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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
07SN0223
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July 30, 2008 BS
Matoaca and Midlothian Magisterial Districts
Watkins and Evergreen Elementary; Midlothian Middle and Midlothian High Schools
Attendance Zones
East and west lines of Old Hundred and Otterdale Roads
RE VEST: Rezoning from Agricultural (A) and Light Industrial (I-1) to Community Business
(C-3) of 211 acres with Conditional Use to permit multifamily and townhouse
uses and rezoning from Agricultural (A) and Light Industrial (I-1) to Residential
Townhouse (R-TH) of 1,183.9 acres plus Conditional Use Planned Development
to permit exceptions to Ordinance requirements on the entire 1,394.9 acre tract.
PROPOSED LAND USE:
A mix of residential, commercial, office and light industrial uses are planned with
a traditional neighborhood design. The applicant has agreed to limit residential
development to 5,140 principal dwelling units plus 400 secondary (carriage
house) dwelling units. A minimum of 500,000 gross square feet of non-
residential development has been proffered. (Proffered Condition 9)
(NOTES: A. SINCE THE COMMISSION'S CONSIDERATION OF THIS CASE,
THE PROFFERED CONDITIONS AND TEXTUAL STATEMENT
HAVE BEEN AMENDED. THOSE AMENDMENTS ARE SHOWN
WITH "STRIKES" AND "UNDERLINES" IN PROFFERS AND
ATTACHED TEXTUAL STATEMENT.
Providing a FIRST CHOICE community through excellence in public service
B. AMENDMENTS TO PROFFERED CONDITION 1 TO CORRECT
THE DATE OF THE TEXTUAL STATEMENT WERE RECEIVED
AFTER THE CASE APPEARED IN THE NEWPAPER. AS SUCH,
THE BOARD MUST UNANIMOUSLY AGREE TO SUSPEND
THEIR PROCEDURES TO CONSIDER THIS PROFFER.)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF PROFFERED CONDITIONS ON
PAGES 2 THROUGH 21.
AYES: Messrs. Gulley, Brown, Hassen and Waller.
NAY: Mr. Bass.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land uses conform to the Route 288 Corridor Plan
which suggests a mix of office and residential uses, regional employment center
and residential use of one (1) to two (2) dwelling units per acre and the Upper
Swift Creek Plan which suggests residential use of two (2) units per acre or less.
B. The proffered conditions mitigate the impact on capital facilities, consistent with
the Board of Supervisors' policy, thereby insuring adequate service levels are
maintained and protecting the health, safety and welfare of County citizens.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY
A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A
"CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION.)
PROFFERED CONDITIONS
The Owners and the Developer (the "Developer") in this zoning case, pursuant to § 15.2-2298 of
the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the development of the Property known
as Chesterfield County Tax Identification Number 707-700-7988; 708-702-1722;709-701-7328;
710-700-7596;710-703-3345; 711-699-3470; 711-700-1144; 711-701-5180; 712-699-7663; 713-
703-4194; 713-704-3412; 713-705-5709; 714-703-2188; 714-703-7259; 714-704-1729; 714-
705-5728; 716-701-4130; 718-697-4548; 718-697-6844; 718-699-7719; 719-697-8012; 719-698-
2822; 720-695-3288; 720-698-0178; 720-700-0007; 721-695-9061; 722-697-0512; 722-700-
4002; and 720-695-9506 (the "Property") under consideration will be developed according to the
following conditions if, and only if, the rezoning request for rezoning to R-TH and C-3, with a
2 07SN0223 JUL30-BOS-RPT
conditional use planned development and a conditional use, are granted. In the event the request
is denied or approved with conditions not agreed to by the Developer, the proffers and conditions
shall immediately be null and void and of no further force or effect. If the zoning is granted,
these proffers and conditions will supersede all proffers and conditions now existing on the
Property.
(STAFF/CPC) Exhibit C -Plan titled "Proffered Roads Network," (the "Roads
Network"), prepared by Roseland and last revised October 12, 2007.
(STAFF/CPC) Exhibit D -Plan titled "Access Plan" prepared by Timmons Group and
last revised October 15, 2007.
(STAFF) 1. Master Plan. The Textual Statement dated July 11, 2008
,shall be considered the Master Plan. A separate
conceptual development plan shall be submitted for each Tract
containing a mixture of residential and non-residential uses. The
conceptual development plan shall include those requirements of
the Zoning Ordinance for schematic plans and shall replace the
schematic plan process. In addition, the Planning Commission
may impose conditions regulating the location of uses, transition of
uses, compatibility of uses and additional guarantees to insure a
traditional development consistent with the suggestions of the
general conditions of the Textual Statement. If sufficient detail is
provided through this process, as determined by the Director of
Planning, individual conceptual development plans shall serve as
the overall conceptual subdivision plan, master site plan, tentative
subdivision plan, or site plan. (P)
(STAFF/CPC) 2. Timberin .Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead or
diseased trees there shall be no timbering until a land disturbance
permit has been obtained from the Environmental Engineering
Department and the approved devices have been installed. (EE)
(STAFF/CPC) 3. Maximum Transportation Density. The maximum density of the
Property shall be 3,111 single-family dwelling units; 2,543 multi-
family dwelling units (including townhouses, apartments, and
condominiums); 428,000 square feet of retail uses; 769,382 square
feet of office, two (2) 600-student elementary schools, a 480-room
hotel; 20,000 square feet of community recreation center, and a 17-
acre park, or equivalent densities as determined by the
Transportation Department. (T)
(STAFF/CPC) 4. Dedication. Prior to any site plan approval, in conjunction with
recordation of the initial subdivision plat or within ninety (90) days
of a written request by the Transportation Department, whichever
3 07SN0223 JUL30-BOS-RPT
occurs first, the following rights of way shall be dedicated, free
and unrestricted, to and for the benefit of Chesterfield County.
The exact locations of these rights of way shall be approved by the
Transportation Department but are generally shown on Exhibit C.
A. One hundred and twenty (120) feet through the Property for a
north/south major arterial ("Woolridge Road Extended") from
Route 288 to Old Hundred Road.
