Loading...
15SN0656 CASE NUMBER: 15SN0656 APPLICANT: Marc Greenberg and Midlothian Land Partnership, LLC CHESTERFIELD COUNTY, VIRGINIA STAFF’S ANALYSISMagisterial District: MIDLOTHIAN AND 14200 Midlothian Turnpike RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: JANUARY 27, 2016 BOSTime Remaining: 365DAYS Applicant’s Agent: ANDREW M. CONDLIN (804-977-3373) Applicant’s Contact: MARC GREENBERG (804-320-0442) Planning Department Case Manager: DARLA ORR (804-717-6533) APPLICANT’S REQUEST Rezoning from Community Business (C-3) to Community Business (C-3) with conditional use planned development to permit multifamily residential uses and exceptions to ordinance requirements. Commercial and multi-family residential uses are planned. A maximum of 250 multi-family residential units would be permitted. Exceptions are requested to reduce setbacks and increase area and height for signage. Notes: A.Conditions may be imposed or the property owner may proffer conditions. B.Proffered conditions, Textual Statement, Conceptual Plan and Architectural Elevations are located in Attachments 1-6. RECOMMENDATION PLANNING RECOMMEND APPROVAL COMMISSION Support mixed use integrated living and reduction of cash proffer 11/17/2015 for age restricted residential units RECOMMEND DENIAL While the multi-family residential use does not comply with the commercial uses recommended by the Plan, the development’s STAFF design would appropriately integrate the use. However, the request fails to fully address development impacts for age restricted units and fails to provide recommended mitigating road improvements. Providing a FIRST CHOICE community through excellence in public service SUMMARY OF IDENTIFIED ISSUES DepartmentIssue PLANNING BUDGET AND Fails to address capital facilities impacts in accordance with the Cash MANAGEMENT Proffer Policy relative to schools FIRE PARKS AND RECREATION LIBRARIES Fails to address capital facilities impacts for age-restricted units for SCHOOLS schools A commitment to provide all recommended mitigating road CDOTimprovements has not been offered VDOT- UTILITIES- ENVIRONMENTAL - ENGINEERING 215SN0656-2016JAN27-BOS-RPT 315SN0656-2016JAN27-BOS-RPT Map 2: Comprehensive Plan – MIDLOTHIAN AREA COMMUNITY PLAN Classifications:PLANNED TRANSITION, VILLAGE FRINGE AND SUBURBAN COMMERCIAL Planned Transition Areasuggests development of office, medium density and personal service developed on a smaller scale with pedestrian design elements to transition from village Village Fringe Areasuggests mixed use development compatible with surrounding neighborhoods and including office, multi-unit housing, community facilities and personal service use Suburban Commercial District suggests retail shopping,, office serviceand similar uses Map 3: Surrounding Land Uses & Development Planned multi-family Norfolk Southern RR residential Winterfield Rd Single family residential or vacant Commercial and Light Industrial use Midlothian Tpk 415SN0656-2016JAN27-BOS-RPT PLANNING Staff Contact: Darla Orr (804-717-6533) orrd@chesterfield.gov PROPOSAL The applicant proposes a development with commercial use and senior-occupied multi-family residential units as identified in the proffered conditions, Textual Statement and Conceptual Plan –Exhibit A (Attachments 1 –3). The Conceptual Plan divides the property into four (4) development tracts(or “tiers” as referenced on ExhibitA– Attachment 3). The development is proposed with tree-lined streets, a water feature, supplemental landscaping, useable open space, pedestrian connections designed to provide high visual interest and gatherings, and recreational amenities. The following is an overview of proposed development: General Overview RequirementsTier 1 Tier 2 Tier 3Tier 4 Community Neighborhood Multi-family General Business Business Commercial R-MF dwellings C-3 uses C-2 uses O-2 and C-2 permitted on permittedpermitted uses maximum of 7.6 permitted Automobile Automobile acres* Automobile sales/rental & sales/rental & other uses other uses sales/rental & prohibitedprohibitedother uses *On 11/24/15 prohibited Automobile Automobile Uses Textual Statement service service station Automobile amended to station and gasoline service clarify acreage for allowed with sales station and RMF use bay doors prohibitedgasoline sales Textual screened prohibited Statement IV.A Textual Statement Textual Statement Textual and IV.C.i III.A II.AStatement V.A Occupancy limited to seniors Age Restriction--- Proffered Condition10 Clubhouse, fitness center & other recreational Clubhouse and - -- amenities Amenities (minimum of 5000 square feet) Proffered Condition 14 515SN0656-2016JAN27-BOS-RPT General Overview (Continued) RequirementsTier 1 Tier 2 Tier 3Tier 4 Community Neighborhood Multi-family General Business Business Commercial No building shall No tenant Maximum of Single story exceed 10,000 sq. exceeding 7.6 acres used maximum of ft. 50,000 sq. ft.for R-MF 15,000 sq. ft. dwellings Only 1 Two story Maximum of tenant maximum of Tenant Size & exceeding 175 units per 20,000 sq. ft. Units Per 30,000 sq. ft.building Floor/Building Maximum of 42 units per floor Textual Textual Statement Textual Statement Textual Statement Statement V.C IV.C III.C II.D Compatible with Compatible with Compatible Compatible Exhibit B.1, B.2 Exhibit B.3and with with Exhibit C and Building Building Three development Final elevations One and Two on on Exhibit B.4 on GPIN725- approved by Exhibit B.4709-7211 Planning Commission Architecture (See Map 4 on Page 8) Textual Textual Statement Textual Statement Textual Statement Statement IV.B II.B III.BV.B Maximum of 36 Maximum of 2 Maximum of 50 Maximum of 2 feet or 2.5Storiesfeet or 4 storiesstories stories Building Heights Textual Statement Textual Statement Textual Statement Textual