07SN0333
.L^1UgUst 21, 2007 CPC
September 18, 2007 CPC
September 26, 2007 BS
October 16,2007 CPC
October 21,2007 BS
1'Jo\Tember 20,2007 CPC
1'Jo\Tember 28, 2007 BS
December 18, 2007 CPC
January 9, 2008 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
07SN0333
Chesterfield County Board of Supervisors
Midlothian Magisterial District
Davis Elementary; Providence Middle; and James River High Schools Attendance Zones
Southwest quadrant of Midlothian Turnpike and Chippenham Parkway
REQUEST: Rezoning from Residential (R-7), Neighborhood Business (C-2), Community
Business (C-3), Regional Business (C-4) and General Business (C-5) to Regional
Business (C-4) with Conditional Use to permit multifamily and townhouse uses
plus Conditional Use Planned Development to permit exceptions to Ordinance
requirements.
PROPOSED LAND USE:
A mix of commercial, office and residential uses, including multi-family,
townhomes and detached single family dwellings, is planned. Specifically, a
maximum of 750 residential dwelling units (Textual Statement III.A.3) and a
minimum of 200,000 square feet of commercial and office uses may be
developed. (Textual Statement III.A.4)
STAFF RECOMMENDATION
On December 18, 2007, the Commission, at the request of the applicant's representative,
deferred this request to their regularly scheduled meeting in February. It would, therefore be
appropriate for the Board to defer this case to at least February 27, 2008.
Providing a FIRST CHOICE community through excellence in public service
CASE HISTORY
Planning Commission Meeting (8/21/07):
At the request of the applicant's representative, the Commission deferred this case to
their September 18, 2007, public hearing.
Staff (8/22/07):
The applicant's representative was advised in writing that any new or revised information
should be received no later than August 27,2007, for consideration at the Commission's
September 18, 2007, public hearing.
The Applicant's Representative Development Partner, Midlothian and Clover Hill Districts
Planning Commissioners, Midlothian District Supervisor, Staff and Area Citizens (9/6/07):
A meeting was held to discuss the request.
Staff (9/7/07):
No new or revised information has been received.
Planning Commission Meeting (9/18/07):
On their own motion, the Commission deferred this request to October 16,2007.
Staff (9/19/07):
The applicant's representative 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 public hearing.
Board of Supervisors' Meeting (9/26/07):
On their own motion, the Board deferred this case to their October 24, 2007, public
hearing, pending the Commission's recommendation on this case.
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07SN0333-]AN9-BS-RPT
Staff (9/28/07):
To date, no new information has been received.
Applicant (10/2/07):
A revised Textual Statement was submitted.
Planning Commission Meeting (10/16/07):
On their own motion, the Commission deferred this case to their November 20, 2007
meeting.
Board of Supervisors' Meeting (10/24/07):
On their own motion, the Board deferred this case to their November 28, 2007, public
hearing pending the Commission's recommendation on this case.
Staff (10/25/07):
To date, no new information has been received.
Planning Commission Meeting (11/20/07):
On their own motion, the Commission deferred this case to their December 18, 2007,
public hearing.
Staff (11/21/07):
The applicant's representative was advised in writing that any significant, new or revised
information should be submitted no later than November 26, 2007, for consideration at
the Commission's December public hearing.
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07SN0333-]AN9-BS-RPT
Board of Supervisors' Meeting (11/28/07):
This case was carried over to the Board's January 9, 2008, public meeting since the
Procedures of the Board prohibit consideration of zoning cases after November 6, 2007,
given that a majority of the Board was not re-elected.
Planning Commission Meeting (12/18/07):
At the request of the applicant's representative, the Commission deferred this case to
their regularly scheduled meeting in February 2008.
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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07SN0333-]AN9-BS-RPT
Chil!Penham Place Textual Statement
Revised September 27, 2007
All property subject to this rezoning ("the Property") shall be zoned Regional
Business (C-4) with a Conditional Use to permit townhouse and multi-family uses in
accordance with the requirements specified herein, and with Conditional Use Planned
Development to permit use and bulk exceptions as specified herein.
I. Soecification of Areas within the Prooertv
The Property is shown on the Zoning Plan prepared by Land Design dated July 5, 2007
("Zoning Plan"), which delineates the general location of the Commercial Mixed Use
Area and the Residential Mixed Use Area referred to in this Textual Statement. The
boundary between these two Areas may be adjusted, provided that only townhouse or
single- family uses shall be permitted in the southeast corner of the Property, within one
hundred (100) feet of Tax IDs 7657054933,7657056518, and 7657054309.