B. Ninety (90) feet through the Property for an east/west major
arterial ("Roseland Avenue") from Old Hundred Road to
Woolridge Road.
C. Forty-five (45) feet, measured from the centerline of Old
Hundred Road immediately adjacent to the Property, along the
entire Property frontage.
D. Sixty-five (65) feet, measured from the centerline of the
existing right of way for Center Pointe Parkway immediately
adj acent to the Property, for the entire Property frontage.
E. Ninety (90) feet from Woolridge Road Extended to the
northern Property line for "Watkins Center Parkway
Relocated." (T)
(STAFF/CPC) 5. Access Plan. Direct vehicular access from the property to
Woolridge Road, Roseland Avenue, Old Hundred Road, Otterdale
Road, Hallsboro Road, and Center Pointe Parkway shall conform
to Exhibit D, unless approved otherwise by the Transportation
Department. (T)
(STAFFICPC) 6. On-Site Transportation Improvements. To provide an adequate
roadway system, the Developer shall be responsible for the
following improvements.
A. Construct Woolridge Road as a six (6) lane, divided
facility, with innovative stormwater management facilities
located in the median as approved by VDOT, designed to
VDOT Urban Minor Arterial standards with a 50mph
design speed, unless the developer, Transportation
Department and VDOT mutually agree on alternative
design standards that permit slower posted speeds that
improve safety, from Route 288 to Old Hundred Road. At
any time after four lanes of Woolridge Road have been
constructed through the property the developer may submit
a supplemental traffic study, acceptable to the
Transportation Department, to demonstrate the additional
two lanes are not required to achieve acceptable levels of
service at the projected full build out of the property as
4 07SN0223 JUL30-BOS-RPT
defined in the accepted traffic study dated October 12,
2007. If the Transportation Department agrees the
additional lanes are not required at the projected full build
out of the property to provide acceptable levels of service,
the developer shall be relieved of the requirement to
construct the two additional lanes.
B. Construct two (2) lanes of Roseland Avenue to VDOT
Urban Minor Arterial standards with a 40mph design
speed, with any modifications approved by the
Transportation Department, from Old Hundred Road to
Woolridge Road,
C. Construct two (2) lanes of Watkins Center Parkway
Relocated to VDOT Urban Minor Arterial standards with a
SOmph design speed, with any modifications approved by
the Transportation Department, from Woolridge Road
Extended to the northern property line,
D. Construct two (2) lanes of Center Pointe Parkway Extended
to VDOT Urban Minor Arterial standards with a 50mph
design speed, with any modifications approved by the
Transportation Department, from Old Hundred Road to the
eastern property line, including realignment of the
intersection of Center Pointe Parkway Extended with Old
Hundred Road,
E. Widen/improve Old Hundred Road adjacent to the property
to provide an eleven (11) foot wide travel lane, measured
from the centerline of the existing pavement, with
additional one (1) foot wide paved shoulders and seven (7)
foot wide graded shoulders and overlaying the full width of
the road with one and one-half (1.5) inches of compacted
bituminous asphalt concrete, with modifications approved
by the Transportation Department,
F. Construct adequate left and right turn lanes along
Woolridge Road Extended, Roseland Avenue, Watkins
Center Parkway Relocated, Old Hundred Road, and
Hallsboro Road at each approved access and intersection,
based on Transportation Department standards, and as
identified in the accepted traffic impact study.
G. Provide the full cost of traffic signalization and construct
intersection improvements, including adequate storage and
receiving lanes as determined by the Transportation
Department, and as identified in the accepted traffic impact
study at:
i. Woolridge Road Extended and Watkins Center
5 07SN0223 JUL30-BOS-RPT
Parkway Relocated.
11. Woolridge Road Extended and Roseland Avenue.
111. Woolridge Road Extended and Old Hundred Road.
iv. Roseland Avenue and Old Hundred Road.
H. Dedicate, free and unrestricted, to and for the benefit of
Chesterfield County, any additional right-of way (or
easements) required for these improvements. (T)
(STAFF/CPC) 7. Phasin.~. Prior to any site plan or construction plan approval,
whichever occurs first, a phasing plan for the improvements
identified above, with supporting traffic analysis acceptable to the
Transportation Department, shall be submitted to and approved by
the Transportation Department. (T)
(STAFF/CPC) 8. Utilities.
A. Public water and wastewater systems shall be used, except
for temporary sales facilities and/or construction offices.
B. The required Overall Water/Wastewater Systems Plan for
the development, accompanied by a Utilities Infrastructure
Phasing Plan, shall be submitted to the Utilities Department
prior to the final approval of the first tentative subdivision,
site, or construction plan for the request site. The overall
plan shall be prepared in accordance with the requirements
as outlined in Appendix 12 of the Chesterfield County
Water and Sewer Specifications and Procedures Manual.
Phasing of improvements shall be included in Overall
Water/Wastewater Systems Plan.
C. The Developer shall be responsible for providing a
minimum two (2) acre site at a ground elevation of 270 feet
or higher, acceptable to Chesterfield County Utilities
Department, for the purpose of constructing a water tank
("Water Tank Site"). The Developer shall be responsible
for all costs of acquisition, right-of way/easements,
appropriate water line extensions to the Water Tank Site,
and documents relating to the Water Tank Site acquisition.
The Developer shall convey the Water Tank Site to
Chesterfield County prior to the release of more than 1,000
building permits that require utility connection fees.
D. The Developer shall pay a contribution fee equivalent to
the cost of a water tank based on the tank size necessary to
meet the water storage requirements for the development
6 07SN0223 JUL30-BOS-RPT
prior to the release of more than 2,000 building permits that
require utility connection fees. (U)
(STAFF) 9. Densit .
A. The maximum number of principal dwelling units
developed on the Property shall be 5140. Single family
independent dwelling units that are internal to any age-
restricted facility, including continuing care retirement
communities and active adult communities, shall be
considered a principal dwelling unit and shall count toward
the overall density.
