99SN0229,,n_~ ,~ 1999
A----:I ~ 1~
April 28, 1999 BS
REOUEST:
I.
II.
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
99SN0229
Salisbury Corporation, A Virginia Corporation
Midlothian Magisterial District
North line of Midlothian Turnpike
Amendment to Conditional Use Planned Development (Case 87S064) as follows:
With the approval of Case 87S064, the approved Textual Statement established the
minimum size of multi-family units at 900 gross square feet. An amendment is
requested on Tract F (see amended Master Plan) to allow a maximum of 128 of the
multi-family units to have less than 900 gross square feet, but in no event less than
740 gross square feet. This amendment applies to Tract F only and would not
apply to other tracts in the development where multi-family residential uses are
permitted.
The approved Textual Statement and zoning conditions for Case 87S064 required
at a minimum, submission of a schematic plan for the entirety of Tract C as well
as other entirety of other tracts as shown on the approved Master Plan. This
amendment would allow "Tract F' (originally a part of Tract C), as shown on the
amended Master Plan, to be developed without the necessity to submit a schematic
plan.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
mo
With approval of this request, a small portion of Tract C, as shown on the
approved Master Plan, would be incorporated into Tract A, thereby allowing the
same uses as permitted in Tract A. Tract A, as reconfigured, and Tract B would
continue to be subject to the original conditions of zoning.
pROPOSED LAND USE:
A mixed use development to include various styles of residential, commercial and
industrial uses are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMENDED APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 2 AND 3 AND
ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 3 THROUGH 9.
STAFF RECOMMENDATION
The original conditions of zoning were negotiated between the applicant and area property owners.
After consideration of public input, should the Commission and Board wish to approve this
amendment, acceptance of the proffered conditions and imposition of the conditions would be
appropriate.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER 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.)
CONDITIONS
(STAFF/CPC) 1.
The following conditions notwithstanding, the plan prepared by
Charles C. Townes and Associates, P.C., dated March 10, 1999,
titled Plan Exhibit A("the Plan") shall be considered the Master
Plan for the request property only.
(Note: This condition supersedes Condition 1 of Case 87S064 for
the request property only. That part of Tracts A and B shown on the
"Plan" continue to be subject to the overall conditions of zoning for
Case 87S064.)
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(STAFF/CPC) 2.
Condition 22 of Case 87S064 shall not apply to Tract F as identified
on "the Plan".
(Note: This condition modifies Condition 22 of Case 87S064 for
Tract F only.)
PROFFERED CONDITIONS - TRACT F
(STAFF/CPC) 1.
Uses. The uses permitted shall be limited to those uses permitted in
the R-MF Multi Family Residemial District as defined in Section
19-107 thru 19-108 of the Chesterfield County Zoning Ordinance
as of the date of approval by the Board of Supervisors provided,
however, that group homes shall not be permitted. Except as stated
herein, development shall conform to the requirements of the
zoning ordinance for R-MF Multi-Family Residential Districts. A
maximum of 320 multi-family dwelling units plus said customary
accessory uses, such as, but not necessarily limited to, leasing
office, clubhouse, recreational facilities, garages, shall be
permitted. Those uses permitted in the Residential (R-9) District
shall not be permitted. Each dwelling unit shall have a minimum
of 740 square feet of gross floor area; provided, however that no
more than 128 of the dwelling units may contain less than 900
square feet of gross floor area.
(STAFF/CPC) 2.
Setbacks. Unless otherwise required by governmental agencies
having jurisdiction over the subject property, all buildings,
driveways and parking areas shall be setback a minimum of one
hundred (100) feet from the westem and southern lines of Michaux
Creek, Section D as shown on the master plan dated March 10,
1999, prepared by Charles C. Townes & Associates, titled Plan
Exhibit A ("the Plan").
(STAFF/CPC) 3.
Landscaping/Buffers/Fencing. A fifty (50) foot buffer shall be
provided adjacent to Michaux Creek, Section D, as shown on the
plan. This buffer shall comply with the requirements of Sections
19.520, 19.521(a) through (h) and 19.522(2). Landscaping as
described in either Option I or Option II below shall be provided
within the remaining portion of the 100 foot setback referred to in
Proffered Condition 2.
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OPTIONS:
ho
(a) Option I: (i) At least one large, deciduous tree for each fifty (50) lineal
feet and at least one evergreen tree for each thirty (30) lineal feet; (ii) at
least one small deciduous tree for each fifty (50) lineal feet; (iii) at least one
medium shrub for each fifteen (15) lineal feet; and (iv) low shrubs and
ground cover reasonably dispersed throughout.
(b) Option II: (i) a minimum three-foot high undulating berm; (ii) at least
one small deciduous tree for each fifty (50) lineal feet and at least one
evergreen tree for each fifty (50) lineal feet; (iii) at least one medium shrub
for each twenty (20) lineal feet; and (iv) low shrubs and ground cover
reasonably dispersed throughout.
Landscape plantings shall be provided around buildings. The landscape plan shall
be approved by the Planning Department. For each respective building,
landscaping as shown on the approved plan shall be bonded or installed prior to
issuance of a clear certificate of occupancy for such building.
DEFINITIONS:
(a) Small deciduous trees shall be of a species having an average minimum mature crown
spread of greater than twelve (12) feet. At the time of planting, a minimum caliper of at
least one and one-half (1 IA) inches shall be required.
