06SN0237-June26MII CL FAWTATAT� ■
IIIwill...
July ■ 2006 BS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
06SNO237
Watermark Town Center LLC
Dale Magisterial District
Hopkins Elementary, Failing Creek Middle, and Bird High Schools Attendance Zones
West line of Iron Bridge Road
REQUESTS:
I. Rezoning from Agricultural (A) and Residential (R-7) to Community Business
(C-3) with Conditional Use to permit multifamily and townhouse uses plus
Conditional Use Planned Development to permit exceptions to Ordinance
requirements.
II. waiver to street connectivity requirements to Hill Road and Old Zion Hill Road.
PROPOSED LAND USE:
A mix of residential, office and commercial uses is proposed. A maximum of 650
residential units to include cluster residential, townhouse and multifamily, as well
as a maximum of 220,000 gross square feet of commercial and office uses is
planned. (Proffered Condition 4)
PLANNING COMMISSION RECOMMENDATION
REQUEST I: RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED
CONDITIONS ON PAGES 3 THROUGH 8.
AYES: MESSRS. GECKER, BASS, GULLEY AND LITTON.
ABSENT: MR. WILSON.
REQUEST IL• RECOMMEND APPROVAL OF RELIEF TO STREET CONNECTIVITY
REQUIREMENTS.
Providing a FIRST CHOICE community through excellence in public service
AYES: MESSRS. DECKER, BASS, GULLEY AND LITTON.
ABSENT: MR. WIL S ON.
STAFF RECOMMENDATION
Request I: Recommend denial of the rezoning and Conditional Use for the following
reasons:
A. The proposed zoning and land uses do not conform to the Central Area
Plan which suggests the property is appropriate for mixed use corridor use
and residential use of 1.0 — 2.5 dwelling units per acre. The Plan also
notes new multifamily development is generally not appropriate north of
Route 288.
B. The proposed zoning and land uses are not representative of or compatible
with existing and anticipated area development.
C. The proffered conditions do not adequately address the impacts of this
development on necessary capital facilities, as outlined in the zoning
Ordinance and Comprehensive Plan. Specifically, the needs for roads,
schools, parks, libraries and fire stations is identified in the Public
Facilities Plan, the Thoroughfare Plan and the Capital Improvement
Program, and the impact of this development is discussed herein. The
proffered conditions do not fully mitigate the impact on capital facilities,
thereby not insuring adequate service levels are maintained and protecting
the health, safety and welfare of County citizens.
Reciuest II: Recommend denial of the waiver to street connectivity requirements and that
Proffered Condition 6 not be accepted. This recommendation is made for the
following reason:
The standards by which an exception to street connectivity should be granted have
not been met.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY
A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A
"CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION.)
2 06SNO237 JULY26-BOS
PROFFERED CONDITIONS
The Owners and the Developer (the "Developer") in this zoning 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 or assigns, proffer that the development of the
Property known as Chesterfield County Tax Identification Number 771-677-3 871 (the
"Property") under consideration will be developed according to the following conditions if, and
only if, the rezoning request for C-3 with a conditional use planned development (CUPD) is
granted. In the event the request is denied or approved with conditions not agreed to by the
Developer, the proffers and conditions shall immediately be null and void and of no further force
or effect. If the zoning is granted, these proffers and conditions will supersede all proffers and
conditions now existing on the Property.
(CPC) 1. Master Plan. The textual statement dated January 18, 20061 last revised
June 14, 2006, shall be considered the Master Plan. (P)
(CPC) 2. Utilities. The public water and wastewater systems shall be used, except
for model homes/sales offices not in permanent dwellings and/or
construction offices. (U)
(CPC) 3. Timbering. With the exception of timbering which has been approved by
the Virginia State Department of Forestry for the purpose of removing
dead or diseased trees, there shall be no timbering until a land disturbance
permit has been obtained from the Environmental Engineering Department
and the approved devices have been installed. (EE)
(CPC) 4. Density. The maximum number of dwelling units developed on the
Property shall be 650. Commercial and office uses shall be limited to a
total maximum of 220,000 gross square feet. Of the 650 units, a
maximum of 200 Small Lot Units, a maximum of 400 multi -family units,
and a maximum of 325 townhomes shall be permitted. Within these
maximums, the following minimums shall also be provided: a minimum
of fifty (50) townhomes; a minimum of thirty (30) Small Lot Residential
Units; a minimum of one hundred (100) apartments; and a minimum of
50,000 square feet of non-residential uses provided at least 20,000 square
feet of the 501,000 square feet is office. Any commercial or office square
footage located within the live/work units shall count toward the non-
residential minimums. (P)
(CPC) 5. Location of Uses. Any permitted use may be permitted within the same
building, block, street, or section of street in order to facilitate the mixed -
use nature of the development. Limitations to this provision are set out in
the Textual Statement. (P)
(CPC) 6. Connectivity. There shall be no connection to Hill Road and Old Zion
Hill Road from the Property. (P & T)
3 06SNO237 JULY26-BOS
(CPC) 7. Lighting.
A. Except for decorative lighting attached to a building, the maximum
height of lampposts shall be 30 feet. Exterior lighting shall meet
the requirements of the Zoning Ordinance except that porch lights,
lamps, decorative, and period lighting that is in keeping with the
pedestrian oriented character of Watermark shall be permitted.
B. Streetlight fixtures, poles, and lamp types shall be consistent along
a street. The selected streetlight shall be compatible with the
pedestrian oriented character of Watermark. The exact type of
streetlight(s) and the locations shall be determined at the time of
site plan review. (P)
(CPC) 8. Open Space. At a minimum, the following Open Space areas shall be
provided:
(CPC)
(CPC)
A. Within the Property, a minimum of 15 percent of the gross acreage
shall be devoted to open space.
B. of this open space, a minimum of 6.0 acres shall be usable to
accommodate recreational and social gathering areas for residents
and employees. Facilities to accommodate these uses shall be
provided in the open space and can include, but not be limited to,
pavilions, gazebos, neighborhood parks, trails, hardscaped areas
with benches, and other amenities to facilitate community use.
This open space shall include the clubhouse, which shall serve as a
focal point and gathering place for the residents. Prior to the
issuance of more than 300 residential certificates of occupancy, the
clubhouse and pool shall be completed.
