06SN0155
~farch 21, 2006 CPC
~1a)' 16, 2006 CPC
1fay 21, 2006 BS
July 18, 2006 CPC
Jul)' 26, 2006 B8
.L^...ugust 15, 2006 CPC
,,^...ugust 23, 2006 B8
September 19, 2006 CPC
September 27,2006 B8
October 17, 2006 CPC
October 25, 2006 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
06SN0155
Continental 184 Fund LLC
Midlothian Magisterial District
Greenfield Elementary, Robious Middle and James River High Schools Attendance Zones
South line of Robious Road
REQUESTS:
I. Rezoning from Community Business (C-3), Residential (R-7) and Agricultural (A)
to Regional Business (C-4) with Conditional Use to permit multifamily residential
uses and Conditional Use Planned Development to permit exceptions to Ordinance
requirements.
II. Waiver to street connectivity requirements to Old Fann Road.
PROPOSED LAND USE:
Commercial and multifamily residential uses are planned. Exceptions are requested to
permit motor vehicle repair (tire service) uses and to required setbacks from Koger Center
Boulevard and Mall Drive Extended. A density for multifamily residential uses of eighteen
(18) dwelling units per acre is proposed, yielding a maximum of 453 multifamily dwelling
units. (Textual Statement 4.a)
PLANNING COMMISSION RECOMMENDATION
REQUEST I: RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED
CONDITIONS ON PAGES 3 THROUGH 8.
Providing a FIRST CHOICE community through excellence in public service
REQUEST II: RECOMMEND APPROVAL OF WAIVER TO STREET CONNECTIVITY
REQUIREMENTS.
STAFF RECOMMENDATION
Request I:
Recommend approval of the rezoning subject to the applicant fully addressing the
impact on roads and pedestrian connectivity. This recommendation is made for the
following reasons:
A. The proposed zoning and land uses conform to the
Huguenot/Robious/Midlothian Area Plan which suggests the property is
appropriate for regional mixed use and medium density residential use of
1.51 to 4.0 units per acre. The Plan notes that this residential area could
be incorporated into the regional mixed use area if done in a
comprehensive fashion and designed to provide compatibility with, and
transition to, surrounding land uses.
B. The proposed zoning and land uses are representative of and compatible
with existing and anticipated area development.
c. Pedestrian connectivity between residential developments provides
convenient and safe access to neighboring properties. Proffered Condition 5
impedes pedestrian connectivity to Larkhill Lane should not be accepted.
D. The proffered conditions do not fully 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 roads, thereby
insuring adequate service levels are maintained and protecting the health,
safety and welfare of County citizens.
Request II:
Recommend denial of the waiver to street connectivity requirements to Old Farm
Road 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.)
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06SN0155-0CT25-BOS
PROFFERED CONDITIONS
The Owner, pursuant to Section 15.2-2298 of the Code of Virginia (1950) (as amended) and the
Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffers that the
property under consideration, known as Chesterfield County Tax Identification Numbers 742-711-
6653 (part parcel), 742-711-0925, 742-712-4671, 742-712-9735, 742-712-9467, 742-713-9753,
742-713-8076, 743-711-7937 (part parcel), 743-712-1198, and 743-713-0527 (the "Property"),
will be developed according to the following proffers if, and only if, the rezoning request submitted
herewith is granted with only those conditions agreed to by the Owner. In the event this request is
denied or approved with conditions not agreed to by the Owner, the proffers and conditions shall
immediately be null and void and of no further force or effect:
(STAFF/CPC)
(STAFF/epe)
(STAFF/CPC)
(ST AFF/CPC)
(CPC)
(ST AFF /CPC)
1.
Master Plan. The textual statement dated September 8, 2006, and the
Conceptual Plan, prepared by Vanasse Hangen Brustlin, Inc., dated
September 7, 2006, ("Conceptual Plan") shall be considered the
Master Plan. (P)
2.
Timbering. Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead or diseased
trees, there shall be no timbering on the Property until a land
disturbance permit has been obtained from the Environmental
Engineering Department and the approved devices have been
installed. (EE)
3.
Public Water and Wastewater. The public water and wastewater
systems shall be used. (D)
4.
Building Height. Within the portion of the Property developed for
multifamily use, no building shall exceed two (2) stories in height.
(P)
5.
Barrier Near Terminus of Larkhill Lane. A landscape barrier and/or
fence shall be provided to impede pedestrian traffic between the
Property and Larkhill Lane. The exact location and nature of such
barrier shall be approved by the Planning Department in conjunction
with the initial site plan approval. (P)
6.
Densitv. The maximum density of this development shall be
160,000 square feet of discount club, 218,000 square feet of
shopping center, 4,000 square feet of fast-food restaurant with drive
through window, 4,000 square feet of drive-in bank and 400
apartments; or equivalent density as determined by the
Transportation Department. This density may be increased by the
Planning Commission in accordance with paragraph 1 of the Textual
Statement. (T)
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06SN0155-0CT25-BOS
(STAFF/CPC)
(STAFF/epe)
7.