B. The maximum number of secondary dwelling units that are
separate from the principal dwelling unit (second dwelling
unit on a lot) shall be 400 (i.e.: Carriage Houses that
qualify as a second dwelling unit on a lot).
C. Of the total maximum, a maximum of 1247 principal
dwelling units shall be permitted in North Hallsley and
West Park.
D. The minimum non-residential square footage within
Roseland shall be 500,000 gross square feet. Of this total, a
minimum non-residential square footage within North Park
shall be 400,000 gross square feet. These minimums may
be phased.
E. Until construction has begun on a minimum of 40,000
gross square feet of non-residential uses in Old Town, no
more than a cumulative total of 50 principal dwelling units
shall be permitted in Old Town. Any multi-family
residential dwelling units that are part of a mixed-use
building (i.e., office or retail as ground floor uses) shall not
count toward the 50 principal dwelling unit restriction.
F. At no time shall the total gross sauare footage of retail
uses located within North Park exceed twenty-five
ercent X25%1 of the total gross sauare footage of North
Park. (P)
(STAFF/CPC) 10. Age Restriction. Except as otherwise prohibited by the Virginia
Fair Housing Law, the Federal Fair Housing Act, and such other
applicable federal, state or local legal requirements, dwelling units
designated as age-restricted shall be restricted to "housing for older
persons" as defined in the Virginia Fair Housing Law and no
persons under 19 years of age shall reside therein. (B&M)
7 07SN0223 JUL30-BOS-RPT
(STAFF/CPC) 11. Senior Housing. Any dwelling units designated for senior housing
as defined in Proffered Condition on age-restriction shall be noted
on the site plan and/or on any subdivision plat. Such dwelling
units shall be grouped together as part of the same development
section(s). (P)
(STAFF/CPC) 12. Stormwater Mana e.~ ment.
A. Low impact development ("LID") Stormwater management
techniques, recognized by Environmental Engineering,
shall be used in all Districts of the Property and included in
the calculations of the post-development phosphorous
loads.
B. The Developer acknowledges that if the water quality of
the Swift Creek Reservoir has reached a median level that
exceeds .04 mg/l in-lake phosphorus or otherwise degrades
to an unacceptable level, that the Director of Environmental
Engineering may recommend that the County adopt
phosphorus loading standards that are more restrictive than
the standards applicable as of October 10, 2007. To
mitigate the impact of this development on the water
quality of the Swift Creek Reservoir and the Upper Swift
Creek Watershed, and consistent with the County's duty to
exercise its police powers to protect the County's water
supply, the Developer and his assignees agree that the
phosphorus loading standards of the Zoning Ordinance
applicable to any undeveloped portion of the Property shall
be those standards that are in effect at the time of
subdivision or site plan approval for any residential uses.
This condition shall not apply to residential uses located
within the same structure as commercial uses. All
substantially approvable construction plans in the
Department of Environmental Engineering that have
complied with the submittal criteria for review shall not be
effected. (EE)
8 07SN0223 JUL30-BOS-RPT
annually in accordance with the cash uroffer nolicv. As the
development of the Property is anticipated to take 10-20 years, it is
difficult to precisely identify the detailed public facility needs of
the County for this area at this time. Despite this limitation, the
Developer has anticipated the need to directly assist the County
and provide for an elementary school, parks, a fire station, and a
library at some point during the development of the Property. In
order to provide to Chesterfield County the best possible
location(s), at the best possible cost, and delivery of these facilities
in a timely manner that will best benefit Chesterfield County and
its citizens who will utilize these facilities, the Developer is willing
to provide the funds for and construction of these public facilities
as outlined below. The selection of the appropriate timing and
location of the Alternatives (as set forth below) for each public
facility shall be based on the actual need for the specific public
facility and not by any arbitrary date.
A. Schools. The Developer shall be responsible for one of the
following alternatives as agreed to by Chesterfield County
Public Schools.
i. Alternative S.l. The Developer shall pay
$ , 6~ per dwelling unit if paid prior to July
1, .2009. Provided, however, if any building
permits issued on the Property are for senior
housing, as defined in the proffer on age-restriction,
the applicant, sub-divider, or assignee(s) shall pay
$0.00 per unit. Alternative S.l. shall be the default
alternative unless Alternative 5.2. is selected as
described below.
11. Alternative S .2.
(a) If upon mutual agreement of the Developer,
Public Schools, and Chesterfield County in
lieu of cash proffers, Developer shall:
9 07SN0223 JUL30-BOS-RPT
Public Schools and the Developer.
The design of the Elementary School
shall be coordinated between the
Developer and Chesterfield County
Public Schools to ensure the
conformance to programming needs
and building quality standards of
Chesterfield County Public Schools
(as defined by the materials and
systems, but not architectural design,
equal to or greater than the
Chesterfield County Public Schools'
latest elementary school) and the
architectural and site design criteria
of the Developer. Upon completion
of the Elementary School, the school
and its associated property shall be
dedicated, free and unrestricted, to
Chesterfield County.
(11) Reservation of an additional site
("Reserved Area") located generally
west of Otterdale Road or another
site within the Property mutually
agreeable to the Chesterfield County
Public Schools and the Developer.
This acreage shall be used for the
sole purposes of constructing an
additional elementary school
designed and constructed similarly to
the Elementary School described
above. The reservation of the
Reserved Area shall be for a period
that is ten (10) years and one (1) day
after completion of Proffered
Condition 13.A.ii(a)(i) [dedication of
the Elementary School] (the
"Reservation Term"). If no
Elementary School has been
constructed within the Reserved
Area during the Reservation Term, at
any time following the Reservation
Term, the Developer may make a
written request to the School Board
for a determination as to whether the
Reserved Area will be used for a
public educational purpose. Within
10 07SN0223 JUL30-BOS-RPT
sixty (60) days of the Developer's
written request, the School Board
shall inform the Developer, in
writing, of its determination. If the
School Board determines that it has
no plans to use the Reserved Area
for said purpose within ten (10) years
of the School Board's determination
("Extension Period"), the Reserved
Area shall be conveyed back to the
Developer, free and unrestricted, and
the Developer shall have no further
obligation to reserve or restrict the
Reserved Area. If at the end of the
Extension Period no site plan has
been approved for construction of a
school on the Reserved Area, the
Reserved Area shall be conveyed
back to the Developer, free and
unrestricted, and the Developer shall
have no further obligation to reserve
or restrict the Reserved Area.