Statement II.CIII.CIV.CV.C Pedestrian paths and public spaces/amenities around ponds and Open throughout development Space/Pedestrian Designed to include amenities adding high visual interest (i.e. decorative Areas paving, pedestrian lighting, benches, landscaped areas and plazas) Proffered Condition 12 Along Midlothian Turnpike, Winterfield Road and internal to project Sidewalks Proffered Condition 15 50 feet from Midlothian Turnpike 5 feet from Winterfield Road and for residential units from parking; Setbacks 10 feet from drive isles (for multi-family –Tier III) No setbacks from internal property lines or the western property line Textual Statement I.Band IV.C 615SN0656-2016JAN27-BOS-RPT General Overview (Continued) RequirementsTier 1 Tier 2 Tier 3Tier 4 Community Neighborhood Multi-family General Business Business Commercial Development in accordance with Conceptual Plan (Exhibit A) No parking and driveways between buildings and Winterfield Road Emerging Growth and Village District Areas –except as outlined in Design Standards Textual Statement, commercial development to comply with Ordinance standards for these areas Multi-family residential use – except as outlined in Textual Statement, to comply with R-MF standards of Ordinance Along Midlothian Turnpike – hedgerow and berm Within Winterfield Round-About – landscaping if approved by VDOT Landscaping Throughout development in accordance with ordinance requirements and as shown on Conceptual Plan Proffered Condition 16 and Exhibit A Pedestrian paths and public spaces/amenities around ponds and throughout development Open Designed to include amenities adding high visual interest (i.e. Space/Pedestrian decorative paving, pedestrian lighting, benches, landscaped areas Areas and plazas) Proffered Condition 12 Drive-In and Screened from public streets by building design, use of architectural Automobile walls/fences, berms and landscaping Service/Wash/Bay Textual Statement I.D Door Screening Decorative street lights along Winterfield Road and Midlothian Turnpike (approximately 80 feet on center) and internal to project Street Lights Proffered Condition 17 715SN0656-2016JAN27-BOS-RPT Map 4: Tier IV – Architectural Compatibility with Adjacent Parcel- Textual Statement IV.B SIGNAGE Signs will comply with the Zoning Ordinance requirements, with the exception of larger and additional freestanding signs along Midlothian Turnpike and Winterfield Road to identify the development. Current zoning conditions, approved in 2004, permit larger and additional signs as detailed in the chart below. This proposal reduces the number of permitted signs along Midlothian Turnpike from three (3) to two (2) signs. With this reduction, staff supports the exception to signage requirements. FREESTANDING SIGNAGE Permitted By Within Village Outside Of Village Current Zoning Roads Current Proposal Area Area Two signs –1 at Three signs –1 at each entrance - Primary Entrance - 250 Sq. Feet & 250 Square Feet & 25 ft. Tall and Midlothian 32 Sq.Feet & 50 Sq. Feet &25 Feet Tall and 50 Sq. Feet & 8 Turnpike 8 Feet Tall 15 Feet Tallat 2 Secondary Ft Tall Entrances –50 Square Feet & 8 Feet Tall 30 Sq. Feet & 30 Sq. Feet & 10 Feet Tall 10 Feet Tall 1 sign -75 Sq. Unless within 300 Unless within 300 1 sign - 75 Sq. Winterfield RoadFeet & 8 Feet Feet of R or A Feet of R or AFeet & then reduced to then reduced to 8 Feet Tall Tall 10 Sq. Feet & 10 Sq. Feet & 8 Feet Tall8 Feet Tall 815SN0656-2016JAN27-BOS-RPT FINANCIAL IMPACT ON CAPITAL FACILITIES Budget and Management Staff Contact: Meghan Coates (717-6220) coatesm@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 $23,418 per unit. The applicant has requested rezoning for a mixed use development consisting of commercial and age restricted multi-family residential uses. Per Proffered Condition 11, this development would have a maximum residential density of 250 dwelling units. To address the impact of this development on capital facilities, the applicant has proffered $11,152 per dwelling unit, to be allocated pro-rata among the facility categories for parks and recreation, libraries, fire, and roads.The applicant has not offered any proffers to off-set the impact development may have on schools in accordance with the Board’s policy. Under the Board’s cash proffer policy, an applicant’s cash proffer amount would remain unchanged for a period of four years after which they would be escalated by the cumulative change in the Marshall and Swift Building Cost Index, a provision recently adopted by the Board of Supervisors. The applicant’s cash proffer of $11,152 per unit negatively impacts the county’s ability to provide adequate school facilities for its citizens. The Planning Commission and 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. 250 Per Dwelling Unit Impact on Capital Facilities Potential Units Facility FY16 Calculated Current BOS Applicant Variance from CategoriesImpact Maximum ProposalMaximum Schools$9,648 $7,814 $0 ($7,814) Parks $1,347 $1,091 $1,091 $0 Libraries $318 $258 $258 $0 Fire Stations$861 $697 $697 $0 Roads $11,244 $9,106 $9,106 $0 Total $23,418 $18,966 $11,152 ($7,814) 915SN0656-2016JAN27-BOS-RPT Overall Impact on Capital Facilities Schools$2,412,000 $1,953,500 $0 ($1,953,500) Parks $336,750 $272,750 $272,750 $0 Libraries $79,500 $64,500 $64,500 $0 Fire Stations$215,250 $174,250 $174,250 $0 Roads $2,811,000 $2,276,500 $2,276,500 $0 Total $5,854,500 $4,741,500 $2,788,000 ($1,953,500) * Based on Proffered Condition 11. Actual number of lots and corresponding impact may vary. 1015SN0656-2016JAN27-BOS-RPT PUBLIC FACILITIES FIRE SERVICE Staff Contact: Anthony Batten (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 New 5 Recommendations for Fire Stations by 2022 Replacement/Revitalization4 Fire24% 1 2011 Incidents as a percent of total EMS (Emergency Medical Services)76% Fire/EMS Increases in 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 44 Service Annually Offered in Accordance with Cash Proffer Policy Applicant’s Proposal to Address 1 Impacts Proffered Condition 11 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 6. 