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07SN0226 February 20, 2007 CPC l\farch 11, 2007 BS April 25, 2007 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDA TION 07SN0226 Route 10 Realty Partners, LLC Dale Magisterial District Hopk:ins Elementary, Falling Creek: Middle, and Bird High Schools Attendance Zones Southwest terminus of Hill Road REQUESTS: I. Rezoning from Residential (R-7) to Community Business (C-3) with Conditional Use to permit townhouse and multifamily residential uses plus Conditional Use Planned Development to permit exceptions to Ordinance requirements. II. Waiver to street connectivity requirements to Hill and Old Zion Hill Roads. PROPOSED LAND USE: A mix of residential, office and commercial uses is proposed. A maximum of ninety (90) residential units to include cluster residential, townhouse and multifamily is planned. (Proffered Condition 4) PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 5. AYES: Messers. Geck:er, Gulley, Bass and Litton. ABSENT: Mr. Wilson STAFF RECOMMENDATION Request I: Recommend approval of the rezoning, Conditional Use and Conditional Use Planned Development for the following reason: Providing a FIRST CHOICE community through excellence in public service While the request does not conform to the Central Area Plan the development proposed is consistent with an adjacent, recently approved case commonly referred to as Watermark: (Case 06SN0237). The subject property is planned to be a part of the Watermark: development. Approval would allow for a coordinated development. Request II: Recommend approval of the waiver to street connectivity requirements for the following reasons: A. There are a sufficient number of other streets to adequately disperse the traffic from this proposed development. B. Connection to Hill and Old Zion Hill Roads could cause traffic volumes on these roads to exceed 1500 vehicle trips per day. (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 Section 15.2- 2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the Property lrnown as Chesterfield County Tax Identification Number 771-678-5933, 771-678- 6655, 771-678-7473, 771-678-8014, 771-678-8391, 771-678-8724, 771-678-9133, 771-678- 9443, 772-678-0748, 772-678-0858, and 772-678-1565 (the "Property or the Hartman Tract") under consideration will be developed according to the following conditions if, and only if, the rezoning request for C-3 with a conditional use planned development (CUPD) is granted. In the event the request is denied or approved with conditions not agreed to by the Developer, the proffers and conditions shall immediately be null and void and of no further force or effect. If the zoning is granted, these proffers and conditions will supersede all proffers and conditions now existing on the Property. (STAFF/CPC) 1. Master Plan. The textual statement dated February 9, 2007 shall be considered the Master Plan. (P) (STAFF/CPC) 2. Utilities. The public water and wastewater systems shall be used, except for model homes/sales offices not in permanent dwellings and/or construction offices. (U) 2 07SN0226- APR25- BOS (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 3. Timbering. With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) 4. Density. The maximum number of dwelling units developed on the Property shall be 90. (P) 5. Location of Uses. Any permitted use may be permitted within the same block:, street, or section of street in order to facilitate the mixed-use nature of the development. Limitations to this provision are set out in the Textual Statement. (P) 6. Connectivity. There shall be no connection to Hill Road and Old Zion Hill Road from the Property. (T and P) 7. Lighting. A. Except for decorative lighting attached to a building, the maximum height of lampposts shall be 30 feet. Exterior lighting shall meet the requirements of the Zoning Ordinance except that porch lights, lamps, decorative, and period lighting that is in k:eeping with the pedestrian oriented character of Watermark: shall be permitted. B. Streetlight fixtures, poles, and lamp types shall be consistent along a street. The selected streetlight shall be compatible with the pedestrian oriented character of Watermark:. The exact type of streetlight(s) and the locations shall be determined at the time of site plan review. (P) 8. Open Space. Within the Property, a minimum of 15 percent of the gross acreage shall be devoted to open space. (P) 9. Age Restriction. Except as otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Act, and such other applicable federal, state or local legal requirements, dwelling units designated as age-restricted shall be restricted to "housing for older persons; as defined in the Virginia Fair Housing Law and no persons under 19 years of age shall reside therein." (P and B&M) 3 07SN0226- APR25- BOS (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 10. Senior Housing. Any dwelling units designated for senior housing as defined in Proffered Condition 9 shall be noted on the site plan or subdivision plat. Such dwelling units shall be grouped together as part of the same development section(s). (P and B&M) 11. Cash Proffers. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the issuance of any residential building permit for infrastructure improvements within the service district for the Property: A. $15,600.00 per dwelling unit if paid prior to July 1, 2007. 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, 2006 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2007. B. Provided, however, that if any residential building permits issued on the Property are for senior housing, as defined in the proffer on age-restriction, the applicant, sub-divider, or assignee(s) shall pay $10,269.00 per unit to the County of Chesterfield, prior to the time of issuance of a residential building permit, for infrastructure improvements within the service district for the Property if paid prior to July 1, 2007. The $10,269.00 for any units developed shall be allocated pro-rata among the facility costs as follows: $602 for park:s, $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, 2006 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2007. C. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the Property, the amount paid in cash proffers shall be in lieu of or credited toward, but not in addition to, any impact fees, in a manner as determined by the county. (B&M) 12. Access. There shall be no direct vehicular access from the property to Hill Road or Old Zion Hill Road. (T) 4 07SN0226- APR25- BOS (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) Location: 13. Dedication. The following rights-of-way shall be dedicated, free and unrestricted, to Chesterfield County in conjunction with recordation of the initial subdivision plat or prior to the first site plan approval or within sixty (60) days from the date of a written request by the Transportation Department, whichever occurs first: A. Right of way required to construct a culdesac at the existing terminus of Hill Road. (T) 14. Covenants. At a minimum, the restrictive covenants shall contain language that addresses the following. Such covenant shall remain in place as long as the Property is used for residential purposes. Future homeowners of the lots or units within the Property will have notice of the location of the Chesterfield County Airport and its proximity to the Property. Any subdivision plat or location plan used in any condominium documents shall note the location of the Airport and its proximity to the Property. (P) 15. Public Roads. In tracts with townhouse and condominium uses, all roads that accommodate general traffic circulation through the development, as determined by the Transportation Department, shall be designed and constructed to VDOT standards and as set forth in the Textual Statement, and tak:en into the State System. (T) GENERAL INFORMATION Southwest terminus of Hill Road, southwest of Canasta Drive. Tax IDs 771-678-5933, 6655,7473,8014,8391,8724 and 9133; and 772-678-0748,0858 and 1565. Existing Zoning: R-7 Size: 11.1 acres Existing Land Use: Vacant 5 07SN0226- APR25- BOS Adiacent Zoning and Land Use: North - R-7; Single-family residential or vacant South, East and West- C-3 with Conditional Use and Conditional Use Planned Development; Single-family residential or vacant UTILITIES Public Water System: There is an eight (8) inch water line extending along a portion of Hill Road and terminating approximately 1,050 feet north of the request site. In addition, an eight (8) inch water line extends along Old Zion Hill Road and terminates adjacent to the northern boundary of this site. The applicant has proffered to use the public water system. (Proffered Condition 2) Public Wastewater System: The request site is within the Kingsland Creek: drainage basin. There is an eighteen (18) inch wastewater trunk: line extending along Kingsland Creek: approximately 1,100 feet southwest of this site. Use of the public wastewater system has been proffered. (Proffered Condition 2) ENVIRONMENT AL Drainage and Erosion: The subject property drains to the south to Cosby Lak:e and then via Kingsland Creek: to the James River. There are no existing or anticipated on- or off-site drainage or erosion problems. The property is wooded and, as such, should not be timbered without obtaining a land disturbance permit from the Department of Environmental Engineering (Proffered Condition 3). This will ensure adequate erosion control measure are in place prior to any land disturbance. 