During the Reservation Term and the
Extension Period, but before any
actual construction occurs on the
Reserved Area, the Developer may
develop the Property adjacent to the
Reserved Area provided all
structures (except those structures
permitted in the rear yard setback
under the applicable section of the
Zoning Ordinance) shall be set back
at least one hundred (100) feet from
the boundary of the area designated
as the Reserved Area. At any time
during the Reservation Term but
prior to any construction of an
additional elementary school, the
Reserved Area shall be dedicated,
free and unrestricted, to Chesterfield
County, within one hundred and
eighty (18 0) days from a written
request by the Chesterfield County
Public Schools. If an additional
elementary school is constructed in
the Reserved Area, the Developer
11 07SN0223 JUL30-BOS-RPT
shall not be responsible for design
and construction of the additional
elementary school, but shall review
the external architectural elements of
the school for compatibility any prior
to its construction. The school
should be similar to and compatible
with any existing public school
located within the Property.
Compatibility may be achieved with
the use of similar building massing,
materials, scale, colors and other
architectural features. If the
Reserved Area is dedicated to
Chesterfield County during the
Reservation Term and an additional
elementary school is not constructed
prior to the end of the Reservation
Term, then upon a written request
from the Developer, the County or
the then owner of the Reserved Area
shall execute and deliver a special
warrantee deed conveying title to the
Reserved Area to the Developer.
(b) Until such time as Alternative 5.2. is chosen
or rejected, the Developer shall, at the time
of each building permit, deposit into an
escrow account acceptable to Chesterfield
County, $ , 6,149 per dwelling unit
(excluding any senior housing units). The
escrow account shall be subject to an escrow
agreement with the appropriate parties (such
as the escrow agent and any contractors), the
Developer, and Chesterfield County. All
contributions shall be held in escrow until
written confirmation has been received by
the Developer from Chesterfield County that
the construction contract for the Elementary
School has been executed, after which, the
escrow funds shall be released to the
Developer. If Alternative 5.2. is rejected by
the Chesterfield County School Board and
written confirmation of the rejection from
the School Board has been received by the
Developer then all funds held in escrow for
the schools (or an amount equivalent to the
12 07SN0223 JUL30-BOS-RPT
schools portion of the cash proffer for each
building permit released prior to the choice
of Alternative S.l. or 5.2.) shall be released
to Chesterfield County.
111. Accelerated Construction of School Improvements.
If the Chesterfield Board of Supervisors approves
alternative funding sources for the construction of
public improvements described in Alternative 5.2.,
including but not limited to, a Community
Development Authority (CDA), the Developer shall
enter into an agreement with Chesterfield County to
commence design of the Elementary School within
twenty-four (24) months of availability of the
proceeds or by request from Chesterfield County
Public Schools to begin design of the Elementary
School, whichever is later. (B&M&S)
B. Parks and Recreation. The Developer shall be responsible
for one of the following alternatives as agreed to by
Chesterfield County.
i. Alternative P.l. The Developer shall pay $ 853
per dwelling unit if paid prior to July 1, .2009.
Alternative P.l. shall be the default alternative
unless Alternative P.2. is selected as described
below.
11. Alternative P.2.
(a) If upon mutual agreement of the Developer
and Chesterfield County, in lieu of cash
proffers, the Developer shall build a park
("Roseland Park") that is publicly
accessible. Roseland Park shall include
following components.
(i) Garden Park.
(1) The Garden Park shall consist
of a minimum of twenty (20)
acres located at the northwest
intersection of Site Road A
(Woolridge Road) and Site
Road B (Roseland Avenue)
or another site within the
Property mutually agreeable
to the Chesterfield County
and the Developer. The
13 07SN0223 JUL30-BOS-RPT
Garden Park shall be built as
an actively landscaped
garden such as, but not
limited to, English Garden,
Japanese Garden, Rose
Garden, and/or Herb Garden.
(2) The Garden Park shall have
hours of operation and gates
for limiting vehicular access
when the park is closed.
(3) The Garden Park shall
connect to the trail system of
Roseland.
11. Roseland Greenway.
(1) The Roseland Greenway
shall consist of a minimum of
forty (40) acres of connected
geenway system along
Tomahawk Creek. The
Roseland Greenway shall
generally run along Site Road
A and south of Site Road B
or another site within the
Property mutually agreeable
to the Chesterfield County
and the Developer provided it
is along Tomahawk Creek.
(2) The Roseland Greenway
shall connect to the trail
system of Roseland.
111. Active Recreational Areas.
(1) Two (2) play areas that can
be used as soccer fields.
(2) Two (2) little-league sized
baseball fields (which may
include any field that is
adjacent to the Elementary
School).
(b) Until such time as Alternative P.2. is chosen
or rejected, then the Developer shall, at the
time of each building permit, deposit into an
escrow account acceptable to Chesterfield
14 07SN0223 JUL30-BOS-RPT
County, $ 853 per dwelling unit. The
escrow account shall be subject to an escrow
agreement with the appropriate parties (such
as the escrow agent and any contractors), the
Developer, and Chesterfield County. All
contributions shall be held in escrow until
written confirmation by the Developer has
been received from Chesterfield County that
the construction contract for Roseland Park
is has been executed, after which, the
escrow funds shall be released to the
Developer. If Alternative P.2. is rejected by
Chesterfield County and written
confirmation of the rejection from the
County has been received by the Developer
then all funds held in escrow for the parks
(or an amount equivalent to the parks
portion of the cash proffer for each building
permit released prior to the choice of
Alternative P.l. or P.2.) shall be released to
Chesterfield County.
