05SN0239
Februur)T 20,2007 CPC
l\1U)T 15,2007 CPC
Jul)T 17, 2007 CPC
.L^1UgUSt 21, 2007 CPC
September 18, 2007 CPC
October 16,2007 CPC
1'Jo\Tember 20,2007 CPC
January 9, 2008 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
05SN0239
(AMENDED)
The Cheatham Family Limited Partnership
Clover Hill Magisterial District
Woolridge Elementary, Swift Creek Middle and Clover Hill High Schools Attendance Zones
Northwest quadrant of Hull Street Road and Route 288
REQUESTS: I.
(AMENDED) Rezoning from Agricultural (A) to Community Business
(C-3) with Conditional Use to permit multifamily and townhouse uses plus
a Conditional Use Planned Development to permit exceptions to
Ordinance requirements.
II.
Waiver to street connectivity to Red Chestnut Drive.
PROPOSED LAND USE:
A mixed-use development consisting of various housing types, office and
commercial uses is planned. Residential development would be limited to no
more than 600 units. There is the potential that the only uses developed will be
residential in nature.
PLANNING COMMISSION RECOMMENDATION
I. RECOMMEND APPROVAL OF THE REZONING AND ACCEPTANCE OF THE
PROFFERED CONDITIONS ON PAGES 2 THROUGH 8.
AYES: MESSRS. GECKER, GULLEY, LITTON AND WILSON.
NAY: MR. BASS
II. RECOMMEND APPROVAL OF THE WAIVER TO STREET CONNECTIVITY.
Providing a FIRST CHOICE community through excellence in public service
AYES: MESSRS. GECKER, GULLEY, BASS, LITTON AND WILSON.
STAFF RECOMMENDATION
Request I:
Recommend approval of the rezoning subject to the applicant addressing access
concerns. This recommendation is made for the following reasons:
A. The proposed zoning and land uses conform to the Upper Swift Creek
Plan which suggests the property is appropriate for regional mixed use
uses, including high density residential, corporate office and commercial
uses. The proposal also complies with the proposed amendment to the
Upper Swift Creek Plan as recommended by the Planning Department.
B. The proffered conditions adequately address the impacts of this
development on necessary capital facilities, as outlined in the Zoning
Ordinance and Comprehensive Plan. Specifically, the needs for roads,
schools, parks, libraries and fire stations is identified in the Public
Facilities Plan, the Thoroughfare Plan and the Capital Improvement
Program, and the impact of this development is discussed herein. The pr
offered conditions mitigate the impact on capital facilities, thereby
insuring adequate service levels are maintained and protecting the health,
safety and welfare of County citizens.
C. Even with Proffered Conditions requiring that the residential units be
sprinkled, failure to provide additional public road connection does not
address the health, safety and welfare concerns of the Fire Department.
Request II:
Recommend denial of the waiver to street connectivity requirement to Red
Chestnut Drive for the following reason:
The evaluation of the Policy criteria for granting such relief necessitates
design details that can best be provided through the subdivision review
process.
(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
(STAFF/CPC)
1.
Master Plan. The Textual Statement dated February 8, 2005, and
last revised August 8, 2007, shall be considered the Master Plan. (P)
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OSSN0239-]AN9-BOS-RPT
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
2.
3.
Utilities. Public water and wastewater systems shall be used. (U)
Senior Housing. Any dwelling units designated for "age
restricted" housing shall be noted on the site plan and/or on any
subdivision plat. Such dwelling units shall be grouped together as
part of the same development section(s). (P)
4.
Impacts on Capital Facilities. The applicant, subdivider, or
assignee(s) shall pay the following to the County of Chesterfield,
for infrastructure improvements within the service district for the
property:
A. Prior to the issuance of a building permit for each dwelling
unit other than age restricted dwelling units defined in
Proffered Condition 14, the applicant, subdivider, or
assignee(s) shall pay to the County of Chesterfield the
following amounts for infrastructure improvement within
the service district for the property:
1.) If payment is made prior to July 1, 2007,
$15,600.00 per dwelling unit;
2.) 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 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. Prior to the issuance of a building permit for each dwelling
unit that is designated "age-restricted" the applicant,
subdivider, or assignee(s) shall pay to the County of
Chesterfield the following amounts for infrastructure
improvement within the service district for the property:
1.) If payment is made prior to July 1, 2007,
$10,269.00 per dwelling unit. At time of payment
$10,269.00 will be allocated pro-rata among the
facility costs as follows: $602.00 for parks and
recreation, $348.00 for library facilities, $8,915.00
for roads and $404.00 for fire stations; or
2.) If payment is made after June 30, 2007, the amount
approved by the Board of Supervisors not to exceed
$10,269.00 per dwelling unit pro-rated as set forth
in Proffered Condition 4.B.l. above and adjusted
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OSSN0239-]AN9-BOS-RPT
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
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. At the option of the Transportation Department the cash
proffer payment may be reduced for road improvements by
an amount not to exceed the amount that would be paid in
cash proffers for the road component as identified in
Proffered Conditions 4.A. and 4.B. above, exclusive of
those road improvements identified in Proffered Condition
8, performed by the applicant, subdivider, or assignee(s), as
determined by the Transportation Department.
D. Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law.
E. Should any impact fees be imposed by the County of
Chesterfield 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 be in
addition to, any impact fees, in a manner determined by the
County. (B & M)
5.
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 installed. (EE)
6.
Access to Hull Street Road. No direct vehicular access shall be
provided from the property to Hull Street Road, other than an
emergency access as referenced in Proffered Condition 13. (T)
7.
Connectivity. A stub road shall be provided to GPIN #733-681-
0761 and shall be constructed to VDOT standards prior to the
recordation or site plan approval of more than 135 dwelling units.
(T & P)
8.