(b) Large deciduous trees shall be of a species having an average minimum mature crown
spread of greater than thirty (30) feet. At the time of planting, a minimum caliper of at
least two and one-half (2 lA) inches shall be required.
(c) Evergreen trees shall have a minimum height of five (5) feet at the time of planting.
(d) Medium shrubs shall have a minimum height of two (2) feet at the time of planting.
At the option of the owner/developer, additional landscaping may be added.
Co
A fence having a minimum height of six (6) feet shall be installed along the
eastern boundary from proposed N. Otterdale Road southward to the southern
boundary of Tract F. This fence may be installed within the 100 foot setback
as shown on the Plan. Openings in the fence to accommodate the construction
of accesses outlined in Proffered Conditions 15 and 16 shall be permitted.
From the northern terminus of the six (6) foot fence, generally parallel to the
south right of way line of proposed N. Otterdale Road to the permanent single
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(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
"boulevard" entrance to/from proposed N. Otterdale Road as outlined in
Proffered Condition 16, an ornamental fence shall be installed. The exact
location and treatment of this fence shall be approved by the Planning
Department at the time of site plan review.
4. Architecture
(a). Multi-Family Dwelling Unit Building Architecture. The
architectural elements (e.g., pitched roofs, horizontal siding and front
elevation brick accents) of the multi-family dwelling unit buildings
constructed on the subject property shall be similar to the architectural
elements shown on the elevations dated April 1, 1999, prepared by Cline-
Davis Architects, attached hereto as Exhibit B, Exhibit C and Exhibit D.
Each exterior side of a multi-family building shall incorporate a
combination of brick and siding provided that, the total surface area
(excluding breezeways, doors, windows and similar common area
passageways and openings) of each building shall incorporate no less than
1 part brick for every 2 parts siding. Design of the buildings shall
incorporate creative use of design elements such as balconies and/or
terraces, sculptural or textural relief of facades, varied roof lines and other
appurtenances. The color of the brick shall be a shade of red.
(b). Clubhouse Architecture. The architectural elements, including color
and materials, of any clubhouse shall be compatible with the architectural
elements of the multi-family unit buildings.
o
Maintenance. The owner shall maintain the buildings/grounds to
insure a quality appearance.
No structure shall exceed a height of three (3) stories above ground
level on any side of any building.
Water Feature. A pond will be located generally as shown on the
Plan. The pond shall include a fountain if permitted by applicable
governmental regulations. The pond shall be designed as a wet
pond and shall incorporate landscaping around its perimeter.
Unless otherwise desired by the owner or developer of the subject
property, (a) the size of the pond shall not be greater than that
required to satisfy the storm-water retention capacity for which the
pond is designed by the owner or developer, and (b) the landscaping
referred to above shall consist of the landscaping described in
Proffered Condition 3 (either Option I or Option ID. The
circumference of the pond measured at its designed normal water
5 99SN0229/WP/APR28N
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
o
10.
surface level shall be the length of the pond for determining the
amount of landscaping required.
Qpen Area. Unless otherwise required by governmental agencies
having jurisdiction over the subject property, (a) there shall be no
signs, buildings, driveways or parking areas north of the right-of-
way line of Proposed N. Otterdale Road in the location shown on
the Plan, and (b) there shall be no signs (except traffic control signs
and directional signs), buildings or parking areas within the area
north of the proposed pond identified as "View Protection Area" on
the Plan.
N. Otterdale Road Landscaping. Berming and landscaping so as to
minimize the view of buildings, driveways and parking areas, shall
be provided north and northeast of the northern right of way line of
Proposed N. Otterdale Road as shown on the Plan subject to
governmental regulations. The owner/developer shall not modify
the location of N. Otterdale Road as shown on the Plan when
requesting site plan approval unless required by a governmental
agency. The foregoing berming and landscaping shall be provided
in conjunction with the first phase of development. The exact
treatment of the berming and landscaping shall be approved by the
Planning Department at the time of site plan review, provided that
such landscaping and berming shall not exceed the following
standard unless otherwise requested by the owner or developer and
approved by the Planning Department: (i) a three (3) to five (5)
foot high berm having a maximum slope of 3:1, provided that a five
(5) foot high berm having a maximum side slope of 3 to 1 be
installed wherever it is possible without encroaching into the
existing sanitary sewer easement, wetlands, or RPA area; (ii) at
least one small deciduous tree for each fifty (50) lineal feet and at
least one evergreen tree for each fifty (50) lineal feet; (iii) at least
one medium shrub for each twenty (20) lineal feet; and (iv) low
shrubs and ground cover reasonably dispersed throughout.
Central Trash Facility, Except for dumpsters and garbage cans
serving construction, no dumpsters or garbage cans shall be
permitted outside of buildings, except for trash receptacles placed
in common areas and recreational areas for the use and convenience
of persons using such areas. All trash disposal from multi-family
dwelling units shall be by way of a central trash compacting facility
which shall be located south of Line A shown on the Plan.
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(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
11.
12.
13.
14.
15.
Recreational Facilities. An area or areas located within the
development shall be provided for resident recreation. This area(s)
shall include as a minimum a swimming pool and a clubhouse. The
clubhouse shall have a minimum of 3000 gross square feet of which
a maximum of 50 per cent shall be devoted solely to offices for
management/leasing/business purposes. Any tennis courts shall be
located south of Line A and west of Line B as shown on the Plan.