Dedication. The following rights-of-way shall be dedicated, free and
unrestricted, to Chesterfield County prior to any site plan approval or
within sixty (60) days from the date of a written request by the
Transportation Department, whichever occurs first:
a. Forty-five (45) feet of right-of-way on the north side of
Koger Center Boulevard measured from the centerline of that
part of Koger Center Boulevard immediately adjacent to the
Property.
b. Forty-five (45) feet of right-of-way on the south side of
Robious Road measured from the centerline of that part of
Robious Road immediately adjacent to the PropertYe
c. Seventy (70) foot . wide right-of-way for a north/south
collector ("Mall Drive Extended") from the western Property
line, through the Property to Koger Center Boulevard, as
generally shown as "Proposed Right of Way" on the
Conceptual Plan. The exact location of this right-of-way
shall be approved by the Transportation Department. (T)
8.
Access.
a. Direct vehicular access from the Property to Koger Center
Boulevard shall be limited to Mall Drive Extended and two
(2) entrances/exits. Mall Drive Extended shall align the
existing crossover on Koger Center Boulevard that serves
Mall Drive. All other direct entrances/exits to Koger Center
Boulevard shall be limited to right-turns-in and right-turns-
out only. The exact location of these accesses shall be
approved by the Transportation Department.
b. Direct 'vehicular access from the Property to Robious Road
shall be limited to one (1) entrance/exit, generally located at
the western Property line. This entrance/exit shall be limited
to right-turns-in and right-turns-out only. The exact location
of this access shall be approved by the Transportation
Department.
c. No vehicular access shall be provided from the Property to
Old Fann Road or to Sesame Street.
d. Prior to any site plan approval, an access plan for Mall Drive
Extended shall be submitted to and approved by the
Transportation Department. Vehicular access from the
Property to Mall Drive Extended shall conform to the
approved access plan.
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06SN0155-0CT25- BOS
(STAFF/CPC)
e. Prior to any site plan approval within Area A as identified on
the Conceptual Plan, an access easement, acceptable to the
Transportation Department, shall be recorded from Mall
Drive Extended across the Property to the western Property
line to provide access to Mall Drive Extended for the
adjacent parcel to the west (Tax ID 7417123204). (T)
9.
Transportation Improvements. To provide an adequate roadway
system, the Developer shall be responsible for the following
improvements. The exact design and length of these improvements
shall be approved by the Transportation Department. Alternate road
improvements, as requested by the Developer and approved by the
Transportation Department, which will provide acceptable levels of
service as determined by the Transportation Department, may be
substituted for the road improvements identified in this proffered
condition:
a. Construction of a four-lane divided road for Mall Drive
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 Koger Center Boulevard.
b. Construction of additional pavement along the westbound
lanes of Koger Center Boulevard at each approved access,
including Mall Drive Extended, to provide separate right turn
lanes.
c. Construction of additional pavement along the eastbound
lanes of Koger Center Boulevard at the crossover that serves
Mall Drive Extended to provide dual left turn lanes.
d. Construction of additional pavement along Mall Drive
Extended at its intersection with Koger Center Boulevard to
provide a six-lane divided typical section (i.e., four (4)
southbound lanes and two (2) northbound lanes).
e. Construction of additional pavement along the eastbound
lanes of Robious Road at the approved access to provide a
separate right turn lane.
f. Full cost of traffic signalization at the Koger Center
BoulevardIMall Drive Extended intersection, as determined
by the Transportation Department.
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06SN0155-0CT25- BOS
(ST AFF /CPC)
(CPC)
g. Construction of additional pavement along Mall Drive
Extended at each approved access to provide left and right
turn lanes, based on Transportation Department standards.
h. Construction of a four-lane divided road for Mall Drive
Extended, based on VDOT Urban Collector Standards (40
MPH) with modifications approved by the Transportation
Department, from the western Property line to Robious Road.
1. Construction of additional pavement along Mall Drive
Extended at its intersection with Robious Road to provide a
six-lane divided typical section (i.e., four (4) northbolUld
lanes and two (2) southbound lanes).
J. Construction of additional pavement along the eastbound
lanes of Robious Road at the Mall Drive Extended
intersection to provide a separate right turn lane.
k. Construction of additional pavement along westbound lanes
of Robious Road at the crossover that serves Mall Drive
Extended to provide an adequate left turn lane.
1. Full cost of traffic signal modification at the Robious
RoadlMall Drive Extended intersection, as determined by the
Transportation Department.
ffi. Dedication to Chesterfield County, free and unrestricted, of
any additional right-of-way (or easements) required for the
improvements identified above. (T)
10.
Phasing Plan. Prior to any site plan approval, a phasing plan for the
required road improvements, as identified in Proffered Condition 9,
shall be submitted to and approved by the Transportation
Department. The approved phasing plan shall require, among other
things, that: 1) prior to the issuance of an occupancy permit for any
development within Area A as identified on the Conceptual Plan, the
road improvements as identified in Proffered Condition 9 a., b. (only
a right turn lane for Mall Drive Extended), c., d., and f. shall be
completed as determined by the Transportation Department; and 2)
prior to the issuance of an occupancy permit for any development
within Area B as identified on the Conceptual Plan, the road
improvements as identified in Proffered Condition 9. h, i., j., k., and
1. shall be completed as determined by the Transportation
Department. (T)
11.
