06SN0190
June 20, 2006 CPC
Jul)' 18,2006 CPC
August 23, 2006 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
06SNO 190
Gray Land and Development Company, LLC
Midlothian Magisterial District
Watkins Elementary, Midlothian Middle and Midlothian High Schools Attendance Zones
West line of Route 288
REQUEST: Rezoning from Agricultural (A) and General Industrial (1-2) 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.
PROPOSED LAND USE:
A mix of residential, office and commercial uses is proposed. A maximum of
1,600 residential units to include cluster residential, townhome and multifamily,
as well as a maximum of 350,000 gross square feet of commercial and office uses
is planned. (Proffered Condition 3)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 9.
STAFF RECOMMENDATION
Recommend approval subject to the applicant reducing residential densities north of the creek
(Tract C). This recommendation is made for the following reasons:
A. Although the proposed commercial uses south of the creek do not conform to the
Route 288 Corridor Plan which suggests the property is appropriate for a mix of
residential and office uses, the proposal provides a unique opportunity for
Providing a FIRST CHOICE community through excellence in public service
traditional neighborhood development where both residential and commercial
uses can work in synergy to create an urban lifestyle environment.
B. The proposed residential densities north of the creek do not conform to the Route
288 Corridor Plan which suggests the property is appropriate for residential uses
of one (1) dwelling per acre or less. As proposed, residential densities north of
the creek would yield approximately 2.9 dwelling units per acre.
C. The proffered conditions 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 mitigate the impact on capital
facilities, thereby insuring adequate service levels are maintained and protecting
the health, safety and welfare of County citizens.
(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.)
PROFFERED CONDITIONS
The Owners and the Developer (the "Developer") in this zoning case, pursuant to subsection
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 715-714-4678,713-712-8031
(part), and 716-713-5414 (part) (the "Property") under consideration will be developed according
to the following conditions if, and only if, the rezoning request for rezoning to C-3, with a
conditional use planned development and a conditional use are 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.
(STAFF/CPC)
1.
Master Plan. The Textual Statement dated November 14, 2005,
and last revised June 29, 2006, the Zoning Plan titled "Zoning
Map, Rose Tract (West), The Village of Westchester, Midlothian,
Virginia," dated June 5, 2006, prepared by Glave & Holmes
Associates, and the Conceptual Plan titled "Conceptual Plan., Rose
Tract (West), The Village of Westchester, Midlothian, Virginia,""
dated June 5, 2006, prepared by Glave & Holmes Associates, shall
be considered the Master Plan. The Master Plan shall be
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06SN0190-AUG23-BOS
(STAFF/cpe)
(ST AFF /CPC)
(STAFF/epe)
(STAFF/epC)
considered the schematic plan set forth In Zoning Ordinance
Section 19-261. (P)
2.
Timbering. With the exception of timbering, which has been
approved by the Virginia State Department of Forestry, 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)
3.
Densitv.
A. The maximum number of dwelling units permitted on the
Property shall be 1,600, of which a maximum of 400
dwelling units shall be permitted on Tract C and a
minimum of 100 dwelling units shall be provided in Tract
A.
B. Commercial and office uses shall be limited to a total
maximum of 350,000 gross square feet.
c. Any commercial or office square footage located within the
Live/Work units, as defined in the Textual Statement, shall
count toward the non-residential maximums.
D. Until construction has begun on a minimum of 70,000
gross square feet of commercial and/or office uses in Tract
A, no more than a cumulative total of 900 residential
dwelling units shall be permitted within Tracts A, B, and C.
(P)
4.
Transportation Densitv. The maXImum density of this
development shall be 250 single-family units, 1, 1 00 townhouses~
250 senior adult units - detached, 75,000 square feet of shopping
center, 150,000 square feet of general office, and 100 room hotel;
or equivalent density as determined by the Transportation
Department. (T)
5.
Cash Proffers. The Developer, subdivider, or assignee(s) shall pay
the following to the County of Chesterfield prior to the issuance of
a building permit for infrastructure improvements within the
service district for the Property:
A. $15,600.00 per dwelling unit if paid prior to July 1, 2006.
At the time of payment, the $15,600 will be allocated pro-
rata among the facility costs as follows: $5,331 for
schools, $602 for parks and recreation, $348 for library
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06SN0190-AUG23-BOS
facilities, $8,915 for roads, and $404 for fire stations.
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 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 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 I of the fiscal year in which the payment is
made if paid after June 30, 2006.
c. If, upon the mutual agreement of the Transportation
Department and the Developer, the Developer provides
road improvements (the "Improvements"), other than those
identified in Proffered Condition 10, then the transportation
component in this Proffered Condition shall be reduced by
an amount not to exceed the cost to construct the
Improvements so long as the cost is of equal or greater
value than that which would have been collected through
the payment(s) of the road component of the cash proffer as
determined by the Transportation Department. Once the
sum total amount of the cash proffer credit exceeds the cost
of the Improvements, as determined by the Transportation
Department, thereafter the Developer shall commence
paying the cash proffer as set forth in this Proffered
Condition as adjusted for the credit. For the purposes of
this proffer, the costs, as approved by the Transportation
Department, shall include, but not be limited to, the cost of
right-of-way acquisition, engineering costs, costs of
relocating utilities and actual costs of construction
(including labor, materials, and overhead) ("Work").
Before any Work is performed, the Developer shall receive
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06SN0190-AUG23-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/epe)
prior written approval by the Transportation Department
for the Improvements and any credit amount.
D. 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)
6.
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 1 9 years of age shall reside therein. (B&M)
7.
Senior Housing. Any dwelling units designated for senior housing
as defined in Proffered Condition on age-restriction shall be noted
on the site plan and/or on any subdivision plat. Such dwelling
units shall be grouped together as part of the same development
section(s). (P)
8.
Dedication. The following rights-of-way shall be dedicated, free
and unrestricted, to Chesterfield County, prior to, or in conjunction
with recordation of the initial subdivision plat or prior to any first
site plan approval or within sixty (60) days from a written request
by the Transportation Department, whichever occurs first. The
exact location of these rights-of-way shall be approved by the
Transportation Department.