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 6 07SN0226- APR25- BOS addition to the six (6) new stations, the Plan also recommends the expansion of five (5) existing stations. Based on ninety (90) dwelling units, this request will generate approximately eighteen (18) calls for fire and EMS each year. Access for fire apparatus will be evaluated at the time of site plan review and tentative subdivision review. The applicant has addressed the impact on fire and EMS. (Proffered Conditions 11) The Dale Fire Station currently provides fire protection and EMS. 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. Schools: Approximately forty-eight (48) (Elementary: 21; Middle: 12; and High: 15) students will be generated by this development. Currently, this site lies in the Hopk:ins Elementary School attendance zone: capacity - 515, enrollment - 587; Falling Creek: Middle School zone: capacity - 1,036, enrollment - 1,036; and Meadowbrook: High School zone: 1,520, enrollment - 1,902. The enrollment is based on September 29,2006, and the capacity is as of 2005-2006. This request will have an impact at the elementary and secondary level. There are currently four (4) trailers at Hopk:ins Elementary; sixteen (16) at Falling Creek: Middle and three (3) at Meadowbrook: High. This case, combined with other residential developments and zoning cases in the area, will continue to push these schools over capacity, necessitating some form of relief in the future. The applicant has addressed the impact of his 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 Chesterfield County Public Facilities Plan identifies a need for additional library space throughout the County. Development of the property noted in this case would most lik:ely affect either the Central Library or the Meadowdale Library. The Meadowdale Library will be expanded within the next two (2) years as recommended by the Public Facilities Plan. The applicant has addressed the impact of this development on library facilities. (Proffered Condition 11) 7 07SN0226- APR25- BOS Park:s and Recreation: The Public Facilities Plan identifies the need for three (3) new regional park:s, seven (7) community park:s, twenty-nine (29) neighborhood park:s and five (5) community centers by 2020. In addition, the Public Facilities Plan identifies the need for ten (10) new or expanded special purpose park:s 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 park:s and recreational facilities. (Proffered Condition 11) Transportation: The property is located at the terminus of Hill Road, just west of Iron Bridge Road (Route 10). The applicant intends to develop a mix of commercial and residential uses that will be incorporated into the overall Watermark: development. Based on the maximum density in Proffered Condition 4 and trip rates for townhouses, development of the property could generate approximately 600 average daily trips. These trips will be distributed along Route 10, which had a 2001 traffic count Of 26,219 vehicles per day and was functioning at a Level of Service B. The applicant intends to access the property through the adjacent property to the south and has proffered no direct access from the property to Hill Road/Old Zion Hill Road (Proffered Condition 12). The applicant has also proffered to dedicate sufficient right-of- way to construct a cul-de-sac at the current terminus of Hill Road. (Proffered Condition 13) Area roads need to be improved to address safety and accommodate the increase in traffic generated by this development. The applicant has proffered to contribute cash, in an amount consistent with the Board of Supervisors' Policy, towards mitigating the traffic impact of this development. (Proffered Condition 11) Cash proffers alone will not cover the cost of the road improvements needed in this area. There are no projects in this area currently included in the VDOT Six-Year Improvement Program. The Zoning Ordinance allows streets within townhouse and condominium developments to be privately maintained. Staff recommends that all of the main streets within this project be accepted into the State Highway System. Having these streets accepted into the State Highway System will ensure their long-term maintenance. The applicant has proffered that all streets which accommodate general traffic circulation will be designed and constructed to State (i.e., the Virginia Department of Transportation) standards and tak:en into the State System. (Proffered Condition 15) 8 07SN0226- APR25- BOS Financial Impact on Capital Facilities: I 1.00 I I Potential Number of New Dwelling Units Population Increase 244.80 2.72 Number of New Students Elementary 20.97 0.23 Middle 11.70 0.13 High 15.21 0.17 TOTAL 