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15SN0656 CASE NUMBER: 15SN0656 APPLICANT: Marc Greenberg and Midlothian Land Partnership, LLC CHESTERFIELD COUNTY, VIRGINIA MIDLOTHIAN DISTRICT AND RECOMMENDATION Board of Supervisors Hearing: JUNE 28, 2017 Board of Supervisors Time Remaining: 365 DAYS ANDREW M. CONDLIN (804-977-3373) t: MARC GREENBERG (804-320-0442) Planning Department Case Manager: DARLA ORR (804-717-6533) 25.4 Acres 14200 Midlothian Turnpike 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. Ordinance exceptions are requested relative to setbacks, buffers, signs, parking and numbers of multi-family units per floor of a building. Notes: A. Conditions may be imposed or the property owner may proffer conditions. B. Proffered conditions, Textual Statement, and exhibits are located in Attachments 1-11 SUMMARY A development (Winterfield Crossing) which would include a mix of commercial, office and 250 senior multi-family residential units is planned. The applicants have offered quality architecture and site design to provide a pedestrian-focused development with seamless passage between uses, commercial uses fronting an internal main street, public gathering spaces, and pedestrian connections within the development and to adjacent properties. Quality materials and building finishes, tree-lined streets, a main street, a lakeside promenade and trails to serve as focal points for pedestrian activities, on-street parking, limits on tenant sizes and s. (Summarized on Pages 5-10). While the Transportation Department is not recommending construction of an additional lane along Route 60 for the property frontage, the applicant has proffered to contribute cash payments or construct a third lane along Route 60 across the property frontage impact on roads. Providing a FIRST CHOICE community through excellence in public service RECOMMENDATION DENIAL Proposal does not mitigate traffic impacts specifically attributable to the COMMISSION development Architectural treatment and project design inconsistent with village character PLANNING AND TRANSPORTATION APPROVAL While the multi-family residential use does not comply with the commercial uses recommended by the Comprehensive pedestrian-focused quality site and architectural plans would achieve a well- STAFF designed, unique and viable high quality place to enhance the community. The Plan encourages new high density and senior housing developments to be located in proximity to supporting office and commercial services. cash payments or constructing road improvements. SUMMARY OF IDENTIFIED ISSUES Department Issue The Public Facilities Plan identifies the need for one Neighborhood Park, 10 acres each, associated with a new Elementary School and four Community PARKS AND Parks, of 90 acres each, consisting of approximately 370 acres in total, all in RECREATION Midlothian; nearest this location. Land for these parks has not been acquired. 215SN0656-2017JUN28-BOS-RPT 315SN0656-2017JUN28-BOS-RPT Map 2: Comprehensive Plan MIDLOTHIAN AREA COMMUNITY PLAN Classifications: PLANNED TRANSITION, VILLAGE FRINGE AND SUBURBAN COMMERCIAL Planned Transition Area suggests development of office, medium density and personal service developed on a smaller scale with pedestrian design elements to transition from village Village Fringe Area suggests 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 service and 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 415SN0656-2017JUN28-BOS-RPT PLANNING Staff Contact: Darla Orr (804-717-6533) orrd@chesterfield.gov Zoning History Case Number Request Rezoning to Community Business (C-3) with Conditional Use Planned Development on 34.5 acres, of which the subject property is a part, to permit a mixed use development with commercial, office and multi-family residential use (on the portion of the 34.5 acres not included in this request). 03SN0316 Conditions of approval included a design manual intended to guide the Approved development with specific site and architectural elements outlined. Approved (5/2004) conditions also addressed tenant size; road improvements; maximum densities for uses (300,000 square feet of commercial use, 10,000 square feet of office use, 18,000 square feet of restaurant use and 251 apartment units); building heights; sidewalks; lighting; use locations, and provided for commercial uses along a main street Proposal According to the applicants, the development (Winterfield Crossing) is intended to host a community to live, work, shop and recreate. The development will focus on public gathering spaces and walkability; commercial uses fronting main street and the lake-front promenade; on-street parking; and quality -feel that reflects features of the Midlothian Village. The applicants propose commercial, office and multi-family residential uses as identified in the proffered conditions, Textual Statement and Exhibits A, B.1 B.6, C and D (Attachments 1 11). The Conceptual Plan divides the property into five (5) development tracts Exhibit A Attachment 3). Ordinance Exceptions Given their development proposal, the applicants are requesting exceptions to ordinance standards. The Comprehensive Plan encourages flexibility in typical zoning standards to encourage creative design and a quality development. The modifications requested to the standards of Emerging Growth and Village District Areas and Multi-family Residential (RMF) requirements are provided in the Textual Statement (Attachment 2) and outlined below: Exceptions to permit the multi-family residential use; numbers of multi-family units per floor; and multi-family project acreage Signage (see page 9) Reduced setbacks along the perimeter and throughout the development and reduced buffers Reduced numbers of parking spaces 515SN0656-2017JUN28-BOS-RPT Design Uses - Generally Permitted uses included uses permitted in the Community Business (C-3), Neighborhood Business (C-2), Corporate Office (O-2) and Multi-family Residential (RMF) Districts with specific uses identified for each Tier as outlined below. It is important to note that several automobile-oriented uses such as gasoline and automobile sales and rental, as well as more intense Community Business (C-3) uses, are not permitted. Limitations are established on drive-thru fast food restaurant uses. In addition, any drive-thru windows or vehicular bay doors cannot face Midlothian Turnpike and must be screened. (Textual Statement) Site Layout/Design Generally This mixed use project would be developed according to the Conceptual Plan (Exhibit A Attachment 3). As evidenced by this plan, the development is proposed with an integrated mixture of commercial/office and higher density residential uses with attention to design details important to quality mixed use developments: Public spaces, pedestrian areas/trails (open spaces designed with high visual interest and o amenities to encourage public gathering and overall walkability and bikeability throughout development and between adjacent developments) Sidewalks and crosswalks (along Midlothian Turnpike and Winterfield Road and internal to o project) Decorative pedestrian-scale goose neck streetlights (along Midlothian and Winterfield o Road and internal to project) Lake to be designed as an amenity, including fountain(s) o Landscaping throughout as required by ordinance and shown on Conceptual Plan and, if o approved, landscaping and ornamental features within the round-about on Winterfield Road Architectural Design - Generally Architectural designs include features of the Midlothian Village, and provide a variety of architectural elements, types, textures and colors, and common quality materials, finishes and styles (Exhibits B.1 C, Attachments 4 10). All buildings will incorporate 4-sided equal architecture with no building exterior inferior in materials, quality, appearance or detail to any other building side. Unless otherwi section below, buildings are limited to four (4) stories in height. In addition, buildings are designed to be comparable throughout the development and complementary to the surrounding community. Special Design Considerations By Tier Tier 1 Uses permitted in the Community Business (C-3) District except uses including, although o not exclusively, gasoline sales, automobile (including motorcycle) sales and rental, and consignment lots, flea markets, greenhouse, and veterinary hospital with outside runs are prohibited. An automobile service station and automobile wash (only incidental to a permitted use) o may be permitted provided bay doors do not face Midlothian Turnpike and are screened 615SN0656-2017JUN28-BOS-RPT No freestanding fast food drive-in/drive-thru restaurants and no gasoline sales to o discourage automobile oriented design Only 1 fast food restaurant with drive-in or drive-thru permitted per building and the o building must contain 3 or more tenants. Fast food restaurants without a drive-in or drive- thru would be permitted. Grocery use located on western edge of tier; additional landscaping and design to screen o loading dock/areas Reduced setbacks to increase presence along Midlothian Turnpike o Hedgerow and landscaping to reduce visibility of parking along Midlothian Turnpike o No tenant to exceed 50,000 square feet and only 1 tenant may exceed 30,000 square feet o Grocery store proposed at the western edge of Tier 1 would be consistent with Exhibits B.1 o and B.2 Attachments 4 and 5. Other buildings in Tier 1 would be consistent with Exhibits B.3 and B.4 Attachments 6 and o 7, except that facades of buildings facing Main Street will be designed with a storefront appearance (Exhibit B.5 Attachment 8) Tier 2 Uses permitted in the Neighborhood Business (C-2) and Corporate Office (O-2) Districts o except uses including, although not exclusively, gasoline sales, automobile (including motorcycle) sales and rental, and consignment lots, flea markets, greenhouse, and veterinary hospital with outside runs are prohibited. Commercial/office uses will front Main Street; include pedestrian entrances along Main o Street and no service or loading doors/areas along Main Street Designed to facilitate a pedestrian presence and on-street parking along Main Street o Buildings will be a minimum of two (2) stories or have a two-story façade and at least one o building will be a minimum of three (3) stories Buildings will be consistent with elevations shown on Exhibit B.6 Attachment 9 o Tier 3 Uses permitted in Multi-family Residential (RMF) District o Maximum of 250 apartments designated for senior occupancy permitted o Clubhouse and amenities to be provided prior to occupancy of 101 st unit and phased with o remainder of units Buildings close to and fronting internal roads o Pedestrian connections to commercial/office/recreational uses and amenities o Architectural design will be comparable with Exhibit C Attachment 10 (multi-family o development, known as Midlothian Towne Center Apartments, adjacent to the east of proposed development). Tier 4 Uses permitted in Neighborhood Business (C-2) and Corporate Office (O-2) Districts except o uses including, although not exclusively, gasoline sales, automobile (including motorcycle) sales and rental, and consignment lots, flea markets, greenhouse, and veterinary hospital with outside runs are prohibited Fast food restaurants without a drive-in or drive thru would be permitted (the only o permitted C-3 use) Buildings located so no parking and drives between buildings and Winterfield Road, unless o otherwise approved by the Planning Director Architectural design will be compatible with Exhibit C Attachment 10 (components of o multi-family development adjacent to the north of Tier 4) 715SN0656-2017JUN28-BOS-RPT Tier 5 Waterfront tier with lakeside promenade designed as a focal point to encourage o pedestrian activity Uses permitted in Neighborhood Business (C-2) and Corporate Office (O-2) Districts except o uses including, although not exclusively, gasoline sales, automobile (including motorcycle) sales and rental, and consignment lots, flea markets, greenhouse, and veterinary hospital with outside runs are prohibited The following would be permitted: fast food restaurants without a drive-in/drive-thru; o establishment with live entertainment and/or dancing (with or without alcohol sales); Craft brewery and tasting room, as permitted in the C-3 district; liquor store; and maximum 10,000 square foot consignment/second hand store. Architectural design compatible with consistent with Exhibits B.3 and B.4 Attachments 6 o and 7 Customer/guest entrances shall be provided along the facades of buildings facing the lake o (which may include patios and dining areas); no loading docks permitted on the building façade facing the lake Map 4: Tiers 3 and 4 - Architectural Compatibility With Adjacent Multi-family Development and Exhibit C Adjacent Multi-family development Elevations in Exhibit C 815SN0656-2017JUN28-BOS-RPT Signage Signs will comply with the Zoning Ordinance requirements unless otherwise provided for in the Textual Statement and Exhibit D Attachment 