A. Dedication of a ninety (90) foot wide right-of-way for the
proposed east-west major arterial ("Road A") from Watkins
Centre Parkway to Route 60.
B. Dedication of a ninety (90) foot wide right-of-way for the
proposed east-west major arterial ("Road B") from Road A
to Huguenot Springs Road.
c. Dedication of forty-five (45) feet of right-of-way from the
centerline of Huguenot Springs Road along that part of
Huguenot Springs Road immediately adjacent to the
Property. (T)
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06SN0190-AUG23-BOS
(STAFF/CPC)
(STAFF/CPC)
9.
Access.
A. No direct vehicular access, except for Road B and access
for emergency or construction shall be provided from the
Property to Huguenot Springs Road.
B. Prior to any site plan or in conjunction with tentative
subdivision review, an access plan from the Property to
Watkins Centre Parkway, Road A, or Road B, shall be
submitted to and approved by the Transportation
Department. Vehicular access from the Property to these
roads shall conform to the approved access plan. Prior to
any site plan approval for Tract D, an access easement
acceptable to the Transportation Department shall be
recorded and/or a right-of-way dedicated to Chesterfield
County, as determined by the Transportation Department,
from Road A across Tract D to the adjacent properties. (T)
10.
Road 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, as determined by
the Transportation Department, 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 a four-lane divided road, to VDOT Urban
Minor Arterial Standards (50MPH) with modifications
approved by the Transportation Department, for Road A
from Watkins Centre Parkway to Route 60.
B. Construction of a two-lane road, to VDOT Urban Minor
Arterial Standards (50MPH) with modifications approved
by the Transportation Department, for Road B from Road
A to Huguenot Springs Road.
c. Improve/widen the east side of Huguenot Springs Road for
the entire Property frontage to an eleven (11) foot wide
travel lane, measured from the existing centerline of the
road, with an additional one (1) foot wide paved shoulder
plus a seven (7) foot wide unpaved shoulder, and
overlaying the full width of the road with one and one half
(1.5) inches of compacted bituminous asphalt concrete,
with modifications approved by the Transportation
Department.
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06SN0190-AUG23-BOS
D. Construction of additional pavement along Huguenot
Springs Road at the Road B intersection to provide left and
right turn lanes.
E. Construction of additional pavement along Watkins Centre
Parkway, Road A, and Road B at each approved access,
including the Road A/Road B intersection, to provide left
and right turn lanes, based on Transportation Department
standards.
F. Construction of a new crossover on Route 60 to serve Road
A, if approved by VDOT, including left turn lanes in both
eastbound and westbound directions.
G. Construction of additional pavement along Route 60 at the
Watkins Centre Parkway and at the Road A intersections to
provide right turn lanes.
H. Construction of additional pavement along Watkins Centre
Parkway at its intersection with Route 60, to provide a six-
lane typical section (i.e., two (2) northbound lanes and four
(4) southbound lanes).
I. Construction of additional pavement along Road A at its
intersection with Route 60, to provide a six-lane typical
section (i.e., two (2) northbound lanes and four (4)
southbound lanes).
J. Construction of four (4) lane divided road including two (2)
roundabouts for Watkins Centre Parkway to Urban Minor
Arterial Standards (50MPH) with modifications approved
by the Transportation Department, from Route 60 to
Roundabout 3, as generally shown on Exhibits A and B.
K. Construction of an additional westbound lane along Route
60 from the end of the Route 288 southbound ramp to a
point beyond the Watkins Centre Parkway intersection for a
distance of approximately 1,000 feet.
L. Full cost of traffic signalization at the Route 60 and
Watkins Centre Parkway intersection; at the Road Band
Huguenot Springs Road intersection; at the Road A and
Road B intersection; at the Road A and the Route 60
intersection; and at each approved access onto Road A and
onto Road B, if warranted, as determined by Transportation
Department.
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06SN0190-AUG23-BOS
(ST AFF /CPC)
M. Dedication to Chesterfield County, free and unrestricted, of
any additional right-of-way (or easements) required for the
improvements identified above. In the event the Developer
is unable to acquire any "off-site" right-of-way that is
necessary for 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)
11.
Phasing Plan. 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 10, shall
be submitted to and approved by the Transportation Department.
Unless otherwise mutually agreed upon by the Transportation
Department and the Developer with supporting traffic study as
required by the Transportation Department, the approved phasing
plan shall require, among other things, that:
A. In conjunction with initial development, a four-lane divided
road for Road A from Route 60 to Watkins Centre Parkway
and a two-lane road for Road B from Road A to Huguenot
Springs Road including turn lanes and traffic signals for
both roadways as determined by the Transportation
Department, as described in Proffered Conditions 10.A, B,
E, F, G, I and L, shall be completed, as determined by the
Transportation Department.
B. Prior to recordation or site plan approval for a cumulative
total of more than 900 residential units and 35,000 square
feet of commercial and/or office uses, a four-lane divided
road for Watkins Centre Parkway, from Route 60 to
Roundabout 2 at Road A, as generally shown on Exhibits A
and B, including a roundabout, turn lanes and a traffic
signal as determined by the Transportation Department, as
described in Proffered Conditions 10.G, H, J and L, shall be
completed as determined by the Transportation
Department.
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06SN0190-AUG23-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
12.
c. In conjunction with any development that includes Road B
to Huguenot Springs Road, improvements to and turn lanes
along Huguenot Springs Road as described in Proffered
Conditions 10. C and D shall be completed as determined
by the Transportation Department. (T)
Route 288 Setback. A setback distance of two hundred (200) feet
for a residential unit or lot, exclusive of required yards, shall be
provided from the limited access right-of-way for Route 288,
unless a noise study demonstrates that a lesser distance is
acceptable as approved by the Transportation Department. Natural
vegetation shall be retained within the setback area unless
approved by the Planning Commission. (T)
13.
