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April 23, 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
RE VEST: 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 520 residential dwelling units (Textual Statement IV.A.3) and a
minimum of 400,000 square feet of commercial and office uses may be
developed. (Textual Statement IV.A.4)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION ON PAGE 2.
Providing a FIRST CHOICE community through excellence in public service
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land use complies with the recommendations of the
Eastern Midlothian Plan which suggests the property is appropriate for regional
mixed use to include a mixture of integrated office, shopping center and light
industrial uses where residential uses of high quality and upscale design that is
subsidiary to and integrated within mixed use projects maybe appropriate.
B. It should, however, be noted that the application fails to address the impacts on
capital facilities and a detailed discussion of those impacts is contained herein.
To reiterate, it has been determined that it is appropriate, if desired, to accept the
maximum cash proffer in this case; however, the Planning Commission and the
Board of Supervisors, through their consideration of this request, may determine
that there are unique circumstances relative to this request that may justify
deviation from the cash proffer policy. This project represents a significant
revitalization initiative in a key area of the County. Furthermore, the proposal
includes substantial upgrades to the existing conditions.
f'(1NnTTT(1N
The Textual Statement dated March 13, 2008, shall be considered the Master Plan. (P)
GENERAL INFORMATION
Location:
Southwest quadrant of Midlothian Turnpike and Chippenham Parkway, also north line of
Cloverleaf Drive and the northern terminus of Starview Lane. Tax IDs 764-705-3864,
6668 and 8227; 764-706-3159-00001 and 00002 and 8861-00001 and 00002; 764-707-
6112-00001 and 00002; 765-704-2693; 765-705-4651, 5781, 7651 and 7962; 765-706-
1010-00001 and 00002, 4170, 6964, 8068 and 8842; and 765-707-6600.
Existing Zoning:
R-7, C-2, C-3, C-4 and C-5
Size:
83.0 acres
Existing Land Use:
Commercial or vacant
2 07SN0333-APR23-BOS-RPT
Adjacent Zoning and Land Use:
North - C-3; Commercial or vacant
South - C-4, 0-2 and R-7; Commercial, office, residential or vacant
East - C-5 and R-7; Residential, vacant, Chippenham Parkway (Route 150) and the
City of Richmond
West - C-5, A and R-7; Commercial, residential or vacant
T TTTT ,TTTF,C
Public Water System:
The public water system is available to serve this site. There is an existing twelve (12)
inch water line extending from north to south along the western side of the request site
from an existing twelve (12) inch water line on the north side of Midlothian Turnpike,
and connecting to a twelve (12) inch water line in Cloverleaf Drive. Use of the public
water system is proposed. (Textual Statement IV.A.7)
Public Wastewater S,, sue:
The public wastewater system is available to serve this site. There is an existing twelve (12)
inch wastewater trunk line extending from the north side of Midlothian Turnpike and
continuing along the western side of the request site. Use of the public wastewater system is
proposed. (Textual Statement IV.A.7)
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains in two (2) directions. The majority of the currently
developed property and the undeveloped property drains to the south under Cloverleaf
Drive and Starview Lane to the ponds at Cloverleaf Lake Apartments and then under
Chippenham Parkway. A small portion of the developed property drains to the east,
directly under Chippenham Parkway.
There are currently no on-site drainage or erosion problems and none are anticipated after
development. There are no known off site erosion problems; however, Cloverleaf Lake
Apartments have, since the mid 1970s, experienced flooding of several of the units within
at least one of the buildings. With this re-development, an opportunity exists to re-direct
some of the runoff from existing impervious areas away from Cloverleaf Lake
Apartments, thereby, reducing the impacts of current flooding of the apartments (Textual
Statement IV.A.16). However, due to the larger upstream drainage area, this will not
eliminate the flooding of Cloverleaf Lake Apartments. Small areas in the southern and
eastern portions of the request property are currently wooded and, as such, should not be
timbered without obtaining a land disturbance permit from the Department of
3 07SN0333-APR23-BOS-RPT
Environmental Engineering and the appropriate devices installed. (Textual Statement
IV.A.17)
Water Quality:
With re-development, the Chesapeake Bay Ordinance will require a reduction in
phosphorous runoff.
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, and further
detailed by specific departments in the applicable sections of this analysis.
Fire ~ervice~
The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls
are expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6)
new fire/rescue stations are recommended for construction by 2022 in the Plan. In
addition to the six (6) new stations, the Plan also recommends the expansion of five (5)
existing stations.
Based on 520 dwelling units, this request will generate approximately 178 calls for fire
and emergency medical service each year. The impact of this development on Fire and
EMS services is addressed in the "Fiscal Impact" section of this analysis.
The Buford Fire Station, Company 9, and Forest View Volunteer Rescue Squad currently
provide 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 276 (Elementary: 120, Middle: 68, High: 88) students will be generated
by this development. Currently, this site lies in the Davis Elementary School attendance
zone: capacity - 664, enrollment - 654; Providence Middle School zone: capacity -
1,089, enrollment - 888; and James River High School zone: capacity - 2,071, enrollment
- 2,001. The enrollment is based on October 1, 2007 and the capacity is as of 2006-2007.
This request will have an impact at the elementary and high school levels. There are
currently two (2) trailers at Davis Elementary and three (3) at Providence Middle. This
case, combined with other residential developments and zoning cases in the area, will
continue to push these schools to capacity, necessitating some form of relief in the future.