With the exception of swimming pools, a clubhouse and customary
accessory uses to a pool and clubhouse (including, by way of
example and not limitation, hot tubs, shuffleboard courts, etc.), all
exterior recreational facilities shall be located at least two hundred
(200) feet from the western boundary line of Michaux Creek,
Section D.
(Note: This condition supersedes in its entirety section 19-11 l(i) of
the Chesterfield County Zoning Ordinance.)
LJglgJllg. Exterior lighting shall be arranged and installed so that
the direct or reflected illumination does not exceed five-tenths (0.5)
foot candle above background, measured at the boundary lines of
the subject property formed by Michaux Creek, and the western
boundary line of Michaux Creek Section D. Except for tennis
courts, free-standing light poles shall not exceed fifteen (15) feet
measured from ground elevation to f~xture mounting height. Tennis
court lighting shall not exceed twenty-five (25) feet measured from
ground elevation to fixture mounting height.
RV and Boat Parking, An area shall be designed and provided for
the parking and storage of recreational vehicles and boats and such
area shall be located south of Line A shown on the Plan.
Unit Requirements. Living rooms and bedrooms of the dwelling
units shall have ceiling heights of approximately nine (9) feet, but
in no event less than 8.5 feet, except to the extent necessary to
accommodate mechanical equipment, ductwork and similar
improvements, and design features (e.g., vaulted ceilings) or as
may be required by a governmental agency exercising jurisdiction
over the project. Each multi-family dwelling unit shall include
hook-ups for clothes washers and dryers.
Construction Access A construction entrance shall be provided
south of the intersection of N. Otterdale Road and Wyldrose Drive
at a distance of at least 300 feet to the southwest of this intersection.
7 99SN0229/WP/APR28N
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
16.
17.
18.
Heavy construction equipment shall utilize such access to and from
Tract F until such time that the 320 dwelling units receive their first
clear certificates of occupancy. Heavy construction vehicles shall
be defined as any commercial vehicle exceeding 4,000 pounds net
weight and having more than two axles.
Permanent Accesses. Two permanent accesses shall be provided to
Tract F. These accesses shall be limited to a single "boulevard"
entrance to/from proposed N. Otterdale Road north of the
intersection of N. Otterdale Road and Michaux Bluff Drive within
the area shown on "the Plan" and a single entrance south of the
intersection of N. Otterdale Road and Wyldrose Drive at a distance
of at least 300 feet to the southwest of this intersection. The single
"boulevard" entrance shall be designed to minimize the focusing of
headlights onto adjacent residential dwellings from vehicles as they
exit the site. This requirement shall be measured at the point the
vehicle stops prior to entering the N. Otterdale Road right of way.
Such accesses shall allow for the full development and issuance of
clear certificates of occupancy of all 320 dwelling units, leasing
office and other accessory uses, buildings and structures within
Tract F. Until a permanent second access is provided, the
construction access, as defined in Proffered Condition 15, shall be
sufficient to satisfy the second entrance requirement for the
purposes of life and safety issues, however, in no event shall more
than 296 certificates of occupancy (clear, temporary or otherwise)
for dwelling units be issued until the permanent second access is
constructed. In any case, the permanent access south of the
intersection of N. Otterdale Road and Wyldrose Drive shall be
constructed within two years of the date of the issuance of the first
clear certificate of occupancy for Tract F.
(Note: This condition supersedes in its entirety section 19-111.(h)
of the Chesterfield County Zoning Ordinance.
Phasing. No land disturbance shall commence on Tract F until
March 1, 2000. Occupancy permits(clear, temporary or otherwise)
shall not be issued on more than 96 dwelling units prior to January
1, 2001.
Sidewalks. Sidewalks shall be provided to facilitate pedestrian
movements from buildings entrance(s) to the parking area(s) which
serve the building(s) and along the edge of parking bays located in
front of the building(s). Further, a pedestrian all weather trail
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system shall be constructed to facilitate pedestrian movements from
buildings to the recreation area(s).
(Note: This condition supersedes in its entirety section 19-111.(f)
of the Chesterfield County Zoning Ordinance.)
(STAFF/CPC) 19.
Drainage. No drainage from Tract F shall be directed toward the
existing SWM/BMP situated on GPIN 7217123157 in Michaux
Creek, Section D.
(STAFF/CPC) 20.
The owner/developer shall be responsible for notifying, in writing,
of the submission of site plan(s) to Chesterfield County to the last
known president or representative on file with the Chesterfield
County Planning Department for the civic associations of Salisbury
and Michaux Creek Subdivisions. Such notification shall occur no
later than twenty-one (21) days prior to approval or disapproval of
the site plan(s). The owner/developer shall provide a copy of the
notification letter(s) to the Planning Department.
GENERAL INFORMATION
Location:
Located off the west line of Wylderose Drive and fronting on the north line of Midlothian
Turnpike. GPIN 729-718-Part of 1145 (Sheet 7).
