition 8.1). According to the prOffers!he Phasing plan'requires-.
that certain road improvements be provided at various stages:off, the develOpment. Prior to
recordation of 400 single 'fami!Y residential units (or equivalent, density.baSed.on traffic
· generatiOn), Otterdale Road will be constructed as a four (4)lane'road frOm Rome' 3.60 to
Hampton Park Drive, dual left turn lanes will be constructed from WestbOund :Rome'360 to
.southbound Otterdale Road, and a Single right turn lane will be constrUcted along northbound
Otterdale Road at its intersection with RoUte 360..Prior. to recordation 0fa cumulative'total
of 500 single family residential 'units (or equiValent .density based on traffic generation),
Otterdale Road/Otterdale Road Extended will be constructed asa four (4)lane road from
Rome 360 tothe East/West Arterial, transitioning to a two (2) 1ane road and extending to
Beach Road with mm lanes at Beach ROad. Prior to recordation of a cumUlative totat 0f'"
1 ;200 single family residential Units (or equivalent density based 0n traffic generation)} triple~'~
left turn. lanes will be constructed from westbound Rome 360 to Southbound Otterdale Road
with an additional southbound ~.through lane (receiving. lane) along Otterdale .Road from
Rome 360 to Hampton Park Drive, dual right mm:lanes ~Will~be:Constmctedal°ng
northbound Otterdale Road at its intersection with Route :'360, dUal left mm lanes: along ·
westbound Rome 360 to southbound Hampton Park Drive with a receiving lane along
Hampton Park Drive, and dual right turn lanes along Hampton. P~ark-.Drive at Route 360; At
time of tentative subdivision review and/or site plan aPproval; speCific-recOmmendations will
be-provided regarding access, stub road rights of way to adjacent PrOperties'and the prOposed
internal street network. -In addition, the phasing, plan requires ~that, prior'to any subdivision'
plat Or final approval of any site.p!an, a phasing plan for' the remaining, road .improvements
shall be 'submitted to and approved by the Transportation 'Department. The proffered
condition allows the Transportation .Department to evaluate the traffic, generatiOn of'this
development, and make adjustments to this phasing plan, if appropriate;
19
02SN0209,JUNE18~BOS
Financial Impact on Capital Facilities:
' ' : :' PER,~....
Potential Number'ofNew Dwelling'Units "' ·" ' '.. - 2,392* ' "'.. ' 1.00
· PopUlation:IncreaSe . .' . . ' ' - 6530116 1 · '2·.73.
Number of New Students ' . . . .
· ~-, '-*---' · ~ ' '- 58.3.65 ' .'0~24
· mem~n.~uy": . ':.. . .
'~ ' . ' ' - ' · 310:96` 0:13
· ' '.........e:~a~am ... :. . . .. .-. .. ... . .
· :' High· . . . '. .. 382:72 0.16
· · 1,277'33 ' 0.53
· t'uznu---'- "' ' ' ' "
Net·Cost for sChoOls ' -' i" ' '- i.'- 8,601.,632 . 3,596'
Net Cost for parks .' 1,942,304 " ' 812
NetCoStf°rLibraries ' ' ..':~:' . '. "... · 674,544 '..i .i' '282
Net' c°St fOr Fire' '~ ' 753,480 ' 315
Stations .... . . .
AverageNet Cost·for Roads- ..' ~.-: . ... - ".' 6,848,296 '-' :.: · .. 2,863
· - '"'. 18,8~0;256 ' . '.7,868
TthTM XlI~T Pl~.qT
* Based on'a proffered maximum number.of2,392 dwellingunits. (Proffered Condition 3)
As noted, ~sproPosed development Will:have an impact on capital facilities and. varies bY:tyPe:of
dwelling unit.:The applicant haSprOffered themaximum mount per.dwelling unit based on the.type
of dwelling-Unit (Proffered Condition 5).'Theimpact by'type of dwelling unit is. as follows:
Non-Age-Restricted DWelling Units
staff has calculated the figcal impact of every new dwelling unit on Schools·, roads, parks,
libraries and fire statiOns at $7~868'.Per unit.. The applicant hasbeen advised that a maximum~
proffer.- of $7,800 per unit woulddefray the cost °fthe capital facilities necessitated by this
~rop0seddevelopment for these Wes of dWelling unitS: - ' ' '
Age-Restricted Dwelling. Units . .
staff .has calculated the fiscal impact Of 'every new dWelling unit on roads;, parks, libraries
and fire stationS at $4,272-~per.unit.: The' applicant' has been advised that a maximum prOffer ..
of $4,235 per unit woulddefray the. coSt ofthecapital facilities necessitated by this proposed .-
development for these type~ of dwelling units,
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. Note that circumstances relevant to this caSe, as presented by the applicant, have been i'
20
02SN0209-JUNE18-BOS.
revieWed and it haSbeen.determined that it is appropriate to accept the maximum Cash profferin this
case.
ComprehensiVe Plan:
LAND USE
Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is~
appropriate for single family .residential use of 2..0 dwelling units per acre or less.
The Plan also suggestSthat various types of housing, to include towntiouSes; apartments and
condOminiums and clustered detached single' family' dWelling may alSo be appropriate :if-
included within a large coordinated planned development,.-FU~er, convenience. and
neighborhood commercial nodes may also be. appropriate: within such-a coordinated
development subject to adequate access and a.design that incorporates anintemal foeuswith
open spaces and pedestrian connections.
Area Development Trends: ~ ' ' '
Properties to the north are zoned Residential (R-9 and R,12)} Residential Townhouse.(R-TH) -
and Agricultural (A) and are developed as'the HamptOn Park and Ashbrook SUbdivisions, or
are currently.vacant. Properties to the east, west. and South are. zoned Agricultural (A) and
Residential (R-25) and are developed as singl~,family residenceS' on acreage Parcels created
outside the subdivision, review process or ~e cUrrentlY~'vaCant. It' is anticipated 'that"'
residential zoning and land use patterns will continue in the' area consistent .with densities--
suggested by the Plan. .. .