The impact of this development on school facilities is addressed in the "Fiscal Impact"
section of this analysis.
4 07SN0333-APR23-BOS-RPT
T,ihraries:
Consistent with the Board of Supervisors' policy, the impact of development on library
services is assessed county-wide. Based on projected population growth, the Public
Facilities Plan identifies a need for additional library space throughout the County.
Development of the request property could affect the existing Bon Air Library or the La
Prade Library. The impact of this development on library facilities is addressed in this
"Fiscal Impact" section of this analysis.
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) regional, seven (7) community
and twenty-nine (29) neighborhood parks by 2020. In addition, there is currently a
shortage of community and neighborhood park acreage in the county. The Public
Facilities Plan identifies a need for 354 acres of regional park space, 252 acres of
community park space and 199 acres of neighborhood park space by 2020. The Plan also
identifies the need for linear parks and resource based-special purpose parks (historical,
cultural and environmental) and makes suggestions for their locations. The Plan also
addresses the need for additional recreational facilities to include sports fields, trails,
playgrounds, court games, senior centers and picnicking area/shelters at existing parks to
complete build-out. Co-location with middle and elementary schools is desired. The
Plan also identifies the need for water access to James and Appomattox Rivers and their
major tributaries, Swift and Falling Creeks. The impact of this development on park
facilities is addressed in the "Fiscal Impact" section of this analysis.
Police Department:
A portion of this project will be occupied by high density residential uses. With the
support of the County Administration, the Police Department seeks to have developers of
new high density residential projects implement its recommendations for Crime
Prevention Through Environmental Design (OPTED) which are planning and designing
principles that constitute proactive crime prevention tools. Through OPTED principles,
proper design and effective use of the environment can lead to a reduction in the fear and
incidence of crime. In addition, the Police Department recommends that high density
residential projects either enter into a contract for the permanent presence of a police
officer on the premises or annually submit a security plan to the Police Department for
review and approval. The Police Department's security concerns have been addressed.
(Textual Statement IV.A.15)
Transportation:
The property (83 acres) lies within Eastern Area Plan. One of the Plan goals is to
"Ensure Eastern Midlothian functions as an economic center for the region" by
encouraging investment in the area for new business development and redevelopment.
Additionally, in the "Purchase and Sale Agreement" for the property, the county has
agreed that the purchaser may reject conditions or proffers to the approved zoning that
5 07SN0333-APR23-BOS-RPT
render the project financially infeasible, such as: 1) payment of any impact fees or fees
of a similar nature; and 2) payment for all or any portion of off site improvements, or
offsite road reconfiguration or widening. Therefore, Staff has reviewed this rezoning
request from the same perspective as zoning requests within the Jefferson Davis
Enterprise Zone (i.e., to aid in redevelopment of the area, Staff has not evaluated the
specific traffic impact of this proposed development and the developers have not been
requested to provided customary infrastructure improvements or limit the density to
achieve an acceptable Level of Service). This request also does not address the traffic
impact of this proposed residential development in accordance with the Board of
Supervisors' Cash Proffer Policy.
Most of the property is currently zoned for commercial uses with very few zoning
conditions that would limit/restrict development of the property. The applicant is
requesting rezoning to General Business (C-5) with a Conditional Use to permit
multifamily and townhouse uses. The Textual Statement includes a maximum density
condition that will limit development to 450,000 square feet of shopping center,
224,000 square feet of general office, 350 apartments, 100 townhouses, and 70 single-
family units, or equivalent traffic generation (Textual Statement IV.A.S). However,
Item IV.A.S would allow the Planning Commission to approve a higher density of
development. Based on the maximum density outlined in this condition, development
could generate approximately 24,200 average daily trips (approximately 1,030 of these
trips will occur in the morning peak hour and approximately 2,370 trips will occur in
the evening peak hour).
Most of these vehicles will be initially distributed along Midlothian Turnpike (Route
60). Based on the most recent data from the Virginia Department of Transportation
(VDOT), the section of Route 60 from Chippenham Parkway to Providence Road was
carrying 59,295 vehicles per day (VPD) in 2006. The capacity of this six and eight lane
divided section of Route 60 is acceptable (Level of Service D) for the volume of traffic
it carries. As development continues in this area, traffic volumes on area roads will
substantially increase. No road improvement projects in this part of the county are
included in the Six-Year Improvement Plan.
The proposed development will have similar traffic impacts as the current development
on the property (Cloverleaf Mall), when it was fully functional. The Mall, which was
initially constructed in 1972, contains approximately 787,000 square feet. Based on
shopping center trip rates, the Mall, when fully functional, was generating
approximately 26,000 VPD. When this volume of traffic was being distributed along
area roads, Route 60 was very congested. Since then, Route 60 has experienced an
increase in traffic volume. Based on the anticipated traffic volumes that will be
generated by the proposed development (24,500 VPD), Route 60 in this area will
probably become as least as congested as before.
The applicant intends to redevelop the property with the same vehicular access as the
existing development (Cloverleaf Mall). The Textual Statement includes a condition
that will limit direct vehicular access from the property to Route 60 to the three (3)
6 07SN0333-APR23-BOS-RPT
existing access locations and to Cloverleaf Drive to the one (1) existing access.