Road Improvements. The developer shall be responsible for the
following:
A. Construction of two (2) additional lanes to provide a four-
lane divided facility for Market Square Lane from Old
Hundred Road tot the western property line of the subject
parcel;
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OSSN0239-]AN9-BOS-RPT
B. Construction of additional pavement to provide a four-lane,
undivided facility (i.e. two (2) northbound lanes and two
(2) southbound lanes) for Old Hundred Road from
Millridge Parkway to Market Square Lane;
C. Construction of additional pavement to provide a three (3)
lane typical section (i.e. two (2) southbound lanes and one
(1) northbound lane for Old Hundred Road from Market
Square Lane to Tall Hickory Drive. The exact length of
this improvement shall be approved by the Transportation
Department;
D. Deletion of the connection from Market Square Lane to the
access drive located on GPIN #733-678-5976, with the
exact design approved by the Transportation Department;
E. Construction of a separate left turn lane along Old
Hundred Road southbound at the Market Square Lane
intersection;
F. Construction of additional pavement along Old Hundred
Road to provide an additional southbound lane at its
intersection with Hull Street Road (Route 360);
G. Full cost of traffic signalization at the Old Hundred
Road/Market Square Lane intersection, if warranted, as
determined by the Transportation Department;
H. Full cost of traffic signal modification at the Route 360/01d
Hundred Road intersection;
I. Dedication to Chesterfield County, free and unrestricted,
any additional right-of-way (or easements) required for the
improvements identified above. In the event the developer
is unable to acquire any "off-site" right-of-way that is
necessary for these improvements. The developer may
request, in writing, that the County acquire such right-of-
way as a public road improvement. All costs associated
with the acquisition of the right-of-way shall be borne by
the developer. In the event the County chooses not to assist
the developer in acquisition of the "off-site" right-of-way,
the developer shall be relieved of the obligation to acquire
the "off-site" right-of-way and shall provide the road
improvements within available right-of-way, as determined
by the Transportation Department. (T)
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OSSN0239-]AN9-BOS-RPT
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(CPC)
9.
Phasing Plan. Prior to any construction plan approval or prior to
any site plan approval, whichever occurs first, a phasing plan for
the required road improvements, as identified in Proffered
Condition 8, shall be submitted to and approved by the
Transportation Department. (T)
10.
Transportation Density. For traffic planning purposes, the
maximum density of this development shall be a combination of
uses that would produce a maximum of 648 AM and 596 PM peak
hour trips or equivalent densities as approved by the
Transportation Department. (T)
11.
Route 288 Setback. Except as noted here in, a minimum setback
distance of two hundred (200) feet exclusive of required yards,
shall be provided from the limited access right-of-way for Route
288 to any residential dwelling unit. Natural vegetation shall be
retained within the setback area unless removal is required to
install noise attenuation measures or is approved by the Planning
Commission. This minimum setback distance from the limited
access right-of-way for Route 288 may be reduced up to a distance
of 150 feet for any multifamily residential building that exceeds
two (2) stories in height and contains more than twenty (20)
dwelling units if a noise study demonstrates that such a reduction
is acceptable to the Director of Transportation. (T)
12.
Public Roads. In residential development, 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 taken into the State
System. Setbacks from these roads shall be identified for special
access streets pursuant to Section 19-505(b) of the Zoning
Ordinance, subject to approval by the Planning Department and the
Transportation Department at the time of site plan and/or tentative
subdivision review. (T)
13.
Emergency access. In lieu of a second public access, an
emergency access shall be provided from the property to Hull
Street Road, either directly or indirectly through GPIN #733-678-
5976 or 733-678-9465 prior to occupancy of more than fifty (50)
units. The location of this emergency access shall be reviewed and
approved by the Transportation and Fire Department. The design
and maintenance of this emergency access shall be reviewed and
approved by the Fire Department in conjunction with site plan
approval. Additional emergency accesses may be approved by the
Planning Commission at time of Schematic Plan approval. (T & F)
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OSSN0239-]AN9-BOS-RPT
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
14.
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)
15.
Building Height. Any buildings constructed within three hundred
(300) feet of Nuttree Subdivision shall be limited to two stories in
height or thirty five (35) feet in height, whichever is less. (P)
16.
Lighting.
a. Exterior lighting shall meet the requirements of the Zoning
Ordinance for the Village District except that porch lights,
lamps, decorative, and period lighting that is in keeping
with the pedestrian oriented character of the development
and that do not use high intensity discharge lamps, shall be
exempted from said requirements. Lamps attached to a
building shall be no higher than the roofline or parapet
wall.
b. Generally, streetlights shall be located on both sides of
public roads. Streetlight fixtures, poles, and lamp types
shall be consistent along a street. The maximum height of
streetlights shall be twenty (20) feet. The selected
streetlight shall be compatible with the pedestrian oriented
character of the development. The exact type of
streetlight(s) and the locations shall be determined at the
time of Site Plan and/or Subdivision Plan review. (P)
17.
Density. The total number of dwelling units shall not exceed 600.
(P)
18.
Open Space. At a minimum, the following Open Space areas shall
be provided:
a. Within the Property, a minimum of 25 percent of the gross
acreage shall be devoted to open space.
b. Of this open space, a minimum of 2.0 acres shall be usable
to accommodate recreational and social gatherings for
residents and employees. Facilities to accommodate these
uses shall be provided in the usable open space and can
include, but not to be limited to, pavilions, gazebos,
neighborhood parks, trails, hardscaped areas with benches,
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OSSN0239-]AN9-BOS-RPT
(CPC)
(CPC)
Location:
and other amenities to facilitate community use. This open
space may include a clubhouse, which shall serve as a focal
point and gathering place for the residents. Prior to the
issuance of more than 300 residential certificates of
occupancy, the clubhouse shall be completed.
c. Focal Point. A minimum of 0.75 acres of open space shall
be provided to establish a "focal point". Part of the area
shall be "hardscaped" and have benches and other
amenities that accommodate and facilitate gatherings. A
portion of the focal point may include areas devoted to
water facilities. The focal point shall be developed
concurrent with the first phase of residential development.
The exact design and location shall be approved by the
Planning Department at the time of site plan and/or
tentative subdivision review. (P)
19.
Second Public Road. A second public road access shall be
constructed to VDOT standards prior to the recordation of a
maximum of 135 single family and/or townhouse units and/or the
recordation or site plan approval of a cumulative total of 400
dwelling units. (P)
20.
Sprinkled Residential Units. The issuance of a residential building
permit prior to a second public road access being provided shall
result in the requirement that all residential units within the
development to be sprinkled. (BI & F)
GENERAL INFORMATION
North line of Hull Street Road, west line of Route 288 and located in the northwest
quadrant of the intersection of these roads. Tax IDs 733-680-Part of 9439; 734-678-
2276; and 734-681-0526 and 3904.
Existing Zoning:
Size:
A
63.5 acres
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OSSN0239-]AN9-BOS-RPT
Existing Land Use:
Vacant
Adiacent Zoning and Land Use:
North - A; Vacant
South - C-4: Commercial
East - A and 1-1 : Vacant
West - R-7, A and C-2: Single-family residential and commercial
UTILITIES
Public Water System:
There is an existing eight (8) inch water line crossing Market Square Lane approximately
230 feet west of this site. In addition, a twenty-four (24) inch water line extends along the
north side of Hull Street Road adjacent to this site and an eight (8) inch water line extends
along Red Chestnut Drive adjacent to the northwest boundary of this site. Use of public
water is intended (Proffered Condition 2). Due to flow limitations in this area, the internal
water line network within this development will require looping of water lines with
connections at Hull Street Road and Red Chestnut Drive, in Nuttree Subdivision, Section 2.