1115SN0656-2016JAN27-BOS-RPT PARKS AND RECREATION Staff Contact: Brian Geouge (318-8720) geougeb@chesterfield.gov The County 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 Type Number of New Parks Aggregate Acreage Regional 3600 Community10 790 Neighborhood 9180 Special Purpose3 1- Urban 2- - Linear 3 - - 1 The Public Facilities Plan notes 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 Offered In Accordance with Cash Proffer Policy Applicant’s Proposal to Address Proffered Condition 11 1 Impacts 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 6. 1215SN0656-2016JAN27-BOS-RPT LIBRARIES Staff Contact: Jennifer Stevens (751-4998) stevensj@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 Library Needs 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 Service0.82 square feet of library space per person Applicant’s Proposal to Offered In Accordance with Cash Proffer Policy 1 Address Impacts Proffered Condition 11 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 6. 1315SN0656-2016JAN27-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 Plansuggests 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 Elementary163 Middle62 High 23 Technical - 1 Schools -Project Impacts Elementary53 Middle28 Average Student Yield High38 Total119 Applicant’s Proposal to Not Offered in Accordance with Cash Proffer Policy for age 1 Address Impacts restricted units Proffered Condition 11 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 an impact 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 6. 1415SN0656-2016JAN27-BOS-RPT COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804) 748-1037 banksj@chesterfield.gov The Comprehensive Plan, which includes the Thoroughfare Plan, identifiescounty-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 Maximum Development 4,000 SFof Day Care Center, 12,000 SFof Medical- Dental Office, 15,000 SF of Shopping Center, 18,000 SF of Supermarket, 4,500 square feet of High- Offered as Recommended Turnover Sit-Down Restaurant, 5,500 SFof Sit-Down High-Turnover Restaurant and 4,000 SF of Fast-Food Restaurant with Drive-Through Window;or equivalent traffic generation. 250 Residential Units Proffered Conditions 8and 9 Vehicular Access Control Access to Winterfield Road limited to one (1) entrance/exit at the existing roundabout on Winterfield Road. Access to Route 60limited to two (2) entrances/exits. Offered as Recommended The eastern access willalign with the existing crossover on Route 60located just west of the Winterfield Road/Le Gordon Drive/Route 60 and limitedto left and right-turns-in and right-turns-out only. The western access will align with the existing crossover on Route 60that aligns Old Otterdale Road Proffered Conditions 3and 4 Road Improvements Additional pavement along Route 60 at both the eastern and western access to Route 60 to provide separate right turn lanes for both accessesand at the Winterfield Road intersection. Additional pavement along Route 60 at the existing crossover that serves the western access to provide an adequate left turn lane. Offered as Recommended Additional pavement along Route 60 at the existing crossover that serves the eastern access to provide an adequate left turn lane. Alarge raised median within the eastern access to preclude vehicles exiting the Property from traveling east on Route 60. Full cost of traffic signalization of the western access/Old Otterdale Road/ Route 60 intersection. Proffered Condition 6 1515SN0656-2016JAN27-BOS-RPT RecommendationApplicant’s Proposal Road Improvements An additional lane of pavement along Route 60 for the Not Offered entire property frontage Cash Proffer PolicyOffered in Accordance with Cash Proffer Policy Proffered Condition 11 Map 5: Access Easements (Proffered Condition 2) 1615SN0656-2016JAN27-BOS-RPT 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) Location of proffered access points and signal as depicted on Exhibit A (dated 10- 30-15) are acceptable to the Department. The access locations are grandfathered through the previous zoning case and not subject to compliance with Regulation spacing standards. Subdivision Street Acceptance (24VAC30-91/92) - Land Use Permit (24VAC30-151)- Summary Signal and turn lane construction is subject to VDOT final approval of traffic analyses supporting the improvements. Applicant submitted traffic study in May 2015. Study found acceptable on 11/13/2015. 1715SN0656-2016JAN27-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 Size of Existing LineConnection Required by County Code? Serviced? Water No 24”Yes Wastewater No8”, 12” and 15”Yes The request will have a minimal impact on the public water and wastewater systems. Map 5: Existing Water & Wastewater Systems 1815SN0656-2016JAN27-BOS-RPT ENVIRONMENTALENGINEERING Drainage, Erosion and Water Quality Staff Contact: Rebeccah Ward (748-1028) wardr@chesterfield.gov Stormwater IssueDiscussion/Conditions Property drains to existing BMP approved with a previously Geographyapproved site plan Located within James River Watershed Forest Developer shall not use burning to clear or timber Property Proffered Condition 5 Management Existing pond is intended as stormwater compliance BMP Pond will be upgraded to achieve an engineering certification that the pond’s construction is in conformance with approved site plan entitled “Midlothian Town Center –Pond” Site Plan # 08PR0231 Water Quality To the degree that the ability to perform required BMP maintenance is not compromised, the pond will be aesthetically enhanced Modification of the pond may occur if otherwise required by law or governmental regulation Proffered Condition 13 Since the existing private easement located within the property also conveys drainage through adjacent and upstream land areas discharging it onto the property, such easement needs to be converted to the County to ensure proper stormwater and Drainage development management The easement will be dedicated to the County in its present alignment or an altered alignment satisfactory to the County Proffered Condition 18 1915SN0656-2016JAN27-BOS-RPT CASE HISTORY Applicant Submittals 5/11/2015Application submitted 8/13, 9/9, Revised proffered conditions, Textual Statement and exhibits were submitted. 