Restrictive Covenant. At a minimum, the restrictive covenants
shall contain language that addresses the following issues. Such
restrictive covenants shall be recorded prior to, or in conjunction
with, the recordation of any subdivision plat and/or site plan that
are adjacent to the following Chesterfield County Tax
Identification Numbers 713-713-3477, 713-714-1250, 713-715-
2505,713-715-9894,714-715-0732, 714-715-3790, 714-716-5343,
714-716-6785,714-717-9430,715-717-3158, and 713-713-0255:
A. In Tract C, Townhouses shall not be permitted within two
hundred (200) feet of the property line that is shared in
common with the Property and any of the parcels listed
above.
B. In Tract B and Tract C, a minimum of fifty (50) feet of
Open Space shall be provided along the property line that is
shared in common with the Property and any of the parcels
listed above. This Open Space area shall be owned by a
Property Owners Association within the Development and
retained as a buffer, except that (i) the removal of dead or
diseased vegetation and (ii) utility or drainage easements
shall be permitted. For any residential building lot which
abuts this Open Space, a privacy fence, a minimum of five
(5) feet in height, shall be constructed generally along the
property line of each lot which abuts the Open Space. (P)
14.
VDOT Standards. All roads that accommodate general traffic
circulation through tracts that are developed for single-family,
townhouse or condominium uses, as determined by the
Transportation Department, shall be designed and constructed to
VDOT standards and taken into the State System. (T)
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06SN0190-AUG23-BOS
GENERAL INFORMATION
Location:
West line of Route 288 adjacent to Powhatan County and the east line of Huguenot
Springs Road, north and south of Dragonade Trail. Tax IDs 713-712- Part of 8031; 715-
714-4678; and 716-713-Part of5414.
Existing Zoning:
A and 1-2 with Conditional Use Planned Development
Size:
287.7 acres
Existing Land Use:
Vacant
Adiacent Zoning and Land Use:
North - Powhatan County
South - 1-2 with Conditional Use Planned Development; Vacant
East - R-25; Route 288
West - R-25, A and 1-2 with Conditional Use Planned Development; Single family
residential or vacant
UTILITIES
Public Water System:
There is an existing twelve (12) inch water line along Huguenot Springs Road adjacent to
the western boundary of this site. This twelve (12) inch line is served from the twenty-
four (24) inch water line along Midlothian Turnpike and the Huguenot Spring Water
Tank, which is located adjacent to the intersection of Midlothian Turnpike and Huguenot
Springs Road. This site is adjacent to the northern portion of the proposed Watkins
Centre, zoning of which has been approved under case 06SN0191. On site improvements
of the public water system by the developers of the Watkins Centre will involve
extending appropriately sized water lines along the future connector roads between
Midlothian Turnpike and Huguenot Springs Road. The final location of these connector
roads, relative to the request site, has yet to be finalized. To provide public water to the
request site, an extension from the proposed lines in the Watkins Centre will be necessary
with looping of an adequately sized water line back to the twelve (12) inch line along
Huguenot Springs Road. The water pressure in this area may exceed the maximum
allowed pressure for the proposed residential and/or commercial development therefore,
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06SN0190-AUG23-BOS
individual pressure regulators will be necessary on service lines. Due to the location of
the request site within the boundary of the Route 288 Corridor Plan, use of the public
water system is required by County Code.
Per Utilities Department Design Specifications (DS-21), wherever possible, two (2)
supply points shall be provided for subdivisions containing more than twenty-five (25)
lots.
Public Wastewater System:
The request site lies within the Michaux Creek drainage basin. There is an eXIsting
twenty-seven (27) inch wastewater trunk line extending along Michaux Creek
approximately 860 feet east of the right-of-way of Route 288. To facilitate future
extension of the public wastewater system, a "dry" sixteen (16) inch wastewater line was
installed across the right-of-way of Route 288 during the highway construction. Due to
the location of the request site within the boundary of the Route 288 Corridor Plan, use of
the public wastewater system is required by County Code. The northern portion of this
site drains to a separate basin within the Michaux Creek drainage basin. If this portion of
the request site cannot be served by a gravity wastewater line extension from the sixteen
(16) inch wastewater line mentioned above, then a separate extension from Michaux
Creek, including boring a casing across the right-of-way of Route 288, will be required.
ENVIRONMENT AL
Drainage and Erosion:
The subject property drains under adjacent Route 288 to Michaux Creek and then via
Michaux Creek to the James River. There are currently no known on- or off-site drainage
or erosion problems and none are anticipated after development. The property is
relatively steep; however, the slopes are consistent throughout and care should be taken
in the design of the development so as to minimize the amount of disturbance at anyone
time.
The property is wooded and, as such, should not be timbered without obtaining a land
disturbance permit from the Department of Environmental Engineering. This will insure
that adequate erosion control measures are in place prior to timbering. (Proffered
Condition 2)
Water Oualitv:
There are several perennial streams on the property. One (1) perennial stream centrally
bisects the property. All perennial streams are subject to a 100 foot conservation area
inside of which there are very limited uses.
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06SN0190-AUG23-BOS
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 new stations, the Plan also recommends the expansion of five (5)
existing stations. Based on 1600 dwelling units, this request will generate approximately
280 calls for fire and emergency medical service each year. The applicant has addressed
the impact on fire and EMS. (Proffered Condition 5)
The Midlothian Fire Station, Number 5 and Forest View Volunteer Rescue Squad
currently provide 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.
Where alleys are required to be used for Fire Department access, they must meet the
minimum requirements of the 2003 International Fire Code Appendix - 0 "Fire
Apparatus Access Roads".
Schools:
Approximately 848 students will be generated by this development.
Currently this site lies in the Watkins Elementary School attendance zone: capacity-
752, enrollment - 759; Midlothian Middle School: capacity - 1,301, enrollment - 1,467;
and Midlothian High School: capacity - 1,589, enrollment - 1,582. The enrollment is
based on September 30, 2005 and the capacity is as of 2005-2006. There are currently
seven (7) trailers at Watkins Elementary and six (6) trailers at Midlothian Middle.
The current Capital Improvements Plan and the Public Facilities Plan contain no new
facilities in this area. Increased capacity for this area will be provided by additions to
these schools by 2012. This case, combined with other tentative residential developments
and zoning cases in the zones, would continue to push these schools to capacity,
necessitating some form of relief in the future.