Public Wastewater System:
A twenty-seven (27) inch wastewater trunk line extends along Nuttree Branch, adjacent to
the northeast boundary of this site. In addition, an eight (8) inch wastewater collector line
extends across a portion of this site to serve the existing Nuttree Subdivision and other
adjacent development. Use of the public wastewater system is intended (Proffered
Condition 2). Extending along the right of way of Route 288 within an easement on this site
are two (2) wastewater force mains with a diameter of sixteen (16) and twenty-four (24)
inches. The developer will be required to take whatever measures necessary to protect the
existing force mains.
ENVIRONMENT AL
Drainage and Erosion:
The subject property drains to the north to Nuttree Creek and then from Nuttree Creek to
Swift Creek. There are currently no on- or off-site drainage or erosion problems and
none are anticipated after development. The property is currently wooded and, as such,
should not be timbered without obtaining a land disturbance permit from the Department
of Environmental Engineering (Proffered Condition 5). This will insure that adequate
erosion control measures are in place prior to any land disturbance.
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OSSN0239-]AN9-BOS-RPT
Water Quality:
Nuttree Creek and two (2) small creeks adjacent to Nuttree are perennial streams and, as
such, are subj ect to a 100- foot conservation area inside of which uses are very limited.
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program. The residential
portion of this development will have an impact on these facilities.
Fire Service:
The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls
are expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6)
new fire/rescue stations are recommended for construction by 2022 in the Plan. In
addition to the new stations, the Plan also recommends the expansion of five (5) existing
stations.
Based on 600 dwelling units, this request will generate approximately 136 calls for fire
and emergency medical service each year. The applicant has addressed the impact on fire
and EMS (Proffered Condition 4).
The Fire Department normally requires a second public road access for more than fifty
(50) dwelling units. The applicant has proffered the use of an emergency access road in
lieu of the second access (Proffered Conditions 6 and 13). The Fire Department does not
approve of the use of an emergency access in lieu of a second public access to the site.
Proffered Condition 19 requires construction of a second public road access prior to the
recordation of 135 single family and/or townhouse dwelling units or prior to the
recordation or site plan approval of a cumulative total of 400 dwelling units. With this
condition there is the potential for up to 399 dwelling units to be developed on only one
public road access. These additional conditions still do not address the health, safety and
welfare concerns of the Fire Department.
The Clover Hill Fire Station, Company Number 7, 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.
Schools:
Approximately 318 (Elementary: 138, Middle: 78, High: 102) students will be
generated by this development. Currently this site lies in the Clover Hill Elementary
School attendance zone: capacity - 759, enrollment - 899; Swift Creek Middle School
zone: capacity - 1,027, enrollment - 1,455; and Clover Hill High School zone: capacity -
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OSSN0239-]AN9-BOS-RPT
1,582, enrollment - 1,593. The enrollment is based on September 29, 2006 and the
capacity is as of 2006- 2007.
This request will have an impact at the elementary, middle and high school level. There
are currently six (6) trailers at Clover Hill Elementary, seventeen (17) at Swift Creek
Middle and eleven (11) at Clover Hill High.
Tomahawk Creek Middle School is scheduled to open in the fall of 2008 and will provide
relief for schools in this area of the county. A new Clover Hill High School will open in
the fall of2010.
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 this development on schools with
Proffered Condition 4.
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 the property noted in this case would most likely impact the La Prade
Library, the Clover Hill Library or a proposed new branch library in the Reams-Gordon
area. A need for additional library space in this area of the county is identified in the
Public Facilities Plan. The applicant has addressed the impact of this development on
library services. (Proffer Condition 4)
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) new regional parks, seven (7)
community parks, twenty-nine (29) neighborhood parks and five (5) community centers
by 2020. In addition, the Public Facilities Plan identifies the need for ten (10) new or
expanded special purpose parks to provide water access or preserve and interpret unique
recreational, cultural or environmental resources. The Plan identifies shortfalls in trails
and recreational historic sites.
The applicant has offered measures to assist in addressing the impact of this proposed
development on these parks and recreational facilities. (Proffered Condition 4)
Transportation:
The property is approximately sixty-four (64) acres located in the northwest quadrant of
the Route 288/Route 360 interchange. The applicant is requesting rezoning that will
permit a mixture of commercial and residential uses. The Upper Swift Creek Plan
suggests the property is appropriate for Regional Mixed Use, which could include a
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OSSN0239-]AN9-BOS-RPT
regional shopping center. Development of the property as a regional shopping center
could generate approximately 19,000 average daily trips (ADT), with approximately 400
trips occurring during the AM peak hour and 1,800 trips occurring during the PM peak
hour. The roads in this area cannot accommodate the additional traffic that would be
generated by a regional shopping center. The applicant has proffered to limit
development on the property to that which is anticipated to generate 648 AM peak hour
and 596 PM peak hour trips (Proffered Condition 10). As an example, a mixture of 175
single-family units; 150 townhouses; 100 congregate care facility units; 150,000 square
foot nursing home and 170,000 square feet of general office could be developed within
these limitations. This mixture of uses would be anticipated to generate approximately
5,800 ADT, which is significantly less than the 19,000 ADT that would be anticipated
with a regional shopping center.
These trips would be distributed to Old Hundred Road and Hull Street Road (Route 360).
Old Hundred Road had a 2006 traffic count of 10,876 ADT and was at capacity (Level of
Service E) based on the volume of traffic it carried during peak hours. Route 360 in this
area had a 2006 traffic count of 67,324 ADT and was failing (Level of Service F) based
on the amount of traffic it carried during peak hours. The volume of traffic on this
section of Route 360 exceeds the capacity of the road, and drivers experience extreme
congestion, especially during peak periods. The Virginia Department of Transportation
Six-Year Improvement Program includes a project to widen Route 360 to six (6) and
eight (8) lanes from Swift Creek to Winterpock Road. The construction of the westbound
lanes was substantially completed and opened to traffic in November 2006. Work on the
westbound lanes and the widening of eastbound lanes, which is currently underway, will
be completed in 2007.
Due to the limited property frontage and the proximity to the Route 288 interchange, no
direct access should be provided from the property to Route 360. The applicant has
proffered that direct access to Route 360 will be limited to one (1) emergency access
(Proffered Condition 6). The property also has access to Route 360 via an existing
private driveway in the Market Square Shopping Center. The applicant has proffered to
delete the easternmost connection from Market Square Lane to the Market Square
Shopping Center, discouraging traffic from using the existing private driveway that
accesses Route 360. (Proffered Condition 8.C)
The traffic impact of this development must be addressed. The applicant has proffered to
provide significant road improvements such as widening of market Square Lane to a four
(4) lane divided facility between Old Hundred Road and the western property line,
widening Old Hundred Road to four (4) lanes between Market Square Lane and Millridge
Parkway, widening Old Hundred Road to three (3) lanes from Market Square Lane to
Tall Hickory Drive, constructing a separate left turn lane along Old Hundred Road at
Market Square Lane, constructing an additional southbound lane at the Old Hundred
Road/Route 360 intersection, and signalization of the Old Hundred Road/Market Square
Lane intersection (Proffered Condition 8). Even with these improvements, the Old
Hundred Road/Route 360 intersection will be beyond capacity (Level of Service F).