II. Permitted Uses
A. Within the Commercial Mixed Use Area, the following uses shall be
permitted, subject to the requirements stated in this Textual Statement:
1) Uses permitted in the Regional Business (C-4) District;
2) Multi-family;
3) Townhouses; and
4) Multi-family uses located on upper stories above uses permitted in
the C-4 District.
B. Within the Residential Mixed Use Area, the following uses shall be
permitted, subject to the requirements stated in this Textual Statement:
1) Townhouses and other uses permitted by right or with restrictions
in the R - TH Residential Townhouse District; and
2) Single-family detached dwellings.
III. Reauired Conditions
A. Conditions Applicable to Entire Property
1) Master Plan. The Zoning Plan and this Textual Statement shall be
considered the Master Plan.
2) Mixing of Uses A conceptual plan addressing land use
compatibility and transition within the property and with adjacent
properties will be submitted for review and approval.
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Consideration of land use compatibility and transition may include,
but not be limited to, the exact location of uses, site design, and
appropriate use transitions. The conceptual plan shall be reviewed
and approved by the Planning Commission or the Planning
Department, at the election of the developer, and such review shall
be subject to appeal in accordance with the provisions of the
zoning ordinance for site plan approval.
3) Residential Unit Maximum. The total number of residential
dwelling units on the property shall not exceed 750 dwelling units.
4) Phasing. A minimum of 300,000 gross square feet of commercial
or office uses shall be planned for development within the Property
as submitted and approved on the required Conceptual Plan. Such
development may be phased, provided that, prior to issuance of a
building permit for any residential unit except one located on an
upper story of a building in which the ground floor will be a
commercial or office use, building permits shall have been issued
for a minimum of 160,000 gross square feet of commercial or
office uses within the Property.
After eighteen months from the issuance of the first certificate of
occupancy for commercial or office use, the developer's obligation
to develop a minimum of 300,000 gross square feet of commercial
or office use shall be reduced to 200,000 square feet of commercial
or office use.
~ Maximum Density. The maximum permissible density shall be
450,000 square feet of shopping center, 150,000 square feet of
general office, 350 non-condominium multi-family units, 200
condominium units, 100 townhouses, and 60 single-family
dwellings, or equivalent traffic generation as determined by the
Transportation Department. At the election of the developer,
higher densities may be approved by the Planning Commission if
the other requirements of zoning are met.
6) Building Height. The maximum building height shall be twelve
(12) stories.
7) Public Water and Wastewater. The public water and wastewater
systems shall be used.
8) Public Streets. All roads that accommodate general traffic
circulation through the development, as determined by the
Transportation Department, shall be designed and constructed to
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VDOT standards and taken into the State System. Such roads shall
be considered special access streets. Except as otherwise specified
herein, setbacks from such streets may be reduced or eliminated in
accordance with S 19-505(b) of the Zoning Ordinance
9) Vehicular Access. Direct vehicular access from the Property to
Midlothian Turnpike shall be limited to the three (3) existing
access locations, and direct vehicular access from the property to
Cloverleaf Drive shall be limited to the one (1) existing access
location.
Development of the Property shall include the potential for
vehicular access from the Property to the west, south, and east, as
shown conceptually on the Zoning Plan. The exact location and
number of such future accesses shall be approved by the
Transportation Department. Any modifications of these accesses
shall be approved by the Transportation Department.
10) Parking. If residential units have garages, one parking space
within garages shall be counted toward the minimum parking
requirements
11) Sidewalks., Street Trees and Decorative Lights. Sidewalks, street
trees and decorative lights with spacing appropriate for the
adjacent use according to accepted industry standards as
reasonably approved by the Planning Department shall be provided
along both sides of those portions of internal public streets that
have uses fronting the street and where necessary to provide
pedestrian connections among the various uses within the Property.
12) Landscaping and Sidewalks Along Midlothian Turnpike. Along
Midlothian Turnpike, sidewalks and landscaping in accordance
with the requirements for Landscaping H under the Zoning
Ordinance shall be provided, except that an alternative landscaping
and sidewalk plan may be used if requested by the Developer and
approved by the Planning Department provided such alternative
meets the spirit and intent of Landscape Standard H.