(Textual Statement IV.A.9)
Staff routinely recommends that all of the main streets in residential developments be
accepted into the State Highway System. Having these streets accepted into the State
Highway System will insure their long-term maintenance. The Textual Statement does
include a condition that all of the streets that will 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. (Textual Statement IV.A.B)
The Virginia Department of Transportation's (VDOT) "Chapter 527" regulations, dealing
with development Traffic Impact Study (TIA) requirements, has recently been enacted.
Staff has been meeting with VDOT to attempt to understand the process and the impact
of the regulations. For redevelopment, the regulation states "trips currently generated by
existing development that will be removed may be deducted from the total site trips that
are generated by the proposed land use". VDOT has indicated that a "Chapter 527" TIA
may not be required, but a "non-Chapter 527" TIA may be required in order to determine
the impacts generated by the site. At this time, it is uncertain what impact VDOT's
regulations will have on the development process or upon zonings approved by the
county.
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 520 1.00
Population Increase 1414.40 2.72
Number of New Students
Elementary 121.16 0.23
Middle 67.60 0.13
High 87.88 0.17
TOTAL 276.64 0.53
Net Cost for Schools $2,780,960 $5,348
Net Cost for Parks 314,080 604
Net Cost for Libraries 181,480 349
Net Cost for Fire Stations 210,600 405
Average Net Cost for Roads 4,649,840 8,942
TOTAL NET COST $8,136,960 $15,648
Based on the textual statement (Textual Statement IV.A.3.). The actual number of dwelling
units and corresponding impact may vary.
7 07SN0333-APR23-BOS-RPT
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 developer 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. No proffered conditions have been offered that address the development's impact
on capital facilities.
This proposal represents a joint effort between the private and public sector for redevelopment of
a key gateway to the County. The real estate assessments on the subject property, and
corresponding revenues, have declined significantly over time and the proposed project is
designed to reverse that trend with new investments. The County has initiated this zoning
request, recognizing the importance of revitalizing a distressed area.
The Economic Development Authority (EDA) of the County and the County have entered into
an agreement with a developer for the purchase of the mall property. Terms of the agreement
stipulate that the EDA and the County agree that the developer may rej ect conditions or proffers
that require the developer to pay any impact fees or fees of a similar nature that reasonably
render the project financially infeasible. The developer has advised county staff that payment of
cash proffers would render the project financially infeasible. Staff believes that payment of cash
proffers on this project negatively impacts the financial feasibility of the project but cannot
conclude with absolute certainty that any level of cash proffer payments would render the
project, financially infeasible.
Note that circumstances relevant to this case, as presented by the developer, have been reviewed
and it has been determined that it is appropriate, if desired, to accept the maximum cash proffer
in this case. The Planning Commission and the Board of Supervisors, through their consideration
of this request, may determine that there are unique circumstances relative to this request that
may justify acceptance of proffers as offered for this case. This project represents a significant
revitalization initiative in a key area of the county. Furthermore, the proposal includes substantial
upgrades to the existing conditions.
OFFICE OF REVITALIZATION
In 2004, the Chesterfield County Board of Supervisors purchased the Cloverleaf Mall and
surrounding lands in order to redevelop this key site and revitalize the Eastern Midlothian
Corridor and surrounding residential areas. The County strategy is to spur additional investment
and improvement in the surrounding area and overturn recent blighting forces.
This County decision was based on advice from national and local real estate experts. Howard
Kohn, a national retail expert, was hired to conduct a market analysis for the site and recommend
a strategy for the local government. In addition, a group of the best development experts in the
Richmond region were brought together through the Richmond District of the Urban Land
Institute (ULI) to advise the County.
Both groups determined that the future of the site was no longer as a shopping mall and that the
County government must play a lead role in the redevelopment of the site. The private sector
could not do it alone. The ULI Report stated:
8 07SN0333-APR23-BOS-RPT
"Chesterfield County should be an active participant in the redevelopment of the study
area instead of acting in its traditional capacity as the approving agency. The County
should limit its risk to the public areas, supporting infrastructure, and demolition expense
and property ownership."
After working with a previous developer during 2005, Chesterfield County signed an agreement
with Crosland Inc, headquartered in Charlotte, NC, to redevelop the Cloverleaf Mall.
Particularly attractive to county officials was Crosland's ability to handle all aspects of mixed-
and multi-use development within its company through its retail, land development, office,
apartments and contracting divisions and the quality of their development projects.
On January 24, 2007, the Chesterfield County Board of Supervisors approved a purchase and
sale agreement with Crosland LLC subject to several sales contingencies including rezoning of
the property and public financial support.
The county's purchase and redevelopment of the Cloverleaf Mall site is part of a broader strategy
to revitalize the Eastern Midlothian Turnpike Corridor and nearby neighborhoods. The county
strategy is to create an attractive, economically successful, mixed use, redevelopment project at
the Cloverleaf Mall site. The size and location of this proj ect is of such significance to encourage
business and residential investment and improvement in surrounding properties.
T , ANn T IMF.
Comprehensive Plan:
Lies within the boundaries of the Eastern Midlothian Plan which suggests the property is
appropriate for regional mixed use to include a mixture of integrated office, shopping
center and light industrial parks. Further, the Plan states that where appropriate,
community scale mixed uses, such as shopping centers, other commercial uses or offices,
may be appropriate. The Plan suggests that should it be determined that residential uses
may be appropriate, such uses should be of high quality and upscale design and
subsidiary to, and integrated within, office, commercial or light industrial projects.