111. Accelerated Construction of Park Improvements. If
the Chesterfield Board of Supervisors approves
alternative funding sources, including but not
limited to, a Community Development Authority
(CDA), for the construction of public improvements
described in Alternative P.2., then the Developer
shall enter into an agreement with Chesterfield
County to commence design of Roseland Park
within twenty-four (24) months of the availability
of the proceeds. (B&M&PR)
C. Fire/EMS. The Developer shall be responsible for one of
the following alternatives as agreed to by Chesterfield
County.
i. Alternative F.l. The Developer shall pay $ 419
per dwelling unit if paid prior to July 1, .2009.
Alternative F.l. shall be the default alternative
unless Alternative F.2. is selected as described
below.
11. Alternative F.2.
(a) If upon mutual agreement of the Developer
and Chesterfield County, in lieu of cash
proffers, the Developer shall design and
build aFire/EMS station ("Fire Station")
within the Property at a site mutually
15 07SN0223 JUL30-BOS-RPT
agreeable to the Chesterfield County and the
Developer. The Fire Station may be
designed to include space for a police
satellite office. The design of the Fire
Station shall be coordinated between the
Developer and Chesterfield County to
ensure the conformance to programming
needs of Chesterfield County Fire
Department (as defined by the materials and
systems, but not architectural design, equal
to or greater than the Chesterfield County's
latest fire station) and the architectural and
site design criteria of the Developer. Upon
completion of the Fire Station, the Fire
Station and its associated property shall be
dedicated, free and unrestricted, to
Chesterfield County.
(b) At the time of construction of the Fire
Station, the Developer shall provide funding
to purchase a fire truck. The fire truck shall
meet the current standards of the
Chesterfield County Fire and EMS, provided
that the total cost to the Developer shall not
exceed $500,000.
(c) Until such time as Alternative F.2. is chosen
or rejected, then the Developer shall, at the
time of each building permit, deposit into an
escrow account acceptable to Chesterfield
County, $ 419 per dwelling unit. The
escrow account shall be subject to an escrow
agreement with the appropriate parties (such
as the escrow agent and any contractors), the
Developer, and Chesterfield County. All
contributions shall be held in escrow until
written confirmation has been received by
the Developer from Chesterfield County that
the construction contract for the Fire Station
has been executed, after which, the escrow
funds shall be released to the Developer. If
Alternative F.2. is rejected by Chesterfield
County and written confirmation of the
rejection from the County has been received
by the Developer then all funds held in
escrow for Fire/EMS (or an amount
equivalent to the Fire/EMS portion of the
cash proffer for each building permit
16 07SN0223 JUL30-BOS-RPT
released prior to the choice of Alternative
F.l. or F.2.) shall be released to Chesterfield
County.
111. Accelerated Construction of Fire Station
Improvements. If the Chesterfield Board of
Supervisors approves alternative funding sources,
including but not limited to, a Community
Development Authority (CDA), for the construction
of public improvements described in Alternative
F.2., then the Developer shall enter into an
agreement with Chesterfield County to commence
design of the Fire Station within twenty-four (24)
months of approval the availability of the proceeds
or by request from Chesterfield County to begin
design of the Fire Station, whichever is later.
(B&M&F)
D. Libraries. The Developer shall be responsible for one of
the following alternatives as agreed to by Chesterfield
County.
i. Alternative L.l. The Developer shall pay $~ 192
per dwelling unit if paid prior to July 1, .2009.
Alternative L.l. shall be the default alternative unless
Alternative L.2. is selected as described below.
11. Alternative L.2.
(a) If upon mutual agreement of the Developer and
Chesterfield County, in lieu of cash proffers, the
Developer shall design and build a library
("Library"). The Library shall be built as a
community building with a minimum of 20,000
square feet of total space and building quality
standards of Chesterfield County (as defined by the
materials and systems, but not architectural design,
equal to or greater than the Chesterfield County's
latest library). The design of the Library shall be
coordinated between the Developer and
Chesterfield County to ensure the conformance to
programming needs of Chesterfield County
Libraries and the architectural and site design
criteria of the Developer. Upon completion of the
Library, the Library and its associated property shall
be dedicated, free and unrestricted, to Chesterfield
County.
(b) Until such time as Alternative L.2. is chosen or
rejected, then the Developer shall, at the time of
17 07SN0223 JUL30-BOS-RPT
each building permit, deposit into an escrow
account acceptable to Chesterfield County, $ 192
dwelling unit. The escrow account shall be subject
to an escrow agreement with the appropriate parties
(such as the escrow agent and any contractors), the
Developer, and Chesterfield County. All
contributions shall be held in escrow until written
confirmation by the Developer has been received
from Chesterfield County that the construction
contract for the Library has been executed, after
which, the escrow funds shall be released to the
Developer. If Alternative L.2. is rejected by
Chesterfield County and written confirmation of the
rejection from the County has been received by the
Developer then all funds held in escrow for libraries
(or an amount equivalent to the library portion of
the cash proffer for each building permit released
prior to the choice of Alternative L.l. or L.2.) shall
be released to Chesterfield County.
111. Accelerated Construction of Library Improvements.
If the Chesterfield Board of Supervisors approves
alternative funding sources, including but not
limited to, a Community Development Authority
(CDA), for the construction of public improvements
described in Alternative L.2., then the Developer
shall enter into an agreement with Chesterfield
County to commence design of the Library within
twenty-four (24) months of approval the availability
of the proceeds or by request from Chesterfield
County to begin design of the Library, whichever is
later. (B&M&L)
E. Transportation Contribution. The Developer shall pay to
Chesterfield County prior to the issuance of each building
permit the amount of $ , 10,467 per dwelling unit (the
"Transportation Contribution"). The Transportation
Contribution, if approved by the Transportation
Department, may be used to construct the following off site
road improvements ("Off Site Improvements") or as may
be otherwise permitted by law:
i. Reconstruction of Old Hundred Road from Route
60 to the Norfolk Southern Railroad tracks to
VDOT Urban Minor Arterial standards with a
SOmph design speed, with any modifications
18 07SN0223 JUL30-BOS-RPT
approved by the Transportation Department
(estimated cost $6,400,000).