Site' Design: . .
The Master Plan divides the property into several.tracts of land (TextualStateme~t,t_!. A total
of 2,392' dwelling units, could be developed; hOWever,' anY acreage devoted to ;' office:and
commercial" uses will result .in a reduction in the number of total units'at a ratio of two(2)
units, per acre (reference '.'DenSity" ' section, included herein)~: It Should.be noted:that the-
administrative tracking of the permitted densities will be difficUlt and costly. Tracts Handl-
are prOposed for development of Cluster .residential, l-m~0USe; multi,familY,:clUster
condominium, single family residential-andnursing, Convalescent and rest home uses, all of:
which are discussed in further detail herein (Textual Statement:III.B.):. If any individual:tract'
or' subtract is developed for two '(2) or more dwelling-types, the' Textual Statement-requireS
submission of a conceptual plan to either the Planning-Commission or Planning DePartment'
for approval. At the time of review of a conceptual Plan, conditions may be imp°sedto
insure.land use compatibility and transition. (Textual Statement I.C..)' '
Tract L is proposed for development of Neighborhood Business (C-2)and COrporate Office
(0-2) uses, as well as single familY residential, cluster residentiali.townhouse, multi,family
and cluster condominium uses (Textual Statement III:A.). A mix of residential and"non-'
' 21 02SN0209-JUNE 18~BoS ~
residential uses is permitted. The Textual Statement requires submisSion ofa. schemafic plan
if Tract L is developed for. a-mixture of residential and non-residential uses (TextUal:
Statement III.A. 1 ) and a cOnceptual plan if Tract L is develoPed for a mixture of residential-
types (Textual Statement I.C.). It Should be noted that the ZOning Ordinance willrequire
submission. of an overall Schematic plan for:the entire prOject prior to any site or-tentative.
subdivision plan approval.
. The remaining tracts (Tracts A through G, J and K) are proposed for Single family residential
uses conforming, at a minimum, to Residential (R; 1.2)requirements. (Textual Statement
Within all tracts, cOmmunity recreational and equestrian uses and recreational vehicle storage.
lots are proposed as permitted uses (Textual. Statement II.A. through C). Within Tracts H, I
and L, park~ and ride lots are proposed as permitted..uses. (Textual Statement II.D0
Density:
A maximum of 2,392 dwelling units has been .proffered, yieldingan overall maximum '
density of 2.0 units per acre (Proffered Condition 3). Further, for every acre developed for
commercial and/or office uses, the total number of permitted dwelling units will be reduced
by two (2) units per acre.
Cluster.Residential: '(Tracts H, I and L) '
Development of cluster residential lots in Tracts H,.I and L will be regulated by the standards
'set forth in the Textual Statement (III.A.3 and III;B..1.). These residences are proposed robe
deVeloPed as detached or twO (2) attached unitS.°n individual lots having an area of not leSs.
than 6,000 Square' feet; but not more than 12,000 sqUare, feet. Iflots siZes.differ'by more than
2,000 square feet, a conceptual plan addresSing land use transition and compatibility must be.
sUbmitted for review and approval by either the Planning Department or the Planning
Commission. Density will not exceed seven .(7) units per grOsS, acre for that area occupied
by such uses.
Other restrictions include pro~isi0nofafocal point, street.trees, street lighting, landscaping
and' sidewalks; treatment ofindividual driveways, and parking areas; lot width, lot coverage-
and setbacks.
With one exception, requirements offered for. cluster hOmes, are consistent with those
typically required by the Commission and Board-on similar projects recently approved. The::
proviSion fails to minimize the.number of garage doors oriented to.roadS or address standards
which will minimize the visual predominance of garages.facing the road.
22 02SN0209-JUNE18'BOS
ToWnhouSe: (Tracts H, I and L)
DevelOpment of residential townhouse lots in Tracts H, I and L will be' regulated by the
standards' set forth in the ZoningiOrdinance for Residential' Townhouse (R-TH)' Districts,
except as modified by the Textual-Statement (m.A.5.: and .III.BA.'), These. residences are-
· Proposed to be developed.with no more than Six (6)attached units.. Density wil1 nOt.eXceed:
seven (7) units per gross acre for that areaoccupied by such uses. Other restrictions.include.
provision of a focal point, street trees, street lighting, landscaping, .treatment of individual
driveways and parking areas, sidewalks, parcel area, setbacks' andcurb, and gutter~. ' -'"
With One exception, requirements offered-to offset the impact of lOts siZes-smallerthan
12,000 square feet are consistent with those typically required by. the commissi°n. and-Board:
on similaTr project recently approved. The pro~/ision falls tO minimize the nUmber ofgarage'.
doors oriented to roads or address standards which will minimize the visUal predominance of
garages facing the road. '-: ' .~ ' · .'.- ~
Multi-Family: (Tracts H, I and L)
Development of multi-family Units in Tracts H, I and L will be regUlated by the'standards set
forth in the Zoning Ordinance for Residential Multi-family (RrMF) Districts, except .'as
modified by the Textual 8tatement(III.A.6, III.B.1.). Density :will not exceedten:(1.0):units
per gross acre for that area occupied by such uses.
With one exception, requirements 'offered for ~,nulti-family-devel0pment are consistent with'-
those typically required by the Commission and Board'on similar projects.recently approved):
Although' the Zoning Ordinance requires that sidewalks be proVided' within a .residential.
multi-family project, thefe is no requirement for the provision of sideWalks onboth Sides of:
all internal rights of way. Higherdensity develoPments, warrant' the provision`of sidewalks
on both sides of all internal-rights of.way to provide a form of passive recreation as well as. a-
safe and Convenient access to open space areas. Within the.development.