The Plan recognizes the strategic regional location and importance of the Eastern
Midlothian Corridor to Chesterfield County and recommends that a balance of land uses
be provided to promote healthy neighborhoods and employment growth. While the Plan
encourages continued efforts for business growth and suggests regional retail and
employment opportunities for properties in proximity to Chippenham Parkway, the Plan
identifies challenges for the area noting that market trends may diminish
commercial/retail uses as the dominant land use. Specifically, the Plan suggests that a
shift in demand for goods and services would likely impact retail space allocations in the
area and that Cloverleaf Mall may be impacted by these changes or increased competition
from outside of the area.
9 07SN0333-APR23-BOS-RPT
The vision of the Plan is a sustainable community with stable, healthy businesses and
residential neighborhoods. Goals of the Plan include the creation of an inviting
atmosphere where people want to work, play, shop and live; strengthen neighborhoods
and communities by increasing home ownerships, promoting a balance of housing types
and providing services and facilities to support neighborhoods; and to ensure that the
Corridor functions as an economic center for the region.
Major concerns during the Plan's development included the existence of a high
percentage of non-owner occupied residential units in the geography. The Plan attempts
to discourage further residential development in areas designated for community and
regional mixed use and to reserve these areas for future economic development
opportunities. The Plan does acknowledge retail demand changes in the Corridor, but
suggests that other economic development opportunities such as office and light
industrial uses are opportunities that should be available for future development. The
Plan even suggests that more intense non-residential uses may be appropriate in these
areas if their impacts on surrounding uses as well as special design criteria are addressed.
Area Development Trends:
Development along this portion of Midlothian Turnpike is characterized by commercial
zoning and land uses. A few properties to the south, east and west are occupied by
residential uses or are vacant. The area, to include the subject property, has experienced
a decline in retail demand and property values and as a result has experienced an overall
decline and high vacancy rates.
Hl~:
Cloverleaf Mall opened on a portion of the request property in 1972 with nearly 700,000
square feet of retail space and offering a wide variety of retail tenants. In February,1986,
and May, 1999, the Board of Supervisors approved rezoning (Cases 865021 and
91 SNO 141) of additional land for parking and a cinema adjacent to the mall. In June,
1998, a Substantial Accord approval was granted for a Chesterfield County Community
Policing office.
In 2004, the Board of Supervisors initiated the County's purchase of the Mall and
surrounding parcels as an active public redevelopment project. The County has obtained
a development partner, Crosland, to undertake the redevelopment of the subject property.
This effort is further described in the "Revitalization" section of this analysis.
Site Design:
The eighty-three (83) acre request property is proposed for Regional Business (C-4)
zoning with Conditional Use to permit multi-family and townhouse uses plus Conditional
Use Planned Development to permit exceptions to Ordinance requirements. A mixed use
project consisting of commercial, office and residential uses is planned. A variety of
residential uses are proposed including multi-family condominium and non-condominium
10 07SN0333-APR23-BOS-RPT
uses and attached and detached single family residential units on a variety of lot sizes.
The development will have design features which include pedestrian access, street trees,
open spaces, decorative lighting, buildings and parking areas located close to roadways
and recreational areas. While it appears the intent is to develop a new urbanism type
development, the Textual Statement fails to insure such a design by offering conditions
typically approved on other new urbanism type developments, however, the revised
Textual Statement prohibits the non-residential development from being designed as a
typical suburban "linear" shopping center with all commercial uses facing towards
Midlothian Turnpike and now requires development of a "Main Street" around the open
space within the commercial area. The Condition requires the Main Street to be installed
or bonded for prior to the issuance of a certificate of occupancy with the Retail Mixed
Use Area (Textual Statement IV.A.13 and 20). Except for the buildings currently
occupied by Firestone and Bank of America, the demolition of the existing structures is
require .
A Zoning Plan prepared by design forum dated January 29, 2008 divides the property
into four (4) development tracts: Retail Mixed Use; Commercial Mixed Use; Office
Mixed Use; and Residential Mixed Use. Except for the Residential Mixed Use Area
which can only be expanded by three (3) acres, the boundaries and sizes of tracts may be
modified. (Textual Statement I). The mixing of uses within each Tract (for example,
single family and townhouse uses may be located adjacent to each other or single family
uses may be located adjacent to commercial uses) may be permitted upon consideration
of compatibility of uses and appropriate transitions and with the approval of a Conceptual
Plan (Textual Statement IV.A.2). The Conceptual Plan must be approved by the
Planning Commission and the plan may be appealed in accordance with the provisions
for site plan appeal.
Unless specifically regulated by the Textual Statement, the development of all Tracts
must comply with the requirements of the Zoning Ordinance for Post Development
Districts for Regional Business (C-4) uses. The purpose of the Post Development District
standards is to provide flexible design criteria that ensures continuity of development and
promotes renovation and improvement of developed areas. Such standards address
access, parking, landscaping, architectural treatment, setbacks, signs and screening.
Permitted Uses:
As previously noted, the development is separated in to four (4) development tracts or
use areas. Uses permitted within these areas and minimum development standards for
each use are outlined in the Textual Statement. Residential uses are prohibited and/or
deferred in the commercial tracts (Retail Mixed Use and Commercial Mixed Use) closest
to Midlothian Turnpike. In addition, residential development is deferred at the southwest
corner of the property (within the Office Mixed Use Tract) to provide an increased
opportunity to market the property for economic development. Details of the permitted
uses within each tract of the revised Zoning Plan and phasing of residential development
are discussed below:
11 07SN0333-APR23-BOS-RPT
Retail Mixed Use Area: This area consists of approximately thirty-seven (37) acres.