11. Current zoning conditions, approved in 2004, permit larger and additional signs as detailed in the chart below. Staff supports the signs proposed by the applicant which come closer in compliance with current ordinance regulations. FREESTANDING SIGNAGE Permitted By Within Village Outside Of Village Roads Current Proposal Current Zoning Area Area Three signs 1 at Primary Entrance - Two signs 1 at 250 Sq Ft & 25 Ft each entrance - Midlothian 32 Sq. Feet & 50 Sq. Feet & Tall and at 2 50 Sq. Feet & 15 Turnpike 8 Feet Tall 15 Feet Tall Secondary ft. Tall Entrances 50 Sq Ft & 8 Ft Tall 30 Sq. Feet & 30 Sq. Feet & 10 Feet Tall 10 Feet Tall Unless within 300 Unless within 300 1 sign - 75 Sq. 2 signs - 10 Sq. Winterfield Road Feet of R or A Feet of R or A Feet & Feet & 8 Feet then reduced to then reduced to 8 Feet TallTall 10 Sq. Feet & 10 Sq. Feet & 8 Feet Tall 8 Feet Tall Additional signage is proposed: Residential community identification Outparcel identification Internal signs Building mounted signage Replacement of the sign for mini-storage facility on Tax ID 724-709-0346 (adjacent property to the west of the subject property) See map below Map 4: Replacement Sign for Mini-Storage to West (Tax ID 724-709-0346) Providing replacement sign for mini-storage located here 915SN0656-2017JUN28-BOS-RPT COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804) 748-1037 banksj@chesterfield.gov In accordance with the Zoning Ordinance, a traffic impact analysis (TIA) is necessary to assist in evaluating the impact of a development of this magnitude. The applicant submitted a traffic impact analysis that analyzed a specific development density with presumed road improvements, based on an anticipated 20-year traffic forecast. The applicant has committed to a maximum commercial and residential development (Proffered Condition 9 and Textual Statement IV. C. iii). Based on the trip generation rates for the maximum development density (11,000 square feet of Day Care Center, 5,000 square feet of Medical Office, 36,600 square feet of Retail, 18,100 square feet of Supermarket, two 5,500 square feet High-Turnover Restaurants, a 4,000 square feet Fast-Food Restaurant, and 250 Senior Adult Housing-Attached residential units), the proposed development could generate approximately 11,200 average daily trips. Traffic generated by development of the property would be initially distributed along Winterfield Road and Midlothian Turnpike. Winterfield Road is a collector road with a recommended right of way width of 70 feet, as identified Thoroughfare Plan. Winterfield Road is a two-lane road. Sections of the road have been improved and realigned in conjunction with residential development. Winterfield Road is condition. Midlothian Turnpike is identified on the County Thoroughfare Plan as a major arterial with a recommended right of way width of 120 to 200 feet. Midlothian Turnpike is a four-lane divided roadway. In 2015, the traffic count on Midlothian Turnpike between Route 288 and Winterfield Road was 35,855 vehic Section 19.1-231 of the County Code outlines the general requirements to meet the needs of the traffic generated by a proposed development, including acceptable levels of service. The proposed mixed-use development would contribute to an identifiable need for transportation and access improvements. The applicant has offered: Vehicular Access Control (Proffered Conditions 2, 3 and 4) Access easements to be recorded from Winterfield Road and/or from Midlothian Turnpike to permit vehicular access to adjacent parcels (Tax IDs 725-709-7211 and 725-709-5083). Access to Winterfield Road limited to one (1) entrance/exit at the existing roundabout on Winterfield Road. Access to Route 60 limited to two (2) entrances/exits. The eastern access will align with the existing crossover on Route 60 located just west of the Winterfield Road/Le Gordon Drive/Route 60 and limited to left and right-turns-in and right-turns-out only. The western access will align with the existing crossover on Route 60 that aligns Old Otterdale Road. Road Improvements (Proffered Condition 6) Additional pavement along Route 60 at both the eastern and western access to Route 60 to provide separate right turn lanes for both accesses and 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. 1015SN0656-2017JUN28-BOS-RPT Additional pavement along Route 60 at the existing crossover that serves the eastern access to provide an adequate left turn lane. A large 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. Note: A right of way dedication proffer has been offered for the improvements identified above. The - developer may request that the county acquire such right of way as a public road improvement. All costs associated with the acquisition of the right of way will be borne by the developer. In the event the county chooses not to assist the developer in acquisition of the off-site right of way, the developer shall be relieved of the obligation to acquire the off-site right of way and shall provide the road improvements within available right of way. An amendment to the Midlothian Community Special Area Plan is being drafted. Preliminary discussions about the draft Plan suggest that the Village Core Area should be extended along Route 60 west of Winterfield Road, incorporating this property. Typical road improvements for development proposals within the existing Village Core Area are currently not recommended. Without improvements, roads within the Village Core Area are anticipated to become more congested. Based on the possibility of expanding the Village Core Area along with current practices/recommendations, staff has not recommended the developer provide an additional lane of pavement along Route 60. The property is within Traffic Shed 2, which encompasses the northwest area of the County, west of Huguenot Road and north of Midlothian Turnpike. Several roads in this part of the county have little or no shoulders, fixed objects (trees) adjacent to the edge of the pavement and poor vertical and horizontal alignments. The traffic volume generated from this proposed mixed-use development will contribute to an identifiable need for transportation facility improvements to these roads in excess of existing transportation facility capacity. Roads in this shed or which serve this shed need to be improved or widened to address safety and accommodate increased traffic, including the increased traffic from the proposed development. residential transportation network through dedication of