Much of the traffic from this development will travel through this extremely congested
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OSSN0239-]AN9-BOS-RPT
intersection. There are no plans to provide any additional improvements to this
intersection and the only way to achieve an acceptable level of service would be to
reconstruct it as a grade-separated facility.
The proffered improvements to Old Hundred Road will result in widening adjacent to the
Planters Wood and Heritage Woods sections of the Brandermill Subdivision.
Specifically, the improvements adjacent to Heritage Woods will result in Old Hundred
Road being shifted closer to the rear yards of the homes adjacent to the roadway.
Off-site right-of-way may be required to construct some of the proffered road
improvements. According to Proffered Condition 8.H, if the developer needs off-site
right-of-way for construction of the improvements, and is unable to acquire it, the
developer may request the county to acquire the right-of-way as a public road
improvement. If the county chooses not to assist with the right-of-way acquisition, the
developer will not be obligated to acquire the off-site right-of-way and will only be
obligated to construct road improvements within available right-of-way.
At the request of the Clover Hill Commissioner, the applicant has offered setbacks for
any residential development from Route 288.
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 the residential part of this development. (Proffered Condition 4)
The Zoning Ordinance allows streets within townhouse developments to be privately
maintained. Staff recommends that all of the main streets within this proj ect 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 taken into the State
System. (Proffered Condition 12)
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OSSN0239-]AN9-BOS-RPT
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 600* 1.00
Population Increase 1,632.00 2.72
Number of New Students
Elementary 139.80 0.23
Middle 78.00 0.13
High 101.40 0.17
TOTAL 319.20 0.53
Net Cost for Schools $3,208,800 5,348
Net Cost for Parks 362,400 604
Net Cost for Libraries 209,400 349
Net Cost for Fire Stations 243,000 405
Average Net Cost for Roads 5,365,200 8,942
TOT AL NET COST $9,388,800 $15,648
* Based on a proffered maximum of 600 dwelling units (Proffered Condition 17). The actual
number of dwelling units and corresponding impact may vary.
As noted, this proposed development will have an impact on capital facilities. Staff has
calculated the fiscal impact of every new dwelling unit on schools, roads, parks, libraries, and
fire stations at $15,648 per unit. The applicant has been advised that a maximum proffer of
$15,600 per unit would defray the cost of the capital facilities necessitated by this proposed
development. The applicant has been further advised that a 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 and road improvements to
assist in defraying the cost of this proposed zoning on such 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.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is
appropriate for regional mixed use uses. The Plan is currently being revised. The draft
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OSSN0239-]AN9-BOS-RPT
Plan, as recommended by the Planning Department, suggests office/residential mixed use
uses are appropriate for this area. The draft Plan also notes regional mixed use as
appropriate within this quadrant of the intersection under certain circumstances.
Area Development Trends:
The property lies within the northwest quadrant of Hull Street Road and Route 288.
Current uses adjacent to the project consist of retail uses to the south and west and single-
family residential uses on a portion of the property to the west. Property to the north and
to the east, across Route 288, remains vacant. It is anticipated that a mix of commercial,
office and higher density residential uses will continue within this regional node with
single-family residential anticipated to the north.
Street Connectivity:
An exception to the "Residential Subdivision Connectivity Policy" is requested so as to
preclude any road connections to Red Chestnut Drive. In addition to promoting fire and
emergency services safety, subdivision road connections 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 waivers based upon three (3) criteria: (1) there must be a sufficient number of
other stub streets to adequately disperse traffic and not cause a concentrated use of any
one (1) stub street; or (2) the connection to a particular stub will cause concentrated
traffic at that location; (3) the projected traffic volume on anyone (1) local street within
an existing subdivision exceeds 1,500 vehicle trips per day.
Without additional design information relative to road layout, staff cannot determine if
the criteria for granting the waivers can be met. Therefore, it is recommended that
consideration of this waiver be evaluated during the plans review process when more
detail is available.
Further, the applicant has agreed to provide a stub road to adjacent property to the north
identified as Tax ID 733-681-0761 (Proffered Condition 7). This stub road is to be
constructed to VDOT standards prior to recordation or site plan approval of more than
135 dwelling units.
Development Standards:
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 neotraditional design,
incorporating sidewalks, street trees and open space. (Textual Statement I. A.)
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The property is divided into three (3) development tracts as depicted on the Zoning Map
prepared by Balzer and Associates last revised March 1,2007. The Tracts' locations and
sizes, including further divisions into Sub-tracts, may be modified so long as land use
transitions and compatibility between different uses are addressed. Uses are to be located
and developed as described in the Textual Statement (Attachment) and as provided in the
proffered conditions. (Textual Statement I. B.)
The request property also lies within the 360 Corridor West Area Highway Corridor
District. Unless specifically regulated by the Textual Statement, development of
commercial and office uses, to include multifamily uses located above such commercial
and office uses, must comply with the Highway Corridor District standards and the
Emerging Growth Area requirements of the Zoning Ordinance (Textual Statement
III.A.2.). Together, these standards address access, parking, landscaping, architectural
treatment, setbacks, signs, buffers, pedestrian access, utilities and screening of dumpsters
and loading areas. The purpose of the Highway Corridor District Standards is to
recognize specified areas of the county as unique and to enhance patterns of development
in those areas. The purpose of the Emerging Growth District Standards is to promote
high quality, well-designed proj ects.
Lighting:
In keeping with the pedestrian oriented character of the proposed project the applicant has
agreed to provide pedestrian scale lighting. (Proffered Condition 16)
Uses Permitted in all Tracts:
Passive and active recreational uses limited to facilities and uses that primarily serve the
surrounding residential community would be permitted within all Tracts, except that
Tract C is to be limited to only passive recreation. The Textual Statement provides for
setbacks, buffers and other restrictions to minimize the impact of such recreational uses
on adjoining properties designated on the Plan for residential development. (Textual
Statement II. B)
Uses and Special Development Standards:
Tract A represents the majority of the property and fronts along Hull Street Road and a
portion of Route 288. This Tract permits a mix of commercial and office uses, as well as
townhouse and multifamily units, and commercial and office buildings which will
accommodate multifamily residential uses on upper floors. Within Tract A, non-
residential uses would be restricted to a limited number of uses permitted by right or with
restrictions in the Community Business (C-3) District. Permitted and restricted uses in the
Residential Townhouse (R - TH) District, multifamily and single-family residential ( cluster)
uses and recreational uses as previously noted, would also be allowed in Tract A (Textual
Statement,II.A.). Development requirements for multifamily, townhouse and single-family
uses in Tract A are noted in Textual Statement, III, A.2.b., c., and d.
