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15SN0634 CASE NUMBER: 15SN0634 APPLICANT: Charter (E & A) LLC CHESTERFIELD COUNTY, VIRGINIA STAFF’SANALYSISMagisterial District: MIDLOTHIAN AND 200 Charter Colony Parkway RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: SEPTEMBER 16, 2015 BOS Time Remaining: 344 DAYS Applicant’s Agent: BRENNEN KEENE (804-775-1005) Applicant’s Contact: REYNOLDS ALLEN (301-652-3588) Planning Department Case Manager: RYAN RAMSEY (804-768-7592) APPLICANT’S REQUEST Amendment of conditional use planned development(Cases 94SN0138 & 13SN0509) to permit exceptions to density and residential townhouse standards. An eighty (80) unit residential townhouse development is planned.Density within Charter Colony is currently limited to 1,800 dwelling units with the development of John Tyler Community College. Eighty (80) additional dwelling units above the permitted 1,800 dwelling unitsin Charter Colony are proposed. In addition, exceptions relative to bulk standards in the Residential Townhouse (R-TH) District for setbacks, lot size, unit variation, buffers, landscaping, open space and recreational areasare requested. Notes: A.Conditions may be imposed or the property owner may proffer conditions. B.Proffered conditions and Textual Statementare located in Attachments1and 2. RECOMMENDATION RECOMMEND APPROVAL PLANNING High-quality, village-concept townhouse community COMMISSION Future development on Le Gordon Drive is limited (7/21/2015) Substantial capital facilities improvements already constructed as a part of Charter Colony Providing a FIRST CHOICE community through excellence in public service RECOMMENDATION (CONTINUED) RECOMMEND APPROVAL PLANNING COMMISSION AYES: Gulley, Wallerand Wallin (7/21/2015)NAYES:Brown ABSENT: Patton RECOMMEND DENIAL STAFF Request does not address impacts on capital facilities 215SN0634-2015SEP16-BOS-RPT SUMMARY OF IDENTIFIED ISSUES DepartmentIssue PLANNING- BUDGET AND Fails to address the development’s impact in accordance with Board’s MANAGEMENT Cash Proffer Policy Fails to address development’s impact on fire and EMS in accordance FIRE with Board’s Cash Proffer Policy PARKS AND Fails to address development’s impact on parks and recreational RECREATIONfacilities in accordance with Board’s Cash Proffer Policy Fails to address development’s impact on library facilities in LIBRARIES accordance with Board’s Cash Proffer Policy Fails to address development’s impact on school facilities in SCHOOLS accordance with Board’s Cash Proffer Policy Fails to address development’s impact on traffic in accordance with CDOT Board’s Cash Proffer Policy VDOT- UTILITIES- ENVIRONMENTAL - ENGINEERING 315SN0634-2015SEP16-BOS-RPT 415SN0634-2015SEP16-BOS-RPT Map 2: Comprehensive Plan(Midlothian Area Community Plan) Classification: PLANNED TRANSITION AREA The designation suggests the property is appropriate for mixed-use development that contributes to an overall transition to a smaller scale, pedestrian-oriented environment in Midlothian Village.Primary uses will include office, medium-density housing (7-14 dwelling units per acre), personal services and community facilities. Map 3: Surrounding Land Uses & Development Martin’s Shopping Center IvymontShopping Center Midlothian Turnpike Midlothian Woods Condominiums Charter Colony Parkway 515SN0634-2015SEP16-BOS-RPT PLANNING Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov ZONING HISTORY Case NumberBOS Action Request Rezoning from R-15 to R-9 of 764.3 acres, from R-TH to R- Approved9 of 6.2 acres, and from R-15 to C-3 of 3.6 acres, all with 94SN0138 (08/24/1994) Conditional Use Planned Development to permit use and bulk exceptions. Amendment of Conditional Use Planned Development (Case 94SN0138) within Tract 7 to modify the location and Approved 13SN0509 reduce setbacks along of the East-West Collector Road (06/26/2013) and obtain conceptuallandscape plan approval for the area fronting on Le Gordon Drive. PROPOSAL An eighty (80) unit residential townhouse development is planned.The request property is located within a portion of Tract 7, an area defined by the Master Plan in the original Charter Colony zoning request. Residential townhomes are a permitted use, when developed in accordance with the Residential Townhouse (R-TH) District standardsand zoning conditions. Several exceptions to these development standards and the overall density limitations are requested. CHARTER COLONY DENSITY The following chart provides an overview of the development’s density modification: Case NumberPermitted Overall Density Request Tract 4 has been developed for non-residential purposes (John 1 1,800 Dwelling Units Tyler Community College) If Tract 4 is developed 1,784 dwelling units have been for non-residential uses 94SN0138 recorded or approved as of May, 1 2,100 Dwelling Units 2015 If Tract 4 is developed 16 dwelling units remain (12 of for residential uses these units may