11. Construction of two (2) additional (i.e. the third and
fourth) lanes of Woolridge Road Extended to
VDOT Urban Minor Arterial standards with a
SOmph design speed, with any modifications
approved by the Transportation Department, to
provide afour-lane divided facility from Old
Hundred Road to Watermill Parkway (estimated
cost $13, 800,000).
111. Construction of two (2) lanes of Powhite Parkway
Extended to VDOT Rural Principal Arterial
standards with a 60mph design speed with any
modifications approved by the Transportation
Department, from its current terminus at Watermill
Parkway to Woolridge Road Extended (estimated
cost $5,600.000).
iv. Reconstruction of the intersection of Watermill
Parkway and Powhite Parkway Extended, including
adequate storage and receiving lanes as determined
by the Transportation Department (estimated cost
$1,000,000).
v. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of way (or
easements) required for the Off Site Improvements
identified above. In the event the Developer is
unable to acquire any "off site" right-of way that is
necessary for the road improvements described in
this Proffered Condition, the Developer may
request, in writing, that the County acquire such
right-of way as a public road improvement and the
Transportation Department will present and support
the request to the Board of Supervisors if the
Transportation determines that the request is
consistent with the Thoroughfare Plan. All
reasonable costs associated with the acquisition of
the right-of way shall be borne by the Developer.
In the event the County fails to assist the Developer
in acquisition of the "off site" right-of way, the
Developer shall be relieved of the obligation to
acquire the "off site" right-of way and shall provide
what road improvements are possible within
available right-of way, as determined by the
Transportation Department, and the Off Site
Improvements provided within available right-of
19 07SN0223 JUL30-BOS-RPT
way shall be deemed to satisfy the requirement in
the approved phasing plan. (B&M&T)
l l
in cash by the Developer shall be in lieu of
not subject to both fees.
ii. Each Alternative
and
~b provides that if such
Alternative is chosen it shall be provided by the
Developer in lieu of cash proffers, impact fees, or
anv other similar funding program Davments for
infrastructure improvements approved by
Chesterfield County. (B&M&S, P&R, F, L&T)
(STAFF/CPC) 14. Transportation Contribution Credit. At such time that any of the
Off Site Improvements described in Proffered Condition 13.E.
above are completed by the Developer, as determined by the
Transportation Department, the County shall grant the Developer a
credit towards the Transportation Contribution and/or reimburse
the Developer in an amount totaling the estimated cost of the
improvement as identified above. Any reimbursements shall be
subject to the appropriation of funds by the Board of Supervisors.
(T)
(STAFF/CPC 15. Funding. To the extent any of the transportation improvements
required in these Proffered Conditions are financed through a
Community Development Authority or other funding mechanism
approved by the Board of Supervisors and are constructed as
described in these Proffered Conditions, the requirements for the
specific transportation improvements that are the subject of the
approved funding mechanism shall be deemed satisfied. (T)
20 07SN0223 JUL30-BOS-RPT
(STAFF/CPC) 16. Covenants. Prior to or in conjunction with the first tentative plat or
site plan approval on the Property, the Developer shall prepare and
record restrictive covenants (the "Roseland Charter") with respect
to each portion of the Property. Such covenants shall provide for
review of the architectural treatment of the buildings by an
architectural control committee (the "Roseland ARC"). Review by
the ARC shall be required for all construction in Roseland and
such review and approval shall be outlined in the Roseland
Charter. (P)
GENERAL INFORMATION
Location:
East and west lines of Old Hundred Road at the Norfolk Southern Railroad; north line of
Old Hundred Road east of Otterdale Road; and east and west lines of Otterdale Road
north of Old Hundred Road. Tax IDs 707-700-7988; 708-702-1722; 709-701-7328; 710-
700-7596; 710-703-3345; 711-699-3470; 711-700-1144; 711-701-5180; 712-699-7663;
713-703-4194; 713-704-3412; 713-705-5709; 714-703-2188 and 7259; 714-704-1729;
714-705-5728; 716-701-4130; 718-697-4548 & 6844; 718-699-7719; 719-697-8012;
719-698-2822; 720-695-3288 and 9506; 720-698-0178; 720-700-0007; 721-695-9061;
722-697-0512; and 722-700-4002.
Existing Zoning:
AandI-1
Size:
1,394.9 acres
Existing Land Use:
Single family residential or vacant
Adjacent Zoning and Land Use:
North - A and I-2 with Conditional Use Planned Development; Single family residential
or vacant
South - A and 0-2 and C-3 with Conditional Use Planned Development; Single and
multifamily residential or vacant
East and West - R-7 and A; Single family residential or vacant
21 07SN0223 JUL30-BOS-RPT
UTILITIES
nvervl ew:
The request site lies within the Route 288 Corridor Plan and the Upper Swift Creek Plan
areas, and the use of the public water and wastewater systems is required by County
Code. The applicant has submitted Proffered Condition B.A, which would require the use
of the public water and wastewater systems, with the exception of sales facilities and/or
construction offices. The Utilities Department understands that sales facilities and
construction offices are considered "temporary uses", and since those facilities generally
need to be in place in advance of the extension of utility lines, we have generally not
required connection to the public system. Accordingly, Proffered Condition 8.A is not
necessary, and should not be accepted. Proffered Condition 8.B provides a timeframe
for submittal of the required Overall Water and Wastewater Systems Plan for the
development, which will be accompanied by a Utilities Infrastructure Phasin.~. The
overall plan will need to include all water and wastewater infrastructure described below,
and will also need to incorporate the "Hallsley" subdivision to illustrate how planned
water and wastewater lines for that development will interconnect with those that will be
needed for the request site.
Public Water S,, sue:
There is an existing twenty-four (24) inch water line located along the north side of
Midlothian Turnpike that terminates approximately 465' west of Huguenot Springs Road.