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05SN0239-]AN9-BOS-RPT
Tract B is proposed for development for permitted and restricted uses in the Residential
Townhouse (R-TH) District and single-family residential (cluster) lots (Textual Statement,
III.B.l.). Development requirements for these uses are noted in Textual Statement,
III.A.2.c. and d.
Tract C, the northern portion of the property, would be limited to passive recreation uses
only. (Textual Statement, II.B.)
Commercial and Office Uses:
As previously noted, development of commercial and office uses, to include
multifamily uses located above such commercial and office uses, must comply
with the Highway Corridor District standards and the Emerging Growth Area
requirements of the Zoning Ordinance, except there shall be no setback
requirements. (Textual Statement, III.A.2. a)
Multifamily Uses:
Multifamily residential use is limited to a maximum density of twenty (20) dwelling
units per gross acre. Except as stipulated in the proffered conditions, development
requirements for such uses are noted in Textual Statement, III.A.2.b.
Townhouse Uses:
Given the potential for commercial or office uses adjacent to townhouse lots, the
applicant has indicated any record plat for such townhouse lots shall note the
potential for adjacent commercial or office use. The development requirements for
townhouse uses are noted in Textual Statement, III.A.2.c.
Single-Family Residential Uses:
Single-family residential development is to be in a cluster style on lots as small as
2,700 square feet. The minimum gross floor area for cluster dwellings is 1,600
square feet. Development requirements for these dwellings and accessory structures
are noted in Textual Statement, III.A.2.d. In addition, as with the townhouse
development, any record plat for single-family residential lots shall note the
potential for adjacent commercial or office use.
Architectural Treatment:
Currently, within the Route 360 Corridor West Area, the Ordinance requires a clearly
identifiable architectural theme for a project that provides for building elements that
break up large building masses with a pedestrian scale environment between parking
areas and buildings. The Zoning Ordinance requires the architectural treatment of
buildings must be compatible with buildings located within the same project or within the
same block or directly across any road, as determined by the Director of Planning. The
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05SN0239-]AN9-BOS-RPT
applicant has offered to provide architectural compatibility within each Tract, but not
necessarily within the project as a whole (Textual Statement II. I.). Compatibility may be
achieved through the use of similar building massing, materials, scale, colors and other
architectural features.
In addition, Textual Statement II. I., provides that a written and/or graphic description of
the overall architectural treatment of buildings within Tracts A or B will be submitted to
the Planning Commission for review and approval.
To minimize any adverse impact of buildings on adjacent residents in Nuttree
Subdivision, the applicant has provided any buildings within 300 feet of the subdivision
would be limited to a height of three (3) stories or thirty-five (35) feet, whichever is less.
(Proffered Condition 15)
Residential Density:
This request would permit the development of up to 600 dwelling units (Proffered
Condition 17). This could potentially yield a density of approximately 9.5 units per acre.
Depending upon how much acreage is devoted to non-residential development, the per
acre density of residential development would increase. As previously noted, the density
of multifamily residential development is limited to no more than twenty (20) dwelling
units per gross acre. The proposed residential uses comply with the Plan relative to density.
Parking and Driveways:
The Ordinance requires the prOVISIon of two (2) off-street parking spaces for each
dwelling unit, except that age restricted multifamily dwellings require a minimum of 1.2
parking spaces for each unit. The applicant is requesting that any "housing for older
persons", to include single family and townhouse, provide a minimum of 1.2 parking
spaces for each unit. In addition, an exception is requested to permit on street parking to
be credited towards this minimum requirement. (Textual Statement II.G.)
For commercial or office uses in Tract A, parking would typically be calculated at
shopping center standards of 4.4 spaces for every 1000 gross square feet of uses. Given
the urban character of this development, it would be appropriate to permit a reduction in
the required spaces consistent with Ordinance requirements for Village Districts, or
approximately 4.0 spaces for every 1000 gross square feet with a credit for on-street
parking where permitted. The applicant is requesting that parking be provided at 3.4
spaces for every 1000 gross square feet of commercial and office uses in Tract A.
(Textual Statement II.G.3)
With no data to substantiate reduction in parking requirements for both age-restricted
single family and townhouse residential products and commercial or office development,
staff cannot support exceptions to the parking standards of the Ordinance beyond those
for Village Districts.
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05SN0239-]AN9-BOS-RPT
The applicant has proposed that alleys, where provided, would serve the rear or side
portion of a lot. Standards and locations of alleys are noted in Item II.F. of the Textual
Statement. Private driveways and alleys serving residential uses are to be hardscaped,
with the exact treatment to be approved at plan review.
Garages:
The applicant has indicated the possibility of front-loaded garages within this
development, and has provided such garages would be no closer to the street than the
front facade of the dwelling unit (Textual Statement II.E.). This provision is consistent
with the policy for front loaded garages.
Street Trees and Sidewalks:
Except along Routes 288 and 360, street trees are to be provided or retained along both
sides of all public roads within the development. Additionally, sidewalks are to be
provided along both sides of all public roads (Textual Statement II.C. and D.). These
requirements are in keeping with the cluster standards.
Age Restriction:
Proffered Condition 14 provides for the option of limiting occupancy of some or all of
the proposed dwelling units to "housing for older persons" as defined in the Virginia Fair
Housing Law. While during the initial marketing of the project this restriction may be
clear to prospective occupants, there is a risk that long-term, dwelling units may be sold
or rented to individuals that do not meet this age-restriction. Given staffs inability to
pro-actively enforce this condition prior to the purchase and occupancy of dwelling units,
staff recommends that this proffer not be accepted.
Proffered Condition 3 requires any housing units designed for occupancy by seniors to be
grouped together and identified on site plans or subdivision plats in an effort to accurately
track the impacts on capital facilities and long term enforcement of the occupancy
restrictions.
Recreational Facilities., Open Space and Focal Point:
Passive and active recreational uses limited to facilities and uses that primarily serve the
surrounding residential community would be permitted (Textual Statement II.B.). Such
uses include, but are not limited to, picnic areas, trails, sidewalks, ponds, swimming
pools, outdoor courts, and clubhouses. Recreation areas within multifamily
developments shall consist only of passive facilities in the form of walking trails (Textual
Statement III.C.). The Textual Statement provides for setback and buffer restrictions,
among other requirements, to minimize the impact of recreational uses on surrounding
residential development.