Cluster Condominium: (Tracts H, I and L) ~ :
Development of cluster condominiums, in Tracts.H, I and L will' be regulated by the standards
set fort~a' in the Zoning Ordinance for Residential Multi,family. (R'iviF)~ except as modified
by the. Textual Statement (III.A;4, and III.B. 1). These. units may be. either attached or
detached~ Density will not exceed seVen (7) units per gross acre.
With one exception, requir?ments'offered for cluster condominiums are conSistent with those
typically.required by the Commission and BOard on similar:projects recently appro~ed.:/The
provisiOn fails to sufficiently minimize the number of garage 'doors oriented to roads. or
address standards that'will minimiZe the visual predominanCe of garages facing the'road.
23
02SN0209-JLINE 18-BOs
Single Family. Residential: (Tracts A through L)
Single family residential ·uses would be permitted anywhere within the 'boundaries .of.the -
development (Textual Statement. III.A.;B.,C.). Any single family residential uses Would.be
requiredto be developed in accordance with ZOning Ordinance.requirements for Residential.
(R4 2) Districts. The minimum lOts size woUld·be 1:2,000 square feet.
Open Space.and ReCreation Areas: (Tracts A throUgh L)
Within the cluster residential and townhousedeVelopments (Tracts H, I and L), where lots '
are reduced below the minimum t2~000 square feet, the Zoning Ordinance will require that a
comparable amount of square ·footage be placed in open space, The Zoning Ordinance'
defines.open space as any area"not occupied by a building, structure, drive or parking area";
The Subdivision Ordinance Will require creation of a HOmeowners' Association to maintain
any common open space.
Within the cluster residential, townhouse 'and cluster condominium developments, a
minimum of.75 acre of open· Space/community. area to serve as a'focal point as one enters
thOse tracts is proposed .(Textual statement III.A: 3.e, III:A:4 .h and m A.S.f.). Benches land
other, amenities are to be'prox4ded within ·these areas to facilitate outdoor gatherings.
~ TO address concerns of-area property .owners; within the single family residential
develoPments, an area of open space will be provided'between Hampton Park SubdiviSion
and:the subject property, west of Otterdale Road, (Proffered Condition 16)
'The Zoning Ordinance requires that within Residential ToWnhouse (R-TH) and Residential "~
Multi,family (R-MF) developments, at least ten (t 0). Percent.of the property designated for.-
these Uses, and in no event less than 1.5 acres, be Provided for on-site recreational uses..The:
Textual Statement provides for no recreation facilities except as mandated through restrictive.:.'
covenants (II.A.2). The County would not be required to enforce these cOvenants and
therefore, cannot guarantee..that any recreational facilities will be provided-within the.-
deVelopment. Staffdoes not-support this exception.· Higher density developments warrant --'
the provision of on-site recreatiOnal, facilities in accordance with .Zoning. Ordinance
Standards. -
The Textual Statement addresses development criteria for any recreational area develoPments'
to include·setbacks, outside public address systems, lighting and Platting. ~ 0I.A. 3 lhrough 9)
Equestrian Uses. and Recreational Vehicle. Storage:
The Textual Statement proposes both horse riding trails .and boarding facilities throughout
the development (IIiB.). Boarding facilities ·must meet ..minimum ·acreage and'setback
requirements to insure' compatibility with adjacent uSes.
24
02SN0209-JUNE18-BOS
Recreational vehicle storage, lots are proposed throughout the development: (Textual
Statement II.C.). Such areas would be screened from vieW of public:roads and residential
developments, meet minimum setbacks and employ security lighting only to promote
compatibility within residential areas..
Park ahd Ride Lots: (Tracts H; I and L)
The Textual Statement proposespark and ride lots within Tracts H, I orL (II.D,). Fifty (50)
foot buffers would be provided-aroUnd the perimeter of'all lots} except.where adj.acent to
office or. commercial uses. The' maximum lot size would be 250 parking.spaces..'Such lOts
could accommodate car, van orbus services. ·
Park and ride lots are first permitted by right in the Community Business (C-3) District of the
Zoning Ordinance. As a commercial use, the location of such lots has been limited to TraCts
H, I and L which represent areas within or adjacent .to .the commercial· eom.of the
development. This woUld minimiZe the impact of these faeilities~upon adjacent residential
developments withrespeet to noise, traffic, lighting and hOUrs of.oPeration.
Commercial Nodes and Uses: (Tracts I~and L)
In addition to various tYPes of residential-develOpment, Tract I .also .permit nUrsing,
convalescent and rest home uses, subject to the requirements 10fthe Zo~g Ordinance. for.the-
corP0rate Office (0-2) District'p/us Emercg-Growth ~DiS~ct .'Siandards; (TeXtual.
Statement III:B. 1 and 2.) ' ' ' '
Tract L, which is located, at the intersection of the proposed North/South and .EaSt/West
Arterials, is proposed for Neighborhood Business (C-2). and 'Corporate office (0-2) uses.
Such uses would be limited to a maximum of 100,000 grOss' square .feet.- Thistract will -
proVide the oppommity to accommodate limited commercial: and office uses .t° serve the
residents in the community and avoid the 'necessity for travel 'to the commercial areas along
Hull Street Road or those areas proposed within'the project'to the north.
The'Textual Statement requires any.commercial/Office uses in TraCt L to' conform, to the
requirements of the Zoning Ordinance for the respective C-2 and 0-2. Districts plus '
Emerging Growth District Standards. These ~ requirements address access, landscaping,
architectural treatment,.setbacks, parking, signs, buffers and utilities and ensUre compatibility
with the surrounding, residential areas. . .
Buffers:
The Subdivision OrdinanCe requires that fifty (50) foot buffers be maintained along .the
North/South and East/West .Arterials, as well as Beach Road. This buffer may be' included
within the boundaries of individual lots: It has been staff'.s experience that individual
homeowners tend to clear these areas resulting in a zoning violation onthat.individual lot.