In conjunction with development of the "Hallsley" subdivision, atwenty-four/sixteen
(24/16) inch water line is under construction along Dry Creek Road and Old Hundred
Road, which will terminate near the northern boundary of the existing North Hundred
subdivision. That line will be adjacent to the central portion of the request site. In
conjunction with development of the "Wilkes Bend" subdivision, that sixteen (16) inch
line will be extended east along Old Hundred Road to Otterdale Road, and then south
along Otterdale Road to that development site. There is also an existing sixteen (16) inch
water line located along a portion of Old Hundred Road, east of Otterdale Road, which
terminates adjacent to the southwestern portion of the request site.
Several new water line extensions will be necessary to serve the various neighborhoods
within the proposed "Roseland" development. To provide public water to the "North
Hallsley" and "Roseland Station" neighborhoods, a water line (size to be determined)
will be needed along the future realignment of Mt. Herman Road, from Old Hundred
Road to the western boundary of the request site. Water service to the "West Park" and
"East Park" neighborhoods will come from the twenty-four/sixteen (24/16) inch water
line now under construction along Old Hundred Road, and from a water line (size to be
determined) to be constructed along the future east/west connector road from Old
Hundred Road to the future Woolridge Road Extended. That water line will also serve
the "Roseland Village" neighborhood. Water service to the proposed "North Park",
"Old Town", and "Roseland Village" neighborhoods will come from a water line to be
constructed along the future Woolridge Road Extended, north from Old Hundred Road to
22 07SN0223 JUL30-BOS-RPT
the future east/west collector road. Because the proposed "Roseland" development will
be located within three (3) water pressure zones, installation of pressure regulating valves
(PRV's) will be required on all water lines that will cross a water pressure zone
boundary.
In addition to the new water lines described above, the Utilities Department is of the
opinion that a water line will be necessary along Otterdale Road, from Old Hundred Road
north to Midlothian Turnpike, to connect with the existing twenty-four (24) inch there to
provide a second water supply source for the area. Development of the request site,
combined with the approved subdivisions of "Hallsley" and "Wilkes Bend" represents
approximately 6,300 dwelling units, plus significant office and retail uses, and public
facilities. A second water supply link is crucial to insure that domestic water service and
fire protection for the "Roseland" development and adjacent subdivisions is maintained
should a break occur anywhere along the twenty-four (24) inch line on Midlothian
Turnpike, west of Huguenot Springs Road, or along the twenty-four/sixteen (24/16) inch
water line along Dry Bridge Road and Old Hundred Road. A portion of this water line
along Otterdale Road was proffered with Case 06SN0191 for the "Watkins Centre"
development, and the two developers should work together to construct this water line.
The Utilities Department has determined that due to the accumulative impact of the
aforementioned development on the public water system, additional water storage will be
needed in the area to meet fire flow demands and Virginia Department of Health water
storage regulations requiring 200 gallons per equivalent residential unit (ERU).
Accordingly, the Utilities Department has requested that the applicant provide a (2.0)
acre site for a water tank, and to participate in the construction of a water storage tank.
In order to function properly within the public water system, the water tank is to be
designed with an overflow elevation of four hundred thirty (430) feet, and of a height not
to exceed one hundred sixty (160) feet. Proffered Condition 8.C holds the developer
responsible for all costs associated with providing a minimum two (2.0) acre site for a
water tank, at a location acceptable to the Utilities Department, and conveyance of the
site prior to the release of more than 1,000 building permits that require payment of
utility connection fees. Proffered Condition 8.D requires the developer to pay a
contribution fee equivalent to the cost of a water tank based on the tank size necessary to
meet the water storage requirements for the development prior to the release of more than
2,000 building permits that require payment of utilities connection fees.
Public Wastewater S,, sue:
The eastern portion of the request site is within the Little Tomahawk Creek drainage
basin. The existing Little Tomahawk Creek Wastewater Trunk, ranging in size from
twenty-one (21) inch to fifteen (15) inch, is located along the eastern boundary of the
request site. That line will serve a portion of the "North Park", "Old Town", and
"Roseland Village" neighborhoods.
The central portion of the request site, consisting of the "West Park" and "East Park"
neighborhoods, as well as the western portion of the "North Park", "Old Town" and
23 07SN0223 JUL30-BOS-RPT
"Roseland Village" neighborhoods, is within the Tomahawk Creek Drainage Basin. The
existing thirty-six (36) inch Tomahawk Creek Wastewater Trunk Sewer terminates
approximately 4,300 feet south of Old Hundred Road. This trunk sewer will need to be
extended to the northernmost boundary of the request site. The extension of wastewater
lines along the tributaries of Tomahawk Creek west of Woolridge Road and Otterdale
Road to the northernmost boundary of the request site will also be necessary.
The western portion of the request site, consisting of the "North Hallsley" and "Roseland
Station" neighborhoods, is within the Swift Creek drainage basin. In conjunction with
development of the "Hallsley" subdivision, a large wastewater trunk sewer will be
constructed along Swift Creek and the Nelsons Branch tributary. That trunk sewer will
need to be extended through the "Hallsley" subdivision, to the northernmost boundary of
the request site. To serve the "Roseland Station" and a portion of the "North Hallsley"
neighborhoods, the extension of a wastewater trunk sewer further north along Swift
Creek and along an un-named tributary of Swift Creek will be necessary.
ENVIRONMENTAL
Drainage, Erosion and Water Quality:
The property is located in the Upper Swift Creek Reservoir Watershed. The project drains to the
reservoir via three of the eight (8) major watersheds. They are Swift Creek, Tomahawk and
Little Tomahawk Creek, as described herein.
Swift Creek Watershed
Roseland Station and North Halseley Sections drain to a major tributary of Swift Creek
then via Swift Creek to the reservoir. The main tributary generally bisects this portion of
the development and is currently a Resource Corridor Management -Non Resource
Protection Area (RCM-NRPA) and is treated like an RPA. The only difference is that the
RCM-NRPA does not have a 100 foot conservation area adjacent to the wetlands. The
developer will be required to perform a Perennial Flow Determination (PFD) and have
approved by Environmental Engineering prior to tentative approval or site plan submittal.