C. Of the 6.0 acres identified above, a minimum of 2.0 acres shall be
located within Tract A and a minimum of 2.0 acres shall be located
within Tract B. This acreage may be consolidated in one location
or scattered throughout the Tract, as determined at the time of
tentative subdivision or site plan review. (P)
9. 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, dwelling units designated as age -
restricted 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)
10. Senior HouSin . Any dwelling units designated for senior housing as
defined in Proffered Condition 9 shall be noted on the site plan or
4 06SNO237 JULY26-BOS
subdivision plat. Such dwelling units shall be grouped together as part of
the same development section(s). (P)
(CPC) 11. Cash Proffers. The applicant, subdivider, or assignee(s) shall pay the
following to the County of Chesterfield prior to the issuance of any
residential building permit for infrastructure improvements within the
service district for the Property in excess of 150 dwelling units:
A. $15,600.00 per dwelling unit if paid prior to July 1, 2006.
Thereafter, such payment shall be the amount approved by the
Board of Supervisors not to exceed $15,600.00 per unit as adjusted
upward by any increase in the Marshall and Swift Building Cost
Index between July 1, 2005 and July 1 of the fiscal year in which
the payment is made if paid after June 30, 2006.
B. Provided, however, that if any residential building permits issued
on the Property are for senior housing, as defined in the proffer on
age -restriction, the applicant, sub -divider, or assignee(s) shall pay
$10,269.00 per unit to the County of Chesterfield, prior to the time
of issuance of a residential building permit, for infrastructure
improvements within the service district for the Property if paid
prior to July 1, 2006. The $10,269.00 for any units developed shall
be allocated pro-rata among the facility costs as follows: $602 for
parks, $348 for library facilities, $404 for fire stations, and $8,915
for roads. Thereafter, such payment shall be the amount approved
by the Board of Supervisors not to exceed $10,269 per unit as
adjusted upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 2005 and July 1 of the fiscal
year in which the payment is made if paid after June 30, 2006.
C. Cash proffer payments shall be spent for the purposes proffered or
as otherwise permitted by law. Should Chesterfield County
impose impact fees at any time during the life of the development
that are applicable to the Property, the amount paid in cash proffers
shall be in lieu of or credited toward, but not in addition to, any
impact fees, in a manner as determined by the county. (B&M)
(CPC) 12. Access.
A. Direct vehicular access from the Property to Iron Bridge Road
(Route 10) shall be limited to two (2) public roads, including
Kingsland Glen Extended. Kingsland Glen Extended shall align
the existing crossover on Route 10 that serves Tucker Road. The
other public road shall generally be located towards the southern
Property line. The exact location of these accesses shall be
approved by the Transportation Department.
5 06SNO237 JULY26-BOS
B. Prior to site plan or tentative subdivision approval, whichever
occurs first, an access plan for Kingsland Glen Extended shall be
submitted to and approved by the Transportation Department.
Vehicular access from the Property to Kingsland Glen Extended
shall conform to the approved access plan. (T)
(CPC) 13. Dedication. The following rights -of -way shall be dedicated, free and
unrestricted, to Chesterfield County in conjunction with recordation of the
initial subdivision plat or prior to the first site plan approval or within
sixty (60) days from the date of a written request by the Transportation
Department, whichever occurs first:
A. One hundred (100) feet of right-of-way on the west side of Route
10 measured from the centerline of the existing Route 10 right-of-
way along that part of Route 10 immediately adjacent to the
Property.
B. Seventy (70) foot wide right-of-way for an east/west collector
("Kingsland Glen Extended") from the western Property line,
through the Property to Route 10. The exact location of this right-
of-way shall be approved by the Transportation Department. (T)
(CPC) 14. Transportation Improvements. To provide an adequate roadway system,
the Developer shall be responsible for the following improvements. If any
of the improvements are provided by others then the specific required
improvement shall no longer be required of the Developer. The exact
design and length of these improvements shall be approved by the
Transportation Department:
A. Construction of an additional lane of pavement along the
southbound lanes of Route 10 for the entire Property frontage,
exclusive of the existing lake area.
B. Construction of additional pavement along the southbound lanes of
Route 10 at each public road intersection to provide separate right
turn lanes, based on Transportation Department standards.
C. Construction of additional pavement along the northbound lanes of
Route 10 at the crossover that serves Kingsland Glen Extended to
provide dual left turn lanes, with additional pavement along
Kingsland Glen Extended to provide adequate receiving lanes.
D. Construction of a sidewalk to VDDT standards along Route 10 for
the entire Property frontage, exclusive of the existing lake area.
6 06SNO237 JULY26-BOS
E. Construction of a two-lane road for Kingsland Glen Extended,
based on VDOT Urban Collector Standards (40 MPH) with
modifications approved by the Transportation Department, from
the western Property line, through the Property to Route 10.
F. Construction of additional pavement along Kingsland Glen
Extended at its intersection with Route 10 to provide afive-lane
divided typical section (i.e., three (3) eastbound lanes and two (2)
westbound lanes).
G. Full cost of traffic signalization at the Route 1O/Kingsland Glen
Extended/Tucker Road intersection, if warranted, as determined by
the Transportation Department.
H. Construction of additional pavement along Kingsland Glen
Extended at each approved access to provide left and right turn
lanes, if warranted, based on Transportation Department standards.
I. Dedication to Chesterfield County, free and unrestricted, of any
additional right-of-way (or easements) required for the
improvements identified in proffered condition N.G. above. In the
event the Developer is unable to acquire any "off -site" right-of-
way that is necessary for the road improvements described in this
Proffered Condition, 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 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 as
determined by the Transportation Department. (T)
(CPC) 15. Phasing. Prior to any site plan or prior to construction plan approval,
whichever occurs first, a phasing plan for the required road improvements,
as identified in Proffered Condition 14, shall be submitted to and approved
by the Transportation Department. (T)
(CPC) 16. Covenants. At a minimum, the restrictive covenants shall contain
language that addresses the following. Such covenant shall remain in
place as long as the Property is used for residential purposes.
Future homeowners of the lots or units within the Property will have
notice of the location of the Chesterfield County Airport and its proximity
to the Property. Any subdivision plat or location plan used in any
7 06SNO237 JULY26-BUS
condominium documents shall note the location of the Airport and its
proximity to the Property. (P)
(CPC) 17. Public Roads. In tracts with townhouse and condominium uses, all roads
that accommodate general traffic circulation through the development, as
determined by the Transportation Department, shall be designed and
constructed to VDOT standards and as set forth in the Textual Statement,
and taken into the State System. (T)
GENERAL INFORMATION
T .nr�atinn.
Fronts the west line of Iron Bridge Road, north of Willowbranch Drive, also lying at the
southern terminus of Manuel Street. Tax ID 771-677-3871.
Existing Zoning:
Aand R-7
Size:
112.2 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North - R-7; Single-family residential or vacant
South - R-7; Vacant
East - R-15, A and A with Conditional Use; Single-family residential, office or vacant
West - R-7: Single-family residential or vacant
T TTTT TTIP C
Public Water System:
There is a sixteen (16) inch water line extending along Iron Bridge Road, adjacent to this
site. In addition a twelve (12) inch water line lies along a portion of Kingsland Glen Drive,
terminating approximately 11,400 feet west of this site, and an eight (8) water line is along
Manuel Street in Kings Forest Subdivision, Section 9, that terminates adjacent to this site.