To ~preserve the integrity of'these buffers, the applicant has proffered.:that these areas be
25
02SN0209-IUNE18-BOS
provided in open space, thereby becoming-the responsibility of the Homeowners~
Association (?roffered ConditiOn 10). It should benotedthat:thewater line easement which
the applicant has agreed to grant along Otterdale Road'Extended cannot be included Within
the' buffer: area unless :modifications to buffer requirements-are granted throUgh the'
sUbdivision process.
TO address concerns of area property oWners,.landsCaping'will' be provided within open space
areas adjacent to the proposed improvements. to. Otterdale Road'within Hampton park
Subdivision where such open spaces abut residential': lots..(PrOffered Condition-14)
· .Prohibition On Manufactured .Homes:
prOffered Condition 9 prohibits the location of manufactured homeS on the subject property.
The em'rent Zoning Ordinance .would not-allow.manufactured homes;-however, there: is
pending State. legislation that proposeSto mandate that localitieS .allow manufactured h°mes.': '-
in thoSe, districts that allow single: .family dWellings ConStructed:to the Uniform. State, de:.
Building Code. Should thiS State legislati°n be adopted, depending upon the. final language, ·
PrOffered Condition 9 may,:or may not,. have the'effect of prOhibiting manufactured homes: -
Dwelling Size: '
T° address concerns of. area property owners, proffered conditions to address minimum
house size. (Proffered Condition 15)
CONCLUSIONS ~
The proposed zOning and land Uses. comply with the Upper Swirl .Creek Plan.
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 isidentified:in the Public Facilities Plan, the Thoroughfare
. Plan and theCapital 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!evels are maintained and Protecting health, safety and welfareof County. citizens. -
Given these considerations, approval of this request is recommended. '
CASE HISTORY. '
Planning Commission Meeting (5/21/02):
At the.request of the apPli.cant,.the Commission deferred this case.to August 20, 2002.
26 02SN0209-JUNE 18-BOS
Staff(5/22/02): - · .
The applicant was advised in writing that any significant; new or revised.infOrmation shoUld
be submitted no later than June 17,:2002; for consideration· at the Commission's August 20,
2002, public hearing. The applicant was also advised that a$!50~00 deferral fee.wasdue. ~
Applicant (6/5/02):
The $150.00 deferral, fee was paid.
Applicant (6/6/02, 6/22/02, 7/31/02 and 8/6/02):
Revised proffered conditions and textual statements were sUbmitted.
Applicant. (7/12/02):
A traffic analysis was Submitted.
APplicant (7/24/02): { ~
As a result of a request from the. Transportation Department,' the appendices for'the Traffic."-
Analysis ·were submitted. ~ ~ -
Staff.(7~30~02): . .
The:Transportation Department provided written comments to the applicant on the '
Traffic Analysis.
Planning Commission Meeting (8/20/02).:
At the request of the applicant; the Commission-deferred this case to October 15,:2002.
Staff (8/21/02)::
The applicant was advised in Writing that any significant new orrevised information Should
be submitted no later than August 26, 2002,for consideratiOn at the" Commission's October
1.5, 2002, Public·hearing.· The·apPlicant was also adviSedthat a $250.00.deferral fee was due.
27 . 02SN0209-JUNE18,BOS
Applicant (9/5/02):
The $250~00 deferral fee was paid.
Applicant(9/10/02, 9/26/02 and 9/30/02):
Revised-proffered condition,, textual statement and Master. Plan were submitted.'
Planning CommiSsion Meeting (10/15/02):
On their own motion, the Commission deferred this case to December 17, 2002.
Staff (10/16/02):
The applicant was advised in writing that anY significant new or revised information should.
be submitted no' later than October 21, 2002, for consideration at the Commission's
December. 17, 2002, public hearing. ~
Applicant (11/8/02, 11/15/02 and 11/27/02):
Revised proffered conditions and Textual Statement were submitted.
Planning COmmission Meeting (12/i7/02): ~
At the request.of the applicant, the Commission deferred this case to February 18, 2003.
Staff (12/18/02):
The applicant was advised in Writing that any significantnew or revised information should
be submitted, no later than December 23, 2002, for. consideration at the Commission's
February' 18, 2003, public heating. The applicant was also advised that a $250.00 deferral
fee was. due.
Applicant. (12/30/02):
The $250.00 deferral fee was paid.
28 02SN0209-JUNE18-BOS
Staff (1/30/03 ):
To date, no new informatiOn has been submitted.
Staff, Applicant and Ashbrook Subdivision ReSidents (2/13./03 ):
A meeting was held to discuss the applicant's request. Area'residents expressed concerns
relatix~e to traffic, schools, impacts on the .Ashbrook Lake,' development 'phasing and
proposed housing types.
Applicant (2/17/03 and 2/18/03):
Revised proffered conditions-Were submitted: These prOffers -addressed Transportation
Department concerns relative to .the Hampton Park Drive/Hull Street. Road intersection
improvements'as well as area residents' cOncerns relativeto buffers, open space and dwelling
sizes as discussed herein.
Planning Commission Meeting.(2/18/03): , - ..
The applicant accepted the.recommendation. ( There was supp°rt, and ·Opposition present..
Those in support noted the proposal's compliance with 'the..Upper SWift Creek Plan; .the
benefits of a large planned' parcel versus piecemeal deVeloPment; 'and-that. the impacts'on
capital facilities had been addressed. .
Those in opposition expressed concerns relative to the: impact of.this propOSal upon-the'
County's infrastructure (roads and schools) and the Swi.ft.Creek Reservoir; and.the need·to
reevaluate the Upper Swift C~eek plan with·respect to. groWth:management. '
Mr. Stack noted that the proposed.regional Best Management Practices (BMPs) Will assiSt in.
addressing environmental impacts on .the reservoir; that ::staff. continues-to evaluate
methOdology for determining, student numbers generated by the requests; .and that. more
money needs to be allocated to road improvements through other means.in addition t°-the
cash proffer system. He indicated that the request was cOnsistent with the Plan, supported
by staff; did not have a detrimental;impact upon neighboring properties; represented along-
range project completion;~ and, as a.larger property, wasa better planned .deVelopment.