13) Commercial Focal Point and Recreation Areas. Area(s)
conveniently accessible to and included within the development
totaling not less than 40,000 square feet shall be provided for
suitable recreational use by the various uses within the Property.
These areas shall include: (a) a minimum of 15,000 square feet in
a visible central place within the commercial development, to serve
as a focal point for the entire development, such as a "Main Street"
or village green, with such space designed to provide open green
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space and space for outdoor public activity, with uses located
around the perimeter of such open area and oriented to face toward
such area; and (b) recreation area(s) with a minimum of 0.50 acres
within the residentially developed portions of the Property. Part of
such residential recreation area shall have benches or other
amenities that accommodate and facilitate gatherings.
14) On Street Parking. Designated on street parking is to be counted
towards the parking space requirement.
15) Residential Multi-Family and Townhouse Security. The owner or
its successor shall meet the Crime Prevention through
Environmental Design (CPTED) standards, whenever practicable,
in the design of a multi-family or townhouse project as approved
by the Chesterfield County Police Department.
If the project experiences Group A crime incidents
above the County average for a year or longer, then
the owner or successor shall submit a security plan
to the Chesterfield County Police Department for
review and approval.
16) Drainage. The developer will re-direct as much stormwater runoff
as practicable from the existing impervious area that drains to the
south.
1 7) Timbering. With the exception of timbering that 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.
18) Architectural Conditions for Commercial., Office., and Mixed Use
Buildings. Buildings shall be constructed of modern materials
with design elements consistent with the Colonial Revival Style of
the late nineteenth and early twentieth centuries. Building
materials are to consist of masonry (brick, stone, or split faced
block), cementitious siding (hardi siding), EFIS, precast stone, or
similar materials. Architectural trim materials shall be constructed
of architecturally complimentary materials. Painted block may be
used on facades in service areas that are not visible from areas
generally accessible to the public.
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19) Demolition of Existing Structures. All existing buildings on the
property shall be demolished except the buildings currently
occupied by Firestone and Bank of America.
B. Conditions for Single-Family Detached Units
Single-family detached units shall meet the requirements of the R-
9 Zoning District except as follows:
1 ) Lot area and width. Each lot shall have an area of not less than
5,000 square feet and a lot width of not less than 40 feet.
2) Percentage of lot coverage. No maximum
3) Front yard. Minimum of 5 feet in depth. Minimum setbacks shall
be increased where necessary to obtain the required lot width at the
front building line.
4) Side yard. Two side yards, each with a minimum of 5 feet in width.
5) Corner side yard. Minimum of 10 feet.
6) Rear yard. Minimum of 20 feet in depth.
7) Setbacks for Accessory Structures
Side: 5 feet minimum
Corner Side: 10 feet minimum
Rear: 2 feet minimum
8) Minimum Size. A minimum of 20% of lots shall be designated for
homes of 2200 gross square feet or larger if a cumulative total of
more than 30 lots are recorded within the entire project property
for single family detached units.
9) Garages. Front loading garages shall be located no closer to the
street than the front fa<;ade of the dwelling unit.
C. Conditions for Townhouse Units
1 ) Lot area and width. Each lot shall have an area not less that 1800
square feet and a lot width of not less than 18 feet.
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2) Percentage of lot coverage. No maximum. No accessory building
on any lot except for a private garage shall cover more than 225
square feet.
3) Front yard. Minimum of 5 feet in depth. Minimum setbacks shall
be increased where necessary to obtain the required lot width at
the front building line.
4) Side yard. A side yard of not less than 2.5 feet in width shall be
provided for each end residence in townhouse groups.
5) Corner side yard. Minimum of 10 feet.
6) Rear yard. Minimum of 10 feet in depth.
7) Driveways and parking areas. All roads and parking areas shall
have concrete curbs and gutters.
8) 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
fifteen (15), and shall be designed and sited as outlined herein.
9) Setbacks for Accessory Structures
(a) Front: greater than principal structure
(b) Side: 2 feet minimum
( c ) Corner Side: 10 feet
(d) Rear: 2 feet
10) Common Areas Between Buildings. A minimum common area of
ten feet in width shall be provided for each exposed side, front, and
rear of all lots of a block, except the side, front, and rear of any lot
or lots fronting or abutting a public street.