The applicant has addressed the impact of the development on school facilities (Proffered
Condition 5)
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06SN0190-AUG23-BOS
Libraries:
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 this property would most likely affect the existing Midlothian Library or
the proposed new library in the Robious Road area as identified in the Public Facilities
Plan. The applicant has addressed the impact of the development on library facilities
(Proffered Condition 5)
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 offered measures to assist in addressing the impact of this proposed
development on these parks and recreation facilities. (Proffered Condition 5)
Transportation:
The property (287.7 acres) is mostly zoned Agricultural (A), 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 250 single-family units,
1,100 townhouses, 250 senior adult-detached units, 75,000 square feet of office, 150,000
square feet of shopping center and a 100 room hotel, or equivalent density (Proffered
Condition 4). Based on single-family, townhouse, office, shopping center and hotel trip rates,
the proposed mixed-use development could generate approximately 17,680 average daily
trips. These vehicles will be initially distributed along Midlothian Turnpike (Route 60) which
had a 2005 traffic count of 31,385 vehicles per day, and to Huguenot Springs Road which
had a 2004 traffic count of 1 ,318 vehicles per day. The capacities of both these roads are
acceptable (Level of Service B for Route 60 and Level of Service C for Huguenot Springs
Road) for the volumes of traffic they carry.
The Thoroughfare Plan identifies Huguenot Springs Road as a major arterial with a
recommended right of way width of ninety (90) feet. The applicant has proffered to dedicate
forty-five (45) feet of right of way measured from the centerline of Huguenot Springs Road,
in accordance with that Plan. (Proffered Condition 8.C)
The Thoroughfare Plan also identifies a proposed north/south major arterial ("Watkins
Centre Parkway") with a recommended right of way width of ninety (90) feet, from Route 60
at the Watkins Centre Parkway intersection north to Route 288. The Plan includes an
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06SN0190-AUG23-BOS
east/west major arterial with a recommended right of way width of ninety (90) feet, running
parallel to Route 60 and extending from Watkins Centre Parkway west to Huguenot Springs
Road. Both Exhibits (the Zoning Map and the Conceptual Plan) that were included in the
application, propose realignment of the east/west arterial by extending a road ("Road A")
from Watkins Centre Parkway to Route 60 and providing another road ("Road B") from
Road A to Huguenot Springs Road. The alignments of these roads are consistent with the
road alignments that were included in the county's pro-active rezoning case (Case
06SNO 191). The applicant has proffered to dedicate ninety (90) foot wide rights of way for
Road A and Road B. (Proffered Conditions 8.A and B)
Access to major arterials, such as Huguenot Springs Road, Watkins Centre Parkway, Road A
and Road B, should be controlled. The applicant has proffered that direct vehicular access
from the property to Huguenot Springs Road, except for emergency or construction access,
will be limited to Road B (Proffered Condition 9.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 Watkins Centre Parkway, Road A and Road B (Proffered
Condition 9.B). Access from the property to these roads will be based on the approved access
plan. Staff has been discussing access to Road A and Road B with the applicant. The
accesses as shown on the Conceptual Plan will need to be modified. Tract D is located in the
southwest comer of the proposed Watkins Centre Parkway/Road A intersection. Due to its
proximity to that intersection, direct vehicular access from Tract D to these roads may be
prohibited. No direct access is anticipated from Tract D to Watkins Centre Parkway. If
adequate access separation can be provided along Road A, the applicant has proffered to
grant an easement and/or dedicate a right of way to share the Tract D access with adjacent
properties. (Proffered Condition 9.B)
As previously stated, the property will be developed for various types of residential uses.
Staff recommends that all of the main streets that serve single family, townhouse or
condominium uses 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 for these
types of residential uses, will be designed and constructed to State (i.e., the Virginia
Department of Transportation) standards and taken into the State System. (Proffered
Condition 14)
The traffic impact of this development must be addressed. The applicant has proffered to:
construct four-lane divided roads for Watkins Centre Parkway and Road A~ construct six-
lane typical sections for Watkins Centre Parkway and for Road A at their intersections with
Route 60, construct a two-lane road for Road B; construct an additional westbound lane
along Route 60 from the Route 288 southbound ramp through the Watkins Centre Parkway
intersection; construct a new crossover on Route 60 to serve Road A, if approved by VDOT;
widen and provide shoulders for Huguenot Springs Road for the entire property frontage; and
provide the customary improvements such as turn lanes and traffic signals (Proffered
Condition 10). It is anticipated that both left and right turn lanes will be warranted at each
full access location along Road A and Road B including at the Road A/Road B intersection.
14
06SN0190-AUG23-BOS
The applicant has proffered to provide a phasing plan for the proffered road improvements
(Proffered Condition 11). According to Proffered Condition 11, the approved phasing plan
would require, with initial development of the property, the construction of Road A as a four-
lane road from Route 60 to Watkins Centre Parkway and the construction of Road B as a
two-lane road from Road A to Huguenot Springs Road. The approved phasing plan would
also require construction of Watkins Centre Parkway as a four-lane road from Route 60 to
Road A prior to more that 900 residential units and 35,000 square feet of commercial/office
use on the property. The phasing plan outlined in the proffers does not specifically address
when the westbound lane along Route 60 from Route 288 through the Watkins Centre
Parkway intersection will be required. The requirement for this improvement will be
evaluated beyond development of more that 900 residential units and 35,000 square feet of
commercial/office uses.
Acquisition of "off-site" right of way will be necessary to construct some of the road
improvements. According to Proffered Condition 10, if the developer needs off-site right of
way for any of the proffered road improvements 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 10.M)
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 provide cash
contributions, in an amount consistent with the Board of Supervisors' Cash Proffer Policy,
towards mitigating the traffic impact of this development (Proffered Condition 5). Proffered
Condition 5 would allow, upon mutual agreement of the Transportation Department and the
applicant, the applicant to provide road improvements equal to the cost of such payment(s).
This option will be considered at time of site plan and/or tentative subdivision plat review.