MesSrs.-Litton and Cunningham concurred with Mr. Stack's position.
Mr. Oulley agreed that the proposal represented a good quality development} but thathis
main concern was water quality and the impact of groWth on the water supply. He noted that
29
02SN02094UNE18-BOS
there needed to be specific timing and construction details for'the regional BMPs rather than
speculation. ' -
IV[fl Gecker agreed with Mr. Gulley with respect to the environmental issues associated with
phosPhorus loading, bm felt this was caused by the Route 288 project and other commercial
construction. He disagreed that the solution was to. stop additional rezoning on a case by
case' basis, but favored looking for an overall solution with standards for construction in'the
watershed. Mr. Gecker expressed his frustration with the lack of meaningful interactiOn with
the .SChool Board relative to the' school planning process. He noted that the proposal
complies with the Plan; provides avariety of hoUsing types; addresses a significant portion'of ~
transportation needs; incorporates acomprehensive plan f0r large acreage development; and
represents a natural extension of growth.
In reSponse to a question of Mr. stack, the apPlicant_ indicated.that all other conditions
proffered would remain applicable should the Commission not accept Proffered Condition
on 'motion of Mr2 Stack, seconded by Mr: Cunningham, the cOmmission. recommended
approval of this request and acceptance of' Proffered Conditions 1 through 8.1. and $.n.
through 16. The Commi'ssion recommended that Proffered Condition 8.m. not be accepted.
AYES: Messrs. Gecker, Litton, Cunningham and Stack.
NAY: 'Mr.' Gulley. ~ '
Applicant (3/3/03):
Proffered Condition 8.m. was withdrawn.
Board of SUPervisors'. Meeting (3112/03):
At the request of the applicant, the Board deferred this Case to April 23; 2003, to allow the
applicant-time to meet with area citizens.
Staff (3/13/03):
The applicant was advised in.writing that any. significant new or revised information shOUld
be submitted no later than. March 1'8, 2003, for Consideration atthe Board's public hearing.
The applicant was alsO advised that. a $250.00 deferral fee. was due.
30 02sN0209-JUNE18~BOS
Applicant (3/24/03):
The $250.00 deferral fee was paid.
Staff (3/27/03 ):
To date, no new information has been submitted.
Board of Supervisors. Meeting (4/23/03):
At the request of the applicant, the Board deferred this case to June] 8; 2003.
Staff (4/24/03):
The. applicant was advised in writing' that any new or-revised information should be
submitted no later than April 28, 2003, for considerationat the Board's.June' 18, 2003, pUblic
heating. The applicant was also adviSed thata $250.00 deferral fee' was due.. ' ~.
Applicant '(5/12/03):
The deferral fee was paid/
Staff (6/2/03):
To'date, no new information has been submitte&
The Board'of Supervisors, on Wednesday, June 18, 2003, beginning at 7:00 p:m., will take-under
consideration this request. ' ' ' :
31 02SN0209-JUNE 18-BOS
~)ane Peterson - REALESTATE-ENV,12~ ~,-v9-Southern Land - Fhal Textual Staten. .~Comm ...... ' .~ :' ' l~~]Page
Textual Statement
Southern Land Company LLC
February 4, 2002
Revised May 15, 2002
Revised May 29, 2002
Revised July 18, 2002
Revised July 30, 2002
Revised September 10; 2002
Revised September 26, 2002
Revised September 30, 2002
Revised October 9, 2002
Revised October 28, 2002
Rezone from A to R-12 for the uses permitted' in R-12 with a Conditional Use Planned
Development CCUPD") to permit use and Ordinance requirement exceptions.as delineated on the
Preliminary Zoning Map prepared by Jordan Consulting Engineers, P.C. dated April 4, 2002, and
last revised September. 10, 2002, (the "Plan"), as described herein, and as provided in the
accompanying proffers.
I. General Conditions
A. To accommodate thc orderly develOPment of the Property, the Tracts shall l~e located as
generally depicted on the Plan, but their location and size, including further
divisions into Sub-Tracts, may be modified so long as the parcels generally
maintain their relationship with each other 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 the
provisions of the Zoning Ordinance for Site Plan appeals. Sub-Tract (a designated
portion of a Tract) divisions may be created at the time of tentative subdivision or
site plan approval and shall not require a separate review as a Tract adjustment
provided there is no adjustment in the overall Tract boundary unless the Tract
boundary has been approved for .adjustment as stated herein.
B. Whenever a provision refers to or requires a conceptual plan ("Conceptual Plan") to be
submitted for review and approval, such a plan may be approved by either the
Planning Department or the Planning Commission at the election of the
Developer, and such review shall be subject to 'appeal in accordance with the
provisions of the Zoning Ordinance for Site Plan appeals.
C. Residential units [i.e.: Cluster Residential, Cluster Condo, Townhouse, or Multi-Family
(as defined herein)] shall be grouped together within a Tract or Sub-Tract. If there
is a desire to mix the types of residential uses within a Tract or Sub-Tract the
mixing may be permitted ifa Conceptual Plan is submitted for review and
approval. The Conceptual' Plan shall address the land' use transitions and
compatibility between the different uses within a Tract or Sub-Tract. Land use
~~~ .'REALESTATE-ENV-123 -v9-Southern Land, Fhal Textual Statem Comm Page 2
II.
Do
compatibility and transitions may include, but not necessarily be limited to, the
exact location of the uses, buffers, and site design.
Any open basins required for water quantity or quality control located on the property and
not owned by Chesterfield County shall be designed as wet ponds and shall be -
landscaped or otherwise improved so that the facilities become visual
enhancements to and visual amenities for the uses developed on .the Property. At
the time of tentative subdivision or site plan submission, a Plan depicting these
requirements shall be submitted for review and approval.