be non-age restricted dwelling units) The proposed 80 lots would be in 15SN0634 80 Dwelling Units (On the addition to the permitted 1800 (Current Request Property) dwelling units permitted elsewhere Request) in the Charter Colony 1 Density is for the entire Charter Colony zoning request geography, as outlined in Zoning Case 94SN0138. DEVELOPMENT STANDARDS The request includes a number of modifications to the Residential Townhouse (R-TH) District standards. These exceptions are necessary to promote avillage-style townhouse concept rather 615SN0634-2015SEP16-BOS-RPT than a traditional, suburban-styled development per the current R-TH ordinance requirements. Generally, dwellings would consist of a mix of rear and front loaded townhomes, oriented along public roads and common areas. Alleys would facilitate access to the rear-loaded lots. Townhomes would also front the Special Access Road (East/West Road) and a commonarea. Sidewalks and pathways would be provided throughout the development, encouraging pedestrian-oriented placement of townhomes that are adjacent to streets and common areas. The following chart provides an overview of the development’s modification to Residential Townhouse (R-TH) District standards: Design or Bulk Request Requirement DensityIncreased from 8 to 14 dwelling units per acre 1 maximum density Textual Statement4.A. Lot Area and WidthReduction in lot size and lot width for end units. Textual Statement4.B. Setbacks Reduced side, corner sideand rear yard setbacks Reduced encroachments for certain improvements (i.e. uncovered stairs, terraces, landings, porches, or enclosed entrances) Establish a Special Access Road (East/West Road) setback Textual Statement 4.C. , 4.E., 7.C., 7.D. and 7.E. Concrete curb and gutter not required for private alleys and Driveways and Parking driveways Areas Textual Statement 4.G. Eliminate unit variation Group or Row Design Textual Statement 4.H. Active recreational facilities not required. Passive recreation Recreational and Common amenities to include a “Pavilion” and “Common Area”. Area Textual Statement 4.I and Proffered Condition 12 Street TreesMix of large maturing and small ornamental street trees, based on the orientation of garage on unit along public roads, special access streetand units fronting common area Textual Statement4.J. and Proffered Condition 10 Building HeightIncreased from 3 stories or 40’, whichever is lessto 4 stories or 45’, whichever is less Textual Statement7.F. 1 Relief to this standard was previously given in Case 94SN0138. ARCHITECTURE & SITE DESIGN The applicant has offered several proffered conditions relative to the architecture, unit designand community amenities for the proposed townhouse development. The following chart and Attachment 5 (Exhibit B) providesan overview: 715SN0634-2015SEP16-BOS-RPT Design RequirementRequest Architectural and Site Generally similar to the design shown on Attachment 5 (Exhibit B). In Design Criteria addition, the following restrictions and elements shall be incorporated into townhouse units and community: Specified exterior and roof materials Enhanced treatment of townhouse end units and the rear elevationsof units adjacent to Charter Colony Parkway Roofline variation Front entry porch and walkway widths Screening of alley accessfrom rights-of-way Specified fence materials Minimum garage sizes (1 or 2-car garages) Allow on-street parking Concrete driveways Design and phasing standards for open space area and pavilion Proffered Conditions 7,8,9,11 and12 BUFFER, LANDSCAPINGAND STREETSCAPE IMPROVEMENTS The applicant has offered several proffered conditions relative to the design and layout of required buffers, landscaping and streetscape improvements.The following chart provides an overview of the development’s requirements: Design ElementRequest Buffer Buffer and supplemental plantings to be reviewed prior to construction commencing on property(along Charter Colony Parkway) Easements may encroach into buffer, as shown on Exhibit A Proffered Condition 3and Textual Statement7.A Unit LightingEach townhouse shall have a post light Proffered Condition 11.D. Pedestrian Access & Meandering path on south side of Special Access Sidewalks Pedestrian pathway connection between the townhouse development and Le Gordon Drive A pedestrian crosswalk installed across the Special Access Sidewalks on one side of all Public Roads Sidewalk network around the common area and linking to Private Alleys Proffered Condition 6 and Attachment 4 (Exhibit A) While a number of exceptions are requested, the applicant has proffered several architectural and design elements that will result in a village-style, high-quality, pedestrian-oriented townhouse development that is integrated into nearby existing developments and the larger Charter Colony community. As proffered, the exceptions to the typical R-TH standards will not be detrimental to existingorpending development