Impacts on Capital Facilities. The Applicant, subdivider, or
assignee(s) shall pay, prior to the issuance of each building permit,
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06SN0155-0CT25-BOS
the following to the County of Chesterfield for infrastructure
improvements within the service district for the property:
a. For each of the first 370 building permits within the property,
the payment shall be as follows:
i) If payment is made prior to July 1, 2007, $6,750.00
per dwelling unit. At time of payment, $6,750.00 will
be allocated pro-rata among the facility costs as
follows: $348.00 for library facilities, $667.00 for
roads, $404.00 for fire stations, and $5,331.00 for
schools; or
ii) If payment is made after June 30, 2007, the amount
approved by the Board of Supervisors not to exceed
$6,750.00 per dwelling unit as set forth in Proffered
Condition 11(a)(i) above and adjusted upward by any
increase in the Marshall and Swift Building Cost
Index between July 1, 2006, and July 1 of the fiscal
year in which the payment is made.
b. For each building permit within the property in excess of a
cumulative total of370, the payment shall be as follows:
i) If payment is made prior to July 1,2007, $15,600.00
per dwelling unit. At time of payment, $15,600.00
will be allocated pro-rata among the facility costs as
follows: $348.00 for library facilities, $8,915.00 for
roads, $404.00 for fire stations, $602.00 for parks,
and $5,331.00 for schools; or
ii) If payment is made after June 30, 2007, the amount
approved by the Board of Supervisors not to exceed
$15,600.00 per dwelling unit as set forth in Proffered
Condition 11 (b )(i) above and adjusted upward by any
increase in the Marshall and Swift Building Cost
Index between July 1, 2006, and July 1 of the fiscal
year in which the payment is made.
c. Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law.
d. If Chesterfield County imposes 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
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06SN0155-0CT25-BOS
or credited toward, but not in addition to, any impact fees, in
a manner as determined by the County.
(STAFF/CPC)
12.
Dedication of Parkland. Upon request by the Parks and Recreation
Department, the Owner shall, prior to issuance of any building
permit on the Property, dedicate, free and unrestricted, for the benefit
of Chesterfield County, the property known as Tax rD 743-712-
5024. (P&R)
GENERAL INFORMATION
Location:
South line of Robious Road, the north line of Kroger Center Boulevard and the west line of
Old Fann Road. Tax IDs 742-711-0925 and Part of 6653; 742-712-4671,9467, and 9735;
742-713-8076 and 9753; 743-711- Part of7937; 743-712-1198; and 743-713-0527 (Sheet 6)
Existing Zoning:
A, R-7 and C-3
Size:
70.1 acres
Existing Land Use:
Single family residential or vacant
Adlacent Zoning and Land Use:
North - A; Single family residential or vacant
South - C- 3; Commercial or vacant
East - C-3, R-7 and A; Commercial, single family residential, public/semi-public or vacant
West - C-4 and A; Commercial, single family residential or vacant
UTILITIES
Public Water System:
A twelve (12) inch water line extends along Koger Center Boulevard and a twelve (12) inch
water line extends along Larkhill Lane that transitions to a six (6) inch water line along a
portion of Old Fann Road, adjacent to the northeastern boundary of the request site. In
addition, a sixteen (16) inch water line extends along Robious Road, adjacent to this site.
Depending upon computer analysis of the public water system in this area, it is anticipated
that installation of a twelve (12) inch water line may be required with this development
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06SN0155-0CT25-BOS
across this site completing the loop between Robious Road and Koger Center Boulevard.
Use of the public water system has been proffered. (Proffered Condition 3)
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:
There is an existing fifteen (15) inch wastewater sub-trunk crossing Koger Center Boulevard
at Carmia Way, a sixteen (16) inch line along Robious Road and eight (8) lines within the
adjacent Country Place Subdivision (Millsap and Larkhill Lanes). Although wastewater
lines in this area were designed anticipating future commercial and retail development,
based on how the surrounding area has developed, the amount of system capacity that is
currently available to support development of the subject site is unknown. Development of
this site will necessitate conducting an engineering study of the existing area wastewater
facilities, to determine what system capacity is available, and what improvements/upgrades
may be required. Use of the public wastewater system has been proffered. (Proffered
Condition 3)
It should also be noted that there is an existing credit with the Utilities Department towards
payment of wastewater connection fees for this property. In 1972, the owners of the
property at that time pre-paid sewer connection fees for 150 townhouse units at a rate of
$300.00 per unit, for a total credit of $45,000.00. This credit can be also applied to non-
residential uses, but would be subject to the current wastewater connection fee rates based
on the size and number of water meters needed by the development for commercial or office
uses.
ENVIRONMENT AL
Drainage and Erosion:
The subject property is located on the edge of the Route 60/147 Drainage District with the
vast majority of the properties draining to the southwest into the eastern portion of the
Drainage District. For that portion of the property that drains to the District, the developer
must pay a pro rata fee for drainage improvements in the District; however, implementation
of on-site infrastructure components shown on the adopted plan for the Drainage District to
include several water quantity Best Management Practices (BMP's) and related
infrastructure that can be constructed in lieu of the payment of the fee. With the proper
installation of the Drainage District facilities, there will be no on- or off-site drainage or
erosion problems and none are anticipated after development.