Use of the public water system to serve this development is intended. (Proffered Condition
2)
8 06SNO237 JULY26-BOS
Public Wastewater System:
The request site is within the Kingsland Creek drainage basin. There is an eighteen (18)
inch wastewater trunk line extending across this site following along Kingsland Creek. Use
of the public wastewater system to serve this development is intended. (Proffered Condition
2)
ENVIRONMENTAL
Drainage -and Erosion:
The subject property drains to the south to either Cosby Lake or directly into the
perennial stream that discharges into the northern branch of Cosby Lake. There are no
existing or anticipated on- or off -site drainage or erosion problems.
The site is wooded and, as such, should not be timbered without obtaining a land
disturbance permit from the Department of Environmental Engineering (Proffered
Condition 3). This will ensure adequate erosion control measure are in place prior to any
land disturbance.
Water Quality:
There is a perennial stream on the property that discharges into the northern branch of
Cosby Lake. This area is the headwaters of Kingsland Creek. This perennial stream is
subject to a 1 oo-foot conservation buffer and has limited uses.
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the Capital. Improvement Program. The residential
portion of this development will have an impact on these facilities.
Fire Service:
The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls
are expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6)
new fire/rescue stations are recommended for construction by 2022 in the Plan. In
addition to the six (6) new stations, the Plan also recommends the expansion of five (5)
existing stations. Based on 650 dwelling units, this request will generate approximately
128 calls for fire and EMS each year. The applicant has failed to fully address the impact
on Fire and EMS facilities. (Proffered Condition 11)
The Fire Department supports making connections to Hill Road and old Zion Hill Road.
Having interconnectivity would improve public safety response time to residents by
providing multiple means of access. Therefore, acceptance of Proffered Condition 6 is
not recommended.
9 06SNO237 JULY26-BOS
Dale Fire Station, Number 11 currently provides fire protection and emergency medical
service. 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.
Schnnl-
Approximately 345 (Elementary: 150, Middle: 85, and High: 110) students will be
generated by this development.
Currently, this site lies in the Hopkins Elementary School attendance zone: capacity -
515, enrollment — 537; Falling Creek Middle School zone: capacity -- 1,036, enrollment --
1,190; and Bird High School zone: capacity - 1,722, enrollment - 1,835. The enrollment
is based on September 30, 2005 and the capacity is as of 2005-2006.
This request will have an impact on area schools. There are currently four (4) trailers at
Hopkins Elementary; seventeen (17) at Falling Creek Middle and five (5) at Bird High.
This case combined with other residential developments and zoning cases in the area, will
continue to push these schools over capacity. Necessitating some form of relief in the
future. The applicant has not offered to fully address the impact of this development on
school facilities. (Proffered Condition 11)
t ibra.rieq!
Consistent with Board of Supervisors' policy, the impact of development on library
services is assessed countywide. Based on projected population growth, the Public
Facilities Plan identifies a need for additional library space throughout the County.
Development of the property noted in this case would most likely affect either the Central
Library or the Meadowdale Library. The Public Facilities Plan identifies a need to
expand the Meadowdale Library. The applicant has not offered to fully address the
impact of this development on library facilities. (Proffered Condition 11)
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) new regional parks, seven (7)
community parks, twenty-nine (29) neighborhood parks and five (5) community centers
by 2020. In addition, the Public Facilities Plan identifies the need for ten (10) new or
expanded special purpose parks to provide water access or preserve and interpret unique
recreational, cultural or environmental resources. The Plan identifies shortfalls in trails
and recreational historic sites.
The applicant has not offered measures to fully address the impact of this proposed
development on these parks and recreation facilities. (Proffered Condition 11 )
10 06SNO237 JULY26-BOS
Transportation:
The property (112.2 acres) is currently zoned Agricultural (A) and Residential (R-7). and
the applicant is requesting rezoning to Community Business (C-3) with Conditional Use
to permit various types of residential uses. The applicant has proffered a maximum
density of 650 residential units and 220,000 square feet of office/retail (Proffered
Condition 4). Based on single-family, apartment, townhouse, office and shopping center
trip rates, development could generate approximately 15,920 average daily trips. These
vehicles will be initially distributed along Iron Bridge Road (Route 10) which had a 2001
traffic count of 26,219 vehicles per day, and to Cogbill Road which had a 2004 traffic
count of 1,800 vehicles per day. The capacities of both these roads are acceptable (Level
of Service C) for the volumes of traffic they carry.
The Thoroughfare Plan identifies Route 10 as a major arterial with a recommended right
of way width of 120 to 200 feet. The applicant has proffered to dedicate one hundred
(100) feet of right of way measured from the centerline of Route 10, in accordance with
that Plan. (Proffered Condition 13.A)
The Thoroughfare Plan also identifies a proposed east/west collector ("Kingsland Glen
Extended") with a recommended right of way width of seventy (70) feet, extending from
Route 10 at the Tucker Road intersection through the property, across Cogbill Road to
Belmont Road. A section of Kingsland Glen Extended, east of Cogbill Road, has been
constructed in con* unction with development of Kingsland Glen Subdivision. The
applicant has proffered to dedicate right of way and construct a two-lane road for
Kingsland Glen Extended from Route 10 to the western boundary of the property.
(Proffered Conditions 13.B and 14.E)
Access to major arterials, such as Route 10, and to collectors, such as Kingsland Glen
Extended, should be controlled. The applicant has proffered that direct vehicular access
from the property to Route 10 will be limited to two (2) public roads; Kingsland Glen
Extended that will align Tucker Road and one (1) additional public road generally located
towards the southern property line (Proffered Condition 12.A). The applicant has
proffered that an access plan will be submitted, for Transportation Department review
and approval, which shows access from the property to Kingsland Glen Extended
(Proffered Condition 12.B). Access to Kingsland Glen Extended will be based on the
approved access plan.
The property also has potential access through three (3) stub road rights -of -way; Manuel
Street, old Zion Hill Road and Hill Road. Included in the Subdivision Ordinance is the
Planning Commission's Stub Road Policy. The Policy suggests that subdivision streets
anticipated to carry 1,500 VPD or more should be designed as "no -lot frontage" collector
roads. Based on the applicant's Conceptual Plan, if access was provided to all three (3)
stub road rights -of -way it is anticipated that the connections to Manuel Street and Old
Zion Hill Road would cause an increase in traffic on the adjacent subdivision streets to
increase beyond the acceptable level established by the Policy. By eliminating those two
(2) connections, traffic volume on Hill Road would then exceed that acceptable level. At
11 06SNO237 JULY26-BOS
time of tentative subdivision plat review, staff will evaluate the proposed road network
and provide specific recommendations per the Stub Road Policy.