47.88 0.53 Net Cost for Schools 481,320 5,348 Net Cost for Park:s 54,360 604 Net Cost for Libraries 31,410 349 Net Cost for Fire Stations 36,450 405 Average Net Cost for Roads 804,780 8,942 TOTAL NET COST 1,408,320 15,648 I PER UNIT 90* I * Based on a proffered maximum yield (Proffered Condition 4). The actual number of 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, park:s, libraries and fire stations at $15,648 per unit. The applicant has been advised that a maximum proffer of $15,600 per unit would defray the cost of the capital facilities necessitated by this proposed development. The applicant has been further advised that a maximum proffer of $10,269 per dwelling unit would defray the cost of developing the age-restricted portion of the development, as it will have no increased impact on school facilities. Consistent with the Board of Supervisors' policy, and proffers accepted from other applicants, the applicant has offered cash to assist in defraying the cost of this proposed zoning on such capital facilities. (Proffered Condition 11) 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. LAND USE Comprehensive Plan: Lies within the boundaries of the Central Area Plan which suggests the property is appropriate for mixed use corridor use and residential use of 1.0 - 2.5 dwelling units per 9 07SN0226- APR25- BOS acre. The Plan also notes new multifamily residential development is generally not appropriate north of Route 288. Area Development Trends: Adjacent property to the north is zoned Residential (R-7) and has been developed for residential uses in the Ampthill Gardens subdivision. Adjacent property to the south, east and west was recently zoned C-3, with exceptions granted to permit a mixed use development, currently being referred to as Watermark: (Case 06SN0237). The subject property is planned to become a part of the Watermark: development. Site Design: The property is proposed for a mix of residential uses, to include cluster, townhouse and multifamily, commercial and office uses, as well as buildings that accommodate a mix of residential and non-residential uses. The development will have a traditional neighborhood design, generally in a "grid" layout similar to city block:s with buildings located close to sidewalk:s, and also incorporating street trees, open spaces and alleys serving the rears of many of the uses. (Textual Statement II) Unless specifically regulated by the Textual Statement, the development of commercial and office uses on the site must conform to the Emerging Growth District requirements of the Zoning Ordinance for Community Commercial (C-3) Districts. The purpose of the Emerging Growth District Standards is to promote high quality, well-designed projects. These standards address access, parlcing, landscaping, architectural treatment, setback:s, building height, signs, buffers, pedestrian access, lighting, utilities and screening of dumpsters, loading areas and outside storage. Uses Permitted: Passive and active recreational uses limited to facilities and uses that primarily serve the surrounding residential community would be permitted. The Textual Statement provides for setback:s, buffers and other restrictions to minimize the impact of such uses on adjoining properties designated on the Plan for residential development. Temporary model homes located in modular office units and the propagation and cultivation of crops, flowers, trees and shrubs would also be permitted subject to minimum standards of the Ordinance relative to these uses. (Textual Statement III.A, B and C) The request site, consisting of approximately 11.1 acres, is proposed for development with detached small lot units, townhouses, multifamily units, public and private profit-mak:ing clubs, condominiums, family daycare homes, and Live/Work: units. In addition, accessory uses as allowed in R- TH and R-MF Districts would be allowed. (Textual Statement III.M.) Small lot detached units are to be developed on lots with a minimum area of 3,000 square feet and a lot width of not less than thirty (30) feet. Townhouse, Live/Work: and multifamily 10 07SN0226- APR25- BOS units are to meet the requirements as set forth in the Textual Statement. (Textual Statement III.N.b. and c.) Residential Density: The request will allow a maximum of ninety (90) dwelling units, yielding a density of approximately 8.1 dwelling units per acre. This is consistent with the density approved for the adjacent Watermark: development with the approval of Case 06SN0237. Park:ing: The Ordinance requires the minimum provision of two (2) off-street park:ing spaces for each residential single family, multifamily and townhouse unit, except multifamily units restricted to "housing for older persons" which requires