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 ensure
that adequate erosion control measures are in place prior to any land disturbance. (Proffered
Condition 2)
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06SN0155-0CT25- BOS
Water Qualitv:
The property is very flat and shows the potential for large areas of isolated wetlands.
PUBLIC 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 453 dwelling units, this request will generate approximately
146 calls for fire and emergency medical service each year. The applicant has addressed
the impact of this request on fire and EMS. (Proffered Condition 11)
The Bon Air Fire Station, Company Number 4 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.
An exception to the street connectivity policy is requested. Specifically, the applicant has
proffered that there will be no street connections to Old Farm Road (Proffered Condition
8.c.). In addition to this connection possibly being required to satisfy Ordinance
requirements for the number of access points into this proposed development, in an
emergency situation, this connection would benefit both the applicant's project and the
surrounding developments. The Fire Department continues to support connectivity
between residential developments so that multiple access points are available to assist in
an emergency situation.
Gated access must be approved by the Fire Department and conform to the State-wide
Fire Prevention Code (IFC) (Textual Statement 5). It should be noted that as proffered, a
minimum of two (2) access points must be provided for more than fifty (50) dwelling
units.
Schools:
Approximately 240 students, (elementary: l04, middle: 59 and high: 77), could be
generated by this development. Currently, this site lies in the Greenfield Elementary
School attendance zone: capacity - 684, enrollment - 533; Robious Middle School:
capacity - 1,089, enrollment - 1,098; and James River High School: capacity - 2,050,
enrollment - 1,980. The enrollment is based on September 30, 2005 and the capacity is
as of 2005-2006. This request will have an impact at the secondary levels. There are
currently six (6) trailers at Robious Middle.
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06SN0155-0CT25-BOS
This case combined with other tentative residential developments and zoning cases in the
zones would continue to push these schools to capacity. This case would necessitate
some form of relief in the future. The applicant has fully addressed the impact of this
development on schools. (Proffered Condition 11)
Libraries:
Consistent with the 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 Bon Air and
Midlothian Libraries. The Plan identifies a need for additional library space to serve this
area of the county and recommends a new library in the Robious Road corridor between
Huguenot Road and James River Road. The applicant has addressed the impact of this
development on libraries. (Proffered Condition 11)
Parks:
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 dedication of parkland to assist in addressing the impact of this
proposed development on these parks and recreational facilities. This dedication provides
an opportunity to expand the adjacent Huguenot Park. (Proffered Condition 12)
Transportation:
The property (70.l acres) is currently zoned Agricultural (A) and Residential (R-7), and the
applicant is requesting rezoning to Regional Business (C-4) with Conditional Use Planned
Development. The request will allow part of the property to be developed for Multifamily
Residential (R-MF) use. Staff does not support this request because the applicant has not
addressed the full impact of the proposed residential development.
The applicant has proffered a maximum density of 160,000 square feet of discount club,
218,000 square feet of shopping center, 4,000 square feet of fast-food restaurant with drive
through window, 4,000 square feet of drive-in bank and 400 apartments or equivalent
density (Proffered Condition 6). Based on discount club, shopping center, fast-food
restaurant with drive through window, drive-in bank and apartment trip rates, development
could generate approximately 22,970 average daily trips. These vehicles will be initially
distributed along Koger Center Boulevard and to Robious Road, which had a 2005 traffic
11
06SN0155-0CT25-BOS
count of 16,598 vehicles per day. The capacity of this four lane divided section of Robious
Road is acceptable (Level of Service B) for the volume of traffic it carries.
The applicant submitted a conceptual plan that subdivides the property into two tracts; Area
A consisting of 49.9 acres designated for C-4 uses, and Area B consisting of 20.2 acres
designated for R-MF use. The Textual Statement allows the acreages of these tracts to be
modified (Textual Statement Condition 1). According to Textual Statement Condition 1, the
Planning Commission may increase the density of this proposed development if there is a
change in the size of Area A and Area B.
The Thoroughfare Plan identifies Koger Center Boulevard and Robious 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
these roads, in accordance with that Plan. (Proffered Condition 7.a and b)
The Thoroughfare Plan also identifies a proposed north/south collector ("Mall Drive
Extended") with a recommended right of way width of seventy (70) feet, extending from
Koger Center Boulevard at the Mall Drive intersection through the property, to Robious
Road. The applicant has proffered to dedicate right of way and construct a four-lane divided
road for Mall Drive Extended from Koger Center Boulevard through the property to
Robious Road. (Proffered Conditions 7.c, 9.a and 9.h)
Development of the property must adhere to the Development Standards Manual in the
Zoning Ordinance, relative to access and internal circulation (Division 5). Access to major
arterials, such as Koger Center Boulevard and to Robious Road, and to collectors, such as
Mall Drive Extended, should be controlled. The applicant has proffered that direct vehicular
access from the property to Koger Center Boulevard will be limited to Mall Drive Extended
and two (2) entrances/exits (Proffered Condition 8.a). These entrances/exits will be limited
to right-turns-in and right-turns-out only. The applicant has proffered that access to Robious
Road will be limited to one (1) right-turns-in and right-turns-out only entrance/exit,
generally located at the western property line (Proffered Condition 8.b). The applicant has
also proffered that an access plan will be submitted, for Transportation Department review
and approval, which shows access from the property to Mall Drive Extended (Proffered
Condition 8.d). Access to Mall Drive Extended will be based on the approved access plan.