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05SN0239-]AN9-BOS-RPT
The applicant has agreed to devote a minimum of twenty-five percent (25%) of the gross
acreage of the development to open space (Proffered Condition 18.A). This equates to
approximately 15.9 acres. Of this acreage, a minimum of two (2) acres is to be usable
space to accommodate recreational and social gatherings for residents and employees and
may include a clubhouse, which is to be completed prior to issuance of more than three
hundred (300) residential certificates of occupancy. (Proffered Condition 18.A)
The applicant has offered a minimum of 0.75 acres of proposed open space to serve as a
focal point for the project (Proffered Condition 18.C.). This area is to be developed with
the first phase of residential development. Part of the focal point is to be hardscaped and
such area shall provide amenities to accommodate and facilitate gatherings. Typically, a
focal point is provided within each section of such developments. Staff would
recommend the typical standards for focal points for this proposal.
Buffers and Screening:
Adjacent property to the north and northwest is zoned Agricultural (A) and designated
on the Plan for residential or is zoned Residential (R-7) and is occupied by single-family
residences in Nuttree Subdivision or remains vacant. The Ordinance requires a seventy-
five (75) foot buffer adjacent to these properties. At the time of schematic or site plan
review, the Planning Commission may modify this buffer under certain circumstances.
In keeping with the mixed-use nature of the development, the applicant proposes no
buffers between uses within the development (Textual Statement, II.H.)
CONCLUSIONS
While the proposed zoning and land uses conform to the Upper Swift Creek Plan which suggests
the property is appropriate for regional mixed-use uses, the application fails to address access
concerns of the Fire Department relative to the provision of a second access for more than fifty
(50) dwelling units.
The proffered conditions adequately address the impacts of this development on necessary
capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the
need for roads, is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital
Improvement Program, and the impact of this development is discussed herein. The proffered
conditions mitigate the impact on these facilities, thereby insuring adequate service levels are
maintained and protecting the health, safety and welfare of County citizens. The application fails
to provide additional public road connection to the property thereby not addressing the health,
safety and welfare concerns of the Fire Department.
The application does not address connectivity to Red Chestnut Drive per the Board's adopted
"Residential Subdivision Connectivity Policy", as discussed herein. Evaluation of the Policy
criteria for granting such relief necessitates design detail that can best be provided through the
subdivision review process.
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05SN0239-]AN9-BOS-RPT
Given these considerations, approval of the rezoning (Request I) and denial of the waiver to
street connectivity requirements (Request II) is recommended.
CASE HISTORY
Planning Commission Meeting (2/20/07):
At the request of the applicant, the Commission deferred this case to May 15,2007.
Staff (2/22/07):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than March 12, 2007, for consideration at the Commission's
May 15,2007, public hearing. Also, the applicant was advised that a $250.00 deferral fee
must be paid prior to the Commission's public hearing.
Applicant (3/1/07):
Revised proffered conditions and Textual Statement were submitted.
Applicant (3/7/07):
The applicant paid the $250.00 deferral fee.
Applicant (4/11/07):
Revised proffered conditions were submitted
Applicant (4/27/07):
The applicant requested deferral.
Applicant (5/15/07):
Revised proffered conditions were submitted.
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05SN0239-]AN9-BOS-RPT
Planning Commission Meeting (5/15/07):
At the request of the applicant, the Commission deferred this case to July 17, 2007.
Staff (5/16/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than May 21, 2007, for consideration at the Commission's
July 17, 2007, public hearing. Also, the applicant was advised that a $250.00 deferral fee
must be paid prior to the Commission's public hearing.
Area Property Owners, Applicant, Staff and Clover Hill District Commissioner (5/16/07):
A meeting was held to discuss this case. Concerns were expressed relative to traffic,
connectivity, road improvements and if there will be rental units.
Applicant (5/24/07):
Revised proffered conditions and Textual Statement were submitted.
Applicant (6/19/07):
Revised proffered conditions were submitted.
Applicant (6/27/07):
Revised proffers and Textual Statement were submitted and the $250.00 deferral fee was
paid.
Planning Commission Meeting (7/17/07):
At the request of the applicant, the Commission deferred this case to August 21, 2007.
Staff (7/18/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than July 23, 2007, for consideration at the Commission's
August 21,2007, public hearing. Also, the applicant was advised that a $500.00 deferral
fee must be paid prior to the Commission's public hearing.
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05SN0239-]AN9-BOS-RPT
Applicant (7/18/07 and 7/20/07):
Amended proffered conditions were submitted.
Applicant (8/8/07):
Amended proffered conditions and Textual Statement were submitted.
Applicant (8/17/07 and 8/20/07):
Amended proffers were submitted
Staff (8/21/07):
The deferral fee was paid.
Planning Commission Meeting (8/21/07):
The applicant did not accept the recommendation. There were several area property
owners who spoke in support of the waiver to connectivity and one expressed concern
about closing the access to Market Square Lane.
Mr. Gecker expressed concerns relative to the number of units on one public road access
and the impact should the access be blocked.
Mr. Gulley indicated area access has been a continuing problem in this area. He noted an
adjacent church is providing an emergency access and that long-term a second public
road access would be provided to the north.
A motion was made by Mr. Gulley, seconded by Mr. Bass, to recommend approval of the
rezoning and acceptance of the proffered conditions on pages 2 through 7.
AYES: Messrs. Gulley and Bass
NAYS: Messrs. Gecker and Litton
ABSTENTION: Mr. Wilson
Due to a lack of a majority vote, the case carried over the Commission's September 18,
2007, public hearing.
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05SN0239-]AN9-BOS-RPT
Applicant (9/18/07):
Revised proffered conditions were submitted.
Planning Commission Meeting (9/18/07):
On their own motion, the Commission deferred this case to October 16,2007.
Staff (9/19/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than September 24, 2007, for consideration at the
Commission's October 16,2007, public hearing.
Staff (9/28/07):
To date, no new information has been submitted.
Planning Commission Meeting (10/16/07):
On their own motion, the Commission deferred this case to their November 20, 2007,
public hearing.
Staff (10/17/07):
The applicant was advised in writing that any new or revised information should be
submitted no later than October 22, 2007, for consideration at the Commission's
November public hearing.
Applicant (10/23/07):
Revised proffered conditions were submitted.
Planning Commission Meeting (11/20/07):
The applicant accepted the recommendation. There was opposition present expressing
concerns relative to density and the impact on area roads. There was support present for
the waiver to connectivity indicating that the road connection would adversely impact the
adjacent Nuttree Subdivision.
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05SN0239-]AN9-BOS-RPT
There was also support present indicating that the development may contribute to the
revitalization of the adjacent Market Square Shopping Center.