the minimum provision of 1.2 park:ing spaces for each such unit. The applicant is requesting that any "housing for older persons", to include single family and townhouse, provide a minimum of 1.2 park:ing spaces for each unit (Textual Statement III.F.3). All other residential uses would provide park:ing at a rate of 1.75 spaces per dwelling unit. (Textual Statement III.F.2) The applicant is requesting that park:ing be provided at 2.5 spaces for each dwelling unit associated with a Live/Work: unit, with no provision for additional park:ing for the "work:" portion of the unit. (Textual Statement III.F.4) The requested park:ing exceptions are consistent with those granted with the approval of the adjacent Watermark: development (Case 06SN0237). Parcel Frontage and Setback:s: To accommodate a traditional neighborhood design, building setback:s will not be required from lot/parcel lines and internal road (Textual Statement III.J). Buildings may front on streets, and alley, open spaces, park:ing areas or courtyards with appropriate access easements. (Textual Statement 111.1.) Sidewalk:s'l Street Trees and Open Space: The applicant has agreed to provide sidewalk:s and street trees along each side of public streets (Textual Statement III.D and E). Additionally, the applicant has offered to devote a minimum of fifteen percent (15%) of the gross acreage to open space. (Proffered Condition 8) 11 07SN0226- APR25- BOS Location of Uses: The applicant has indicated any permitted use may be allowed within the same building, block:, street, or section of the development (Proffered Condition 5). The mixing of non- residential uses with residential uses in this manner is consistent with that granted with the approval of Case 06SN023 7, of which this property is to become a part. Lighting: In k:eeping with the pedestrian oriented character of the proposed project the applicant has agreed to provide pedestrian scale lighting. (Proffered Condition 7) Restrictive Covenants: Proffered Condition 14 requires the recordation of a restrictive covenant that addresses notification to future homeowners of the location of the Chesterfield County Airport and its proximity to the property. It should be noted that the County will not be responsible for enforcing the covenant, only that it be recorded. Once recorded, the restrictive covenant may be changed, except as noted in the proffer. Street Connectivity: Proffered Condition 6 prohibits connection to stub roads into the subject property from Hill Road and Old Zion Hill Road. In addition to promoting fire and emergency services safety, subdivision road connections provide interconnectivity between developments thereby reducing congestion along collector and arterial roads and providing a convenient and safe access to neighboring properties. The adjacent Watermark: development received a waiver to street connectivity to these streets. It was determined there would be a sufficient number of other streets to adequately disperse traffic from the development. Granting a similar waiver for this request would be consistent with that approval and allow for a coordinated development. Buffers and Screening: Adjacent property to the north is zoned Residential (R-7). The Zoning Ordinance requires a minimum seventy-five (75) foot buffer along the northern property boundary of the request site. At the time of site plan review, the Planning Commission may modify this buffer under certain circumstances. CONCLUSIONS While the rezoning request does not conform to the Central Area Plan the development proposed is consistent with an adjacent, recently approved case commonly referred to as Watermark: (Case 12 07SN0226- APR25- BOS 06SN0237). The subject property is planned to be a part of the Watermark: development. Approval would allow for a coordinated development. The applicant is also seek:ing a waiver to street connectivity requirements to Hill and Old Zion Hill Roads. There are a sufficient number of other streets to adequately disperse the traffic from this proposed development. Connection to Hill and Old Zion Hill Roads will cause traffic volumes on these roads to exceed 1500 vehicle trips per day. Given these considerations, approval of the rezoning and of the requested waiver to street connectivity is recommended. CASE HISTORY Planning Commission Meeting (2/20/07): Mr. Wilson declared a conflict of interest. The applicant accepted the recommendation. There was opposition present expressing concerns relative to density, lot size, traffic, impacts on capital facilities and drainage. Mr. Litton noted that the property is currently zoned R-7 thereby permitting residential development on small lots. He indicated this proposal will result in a better quality development than the