Requirements and Exceptions for All Tracts
A. Recreational Facilities
Recreational facilities shall be permitted'within all Tracts. These USes shall be
limited to facilities and uses that primarily serve -the surrounding
residential community including but .not limited to' passive recreation sUch
as trails, paths, sidewalks, ponds, open space, and vistas, as well as active
facilities like swimming pools; courts, such as tennis, basketball,
volleyball; playgrounds; picnic areas, clubhouses, and private, dining
facilities.
No recreational areas shall be required for the Property except as set forth in the
covenants. In conjunction with recordation of ea[h subdivision plat or
prior to final site plan approval fotr any residential uses the following
covenants Shall be recorded and a copy shall be prOvided to the County.
These covenants shall not be amended for a period of twenty (20) years
from the date of recordation.
a. For each Cluster Residential, ClUSter Condo, T°wnhouse~ or
Multi-Family residential areas at least one'and half (1:5)acre of
recreational'area shall be provided.
b-' For Single Family uses a minimum ofl0 acres of recreational area
shall be provided for each 1000 dwelling units.
e. Recreational areas may be.consolidated'into a single recreational
area or separated into smaller areas. Such recreational areas may
.include but are not limited to passive recreation such as trails,
paths, sidewalks, ponds, open space, and vistas, as'well as active
facilities like swimming pools; courts, such as tennis, basketball,
volleyball; playgrounds; picnic areas, clubhouses, and private
dining facilities.
d. The recreational areas for the Cluster Residential, .Cluster Condo,
Townhouse, or Multi-Family residential areas may be provided
on-site or off-site. If provided off-site, such as a joint facility with
other Cluster Residential, Cluster Condo, Townhouse, or Multi-
Family Uses, or as a part of the overall recreational areas for the
single family development, the off-site facilities shall meet the
following requirements: .
2
-v9-Southern ' .~,,-t--_ ....................
~~~ Land - Fnal Textual Statern ,.,omm' · Page 3
o
o
o
(1) The existing Or proposed recreational area meets the minimum
cumulative acreage requirements of the Zoning Ordinance
for the uses that it is proposed-to serve.
(2) The recreational area is within ¼ mile from the boundaries of the
Cluster Residential, Cluster Condo, Townhouse, or Multi-
Family residential areas.
(3) The Cluster Residential, Cluster Condo, Townhouse, or Multi-
Family residential areas are connected to the recreational
area by a pedestrian Path, trail system, or sidewalk.
(4) The Cluster Residential, Cluster Condo, Townhouse, or Multi-
Family residential areas are permitted (by covenant,
homeowners' association Or condominium association
declaration, or other like agreement) to use the off-site
recreational area'or facility.
Outside public address systems or speakers shall not be used between the hours of
11:00 p.m. and 8:00 a.m. and used only in conjunction with a pool:
With the exception of playground areas which accommodate swings, jungle gyms,
or similar such facilities, outdoor play fields; courts, swimming pools,
horse boarding facilities, and similar active recreational areas facilities
shall be located a minimum of 0ne hundred (100) feet from any proposed
or existing single family residential lot line and a minimum of fifty (50)
feet from any existing or proposed public road.
Within the one hundred (100) foot and fiftY (50) foot setbacks, a fifty (50) foot
buffer shall be provided along the perimeter of all active recreational
facilities except where adjacent to any existing or proposed roads. This
buffer shall conform to the requirements of the'Zoning Ordinance for fifty
(50) foot buffers.
Any playground area (i.e., areas accommodating swings, jungle gyms or similar
such facilities) shall be located a minimum of forty (40) feet from all
property lines. A forty (40) foot buffer shall be provided along the
perimeter of these recreational facilities except where adjacent to any
existing or proposed roads. This buffer shall conform to the requirements
of the Zoning Ordinance for fifty (50) foot buffers.
Nothing herein shall prevent development of indoor facilities and/or parking
within the one hundred (100) foot setback.
Exterior lighting for recreational uses shall comply with Section 19-573 of the
Zoning Ordinance, and the maximum height.for light posts shall not
exceed twenty (20) feet.
In conjunction with the recordation of any lot adjacent to active recreational
area(s), such recreational area(s) shall be identified on the record plat
along with the proposed recreational uses and required conditions.
Jane Peterson ~ REALESTATE-ENV-123 -v9-Southern Land - Fhal Textual Statern, Comm Page.4
B. Equestrian Uses.
Do
Horse riding trails shall be permitted throughout the development.
Horse boarding facilities to include pasture and barn areas shall be permitted if
located on a minimum (15) acre parcel ("Boarding Parcel"). Any barns
shall be located a minimum of 150 feet from the Boarding Parcel's
property line.
The .location of such uses shall be identified on the schematic plan.
Recreational Vehicle (including boats, travel wailers, and campers) Storage.
Recreational vehicle storage lots shall be permitted throughout the development.
The location of such storage lots shall be identified on the schematic plan.
Storage areas shall be located a minimum of one hundred (100) feet from any
proposed or existing single family residential lot line and a minimum of
fifty (50) feet from any existing or proposed public road.
Storage areas shall be screened from view of any proposed or eXisting residential
development and public roads. Screening shall comply with the
requirements of the Zoning Ordinance.
Parking areas shall comply either with the surface treatment requirements of the
Zoning Ordinance. or be constructed of a paving material or paving system
is similar to ,GrassyTM Pavers," "permaTURF®," "Presto GEOBLOCK®,"
or "GEOWEB®." The exact method shall be approved at the time of site
plan review.
Where these areas are adjacent to any residential use, the stOrage lot lighting shall
be limited to security lighting.