in the immediate area. 815SN0634-2015SEP16-BOS-RPT FINANCIAL IMPACT ON CAPITAL FACILITIES Budget and Management Staff Contact: Natalie Spillman(717-8767) spillmann@chesterfield.gov The need for schools, parks, libraries, fire stations and transportation facilities in this area is identified in the County’s adopted Public Facilities Plan, Thoroughfare Plan and Adopted Capital Improvement Program and further detailed by specific departments in the applicable sections of this request analysis. This proposed development will have an impact on capital facilities. Staff has calculated the fiscal impact of every new dwelling unit on schools, roads, parks, libraries and fire stations at $21,261 per unit. The applicant has been advised that the current maximum proffer of $18,966 per unit would defray the cost of the capital facilities necessitated by this proposed development. The original zoning case 94SN0138 was approved in August 1994. Proffered Condition 2 of 94SN0138 states the maximum number of dwelling units within the development would be limited to 1,800 units, since Tract 4 was utilized for non-residential uses. Proffered Condition 3 states each residential lot developed in excess of 2,088 units would be subject to pay a cash proffer. Since the overall development was limited to 1,800 units, a cash proffer has never been applicable. The applicant has requested to amend the previously approved case which would increase the density, only on Tract 7, to add 80 units; however, they have not offered a way to address the impact of this proposed development on capital facilities. Because the applicant is requesting to increase the density above the currently allowed 1,800 units, staff feels that it is appropriate to accept a cash proffer to assist in mitigating the corresponding impacts on capital facilities. The Cash Proffer Policy allows the County to assess the impact of all dwelling units in previously approved zoning cases that come back before the Planning Commission and Board of Supervisors using the calculated capital facility costs in effect at the time the case is reconsidered. It is appropriate to accept the maximum cash proffer of $18,966 for each dwelling unit. The Planning Commission and the Board of Supervisors, through their consideration of this request, may determine that there are unique circumstances relative to this request that may justify acceptance of proffers as offered for this case. 915SN0634-2015SEP16-BOS-RPT 80* Per DwellingUnit Impact on Capital Facilities Potential Units FY15 Cash Proffer Facility Current BOS ApplicantVariance from Calculated on Existing Categories Maximum Proposal Maximum Impact Zoning Schools $9,376 $0 $8,364 $0 ($8,364) Parks$1,327 $0 $1,184 $0 ($1,184) Libraries$340 $0 $303 $0 ($303) Fire $786 $0 $701 $0 ($701) Stations Roads$9,432 $0 $8,414 $0 ($8,414) Total $21,261 $0 $18,966 $0 ($18,966) Overall Impact on Capital Facilities Schools $750,080 $0 $669,120 $0 ($669,120) Parks$106,160 $0 $94,720 $0 ($94,720) Libraries$27,200 $0 $24,240 $0 ($24,240) Fire $62,880 $0 $56,080 $0 ($56,080) Stations Roads$754,560 $0 $673,120 $0 ($673,120) Total $1,700,880 $0 $1,517,280 $0 ($1,517,280) *Based on Proffered Condition 2 of case 15SN0634.The actual number of dwelling units and corresponding impact may vary. 1015SN0634-2015SEP16-BOS-RPT PUBLIC FACILITIES FIRE SERVICE Staff Contact: Anthony Batten (804-717-6167)battena@chesterfield.gov The mission of Fire and Emergency Medical Services (EMS) is to protect life, property and the environment through a comprehensive fire and life safety program that ensures an adequate and timely response to emergencies. The Public Facilities Plan, as part of the Comprehensive Plan, indicates: County-wide Fire & EMS Service Information & Needs New5 Recommendations for Fire Stations by 2022 Replacement/Revitalization4 Fire 24% 1 2011 Incidents as a percent of total EMS (Emergency Medical Services)76% Fire/EMS Increasesin Call Volume 44% from 2001 and 2011 County Population Increase from 17% 2001 to 2011 1 With the aging of population, medical emergency incidents are expected to increase faster than the rate of population growth over time. Fire Service - Project Impacts Estimated Number of Calls for 14 Service Annually Applicant has not addressed impacts on fire and EMS Applicant’s Proposal to Address facilities (cash proffer not in accordance with current 1 Impacts policy). 1 The financial impact of residential development on fire facilities is addressed in the “Financial Impact on Capital Facilities” section of the report. Additional Information: When the property is developed, the number of hydrants, quantity of water needed for fire protection, and access requirements will be evaluated during the plans review process. Information relative to nearby fire and emergency service facilities can be found in Attachment 3. 