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 road improvement projects in this part of
the county are included in the Six-Year Improvement Plan.
At time of site plan and/or tentative subdivision plat review, specific recommendations will
be provided regarding access, internal street network and phasing of the road improvements.
15
06SN0190-AUG23-BOS
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 1600* 1.00
Population Increase 4,352.00 2.72
Number of New Students
Elementary 372.80 0.23
Middle 208.00 0.13
High 270.40 0.17
TOTAL 851.20 0.53
Net Cost for Schools 8,556,800 5,348
Net Cost for Parks 966,400 604
Net Cost for Libraries 558,400 349
Net Cost for Fire Stations 648,000 405
Average Net Cost for Roads 14,307,200 8,942
TOTAL NET COST 25,036,800 15,648
* Based on a proffered maximum yield of 1600 dwelling units (Proffered Condition 3.A.). 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 would
defray the cost of the age-restricted portion of the proposed development, as it will not have an
increased impact on school facilities. Consistent with the Board of Supervisors' policy, and
proffers accepted from other applicants, the applicant has offered cash and road improvements,
upon mutual agreement between the County and the Developer, to assist in defraying the cost of
this proposed zoning on such capital facilities. (Proffered Condition 5)
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.
16
06SN0190-AUG23-BOS
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Route 288 Corridor Plan which suggests property south
of the creek is appropriate for a mix of office and residential uses and property north of
the creek is appropriate for residential use of one (1) dwelling unit or less per acre.
Area Development Trends:
Adjacent properties to the south are zoned General Industrial (1-2) with Conditional Use
Planned Development as part of proactive zoning case initiated by the Board of
Supervisors for a mix of commercial, office and industrial uses. These uses include the
development of a lifestyle/entertainment center to be located at the northwest quadrant of
the Midlothian Turnpike/Route 288 interchange. Properties to the west and northwest are
zoned for 1-1 and limited 1-2 uses as part of the aforementioned proactive zoning case;
are zoned Residential (R-25) as part of the Huguenot Ridge Subdivision; or are zoned A
and occupied by single family residences on acreage parcels or are currently vacant. It is
anticipated that any development/redevelopment of surrounding agricultural properties
bordering Powhatan County will be for low density residential development consistent
with recommendations of the Plan.
Zoning History:
On February 22, 2006, the Board of Supervisors, upon a favorable recommendation by
the Planning Commission, approved a rezoning of a 786 acre tract to General Industrial
(1-2) with Conditional Use Planned Development to permit a mix of commercial, office
and industrial uses along the north and south lines of Midlothian Turnpike, between
Route 288 and Huguenot Springs Road (Case 06SN0191). A 4.6 acre portion of property
affected by this case is included in the current request.
Site Design:
The property is proposed for a mix of residential uses, to include cluster, townhome 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.
The property is divided into four (4) development tracts. Uses will be located and
developed as depicted on the Zoning Plan (Attachment) and the Conceptual Plan
(Attachment), as described in the Textual Statement (Attachment) and the proffered
conditions. The boundaries and sizes of Tracts A, Band 0, including further divisions
into Sub-tracts, may be modified so long as their relationship with each other and any
adjacent properties is maintained. The location of uses within each Tract may be
17
06SN0190-AUG23-BOS
modified provided the transitions and separations between that Tract and adjacent Tracts
as well as adjacent properties are maintained. (Textual Statement II.B and C and
Proffered Condition 1)
Unless specifically regulated by the Textual Statement, the development of all Tracts
must comply with the requirements of the Zoning Ordinance for Community Business
(C-3) uses in an Emerging Growth District. These standards promote high quality, well
designed projects. Such standards address access, parking, landscaping, architectural
treatment, setbacks, signs, utilities, and screening of dumpster and loading areas.
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 yard sales associated with
residential uses would also be permitted throughout the project subject to minimum
standards of the Ordinance relative to these uses. (Textual Statement III.A, Band L)
Uses and Special Development Standards: Specific Tracts:
Tract A:
Tract A, consisting of approximately thirty (30) acres, is located at the northwest
quadrant of proposed Watkins Centre Parkway and Road "A". This Tract
represents the urban center of the development, permitting a mix of commercial
and office uses, as well as "Mixed Use Buildings" which accommodate
multifamily residential uses on upper floors (Textual Statement IV.A.3). Within
Tract A, non-residential uses would be limited to the majority of those uses
permitted by right or with restrictions in the Neighborhood Business (C-2)
District as well as a limited number of Community Business (C-3) uses that are
considered compatible with the project (Textual Statement IV .A.1). Proffered
conditions address the minimum amount of residential and commercial uses to be
provided in Tract A to insure a mixed-use development. (Proffered Conditions
3.A and D)
Design standards have been proposed to assist in integrating this urban center
with the adjacent Tract B thereby promoting community character. These include
an overall architectural theme, building height and maximum gross square
footages for all commercial users as well as individual users. Setback reductions
along Watkins Center Parkway are also consistent with those approved for
proposed lifestyle/entertainment center located on the east side of Watkins Center
Parkway. (Textual Statement III.F and IV.A.2)
18
06SNOI90-AUG23-BOS
Tract B:
Tract B, consisting of approximately 113 acres, represents the transition north and
west between Tract A and the proposed residential uses in Tract C. This Tract
would be limited to multifamily and townhouse residential uses, as well as
"Live/Work" units which permit commercial or office uses on the first floor of
townhouse units. To accommodate a neighborhood-oriented service base that is
compatible with area residential development, first floor uses within "Live/Wark"
units would be limited to the majority of uses permitted by right or with
restrictions in the Neighborhood Business (C-2) District. (Textual Statement
IV.B)
Tract C:
Uses:
Tract C, located north of the creek, would be limited to a maximum of 400
dwelling units to include cluster residential and townhouse uses (Proffered
Condition 3.A). Cluster residential lots would contain a minimum area of
4,580 square feet and townhouse lots would contain a minimum area of
1,280 square feet (Textual Statement IV.C). Development standards
would include garage location and hardscaping of driveways, as well as
open space, street tree and sidewalk provisions, as discussed herein.