As previously stated, the property will be developed for various types of residential uses.
Staff recommends that all of the main streets in this project that serve residential
development be accepted into the State Highway System. Having these streets accepted
into the State Highway System will insure their long-term maintenance. The applicant
has proffered that all of the streets that will accommodate general traffic circulation will
be designed and constructed to State (i.e., the Virginia Department of Transportation)
standards and taken into the State System. (Proffered Condition 17)
The traffic impact of this development must be addressed. The applicant has proffered the
customary road improvements for a development of this density, such as construction of
an additional lane of pavement and sidewalk along Route 10 for the entire property
frontage (exclusive of the existing lake area), construction of Kingsland Glen Extended
through the property, construction of turn lanes along Route 10 and along the Kingsland
Glen Extended based on Transportation Department standards, and traffic signalization of
the Kingsland Glen Extended/Route 10 intersection. (Proffered Condition 14)
Acquisition of "off -site" right-of-way is not anticipated to be necessary for the proffered
road improvements. According to Proffered Condition 14, if the developer needs off -site
right-of-way for the traffic signal at the Kingsland Glen Extended/Route 10 intersection
and is unable to acquire it, the developer may request the county to acquire the right-of-
way as a public road improvement. All costs associated with the acquisition will be
borne by the developer. If the county chooses not to assist with the right-of-way
acquisition, the developer will not be obligated to acquire the off -site right-of-way, and
will only be obligated to construct road improvements within available right-of-way.
(Proffered Condition 14.1)
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this residential development. The applicant has proffered to contribute cash
towards mitigating the traffic impact of the development for any dwelling unit in excess
of 150 (Proffered Condition 11). This proffer is not consistent with the Board of
Supervisors' Policy. As development continues in this part of the county, traffic volumes
on area roads will substantially increase. Cash proffers alone will not cover the cost of the
improvements needed to accommodate the traffic increases. No public road
improvements in this part of the county are currently included in the Six -Year
Improvement Plan. Without the applicant addressing the full traffic impact of the
residential development, the Transportation Department cannot support this request.
12 06SNO237 JULY26-BOS
Financial Im act on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units
650*
1.00
Population Increase
1768
2.72
Number of New Students
Elementary
151.45
0.23
Middle
84.5 0
0.13
High
109.85
0.17
TOTAL
345.80
0.53
Net Cost for Schools
31476,200
51348
Net Cost for Parks
3929600
604
Net Cost for Libraries
2265850
349
Net Cost for Fire Stations
263,250
405
Average Net Cost for Roads
59812,300
8,942
TOTAL NET COST
109171.3200
15,648
* Based on a proffered maximum of 650 dwelling units (Proffered Condition 4). The actual
number of dwelling units and corresponding impact may vary.
As noted, 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 $15,648 per unit. The applicant has been advised that a maximum proffer of
$15,600 per unit would defray the cost of the capital facilities necessitated by this proposed
development. The applicant has been further advised that a maximum proffer of $10,269 per
dwelling unit would defray the cost of the age -restricted portion of the proposed development, as
it will not have an increased impact on school facilities.
The applicant has offered cash for each dwelling unit in excess of 150 (Proffered Condition 11).
This would be equivalent to paying $12,000 per dwelling unit on the 650 units. The applicant
has been advised that, per the cash proffer policy, credits are not given for those dwelling units
permitted under existing conditions of zoning or agricultural lots. In instances where a
development proposal includes substantial upgrades to current design/development standards and
ordinance requirements, the Board may consider accepting reduced cash proffer payments. The
applicant has indicated the project will have amenities that exceed the design/development
standards and ordinance requirements of the existing R-7 zoning.
13 06SN O237 JULY26-BOS
Note that circumstances relevant to this case, as presented by the applicant, have been reviewed
and it has been determined that it is appropriate to accept the maximum cash proffer in this case.
Staff recommends the applicant fully address the impact of all units on capital facilities.
The Planning Commission and the Board of Supervisors, through their consideration of this
request, may determine that there are unique circumstances relative to this request that may
justify acceptance of proffers as offered for this case.
T .ANT) T TCF.
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan which suggests the property is
appropriate for mixed use corridor use, to include residential developments of various
densities, as well as professional, business, industrial, and administrative offices with
integrated supporting uses and for residential use of 1.0 — 2.5 dwelling units per acre.
The Plan also notes new multifamily residential development is generally not appropriate
north of Route 288.
Area Development Trends:
Adjacent property to the north, south and west is zoned Residential (R-7) and has been
developed or planned for development for residential uses in the Ampthill Gardens,
Dings Forest and Watermark subdivisions. Property to the east, across Route 10,
residential and agricultural and is occupied by single-family residential or office uses or
is vacant. The Central Area Plan anticipates residential and office uses continuing in the
area and that such commercial uses as proposed with this development occurring further
north around the Route 101Irongate Drive intersection or south at the intersection of
Route 10 and Kingsland/Beulah Roads.
Site Resin:
The property is proposed for a mix of residential uses, to include cluster, townhouse and
multifamily, commercial and office uses, as well as buildings that accommodate a mix of
residential and non-residential uses. The development will have a traditional
neighborhood design, generally in a "grid" layout similar to city blocks with buildings
located close to sidewalks, and also incorporating street trees, open spaces and alleys
serving the rears of many of the uses. (Textual Statement II)
The property is divided into three (3) development tracts as depicted in the Tract Plan
prepared by Koontz -Bryant, P.C. last revised June 1, 2006. The Tracts' locations and
sizes, including further divisions into Sub -tracts, may be modified so long as land use
transitions and compatibility between different uses are addressed. Uses are to be located
and developed as generally depicted on the Watermark Conceptual Plan — Use Locations
last revised June 141 2006 (Attachment), as described in the Textual Statement
(Attachment) and as provided in the proffered conditions. It should be noted Exhibit B 1
14 06SNO237 JULY26-BOS
should be modified to clarify what, if any, uses are to be located on that portion of Tract
B lying north of Tract A.
Unless specifically regulated by the Textual Statement, the development of commercial and
office uses on the site must conform to the Emerging Growth District requirements of the
Zoning Ordinance for Community Commercial (C-3) Districts. The purpose of the
Emerging Growth District Standards is to promote high quality, well -designed projects.
These standards address access, parking, landscaping, architectural treatment, setbacks,
building height, signs, buffers, pedestrian access, lighting, utilities and screening of
dumpsters, loading areas and outside storage.
Uses Permitted in all Tracts:
Passive and active recreational uses limited to facilities and uses that primarily serve the
surrounding residential community would be permitted within all Tracts. The Textual
Statement provides for setbacks, buffers and other restrictions to minimize the impact of
such uses on adjoining properties designated on the Plan for residential development.