11 ) Garages. Front loading garages shall be located no more than 2
feet closer to the street than the front fa<;ade of the dwelling unit.
12) Minimum Size. A minimum of20% of the lots shall be designated
for townhomes of 1700 gross square feet or larger if a cumulative
total of more than 30 lots are recorded within the entire project
property for townhouse units.
D. Conditions for Residential Condominium Units
1) Condominium Requirements. All such units must comply with the
requirements of the Virginia Condominium Act.
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2) Integration of Uses. Any residential condominium units shall be
integrated with commercial and office uses by locating the units
adjacent to a commercial or office use. Vertical integration of
commercial, office, and residential units shall be permitted.
3) Parking. The minimum number of off-street parking spaces shall
be 1.5 spaces per dwelling.
E. Conditions for Non - Condominium, Multi-Family Units
1) Integration of Uses. Any non-condominium, multi-family units
shall be integrated with commercial and office uses by locating the
multi-family use adjacent to a commercial or office use. Vertical
integration of commercial, office, and residential units shall be
permitted.
2) Number of Non-Condominium., Multi-family Units. The
maximum number of non-condominium, multi-family units located
on the Property shall be 350; provided that such total shall not
include those units that comply with the Virginia Condominium
Act, those located on the upper story of a building in which the
ground floor is a permitted C-4 use, or those permitted as "housing
for older persons" in which residents under the age of 19 are not
permitted.
3) Setbacks. Buildings shall be setback a minimum of five (5) feet
from rights of way.
4) Building Separation. Buildings shall be separated by a minimum
distance of fifteen (15) feet.
5) Parking. The minimum number of off-street parking spaces shall
be 1.5 spaces per dwelling.
F. Restrictive Covenants
Prior to the approval of the site plan for the condominium and non-condominium
multi-family residential project or the recordation of the initial subdivision plat for the
townhouse project, restrictive covenants shall be recorded that provide for an
architectural review committee (ARC), that, until such time as the multi-family and
townhouse projects are completed, shall include one member appointed by the
Chesterfield County Board of Supervisors and one member of the Chesterfield
County Revitalization Office. The remaining members of the ARC shall consist of
developer representatives and property owners.
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The restrictive covenants shall be filed and a copy sent to the Chesterfield County
Planning Department to include the Architectural Guidelines listed in Exhibit A. The
Architectural Guidelines shall not be changed except by a unanimous decision of the
ARC.
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Exhibit A
Architectural Guidelines
for Multi-Family and Townhouse Projects
These guidelines apply to condominium and non-condominium multi-family and
townhouse projects that are not vertically mixed in a building with commercial, office, or
other nonresidential uses.
Building Design Style: Buildings shall be constructed of modern materials with design
elements consistent with the Colonial Revival Style of the late nineteenth and early
twentieth centuries. Design is to be consistent with the following principles:
A. An orderly, symmetrical relationship between the windows, doors, and building
mass, and
B. Building design style shall be similar to the style illustrated on the attached
drawings.
Building Materials: Masonry (brick or stone or similar materials), cememtitious siding
(hardi siding), EFIS, and precast stone; trim or accent elements can be constructed of
materials architecturally complimentary to the primary building materials.
Building Arrangement: Buildings are to front on streets as much as practicable in an
urbanist style. Streetscape improvements (including street trees and pedestrian scale
decorative lights) shall be continued along buildings that front parking lots. Open space,
as provided for in the Required Zoning Conditions, shall be located in a visible central
place to serve as a focal point for the residential neighborhood,
Architectural Features:
1. The side elevation of building units shall have architectural details and exterior finish
materials consistent with the front elevation,
2. Windows shall be constructed of wood, vinyl, or polymer. Windows constructed of
wood may be clad in vinyl or PVC,
3. Clear glass shall be used in all windows and doors. Stained, frosted and tinted glass is
not permitted.
4. Doors shall typically have six raised panels and may incorporate sidelights and
transoms,
5. Roofpenetrations (vents, flues, attic ventilators, etc.) shall be painted to match the
color of the roof. Penetrations shall be placed on the rear of the primary ridge when
possible,
6. Front porches/balconies and street porches/balconies shall be open. Screened or
enclosed porches are not permitted. Minimum porch/balcony depth shall be six feet.
Urban style metal balconies Guliettes) shall be permitted.
1431549v7
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