1115SN0634-2015SEP16-BOS-RPT PARKS AND RECREATION Staff Contact: Brian Geouge (804-318-8720) geougeb@chesterfield.gov TheCounty supports a high-quality park system to provide residents and visitors with equitable access to active and passive recreation opportunities. The Public Facilities Plan, as part of the Comprehensive Plan, indicates: County-wide Parks and Recreation Needs Park TypeNumber of New Parks Aggregate Acreage Regional 3600 Community10 790 Neighborhood 9180 Special Purpose3 1 - Urban 2 - - Linear 3 - - 1 The Public Facilities Plannotes facility recommendations for water-based parks. All other facilities are acquired and developed on a site-by-site basis. 2 Facilities are recommended in urban areas where there is limited acreage available for park development. 3 Facility needs are assessed on a site-by-site basis as recommended in the Public Facilities Plan. Parks and Recreation –Project Impacts 5.9 Acres of Regional, Community and/or Neighborhood 2012 County Level of Service parkland per 1,000 persons 9 Acres of Regional, Community and/or Neighborhood Target Level of Service parkland per 1,000 persons Applicant has not addressed impacts on parks and recreational facilities (cash proffer not in accordance with Applicant’s Proposal to Address current policy). Applicant citing proffers set in zoning case 1 Impacts 94SN0138, quality materials, and quality of life contributions. 1 The financial impact of residential development on parks facilities is addressed in the “Financial Impact on Capital Facilities” section of the report. Additional Information: Information relative to nearby parks and recreation facilities can be found in Attachment 3. 1215SN0634-2015SEP16-BOS-RPT LIBRARIES Staff Contact: Debra Winecoff (804-751-4475)winecoffd@chesterfield.gov The public library system’s role in the county has expanded beyond its traditional function as a resource for information and materials, and now serves as a community gathering place for educational, cultural and informational services; community support during emergencies; economic development; and revitalization activities.The Public Facilities Plan, as part of the Comprehensive Plan,indicates: County-wide LibraryNeeds Facility ActionCounty-wide Facility Needs Expand or Replace 5 Libraries 5 Libraries Construction of New Facilities 1 Community Arts Center Libraries -Project Impacts 2011 County Level of Service 0.45 square feet of library space per person Standard Level of Service 0.82 square feet of library space per person Applicant’s Proposal to Applicant has not addressed impacts on library facilities (cash 1 Address Impacts proffer not in accordance with current policy) 1 The financial impact of residential development on library facilities is addressed in the “Financial Impact on Capital Facilities” section of the report. Additional Library Information: Information relative to nearby library facilities can be found in Attachment 3. 1315SN0634-2015SEP16-BOS-RPT SCHOOLS Staff Contact: Atonja Allen (804-318-8740) atonja_allen@ccpsnet.net High performing, high quality public schools contribute to the quality of life and economic vitality of the County. The Comprehensive Plan suggests a greater focus should be placed on linking schools with communities by providing greater access, flexible designs and locations that better meet the needs of the communities in which they are located. The Public Facilities Plan, as part of the Comprehensive Plan, indicates: County-wide School Needs School Types Facilities to Revitalize/ReplaceNew Facilities Elementary 163 Middle62 High23 Technical-1 Schools -Project Impacts Elementary17 Middle9 Average Student Yield High12 Total38 Applicant’s Proposal to Applicant has not addressed impacts on school facilities (cash 1 Address Impactsproffer not in accordance with current policy) 1 The financial impact of residential development on school facilities is addressed in the “Financial Impact on Capital Facilities” section of the report. Additional Information: After review of this request, based on current school assignments and student enrollment the proposed rezoning case will have animpact on schools. It is possible that over time this case, combined with other tentative residential developments and other zoning cases in the area will continue to push these schools to their capacity and therefore impact the capacity of facilities division-wide. Information relative to schools currently serving area can be found in Attachment 3. 