Temporary model homes located in modular office units and the propagation and
cultivation of crops, flowers, trees and shrubs would also be permitted throughout the
project subject to minimum standards of the ordinance relative to these uses. (Textual
Statement III . A, B and C )
Uses and Special Development Standards:._ Specific Tracts:
Trn r t A
Tract A. consisting of approximately 40.6 acres, represents the majority of the
property that fronts along Route 10. This Tract represents the town center of the
development, permitting a mix of commercial and office uses, as well as
townhouse and multifamily units, Live/Work Units" and "Mixed Use Buildings"
which accommodate multifamily residential uses on upper floors. Within Tract A,
non-residential uses would be restricted to a limited number of uses permitted by
right or with restrictions in the Community Business (C-3) District. In addition,
model homes, public and private profit -making clubs, and bed and breakfast uses
would be permitted, as well as fishing dock, boat dock, and/or boat house use in
conjunction with recreational uses and accessory uses as allowed in R-TH, R-MF
and C-3 Districts. (Textual Statement IV.A)
Design standards have been proposed to assist in integrating this town center with
the adjacent Tract B in promoting community character. These include an overall
architectural theme and maximum gross square footages for all commercial and
office users as well as individual users. (Textual Statement III.H and Proffered
Condition 4)
15 06SNO237 JULY26-BOS
Except as modified in the Textual Statement, all uses in Tract A shall conform to
the requirements of the Emerging Growth District Standards for office and
commercial uses.
Tract B:
Tract B. located north, south and west of Tract A and consisting of approximately
67.8 acres, is proposed for development with detached small lot units, townhouses,
multifamily units, public and private profit -making clubs, condominiums, family
daycare homes, and Live/Work units. In addition, accessory uses as allowed in R-
TH and R-MF Districts would be allowed. (Textual Statement 1V . B .1)
Small lot detached units are to be developed on lots with a minimum area of 3,000
square feet and a lot width of not less than thirty (30) feet. Townhouse, Live/Work
and multifamily units in this tract are to meet the requirements as set forth in the
Textual Statement. (Textual Statement IV.B.2)
Tract C :
Tract C, the southwestern portion of the property, would be limited to single-family
residential uses and those accessory uses permitted in a Residential (R-9) District.
(Textual Statement IV. C.1)
These uses are to be accessed from and associated with an adjacent residential
subdivision proposed to the south. Development in Tract C shall conform to the
requirements of the Zoning Ordinance for R-9 Districts, except as modified in the
Textual Statement. (Textual Statement N.C)
Residential Densi
Parkin
While the request will allow a maximum of 650 dwelling units, there is no commitment to
how many of these units will be in each tract. As the land use plan suggests a density of
from 1.0 to 2.5 dwelling units per acre for the greatest portion of Tract B, without a definite
density (units per acre) figure staff is unable to indicate if Tract B complies with the Plan
relative to density.
The ordinance requires the minimum provision of two (2) off-street parking spaces for
each residential single family, multifamily and townhouse unit, except multifamily units
restricted to "housing for older persons" which requires the minimum provision of 1.2
parking spaces for each such unit. The applicant is requesting that any "housing for older
persons", to include single family and townhouse, provide a minimum of 1.2 parking
spaces for each unit (Textual Statement II.F.3). All other residential uses would provide
parking at a rate of 1.75 spaces per dwelling unit, except in Tract C, which shall have a
provision of 2.0 spaces per dwelling unit. (Textual Statement I11.2 and 5)
16 06SNO237 J ULY26-BOS
For commercial or office uses in Tract A, parking would be calculated at shopping center
standards of 4.4 spaces for every 1000 gross square feet of uses. Given the urban
character of this development, it would be appropriate to permit a reduction in the
required spaces consistent with Ordinance requirements for Village Districts, or
approximately 4.0 spaces for every 1000 gross square feet with a credit for on -street
parking where permitted. The applicant is requesting that parking be provided at 3.4
spaces for every 1000 gross square feet of commercial and office uses in Tract A and 2.5
spaces for every dwelling unit associated with a Live/Work unit in Tracts A and B. with
no provision for additional parking for the "work" portion of the unit. (Textual Statement
II.F.4 and 6)
With no data to substantiate reduction in parking requirements for both age -restricted
single family and townhouse residential products and mixed -use development, staff
cannot support exceptions to the parking standards of the Ordinance beyond those for
Village Districts. Further, the tracking of residential units separate from non-residential
square footages for parking space provisions within the mixed use Tracts would be
difficult to administer and enforce.
Parcel Frontage and Setbacks:
To accommodate a traditional neighborhood design, building setbacks will not be
required from lot/parcel lines and internal road (Textual Statement III.J). Buildings may
front on streets, and alley, open spaces, parking areas or courtyards with appropriate
access easements. (Textual Statement III.I.)
Sidewalks Street Trees and Open Space:
The applicant has agreed to provide sidewalks and street trees along each side of public
streets, with the exception of Route 10 (Textual Statement III.D and E). Additionally, the
applicant has offered to devote a minimum of fifteen percent (15%) of the gross acreage
to open space. This equates to approximately 16.8 acres, of which a minimum of six (6)
acres shall be useable to accommodate recreational and social gathering areas. Of the
useable acreage, a minimum of two (2) acres is to be located in each of Tracts A and B
(Proffered Condition 8). Proffered Condition 8 provides for the completion of a clubhouse
and pool facility prior to the issuance of more than 300 residential certificates of occupancy.
This presents a problem in that there is no guarantee 300 residential units will ever be
constructed, therefore, these facilities may never be completed. In addition, any phasing of
such facilities should coincide with plan approval rather than occupancy.
Location of Uses:
The applicant has indicated any permitted use may be allowed within the same building,
block, street, or section of the development (Proffered Condition S). While staff is aware
of the mixed -use nature of the development, the mixing of non-residential uses with
residential uses within the same building, beyond the Live/Work Units and Mixed -Use
Buildings as provided in the Textual Statement, would not be appropriate.
17 06SNO237 JULY26-BOS
Lighting:
In keeping with the pedestrian oriented character of the proposed project the applicant has
agreed to provide pedestrian scale lighting. (Proffered Condition 7)
Restrictive Covenants:
Proffered Condition 16 requires the recordation of a restrictive covenant that addresses
notification to future homeowners of the location of the Chesterfield County Airport and
its proximity to the property. It should be noted that the County will not be responsible
for enforcing the covenant, only that it be recorded. once recorded, the restrictive
covenant may be changed, except as noted in the proffer.
Street Connectives:
Proffered Condition 6 prohibits connection to stub roads into the subject property from
Hill Road and old Zion Hill Road. In addition to promoting fire and emergency services
safety, subdivision road connections provide interconnectivity between developments
thereby reducing congestion along collector and arterial roads and providing a convenient
and safe access to neighboring properties.