Proffered Condition 8.e requires that an access easement be recorded across the property to
provide access to Mall Drive Extended for the adjacent properties to the west (Proffered
Condition 8.e). To address neighborhood concerns, the applicant has proffered that no
access will be provided from the property to Old Fann Road or to Sesame Street. (Proffered
Condition 8.c)
The traffic impact of this development must be addressed. The applicant has proffered many
of the customary road improvements for a development of this density, such as a four-lane
divided road for Mall Drive Extended from Koger Center Boulevard through the property,
adequate turn lanes along Koger Center Boulevard at each access, turns lanes along Mall
Drive Extended based on Transportation Department standards, full cost of traffic
signalization at the Koger Center BoulevardlMall Drive Extended intersection, and a
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06SN0155-0CT25- BOS
separate right turn lane along Robious Road at the approved access (Proffered Condition 9.a.
through g). The applicant has also proffered to construct several road improvements north of
the property that include a four-lane divided road for Mall Drive Extended from the property
boundary to Robious Road, and turn lanes plus traffic signal modification at the Robious
Road/Mall Drive ExtendedlCranbeck Road intersection (Proffered Condition 9. h. through
I).
The intersection of Koger Center Boulevard/Mall Drive intersection that the applicant has
proffered to improve has been identified as a high accident location. Federal safety funds
have been obtained to improve this intersection. The Virginia Department of Transportation
(VDOT) is managing this safety project, which will provide a traffic signal at this
intersection and scheduled to be installed sometime this year. If VDOT installs this traffic
signal prior to the development of this project, the developer will be required to then modify
the existing signal.
The applicant has also proffered to provide a phasing plan for the proffered road
improvements (Proffered Condition 10). According to Proffered Condition 10, the
approved phasing plan would require, with initial development of Area A, the construction
of Mall Drive Extended from Koger Center Boulevard through the property, and the
construction of turn lanes plus installation of a traffic signal at the Koger Center Boulevard
/Mall Drive Extended intersection. The approved phasing plan would also require, with
initial development of Area B, construction of Mall Drive Extended from the property to
Robious Road, and turn lanes plus traffic signal modification at the Robious Road/Mall
Drive ExtendedlCranbeck Road intersection.
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 some
cash ($667 per unit) for the first 370 building permits and $8,9l5 for each additional permit
thereafter towards mitigating the traffic impact of the residential development (Proffered
Condition 11). This amount is not consistent with the Board of Supervisors' Cash Proffer
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.
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06SN0155-0CT25-BOS
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 453* 1.00
Population Increase 1232.16 2.72
Number of New Students
Elementary 105.55 0.23
Middle 58.89 0.13
High 76.56 0.17
TOTAL 241.00 0.53
Net Cost for Schools $2,422,644 $5,348
Net Cost for Parks 273,612 604
Net Cost for Libraries 158,097 349
Net Cost for Fire Stations 183,465 405
Average Net Cost for Roads 4,050,726 8,942
TOTAL NET COST $7,088,544 $15,648
* Based on a maximum of eighteen (18) units per acre offered in the Textual Statement. The
actual nmnber of units and corresponding impact may vary.
The need for schools, parks, libraries, fire stations, and transportation facilities in this area is
identified in the County's adopted Public Facilities Plan, Thoroughfare Plan, and Adopted
Capital Improvement Program and further detailed by specific departments in the applicable
sections of this request analysis.
In the staff report presented at the October 17, 2006, Planning Commission meeting, the
applicant had been advised that the calculated impact of every new dwelling unit on schools,
roads, parks, libraries, and fire stations is $15,648 per dwelling unit. The applicant had been
further advised that a maximum proffer of $15,600 per unit would defray the cost of the capital
facilities necessitated by this proposed development.
At the time, the staff report contained proffered conditions for $10,000 per dwelling unit and a
land dedication for park facilities to mitigate the development's impact. The land dedication
adequately addressed the impact on parks. The cash proffer addressed the development's impact
on all other categories of capital facilities but roads. An addendum to the staff report indicated
the reduction in cash from $1 0,000 per dwelling unit to $6,750 per dwelling unit. While the cash
continues to adequately address the proposed development's impact on schools, libraries, and
fire stations, it created further adverse impact on the county's ability to provide adequate road
facilities. The amount being offered for roads decreased from $3,917 per dwelling unit to $667
per dwelling unit.