9/24, 10/19, 10/26, 11/5, 11/10 & 11/24/2015 Community Meeting 6/22/2015 Discussion Market for additional grocery stores Traffic, stoplightsand truck deliveries Potential affects from competitive pricing store(s) Safety of existing traffic circle on Winterfield Road Architecture for commercial portion deviation from what citizens negotiated in existing zoning case Concerned character and architecture/conceptual plans are not cohesive with uniqueness sought for Midlothian Village Buildings close to Route 60 with parking behind o Incorporate elements of village architecture into project o Second tier of buildings little architectural character o Lacks sense of place o No development preferred over development inconsistent with Village Concern with loading docks fronting interior public roads and pedestrian areas Bike and pedestrian access 9/10/2015 Discussion Screening of loading areas Street lightingand site lay-out Pedestrian design and public spaces around existing pond Owners have to keep record of occupants for age restricted apartments Redesign of round-a-bout on Winterfield Road Existing Midlothian Village Area Plan and pending revisions Maintaining Village character with this development Discussion of village boundaries Mixed opinions on whether proposed architecture is acceptable Importance of 4-sided pedestrian access to business success Prefer higher end businesses Planning Commission Meeting 7/23/2015Action – DEFERRED TO OCTOBER 20, 2015 AT APPLICANT’S REQUEST 10/20/2015Action – DEFERRED TO NOVEMBER 17, 2015 ON COMMISSION’S MOTION 2015SN0656-2016JAN27-BOS-RPT Planning Commission Meeting(Continued) 11/17/2015Citizen Discussion In Opposition - Traffic increase and safety on subdivision streets Suggestion for 60 day deferral to allow applicant time to continue to work with area citizens and the Village of Midlothian Volunteer Coalition Case represents significant departure from Village of Midlothian standards relative to design, architecture and building materials Property will be in the Village boundaries with the upcoming Midlothian Area Plan revision Proposed architecture will not compliment the Salisbury neighborhood or the village In Support – Uses would be needed convenience for area residential use Property is eye-sore now; looking forward to development Applicant will ensure quality development given track record in county Support building architecture and design Project is walkable and would increase tax base Commission Discussion With reduced density, this case would provide less traffic daily Project’s design would complete boulevard appearance along Winterfield Road which would potentially be the western boundary of the village Additional lane along Midlothian Turnpike is not necessary given it is unlikely that the road will be widened because of the railroad bridge just to the west Senior product will not generate students Offers mixed use integrated living Recommendation: APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS IN ATTACHMENT 1 Motion: Waller Second: Brown AYES: Gulley, Waller, Brown, Patton and Wallin Board of Supervisors 12/16/2015Action – DEFERRED TO JANUARY 27, 2016 ON BOARD’S MOTION WITH APPLICANT’S CONSENT The Board of Supervisors on Wednesday, January 27, 2016, beginning at 6:30 p.m., will consider this request. 2115SN0656-2016JAN27-BOS-RPT ATTACHMENT 1 PROFFERED CONDITIONS Note: (CPC) –Recommended by the Planning Commission only (MODIFIED) –Revised Proffered Condition 1 submitted by Applicant on 11/24/2015 The Owner-Applicant in this rezoning Case 15SN0656, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County,Virginia, for itself and its successor or assigns, proffers that the development of the property will be developed as set forth below; however, in the event the request is denied or approved with conditions not agreed to by the Owner-Applicant, these proffers shall be immediately null and void and of no further force or effect. The Applicant hereby proffers the following conditions: (CPC)1.MasterPlan. The Textual Statement last revised November 3, 2015 shall be considered the Master Plan. (P) (MODIFIED)1.Master Plan. The Textual Statement last revised November 24, 2015 shall be considered the Master Plan. (P) (CPC) 2.Access easements. Prior to any site plan approval, access easements acceptable to the Transportation Department shall be recorded from Winterfield Road and/or from Midlothian Turnpike as determined by the Transportation Department, across the Property to permit vehicular access to the parcels identified as Tax ID 725-709- 7211 and Tax ID 725-709-5083. (T) (CPC)3.Access Winterfield. Direct vehicular access from the Property to Winterfield Road shall be limited to one (1) entrance/exit at the existing roundabout on Winterfield Road. The exact location of this access shall be approved by the Transportation Department. Nothing herein shall preclude access to the Property through other adjacent properties to Winterfield Road. (T) (CPC)4.Access Midlothian Turnpike. Direct vehicular