1415SN0634-2015SEP16-BOS-RPT COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804-748-1037)banksj@chesterfield.gov The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-wide transportation needs that are expected to mitigate traffic impacts of future growth. The anticipated traffic impact of the proposal has been evaluated and recommendations are detailed in the chart below: RecommendationApplicant’s Proposal Applicant has not addressed traffic Cash Proffer Policy impacts in accordance with current policy. VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov VDOT Land Use Regulations - Traffic Impact Analysis (24VAC30-155) - Access Management (24VAC30-73) As proffered and proposed the conditions for meeting SSAR street acceptance connectivity (two external connections to a publically maintained street) and pedestrian accommodation criteria (sidewalks on one side of the street) would be met. Street acceptance is further subject to Subdivision Street Acceptance (24VAC30-91/92) compliance with meeting VDOT’s roadway design standards which include verification on the need for turn lanes proposed at roadway access points. The Department will evaluate during the site plan review process. - Land Use Permit (24VAC30-151) - Summary 1515SN0634-2015SEP16-BOS-RPT WATER AND WASTEWATER SYSTEMS Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov The proposal’s impacts on the County’s utility system are detailed in the chart below: Water and Wastewater Systems Currently Sizeof Existing LineConnection Required by County Code? Serviced? WaterNo12” & 8”Yes WastewaterNo8”Yes Map 5: Existing Water & Wastewater Systems Additional Information: The proposed request will not impact the public water and wastewater systems. 1615SN0634-2015SEP16-BOS-RPT ENVIRONMENTAL Drainage, Erosion and Water Quality Staff Contact: Doug Pritchard (804-748-1028)pritchardd@chesterfield.gov The proposal’s impacts on drainage, erosion and water qualityare detailed in the chart below: Stormwater Issue Discussion/Conditions The property is in the Michaux Creek Watershed which drains into Geography Powhatan County before reaching the James River The necessary stormwater management infrastructure to accommodate Stormwater this project has already been installed as a part of the site development Managementimprovements for the Charter Colony/Midlothian Turnpike/Le Gordon Drive Martin’s Grocery Store. 1715SN0634-2015SEP16-BOS-RPT CASE HISTORY Applicant Submittals 3/9/15Application submitted 5/8/15Revised proffers and textual statement were submitted 5/11/15& Revised proffers and textual statement were submitted 5/12/15 6/29/15A revised proffer wassubmitted, relative to permitting engineered wood siding as a permitted building material Community Meeting 4/22/15Issues Discussed Midlothian Planning Commissioner, applicant, agent and staff attended House size, sales price, number of bedrooms/bathrooms, cash proffer, access to Charter Colony recreational facilities, number of students generated by this development and the impact on the overcrowding situation at Watkins Elementary School Planning Commission Meetings 5/19/15 Citizen Comments Citizens spoke in support and opposition of the applicant’s request: Development will have high-quality architecture and building materials Development may worsenthe overcrowding at J.B. Watkins Elementary School Need to meet with area residents and evaluate traffic impacts on Le Gordon Drive Offering no cash proffer is not acceptable since there is a need for public facilities within the immediate community and on a county-wide basis Commission Discussion The Commission noted their desireto deferthis case to allow additional time for the applicant to meet with the community to discuss impacts of the development along Le Gordon Drive Action –DEFERRED TO JULY 21, 2015 7/21/15 Citizen Comments Several citizens spoke in opposition to this case, noting that the applicant has not offered a full cashproffer to address impacts on capital facilities, overcapacity of Watkins Elementary, increased traffic along LeGordon Drive, and overdevelopment of the site. Two citizensspoke in support of this case, noting that the applicant has presented a quality housing product, there is a need for additional housing in Midlothian Village and that the developer of Charter Colony has already contributed towards offsetting its impact on capital facilities. 1815SN0634-2015SEP16-BOS-RPT Commission Discussion The Commission noted their support for this case: Applicant has provided a village-concept plan for a high-quality townhouse community Further development opportunities on Le Gordon Drive are limited Impacts to local schools will need be addressed by the School Board, relative to overcrowding at Watkins Elementary School A substantial amount of capital facility improvements have already been constructed as a part of Charter Colony development Dr. Brown noted his opposition to this case given development will generate students and usage of capital facilities; thereforea cash proffer to offset these impacts is appropriate. Recommendation – APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS IN ATTACHMENT 1 Motion:WallerSecond: Wallin AYES: Gulley, Wallerand Wallin NAYES:Brown ABSENT: Patton Board of Supervisors Meeting 8/26/15 BoardDiscussion The Boardnoted their desire to defer this case to the next regularly scheduled Board of Supervisors meeting. Action -DEFERRED TO SEPTEMBER 16, 2015 The Board of Supervisors on Wednesday, September 16, 2015, beginning at 6:30 p.m., will consider this request. 