Existing Zoning:
R-9, 0-2 and I-1 with Conditional Use Planned Development
Size:
64.5 acres
Existing Land U~¢:
Vacant
Adjacem Zoning & Land U~¢:
North
South
- R-25 with Conditional Use Planned Developmem; Single family residential or
Vacant
- A; Vacant
9 99SN0229/WP/APR28N
East
West
- R-9 and I-1 with Conditional Use Planned Development; Single family residential
or Vacant
- R-9, 0-2 and I-1 with Conditional Use Planned Development; Vacant
Public Water System:
There is an existing twelve (12) inch water line along North Otterdale Road, terminating
approximately 300 feet east of the request site. Use of the public water system is required
by existing conditions of zoning. (Case 87S064, Condition 2)
Public Wastewater System:
There is an existing eighteen (18) inch wastewater trunk sewer extending along Michaux
Creek and adjacent to the northern property line of the request site. Use of the public
wastewater system is required by existing conditions of zoning. (Case 87S064, Condition
2)
The wastewater collection system design should include an extension of a subtrunk along
the tributary of Michaux Creek which runs adjacent to the western property line. Over
sizing of this subtmnk, with any appropriate and applicable refunds by the County, may
be necessary to support development of up-stream properties.
ENVIRONMENTAL
Drainage/Erosion and Water Ouality:
The front portion of the property drains to a small creek that parallels the west property line and
then enters Michaux Creek. The rear portion of the property drains directly into Michaux Creek
which then drains into the James River. Although the property is steep in places, there are no
known onsite drainage or erosion problems. Conditions of Case 87S064 address drainage and
erosion issues.
There are two ponds on the front portion of the property and, if they remain, must be analyzed
in relation to the Environmental Engineering Reference Manual and retrofitted where necessary.
If used as SWM/BMPs, they must also comply with the appropriate safety features and perimeter
yard setbacks.
To address concerns by the Michaux Creek residents, the applicant has agreed that drainage from
Tract F will be directed away from the pond located in Michaux Creek Subdivision. (Proffered
Condition 19)
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PUBLIC FACILITIES
Fire Service:
Since there will be a decrease in the total number of dwelling units permitted, there will
be no increased impact on fire service.
Proffered Conditions 15 and 16 adequately address access into the property for emergency
vehicles.
Schools. Libraries. Parks and Recreation and Fiscal Impact On Capital Facilities:
Since there will be a decrease in the total number of dwelling units permitted, there will be no
increased impact on capital facilities.
Transportation:
In 1987, the Board of Supervisors approved a rezoning request on 375 acres (Case Number
87S064), located on the north side of Midlothian Turnpike (Route 60), for development of a
mixed-use project. The subject property (64.5 acres) was part of that 375 acre zoning case.
The Master Plan that was approved with the original zoning case in 1987, divides the 375 acres
into several tracts and includes several collector roads, including an extension of Otterdale Road
(i.e., North Otterdale Road) through the subject property. The proposed amended Master Plan
for the subject property also includes North Otterdale Road.
The amended Master Plan subdivides the subject property into three (3) Tracts; Tracts A, B and
F. Based on current zoning, Tract F could be developed for various residential land uses
including apartments at a maximum density of eight (8) units per acre, resulting in 385 apartment
units. Applying apartment trip rates to this maximum density, development of Tract F could
generate approximately 2,440 average daily trips. The applicant has proffered that Tract F will
be developed to a maximum density of 320 multi-family dwelling units (Proffered Condition 1).
Based on this request, land uses permitted in the other two (2) Tracts (Tracts A and B) will remain
the same as currently zoned, except for a part of Tract A (1.5 acres). Currently, the 1.5 acres
could be developed for residential uses. The applicant is requesting approval to develop light
industrial uses plus some other commercial uses on this acreage.
It is anticipated that traffic generated by the requested land use will be similar to traffic generated
by land uses permitted under existing zoning. This requested amendment will have a minimal
impact on the anticipated traffic generated by development of the subject property. Vehicles
generated by this development will be distributed along Route 60 which had a 1997 traffic count
of 23,467 vehicles per day.
11 99SN0229/WP/APR28N
The Thoroughfare Plan identifies North Otterdale Road as a collector, with a recommended right
of way width of seventy (70) feet. Access to collectors, such as North Otterdale Road, should be
controlled. The applicant has proffered that direct access from Tract F to North Otterdale Road
will be limited to one (1) entrance/exit (Proffered Condition 16). This access to North Otterdale
Road will be located north of the Michaux Bluff Drive intersection. Proffered Condition 16 also
requires that a second access be constructed onto Wyldrose Drive to serve Tract F.
As previously noted, both the original Master Plan and the proposed amended Master Plan
includes North Otterdale Road. North Otterdale Road has been constructed in phases. The
applicant intends to dedicate the right of way for North Otterdale Road through the subject
property, and to construct North Otterdale Road from its current terminus at its intersection with
Michaux Bluff Drive to the approved access that will serve development of Tract F. Based on
this phasing plan for the construction of North Otterdale Road, the developer of the property west
of the subject property that was included in the original zoning case, would be responsible for
constructing North Otterdale Road from the approved access for Tract F to the western boundary
of the 375 acres that was rezoned in 1987.
In order to address neighborhood concerns regarding development of Tract F, the applicant has
proffered that heavy construction equipment will utilize the access onto Wyldrose Drive (Proffered
Condition 15). This proffered condition will be difficult for staff to monitor and enforce.
At time of site plan review, specific recommendations will be provided regarding access, internal
circulation, and construction of mm lanes along North Otterdale Road to serve Tract F.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is
appropriate for regional mixed uses. Typical land uses in these areas include regional-
scale office or commercial developments, especially large projects containing a mixture
of townhouse or multi-family residential, corporate office, regional commercial and light
industrial uses. Also, lies within the boundaries of the proposed Route 288 Corridor Plan.
As recommended by the Planning Commission, the proposed Route 288 Plan suggests
office/residential mixed use.