access from the Property to Midlothian Turnpike shall be limited to two (2) entrances/exits. a.Eastern Access: The eastern access shall align with the existing crossover on Midlothian Turnpike located just west of the Winterfield Road/Le Gordon Drive/Midlothian Turnpike intersection and generally as shown on Exhibit ‘A’ of the Textual Statement and defined in the Textual Statement as the Concept Plan (the “Concept Plan”). The eastern access shall be limited to left and right-turns-in and right-turns-out only and shall be designed as a divided boulevard with street trees and landscaped median and shall intersect with an 2215SN0656-2016JAN27-BOS-RPT east-west main street at a landscaped traffic circle. b.Western Access: The western access shall be located at the western Property line, and shall generally align with the existing crossover on Midlothian Turnpike that aligns Old Otterdale Road, located generally as shown on the Concept Plan. The exact locations of these accesses shall be approved by the Transportation Department. (T) (CPC)5. Burning ban. The Developer shall not use burning to clear or timber the Property. (EE, F) (CPC)6. Transportation improvements. The Developer shall be responsible for the following improvements. The exact length and design of the following improvements shall be approved by the Transportation Department: a.Construction of additional pavement along the westbound lanes of Midlothian Turnpike at both the eastern and western access to Midlothian Turnpike, and at the Winterfield Road intersection, to provide separate right turn lanes for each such access. b.Construction of additional pavement along the eastbound lanes of Midlothian Turnpike at the existing crossover that serves the western access from Midlothian Turnpike into the Property to provide adequate left turn lane. c.Construction of additional pavement along the eastbound lanes of Midlothian Turnpikeat the existing crossover that serves the eastern access from Midlothian Turnpike into the Property to provide an adequate left turn lane. d.Construction of a large raised median within the eastern access from Midlothian Turnpike into the Property to preclude vehicles exiting the Property from traveling east on Midlothian Turnpike. e.Full cost of traffic signalization of the western access/Old Otterdale Road/Midlothian Turnpike intersection, if warranted, as determined by the Transportation Department. f.Dedication to Chesterfield County, free and unrestricted, of any additional right- of-way (or easements) required for the improvements identified above. In the event the Developer is unable to acquire any “off-site” right-of-way that is necessary for any improvement identified above, the developer may request, in writing, that the County acquire such right-of-way as a public road improvement. All costs associated with the acquisition of the right-of-way shall be borne by the developer. In the event the County chooses or has chosen not to assist the developer in the acquisition of the “off-site” right-of-way, the developer shall only be required to provide road improvements within available right-of-way as determined by the Transportation Department. (T) 2315SN0656-2016JAN27-BOS-RPT (CPC)7. Road Improvement Phasing. Prior to any site plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 8, shall be submitted to and approved by the Transportation Department, or as may be revised and approved by the Transportation Department. (T) (CPC)8. Commercial Density.Unless requested by the developer and modified by the Planning Commission, the maximum density of the non-residential portion of the development shall be a maximum of 4,000 square feet of Day Care Center, 12,000 square feet of Medical-Dental Office, 15,000 square feet of Shopping Center, 18,000 square feet of Supermarket, 4,500 square feet of High-Turnover Sit-Down Restaurant, 5,500 square feet of Sit-Down High-Turnover Restaurant and 4,000 square feet of Fast-Food Restaurant with Drive-Through Window, or such other uses so long as the maximum estimated traffic impact that is produced by the non- residential development is no greater than 444 AM peak hour trips and 666 PM th peak hour trips, as determined by the 9Edition of the ITE Code. (T) (CPC)9. Residential density. There shall be a maximum of two hundred fifty (250) dwelling units. (P) (CPC)10.Age Restriction. Except as otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Act, and such other applicable federal, state or local legal requirements, all dwelling units shall be restricted to “housing for older persons” as defined in the Virginia Fair Housing Law and no persons under 19 years of age shall reside therein. (P, B) (CPC)11.Impacts. For each dwelling unit, the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit, for infrastructure improvements within the service district for the property, unless state law prevents enforcement of that timing: a.$11,152 per dwelling unit (being the full cash proffer policy amount less the allocation designated for schools) for the period beginning the July 1 preceding the Board of Supervisors’ approval of the case through July 1 four years later, at which point the amount will be adjusted for the cumulative change in the Marshall and Swift Building Cost Index during that time period. b.Thereafter, the per dwelling unit cash proffer amount shall be automatically adjusted, annually, by the annual change in the Marshall and Swift Building Cost Index on July 1 of each year. c.Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. (B) 2415SN0656-2016JAN27-BOS-RPT (CPC)12.Open Space/Pedestrian Areas. The areas designated as “OPEN SPACE” on the Concept Plan adjoining the ponds (described in Proffered Condition 13) shall include pedestrians paths and public spaces adjacent to the lake/pond. These pedestrian areas shall be designed to include amenities that add high visual interest, such as, but not limited to: decorative paving units; decorative pedestrian- style lighting; benches; landscaped areas; plantings; bike racks; plazas; water features; gathering areas; and other pedestrian elements. Pedestrian trails, walks and amenities shall also be provided throughout the development as generally shown on the Concept Plan. The exact design, material and location of pedestrian elements shall be approved by the Planning Director as part of plan approval.(P) (CPC)13.Pond. The existing pond located on Tax IDs 724-709-7661 and 725-789-1125 shall substantially remain as it currently exists and is the intended stormwater compliance BMP for the development. It shall be upgraded so as to achieve an engineering certification that the pond’s construction is in conformance with the design as contained in the approved site plan entitled “Midlothian Town Center – Pond” Site Plan # 08PR0231. To the degree that the ability to perform required BMP maintenance is not compromised, the pond will be aesthetically enhanced. Modification of the pond may occur if otherwise required by law or governmental regulation. All stormwater management facilities shall be designed as visual amenities to create water views. Such facilities shall include fountain type aerators unless otherwise restricted by law or governmental regulation. (EE, P) (CPC)14.Clubhouse and Amenities. Prior to the issuance of certificates of occupancy for more than one hundred(100) dwelling units, amenities shall be provided to the residents of such dwelling units, including, but not limited to, a clubhouse and fitness center. The clubhouse and fitness center shall be permitted to be contained within one of the residential buildings or within a separate building. Both interior and external amenities shall be provided on the multi-family residential tract within and surrounding the residential buildings, such as one or more of the following: meeting rooms, community gatheringspace for residential group activities, media room and entertainment lounge, business center, and exterior gathering spaces, courtyards, outdoor game areas and paths. All such amenities to be provided shall total a minimum of 5,000 square feet in area and shall be completed prior to the issuance of the certificates of occupancy for more than two hundred dwelling units. (P) (CPC)15.Sidewalks. Sidewalks, and crosswalks shall be constructed along the west side of Winterfield Road and north side of Midlothian Turnpike for the entire length of the Property adjacent to such roads. Such sidewalks shall be constructed to required VDOT standards and materials and shall be a minimum of five (5) feet in width. There also shall be an internal system of sidewalks and crosswalks within the 2515SN0656-2016JAN27-BOS-RPT development in the locations and constructed of decorative materials as generally shown on the Concept Plan. (P) (CPC)16.Landscaping. a.Midlothian Turnpike. A continuous hedgerow a minimum of 3 feet in height and a variable width undulating berm with an average height of 3 feet shall be installed along Midlothian Turnpike as approved by the Planning Director at the time of plan approval. b.Winterfield Road. If approved by VDOT, landscaping and ornamental features shall be installed within the round-about on Winterfield Road. (P) (CPC)17.Street Lights. Decorative goose neck street lights will be provided along the Property boundary as it adjoins Winterfield Road and Midlothian Turnpike with a spacing of approximately 80 feet on center. Goose neck street lights will also be provided along those internal roads designated on the Concept Plan as “WESTERN ENTRANCE ROAD”, “MAIN STREET”, and “SHARED ENTRANCE ROAD”. The specific light fixture and spacing shall be approved by the Planning Director in conjunction with plan approval. The installation of the street lights may be phased as approved by the Planning Director based on the extent of the plan approval. (P) (CPC)18.Drainage Easement. To the extent that it is within the property subject to this case, and within 30 days of a request by the Environmental Engineering Department, the existing 16 foot drainage easement as shown on the plat by Jordan Consulting Engineers, dated January 19, 1993, as revised on March 26, 1993, shall be recorded as an easement dedicated to the County of Chesterfield on its present alignment or an altered alignment which is satisfactory to the County of Chesterfield. (EE) 2615SN0656-2016JAN27-BOS-RPT ATTACHMENT 2 TEXTUAL STATEMENT Last revised November 24, 2015 Re: Request to rezone property from C-3 with a Conditional Use Planned Development to C-3 with a Conditional use Planned Development. This Textual Statement shall include the following exhibits which by this reference are made a part hereof: Exhibit ‘A’ – “CONCEPTUAL PLAN FOR REZONING WINTERFIELD CROSSING”, prepared by AES and dated May 5, 2015, and last revised October 19, 2015 (the “Concept Plan”). Exhibit B.1 Elevations entitled “EXHIBIT B.1”, prepared by Perretz & Young and dated October 19, 2015. Exhibit B.2 Elevations entitled “EXHIBIT B.2”, prepared by Perretz & Young and dated October 19, 2015. Exhibit B.3 Elevations entitled “EXHIBIT B.3”, prepared by Perretz & Young and dated October 19, 2015. Exhibit B.4 Elevations entitled “EXHIBIT B.4”, prepared by Perretz & Young and dated October 19, 2015. Exhibit C Elevations entitled “MIDLOTHIAN TOWN CENTER APARTMENTS, MIDLOTHIAN, VIRGINIA” prepared by Winks, Snowa Architects, and dated August 20, 2008, and last revised December 9, 2008, containing Sheets A2.01-A2.12. Development of the Property shall comply with the Zoning Ordinance requirements except as outlined herein. I.General Requirements: A.Concept Plan Requirements. The site shall be designed as generally depicted on the Concept Plan (Exhibit A). However, the exact location of buildings, drive areas and parking may be modified provided that the general intent of the Concept Plan is maintained with respect to location of uses, internal road network and pedestrian environment. Development shallbe divided into four (4) tracts as follows: i.Tier I – Community Business Tier – That area of the site identified on the Concept Plan as having buildings labeled as “Tier I”. 