Densitv:
Tract C contains approximately 140 acres on which a maximum of 400
dwelling units are proposed, yielding a density of approximately 2.9 units
per acre. The Plan suggests residential densities of one (1) dwelling unit
per acre or less. Staff recommends a reduction in the number of proposed
dwelling units to achieve compliance with the suggested densities of the
Plan.
Tract D:
Tract D, consisting of approximately five (5) acres, is located at the southwest
quadrant of the proposed Watkins Centre Parkway and Road "A". This Tract
would be limited to those uses permitted by right or with restrictions in the
Corporate Office (0-2) and Neighborhood Business (C-2) Districts. Conditions
require that this property be considered as part of a project with the adjacent 1-2
property to the south that was zoned for commercial and office development as
part of Case 06SNO 191 (Tract C). As such, uses, square footage limitations and
setback reductions along Watkins Center Parkway are consistent with those
approved for the adjacent property. (Textual Statement IV.D)
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06SN0190-AUG23-BOS
Parking:
The Ordinance requires a minimum of two (2) off-street parking spaces for each
residential single family, multifamily and townhouse unit, except age restricted
multifamily dwellings which require a minimum of 1.2 parking spaces for each such unit.
The applicant proposes that the provision for 1.2 parking spaces apply to all age restricted
housing, whether multifamily, single family or townhouse. (Textual Statement 111.E.2 and
3)
For mixed-use developments (Tracts A and B), 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 and 2.5 spaces for
every dwelling unit associated with a Live/Work unit, with no parking provision for the
"work" portion of each unit. (Textual Statement III.E.4 and 5)
With no data to substantiate reductions in parking requirements for both age-restricted
single family and townhouse residential products and mixed-use developments, 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.
Street Trees"l Sidewalks and Open Space:
Sidewalks and street trees shall be provided along each side of public roads, excluding
Route 288. (Textual Statement III.C and D)
Conditions require a minimum provision of open space within Tracts B and C, a portion
of which must be usable to accommodate public gathering areas and recreational and
social events for residents. (Textual Statement 111.1)
Parcel Frontage and Setbacks:
To accommodate a traditional neighborhood design, building setbacks will not be
required from lot/parcel lines and internal roads (Textual Statement III.H). Buildings
may front on public roads, as well as open spaces or courtyards with appropriate access
easements. (Textual Statement III.G)
Allevs:
Alleys may be provided throughout the development. The Textual Statement contains
language establishing minimum standards for alleys (111.1). The location and design of
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06SN0190-A U G23-BOS
alleys is best addressed during plan review when more details are known; therefore, this
language should be omitted from the Textual Statement.
Restrictive Covenants:
Proffered Condition 13 requires the recordation of a restrictive covenant in conjunction
with the recordation of any subdivision plat. It is important to note that the County will
only insure the recordation of the covenant and will not be responsible for its
enforcement. Once the covenant is recorded, it can be changed.
CONCLUSIONS
Although the proposed commercial uses south of the creek do not conform to the Route 288
Corridor Plan which suggests the property is appropriate for a mix of residential and office uses,
the proposal provides a unique opportunity for traditional neighborhood development where both
residential and commercial uses can work in synergy to create an urban lifestyle environment.
The proposed residential densities north of the creek do not conform to the Route 288 Corridor
Plan which suggests the property is appropriate for residential uses of one (1) dwelling per acre
or less. As proposed, residential densities north of the creek would yield approximately 2.9
dwelling units per acre.
The proffered conditions 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 mitigate the impact on capital
facilities, thereby insuring adequate service levels are maintained and protecting the health,
safety and welfare of County citizens.
Given these considerations, approval of this request is recommended subject to the applicant
reducing residential densities north of the creek (Tract C) consistent with those recommended by
the Plan.
CASE HISTORY
Planning Commission Meeting (6/20/06):
On their own motion, the Commission deferred this case to July 18, 2006.
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06SN 0190- AU G 23- BOS
Staff (6/21/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than June 26, 2006, for consideration at the Commission's
July 18, 2006, public hearing.
Applicant (6/29/06, 7/7/06 and 7/18/06):
Revised proffered conditions and Textual Statement were submitted.
Planning Commission Meeting (7/18/06):
The applicant accepted the recommendation. There was no opposition present.
Mr. Gecker noted that the higher residential densities north of the creek provided an
appropriate transition between the proposed development to the south and existing lower
density development to the northwest.
On motion of Mr. Gecker, seconded by Mr. Bass, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 through 8.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, August 23, 2006, beginning at 7:00 p.m., will take
under consideration this request.
22
06SN 0 190- AU G 23- BOS
Gray Land and Development Company, LLC
Rose Tract (West)
Textual Statement
November 14,2005
Revised March 24, 2006
Revised June 5,2006
Revised June 7, 2006
Revised June 9, 2006
Revised June 12, 2006
Revised June 29, 2006
This application contains two exhibits described as follows:
Exhibit A - Plan titled "Zoning Map, Rose Tract (West), The Village of Westchester,
Midlothian, Virginia," dated June 5, 2006, prepared by Glave & Holmes Associates
Exhibit B - Plan titled "Conceptual Plan, Rose Tract (West), The Village of Westchester,
Midlothian, Virginia," dated June 5, 2006, prepared by Glave & Holmes Associates.
I. Rezone. Rezone the 287.7 acre Property (the "Property") from A to C-3 with a
Conditional Use ("CD") to permit townhouse and multifamily residential uses and a
Conditional Use Planned Development ("CDPD") to permit exceptions to Ordinance
requirements as set forth below.
II. General Conditions.
A. The development (or the "Community") shall have a traditional neighborhood
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 Zoning Map. Further, the location and
size of Tracts A, B and D may be modified so long as they generally maintain
their relationship with each other and any adjacent properties. All Tracts may
be further divided into Sub-Tracts. 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 (a designated portion of a Tract)
divisions may be created at the time of Tentative Subdivision or Site Plan
review and shall not require a separate review as a Tract modification,
provided there is no adjustment in the overall Tract boundary. There shall be
no adjustment in the boundary of Tract C. The boundary of Tract C adjacent
to Tract B is generally a line 100 feet from the southern edge of the creek that
1
bisects the Property, as depicted in Exhibit A and Exhibit B. The boundary
between Tracts A and D shall be the approved alignment of Proposed
Road "A."