14
06SN0155-0CT25-BOS
On October 17, 2006, the conditions were again revised and presented at the Planning
Commission's evening session. The revised conditions included an offer of $6,750 per dwelling
unit and land to be dedicated for parks to address the impact of the first 370 dwelling units of the
proposed development and $15,600 per dwelling unit for units in excess of a cumulative total of
370. (Proffered Conditions 11 and 12)
The applicant has proffered to dedicate 2.39 acres of land (January 2006 assessment of
$1 77,600) for park facilities, thus allowing the county to expand the existing Huguenot Park. The
Board's cash proffer policy states that the value of donated land generally will be based on the
current assessed value of the property, not to exceed the cost per acre used in the calculation of
the proffer. Furthermore, the policy states that the credit cannot exceed the development's
calculated impact on the applicable public facility, in this case, $273,600. While a credit of
$273,600 exceeds the policy valuation limitations, staff is supportive of accepting the dedication
in lieu of cash to offset the impact of this request on park facilities.
As proffered, the revised conditions adequately mitigate the impact of the first 370 dwelling
units on all capital facilities except roads. Consequently, the county's ability to provide adequate
road facilities will be adversely affected. The cash offered for dwelling units in excess of 370
sufficiently addresses the impact of those units on all categories of capital facilities.
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 their impact on road facilities.
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.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Huguenot/Robious/Midlothian Area Plan which suggests
the majority of the subject property is appropriate for a mix of integrated office parks,
regional shopping centers, light industrial parks and higher density residential uses as part
of a regional mixed use area. This area incorporates established commercial and office
park developments extending from Midlothian Turnpike to Robious Road, and from
Huguenot Road to Johnston Willis Drive. The Plan suggests that such uses should
provide appropriate transition to surrounding residential areas, with office or higher
density residential uses located between the commercial and residential areas.
A portion of the property along the northeastern edge is suggested for medium density
residential use of 1.51 to 4.0 units per acre; however the Plan notes that this area could be
incorporated into the regional mixed use area if done in a comprehensive fashion and
designed to provide compatibility with, and transition to, surrounding land uses.
15
06SN 015 5-0CT25- BOS
Area Development Trends:
The area is characterized by larger scale commercial development focused around the
intersection of Midlothian Turnpike and Huguenot Road and extending north along both the
north and south lines of Koger Center Boulevard. Properties along Robious Road are
developed for single family residential uses within subdivision developments or on acreage
parcels, and public/semi-public uses. It is anticipated that development north of Koger
Center Boulevard would employ appropriate land use transitions to protect established
residential development along the Robious Road Corridor.
Development Standards:
The property is divided in two (2) development areas. Uses will be located as depicted on
the Conceptual Plan (Attachment), as described in the Textual Statement and proffered
conditions. The boundaries and sizes of Areas A and B may be modified so long as their
relationship with each other and any other adjacent properties is maintained.
Site Design - Commercial (Area A):
The property lies within an Emerging Growth District Area. Except as noted in the Textual
Statement, development of Area A must conform to Emerging Growth District requirements
which address access, parking, landscaping, architectural treatment, setbacks, lighting,
pedestrian access, signs, buffers, utilities and screening of dumpsters and loading areas.
Uses - Commercial (Area A):
Uses will be limited to those permitted by right or with restrictions in the Regional Business
(C-4) District. Motor vehicle repair, exclusive of major body, engine and transmission
repair, is a restricted use in the C-4 District. Such restrictions preclude location of this use in
a shopping center. Conditions would require that this use comply with all C-4 restrictions
except allowing its location within a shopping center. (Textual Statement 2)
Setbacks - Commercial (Area A):
Currently, Emerging Growth standards of the Ordinance require minimum building and
parking setbacks of fifty (50) feet from Koger Center Boulevard and twenty-five (25) from
Mall Drive Extended. The applicant is requesting that these setbacks be reduced to thirty
(30) feet and fifteen (15) feet, respectively (Textual Statement 3). These reductions are
consistent with properties along the south line of Koger Center Boulevard, east and west of
Mall Drive which are subject to less restrictive Post Development standards and are in
keeping with an urban service area development.
Site Design - Residential (Area B):
Except as noted in the Textual Statement, development for multifamily uses within Area B
will comply with Ordinance requirements for the R-MF District. (Textual Statement 4)
16
06SN0155-0CT25-BOS
Building Height and Units per Floor - Residential (Area B):
Within an R-MF District, the Zoning Ordinance allows six (6) story buildings. To promote
transition in scale to the adjoining residential developments, Proffered Condition 4 limits
buildings to two (2) stories.
R-MF District requirements limit the number of units per floor to ten (10). Given the
aforementioned limitation on the height of buildings, a maximum of twelve (12) units per
floor is proposed. (Textual Statement 4.b)
Density and Setbacks - Residential (Area B):
R-MF standards limit density to ten (10) dwelling units per gross acre. A maximum of
eighteen (18) units per acre is proposed (Textual Statement 4.a). This density is typical for
R-MF development in regional-scale projects that develop in tandem with commercial uses
as part of an urban service area.