1915SN0634-2015SEP16-BOS-RPT ATTACHMENT 1 PROFFERED CONDITIONS Note: “CPC” –Recommended by the Planning Commission only The Owners and the Developer (the “Owners”) 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 their successors or assigns, proffer that the development of the Property known as part of Chesterfield County Tax Identification Number 726-707-3592 (the “Property”) under consideration will be developed according to the following conditions if, and only if, the rezoning request for amendment to the Conditional Use Planned Development (“CUPD”) is granted. In the event the request is denied or approved with conditions not agreed to by the Owners, the proffers shall immediately be null and void and of no further force or effect. The application contains two (2) exhibits described as follows: Exhibit A –A plan titled “Charter Colony Townhouses, Preliminary Site Plan,” dated January 9, 2015, last revised February 24, 2015, and prepared by Youngblood, Tyler & Associates P.C. Exhibit B –Elevations titled “Conceptual Elevations A, B, C, C-1, and D” prepared by HHHunt. The Applicant hereby amends Proffered Condition 1 of Case 13SN0509 to read as follows: (CPC)1.Master Plan. The Textual Statement dated February 27, 2015, last revised May11, 2015, shall be considered the Master Plan. (P) (Note: Except as amended herein, all previous conditions of zoning approved in Case 13SN0509 shall remain in full force and effect.) The Applicant hereby amends Proffered Condition 2 of Case 94SN0138 to read as follows: (CPC)2.Dwelling Units. A maximum of eighty (80) dwelling units shall be permitted on the Property. The dwelling units are independent of, in addition to, and shall not otherwise affect or limit in any manner the original number of dwelling units permitted by Proffered Condition 2 of case 94SN0138. (P) (Note: Except as amended herein, all previous conditions of zoning approved in Case 94SN0138 shall remain in full force and effect.) 2015SN0634-2015SEP16-BOS-RPT (CPC)3.Buffers. A.Charter Colony Parkway. i.A fifty (50) foot buffer (“50-Foot Buffer”) measured from the right-of-way shall be provided along Charter Colony Parkway as shown on Exhibit A. ii.Natural vegetation within the 50-Foot Buffer shall be maintained to the maximum extent feasible. Prior to any construction on the Property, an on-site inspection by the Planning Department shall identify the trees within the 50-Foot Buffer that should be saved. Those trees shall be tagged and protected. iii.If insufficient plantings exist within the 50-Foot Buffer, as determined by the Planning Department, additional plantings shall be added. The exact locations, quantities,species, and sizes of any supplemental landscaping shall be determined at the time of subdivision review. B.Structures. i.A decorative wall and/or signage may be provided within the 50-Foot Buffer to identify the townhouse development. ii.Rear yard fencing for lots may be installed within the 50-Foot Buffer, provided that the required landscaping in the buffer is maintained. (P) (CPC)4.Setbacks on Special Access. A ten (10) foot setback shall be required for buildings located along the East-West Special Access Road (“Special Access”) except as to accommodate improvements noted in Proffered Conditions5.A.and 10.A. \[For clarification, no buffers are required along the Special Access.\] (P) (CPC)5.Pedestrian Access. A.A sidewalk or meandering path located within the front yards of the townhouses shall be provided along the south side of the Special Access as generally shown on Exhibit A. B.A pedestrian connection to the path located along LeGordon Drive shall be provided from the turnaround shown on Exhibit A and as approved by the Planning Department at the time of subdivision review. C.At least one pedestrian crosswalk located in-line with the sidewalk fronting the shopping center buildings that face Charter Colony Parkway shall be provided across the Special Access, if approved by VDOT. D.Sidewalks shall be provided on one side of the Public Roads of the townhouse development as shown on Exhibit A. Public Roads are those roads that are internal to the Property and designed to be accepted for state maintenance. E.Additional sidewalks shall be provided across the Common Area and linking to the Private Alleys as generally shown on Exhibit A. 2115SN0634-2015SEP16-BOS-RPT F.All private sidewalks leading to the front of the dwelling units shall be a minimum of four (4) feet in width. (P) (CPC)6.Garages and Parking. A.Rear-loaded, alley-accessed townhouses shall have two-car garages. B.Front-loaded townhouses shall have one-car garages. C.On-street parking shall be permitted on Public Roads as approved by VDOT.