18SN0833
CASE NUMBER: 18SN0833
APPLICANT: Jack R. Wilson, III
CHESTERFIELD COUNTY, VIRGINIA
CLOVER HILL DISTRICT
AND RECOMMENDATION
Board of Supervisors (BOS) Hearing:
SEPTEMBER 26, 2018
BOS Time Remaining:
365 DAYS
Applicant Contact:
JACK R WILSON, III (804-425-9474)
Planning Department Case Manager:
105.8 Acres 13400 Genito Road
DARLA ORR (804-717-6533)
REQUEST
Amendment of zoning approval (Case 16SN0704) relative to buffers, tree preservation,
landscaping, and discharge of recreational waters in a Regional Business (C-4) District.
Specifically, amendments are proposed to: Proffered Condition 17 to eliminate the prohibition on
discharge of pre-treated recreational waters into the public wastewater system; Textual
Statement Item V.C.4 to eliminate the buffer along Genito Place to accommodate an urban
streetscape design; Textual Statement VII.C to permit alternative landscape treatment within
Genito Road setbacks; and, Textual Statement Item VII.F.1 to modify the tree preservation and
landscaping requirements adjacent to Route 288 for the dam embankment.
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.Proffered condition, conditions, exhibits and approved zoning conditions are located in Attachments 1 - 5.
SUMMARY
A mixed-use development including recreational, retail, townhomes and multi-family residential
uses is proposed. Light Industrial uses are a permitted alternative if a specific part of the property
is not developed for townhome uses.
The Utilities Department has agreed that discharge of pre-treated recreational waters into the
public wastewater treatment system may be acceptable. A modification to Proffered Condition
17 is offered to remove the prohibition of this potential discharge, subject to approval by Utilities.
A water feature for the outdoor water park is planned on the portion of the property adjacent to
Route 288 at Genito Road (Conceptual Site Layout Attachment 3) within the required
landscaped setback and tree save area. Woody vegetation, which would likely compromise the
integrity of the dam embankment, is not permitted. Amendments to the Textual Statement Items
V.II.C and VII.F.1 are planned to eliminate the tree preservation area and allow alternative
landscape treatment within the Genito Road and Route 288 setbacks for the dam embankment.
Any other structures would be required to comply with the Ordinance relative to setbacks, tree
preservation and landscaping.
To accommodate an urban streetscape along Genito Place, where townhome units would front
the road and pedestrian amenities would be provided, amendment to Textual Statement Item
V.C.4 is proposed to eliminate the buffer along Genito Place.
Providing a FIRST CHOICE community through excellence in public service
RECOMMENDATION
PLANNING APPROVAL
COMMISSION
PLANNING APPROVAL
Modifications to existing zoning conditions relative to tree preservation,
landscaping and buffers offers flexibility in design to accommodate the water
park facilities and will allow for an urban design for mixing residential and
commercial uses.
STAFF
UTILITIES APPROVAL
With no changes to the use of public water with this request, the request is
limited
to the public wastewater system. Utilities supports this request.
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Comprehensive Plan
Classification: REGIONAL MIXED USE
The designation suggests the property is appropriate for an integrated mixture of corporate office,
commercial, light industrial/research and development and higher density residential uses with public
spaces.
Surrounding Land Uses and Development
Waterford
Single and multi-family Commercial outdoor
residential use; Colony recreational use; River
Village and Brandermill City Sports complex
Brandermill Trade
Clover Hill High
Center
School
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PLANNING
Staff Contact: Darla Orr (804-717-6533) orrd@chesterfield.gov
Zoning History
Case Number Request
Rezoning to permit mixed use development including townhomes, multi-
16SN0704
family residential, and recreational, retail and light industrial uses
Approved
Approval of a conditional use planned development provided for a design to
(1/2017)
accommodate the various uses (Existing Zoning Conditions Attachment 4)
Proposal
As the developers work through their site design, they determined some revisions to the
existing zoning conditions were necessary. Amendments are requested relative to recreational
water discharge (discussed in detail in the Utilities section), tree preservation, landscaping and
buffers.
The water feature for the outdoor water park is planned on the portion of the property
adjacent to Route 288 at Genito Road.
Area for potential
buffer reduction with
alternative design
Area of potential
alternative treatment
in Genito Rd setback
Area where dam
embankment encroaches
into setback and tree
preservation area
As planned, the dam embankment of the water feature/lake would be located in the setback
and tree preservation area along Route 288. The retention or planting of woody vegetation is
not permitted on the dam embankment since it would likely compromise the integrity of the
dam structure. The amendment to Textual Statement Item VII.F.1 is proposed to provide relief
to the landscaping and tree preservation only for the dam embankment. Any other structures
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would be required to comply with the Zoning Ordinance relative to setbacks, tree preservation
and landscaping. (Condition 3 - Attachment 2)
A portion of the water feature may also encroach into the setback along Genito Road (See
graphic on previous page). An amendment to the Textual Statement Item V.II.C is planned to
allow alternative landscape treatment within the Genito Road setback, as approved during
plans review. (Condition 2 Attachment 2)
To accommodate an urban streetscape along Genito Place (see graphic on previous page),
where townhome units would front the road and pedestrian amenities would be provided,
amendment to Textual Statement Item V.C.4 is proposed to eliminate the buffer along Genito
Place (Condition 1 Attachment 2). This urban design is not reflected in the Conceptual Site
Layout accompanying this case. An alternative design would be necessary to warrant the buffer
reduction. This design will be approved by the Planning Department at the time of plans
review.