Park and Ride Lots
Park and Ride Lots shall be permitted in Tracts. H, I, or L. Park and Ride Lots
shall be located with 'direct access to an arterial ora collector road. A fifty
(50) foot buffer shall be provided along the perimeter of any Park and Ride
Lot except where adjacent t0 office or Commercial uses. This buffer shall
conform to the requirements of the Zoning Ordinance :for fifty (50).foot
buffers except the requirements may be modified by the Planning
Commission through site plan approval. No Park and Ride LOts shall
contain more than 250 parking spaces unless modified at the time of
schematic plan approval.
All Park and Ride Lots shall have a designated stop or shelter lOcated on or
immediately adjacent to the Park and Ride Lot that can accommodate
buses, vans, or cars without interfering with traffic flow. The exact
location and design of the stop or shelter shall be determined at the time of
site plan approval.
~~ter~on - REALESTATE-ENV-12,~ ..-v9-Southern Land - Fnal Textual Statem,. 'Comm Pa ....
III.
Requirements for Specific Tracts.
A. Within Tract L the following requirements shall be met.
Permitted non-residential uses shall be limited to those uses permitted in the
Neighborhood Business (C-2) and the Corporate Office (0-2) Districts.
. Such uses shall comply with the standards of the Zoning Ordinance for the
respective C-2 and 0-2 Districts plus Emerging Growth Area standards.
Further, permitted residential uses shall include those uses permitted in
Cluster Residential, Cluster Condo, Townhouse, Multi-Family, and Single
Family Residential (as defined herein), provided the schematic plan
insures land use compatibility and transition. Such residential uses shall
be subject to the development requirements described herein.
Commercial and office uses shall be limited to a maximum of 100,000gross
square feet.
"Cluster Residential" is defined as any dwelling that is located on a lot having an
area of not less than 6,000 square feet but not more than 12,000 square
feet. Further, in any Cluster Residential area, lot size shall not differ by
more than 2,000 square feet. Provided, however, within the Cluster
Residential area, the mixing of lot Sizes that differ by more than 2,000
square feet or the mixing of attached and detached units may be permitted
ifa ConCeptual Plan is sUbmitted for review and approval and the
Conceptual Plan addresses land use transitions and compatibility between
areas within the Cluster Residential areas. Cluster Residential may
include detached or attached units, provided that no more than two (2)
units are attached.
a. Density. The overall density within each Tract or Sub-Tract
containing Cluster .Residential shall not exceed 7.0 units per gross
acre.
b. Lot area and width. Each lot shall have an area of not less than
6,000 square feet and a lot width of not less than fifi7 (50) feet.
c. Percentage of lot coverage.- .All buildings, including accessory
buildings, on any lot shall not cover more than fifty (50) percent of
the lot's area.
d. Yards.
(1) Frontyard. Minimum often (10) feet in depth.
(2) Side yard.
(i) For detached units, two (2) side .yards, one (1)a
maximum of five (5) feet in width, the other a
minimum often (10) feet in width, with a minimum
distance of fifteen (15) feet between buildings.
(ii) For attached units, two (2) side yards, one (1) at
zero (0) feet, the other a minimum often (10) feet in
width, with a minimum distance of twenty (20) feet
between buildings.
Jane Peterson - REALESTATE-ENV-123 -v9-Southern Land'- Fnal Textual Statem~. ' ~~P~
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(3) Corner Side Yard. Minimum of twenty-five (25) feet.
(4) Rearyard. Minimum of tWenty-five (25) feet.
e.. Focal Point. A minimum of 0.75 acres of the required.open space
shall be located and positioned to provide a "focal point!' for each
Cluster Residential area. Part of the focal point shall be
"hardscaped" and have benches and other amenities that
accommodate and facilitate outdoor gatherings. The focal p°int
shall be developed .concurrent with the first phase.of residential
development of the Cluster Residential area in the Tract or Sub-
Tract the focal point is intended to serve. The exaCt-size, area,
designi and locatiOn of the focal point Shall be approved by the
Planning Department at the time of tentative subdivisiOn approval.
f. Recreational Area. A recreational area pr°vided in accordance
with II.A.2.
g. Street Trees. Street trees shall be planted or retained along each
side of the roads, except where adjacent to collector or arterial
roads. - .-
h. Street Lip0htin~. Street lighting shall be provided along each side
of the roads, except where adjacent to collector or arterial roads.
Streetlight fixtures, poles and lamp types shall be consistent and
their designshall be compatible with the residential development.
The exact height, design, :and spacing sh~{li be approved at the 'time
of tentative subdivision l~(lan approval. ·
i. LandsCaping. Landscaping shall be provided around the perimeter
of all dwelling units. Landscaping.shall comply with the
requirements, of the Zoning Ordinance, Sections 19~516 through
19-518(f). Landscaping shall be designed to minimize the
predominance of building mass and paved areas, to define private
spaces, and to enhance the residential.character of the
development. A conceptual landscaping plan' shallbe submitted
for review and approval in conjunction with tentative subdivision
plan review, and approval. A final landscaping design showing the.
exact number, spacing, arrangement, and species ofplanfings shall
be approved by the Planning Department prior to 'the issuance ora
building permit for each lot,
j. Sidewalks. Sidewalks shall be provided on the side of any road
that has lots fronting on the road.
k. Individual Lot Driveways and Parking Areas. Individual
driveways and parking areas shall be "hardscaped."' The'exact
design and treatment of driveways shall be approved at the time of
tentative subdivision plan review.