(P) (CPC)7.Alley Access and Screening. Where an alley is visible from Public Roads, a screening wall, fence, or landscaping shall be used to minimize the view of parking and service areas. (P) (CPC)8.Townhouse Design. A.The architecture design shall be generally similar to those shown on Exhibit B. B.The townhouse end units that face outside the Property and in the locations noted on Exhibit A as Lots 1, 31, 32, 45, 46, 61, and 62 shall be constructed with additional façade design and detailing such as shown on Conceptual Elevation D. C.All endunits that are internal to the Property shall wrap any brick on the front façade a minimum of eighteen (18) inches along the side of the unit. D.Exterior materials shall be brick or fiber cement siding (such as HardiePlank, HardieShingle, and HardieTrim)orengineered wood siding (such as LP SmartSide). Vinyl siding shall not permitted as an exterior material. E.Other materials may be used for trim, architectural decorations, or design elements provided they blend with the traditional and cottage style architecture, as generally depicted in Exhibit B. F.Roof materials shall be standing seam metal or a thirty (30) year architectural dimensional shingles with algae protection. G.Roofs or roof lines shall be varied in color, height, or by a visual/material break between the roofs. H.All front entries shall be covered with a solid porch roof. At least one unit in each group of rear-loaded townhouses shall provide a front porch design extending the full width of the unit to provide variety and vertical breaks to the units. I.Any rear elevation adjacent to Charter Colony Parkway (Lots 11-31 on Exhibit A) shall be constructed with similar architectural details as those on the front elevation of the townhouse. All single windows shall have a shutter treatment. In addition, a minimum of two (2) dwelling units in a row or group shall incorporate a brick façade treatment from the foundation to the top of the second floor. The units with a brick façade shall not be required to incorporate decorative siding treatment above thebrick. 2215SN0634-2015SEP16-BOS-RPT J.The minimum square footage of the townhouses shall be 1600 square feet. (P) (CPC)9.Fences. A.Any rear yard fences constructed shall be vinyl, fiber cement lumber, metal, and/or comparable material. B.The height of rear yard fences shall not exceed six (6) feet. (P) (CPC)10.Streetscape. A.Large maturing trees, planted approximately 40’ on center, shall be provided along the Public Roads of rear-loaded lots, along the Special Access Street, and Common Area, except where there is a conflict with utilities, sightlines, and drivewayareas. B.Small ornamental trees shall be provided between groups of front-loaded lots, except where there is a conflict with utilities. C.Front yard post lights shall be provided for each townhouse.(P) (CPC)11.Driveways. Driveways shall be concrete. Gravel or asphalt driveways shall not be permitted.(P) (CPC)12.Common Areas. A.An open lawn passive recreation area shall be provided as shown as Common Area on Exhibit A. B.A covered community gathering space such as pavilion, gazebo, or similar structure (“Pavilion”) shall be provided on the Property. i.The Pavilion shall be a minimum of 192 square feet in size and the design of the Pavilion shall be compatible with the architecture of the community. ii.The exact location of the Pavilion shall be determined at the time of preliminary subdivision plat approval. iii.Once the location is identified, the Pavilion shall be constructed as part of that row or group of townhouses immediately adjacent to the Pavilion location. iv.Notwithstanding the provisions above, the Pavilion shall be under th construction prior to the issuance of the 40building permit.(P) 2315SN0634-2015SEP16-BOS-RPT ATTACHMENT 2 TEXTUAL STATEMENT Case 15SN0634 March 2, 2015 Revised May 8, 2015 Revised May 11, 2015 Tract 7 – C-3 with Conditional Use Planned Development to permit residential multi-family and townhouse uses; recreational uses accessory to residential uses in the development; private schools plus exceptions to C-3 bulk requirements. 1.Uses permitted shall be those permitted in the Community Business (C-3) District; Residential Multi-Family (R-MF) District and Residential Townhouse (R-TH) District; recreational uses accessory to residential uses in the development; plus private schools. 2.Development of any non-residential use shall conform to the requirements of the Midlothian Village Fringe District of the Zoning Ordinance, except that the setbacks from the East-West Special Access Road shall be as set forth in Proffered Condition 4 of Case 13SN0509. 