property, construction of road improvements, or a cash proffer. If an applicant elects to offer cash to address the proposed residential road transportation network, Transportation staff has calculated the average impact of a single-family dwelling unit on the transportation network to be $12,652; however, the Board of Supervisors has adopted a policy establishing that it would accept a maximum cash proffer of $9,400 per dwelling unit as addressing the traffic impacts of residential development, with all of the funds to be dedicated towards improvements to the road network. The Policy allows the county to consider mitigating circumstances about a proposed development. In this case, the residential development is limited to age-restricted multi-family units, which generate approximately 31% of the traffic of single-family dwelling units. Because of this, the traffic impact could be addressed with $2,914 (31% of $9,400) per dwelling unit. The applicant has proffered to pay $2,924 per dwelling unit or construct an additional lane of pavement along Route 60 for the entire property frontage (Proffered Condition 8). The total impact of the proposed residential development under the Road Cash Proffer methodology is $728,500 (250 x $2,914) compared to the estimated cost of $1,714,347 for the Route 60 road improvements. It should 1115SN0656-2017JUN28-BOS-RPT be noted, however, that the actual cost to provide these improvements could be more or less than this amount. Staff supports the request. 1501 14010 1421 1420 1410 1406 1400 14000 1699 1424 1320 1310 14030 14040 14050 14060 14070 14020 14080 1300 TAX ID 725-709-5083 14010 14001 14000 1218 12121237 1206 1200 1231 1201 14001 1219 1225 1207 1213 14021 14011 14242 1109 13941 CASE 15SN0656 14012 1101 1105 TAX ID 725-709-7211 14236 14006 14018 14004 14024 14290 14286 14000 14030 14010 14022 14028 14008 13921 14111 1416114151 14201 14291 14301 14101 151 200 VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Jonathan Phillippe (804-674-2560) jonathan.phillippe@vdot.virginia.gov Access Management (24VAC30-73) Location of proffered access points and signal as depicted on Exhibit A (dated 10-4-16) are acceptable to the Department. The access locations are grandfathered through the previous zoning case and not subject to compliance with Regulation spacing standards. Summary The applicant submitted a traffic study evaluating turn lane and signal warrants for VDOT consideration. The Department concurred with the study findings in November of 2015 supporting signal warrants being met in 2035 and verification of turn lane warrants/capacity. All proffered transportation improvements will be evaluated by the Department through the County site plan review process. 1215SN0656-2017JUN28-BOS-RPT FIRE SERVICE Staff Contact: Anthony Batten (717-6167) battena@chesterfield.gov Mission 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. Response Times The proposed development is located in the urban response zone for which Fire & EMS has a goal of responding to at least 90% of the calls for service in under seven (7) minutes. Fire and EMS is currently unable to meet that goal. Nearby Fire/EMS Facilities The Midlothian Fire Station, Company Number 5 The Forest View Volunteer Rescue Squad Anticipated Fire & EMS Impacts/Needs Based on an average of .1 calls per dwelling, it is estimated that this development will generate 25 annual calls for Fire/EMS services. 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. 1315SN0656-2017JUN28-BOS-RPT SCHOOLS Staff Contact: Atonja Allen (804-318-8740) atonja_allen@ccpsnet.net Mission 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. Capital Improvements The School Board FY2017 adopted Capital Improvement Plan (CIP) continues to support the 2013 voter approved school revitalization program that will replace or renovate ten schools and construct one new elementary school to add capacity in the Midlothian area of the county. The ten existing facilities that are part of the revitalization program are Providence Middle School, Monacan High School, Manchester Middle School, Beulah Elementary School, Enon Elementary School, Matoaca Elementary School, Harrowgate Elementary School, Reams Elementary School, Crestwood Elementary School, and Ettrick Elementary School. The project at Providence Middle School is currently in construction, a new Manchester Middle School is planned for construction on the existing school site, and the project at Monacan High School is complete. Additional information on the CIP can be found in the financial section of the CCPS Adopted Budget for FY2017. Anticipated School Impacts Enrollment Anticipated Schools Percent of Functional Number of Current Student Yield by Currently Serving Total Capacity Trailers Enrollment School Type Area Functional Capacity Elementary - Watkins 940 3 1071 114 Middle - Midlothian 1503 3 1245 83 High - Midlothian 1597 0 1499 94 Total \[1\] - Note: Based upon average number of students per multi-family dwelling unit countywide at 0.33 students per unit. \[1\] Additional Schools Comments After review of this request for 250 age-restricted multi-family dwelling units, the proposed rezoning case may have minimal impact on school facilities. Recent research on the actual student yield from age- restricted housing reported in April 2016 revealed that there was a small yield (four elementary students out of the total school population) from all age-managed dwelling units. It is possible however, that over time this case combined with other proposed residential developments and other zoning cases in the area will continue to push schools to their capacity and therefore impact the capacity of facilities division-wide. 1415SN0656-2017JUN28-BOS-RPT PARKS AND RECREATION Staff Contact: Stuart Connock (804-751-4484) ConnockS@chesterfield.gov Mission The County supports a high-quality park system to provide residents and visitors with equitable access to active and passive recreation opportunities. The 2012 level of service is 5.9 acres of regional, community and neighborhood parkland per 1,000 persons whereas the target level of service is 9 acres per 1,000 persons. Nearby Parks Facilities \[within 3 mile radius\] Midlothian Mines Park Watkins Annex Park Elementary School Athletic Areas Middle School Athletic Areas High School Athletic Area Public Facilities Plan The Public Facilities Plan identifies the need for one Neighborhood Park, 10 acres each, associated with a new Elementary School and four Community Parks, of 90 acres