This area could be developed for commercial and office uses with over-shop housing.
(Textual Statement III.A.)
Commercial Mixed Use Area: This tract includes approximately eleven (11) acres. This
area could be developed for commercial and office uses with over-shop housing, as well
as for multi-family residential and townhouse uses. Other than over-shop housing,
residential use in this tract would not be permitted until certificates of occupancy have
been issued for at least 400,000 gross square feet of commercial and office uses within
the Property (Textual Statement IV.A.4.b). The Textual Statement precludes any more
than 50,000 square feet of assisted living uses (nursing, rest and convalescent homes or
group care facilities) from being counted towards this phasing component. (Textual
Statement IV.A.4.a)
Office Mixed Use Area: This area consists of approximately fourteen (14) acres and
could be developed for commercial and office uses with over-shop housing and for
townhouses, condominiums and single family dwellings which would only be permitted
after certificates of occupancy have been issued for a cumulative total of at least 400,000
gross square feet of commercial and office uses within the Property (same as required for
the Commercial Mixed Use Area) or until a period of five (5) years has elapsed from
approval of the zoning request (Textual Statement IV.A.4.c), which ever occurs first. In
this area, non-condominium multi-family residential uses would be permitted once
certificates of occupancy have been issued for at least 400,000 gross square feet of
commercial uses on the Property (Textual Statement IV.A.4.c). This is the same phasing
required for the other permitted residential uses in this tract, except the certificates of
occupancy as described are the only threshold by which to permit non-condominium
multi-family units in this tract.
Residential Mixed Use Area: This tract is approximately twenty (20) acres and, as
previously noted, may be expanded by a maximum of three (3) acres. (Textual Statement
I). Within this tract, multi-family, single family residential and townhouse uses would be
permitted. There is no change in the phasing component for residential uses within this
area. Once a building permit is issued for a minimum of 160,000 gross square feet of
commercial and office uses within the property, building permits may be issued for
residential uses within this area (Textual Statement IV.A.4.a). It is important to note that
this condition only requires release of the office or commercial building permit, and only
requires the construction or occupancy of a limited amount ofnon-residential uses before
all of the 520 dwelling units may be constructed. The condition does not obligate the
developer to construct office or commercial space prior to developing residential uses
within this tract.
House Sizes:
The Textual Statement establishes minimum dwelling sizes for the residential units.
(Textual Statement)
12 07SN0333-APR23-BOS-RPT
Phasing of Uses and Mix of Uses:
The Textual Statement addresses the amount of residential and commercial uses
to be planned, as well as the timing of construction of these uses for the entire
development. (Textual Statement IV.A.3 and 4)
In addition to the phasing of residential uses within each development tract as
previously discussed, a minimum of 400,000 gross square feet of commercial or
office use be lap nned for the property. The criteria does not require construction
of the 400,000 square feet, but does require that the conceptual plan provide for
that square footage and only permits residential uses within the Commercial and
Office Mixed Use areas when certificates of occupancy have been issued for
400,000 gross square feet of commercial uses on the property.
It is important to note that a minimum of 160,000 gross square feet of commercial
or office space must have obtained a building permit before any building permits
can be issued for a residential use except over-shop housing. The condition only
requires release of the office or commercial building permit before all of the 520
dwelling units maybe constructed.
Commercial Uses:
The Textual Statement requires a minimum of 400,000 gross square feet
of commercial or office uses be planned for the development and clarifies
that this 400,000 gross square feet of commercial and office uses will only
include a maximum of 50,000 gross square feet of assisted living use
(convalescent, nursing and rest homes and group care facilities) and that
the existing Firestone and Bank of America buildings will not count
towards the 400,000 gross square feet of commercial and office use.
(Textual Statement IV.A.4.a)
Residential Units:
A maximum of 520 residential units would be permitted. (Textual
Statement IV.A.3). In addition, the Textual Statement limits non-
condominium multi-family residential units which are not age-restricted or
located within the upper story of a commercial or office building to a
maximum of 350 units. (Textual Statement IV.E.2) This requirement is
intended to address concerns of the Plan with respect to the amount of
non-owner occupied units in the area. It should be noted that zoning does
not allow restrictions which require owner-occupied units, nor limit the
ability to rent individual dwelling units. It is also important to note that
there would be no limitation on the number of non-condominium, age
restricted units or the number of such units that are located on the upper
floors of commercial or office uses.
13 07SN0333-APR23-BOS-RPT
With the ability to age restrict residential units as well as above shop
housing, the number of potential multi-family units could approach the
total 520 dwelling unit limitations.
If age restricted units are to be developed, a standard should be included
that requires any housing units designed for occupancy by seniors to be
grouped together and identified on plans to better track the long term
enforcement of the occupancy restrictions.
Site Parking Requirements:
All Uses:
It is requested that on-street parking be allowed to count towards the required
number of parking spaces for all uses (Textual Statement IV.A.14). Given the
intended urban character of the development, Staff supports such exception.
Commercial and Office Uses:
Except for the provision of counting on-street parking as discussed above, parking
for these uses will be calculated based on Zoning Ordinance requirements.
Residential Uses:
The Ordinance requires the provision of two (2) off street parking spaces for each
dwelling unit. An exception is requested to permit parking within garages to be
credited towards this minimum requirement (Textual Statement IV.A.10). While
staff supports such exception since it reduces the amount of impervious area and
furthers the intended new urbanism theme. The developer and future owners
should be cautioned that it will not be possible in the future to convert garages
into living space.