UTILITIES
Staff Contact: Mike Larson (748-1338) larsonm@chesterfield.gov
Existing Water and Wastewater Systems
Currently Size of Closest Existing Connection Required by County
Utility Type
Serviced Lines Code
Water No Yes
Wastewater No Yes
Additional Utility Comments:
This property, previously zoned under case 16SN0704, requires mandatory connection for both
water and wastewater for domestic purposes which was previously proffered under Proffered
Condition 2. Proffered Condition 2 allows the use of non-potable water wells for outside
recreation and irrigation purposes only.
Case 16SN0704 was approved with Proffered Condition 17 which prohibited the discharge of
Recreational Waters and any treatment backwash by-product into the public wastewater
system as well as limitations to supplementing Recreational Waters with public water. The
applicant has requested modifying this condition to eliminate the prohibition of Recreational
Waters treatment systems backwash by-product into the public wastewater system. The
Utilities Department supports this request with the conditions that the backwash by-product be
of a quality and quantity subject to permitting of the Department. Information provided
anticipates the backwash water to be produced at an approximate maximum daily total of
15,500 GPD.
Additionally, the Utilities Department has reviewed the submitted first draft of the Recreational
Waters Standard Operating Procedures (SOP). The SOP supports the proffered conditions
related to the use of public water and wastewater and the Utilities Department is working with
the applicant to finalize items related to utilities within this document.
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It is noted that there are no changes to the use of public water with this rezoning request. This
treatment systems (aka backwash by-product) to the public wastewater system. The Utilities
Department supports this rezoning request.
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COUNTY TRANSPORTATION
Staff Contact: Steve Adams (804-748-1037) adamsst@chesterfield.gov
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Jonathan Phillippe (804-674-2560) jonathan.phillippe@vdot.virginia.gov
FIRE AND EMERGENCY MEDICAL SERVICES
Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov
PARKS AND RECREATION
Staff Contact: Stuart Connock (804-751-4484) connocks@chesterfield.gov
ENVIRONMENTAL ENGINEERING
Staff Contact: Rebeccah Ward (804-748-1028) WardR@chesterfield.gov
This request will not impact these facilities.
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CASE HISTORY
Applicant Submittals
5/31/18 Application submitted
6/1, 7/11 Proffered conditions, Textual Statement and an exhibit submitted
and
7/12/18
Planning Commission
7/17/18 Action
8/21/18 Citizen Comments:
No citizens spoke to this case.
Recommendation APPROVAL AND ACCEPTANCE OF THE PROFFERED
CONDITION IN ATTACHMENT 1 AND SUBJECT TO THE CONDITIONS IN
ATTACHMENT 2
Motion: Stariha Second: Freye
AYES: Jackson, Freye, Jones and Stariha ABSENT: Sloan
The Board of Supervisors on Wednesday, September 26, 2018, beginning at 6:00 p.m., will
consider this request.
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ATTACHMENT 1
PROFFERED CONDITION
July 12, 2018
Note: Both the Planning Commission and Staff recommend acceptance of the following
proffered condition, as offered by the applicant.
The property owner and applicant in this case, pursuant to Section 15.2-2298 of the Code of
Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves
and their successors and assigns, proffer t
will be developed according to the following proffers if, and only if, the request submitted
herewith is granted with only those conditions agreed to by the owner and applicant. In the
event this request is denied or approved with conditions not agreed to by the owner and
applicant, the proffers shall immediately be null and void and of no further force or effect.
With the approval of this request, Proffer No. 17 shall be amended to read as follows:
Use of Public Water and Wastewater
A.Public Water. The primary source of water for Recreational Waters shall be from
groundwater wells or storm water. The Recreational Waters may be supplemented with
public water in which case the use shall not be classified as a water dependent customer
and the maximum withdrawal rate could be limited as conditions dictate such as during
mandatory and emergency public water use restrictions.
B.Public Wastewater. Recreational Waters shall not be discharged into the public
wastewater system. Wastewater generated from the Recreational Waters treatment
system may be discharged into the public wastewater system and shall be of quality and
quantity as permitted by the Chesterfield County Utilities Department (Utilities). The
treatment system wastewater discharge shall be metered in a mutually agreeable
location and manner subject to the requirements of Utilities. (U)
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ATTACHMENT 2
CONDITIONS
Note: Both the Planning Commission and Staff recommend the following conditions.