The "Residential Subdivision Connectivity Policy" allows the Board, through the
Commission's recommendation, to waive the requirement for streets in new subdivisions
to connect to adjacent public streets that are designed as local streets, residential
collectors and thoroughfare streets. Staff must evaluate this waiver based upon three (3)
criteria: (1) there must be a sufficient number of other stub streets to adequately disperse
traffic and not cause a concentrated use of any one (1) stub street; or (2) the connection to
a particular stub will cause concentrated traffic at that location; and (3) the projected
traffic volume on any one (1) local street within an existing subdivision exceed 1,500
vehicle trips per day. The standards by which an exception to street connectivity should
be granted have not been met. while a conceptual plan has been submitted with this
application, without a commitment to a specific layout for this project there is insufficient
data upon which to base the granting of a waiver to this requirement. As such, staff does
not support the exception to connectivity and recommends that Proffered Condition 6 not
be accepted.
Buffers and Screen:
Adjacent property to the north, south and west is zoned Residential (R-7). The Zoning
Ordinance requires a minimum seventy-five (75) foot buffer along the northern, southern
and western property boundary of the request site. At the time of site plan review, the
Planning Commission may modify this buffer under certain circumstances.
18 06SNO237 JULY26-BOS
CONCLUSIONS
The proposed zoning and land uses do not conform to the Central Area Plan which suggests the
property is appropriate for mixed use corridor use and residential use of 1.0 — 2.5 dwelling units
per acre. Appropriate uses in the mixed use corridor area would include residential
developments of various densities, as well as professional, business, industrial, and
administrative offices with integrated supporting uses. The Plan also notes new multifamily
development is generally not appropriate north of Route 288. The Plan identifies potential sites
for the commercial uses proposed by this request further north and south along the Route 10
corridor. Further, the proposed zoning and land uses are not representative of or compatible with
existing and anticipated area development.
In addition, the proffered conditions do not adequately address the impacts of this development
on necessary capital facilities, as outlined in the Zoning ordinance and Comprehensive Plan.
Specifically, the needs for roads, schools, parks, libraries and fire stations is identified in the
Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program, and the
impact of this development is discussed herein. The proffered conditions do not fully mitigate
the impact on capital facilities, thereby insuring adequate service levels are maintained and
protecting the health, safety and welfare of County citizens.
The standards by which an exception to street connectivity should be granted have not been met.
Given these considerations, denial of these requests is recommended.
CASE HISTORY
Planning Commission Meeting (5/16/06):
At the request of the applicant, the Commission deferred this case to June 20, 2006.
Staff (5/17/06):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than May 22, 2006, for consideration at the Commission's
June 205 2006, public hearing. Also, the applicant was advised that a $ 5 00. 00 deferral fee
must be paid prior to the Commission's public hearing.
Staff (6/12/06 and 6114106):
Revised proffers, Textual Statement and plans were submitted. The deferral fee has not
been paid.
19 06SNO237 JULY26-BOS
Applicant (6/19/06):
The applicant paid the deferral fee.
Planning Commission Meeting (6/19/06):
Mr. Wilson declared a conflict of interest and excused himself from the meeting.
The applicant did not accept staff s recommendation but did accept the Planning
Commission's recommendation. There was opposition present. Concerns were
expressed regarding land locking adjacent property and connectivity.
On motion of Mr. Litton, seconded by Mr. Gulley, the Commission recommended
approval and acceptance of the proffered conditions on pages 3 through 8.
AYES: Messrs: Gecker, Gulley, Litton and Bass
ABSENT: Mr. Wilson
On motion of Mr. Litton, seconded by Mr. Gulley, the Commission recommended
approval of relief to street connectivity requirements.
AYES: Messrs: Gecker, Gulley, Litton and Bass
ABSENT: Mr. Wilson
The Board of Supervisors, on Wednesday, July 26, 2006, beginning at 7:00 p.m., will take under
consideration this request.
20 06SNO237 JULY26-BOS
Watermark
Textual Statement
January 18, 2006
Revised May 22, 2006
Revised June 2, 2006
Revised June 9, 2006
Revised June 12, 2006
Revised June 14, 2006
Revised June 21, 2006
This application contains three exhibits described as follows:
Exhibit A -- Plan titled "Tract Plan — Watermark Town Center, LLC" (the "Tract Plan"),
prepared by Koontz -Bryant, P.C., last revised June 1, 2006.
Exhibit B — Plan titled "Watermark" (the "Conceptual Plan"), prepared by Land Planning
Solutions, last revised June 25 2006.
Exhibit B 1 -- Plan titled "Watermark Conceptual Plan -- Use Locations," last revised June 14,
2006.
I, Rezone. Rezone 112.2± acres (the "Property') from R-7 and A to C-3 with Conditional
Use to permit residential multifamily and townhouse uses and Conditional Use Planned
Development ("CUPD") to permit exceptions to Ordinance requirements as set forth
below.
II. General Conditions.
A. With the exception of the residential lots on Tract C, the development shall have a
traditional neighborhood development design with a mix of residential and non-
residential uses within blocks and/or within a building, buildings located close to
the sidewalks and other buildings, the streets lined with trees and sidewalks, on -
street parking, open spaces, and alleys serving the rears of many of the uses.
B. To accommodate the orderly development of the Property, the Tracts shall be
located as generally depicted on the Tract Plan, but their location and size,
including further divisions into Sub -Tracts (a designated portion of a Tract), may
be modified (such as moving the location of a Tract boundary) so long as the
parcels generally maintain their relationship with each other and any adjacent
properties. A plan for Tract modification shall be submitted to the Planning
Department for review and approval. Such plan shall be subject to appeal in
accordance with the provisions of the Zoning Ordinance for Site Plan appeals.
Sub -Tract divisions may be created at the time of Tentative Subdivision or Site
Plan approval and shall not require a separate review as a Tract modification,
provided there is no adjustment in the overall Tract boundary.
C. Development shall be designed as generally depicted on the Conceptual Plan.
Specifically, the general relationship between the uses in each Tract to adjacent
Tracts shall be maintained; within Tracts, development shall be generally
designed in a "grid" layout similar to city blocks with parking areas, except for
those parking areas located along streets, located in courtyards as finrther
described herein; and with a pedestrian emphasis throughout the project. Further,
the location of uses within each Tract may be modified so long as the nature of
the transitions and separations between that Tract and adjacent Tracts as well as
adjacent properties is maintained. A plan for modification to the Conceptual Plan
shall be submitted to the Planning Department for review and approval. Such
plan shall be subject to appeal in accordance with the provisions of the Zoning
Ordinance for site plan appeals.
Rgguirements and Exceptions for All Tracts.