existing zoning. On motion of Mr. Litton, seconded by Mr Gulley, the Commission recommended approval of the rezoning and acceptance of the proffered conditions on pages 2 through 5. AYES: Messers. Geck:er, Gulley, Bass and Litton ABSENT: Mr. Wilson On motion of Mr. Litton, seconded by Mr. Gulley, the Commission recommended approval of a waiver to street connectivity requirements. AYES: Messrs. Geck:er, Gulley, Bass and Litton ABSENT: Mr.Wilson Board of Supervisor's Meeting (3/14/07): On their own motion, the Board deferred this case to their April 25, 2007, public hearing because no one was present to represent the case. 13 07SN0226- APR25- BOS Staff (3/15/07) The applicant was advised in writing that any significant new or revised information should be submitted no later that March 19,2007, for consideration at the Commission's April public hearing. Staff (3/21/07): To date, no new information has been submitted. The Board of Supervisors, on Wednesday, April 25, 2007, beginning at 6:30 p.m., will tak:e under consideration this request. 14 07SN0226- APR25- BOS Watermark Hartman Tract Textual Statement February 9, 2007 This application contains one exhibit described as follows: Exhibit A - Plan titled "Conceptual Master Plan of the Hartman Tract" (the "Conceptual Plan"), prepared by Koontz Bryant, P.C. dated November 9, 2006. I. Rezone. Rezone 11.1::1:: acres (the "Property or the Hartman Tract") from R-7 to C-3 with Conditional Use to permit residential multifamily and townhouse uses and Conditional Use Planned Development ("CUPD") to permit exceptions to Ordinance requirements as set forth below. II. General Conditions. A. The development shall have a traditional neighborhood development design with a mix of residential and non-residential uses within block:s and/or within a building, buildings located close to the sidewalk:s and other buildings, the streets lined with trees and sidewalk:s, on-street park:ing, open spaces, and alleys serving the rears of many of the uses. B. To accommodate the orderly development of the Property, the Tract shall be located as generally depicted on the Conceptual Plan, but its location and size, including further divisions into Sub-Tracts (a designated portion of a Tract), may be modified (such as moving the location of a Tract boundary) so long as the parcels generally maintain their relationship with Watermark: and any adjacent properties. A plan for Tract modification shall be submitted to the Planning Department for review and approval. Such plan shall be subject to appeal in accordance with the provisions of the Zoning Ordinance for Site Plan appeals. Sub- Tract divisions may be created at the time of Tentative Subdivision or Site Plan approval and shall not require a separate review as a Tract modification, provided there is no adjustment in the overall Tract boundary. C. Development shall be designed as generally depicted on the Conceptual Plan. Within the Tract, development shall be generally designed in a "grid" layout similar to city block:s with park:ing areas, except for those park:ing areas located along streets, located in courtyards as further described herein; and with a pedestrian emphasis throughout the project. Further, the location of uses within the Tract may be modified so long as the nature of the transitions and separations between that Tract and adjacent Tracts of Watermark: 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. 15 07SN0226- APR25- BOS III. Requirements and Exceptions A. Recreational Facilities 1. Community recreational facilities shall be permitted for use by residents of the community. Separate recreation areas for the various types of residential units are not required. The recreational uses shall be limited to facilities and uses that primarily serve the surrounding residential community including but not limited to passive recreation (i.e.: formal courtyards, park:s, plazas, tot-lots, mews, picnic areas, trails, paths, sidewalk:s, ponds, open space, and vistas) and active facilities (i.e.: swimming pools, outdoor courts, and clubhouses). 2. Outside public address systems or speak:ers shall not be used between the hours of 11 :00 p.m. and 8:00 a.m. and shall only be used in conjunction with a pool. 3. With the exception of passive recreation, outdoor play fields, outdoor courts, swimming pools, and similar active recreational areas facilities shall be located a minimum of 100 feet from adjacent property external to the Watermark: development and designated by the Comprehensive Plan for residential development. With the exception of playground areas which accommodate swings, jungle gyms or similar such facilities, outdoor play fields, courts, swimming pools and similar active recreation facilities shall be located a minimum of fifty (50) feet from existing or proposed public roads. Within the 100-foot setback:, a fifty (50) foot buffer shall be provided along the perimeter of all active recreational facilities except where adjacent to any existing or proposed roads. This buffer shall conform to the requirements of the Zoning Ordinance for fifty (50) foot buffers. These buffers and setback:s 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 external to the Watermark: development and designated by the Comprehensive 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 setback:s may be modified by the Planning Commission at the time of plan review. 