each, consisting of approximately 370 acres in total, all in Midlothian; nearest this location. Land for these parks has not been acquired. LIBRARIES Staff Contact: Jennifer Stevens (751-4998) stevensj@chesterfield.gov Mission 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. Nearby Libraries Midlothian 1515SN0656-2017JUN28-BOS-RPT UTILITIES Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov in the chart below: Water and Wastewater Systems Currently Size of Existing Line Connection Required by County Code Serviced Water No 24 Yes Wastewater No 8 Yes The request will have a minimal impact on the public water and wastewater systems. Map 5: Existing Water & Wastewater Systems 1615SN0656-2017JUN28-BOS-RPT ENVIRONMENTAL ENGINEERING Staff Contact: Rebeccah Ward (748-1028) wardr@chesterfield.gov Issue Discussion/Conditions Property drains to existing BMP approved with a previously Geography approved 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 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 9 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 13 1715SN0656-2017JUN28-BOS-RPT CASE HISTORY Applicant Submittals 5/11/2015 Application 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 5/12, 7/28, Revised proffered conditions and Textual Statement were submitted 12/5/2016 1/5, 1/12, Revised proffered conditions, Textual Statement and exhibits were submitted 1/13, 1/20, 3/7, 6/14, 6/15, and 6/20/2017 Community Meetings 6/22/2015 Discussion Market for additional grocery stores Traffic, stoplights and 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 lighting and 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 1815SN0656-2017JUN28-BOS-RPT Importance of 4-sided pedestrian access to business success Prefer higher end businesses 12/5/2016 Discussion Applicants have modified design and architecture Road improvements will be required, including right turn lane onto Winterfield Road Apartments will be similar in architecture as Midlothian Town Center Apartments which are being developed in accordance with existing zoning conditions Concern development will not comply with pattern book approved under the existing zoning; does not have a village feel Concern development would not be pedestrian friendly; lacks connectivity Development would be more pedestrian friendly than other developments in village Effects of parallel parking on pedestrian safety Proposed architecture compliments industrial history of area Lack of cohesion between tiers Midlothian Turnpike traffic creates an issue for offering transition out of village; transition in tiers within development Support more modern look for buildings than Colonial-style buildings Prefer higher end businesses Market for another grocery store in area Signalized crosswalks are needed on Midlothian Turnpike 6/21/2017 Meeting Scheduled Planning Commission Meetings 7/23/2015 Action 10/20/2015 Action DEFERRED TO NOVEMBER 17, 2015 ON COMM 11/17/2015 Citizen 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 1915SN0656-2017JUN28-BOS-RPT Project is walkable and would increase tax base Commission Discussion With reduced density, this case would provide less traffic daily 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 12/16/2015 Action DEFERRED TO 1/27/2016 Action Planning Commission 4/21/2016 Action DEFERRED TO JUNE 21, 2016 ON COMMISSI 6/21/2016 Action DEFERRED TO AUGUST 16, 2016 8/16/2016 DEFERRED TO OCTOBER 18, 2016 10/18/2016 DEFERRED TO JANUARY 17, 2017 1/17/2017 Citizen Comments: Several citizens spoke in favor of and in opposition to the request. Those in favor noted the request offered: A convenient, walkable and attractive project o A true mixed use development with a small-scale, village feel o Employment opportunities o Removal and replacement of blighted buildings o Tax revenue with no school impacts o Those in opposition noted: Project would add to traffic congestion o Encouraged support for area rail o While offering a neutral position, the Village of Midlothian Volunteer 2015SN0656-2017JUN28-BOS-RPT Coalition (VMVC) president expressed support for existing zoning conditions the group negotiated with the 2004 rezoning; thanked the applicants for working with the VMVC; and, in response to a question from Mrs. Freye, noted concerns with the current proposal relative to internal traffic design, lack of homogenous architectural style and piecemeal design quality. Commission Discussion: Mr. Jones noted that following the Boaremand of the case, he had numerous meetings with the applicants in which he conveyed the importance of the 2004 pattern book in creating a project with a relationship to Midlothian Turnpike, locating buildings close to the road. He added that as presented, the project does not have a relationship to this corridor nor to the interior project road, and the buildings within the proposed development tiers do not relate to appropriate transition to the village nor meet community expectations. Through questions of staff, the Commission noted: No age-restriction for residential uses above retail No commitment for a maximum level of development to insure mitigation of traffic impacts Support for community concerns regarding proposed architecture Recommendation - DENIAL Motion: Jones Second: Jackson AYES: Sloan, Jackson, Freye, Jones and Wallin Board of Supervisors 2/22/2017 Action DEFERRED TO APRIL 26, 2017 ON ITS OWN MOTION WITH THE 4/26/2017 Action DEFERRED TO JUNE 28, 2017 ON ITS OWN MOTION WITH THE The Board of Supervisors on Wednesday, June 28, 2017, beginning at 6:00 p.m., will consider this request. 2115SN0656-2017JUN28-BOS-RPT ATTACHMENT 1 PROFFERED CONDITIONS June 20, 2017 Note: Staff recommends acceptance of the following proffered conditions, as offered by the applicant. 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: 1.Master Plan. The Textual Statement last revised June 20, 2017 shall be considered the Master Plan. (P and BI) 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) 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) 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 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 east-west main street. 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) 2215SN0656-2017JUN28-BOS-RPT 5.Burning ban. The Developer shall not use burning to clear or timber the Property. (F) 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, to provide separate right turn lanes for each such access. b.Construction of additional pavement along the westbound lanes of Midlothian Turnpike at the Winterfield Road intersection, to provide a separate right turn lane for such access. c.