2715SN0656-2016JAN27-BOS-RPT ii.Tier II – Neighborhood Business Tier –That area of the site identified on the Concept Plan as having buildings labeled as “Tier II”. iii.Tier III – Multi-Family Tier –That area of the site identified on the Concept Plan as “Tier III”. iv.Tier IV – General Commercial Tier –That area of the site identified on the Concept Plan as having buildings labeled as “Tier IV”. B.Setbacks. All structures, parking areas, drive aisles and access roads (other than as shown on the Concept Plan as connecting to Midlothian Turnpike or Winterfield Road) shall (i) not have any setback requirements from interior property lines or the western exterior property line, and (ii) be setback a minimum of (a) fifty (50) feet from Midlothian Turnpike, and (b) five (5) feet from Winterfield Road. C.Signage. All signage on the site shall comply with the Zoning Ordinance, except that: i.Two freestanding signs shall be permitted along Midlothian Turnpike, with one at each entrance to the development. One such sign shall be a maximum of 25 feet in height and with a maximum of 250 square feet of sign area. The second such sign shall be a maximum of 8 feet in height with a maximum of 50 square feet of sign area. ii.One freestanding sign shall be permitted at the entrance along Winterfield Road. Such sign shall be a maximum of 8 feet in height and with a maximum of 75 square feet of sign area. iii.Such signs shall be located and shall have an architectural style as approved by the Director of Planning at the time of plan approval and shall include various building elements and materials consistent with those used on the buildings within the development. D.Screening. Drive-in windows and any service/wash/bay doors for any automobile related or similar uses shall be screened to reduce visibility from public streets. This screening shall be accomplished by building design, the use of durable architectural walls or fences with materials and a design compatible to the principal buildings, and berms or other landscaping features. Such screening shall be approved by the Planning Department in conjunction with plan approval. 2815SN0656-2016JAN27-BOS-RPT II.Tier I – Community Business Tier: A.Uses. i.Except for the uses listed below, which shall be prohibited, permitted uses within the Community Business Tier shall be limited to uses permitted by right, or with restrictions, in the Community Business (C3) District: a.Automobile sales and rental, including consignment lots b.Commercial kennels c.Funeral homes or mortuaries d.Halfway Houses e.Hospitals f.Indoor or outdoor flea markets g.Material reclamation and recycling centers h.Motorcycle, Go Cart, All-Terrain Vehicle, or similar type vehicle track or operation i.Veterinary hospital with outside runs ii.The following uses otherwise permitted in the Community Business (C-3) District shall be restricted within the Community Business Tier as described below: a.Automobile service station shall be permitted so long as any vehicular bay doors do not face Midlothian Turnpike and are screened from view from Midlothian Turnpike as approved by the Planning Department in conjunction with plan approval. b.Gasoline sales incidental to a permitted use shall be permitted so long as any support columns for any gasoline and other canopies include a base and capital and incorporate masonry materials compatible with the principal building. Any fuel pump area shall be completely covered by a canopy. Precipitation off the canopy shall not drain into the fueling area. All drainage from the fueling area and the area of tractor trailer offloading of fuel shall drain through an oil/grit separator then to a system designed to remove petroleum products. c.Automobile wash as a primary or accessory use, screened as set forth herein. B.Architecture. Buildings within the Community Business Tier shall be generally compatible with respect to building materials and architectural style with the elevations shown on Exhibit B.1 and Exhibit B.2 and as “BUILDING ONE –COLOR 2915SN0656-2016JAN27-BOS-RPT ELEVATION” and “BUILDING TWO – COLOR ELEVATION” on Exhibit B.4. All buildings within the Community Business Tier shall incorporate equal four sided architecture such that no building exterior (whether front, side or rear) shall consist of inferior materials or be inferior in quality, appearance or detail to any other exterior of the same building. C.Building Heights. All buildings within the Community Business Tier that front along Midlothian Turnpike shall be a maximum of the lesser of two and one half stories or 36 feet in height. D.Tenant size. No individual tenant in the Community Business Tier shall exceed 50,000 square feet of gross floor area, and only one tenant shall exceed 30,000 square feet of gross floor area. III.Tier II – Neighborhood Business Tier: A.Uses. Except for the uses listed below, which shall be prohibited, permitted uses within the Neighborhood Business Tier shall be limited to uses permitted by right, or with restrictions, in the Neighborhood Business (C-2) District: i. Automobile sales and rental, including consignment lots ii. Commercial kennels iii. Funeral homes or mortuaries iv. Halfway Houses v. Hospitals vi. Indoor or outdoor flea markets