Area Development Trell~l~:
The request property, as well as surrounding properties, comprise the Sommerville mixed-
use development. The subject property is currently undeveloped. Adjacent properties to
the north and northeast are zoned Residential (R-25 and R-9) and have been developed as
single family residential lots in Salisbury/Michaux and Michaux Creek Subdivisions,
respectively or remain vacant. Adjacent property to the south is zoned Agricultural (A).
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Adjacent property to the east is zoned Light Industrial (I-l) and is vacant. While adjacent
property to the west is zoned Residential (R-9), Corporate Office (0-2) and Light
Industrial (I-l), with Conditional Use Planned Development, the zoning permits a variety
of land uses to include light industrial and commercial uses as well as a variety of housing
types. The proposed extension of Route 288 lies to the west of the subject property. With
the extension of Route 288, it is anticipated that the area will experience development for
a variety of land uses.
Zoning History.:
On September 23, 1987, the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved rezoning with Conditional Use Planned Development
(Case 87S064) on the subject property, portions of adjacent property to the north and east
and adjacent property to the south and west (see attached approved Master Plan). The
request site encompasses that part of the property shown on the approved Master Plan as
the "Salisbury Tract" located south of Michaux Creek. The "Salisbury Tract" was
divided into specific land use tracts which included additional property under separate
ownerships (i.e., "Batte Tract" and "Justice Tract"). The request site encompasses
portions of Tracts A, B and C. Uses permitted in Tract A include light industrial and
commercial uses; in Tract B, office and a variety of residential; and in Tract C, a variety
of residential housing types. Conditions of zoning approval require, at a minimum,
submission of a schematic plan for each tract, even if the tracts are under separate
ownership.
With the approval of Case 87S064, multi-family residential uses were permitted on Tract
F as shown on the amended Master Plan (previously a part of Tract C). The approved
Textual Statement established a minimum of 900 gross square feet for individual multi-
family units.
In early 1998, a request for a zoning amendment to allow reduction in the minimum floor
area of multi-family dwelling units on that portion of Tract C (now Tract F on the
amended Master Plan) for the "Salisbury Tract" was withdrawn. A companion schematic
plan for Tract C which encompassed Tract C of the "Salisbury" and "Batte" Tracts was
denied by the Planning Commission (Cases 98SN0164 and 98PS0218).
Current Proposal:
As noted, the current proposal encompasses that part of the original zoning located south
of Michaux Creek known as the "Salisbury Tract". Amendment of the approved Master
Plan, Textual Statement and conditions of zoning propose that the Salisbury portion of
Tract C be renamed Tract F. Currently, the uses permitted in Tract C include a variety
of housing types to include single family, townhouses and multi-family units. The
applicant desires to develop multi-family units on "new" Tract F. Existing conditions of
13 99SN0229/WP/APR28N
zoning would allow a multi-family density of eight (8) units per acre, or a total of 372
units. The applicant has agreed to limit the total number of multi-family units to a
maximum of 320 on Tract F and to limit the uses permitted on Tract F to multi-family
residential (Proffered Condition 1). Further, the applicant has requested an amendment
to delete the requirement for submi.qsion of a schematic plan on Tract F since this
amendment coupled with the proffered conditions specifically addresses the uses permitted
and the development standards for those uses. The applicant has indicated that these
amendments address the intent of the original conditions of zoning requiring submission
of an overall schematic plan. Coupled with this portion of the amendment is a proposal
relating to minimum square footage of multi-family dwelling units. Existing conditions
of zoning would require that multi-family dwelling units have a minimum of 900 square
feet of gross floor area. This amendment proposes to reduce the minimum floor area from
900 to 740 square feet for a maximum of 128 units.
The second part of this amendment proposes to incorporate the southern part of Tract C
on the "Salisbury Tract" (south of the proposed Route 288 Frontage Road) into the
boundaries of Tract A. Again, the uses permitted in Tract A include various industrial and
commercial uses. That part of Tracts A and B located on the "Salisbury Tract" would
continue to be subject to the original conditions of zoning which include, at a minimum,
a requirement to submit a schematic plan on entire tracts (i.e., that portion of Tracts A and
B encompassed by both the "Salisbury" and "Batte' Tracts as shown on the approved
Master Plan).
As noted, Tract A, as reconfigured, and Tract C will continue to be subject to the original
conditions of zoning.
Tract F, as shown on the amended Master Plan (Exhibit A), is proposed to be developed
as a multi-family project with a maximum of 320 units. The proffered conditions address
setbacks, landscaping, buffers, fencing, recreational facilities, site lighting, access,
sidewalks and other specific design features not required by the existing conditions of
zoning for Tract F. Rather, under the current zoning, development standards for Tract
F would be addressed through the schematic plan review process. Many of the proffered
conditions were developed by the applicant in an attempt to address specific concerns of
area residents. (Proffered Conditions 1 through 20)
The applicant has agreed to notify the civic associations of Salisbury and Michaux Creek
Subdivisions of site plan submission for Tract F (Proffered Condition 20). It should be
noted that the representatives required to be notified will be those on file with the Planning
Department for those subdivisions. Therefore, it is important that those neighborhoods
keep the Planning Department abreast of the representatives of the Associations.
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Except where modified herein, development for multi-family units would be required to
conform to the Multi-family Residential (R-MF) standards, as well as conditions approved
for Case 87S064.