As noted above, the Ordinance requires the provision of two (2) off street parking
spaces for each residential single family, multifamily and townhouse unit, except
age restricted multifamily dwellings which require a minimum of 1.2 parking
spaces for each such unit. Provision of 1.5 spaces for each multi-family unit
regardless of age-restriction is proposed. (Textual Statement IV.D.3 and IV.E.7).
With no data to substantiate reductions in these parking requirements for non-age
restricted units, staff does not support these exceptions.
Other Residential Standards:
The requirements offered for the project (such as setbacks for front loaded garages, street
trees and sidewalks on both sides of roads where uses front the streets) where exceptions
to Ordinance development standards (i.e. minimum setbacks and lot areas) are requested
are consistent with those typically required by the Planning Commission and Board of
14 07SN0333-APR23-BOS-RPT
Supervisors on similar residential projects recently approved (Textual Statement IV.A.I 1
and IV.B.9 and IV.A.13). The application does not address whether hardscaped
driveways and alleys will be provided which is a typical requirements in such proj ects.
For the townhouse units, front loaded garages may be two (2) feet closer to the street than
the front facade of a dwelling unit. This is not consistent with the Commission's policy
which requires that front loaded garages to be no closer to the street than the facade of the
dwelling unit.
Recreation Areas:
A minimum of 40,000 square feet of open space is proposed throughout the development
(Textual Statement IV.A.13). A minimum of 15,000 square feet is proposed within the
Retail and/or Commercial Mixed Use Areas for open green space and outdoor public
activities to be a visible central place designed as a "Main Street" with uses located
around the open area and oriented to face the area to serve as a focal point for the entire
development. Within the residential area, one-half of an acre (0.5) will be provided with
part of such area having benches or other amenities to accommodate and facilitate
gatherings. As previously noted, the "Main Street" must be installed or bonded prior to
the issuance of a certificate of occupancy within the Retail Mixed Use Area. (Textual
Statement IV.A.13 and 20)
Buildin~g_ht:
The maximum building height for the development would be twelve (12) stories.
(Textual Statement IV.A.6)
Landscaping, Sidewalks and Setbacks Along Midlothian Turnpike:
Landscaping and sidewalks are proposed along Midlothian Turnpike in accordance with
the Zoning Ordinance requirements for Landscaping H (Textual Statement IV.A.12). In
addition, with the exception of the existing Firestone and Bank of America buildings,
setbacks from Midlothian Turnpike shall be twenty-five (25) feet.
Architectural Conditions for Commercial, Office and Mixed Use Buildings:
Minimum standards for architectural treatments and permitted materials are required.
(Textual Statement IV.A.18)
Restrictive Covenants for Residential Uses:
Textual Statement IV.F. requires restrictive covenants be recorded which at a minimum
establish architectural guidelines and an architectural review committee for the multi-
family and townhome portion of the development. It is important to note that the County
will only ensure the recordation of the covenants and will not be responsible for their
enforcement. Once recorded, the covenants can be changed. The County will have one
15 07SN0333-APR23-BOS-RPT
representative appointed by the Board of Supervisors and one member of the
Revitalization Office on the Review Board. The proposed covenant does not address the
total number of Review Board members. The ability of governmental representatives to
influence final decisions is limited except that changes to the guidelines requires
unanimous support by the Review Board. The Architectural Guidelines require building
design style for multi-family and townhouse units to be similar to the style illustrated on
the attached drawings. (Attachments 2 and 3)
CONCLUSIONS
Given these changes, the Planning Department now recommends approval of the request. The
proposed zoning and land use complies with the recommendations of the Eastern Midlothian
Plan which suggests the property is appropriate for regional mixed use to include a mixture of
integrated office, shopping center and light industrial uses. In addition, the residential uses are
proposed of high quality and upscale design and subsidiary to, and integrated within, office,
commercial or light industrial projects, as suggested by the Plan.
It should, however, be noted that the application fails to address the impacts on capital facilities
and a detailed discussion of those impacts is contained in the "Request Analysis". To reiterate, it
has been determined that it is appropriate, if desired, to accept the maximum cash proffer in this
case, however, the Planning Commission and the Board of Supervisors, through their
consideration of this request, may determine that there are unique circumstances relative to this
request that may justify deviation from the cash proffer policy. This project represents a
significant revitalization initiative in a key area of the county. Furthermore, the proposal includes
substantial upgrades to the existing conditions.
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.
16 07SN0333-APR23-BOS-RPT
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.
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.
17 07SN0333-APR23-BOS-RPT
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.
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.
Staff (12/19/07)
The applicant's representative was advised in writing that any significant new or revised
information should be submitted no later than December 26, 2007, for consideration at
the Commission's February public meeting.
18 07SN0333-APR23-BOS-RPT
Board of Supervisors' Meeting (1/9/08):
On their own motion, the Board deferred this case to their February 23, 2008 public
hearing pending the Commission's recommendation.
Planning Commission Meeting (2/19/08):
The applicant's representative requested a deferral to the Commission's March 18, 2008
meeting.
There was opposition present to the deferral indicating continued delays may cause the
proposed developer to abandon the project and that the developer needs clear direction
from the Commission on how to address any remaining concerns.
At the request of the applicant's representative, the Commission deferred this case to
their March 18, 2008 public hearing.