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. d.Construction of additional pavement along the eastbound lanes of Midlothian Turnpike at the existing crossover that serves the eastern access from Midlothian Turnpike into the Property to provide an adequate left turn lane. e.Construction of a raised median within the eastern access from Midlothian Turnpike into the Property to preclude vehicles exiting the Property from traveling east on Midlothian Turnpike. f.Full cost of traffic signalization of the western access/Old Otterdale Road/Midlothian Turnpike intersection, if warranted, as determined by the Transportation Department. g.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 --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 ha- -of-way, the developer shall only be required to provide road improvements within available right-of-way as determined by the Transportation Department. (T) 7.Road Improvement Phasing. Prior to any site plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 6, shall be submitted to and approved by the Transportation Department. (T) 8.Road Cash Proffer. The Developer shall elect to: a. Pay $2,914 per dwelling unit to the County of Chesterfield for road improvements within the service district for the property. Each payment shall be made prior to the 2315SN0656-2017JUN28-BOS-RPT issuance of a building permit for a dwelling unit unless state law modifies the timing of the payment; or b. Construct a third westbound lane of Midlothian Turnpike along the entire frontage of the Property. Prior to the issuance of a certificate of occupancy for any dwelling unit, this improvement shall be completed as determined by the Transportation Department. Prior to any site plan approval for any residential development, the Developer shall notify the County as to which item above (a or b) shall be accomplished. (T) 9.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 11,000 square feet of Day Care Center, 5,000 square feet of Medical-Dental Office, 36,600 square feet of Shopping Center, 18,100 square feet of Supermarket, two 5,500 square feet High-Turnover Sit-Down Restaurants, 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 592 AM th peak hour trips and 921 PM peak hour trips, as determined by the 9 Edition of the ITE Code and/or based on actual traffic information submitted to and approved by the Transportation Department. (T) 10.Open Space/Pedestrian Areas public spaces 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 areas, trails, walks and amenities shall also be provided throughout the development as generally shown on the Concept Plan to provide pedestrian connectively throughout the entire development and in particular between buildings, all 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) 11.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 construction is in conformance with the design as contained in the approved site plan entitled PR0231. 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, which shall include fountain type aerators, unless specifically prohibited or 2415SN0656-2017JUN28-BOS-RPT restricted by law or government regulation, as determined by Environmental Engineering. (P and EE) 12.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 development in the locations and constructed of decorative materials as generally shown on the Concept Plan. (P and T) 13.Landscaping and Buffers. a.Midlothian Turnpike. A buffer of at least fifteen (15) in width and containing a continuous hedgerow a minimum of 3 feet in height shall be installed along Midlothian Turnpike as approved by the Planning Director at the time of plan approval. b.Winterfield Road. If approved by the Planning Director and VDOT, landscaping and ornamental features shall be installed within the round-about on Winterfield Road. (P) 14.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 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) 15.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) 2515SN0656-2017JUN28-BOS-RPT ATTACHMENT 2 TEXTUAL STATEMENT June 20, 2017 Textual Statement Winterfield Crossing Case Number 15SN0656 Last Revised June 20, 2017 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 B.1 September 7, 2016. Exhibit B.2 and dated December 1, 2016. Exhibit B.3 December 1, 2016. Exhibit B.4 Exhibit B.5 d dated June 1, 2017. Exhibit B.6 Exhibit C IAN TOWN CENTER APARTMENTS, MIDLOTHIAN, December 9, 2008, containing Sheets A2.01-A2.12. Exhibit D The development is intended to host a community to live, work, shop and recreate. Seamless transitions from the commercial areas to the main streets, public common spaces, senior housing and even to the adjacent properties shall be provided as generally shown on the Concept Plan. Winterfield Crossing is a mixed use community with a focus on public gathering spaces and pedestrian 2615SN0656-2017JUN28-BOS-RPT -rial and finishes and its connection between all aspects of the project, while mirroring a design style similar to the Midlothian Village. Architectural styles reflect the design features of the Midlothian Village by providing a variety of architectural features, buildings types, textures, uses, and colors, as well as a commonality of quality material, finishes and styles as generally reflected by this Textual Statement. 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 areas 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 criteria shall be divided into four (4) tracts as follows: i.Tier 1 Community Business Tier That area of the site identified on the ii.Tier 2 Neighborhood Business Tier That area of the site identified on the iii.Tier 3 Multi-Family Tier That area of the site identified on the Concept iv.Tier 4 General Commercial Tier That area of the site identified on the v.Tier 5 Waterfront Tier That area of the site identified on the Concept 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) 25 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: 2715SN0656-2017JUN28-BOS-RPT i.Signage Concepts: 1.Free standing project signage shall be generally consistent with the signage exhibits attached hereto as Exhibit D. ii.Mixed-Use Community Identification Signs: 1.One community identification sign shall be allowed on Midlothian Turnpike that is fifty (50) square feet of copy and a maximum of fifteen (15) feet in height. 