Setback reductions are requested along internal roads and driveways. (Textual Statement
4.c)
Street Connectivity:
The applicant has requested a waiver to the "Residential Subdivision Connectivity Policy"
to preclude connection of the development to Old Fann Road. In addition to promoting fire
and emergency services safety, road cOlU1ections provide interconnectivity between
residential developments, thereby reducing congestion along collector and arterial roads and
providing a convenient and safe access to neighboring properties.
The "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 anyone (1) stub
street; or (2) the connection to a particular stub will cause concentrated traffic at that
location; (3) the projected traffic volume on anyone (1) local street within an existing
subdivision exceeds 1,500 vehicle trips per day. Access to the development is proposed
from Koger Center Boulevard, Mall Drive Extended and Robious Road. Connection to Old
Farm Road would provide an additional avenue for dispersing traffic without putting a
traffic burden on this connection. As such, staff does not support the exception to street
connectivity.
Pedestrian Connectivity:
Proffered Condition 5 proposes a landscape barrier and/or fencing to deter pedestrian
connection between the subject property and Larkhill Lane within the Country Place
Subdivision. Connectivity between residential developments, whether by street or
17
06SN0155-0CT25-BOS
pedestrian connections, provides convenient and safe access to neighboring properties. As
such, staff does not support the exception to pedestrian connectivity and recommends that
Proffered Condition 5 not be accepted.
CONCLUSION
The proposed zoning and land uses conform to the Huguenot/Robious/Midlothian Area Plan
which suggests the property is appropriate for regional mixed use and medium density residential
use of 1.51 to 4.0 units per acree The Plan notes that this residential area could be incorporated
into the regional mixed use area if done in a comprehensive fashion and designed to provide
compatibility with, and transition to, surrounding land uses. As proffered, the request provides
appropriate transition to surrounding residential areas with higher density residential uses located
between the commercial and residential areas.
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
roads, thereby insuring adequate service levels are maintained and protecting the health, safety
and welfare of County citizens.
The application fails to address the standards by which an exception to street connectivity should
be granted per the Board's adopted "Residential Subdivision Connectivity Policy". Specifically,
providing connection to Old Farm Road would adequately disperse traffic from the proposed
development, would not put a traffic burden on Old Farm Road and would promote a convenient
and safe access between neighboring properties. Further, Proffered Condition 5 impedes
pedestrian connectivity to Larkhill Lane negatively impacting access between neighboring
properties.
Given these considerations, staff recommends approval of the rezoning (Request I) subject to the
applicant fully addressing the impact on roads and pedestrian connectivity. As such, Proffered
Condition 5 should not be accepted. Further, staff recommends denial of the waiver to street
connectivity requirements. (Request II)
CASE HISTORY
Planning Commission Meeting (3/21/06):
The Commission deferred this request to May 16, 2006, thirty (30) days on their own
motion and thirty (30) days at the applicant's request.
18
06SN0155-0CT25-BOS
Staff (3/22/06):
The applicant was advised in writing that any significant, new or revised information should
be submitted no later than March 27, 2006, for consideration at the Commission's May 16,
2006, public hearing.
Also, the applicant was advised that a $230.00 deferral fee must be paid.
Area Property Owners, Applicant, Staff and the Midlothian District Commissioner (3/29/06):
A meeting was held to discuss this request.
Concerns included connectivity to Old Farm Road and the potential transportation impacts;
compatibility between the proposed multifamily residential and existing single family
residential development; commercial encroachment into single family residential area; and
enhanced buffers between the proposed development and residential neighborhoods.
Applicant (3/31/06):
The deferral fee was paid.
Applicant (4/11/06):
The application was amended.
Planning Commission Meeting (5/16/06):
At the request of the applicant, the Commission deferred this case to July 18, 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
July 18, 2006, public hearing.
Also, the applicant was advised that a $230.00 deferral fee must be paid prior to the
Commission's public hearing.
19
06SN0155-0CT25-BOS
Board of Supervisors' Meeting (5/24/06):
On their own motion, the Board deferred this case to July 26, 2006.
Applicant (6/29/06):
The application was amended to request a waiver to street connectivity requirements to
Old Farm Road. A revised Textual Statement was submitted.
Applicant (7/18/06):
The deferral fee was paid.
Planning Commission Meeting (7/18/06):
At the request of the applicant, the Commission deferred this case to August 15,2006.
Staff (7/19/06):
The applicant was advised in writing that any significant, new or revised information should
be submitted no later than July 24, 2006, for consideration at the Commission's August 15,
2006, public hearing.
Also, the applicant was advised that a $230.00 deferral fee must be paid prior to the
Commission's public hearing.
Staff (7/25/06):
To date, no new information has been submitted. The deferral fee has not been paid.
Board of Supervisors' Meeting (7/26/06):
On their own motion, the Board deferred this case to August 23, 2006.
Applicant (7/27/06):
The deferral fee was paid.
20
06SN0155-0CT25- BOS
Planning Commission Meeting (8/15/06):
At the request of the applicant, the Commission deferred this case to September 19, 2006.
Staff (8/16/06):
The applicant was advised in \Vriting that any significant, new or revised information should
be submitted no later than August 21, 2006, for consider at the Commission's September 19,
2006, public hearing.
Also, the applicant was advised that a $230.00 deferral fee must be paid.