C. The 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 (consistent with and
responsive to the natural topography) with parking areas, except for those
parking areas located within streets, located in courtyards as further 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.
III. Requirements and Exceptions for All Tracts.
A. 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 within the property.
3. The model homes (sales offices) shall not be the primary real estate
office for the companies marketing the development.
B. Yard sales associated with residential uses, provided that the sale:
1. Is accessory to a principal use on the same property
2. Does not exceed two days in duration
3. Is conducted by the owner or lessee of the property on which it occurs
and includes only personal property owned by the seller and usual to a
household
4. Does not occur on the same property more than four times in anyone
calendar year and not more than twice within a 30-day period.
c. Sidewalks.
Generally, sidewalks shall be located on both sides of all public roads,
exclusive of Route 288. Sidewalks shall be provided to facilitate pedestrian
2
access within the Community and to link to uses on adjacent property unless
otherwise required by the Subdivision Ordinance.
D. Street Trees.
Street trees shall be planted or retained along each side of all public roads, with
the exception of Route 288.
E. Parking.
1. 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" and LivelWork Units,
residential units shall provide parking based on 2.0 spaces per dwelling
unit.
3. "Housing for older persons" shall provide parking based on 1.2 spaces
per dwelling unit.
4. LivelWork 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. Commercial or office uses in Tract A shall provide parking based on
3.4 spaces/l,OOO gross floor area.
6. Parking may be further reduced based on Zoning Ordinance Section
19-512.
7. 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.
8. Parking areas, except for those located within streets, shall be generally
located so as minimize 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.
F. Architectural Standards.
I . In conjunction with the initial 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
3
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. Except as provided elsewhere in the Textual Statement and within
Tract C, all buildings shall be a minimum of two (2) stories in height.
3. The maximum height for Mixed-Use Buildings, offices, or hotels shall
be six (6) stories. This height limit shall not restrict use of the roof of a
six (6) story building for features such as, but not limited to, patios~
decks, or gardens.
G. Frontage.
1. All buildings shall front on a public street, public or private open space,
or public or private courtyard.
2. 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 public or private open space, or a public or
private courtyard.
H. SetbacksN ards.
With the exception of Watkins Center Parkway, Road "A," Road "B," and
Huguenot Springs Road, all residential and non-residential buildings
(including accessory structures related thereto) shall have zero (0) foot setback
from all internal roads and lot/parcel boundaries. Provided however, that
comer side yards shall meet sight distance requirements as may be established
at the time ofsubdivisionlsite plan review.
I. Open Space.
1. Within Tract B, a minimum of 10 percent of the gross acreage of Tract
B shall be devoted to open space. Of this open space, a minimum of
50% shall be usable to accommodate public gathering areas such as
civic association events, special commercial events, and cultural
activities. Facilities to accommodate these uses shall be provided in
these spaces and can include, but not be limited to, pavilions, gazebos,
and amphitheatres.
2. Within Tract C, a minimum of20 percent of the gross acreage of Tract
C shall be recorded as open space. Of this open space, a minimum of
50% shall be usable to accommodate recreational and social gathering
areas for residents. These areas shall include, but not be limited to,
neighborhood parks, trails, hardscaped areas with benches and other
4
J. l\lle)'s.
2.
3.
4.
5.
6.
K. Streets.
amenities to facilitate community use. These open space areas shall not
include recreational areas as identified in III. L.
3. Open space shall be provided throughout the Property, including the
areas along the creek beds and external rights of ways as generally
noted in green on the Conceptual and Zoning Plans. These areas may
include the open space listed above; landscaped setbacks and boulevard
medians; creeks, ponds, and trails; active and passive recreational
areas, and neighborhood parks.
1. Alleys, where provided, will generally serve the rear or side portion of
a lot.
When provided, alleys will be located within a minimum eighteen (18)
foot wide private easement.
Alley pavement shall be a minimum of twelve (12) feet in width.
Allor part of the alley easement may be provided on the lot.
Utility easements may be permitted in the alleys as allowed by
Chesterfield County and private utility companies.
Alleys will be privately maintained by a property owners association.
Except for Watkins Centre Parkway, Road "A," and Road "B," 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 a right-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.
L. 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
(Le.: 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).
5
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
designated by the 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 an existing or proposed public road. Within the IOO-foot
setbacks, 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 adjacent property designated by the Plan for residential
development. Within this forty (40) foot setback, a buffer (which may
be 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 may be modified by the Planning Commission at the time of
plan review.
IV.' Requirements for Specific Tracts.
A. Tract A.
1. Uses. Uses within Tract A shall be limited to the following:
a. Hotels.
b. Liquor stores.
c. Continuous outside display of merchandise for sale, provided
that such use not exceed five (5) percent of the gross floor area
of the principal use and that such merchandise is displayed so as
not to obstruct sidewalks.
d. Sidewalk vendors, to include, but not limited to, food, fruit and
vegetable venders, provided that such uses do not obstruct
sidewalks.
6
e. Outdoor recreational uses that accommodate activities
accessory to uses located in the Tract and are conducted by area
business or homeowners associations within the development.
These uses would permit public gatherings for special events
such as art shows, concerts and theatrical performances. These
uses do not include commercial recreational uses such as, but
not limited to, skateboard parks, miniature golf and batting
cages.
f. Uses permitted by-right or with restrictions in the
Neighborhood Business (C-2) and the Corporate Office (0-2)
Districts except that the following uses shall not be permitted:
(i) Appliance store.
(ii) Department stores.
(iii) Funeral homes or mortuaries.
(iv) Furniture stores greater than 5,000 gross square feet.
(v) Hospitals.
(vi) Medical and dental laboratories.
(vii) Motor vehicle accessory stores.
(viii) Radio, television and other home entertainment, sales
and services stores greater than 5,000 gross square feet.