2.One community identification sign shall be allowed on Winterfield Road that is ten (10) square feet of copy and a maximum of eight (8) feet in height. iii.Nonresidential Community Identification Signs: 1.One nonresidential community identification sign shall be allowed on Midlothian Turnpike that is fifty (50) square feet of copy and a maximum of fifteen (15) feet in height. 2.One nonresidential community identification sign on Winterfield Road shall be allowed that is ten (10) square feet of copy and a maximum of eight (8) feet in height. iv.Residential Community Identification Signs: 1.One residential community identification sign shall be allowed at each entrance to the residential project entrance that is thirty-two (32) square feet of copy and a maximum of fifteen (15) feet in height. 2.Two signs of the size set forth above in (iii)(1) above shall be permitted if each sign is attached to a decorative fence or wall located on opposite sides of the residential project entrance. v.Outparcel Signs: 1.Any of the individual buildings in Tier 1 may have a monument style sign of twenty (20) square feet of copy and a maximum of eight (8) feet in height visible along Midlothian Turnpike. 2.If a restaurant use is located adjacent to the lake, the user shall be entitled to either an individual outparcel sign on Midlothian Turnpike or a prominent location on the Nonresidential Community Identification Sign. vi.Internal Signs: 1.Internal directional signs not legible from Midlothian Turnpike may be constructed to help with internal wayfinding. 2815SN0656-2017JUN28-BOS-RPT vii.Building Mounted Signage: 1.One and one-quarter (1.25) square feet of signage copy for each One (1) lineal foot of building frontage with a minimum of twenty (20) square feet and a maximum of one hundred fifty (150) square feet shall be permitted. 2.Building frontages exceeding one hundred fifty (150) feet may increase the one hundred fifty (150) square foot maximum sign area by one (1) square foot of copy for each additional three (3) lineal feet of building frontage. 3.Individual sites or out parcels where freestanding signs are permitted and one is not installed, the building-mounted sign area may be calculated at one and three-quarters (1.75) square feet of copy for each One (1) lineal foot of building frontage. If individually mounted or painted letters are used the minimum area shall be increased to thirty (30) square feet of copy. 4.Such signs shall be located and shall have an architectural style generally compatible to conform with various building elements and site design. viii.Adjacent Property Signage: 1.A single freestanding sign may be placed within or adjacent to the western most entrance off of Midlothian Turnpike, such sign to be of an area and height not to exceed the area and height of the sign currently existing for the advertising of the business located on the parcel identified as GPIN 724709034600000. 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. E.Parking. (i) Parking for all uses within Tiers 1, 2, 4 and 5 shall be required to have a minimum of four (4) spaces per one thousand (1,000) square feet of rentable commercial space. Parking within Tier 3 shall be required to have a minimum of one (1) space for each dwelling unit. (ii) Parking spaces shall be provided pursuant to the provisions of I(E)(i) above 2915SN0656-2017JUN28-BOS-RPT based on the collective sum of the calculation of each such use. Such parking must be provided within the development as a whole but shall not be required on each parcel/site or within the Tier a use is located. Parking along any street or drive aisle within the project shall be counted towards the required parking. Through plan review, a reduction in the required number of spaces may be granted if it is determined by the Planning Department that uses will have different time demands, or sidewalks or pedestrian ways will be provided between uses. II.Tier 1 Community Business Tier: A.Uses. i.Except for the uses listed below, which shall be prohibited, permitted uses 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.Feed store e.Halfway Houses f.Hospitals g.Indoor or outdoor flea markets h.Laundromat i.Mortuary j.Motorcycle, Go Cart, All-Terrain Vehicle, or similar type vehicle track or operation k.Veterinary hospital with outside runs l.Greenhouse m.Gasoline sales ii.The following uses otherwise permitted in the Community Business (C-3) District shall be restricted 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.Automobile wash incidental to a permitted use shall be permitted so long as any wash 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. 3015SN0656-2017JUN28-BOS-RPT c.Any building with a fast food restaurant with drive in or drive through service shall be limited to one such drive in or drive through service for a fast food restaurant and may only be in a building with three or more tenant spaces. B.Architecture. Buildings shall be generally compatible with respect to building materials and architectural style with the elevations shown on Exhibit B.1, Exhibit B.2, Exhibit B.3, Exhibit B.4 and Exhibit B.5. 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 other exterior of the same building. C.Tenant Size. No individual tenant 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 2 Neighborhood Business Tier A.Uses. Uses shall be limited to those uses permitted by right or with restrictions in the Corporate Office (O-2) and Neighborhood Business (C-2) Districts. The following uses shall be prohibited: 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.Mortuary x. Veterinary hospital with outside runs xi. Automobile service station xii.Gasoline sales B.Architecture. Buildings shall be generally compatible with respect to building materials and architectural style with the elevations shown on Exhibit B.5. 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 other exterior of the same building. Any building adjoining Main Street shall (i) have at least one principal entrance facing Main Street and such building shall include fenestration facing Main Street as 3115SN0656-2017JUN28-BOS-RPT shown on Exhibit B.6, and (ii) not include loading docks or service doors facing Main Street. C.Building Height. i.Buildings shall be limited to four stories in height. ii.Buildings shall be a minimum of two stories or have a two-story façade, provided, there shall be no requirement for the second story to be occupied or built for occupancy, and further provided that at least one building shall be a minimum of three stories in height. IV.Tier 3 Multi-Family Tier: Development shall comply with the RMF Standards except as outlined herein. A.Uses. Permitted uses 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, exterior materials for and design elements of any buildings shall be similar in quality to the architectural elevations as shown on Exhibit C unless otherwise approved by the Planning Commission at the time of plan approval. The exact design and materials of any buildings within Tier 3 shall be approved by the Planning Commission in conjunction with plan approval. C.Development Standards. i.Area. Tier 3 shall contain a maximum of 7.62 acres. ii.Height. No building may exceed a height of four stories. iii.Residential density. There shall be a maximum of two hundred fifty (250) dwelling units within Tier 3. iv.