Applicant (8/23/06):
The deferral fee was paid.
Board of Supervisors Meeting (8/23/06):
On their own motion, the Board deferred this case to September 27, 2006.
Applicant (9/11/06 and 9/15/06):
Revised proffered conditions and Textual Statement were submitted.
Planning Commission Meeting (9/19/06):
At the request of the applicant, the Commission deferred this case to October 17, 2006.
Staff (9/20/06):
The applicant was advised in \Vriting that any significant, new or revised information should
be submitted no later than September 25, 2006, for consideration at the Commission's
October 17, 2006, public hearing.
Board of Supervisors' Meeting (9/27/06):
On their own motion, the Board deferred this case to October 25, 2006.
21
06SN0155-0CT25-BOS
Staff (9/28/06):
To date, no new information has been submitted. The deferral fee has not been paid.
Applicant (10/6/06 and 10/17/06):
Proffered Condition 11 was amended.
Applicant (10/17/06):
The deferral fee was paid.
Planning Commission Meeting (10/17/06):
The applicant accepted the Planning Commission's recommendation, but did not accept
staff s recommendation.
There were several persons present to speak to the proposal. Concerns were expressed
relative to area growth; the need for additional commercial and multifamily residential
development in the immediate area; and the preservation of natural resources.
Support was also expressed relative to the applicant's cooperation in addressing area
residents' concerns; the waiver to street connectivity requirements to Old Farm Road;
pedestrian connection to Larkhill Lane; and the opportunity to set a good example in
sustaining older neighborhoods while promoting positive progress in the community.
Mr. Gecker noted that the proposed retail uses will provide stabilization to the area,
thereby benefiting other neighboring businesses; that the applicant's commitment to
construct Mall Drive Extended to Robious Road more than compensates for the reduction
in the cash proffer; that such extension will relieve the stress on Huguenot Road and
delay the need for its widening; that proffered conditions precluding vehicular and
pedestrian connectivity were designed to protect the adjoining subdivision without
adversely impacting access to the proposed development; and that the case was positive
for both the District and the County.
Mr. Gulley expressed support indicating that the construction of Mall Drive Extended
would relieve traffic on Huguenot Road.
On motion of Mr. Gecker, seconded by Mr. Gulley, the Commission recommended
approval of the rezoning and acceptance of the proffered conditions on pages 3 through 8.
AYES: Messrs. Wilson, Gecker, Bass, Gulley and Litton.
22
06SN0155-0CT25-BOS
On motion of Mr. Gecker, seconded by Mr. Gulley, the Commission recommended
approval of a waiver to street connectivity requirements.
AYES: Messrs. Wilson, Gecker, Bass, Gulley and Litton.
The Board of Supervisors, on Wednesday, October 25, 2006, beginning at 7:00 p.m., will take
under consideration this request.
23
06SN0155-0CT25-BOS
September 8, 2006
Continental 184 Fund LLC
Textual Statement
The entire Property shall be zoned C-4. In addition to uses permitted by right and with
restrictions in the C-4 District, a conditional use shall permit residential multifamily on a portion
of the property, and a conditional use planned development shall permit motor vehicle repair and
bulk exceptions on a portion of the property, as set forth below:
- 1. Tracts. The Property shall be developed in two tracts depicted generally as Area A and
Area B on the Conceptual Plan, prepared by Vanasse Hangen Brustlin, Inc., dated
September 7, 2006 ("Conceptual Plan"). The specific tracts identified on the
Conceptual Plan may be increased or decreased in size by up to five (5) acres, provided
that they maintain the same relationship with each other and with adjacent properties.
Area B (R-MF) maybe decreased by more than five (5) acres up to a maximum often
(10) acres subject to Schematic Plan approval by the Planning Commission and
provided that Area B maintains generally the same relationship with the Old Farm and
Robious Roads. The Planning Commission may also approve an increase in the
maximum density specified in Proffered Condition 6, provided such increase shall be
limited to that resulting from any change in area of Area A and Area B.
2. Uses. Within Area A, uses shall be limited to those permitted by right or with
restrictions in the Regional Business (C-4) District and to motor vehicle repair, subject
to the requirements of Section 19-159(c) (1) and (2)a, b, and c. Within Area B, uses
shall be limited to those permitted in the Multifamily Residential (R-MF) District.
3. Bulk Exception for Area A. Within Area A, setbacks from Koger Center Boulevard
may be reduced to a minimum of30 feet with installation of Perimeter Landscaping C,
and setbacks from Mall Drive Extended may be reduced to a minimum of 15 feet with
installation of Perimeter Landscaping B.
4. Bulk Exceptions for Area B. Within Area B, development shall comply with the
requirements of the of the Zoning Ordinance for the Multifamily Residential (R-MF)
District except as follows:
a. Maximum density shall not exceed eighteen (18) dwelling units per gross acre;
b. Maximum number of dwelling units per floor shall be twelve (12); and
c. Setbacks from internal roads or driveways shall be at least fifteen (15) feet.
5. Driveways. Internal driveways providing vehicular access to development within Area
B may be gated with a system approved by the Fire and Emergency Medical Services
Department.
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