1.With the approval of this request, Paragraph V.C.4 of the Textual Statement is amended
to read as follows:
Buffers. Required buffers shall be located in common area and comply with
requirements of the Zoning Ordinance for buffers. Buffers shall be provided along
Genito Place in accordance with the Zoning Ordinance for collector roads except that
the buffer along Genito Place shall be permitted to be eliminated to accommodate an
urban streetscape design, as determined by the Planning Department at the time of
plans review, where townhomes front Genito Place and the area is designed with
pedestrian connectivity/sidewalks, landscaping, street trees and other amenities to
provide the urban streetscape. Prior to the first plan approval in Tract B, a
commitment shall be made as to the development type for Tract C. If Tract C is
designated or used for industrial, a 100 foot buffer shall be provided in Tract B
adjacent to Tract C. If townhouse development abuts Light Industrial (I-1) zoning, a
100 foot buffer shall be provided within the townhouse tract adjacent to the I-1
zoning.
2.With the approval of this request, Paragraph VII.C of the Textual Statement is amended
to read as follows:
Tracts D and E Building and Parking Standards. In addition to the requirements of the
Zoning Ordinance for C-4 Districts in Emerging Growth Design Districts, the conditions
in specified in this section shall be met in Tracts D and E.
Tracts D and E- Building and Parking Required Conditions
A.Building Setbacks
(feet)\[1\] /Required Perimeter Landscaping
a.Limited access 40/C
b.Genito Road 50/C\[2\]
1.Road
type
c.Genito Place 30/A
d.Other roads 8\[3\]\[4\]
2.Yard adjacent to I-1 zoning 10/B
3.Interior side and rear yard 0
B.Parking Setbacks(feet)\[1\]/Required Perimeter Landscaping
a.Limited access 40/C
1.Road
b. Genito Road 50/C
type
c.Other roads 15\[5\]
2.Yard adjacent to I-1 zoning 10/B
3.Interior side and rear yard 0
C.Building Heights \[6\]
1. Hotel, office or building with mixed use of nonresidential Lesser of 6 stories or 85
and residential feet
Lesser of 4 stories or 52
2. Other
feet
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Notes for Tracts D and E Building and Parking Required Standards.
\[1\]Setbacks may be impacted by Setbacks-Generally, Permitted Yard Encroachments for Principal Buildings,
Floodplain and Chesapeake Bay regulations.
\[2\]Required Perimeter Landscaping may be modified with the approval of an alternative treatment by the
Planning Department during plans review in accordance with the notes associated with Table 19.1-251.B
of the Zoning Ordinance
\[3\]At least one principal building in a project shall be set back as follows:
75% or more of the façade shall have a maximum setback of 15 feet; or
if a hardscaped pedestrian area extending from that portion of the building set back greater than 15
feet to the required 8 foot setback line is provided, less than 75% of the façade, but in no case less
than 50% of the façade, shall have a maximum setback of 15 feet.
\[4\]Canopies and awnings that create pedestrian arcades shall be permitted to encroach into the required
setback and shall not be subject to the limits of Section 19.1-209.
\[5\]Parking shall be set back as follows:
no closer to the road than the rear of the building; or
if there is no building, the greater of either ½ the depth of the lot or no closer to the road than the rear
façade setback of the nearest building facing the road.
Views of parking from roads shall either be minimized by a building, or 3 to 4 foot high decorative walls,
fencing, evergreen hedges or a combination thereof. Hedges shall be maintained at a height of 3 to 4
feet. Walls, fencing and hedges shall be located as follows:
set back from the road at the minimum building setback; or
between the parking and any hardscaped pedestrian area located between the road and the parking
3. With the approval of this request, Paragraph VII.F.1 of the Textual Statement is
amended to read as follows:
Recreational Use Setbacks and Landscaping along Route 288. In addition to required
setbacks for buildings and parking from Route 288, all other uses shall be set back 40
feet from Route 288. Within this setback, tree preservation and landscaping as
required by the Zoning Ordinance shall be provided, except that the dam
embankment shall be permitted to encroach within this setback. Where such
embankment is located within this setback, grasses, including ornamental grasses, and
wildflowers s Wildflower Program
shall be installed (Virginia Wildflower Program Attachment 4). A landscaping plan
depicting the treatment of this area shall be approved by the Planning Department at
the time of plans review. The maintenance schedule for this landscaping shall be
determined at the time of plan approval based on the specific species of plants
included in the landscape plan.
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ATTACHMENT 3
CONCEPTUAL SITE LAYOUT
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ATTACHMENT 4
Virginia Wildflower Program
Information regarding the Virginia Wildflower Program can be found using the following link:
http://www.vdot.virginia.gov/programs/prog-wflowr-default.asp
flowers and garden varieties, in both naturalized and formal settings, enhance
the natural beauty of Virginia and return some of what might have been lost through
Examples of wildflowers in the program:
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ATTACHMENT 5
APPROVED CONDITIONS (CASE 16SN0704)
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