3.Residential multi-family and townhouseuses shall conform to the Zoning Ordinance requirements for Residential Multi-family (R-MF) for any multi-family uses and Residential Townhouse (R-TH) for any townhouse usesexcept there shall be no minimum acreage requirement for such uses and density shall not exceed fourteen (14) units per acre. 4.Residential Townhouse uses shall conform to the regulations set forth in the Residential Townhouse (R-TH) district except as set forth in below and as specified in the Proffered Conditions. A.Density. There shall be no minimum acreage requirement and density shall not exceed fourteen (14) units per acre. B.Lot Area & Width.Each lot shall have an area not less than 1,520 square feet and a lot width of not less than 19 feet; except that end lots shall have a minimum area of 2,320 square feet and lot width of not less than 29 feet. C.Setbacks from Special Access Road. The minimum building setback from the East-West Special Access Road shall be ten (10) feet. D.Side Yard.The side yard setback for all end lots shall be ten (10) feet. E.Corner Side Yard.The corner side yard shall be twenty (20) feet. F.Rear yard.The rear yard shall be twenty (20) feet. G.Driveways and Parking Areas. All public roads shall have concrete curb and gutter. Alleys and driveways shall not be required to have concrete curb and gutter. 2415SN0634-2015SEP16-BOS-RPT H.Group or Row Design. There shall be no required variation in the front yard setbacks for the townhouse units. I.Common Area.No active recreational facilities or areas shall be required; however, passive recreation is provided as set forth in Proffered Condition 12. J.Street Trees.Street tree installation shall be provided as set forth in Proffered Condition 10. 5.At time of site plan review for any recreational uses, conditions may be imposed to insure land use compatibility. These conditions may address, but not necessarily be limited to, buffering screening, lighting and hours of operation. 6.A natural or open space area of approximately four (4) acres shall be maintained between Charter Colony Parkway and LeGordon Drive, generally adjacent to Parcels 2, 4, 5, 7, 10, 19, and 20 on Tax Map 15-15 (1) as illustrated on Exhibit 'B.' This open space may be utilized for access, stormwater retention, wetlands mitigation, water quality facilities, utility extensions andsimilar uses as may be approved by the Planning Commission, but shall not be used for building or parking. Specific measures shall be required to mitigate the impact of these improvements to LeGordon Drive and adjacent residential areas, if deemed necessary by the Planning Commission. These measures may include but not necessarily be limited to additional landscaping, architectural treatment, fences, walls, hedges, berms, etc. 7.The development of the townhouses shall conform to the Zoning Ordinance exceptas follows: A.The buffer along Charter Colony Parkway may be reduced to thirty (30) feet where necessary to accommodate existing easements, utilities running generally parallel to the buffer, fencing, and signage (including a decorative wall). B.If side entry townhouses are provided, uncovered stairs, terraces, landings, porches, or enclosed entrances may project into the side yard or the corner side yard up to eight (8) feet. C.Bay windows and eves may project into any yard setback up to three and a half feet (3.5) feet. D.Covered porches enclosed on three sides may project into a front yard setback up to four (4) feet. E.The maximum height of all buildings shall be four (4) stories or forty-five (45) feet, whichever is less. 2515SN0634-2015SEP16-BOS-RPT ATTACHMENT 3 SUPPLEMENTAL PUBLIC FACILITIES STATISTICS Schools Currently Serving Area Watkins Midlothian Midlothian Elementary Middle SchoolHigh School School Capacity Categories Current and Projected 20141011818 1241225 150681 1472156994 2 Figures 20151033-1261206 - 80 1548-99 20161051-1281213 - 81 1591-101 20211072-1311211 - 80 1802-115 TrailersNumber of 3 -0 1 Trailers 1 Trailers are not identified in the staff report for schools under 90% capacity. 2 Disclaimer: Please note that Projected Membership AND Functional Capacity are updated on an ANNUAL BASIS. They are based on the September 30 membership and Space Utilization Study Report for a given year.School boundary adjustments may be made to address over capacity levels. Nearby Public Facilities Fire Station The Midlothian Fire Station, Company Number 5 EMS Facility The Forest View Volunteer Rescue Squad Library Midlothian Library Parks & RecreationWatkins Annex Park, Midlothian Middle Athletic Complex, Mid- Lothian Mines Park 2615SN0634-2015SEP16-BOS-RPT ATTACHMENT 4 EXHIBIT A (CONCEPTUAL LAYOUT) 2715SN0634-2015SEP16-BOS-RPT ATTACHMENT 5 EXHIBIT B (CONCEPTUAL ELEVATIONS) 2815SN0634-2015SEP16-BOS-RPT 2915SN0634-2015SEP16-BOS-RPT 3015SN0634-2015SEP16-BOS-RPT 3115SN0634-2015SEP16-BOS-RPT ATTACHMENT 6 APPROVED PROFFERED CONDITION 2(94SN0138) 3215SN0634-2015SEP16-BOS-RPT 3315SN0634-2015SEP16-BOS-RPT ATTACHMENT 7 APPROVED PROFFERED CONDITIONS (13SN0509) 3415SN0634-2015SEP16-BOS-RPT 3515SN0634-2015SEP16-BOS-RPT 3615SN0634-2015SEP16-BOS-RPT 3715SN0634-2015SEP16-BOS-RPT ATTACHMENT 8 APPROVED TEXTUAL STATEMENT (13SN0509) 3815SN0634-2015SEP16-BOS-RPT 3915SN0634-2015SEP16-BOS-RPT