A. Recreational Facilities
1. Community recreational facilities shall be permitted for use by residents of
the community. Separate recreation areas for the various types of
residential units are not required. The recreational uses shall be limited to
facilities and uses that primarily serve the surrounding residential
community including but not limited to passive recreation (i.e.: formal
courtyards, parks, plazas, tot -lots, mews, picnic areas, trails, paths,
sidewalks, ponds, open space, and vistas) and active facilities (i.e.:
swimming pools, outdoor courts, and clubhouses).
2. Outside public address systems or speakers shall not be used between the
hours of 11:00 p.m. and 8:00 a.m. and shall only be used in conjunction
with a pool.
3. with the exception of passive recreation, outdoor play fields, outdoor
courts, swimming pools, and similar active recreational areas facilities
shall be located a minimum of 100 feet from adjacent property external to
the watermark development and designated by the Comprehensive Plan
for residential development. with the exception of playground areas
which accommodate swings, jungle gyms or similar such facilities,
outdoor play fields, courts, swimming pools and similar active recreation
facilities shall be located a minimum of fifty (50) feet from existing or
proposed public roads. Within the 100-foot setback, a fifty (50) foot
buffer shall be provided along the perimeter of all active recreational
facilities except where adjacent to any existing or proposed roads. This
buffer shall conform to the requirements of the Zoning Ordinance for fifty
(50) foot buffers. These buffers and setbacks may be modified by the
Planning Commission at the time of plan review.
4. Any playground areas (i.e., areas accommodating swings, jungle gyms or
similar such facilities) shall be located a minimum of forty (40) feet from
2
adjacent property external to the Watermark development and designated
by the Comprehensive Plan for residential development. Within this forty
(40) foot setback, a buffer (which maybe less than 40' in width) shall be
provided along the perimeter of these recreational facilities except where
adjacent to any existing or proposed roads. This buffer shall conform to
the requirements (except in width) of the Zoning Ordinance for fifty (50)
foot buffers. These buffers and setbacks maybe modified by the Planning
Commission at the time of plan review.
B . Model homes.
1. Temporary model homes (sales offices), located in modular office units,
shall be permitted.
2. The model homes (sales offices) shall only be used for sale of dwelling
units in the development.
3. The model homes (sales offices) shall not be the primary real estate office
for the companies marketing the development.
C. Propagation and cultivation of crops, flowers, trees, and shrubs that are not
offered for sale, within the open space that is owned, operated, and maintained by
a homeowner's association, including accessory structures related to such uses.
D. Sidewalks.
Generally, sidewalks shall be located on both sides of all public streets exclusive
of Route 10. Sidewalks shall be provided to facilitate pedestrian access within the
project inclusive of the property south of the lake.
E . Street Trees.
Street trees shall be planted or retained along each side of all public streets, with
the exception of Route 10.
F . Parking.
l . If on -street parking is permitted, those spaces shall be counted towards the
required number of parking spaces for all uses.
2. Except for "housing for older persons," Live/Work Units, and lots in
Tract C, residential units shall provide parking based on 1.75 spaces per
dwelling unit.
3. "Housing for older persons" shall provide parking based on 1.2 spaces per
dwelling unit.
3
4. Live/Work Units shall provide parking based on 2.5 spaces per dwelling
unit. There shall be no additional parking requirement for the first floor
area devoted to commercial or office uses.
5. Residential units on Tract C shall provide parking based on 2.0 spaces per
dwelling unit.
6. Commercial or office uses in Tract A shall provide parking based on 3.4
spaces/ l ,000 gross floor area.
7. Parking may be further reduced based on Zoning ordinance Section
19-512.
8. Parking shall not be required on each parcel or site where the use is
located, but rather may be provided off -site, including on -street parking,
subject to approval at the time of plans review, which may include
requirements for easements.
9. Parking areas, except for those located within streets, shall be generally
located so as muumize their exposure to internal roads. Specifically,
parking areas shall be located to the side or rear of buildings; no closer to
rights -of -way than the fronts of buildings; and within courtyard areas such
that the buildings provide a barrier between the road and the parking, as
generally shown on the Conceptual Plan.
G. Public Streets.
As permitted by VDOT and the Chesterfield County Transportation Department,
street design and pavement widths shall be based on VDOT's Subdivision Street
Design Guide effective January 1, 2005. These standards allow for curb -to -curb
widths of a twenty-two (22) foot width and aright -of -way of thirty (30) feet,
based on average daily traffic. The minimum right-of-way shall be established at
the time of Site Plan review based on the street layout.
H. Architectural Standards.
1. In conjunction with the initial Tentative Subdivision/Site Plan approval for
development within Tracts A and B, a written and/or graphic description
of the planned overall architectural treatment of all buildings within these
Tracts (architectural theme) shall be submitted to the Planning Department
for review and approval. Architectural treatment of buildings, including
materials, color and style, shall be compatible within these Tracts.
Compatibility may be achieved through the use of similar building
massing, materials, scale, colors and other architectural features.
2. The maximum height for Mixed -Use Buildings, offices, or hotels shall be
six (6) stories or eighty-five (85) feet, whichever is less. This height limit
shall not restrict use of the roof of a six (6) story building for features such
4
as, but not limited to, patios, decks, or gardens. The maximum height of
accessory buildings and structures shall be one-half the height of the
principal building or 25 feet, whichever is less.
I. Frontage.
1. All buildings shall front on a street, alley, open space, parking area, or
courtyard.
2. Except for development in Tract C and any Small Lot Detached Units in
Tract B, road frontage for dwelling units shall not be required provided
there is access to a public road via an easement or right of way and that
such dwelling unit fronts on an alley, open space, parking area, or
courtyard, as approved by the Planning and Transportation Departments.
J. Setbacks.
1. Except for Kingsland Glen Drive, all buildings (including accessory
structures) along internal roads shall have zero (0) foot setback
requirement for front, side, corner side, rear, and through lots. Provided
however, that corner side yards shall meet sight distance requirements as
maybe established at the time of subdivision site plan review.
2. Except for Kingsland Olen Drive, no setback from interior private
driveways, parking areas, or streets shall be required for buildings or
structures from any proposed or existing public road, except as provided in
the proffers.
3. In Tract B, a twenty-five (25) foot building setback shall be provided
along Kingsland Glen Drive.
1. In keeping with the mixed -use nature of the development, no buffers shall
be required between various uses; however, landscaping shall be provided
throughout the Property.
2. Except for Tract C, no residential street buffers as set forth in the
Subdivision Ordinance shall be required. The sidewalks and street trees
shall provide separation from the street and public areas.
L. Dwelling units. No more than sixteen (16) dwelling units shall be permitted
within any one floor level of a building.
5
IV. Requirements for Specific Tracts.
A. Tract A.
1. Permitted uses shall be limited to:
a. In additional to the uses specified in Section III, uses permitted by
right and with certain restrictions in the Community Business
(C-3) District, plus townhouse and multifamily uses, except that
the following uses shall not be permitted:
(i) Feed, seed and ice sales.