Staff (2/20/08):
The applicant's representative was advised in writing that any significant new or revised
information should be submitted no later than February 25, 2008, for consideration at the
Commission's March 18, 2008 public meeting.
Board of Supervisors' Meeting (2/27/08):
On their own motion, the Board deferred this case to their April 23, 2008 public hearing.
Applicant's Representative (3/7/08 and 3/13/08):
Revisions to the application were submitted.
Planning Commission Meeting (3/18/08):
The applicant's representative accepted the recommendation. There was support for the
request present indicating that the development will offer significant revitalization to the
eastern Midlothian area and will provide housing options for area employees.
Mr. Waller stated the case would support economic development efforts in the area and
assist in revitalizing the eastern Midlothian corridor. He added he supports the waiver of
cash proffers to balance the economic benefits.
19 07SN0333-APR23-BOS-RPT
On motion of Mr. Waller, seconded by Mr. Gulley, the Commission recommended
approval subj ect to the Condition on page 2.
AYES: Messers. Gulley, Bass, Brown, Hassen and Waller.
The Board of Supervisors, on Wednesday, April 23, 2008, beginning at 6:30 p.m., will take
under consideration this request.
20 07SN0333-APR23-BOS-RPT
Chippenham Place Textual Statement
Revised March 13, 2008
All property subj ect 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. Specification of Areas within the Property
The Property is shown on the Chippenham Place Master Plan prepared by Designforum
dated February 29, 2008 ("Zoning Plan"), which delineates the general location of the
Retail Mixed Use Area, Commercial Mixed Use Area, Office Mixed Use Area, and the
Residential Mixed Use Area referred to in this Textual Statement. The boundaries among
these Areas may be adjusted, provided that they maintain the same general relationship
with each other and with adj acent properties and that the Residential Mixed Use Area
cannot be expanded by more than three (3) acres.
II. Definitions
As used in this Textual Statement, these terms shall be defined as follows:
A. "Over Shop Housing": multi-family housing in which the multi-family
units are located on upper stories above uses permitted in the Regional
Business (C-4) District, but not including multi-family uses located above
convalescent, nursing and rest homes or group care facilities.
B. "Senior Housing": Residential dwellings in any format that meet the
requirements of "housing for older persons" as defined in the Virginia Fair
Housing Law and in which residents under the age of 19 are prohibited.
III. Permitted Uses
A. Retail Mixed Use Area. Within the Retail 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; and
2) Over Shop Housing.
B. Commercial Mixed Use Area. Within the Commercial Mixed Use Area,
the following uses shall be permitted, subj ect to the requirements stated in
this Textual Statement:
1) Uses permitted in the Regional Business (C-4) District;
2) Over Shop Housing;
3) Multi-family (subject to phasing requirements in section
IV(A)(4)); and
4) Townhouses (subject to phasing requirements in section IV(A)(4)).
C. Office Mixed Use Area. Within the Office 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) Over Shop Housing;
3) Multi-family (subject to phasing requirements in section
IV(A)(4));
4) Townhouses (subj ect to phasing requirements in section IV(A)(4));
and
5) Single family detached dwellings (subject to phasing requirements
in section IV(A)(4)).
D. Residential Mixed Use Area. Within the Residential Mixed Use Area, the
following uses shall be permitted, subj ect to the requirements stated in this
Textual Statement:
1) Multi-family;
2) Townhouses and other uses permitted by right or with restrictions
in the R-TH Residential Townhouse District;
3) Single-family detached dwellings.
IV. Required Conditions
A. Conditions Applicable to Entire Property
1) Master Plan. The Zoning Plan and this Textual Statement shall be
considered the Master Plan.
2) Mixin 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.
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, 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 52o dwelling units.
2
4) Phasing.
(a) Retail Mixed Use Area, Commercial Mixed Use Area, and
Residential Mixed Use Area. A minimum of 400,000 gross
square feet of commercial or office uses shall be planned
for development within the Retail Mixed Use Area and the
Commercial Mixed Use Area as submitted and approved on
the required Conceptual Plan, exclusive of the existing
Firestone and Bank of America buildings, provided that no
more than 50,000 gross square feet of convalescent, nursing
and rest homes or group facilities may count toward such
400,000 square foot requirement ("50,000 Square Foot
Limitation"). Such development may be phased, provided
that, prior to issuance of a building permit for any
residential unit except Over Shop Housing, building
permits shall have been issued for a minimum of 160,000
gross square feet of commercial or office uses within the
Property.
(b) Commercial Mixed Use Area. Within the Commercial
Mixed Use Area, no multi-family or townhouse uses shall
be permitted until certificates of occupancy have been
issued for a cumulative total of at least 400,000 gross
square feet of commercial or office uses within the
Property, subject to the 50,000 Square Foot Limitation
stated in paragraph 4(a).
(c) Office Mixed Use Area. Within the Office Mixed Use
Area, the following uses shall be permitted only under the
conditions stated herein:
(i) Townhouses, Residential Condominiums (as
defined in paragraph IV(D), and single family
dwellings shall be prohibited until one of the
following conditions is met, whichever occurs first:
i. Certificates of occupancy have been issued
for a cumulative total of at least 400,000
gross square feet of commercial or office
uses within the Property, subject to the
50,000 Square Foot Limitation stated in
paragraph 4(a); or
11. A period of five (5) years commencing on
the date of approval of this rezoning has
elapsed.