vii.Automobile wash viii. Motorcycle, Go Cart, All-Terrain Vehicle, or similar type vehicle track or operation ix. Veterinary hospital with outside runs x. Automobile service station xi.Gasoline sales B.Architecture. Buildings within the Neighborhood Business Tier shall be generally compatible with respect to building materials and architectural style with the elevations shown on Exhibit B.3 and as “BUILDING THREE –COLOR ELEVATION” on Exhibit B.4. All buildings within the Neighborhood Business Tier shall incorporate equal four sided architecture such that no building exterior (whether front, side or rear) shall consist of inferior materials or be inferior in quality, appearance or detail to any other exterior of the same building. All buildings shall incorporate equal four sided architecture such that no building exterior (whether front, side or rear) shall consist of inferior materials or be inferior in quality, appearance or detail to any 3015SN0656-2016JAN27-BOS-RPT other exterior of the same building. C.Tenant sizeand Building Height. No individual building in the Neighborhood Business Tier shall exceed 10,000 square feet of gross floor area.No building within the Neighborhood Business Tier shall exceed two stories. IV.Tier III – Multi-Family Tier: Development in the Multi-Family Tier shall comply with the RMF Standards except as outlined herein. A.Uses. Permitted uses within the Multi-Family Tier shall be limited to uses permitted by right or with restriction in the Residential Multi-family (R-MF) District. B.Architectural treatment. The architectural treatment of and exterior materials for any buildings within the Multi-Family Tier shall be similar in quality to the architectural elevations as shown on Exhibit C and as approved by the Planning Commission at the time of plan approval. C.Development Standards. i.Area. The Multi-Family Tier shall contain a maximum of 7.62 acres. ii.Height. No building within the Multi-Family Tier may exceed a height of 50 feet or 4 stories. iii.Dwelling Units Allocation. No more than 42 dwelling units shall be permitted on any one floor level of a building on the Multi-Family Tier, with no more than 175 dwelling units per building. iv.Setbacks and Location. Buildings within the Multi-Family Tier shall not be required to front internal roads and shall be located at least 5 feet from any parking space. Buildings shall be set back a minimum of 10 feet from interior private driveways/drive aisles. V.Tier IV – General Commercial Tier: A.Uses. Uses within the General Commercial Tier shall be limited to those uses permitted by right or with restrictions in the Corporate Office (O-2) and Neighborhood Business (C-2) Districts, except as further allowed or restricted herein. Fast food restaurants shall be permitted except there shall be no drive thru permitted. The following uses shall be prohibited in the General Commercial Tier: 3115SN0656-2016JAN27-BOS-RPT i. Automobile sales and rental, including consignment lots ii. Commercial kennels iii. Funeral homes or mortuaries iv. Halfway Houses v. Hospitals vi. Indoor or outdoor flea markets vii.Automobile wash viii. Motorcycle, Go Cart, All-Terrain Vehicle, or similar type vehicle track or operation ix. Veterinary hospital with outside runs x.Automobile service station xi.Gasoline sales B.Architectural treatment. The architectural treatment of, and exterior materials for, any buildings within the General Commercial Tier shall be generally compatible with the development on the adjacent parcel designated as GPIN 725-709-7211. At the time of construction, if GPIN 725-709-7211 is vacant (other than currently existing structures), buildings shall be generally compatible with the then approved architectural standards for such adjacent property. The exact design and materials shall be approved by the Planning Department in conjunction with plan approval. C.Tenant size. No individual building within the General Commercial Tier shall exceed (i) 15,000 square feet of gross floor area for a single story building or (ii) 20,000 square feet of gross floor area for a two story building. No building within in the General Commercial Tier shall exceed two stories. D.Building Location. Buildings shall be generally located such that no parking or drives are between the buildings and Winterfield Road; however, the location of the buildings, parking and drives may be modified as approved by the Planning Director at the time of plan approval. 3215SN0656-2016JAN27-BOS-RPT ATTACHMENT 3 EXHIBIT A CONCEPTUAL PLAN FOR WINTERFIELD CROSSING 3315SN0656-2016JAN27-BOS-RPT ATTACHMENT 4 EXHIBITS B-1, B-2, B-3 and B-4 ARCHITECTURAL ELEVATIONS FOR TIERS I AND II 3415SN0656-2016JAN27-BOS-RPT 3515SN0656-2016JAN27-BOS-RPT 3615SN0656-2016JAN27-BOS-RPT 3715SN0656-2016JAN27-BOS-RPT ATTACHMENT 5 EXHIBIT C ARCHITECTURAL ELEVATIONS FOR TIER III 3815SN0656-2016JAN27-BOS-RPT 3915SN0656-2016JAN27-BOS-RPT 4015SN0656-2016JAN27-BOS-RPT 4115SN0656-2016JAN27-BOS-RPT 4215SN0656-2016JAN27-BOS-RPT 4315SN0656-2016JAN27-BOS-RPT 4415SN0656-2016JAN27-BOS-RPT 4515SN0656-2016JAN27-BOS-RPT 4615SN0656-2016JAN27-BOS-RPT 4715SN0656-2016JAN27-BOS-RPT 4815SN0656-2016JAN27-BOS-RPT 4915SN0656-2016JAN27-BOS-RPT ATTACHMENT 6 SUPPLEMENTAL PUBLIC FACILITIES STATISTICS Schools Currently Serving Area Watkins Midlothian Midlothian Elementary Middle SchoolHigh School School Capacity Categories Current and Projected 2014 1011818 124 1225 150681 1472156994 2 Figures 2015 1033-126 1206 - 80 1548- 99 2016 1051-128 1213 - 81 1591- 101 2021 1072-131 1211 - 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 Midlothian Fire Station, Company Number 5 EMS FacilityForest View Volunteer Rescue Squad LibraryMidlothian Parks & RecreationWatkins Annex Park, Mid-Lothian Mines Park 5015SN0656-2016JAN27-BOS-RPT