Architectural Treatment - Tract F:
Proffered Condition 4 addresses the architectural treatment for Tract F. Generally, the
treatment must be similar to the attached elevations with special considerations to brick
treatment.
Proffered Condition 4 also requires that the owner maintain the buildings and grounds to
insure a "quality" appearance. Enforcement of this condition may be somewhat difficult
especially since the term "quality" is not defmed.
Unit Sizes - Tract F:
As noted, this amendment would allow the size of multi-family dwelling units to be
reduced from 900 to 740 square feet of floor area for a maximum of 128 units. Staff has
researched the sizes of units in various multi-family complexes in the County. The results
of that research are as follows:
15 99SNO229 /WP/ APR28N
UNIT SIZE COMPARISON FOR MULTI-FAMILY PROJECTS
1 - Bedroom 2 - Bedroom 3 - Bedroom
Square Feet Square Feet Square Feet
Avalon @ Boulders 880 1,170 - 1,241 1,430
Cross Creek 640 866 1,050
Hunter's Chase 650 - 747 840 1,100
Rockwood Park 655 885 - 967 1,050
Summit Waterford 765 - 905 935 - 985 & 1,058 - 1,303
1,124
The Timbers 756 - 906 992 - 1,150 N/A
Trophy Club 718 - 792 971, 1,014, 1,052 & N/A
1,137
Arbor Lake 643 880 1,025
Ashton Creek 710, 744 & 790 940, 974 & 1,020 1,128, 1,162 &
1,208
Waterside 656 & 816 949 1,113
Old Buckingham 826 - 902 1,002 - 1,100 1,339 - 1,359
Station
CONCLUSIONS
At the time of the original zoning, numerous conditions were negotiated between the applicant and
area property owners. Should the Commission and Board wish to approve these amendments
following public input, imposition of the conditions and acceptance of the amendment to the
Textual Statement and proffered conditions would be appropriate.
CASE HISTORY
Planning Commission Meeting (3/16/99):
The Commission deferred this case to their April 20, 1999, meeting.
16
99SN0229/WP/APR28N
Staff (3/17/99):
The applicam was advised in writing that any significam new or revised information
should be submitted no later than March 22, 1999, for comideration at the Commission's
April 20, 1999, public hearing.
Applicant (3/26/99):
Revised proffered conditions were submitted.
Area Residents, Staff and the Midlothian District Commissioner (3/30/99):
A meeting was held to review the revised proffers.
Applicant (4/6/99):
Revised proffered conditions were submitted.
Planning Commission Meeting (4/20/99):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Shewmake, seconded by Mr. Gulley, the Commission recommended
approval of this request subject to the conditions on pages 2 and 3 and acceptance of the
proffered conditions on pages 3 through 9.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, April 28, 1999, beginning at 7:00 p.m., will take
under consideration this request.
17 99SN0229/WP/APR28N
TEXTUAL STATEMENT
AMENDMENT TO CASE NO. 87S064
MARCH 8, 1999
The applicant requests an amendment to the following conditions of Case No. 87S064 as they relate to
the subject property.
Amend Condition 1 to read as follows:
The following conditions notwithstanding, the plan prepared by Charles C. Townes and
Associates, P.C., dated March 8, 1999, titled Plan Exhibit A and the Textual Statement dated
March 8, 1999 shall be considered the master plan for the request property onIy.
(Note: This condition supersedes Condition 1 of Case 87S064 for the request property only.)
'Condition 22 of Case 87S064 shall not apply to Tract F as identified on the master plan.
(Note: This condition modifies Condition 22 of Case 87S064.)
OPTIONS:
(a) Option I: (i) At least One large, deciduous tree for each fifty (50) lineal feet
and at least one evergreen tree for each thirty (30) lineal feet; (ii) at least one
small deciduous tree for each fifty (50) lineal feet; (iii) at least one medium
shrub for each fit~een (15) lineal feet; and (iv) low shrubs and ground cover
reasonably dispersed throughout.
(b) Option II: (i) a minimum three-foot high undulating berm; (ii) at least one
small deciduous tree for each fit~y (50) lineal feet and at least one evergreen tree
for each fii~y (50) lineal feet; (iii) at least one medium shrub for each twenty
(20) lineal feet; and (iv) low shrubs and ground cover reasonably dispersed
throughout.
Bo
Landscape plantings shah be provided around buildings. The landscape
plan shall be approved by the [Architectural Review
Committee]{Plannin g Department} as defined by Proffered Condition
4.(a). No clear certificate of occupancy shall be issued for a multifamily
dwelling unit until the Planning Department has [received written
notice that at least a simple majority of the Architectural Review
Committee has approved the landscape plan and evidence that the
landscape plan was given to the Architectural Review Committee by
certified mail, return receipt requested (or other means by which a
receipt for the package can be obtained) at least ten (10) days prior to the
issuance ora clear certificate of occupancy.]{approved the landscape plan}
For each respective building, landscaping as shown on the approved plan
shall be bonded or installed prior to issuance of a clear certificate of
occupanq for such building.
DEFINITIONS:
(a) Small deciduous trees shall be of a species having an average minimum mature crown
spread of greater than twelve (12) feet. At the time of planting, a minimum caliper of at least
one and one-half(l ½) inches shall be required.
(b) Large deciduous trees shall be of a species having an average minimum mature crown
spread of greater than thirty (30) feet. At the time of planting, a minimum caliper of at least
two and one-half(2 ½) inches shall be required.
(c) Evergreen trees shall have a minimum height of five (5) feet at the time of planting.