(11) Multi-family (other than Residential
Condominiums) shall be prohibited until certificates
of occupancy have been issued for a cumulative
3
total of at least 400,000 gross square feet of
commercial or office uses within the Property,
subject to the 50,000 Square Foot Limitation stated
in paragraph 4(a).
Maximum Density. The maximum permissible density shall be
450,000 square feet of shopping center, 224,000 square feet of
general office, 350 non-condominium multi-family units,100
townhouses, and 70 single-family dwellings, or equivalent traffic
generation as determined by the Transportation Department. At the
election of the developer, higher densities maybe 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
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 § 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
ocation.
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) Parkin. 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
4
adjacent use 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, Sidewalks, and Setbacks Along Midlothian
Turn ike. Landscaping in accordance with the requirements for
Landscaping H under the Zoning Ordinance shall be provided
along Midlothian Turnpike, except that the spacing of trees shall
be 40 feet on center, and provided that an alternative landscaping
plan maybe used if requested by the Developer and approved by
the Planning Department provided such alternative meets the spirit
and intent of Landscape Standard H. A sidewalk shall be installed
running generally parallel to Midlothian Turnpike from the eastern
property line to the western property line and located within 300
feet of the ultimate right of way of Midlothian Turnpike. With the
exception of the existing Firestone and Bank of America buildings
and related facilities, setbacks from Midlothian Turnpike for
buildings, drives, and parking areas shall be twenty-five (25) feet.
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 a total of 15,000 square feet in a visible
central place within the Retail Mixed Use Area and/or the
Commercial Mixed Use Area, to serve as a focal point for
the entire development. The first floor uses located around
the perimeter of such open area shall predominantly be
non-residential uses and shall be oriented to face toward
such area. The development around the open area shall be
designed in anew-urbanist or neo-traditional design as a
"Main Street", having characteristics including: uses
fronting, and adjacent to, sidewalks having street trees;
pedestrian-scale street lights; benches and other pedestrian
features; on-street parking; and plazas and open spaces with
benches and fountain. The infrastructure for the "Main
Street" area, including open space, on-street parking,
sidewalks, street trees, and lighting shall be installed or
bonded prior to issuance of the initial certificate of
occupancy within the Retail Mixed Use Area; and
5
(b) Recreation area(s) with a minimum of 0.50 acres within the
Residential Mixed Use Area. Part of such residential
recreation area shall have benches or other amenities that
accommodate and facilitate gatherings.
14) On-Street Parkin. 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 (OPTED) standards, whenever practicable,
in the design of amulti-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 an approva .
16) Draina e. The developer will re-direct as much stormwater runoff
as practicable, as determined by the Environmental Engineering
Department, from the existing impervious area that drains to the
south.
17) Timberin .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
Buildin s. 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.
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.
6
20) Commercial Layout. The non-residential development shall not be
designed as a typical suburban "linear" shopping center with all
commercial uses facing towards Midlothian Turnpike.
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 ard. 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 ard. Two side yards, each with a minimum of 5 feet in width.
5) Corner side yard. Minimum of 10 feet.
6) Rear ard. 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. All single family detached dwellings shall have a
minimum of 1400 square feet of gross floor area.
9) Garages. Front loading garages shall be located no closer to the
street than the front facade 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.
7
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 ard. 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 ard. 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 ard. Minimum of 10 feet in depth.
7) Drivewa, s~parkin a.~ reas. 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 facade of the dwelling unit.
12) Minimum Size. All townhouse units shall have a minimum of
1,000 square feet of gross floor area.
D. Conditions for Residential Condominium Units
1) Condominium Requirements. All such units must comply with the
requirements of the Virginia Condominium Act.
8
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) Pam. 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 adj acent to a commercial or office use. Vertical
integration of commercial, office, and residential units shall be
permute .
2) Number ofNon-Condominium, Multi-family Units. The
maximum number ofnon-condominium, multi-family units located
on the Property shall be 350; provided that such total shall not
include Residential Condominiums, Over Shop Housing, or those
permitted as Senior Housing.
3) Limitation on Number of Bedrooms. A maximum of twenty (20)
of the non-condominium multi-family units may exceed two (2)
bedrooms.
4) Minimum Unit Sizes. Units shall have a minimum gross floor area
as follows:
(a) Studio : 5 5 0 square feet
(b) 1 Bedroom: 650 square feet
(c) 2 Bedroom: 800 square feet
(d) 3 Bedroom: 1050 square feet
5) Setbacks. Buildings shall be setback a minimum of five (5) feet
from rights of way.
6) Building Separation. Buildings shall be separated by a minimum
distance of fifteen (15) feet.
7) Parkin. The minimum number of off street parking spaces shall
be 1.5 spaces per dwelling.
9
8) Amenities. Prior to issuance of a certificate of occupancy for more
than fifty (50) multi-family units within the Residential Mixed Use
Area, the following recreational facilities shall be completed as
determined by the Planning Department:
(a) Clubhouse containing a minimum of 2,500 gross square
feet;
(b) Swimming pool containing at least 800 square feet.
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.
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.
10
Exhibit A
Architectural Guidelines
for Multi-Family and Townhouse Projects
These guidelines apply to condominium and non-condominium multi-family and
townhouse proj ects 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
rawings.
Building Materials: Masonry (brick or stone or similar materials), cementitious siding
(hardi siding), EFIS (not to exceed 20% of building materials) 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 maybe 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. Roof penetrations (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 (juliettes) shall be permitted.
11
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