Mr. Gulley indicated that given the limiting factors of this case regarding access, the
applicant had addressed the Transportation Department's concerns. He further indicated
that additional residential uses would enhance the adjacent Market Square Shopping
Center.
Mr. Litton concurred that the development would benefit the adjacent commercial
property, but expressed concerns relative to the density and the fact that area schools are
over capacity. He also expressed concerns that the application does not guarantee a
commercial component.
Mr. Bass expressed concerns that area roads are inadequate to accommodate additional
traffic.
On motion of Mr. Gulley, seconded by Mr. Wilson, the Commission recommended
approval of the rezoning.
AYES: Messrs. Gecker, Gulley, Litton and Wilson.
NAY: Mr. Bass.
On motion of Mr. Gulley, seconded by Mr. Litton, the Commission recommended
approval of the waiver to street connectivity requirements.
AYES: Messrs. Gecker, Gulley, Bass, Litton and Wilson.
The Board of Supervisors, on Wednesday, January 9, 2008, beginning at 6:30 p.m., will take
under consideration this request.
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TEXTUAL STATEMENT
CHEA THAM
CASE 05SN0239
February 8, 2005
Revised August 24, 2006
Revised September 6, 2006
Revised January 12,2007
Revised March 1, 2007
Revised May 24, 2007
Revised June 27,2007
Revised August 8, 2007
Rezone from A to C-3 Community Business for the uses permitted in C-3 with a Conditional Use to allow
Residential Multifamily and Townhouse uses and a Conditional Use Planned Development ("CUPD") to
permit Single family cluster homes and exceptions to ordinance standards as stated herein.
I. General Conditions
A. The development shall have a neotraditional or cluster design which includes sidewalks, street
trees, and open space.
B. To accommodate the orderly development of the Property, the Tracts shall be located as
generally depicted on the Zoning Map prepared by Balzer and Associates dated August 24,
2006 and last revised March 1, 2007, but their location and size, including further divisions
into Sub-Tracts, may be modified so long as the parcels generally maintain their relationship
with each other and any adjacent properties. A plan for any such Tract adjustment shall be
submitted to the Planning Commission for review and approval. Such plan shall be subject to
appeal in accordance with the provisions of the Zoning Ordinance for Site Plan appeals. Sub-
Tract (a designated portion of a Tract) divisions may be created at the time of site plan or
Tentative Subdivision Plan review and shall not require a separate review as a Tract
adjustment provided there is no adjustment in the overall Tract boundary unless the Tract
boundary has been approved for adjustment as stated herein.
C. Whenever a provision refers to, or requires a mixed use plan ("Mixed Use Plan") to be
submitted for review and approval, such plan shall be, unless otherwise stated herein,
approved by the Planning Commission, and such review shall be subject to appeal in
accordance with the provisions of the Zoning Ordinance for Site Plan appeals.
D. Residential units shall be grouped together within a Tract or Sub-Tract. If there is a desire to
mix the types of residential uses within a Tract or Sub-Tract, the mixing may be permitted if a
Mixed Use Plan is submitted for review and approval. The Mixed Use Plan shall address the
land use transitions and compatibility between the different uses within a Tract or Sub-Tract.
Land use compatibility and transitions may include, but not necessarily be limited to, the exact
location of uses, buffers and site design.
E. Prior to approval of a Site Plan or Tentative Subdivision Plan review, a Schematic Plan review
shall be required and shall be subject to Zoning Ordinance Section 19-261.
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II. Requirements and Exceptions for All Tracts
A. Except for driveways and street trees, if any of the following facilities are to be provided-they
shall be identified on any approved schematic plan and on the record plat for any lot adjacent
to such facilities.
B. Recreational Facilities.
1. Recreational facilities shall be permitted within all Tracts, except that Tract C shall be
limited to only passive recreation. These uses shall be limited to facilities and uses that
primarily serve the surrounding residential community including but not limited to passive
recreation (i.e. picnic areas, trails, paths, sidewalks, ponds, open space, and vistas) and
active facilities (i.e. swimming pools, tennis courts, basketball courts, volleyball courts,
playgrounds, and clubhouses).
2. Outside public address systems or speakers shall not be used between the hours of 11 :00
p.m. and 8:00 a.m. and shall only be used in conjunction with a pool.
3. With the exception of playground areas which accommodate swings, jungle gyms or
similar such facilities, outdoor play fields, courts, swimming pools and similar active
recreational facilities shall be located a minimum of 100 feet from any proposed single
family, residential multifamily and townhouses or 200 feet from any existing single family
residential lot line and a minimum of fifty (50) feet from any existing or proposed public
road. Nothing herein shall prevent development of indoor facilities and/or parking within
the 100 foot setback. Within the 100 foot and fifty (50) foot setbacks, a fifty (50) foot
buffer shall be provided along the perimeter of all active recreational facilities except
where adjacent to any existing or proposed public roads. These buffers shall conform to
the requirements of the Zoning Ordinance for fifty (50) foot buffers. These buffers and
setbacks may be modified by the Planning Commission at the time of plan review or at
time of Schematic Plan review.
4. Any playground area (i.e., areas accommodating swings, jungle gyms or similar such
facilities) shall be located a minimum of forty (40) feet from all property lines. A forty
(40) foot buffer shall be provided along the perimeter of these recreational facilities except
where adjacent to any existing or proposed public roads. These buffers shall conform to
the requirements of the Zoning Ordinance for fifty (50) foot buffers. These setbacks and
buffers may be modified by the Planning Commission at the time of plan review or at time
of Schematic Plan review.
C. Street Trees. Street trees shall be planted or retained along both sides of all public roads
within the development, with the exception of Route 288 and Route 360 frontage.
D. Sidewalks. Sidewalks and trails shall be provided that facilitate pedestrian access within the
development. Generally, sidewalks shall be located on both sides of public roads.
E. Garages. Front loaded garages shall be located no closer to the street than the front fa<;ade of
the dwelling unit.
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F. Driveways and Alleys. All private driveways and alleys serving residential uses shall be
hardscaped. The exact treatment shall be approved at the time of plan review.-
1. Alleys, where provided, will generally serve the rear or side portion of a lot.
2. When provided, alleys will be located within a minimum eighteen (18) foot wide private
easement.
3. Alley pavement shall be a minimum of twelve (12) feet in width.
4. Allor part of the alley easement may be provided on a lot.
5. Utility easements may be permitted in the alleys as allowed by Chesterfield County and
private utility companies.
6. Alleys will be privately maintained by a property owners association.
G. Parking.
1. If on-street parking is provided, those spaces shall be counted towards the required number
of parking spaces for all uses.
2. Dwelling units defined as "age restricted" housing as stated in Proffered Condition 14 shall
provide parking based on 1.2 spaces per dwelling unit.