(ii) Fraternal uses.
(iii) Indoor flea markets.
(iv) Kennels, commercial.
(v) Material reclamation receiving centers.
(vi) Motor vehicle sales and rental.
(vii) Secondhand and consignment stores.
(viii) Taxidermies.
(ix) Warehouses.
b. Model homes, in accordance with Zoning Ordinance Section
19-65(a).
C. Live/Work Units, defined as Townhouses with first floor
commercial or office uses with a residential unit on the upper
floor(s). The first floor maybe occupied by a different user than
the occupant of the upper floors.
d. Public and private profit -making clubs.
e. Condominium units defined as a form of ownership where the land
is held in common and the individual unit is held in fee. Any of
the permitted uses maybe designed as condominiums.
f. Mixed -Use Buildings, defined as multi -story buildings that
accommodate a combination of commercial and/or office and/or
residential uses within the same structure.
g. Bed and breakfast. A bed and breakfast is defined as a building or
group of buildings designed for transient occupancy. The owner or
operator of the bed and breakfast may or may not live in the bed
and breakfast. The bed and breakfast may contain areas for a
central kitchen, meeting rooms, dining room, restaurant, and
recreation room.
h. Fishing dock, boat dock, and/or boat house, and only in
conjunction with the active recreational uses.
i. Accessory uses permitted in the R-TH, R-MF, and C-3 ,Zoning
Districts, except as restricted herein.
2. Requirements.
a. Except for the exceptions and modifications to the Zoning
Ordinance that are set out in the Textual Statement, all uses in
Tract A shall conform to the requirements of the Emerging Growth
District Standards for office and commercial uses.
b. With the exception of one user that shall not to exceed 70,000
gross square feet and a second individual commercial user that
shall not exceed 50,000 gross square feet, no other individual
commercial user shall exceed 20,000 gross square feet. Any
individual commercial user that exceeds 10,000 square feet will
not be attached to any other individual commercial user greater
than 10, 000 square feet.
C. Separation between buildings. There shall be a urn
separation of ten (10) feet between free-standing commercial
buildings, freestanding mixed -use buildings, free-standing
condominiums or multi -family buildings, rows of townhouses or
live/work units, free-standing offices, bed and breakfast, and
recreational buildings. These areas of separation shall be designed
as pocket parks and/or as pedestrian accesses.
d. Townhouses and Live/Work Units
(i) Lot area and width. Each lot shall have an area of not less
than 21,000 square feet and a lot width of not less than
twenty (20) feet.
(ii) Percent of lot coverage. All buildings, including accessory
buildings, shall not cover more than ninety (90) percent of
the lot's area.
Front yard. Minimum of zero (0) feet in depth except as
provided for along Kingsland Glen Drive.
N
�10
(iv) Side yard. Aside yard of not less than seven and a half
(7.5) shall be provided for each end residence provided a
minimum separation of fifteen (15) feet shall be provided
between rows except as provided for along Kingsland Glen
Drive.
(v) Rear yard. Minimum of zero (0) feet in depth except as
provided for along Kingsland Glen Drive.
(vi) Height. Units shall be a minimum of two (2) stories and a
maximum of four (4) stories.
(vii) Limitation on number of units. A maximum of twelve (12)
townhouses or Live/Work units shall be permitted within a
group of attached units.
e. Multifamily Units.
(i) Parcel area and density. There shall be no muumum parcel
size. There shall be no maximum density other than the
maximums set forth in the proffers.
(ii) Percent of lot coverage. All buildings, including accessory
buildings, on any lot shall not cover more than ninety (90)
percent of the lot's area.
(iii) All other requirements set forth in the R-MF required
conditions shall be as set forth in the Textual Statement.
Tract B .
1. Permitted uses shall be limited to:
a. Detached Small Lot Units.
b. Townhouses.
C. Multi --Family.
d. Model homes, in accordance with Zoning Ordinance Section
19-65(a).
e. Public and private profit -making clubs.
f. Condominium units defined as a form of ownership where the land
is held in common and the individual unit is held in fee. Any of
the permitted uses may be designed as condominiums.
8
2.
g. Live/Work units as defined in Tract A but limited to the following
uses:
(i) Offices.
(ii) Art/crafts studio
(iii) Barber or beauty shop (no tanning or toning equipment).
(iv) Book store.
(v) Catering establishments.
(vi) Nursery school
(vii) Florist shop.
(viii) Interior design/decorating.
(ix) Jewelry, watch, and clock repair and engraving.
(x) Locksmith.
(xi) Eyewear sales and service.
(xii) Nail sculpture, manicurist.
(xiii) Photography studio.
(xiv) Picture framing.
(xv) Tailoring, dressmaking, upholstery shop.
(xvi) Tutoring, education or training (no more than five children
or two adults at any one time).
h. Family day-care homes, provided that no more than five children
exclusive of the provider's own children and any children who
reside in the home receive care at any one time during a 24-hour
day.
i. Accessory uses permitted in the R-TH and R-MF Zoning Districts.
Requirements.
a. Small Lot Detached Units
E
(i) Lot area and width. Each lot shall have an area of not less
than 31,000 square feet and a lot width of not less than thirty
(30) feet.
(ii) Percent of lot coverage. All buildings, including accessory
buildings, shall not cover more than eighty (90) percent of
the lot's area.
(iii) Front yard. Minimum of zero (0) feet in depth except as
provided for along Kingsland Glen Drive.
(iv) Side yard. Aside yard of not less than two and a half (2.5)
feet and a minimum of five (5) feet shall be provided
between each small lot residential unit except as provided
for along Kingsland Glen Drive.
(v) Rear yard. Minimum of zero (0) feet in depth except as
provided for along Kingsland Glen Drive.
(vi) Height. Small Lot Detached units shall be a maximum of
three (3) stories.
b. Townhouses and Live/Work Units, except for the use limitation,
shall conform to the same requirements set forth in Tract A.
C. Multifamily Units shall conform to the same requirements set forth
in Tract A.
C. Tract C. Tract C is designed for single --family detached units. Tract C will be
accessed and associated with the adjacent residential subdivision proposed south
of the lake.
\3033667.15
1. Uses.
a. Single family detached residential uses.
b. Accessory uses permitted in the R-9 Residential District.
C. Model homes, in accordance with Zoning Ordinance Section
19-65(a).
2. Requirements. Except as set out in Textual Statement, development in
Tract C shall conform to the requirements of the R-9 Residential District.
10
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WATERMARK CONCEPTUAL PLAN
USE LOCATIONS
SINGLE FAMILY
DETACHED
TOWNHOUSE �
LIVE 1 WORK
MIXED USE 1
COMMERCIAL 1 OFFICE
MULTI -FAMILY 1
CONDOMINIUM
EXHIBIT 131
J U N E 15, 2006
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