(d) Medium shrubs shall have a minimum height of two (2) feet at the time of planting.
At the option of the owner/developer, additional landscaping may be added.
If the owner/developer elects to install a security type fence within the I00 foot setback
referred in Proffered Condition 2, the exact location and treatment of the fence shall be
approved by the Planning Department.
4. Architectural Review.
Architectural Review Committee. An "Architectural Review Committee" shall
be established prior to the first site plan approval. The Architectural Review
Committee shall consist of five (5) members, one (1) of which shall be a
representative of the Salisbury community and one (1) of which shall be a
representative of the Michaux Creek community. Any appointment to the
Architectural Review Committee shall be effective ten (10) days at, er written
notice of the appointment, together with the name and address of the appointee,
is provided to the Planning Department by the owner/developer of the subject
property. Notices shall be deemed given to the members of the Architectural
Review Committee at the appointee's address (i) two (2) days after such notice
is sent by certified mail, return receipt requested or (ii) upon delivery by other
means by which a receipt for the package can be obtained. The approval of at
least three (3) of the members of the Committee shall be required to take any
action. Any three (3) members of the Committee may call meetings of the
Committee provided that at least ten (10) days prior written notice of the time
and place of the meeting is given to the other members of the Committee. Three
members in attendance at a properly called meeting shall constitute a quorum.
Following a determination of the issues to be addressed by the Architectural
Review Committee as provided in these conditions, the Committee shall be
dissolved.
(b).
Multi-Family Dwelling Unit Building Architecture. The architectural elements
(e.g., pitched roofs, horizontal siding and front elevation brick accents) of the
multi-family dwelling unit buildings constructed on the sub~ject property shall be
similar to the architectural elements shown on the elevations dated March 8.
1999, prepared by Cline-Davis Architects, attached hereto as Exhibit B and
Exhibit C, as determined by [at least a simple majority vote of the members of
the Architectural Review Committee] {the Planning Department}. The color of
the brick shall be a shade of red as may be approved by [at least a simple
majority of the members of the Architectural Review Committee]{the Planning
Department}. No building permit shall be issued for a multi-family dwelling
unit building until the Planning Department has [received written notice that at
least a simple majority of the Architectural Review Committee has approved
drawings of the elevations of the building and evidence that such drawings were
given by the owner or developer to the Architectural Review Committee by
certified mail, return receipt requested (or other means by which a receipt for the
package can be obtained) at least ten (10) days prior to the issuance of the
building permit] { approved drawings of the building elevations. }.
Clubhouse Architecture. The architectural elements, b~chtding color and
materials, of any clubhouse shall be compatible with the architectural elements
o
of the multi-family unit buildings as determined by [at least a simple majority
vote of the members of the Architectural Review Committee]{the Planning
Department }. No building permit shall be issued for any clubhouse building
until the Planning Department has [received written notice that at least a simple
majority of the Architectural Review Committee has approved drawings of the
elevations of the clubhouse and evidence that such drawings were given by the
owner or developer to the Architectural Review Committee by certified mail,
return receipt requested (or other means by which a receipt for the package can
be obtained) at least ten (10) days prior to the issuance of the building
permit.] { approved the drawings of the elevations. }
Use of Brick. The exposed portion of all exterior front wall surfaces of each multi-
family dwelling unit building located on the subject property (excluding breezeways
and similar common area passageways) and the exposed portion of the exterior wall
surface of any multi-family dwelling unit building located north of Line A shown on the
Plan and generally facing the northern property line of the subject property or Michaux
Creek, Section D shall incorporate brick accents, including the lower portions of the
four comers of each building.
Maintenance. The owner shall maintain the buildings/grounds to insure a quality
appearance.
Water Feature. A pond will be located generally as shown on the Plan. The pond shall
include a fountain if permitted by applicable governmental regulations. The pond shall
be designed as a wet pond and shall incorporate landscaping around its perimeter.
Unless otherwise desired by the owner or developer of the subject property, (a) the size
of the pond shall not be greater than that required to satisfy the storm-water retention
capacity for which the pond is designed by the owner or developer, and (b) the
landscaping
Condition 3
measured at
determining
referred to above shall consist of the landscaping described in Pro_ffered
above (either Option I or Option II). The circumference of the pond
its designed normal water surface level shall be the length of the pond for
the amount of landscaping required.
Open Area. Unless otherwise required by governmental agencies having jurisdiction
over the subject property, (a) there shall be no signs, buildings, driveways or parking
areas north of the fight-of-way line of Proposed N. Otterdale Road in the location
shown on the Plan, and (b) there shall be no signs (except traffic control signs and
directional signs), buildings or parking areas within the area north of the proposed pond
identified as "View Protection Area" on the Plan.
N. Otterdale Road Landscaping. Berming and landscaping so as to minimize the view
of buildings, driveways and parking areas, shall be provided north of the northern right
of way line of Proposed N. Otterdale Road as shown on the Plan subject to
govemmental regulations. The owner/developer shall not motlif}~ the location of N.
Otterdale Road as shown on the Plan when requesting site plan approval unless
required b? a governmental agency. The foregoing berming and landscaping shall be
provided in conjunction with the first phase of development. The exact treatment of the
10.
.11.
12.
13.