3. Commercial or office uses in Tract A shall provide parking based on 3.4 spaces per 1,000
square feet of gross floor area.
H. Buffers. In keeping with the mixed-use nature of the development, no buffers shall be required
between various uses within the development.
I. Architectural Standards. In conjunction with any Tentative Subdivision/Site Plan approval for
development, a written and/or graphic description of the planned overall architectural
treatment of all buildings within either Tract shall be submitted to the Planning Commission
for review and approval. Architectural treatment of buildings, including materials, color and
style, shall be compatible within the Tract. Compatibility may be achieved through use of
similar building massing, materials, scale, colors and other architectural features. All exposed
portions of the foundation and exposed piers supporting front porches of each residential
dwelling unit shall be faced with brick, stone veneer, decorative masonry or exterior insulation
and finishing systems (EIFS) materials.
III. Requirements for Specific Tracts.
A. Tract A.
1. Uses. Uses within Tract A shall be limited to the following:
a) Those uses permitted in the Community Business (C-3) District limited to the
following:
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(1) Access to any land located in an agricultural, office, business or industrial district
or access to any land used for agricultural, office or industrial purposes.
(2) Barber or beauty shop.
(3) Nursery schools and child or adult care centers and kindergartens.
( 4) Offices.
(5) Shopping centers
(6) Massage clinics.
(7) Art schools, galleries or museums.
(8) Churches and/or Sunday schools.
(9) Libraries.
(10) Medical facilities or clinics.
(11) Medical and dental laboratories.
(12) Rest, convalescent or nursing homes and other group care facilities.
(13) Schools - music, dance and business.
a) The following Community Business (C-3) uses with restrictions as follows:
(1) Restaurants, not including fast food. Limited to two (2).
c) Residential Multifamily uses, to include such uses as may be located in space above the
first story of any building designated for and intended to be occupied by those uses
outlined in Textual Statement IV.A.l.a.and b.
d) Those uses permitted by right or with restrictions in the Residential Townhouse (RTH)
District.
e) Residential Single Family. Lots having a minimum area of 2,700 square feet.
2. Requirements.
a) Development of commercial and office uses, to include Residential Multifamily
located above the first story, shall conform to the requirements of the Emerging
Growth Standards as defined in the Zoning Ordinance except as follows:
(1) Front yard. Minimum of zero (0) feet.
(2) Side yard. Minimum of zero (0) feet.
(3) Corner side yard. Minimum of zero (0) feet.
(4) Rear yard. Minimum of zero (0) feet.
b) Development of Residential Multifamily uses shall conform to the following:
(1) Parcel area and density. There shall be no minimum parcel size. The density
shall not exceed twenty (20) dwelling units per gross acre.
(2) The setback requirement for interior driveways for residential buildings shall be
zero (0) feet.
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(3) The setback requirement for structures to parking spaces shall be zero (0).
( 4) The minimum distance between buildings shall be zero (0) feet.
(5) Recreation area. Recreation area shall be provided in the form of passive
recreation consisting of walking trails throughout the development.
(6) Dwelling units. There shall be no limit to the number of dwelling units permitted
on one floor level of a building.
c) Development of Residential Townhouse uses shall conform to the following:
(1) Lot area and width. Each lot shall have an area not less than 1,520 square feet
and a lot width of not less than nineteen (19) feet; except end lots in townhouse
groups or rows having less than five (5) lots shall have a lot area of not less than
2,320 square feet and a lot width not less than twenty-nine (29) feet and end lots
in townhouse groups or rows having five (5) or more lots shall have a lot area of
not less than 2,400 square feet and a lot width of not less than thirty (30) feet.
(2) Percentage of lot coverage. All buildings, including accessory buildings, on any
lot shall not cover more than seventy (70) percent of the lot's area. No accessory
building on any lot except for a private garage shall cover more than 225 square
feet.
(3) Setbacks. With the exception of setback requirements along Route 360 the
following setbacks shall apply:
(a)Front yard. Minimum of twenty (20) feet in depth. Minimum setbacks shall
be increased where necessary to obtain the required lot width at the front
building line. Provided, however, where sidewalks and street trees are
provided between the unit and right of way, setbacks may be reduced to zero
(0) feet.
(b)Side yard. A side yard of not less than ten (10) feet in width shall be provided
for each end residence in townhouse groups or rows.
(c) Corner side yard. Minimum often (10) feet.
(d)Rear yard. Minimum often (10) feet in depth.
(4) Driveways and parking areas. All roads, driveways and parking areas serving the
general public shall have concrete curbs and gutters.
(5) Group or row design. The total number of lots within each attached group or row
of townhouses shall be varied, but in no case exceed twelve (12).
(6) Accessory Structures. Setbacks for accessory structures shall maintain side and
corner side yard setbacks as stated above. Setbacks for accessory structures shall
be permitted half the required rear yard setback.
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(7) Any record plat for lots adjacent to the proposed commercial uses shall note the
potential for commercial use or office development adjacent to such lots.
d) Single Family Residential. Development shall conform to the following:
(1) Principal Structures.
(a)Lot area and width. Each lot shall have an area of not less than 2,700 square
feet and a lot width of not less than thirty (30) feet.
(b ) Percentage of lot coverage. All buildings, including accessory buildings, on
any lot shall not cover more than seventy (70) percent of the lot's area.
(c)Front yard. Minimum of ten (10) feet in depth. Minimum setbacks shall be
increased where necessary to obtain the required lot width at the front building
line.
(d)Side yard. Two (2) side yards, each a minimum of three (3) feet in width.
(e) Corner side yard. Minimum of fifteen (15) feet.
(f) Rear yard. Minimum of twenty (20) feet in depth.
(g) Dwelling Size. The minimum gross floor area for each dwelling unit shall be
1,600 square feet.
(2) Accessory Structures. Setbacks for accessory structures shall conform to the
setback requirements for such structures in the R-15 District except as follows:
(a)One (1) story accessory structures: The rear and side yard setbacks shall be
half the required yards for principal structures defined above.
(b)More than one (1) story accessory structures: The rear and side yard setbacks
shall be the required setbacks for principal structures defined above.
(3) Any record plat for lots adjacent to the proposed commercial uses shall note the
potential for commercial use or office development adjacent to such lots.
B. Tract B
1. Uses.
a) Those uses permitted by right or with restrictions in the Residential Townhouse (RTH)
District.
b) Residential Single Family. Lots having a minimum area of 2,700 square feet.
2. Requirements.
a) Development of Residential Townhouse uses shall conform to the requirements as
stated in IV.A.2.c.
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b) Development of Residential Single Family lots shall conform to the requirements as
stated in IV.A.2.d.
C. Tract C
1. Uses. Tract C is included for the purpose of calculating density for the residential
multifamily development within Tract A.
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