16 07SN0226- APR25- BOS B. Model homes. 1. Temporary model homes (sales offices), located in modular office units, shall be permitted. 2. The model homes (sales offices) shall only be used for sale of dwelling units in the development. 3. The model homes (sales offices) shall not be the primary real estate office for the companies mark:eting the development. c. Propagation and cultivation of crops, flowers, trees, and shrubs that are not offered for sale, within the open space that is owned, operated, and maintained by a homeowner's association, including accessory structures related to such uses. D. Sidewalk:s. Generally, sidewalk:s shall be located on both sides of all public streets. E. Street Trees. Street trees shall be planted or retained along each side of all public streets. F. Park:ing. 1. If on-street park:ing is permitted, those spaces shall be counted towards the required number of park:ing spaces for all uses. 2. Except for "housing for older persons" and Live/Work: Units, residential units shall provide park:ing based on 1.75 spaces per dwelling unit. 3. "Housing for older persons" shall provide park:ing based on 1.2 spaces per dwelling unit. 4. Live/Work: Units shall provide park:ing based on 2.5 spaces per dwelling unit. There shall be no additional park:ing requirement for the first floor area devoted to commercial or office uses. 5. Park:in ma be further reduced based on Zonin Ordinance Section 19-512. 6. Park:ing shall not be required on each parcel or site where the use is located, but rather may be provided off-site, including on-street park:ing, subject to approval at the time of plans review, which may include requirements for easements. 17 07SN0226- APR25- BOS 7. Park:ing areas, except for those located within streets, shall be generally located so as minimize their exposure to internal roads. Specifically, park:ing 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 park:ing, as generally shown on the Conceptual Plan. G. Public Streets. As permitted by VDOT and the Chesterfield County Transportation Department, street design and pavement widths shall be based on VDOT's Subdivision Street Design Guide effective January 1,2005. These standards allow for curb-to-curb widths of a twenty-two (22) foot width and 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. H. Architectural Standards. 1. In conjunction with the initial Tentative Subdivision/Site Plan approval for development within the Hartman Tract, a written and/or graphic description of the planned overall architectural treatment of all buildings within the Tract (architectural theme) shall be submitted to the Planning Department for review and approval. Architectural treatment of buildings, including materials, color and style, shall be compatible within the Tract and with that of Tract B of case 06sn0237. Compatibility may be achieved through the use of similar building massing, materials, scale, colors and other architectural features. 2. The maximum height for Mixed-Use Buildings shall be six (6) stories or eighty-five (85) feet, whichever is less. This height limit shall not restrict use of the roof of a six (6) story building for features such as, but not limited to, patios, deck:s, or gardens. The maximum height of accessory buildings and structures shall be one-half the height of the principal building or 25 feet, whichever is less. I. Frontage. 1. All buildings shall front on a street, alley, open space, park:ing area, or courtyard. 2. Except for any Small Lot Detached Units in the Hartman Tract, road frontage for dwelling units shall not be required provided there is access to a public road via an easement or right of way and that such dwelling unit fronts on an alley, open space, park:ing area, or courtyard, as approved by the Planning and Transportation Departments. 18 07SN0226- APR25- BOS J. Setback:s. 1. All buildings (including accessory structures) along internal roads shall have zero (0) foot setback: requirement for front, side, corner side, rear, and through lots. Provided however, that corner side yards shall meet sight distance requirements as may be established at the time of subdivision/site plan review. 