14.
berming and landscaping shall be approved by the Planning Department at the time of
site plan review, provided that such landscaping and berming shall not exceed the
following standard unless otherwise requested by the owner or developer and approved
by the Planning Department: (i) a maximum three-foot high Undulating berm; (ii) at
least one small deciduous tree for each fifty (50) lineal feet and at least one evergreen
tree for each fifty (50) lineal feet; (iii) at least one medium shrub for each twenty (20)
lineal feet; and (iv) Iow shrubs and ground cover reasonably d:'spersed throughout.
Central Trash Facility. Except for dumpsters and garbage cans serving construction, no
dumpsters or garbage cans shall be permitted outside of buildings, except for trash
· receptacles placed in common areas and recreational areas for the use and convenience
of persons using such areas. All trash disposal from multi-family dwelling units shall
be by way of a central trash compacting facility which shall be located south of Line A
shown on the Plan.
Recreational Facilities. An area or areas located within the development shall be
providedfor resident recreation. These area(s) shall inchtde as a minimum a
swimming pool and a chtbhouse. The chtbho,se rna~, be shared for use as a
lea.~ing/business o_ffice with a maximum of 75 per cent of the chtbho,se gross floor area
used_for the [easing/bttsinessportion. Any tennis courts shall be located south of Line
A and west of Line B as shown on the Plan. With the exception of swimming pools, a
clubhouse and customary accessory uses to a pool and clubhouse (including, by way of
example and not limitation, hot tubs, shuffleboard courts, etc.), all exterior recreational
facilities shall be located at least two hundred (200) feet from the western boundary line
of Michaux Creek, Section D.
(Note: This condition sttpercedes in its entire.t}, section 19-111 (i) of the Cheste_rIqeM
Cottn~_ Zoning Ordinance.)
Lighting. Exterior lighting shall be arranged and installed so that the direct or reflected
illumination does not exceed five-tenths (0.5) foot candle above background, measured
at the boundary lines of the subject property formed by the Michaux Creek, and the
western boundary line of Michaux Creek Section D. Except for tennis courts, flee-
standing light poles shall not exceed fit~een (15) feet measured from ground elevation to
fixture mounting height. Tennis court lighting shall not exceed twenty-five (25) feet to
fixture mounting height measured_from adjacent ground elevation.
RV and Boat Parking. An area shall be designed and provided for the parking and
storage of recreational vehicles and boats and such area shall be located south of Line A
shown on the Plan.
Unit Requirements. Living rooms and bedrooms of the dwelling units shall have ceiling
heights of approximately nine (9) feet, but in no event less than 8.5 feet, except to the
extent necessary to accommodate mechanical equipment, ductwork and similar
improvements, and design features (e.g., vaulted ceilings) or as may be required by a
governmental agency exercising jurisdiction over the project. Each multi-family
dwelling unit shall include hook-ups for clothes washers and dryers.
15.
Construction Access. Tract F shall be designed to provide an access at the service road
along the southern boundary of Tract F identified as "Proposed Rte 288 Frontage Road"
on the Plan if constructed and approved by the Virginia Department of
Transportation(VDOT) or, if, the "Proposed Rte 288 Frontage Road" is not constructed
h¥ VDOT a temporal, construction access shall be provided south qf the intersection of
N. Otterdale Road attd ~},Mrose Drive Heavy construction equipment shall utilize
such access to and from Tract F. Heavy construction vehicles shall be defined as any
commercial vehicle exceeding 4,000 pounds net weight and having more than two
axles.
16.
· Two permanent accesses shall be provided to Tract F. These accesses shall be limited
to a single "boulevard" entrance to/from proposed N. Otterdale Road north of the
intersection ofN. Otterdale Road and Michaux BluffDrive and a single entrance south
of the intersection ofN. Otterdale Road and Wyldrose Drive. Such accesses shall allow
for the full development and issuance &clear certificates of occupancy of all 320
dwelling units, leasing office and other accessory uses, buildings and structures within
Tract F. Until a permanent second access is provided, the construction access, as
de_fined itl Condition 15, shall be sul?~cient to satisfy_ the second entrattce reqttirement
]'or the purposes of life and s~_ e~ issues, however, in no event shall more thcm 296
certificates of occupancy(clear, temporal_ or otherwise)for dwelling units be issued_for
Tract F until the permanent second access is constructed In any case, the permanent
access south of the intersection ofN. Otterdale Road and Wyldrose Drive shall be
constructed within two years of the issuance of the first clear certificate of occupant.
_for Tract F.
(Note: This condition supercedes itl its entire~ section 19-111.(b) of the
CbesterjqeM Coun_t}, Zoning Ordinance.
17.
Phasing. No land disturbance shall commence on Tract F until Jamta~_ 1, 2000
Occupanc},permits(clear, temporal_ or otherwise) shall not be isstted on more than 96
dwelling units prior to Jamta~_ 1, 2001
18.
Sidewalks. Sidewalks shall be provided to facilitate pedestrian movements_from
buddings entrance(s) to the parking area(s) which serve the building(s) and along the
edge qf parking b~_ s located in front of the building(s). Further, a pedestrian all
weather trail s},stem shall be constructed to_facilitate pedestrian movements from
build#tgs to the recreation area(s).
(Note: This condition supercedes in its entire~ section 19-11 l.(f) of the ChesterjqeM
Cotm~ Zoning Ordinance.)
The Salisbury Corporation, Inc.
A Virginia Corporation
By:
Z~
SALISBURY
MICHAUX CREEK
I
I
I
II
II
N
E
AMEND
SH. 7
C.U.P.D.
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