(ix) Telephone exchanges.
g. Community agricultural uses, limited to the propagation and
cultivation of crops, flowers, trees, and shrubs within open
space that is owned, operated and maintained by a homeowner's
association (such as a community garden and/or orchard),
including farm accessory buildings and structures related
thereto.
h. Accessory uses permitted in the C-2 and R-MF Zoning
Districts.
1. 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.
2. General Requirements for Tract A.
7
a. With the exception of a grocery store, which shall not exceed
70,000 gross square feet no other individual commercial users
shall be greater than 10,000 gross square feet. Hotels are not
subject to this limitation.
b. If development along Watkins Center Parkway is arranged in an
urban design layout with adjacent landscaped pedestrian ways,
setbacks shall be reduced to twenty-five (25) feet. Within these
setbacks, landscaping shall be installed in accordance with
"perimeter landscaping H" with low shrubs and ground cover
used appropriately in tree and/or shrub beds and at entrances.
Otherwise, setback and landscape requirements for the
Emerging Growth Areas shall apply.
c. Building setbacks and landscaping (including accessory
structures related thereto) for Road "A" shall comply with
Ordinance requirements for Emerging Growth Areas.
3. Requirements for Mixed-Use Buildings.
Commercial uses may only be located on the first floor of the building;
office uses may be located on any floor; Multi-Family Dwellings may
only be located above the first floor.
B. Tract B.
1. Uses. Within Tract B, uses shall be limited to the following:
a. Multiple Family Dwellings, defined as multi-story residential
buildings with individual dwelling units on separate floors.
b. 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 may be occupied by a different user
than the occupant of the upper floors.
c. Townhouses, defined as attached multi-story dwelling in groups
of two (2) or more.
d. Model homes, in accordance with Zoning Ordinance Section
19-65(a).
2. Requirements for Tract B.
a. If development along Watkins Center Parkway is arranged in an
urban design layout with adjacent landscaped pedestrian ways,
setbacks shall be reduced to twenty-five (25) feet. Within these
setbacks, landscaping shall be installed in accordance with
8
"perimeter landscaping H" with low shrubs and ground cover
used appropriately in tree and/or shrub beds and at entrances.
Otherwise, setback and landscape requirements for the
Emerging Growth Areas shall apply.
b. Residential and non-residential building setbacks and
landscaping (including accessory structures related thereto) for
Road "A," Road "B," and Huguenot Springs Road shall comply
with Ordinance requirements for Emerging Growth Areas.
3. Requirements for Townhouses:
a. Lot Area and Width: Each lot shall have an area of not less
than 1,280 square feet and a lot width of not less than sixteen
(16) feet.
b. Percentage of lot coverage. All buildings, including accessory
buildings, shall not cover more than ninety (90) percent of the
lot's area.
c. Group or Row Design. The total number of lots within each
attached group or row of townhouses shall not exceed twelve
(12).
d. Building Height. Townhouses shall be a minimum of two (2)
stories and a maximum of four (4) stories in height.
e. Garages. Front loaded garages shall be located no closer to the
street than the front fa~ade of the dwelling unit.]
4. Requirements for Live/Work Units:
a. Requirements for Live/Work Units shall be the same as set forth
for Townhouses.
b. Uses for Live/Work Units shall be uses permitted by-right or
with restrictions in the Neighborhood Business (C-2) District
except that the following uses shall not be permitted:
(i) Appliance store.
(ii) Churches and/or Sunday schools.
(iii) Communication studios, offices, and stations, exclusive
of towers, but does not include computer sales or
servIce.
(iv) Department stores.
9
(v) Funeral homes or mortuaries.
(vi) Furniture stores greater than 5,000 square feet.
(vii) Hospitals.
(viii) Medical and dental laboratories.
(ix) Motor vehicle accessory stores.
(x) Radio, television and other home entertainment, sales
and services.
(xi) Telephone exchanges.
c. At least fifty (50) percent of the ground floor shall be reserved
for non-residential uses. The remainder may be used for
residential uses, including garage or covered parking area and
access to the residential uses on the upper floors.
d. Except as specified, no non-residential uses shall be located
above the first floor.
e. The non-residential uses shall front on and have access to the
public street.
c. Tract C.
1. Uses.
a. Single Family Detached Dwellings.
b. Townhouses, defined as attached multi-story dwelling in groups
of two (2) or more.
c. Model homes, in accordance with Zoning Ordinance Section
19-65( a).
2. Requirements for Tract C.
a. Requirements for Single Family Detached Dwellings
(i) Lot Area and Width: Each lot shall have an area of not
less than 4,580 square feet and a lot width of not less
than forth-five (45) feet.
(ii) Percentage of lot coverage. All buildings, including
accessory buildings, shall not cover more than sixty (60)
percent of the lot's area.
10
(iii) Garages. Front loaded garages shall be located no closer
to the street than front fa.-;ade of the dwelling unit.
(iv) Other Standards. Any other development standards for
Single Family Detached Dwellings that are not set forth
in this section shall be as set forth in this Textual
Statement.
3. Requirements for Townhouses shall be the same as set forth for
Tract B.
11
D. Tract D.
1. Uses.
a. Uses permitted by right or with restrictions in the C-2 Zoning
District.
b. Uses permitted by right or with restrictions in the 0-2 Zoning
District.
2. Requirements.
a. This tract shall be considered as part of a project consisting of
this tract and Tax IDs 714-712-9323; 715-711-0444 and 4043;
and 715-712-3508. (Tract C of ease 06SN0191)
b. If development along Watkins Center Parkway is arranged in an
urban design layout with adjacent landscaped pedestrian ways,
setbacks shall be reduced to twenty-five (25) feet. Within these
setbacks, landscaping shall be installed in accordance with
"perimeter landscaping H" with low shrubs and ground cover
used appropriately in tree and/or shrub beds and at entrances.
Otherwise, setback and.landscape requirements for the
Employment Center Districts shall apply.
c. Uses shall be limited to an overall maximum of 8,000 gross
square feet per acre.
d. No individual user shall exceed 70,000 gross square feet.
\3415037.11
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