Cluster Residential Condominium attached or detached ("Cluster Condo") is
defined as any dwelling unit that conforms to Ihe requirements of the
Zoning Ordinance for Residential Multi-Family (R-MF) District except
6
-v9-Southern Land - Final Textual Staterri. Comm Page 7
that:
a. Regulation. The Cluster Condo dwelling units shall be regulated
by the Virginia Condominium Act/
b. Density. The overall density within each Tract or Sub-Tract
containing Cluster Condo shall not exceed 7.0 units per gross acre.
c. Parcel area. The minimum Tract or Sub-Tract area shall be 8.5
acres.
d. Percentage of parcel coverage. Ail buildings,' including accessory
buildings, on any lot shall not cover more than fifty (50) pement of
the Tract or Sub-Tract area.
e. Setbacks from perimeter of Tract or Sub-Tract. All structures shall
be setback a minimum of S0 feet from the perimeter of the Tract or
Sub-Tract.
f. Buildilag Setbacks from Roads and Driveways. All structures shall
be set back a minimUm often (10) feet from roads and driveways:
g. Curb and gutter. Road, driveways, and parking areas, except those
that serve garages or parking spaces of individual dwelling units
and do not provide general cimulation within the Cluster Condo,
shall have concrete curbs and gutters.
h. Focal Point. A minimum of 0.75 acres of the required open space
shall be located and positioned to provide a "focal point" for the
Cluster Condo~ Part of the focal point shall be "hardscaped" and
have benches and other amenities that accommodate and facilitate
outdoor gatherings. The focal point shall be developed concurrent
with the first phase of residential development of the Cluster
Condo .area in the Tract or Sub-Tract the focal point is intended to
serve. The exact size, area, design, .and'location of the.focal point
shall be approved by the Planning Department at the time of site
plan approval.
i. Recreational Area. A recreational area provided in accordance
with II.A.2.
j. Street Trees. Street trees shall provided in accordance with
III.A.3.g.
k. Street Lighting. Street' lighting shall be provided along each side of
the roads, except where adjacent to collector or arterial roads.
Streetlight fixtures, poles and lamp types shall be consistent and
their design shall be compatible with the residential development.
The exact heights design, and spacing shall be approved at the time
of site plan approval.
1.- Landscaping. Landscaping shall be provided around the perimeter
of all dwelling units. Landscaping shall comply with the
requirements of the Zoning Ordinance, Sections 19-516 through
19-518(f); Landscaping shall be designed to minimize the
)redominance of building mass and paved areas, to define private
spaces, and to enhance the residential character of the
Jane Peterson - REALESTATE-ENV-123i -v9-Southern Land - Fhal Textual Statem~ ,.,omm Page
development. A conceptual landscaping plan shall be submitted for
review and approval in conjunction with site plan review and approval. A
final landscaping design showing the exact number, 'spacing, arrangement,
and species of plantings shall be approved by the Planning Department
prior to the issuance of a building permit.
m. Individual Lot Driveways and Parking Areas. Individual
driveways and parking areas shall be provided in accordance with
III.A.3.k.
n. Sidewalks. Sidewalks shall be provided in accordance with
III.A.3.j.
Residential Townhouse ("Townhouses") is defined as defin.ed as any dwelling unit
that conforms to the requirements of the Zoning Ordinance for Residential
Townhouse (R-TH) District except that:
a. Density. The overall density within each Tract or Sub-Tract
containing ToWnhouses shall not exceed 7.0 units per gross acre.
b. Parcel area. The minimum Tractor Sub,Tract area shall.be 8.5
acres.
c. Group or row design. The total.number of units.within each
attached group or row oftownhouses shall not exceed six (6). 'The
front yard setback of each townhouse unit need not be varied
provided the design of such buildings .meets the-requirements
specified in Section 19-105 of the Zoning Ordinance as determined
by the Planning Department through the subdivision plan review
process.-
d. Yards.
(1) Frontyard. Minimum often (10)feet in depth.
(2) - Rearyard. Minimum of twenty (20) feetin depth.
e. Curb and gutter. Road, driveways, and' parking areas, except those
that serve garages or parking spaces of individual dwelling units
and do not provide general circulation .within the Townhouses,
shall have concrete curbs and gutters.
f. Focal Point. A focal point shall be provided in accordance with
III.A.3.e.
g. Recreational Area. A recreational area provided in accordance
with II.A.2.
h. Street Trees. Street trees shall provided in accordance with
III.A.3.g.
i. Street Lighting. Street trees shall prOvided inaccordance with
III.A.3.h.
j. Common Area. Common area shall be provided in accordance
with Zoning Ordinance Section 19-14(c)(2).
k. Landscaping. Landscaping shall be provided in accordance with
III.A.3.i.
~.J~.a. ne Peterson - REALESTATE-EN - ' -v9-Southern Land - Final Textual statem', Comm Page 9
Bo
\~REA\123074.9
1. Individual Lot' Driveways and Parking Areas. IndividUal
driveways and parking areas shall be provided in accordance with
III.A.3.k.
m. Sidewalks. Sidewalks shall be provided in accordance with
III.A;3.j.
Multi-Family Uses shall be limited to Age-Restricted Dwelling Units (as
described in Proffered Condition 4:a.) provided the use conforms to the
requirements of the Zoning Ordinance for Residential Multi-Family
(R-MF) Districts except that:
a. The minimum parcel size shall be 7.0 acres.
b. The maximum number.of dwelling units per floor may exceed
ten (10).
c. A recreational area is provided in accordance with II.A.2.
Within
1.
Single Family Residential Uses shall.conform to the requirements of the Zoning
Ordinance for Residential (R-12) Districts
Tracts H and I the following requirements shall be met.
The uses permitted shall be limited to Single Family Residential, Cluster
Residential, Cluster COndo, ToWnhouse, Multi-Family residential Uses, 'as
described and regulated inlII.A~ and Nursing, Convalescent, and Rest
Home Uses.
Any Nursing, Convalescent, or Rest Home Use shall be located adjacent to-Tract
L and limited to Tract I only. Such uses shall comply with the standards of
the Zoning Ordinance for Corporate Office (0-2) Districts in Emerging
Growth Districts. The architectural style shall be comPatible with
surrounding development in Tract H and I. Compatibility may be
achieved through the use of similar building massing, material, scale, or
other architectural features.
The uses within Tracts A, B, C, D, E, F, G, J, and K.shall be limited to those uses
~ermittcd in the Residential (R-12) District. Such uses shall comply with the
standards of the Zoning Ordinance for Residential (R~12) Districts.
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