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, any dwelling units within Tier 3 shall be Housing Law and no persons under 19 years of age shall reside therein. v.Setbacks and Location. Buildings 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. 3215SN0656-2017JUN28-BOS-RPT vi.Buffer. No buffer shall be required around the perimeter of Tier 3. D.Clubhouse and Amenities. Prior to the issuance of certificates of occupancy for more than one hundred (100) age-restricted 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. Prior to the issuance of certificates of occupancy for more than two hundred (200) age-restricted dwelling units, 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 gathering space 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 as set forth herein shall total a minimum of 5,000 square feet in area. V.Tier 4 General Commercial Tier: A.Uses. Uses shall be limited to the following: i.Uses permitted by right or with restrictions in the Corporate Office (O-2) District; ii.Uses permitted by right or with restrictions in the Neighborhood Business (C-2) Districts, except the following uses shall be prohibited: 1.Automobile sales and rental, including consignment lots 2. Commercial kennels 3. Funeral homes or mortuaries 4. Halfway Houses 5. Hospitals 6. Indoor or outdoor flea markets 7.Automobile wash 8. Motorcycle, Go Cart, All-Terrain Vehicle, or similar type vehicle track or operation 9. Veterinary hospital with outside runs 10.Automobile service station 11.Gasoline sales iii.Fast food restaurants shall be permitted except there shall be no restaurant drive in or drive thru permitted (provided a carry-out or pick-up area for a restaurant shall be permitted). B.Architectural treatment. The architectural treatment of, exterior materials for and design elements of any buildings shall be similar in quality to the architectural 3315SN0656-2017JUN28-BOS-RPT elevations as shown on Exhibit C. The exact design and materials of any buildings within Tier 4 shall be approved by the Planning Department in conjunction with plan approval. C.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. D.Building Height. i.Buildings shall be limited to four stories in height. ii.Buildings shall be a minimum of two stories or have a two-story façade, provided, there shall be no requirement for the second story to be occupied or built for occupancy. VI.Tier 5 Waterfront Tier Buildings within Tier 5 will be designed as a focal point of pedestrian activity along the lake. This area will encourage pedestrian activity along the lakeside promenade as shown on the Concept Plan. A.Uses. Uses shall be limited as follows: i.Uses permitted by right or with restrictions in the Corporate Office (O-2) District; ii.Uses permitted by right or with restrictions in the Neighborhood Business (C-2) Districts, except the following uses shall be prohibited: a. Automobile sales and rental, including consignment lots b. Commercial kennels c. Funeral homes or mortuaries d. Halfway Houses e.Hospitals f. Flea markets g.Automobile wash h. Motorcycle, Go Cart, All-Terrain Vehicle, or similar type vehicle track or operation i. Veterinary hospital with outside runs j.Automobile service station k.Gasoline sales ii.The following uses shall be permitted as restricted herein: 3415SN0656-2017JUN28-BOS-RPT a.Fast food restaurants except there shall be no restaurant drive in or drive thru permitted (provided a carry-out or pick-up area for a restaurant shall be permitted) b.Any establishment with live entertainment and/or dancing by the public regardless of whether alcoholic beverages are served c.Craft brewery or tasting room as permitted in the C-3 District d.Liquor store e.Consignment and second-hand store, including, but not limited to sports equipment sales, limited to no more than 10,000 square feet in area B. Architectural treatment. Buildings shall be generally compatible with respect to building materials and architectural style with the elevations shown on Exhibit B.3, Exhibit B.4 and Exhibit B.5. 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 other exterior of the same building. Any building within Tier 5 shall include at least one entrance for a customer or guest access point facing the water feature. Such customer entrance or guest entrance shall be permitted to include a secured or unsecured patio or dining area and such customer or guest entrance shall be permitted to be used as a service entrance. No loading docks shall be permitted on the side of the building facing the water feature. C. Building Height. Buildings shall be limited to four stories in height. 3515SN0656-2017JUN28-BOS-RPT ATTACHMENT 3 EXHIBIT A CONCEPTUAL PLAN FOR WINTERFIELD CROSSING 3615SN0656-2017JUN28-BOS-RPT ATTACHMENT 4 EXHIBIT B.1 BUILDING ELEVATIONS -GROCERY 3715SN0656-2017JUN28-BOS-RPT ATTACHMENT 5 EXHIBIT B.2 ARCHITECTURAL RENDERING -GROCERY 3815SN0656-2017JUN28-BOS-RPT ATTACHMENT 6 EXHIBIT B.3 BUILDING ELEVATIONS TIERS 1, 4 AND 5 3915SN0656-2017JUN28-BOS-RPT ATTACHMENT 7 EXHIBIT B.4 ARCHITECTURAL RENDERING TIERS 1, 4 AND 5 4015SN0656-2017JUN28-BOS-RPT ATTACHMENT 8 EXHIBIT B.5 FAÇADE FACING MAIN STREET TIER 1 4115SN0656-2017JUN28-BOS-RPT ATTACHMENT 9 EXHIBIT B.6 ARCHITECTURAL RENDERING TIER 2 4215SN0656-2017JUN28-BOS-RPT ATTACHMENT 10 EXHIBIT C MIDLOTHIAN TOWN CENTER APARTMENTSTIERS 3 AND 4 COMPARABLE 4315SN0656-2017JUN28-BOS-RPT 4415SN0656-2017JUN28-BOS-RPT 4515SN0656-2017JUN28-BOS-RPT 4615SN0656-2017JUN28-BOS-RPT 4715SN0656-2017JUN28-BOS-RPT 4815SN0656-2017JUN28-BOS-RPT 4915SN0656-2017JUN28-BOS-RPT 5015SN0656-2017JUN28-BOS-RPT 5115SN0656-2017JUN28-BOS-RPT 5215SN0656-2017JUN28-BOS-RPT 5315SN0656-2017JUN28-BOS-RPT 5415SN0656-2017JUN28-BOS-RPT ATTACHMENT 11 EXHIBIT D ENTRANCE SIGNAGE 5515SN0656-2017JUN28-BOS-RPT 5615SN0656-2017JUN28-BOS-RPT