2. No setback: from interior private driveways, park:ing areas, or streets shall be required for buildings or structures from any proposed or existing public road, except as provided in the proffers. K. Buffers. 1. In k:eeping with the mixed-use nature of the development, no buffers shall be required between various uses; however, landscaping shall be provided throughout the Property. 2. No residential street buffers as set forth in the Subdivision Ordinance shall be required. The sidewalk:s and street trees shall provide separation from the street and public areas. L. Dwelling units. No more than sixteen (16) dwelling units shall be permitted within anyone floor level of a building. M. Permitted uses shall be limited to: a. Detached Small Lot Units. b. Townhouses. c. Multi-Family. d. Model homes~ in accordance with Zoning Ordinance Section 19 65(a). e. Public and private profit-mak:ing clubs. f. Condominium units defined as a form of ownership where the land is held in common and the individual unit is held in fee. Any of the permitted uses may be designed as condominiums. g. 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 floor, but limited to the following uses: 19 07SN0226- APR25- BOS (i) Offices. (ii) Art/crafts studio (iii) Barber or beauty shop (no tanning or toning equipment). (iv) Book: store. (v) Catering establishments. (vi) Nursery school (vii) Florist shop. (viii) Interior design/decorating. (ix) Jewelry, watch, and clock: repair and engraving. (x) Lock:smith. (xi) Eyewear sales and service. (xii) Nail sculpture, manicurist. (xiii) Photography studio. (xiv) Picture framing. (xv) Tailoring, dressmak:ing, upholstery shop. (xvi) Tutoring, education or training (no more than five children or two adults at anyone time). h. Family day-care homes, provided that no more than five children exclusive of the provider's own children and any children who reside in the home receive care at anyone time during a 24-hour day. 1. Accessory uses permitted in the R-TH and R-MF Zoning Districts. N. Requirements a. Small Lot Detached Units (i) Lot area and width. Each lot shall have an area of not less than 3,000 square feet and a lot width of not less than thirty (30) feet. 20 07SN0226- APR25- BOS (ii) Percent of lot coverage. All buildings, including accessory buildings, shall not cover more than ninty (90) percent of the lot's area. (iii) Front yard. Minimum of zero (0) feet in depth. (iv) Side yard. A side yard of not less than two and a half (2.5) feet and a minimum of five (5) feet shall be provided between each small lot residential unit. (v) Rear yard. Minimum of zero (0) feet in depth. (vi) Height. Small Lot Detached units shall be a maximum of three (3) stories. b. Townhouses and Live/Work: Units (i) Lot area and width. Each lot shall have an area of not less than 2,000 square feet and a lot width of not less than twenty (20) feet. (ii) Percent of lot coverage. All buildings, including accessory buildings, shall not cover more than ninety (90) percent of the lot's area. (iii) Front yard. Minimum of zero (0) feet in depth. (iv) Side yard. A side yard of not less than seven and a half (7.5) shall be provided for each end residence provided a minimum separation of fifteen (15) feet shall be provided between rows. (v) Rear yard. Minimum of zero (0) feet in depth. (vi) Height. Units shall be a minimum of two (2) stories and a maximum of four (4) stories. ( vii) Limitation on number of units. A maximum of twelve (12) townhouses or Live/Work: units shall be permitted within a group of attached units. c. Multifamily Units. (i) Parcel area and density. There shall be no minimum parcel size. There shall be no maximum density other than the maximums set forth in the proffers. 21 07SN0226- APR25- BOS (ii) Percent of lot coverage. All buildings, including accessory buildings, on any lot shall not cover more than ninety (90) percent of the lot's area. (iii) All other requirements set forth in the R-MF required conditions shall be as set forth in the Textual Statement. 22 07SN0226- APR25- BOS ~ - -~' _~I I ~ , ~ .t - ~ .. ~~ .:~~~~~~ '1."1". ... -~ ....~~... ~ .. .-..: . '01..;' I .... ~~~ " ~:.i.:'!'!' r ~ 't TT .... . ..~. i This page is blank:. I 1111 ~' & . ... .t., ~ ~ " ..I -k !. ~ .t 'i~ '\I ~~I .... ...... .~ .. ~...- :- - it .: ~ · -- _ ...~' ~:... ~~.~ ~ . .-.. " II l' .. ..: . . ~ !"'I~~.J . ~v~. ~ .. ~.y. ""':. .i ."" " ., l 1'";',1 ~~~ :~ ,,' l.'l\tJ.b.I'. ... - I- .bt. ~~:'1:.;, . '. . ~ ~~! ~ ~ ....:- ! TI- II t.4 ~. =- lip -I ~~.'I rl~1 ~ :~ ~.J....II . .~ ~.I' 1:1 .... b~1r . I. ~11 ~~ I L"oI II po "II ft' .-. ... ~lJ .. : .......1 I .:- - ,~~ ,.-.. 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