Staff's past experience with the RCM-NRPA's indicates that these streams are perennial.
Little Tomahawk Creek Watershed
Portions of North Park, Oldtown and Roseland Village drains towards the east into the
Little Tomahawk Creek. Little Tomahawk Creek provides the eastern boundary for the
property and is a perennial stream subj ect to a 100 foot conservation area inside of which
uses are very limited. Less than ten (10) percent of the entire development flows to Little
Tomahawk Creek.
24 07SN0223 JUL30-BOS-RPT
Tomahawk Creek Watershed
The entire West Park and East Park Sections drain through Tomahawk Creek as well as
approximately ninety (90) percent of Roseland Village Section and more than half of
North Park and Old Towne Sections. These sections are generally bisected by
Tomahawk Creek which is a perennial stream and is therefore subject to a 100 foot
conservation area measured from the edge of the wetlands, inside of which uses are very
limited. Over fifty (50) percent of the project will drain through the Tomahawk Creek
Watershed.
Approximately 2,500 linear feet of stream is currently identified as a RCM-NRPA stream
and is treated like an RPA. The only difference is that the RCM-NRPA does not have a
100 foot conservation area adjacent to the wetlands. The developer will be required to
perform a Perennial Flow Determination (PFD) and have approved by Environmental
Engineering prior to tentative approval or site plan submittal. Staff's past experience
with the RCM-NRPA's indicates that these streams are perennial.
The floodplain adjacent to Tomahawk Creek through this development is very wide and
flat and consists of many acres of wetlands as well as major beaver activity. Beaver
ponds are a known to be an excellent source of pollutant removal.
(lvPrvi P«~
There are no known on or offsite drainage or erosion problems and none are anticipated
after development. The property is wooded and, as such, should not be timbered without
obtaining a land disturbance permit from the Department of Environmental Engineering.
This will insure that adequate erosion control measures are in place prior to land
disturbance activity. (Proffer Condition 2)
Prior to tentative plan submittal or a site plan submittal, a perennial flow determination
will need to be performed by the developer and approved by Environmental Engineering
on all streams to include the RCM-NRPA streams. Any stream, if determined to be
perennial, will require a 100 foot conservation area on both sides measured from the
wetlands.
With the adoption of the amended Upper Swift Creek Plan, a goal was adopted that
residential developers address the impact of their development on water quality. Such
conditions could include (i) implementing phosphorus loading standards that are more
restrictive than the standards of the zoning ordinance; (ii) implementing more restrictive
requirements for zoned but undeveloped land if notified by the Director of Environmental
Engineering that the water quality of the Swift Creek Reservoir has reached a median
level that exceeds .04 mg/1 in-lake phosphorus for two consecutive years, or exceeds
other applicable water quality standards; and/or (111) implementing other measures
approved by the Director of Environmental Engineering to address the impact of
development on water quality in the Upper Swift Creek Watershed. The applicant has
25 07SN0223 JUL30-BOS-RPT
offered Proffered Condition 12 relative to the protection of water quality per the recently
adopted Upper Swift Creek Plan amendment.
PUBLIC FACILITIES
The need for schools, parks, libraries, fire stations, and transportation facilities in this area is
identified in the County's adopted Public Facilities Plan, the Thoroughfare Plan and the Cam
Improvement Program and further detailed by specific departments in the applicable sections of
this "Request Analysis". The residential component of this development will have an impact on
these facilities.
Fire ~Prvi~P~
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 5540 principal and secondary dwelling units, this request will
generate approximately 971 calls for fire and emergency medical service each year.
The applicant has requested that dwellings be allowed to front on streets, alleys, parking
areas, open space, courtyards, or private street as approved by the Transportation
Department Director (Textual Statement). Access by means other than public streets may
require construction as a fire lane in accordance with the 2003 International Fire Code.
This requirement will be evaluated at the time of plans review.
The applicant has given the Fire Department two (2) options to address the impacts on
this development on fire and EMS facilities. The first is to accept full cash proffers for
each dwelling unit. The second is that the developer will proffer to design and construct
one (1) fire station and provide funding for one (1) fire truck. (Proffered Condition 13 . C)
The Midlothian Fire Station, Company 5, and Swift Creek Fire Station, Company 16
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.
~chnnl~~
Approximately 2,715 (Elementary: 1219, Middle: 609, High: 886) students will be
generated by this development. This site lies in two elementary zones: Watkins
Elementary School attendance zone: capacity - 752, enrollment - 822 and Evergreen
Elementary School zone: capacity - 986, enrollment - 928; Midlothian Middle School:
capacity - 1,322, enrollment - 1,507; and Midlothian High School: capacity - 1,600,
enrollment -1,453. The enrollment is based on October 1, 2007 and the capacity is as of
2007-2008. This request will have a very major impact on the elementary and secondary
26 07SN0223 JUL30-BOS-RPT
level. There are currently eight (8) trailers at Watkins Elementary, three (3) trailers at
Evergreen Elementary and twelve (12) trailers at Midlothian Middle.
The current Capital Improvement Program and Public Facilities Plan are being updated
and will propose new facilities in this area of the county. Increased capacity for this area
will be provided by additions for Midlothian Middle in 2011 and Watkins and Midlothian
High in 2012. This case combined with other residential developments and zoning cases
in the zones, will continue to push these schools over capacity, necessitating some form
of additional relief in the future.
The applicant has given the school system two (2) options to address the impacts on this
development on school facilities. The first is to accept full cash proffers for each
dwelling unit. The second is that the developer will proffer to design and construct one
(1) elementary school and reserve acreage for the construction of an additional school.
(Proffered Condition 13.A)
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 in this area of the county would most likely impact either the Midlothian
Library or a proposed new branch in the Genito Road area. The Plan indicates a need for
additional library space in this area of the County.
The applicant has given libraries two (2) options to address the impacts on this
development on library facilities. The first is to accept full cash proffers for each
dwelling unit. The second is that the developer will proffer to design and construct one
(1) library. (Proffered Condition 13 .D)
Parks and Recreation:
The applicant has given parks two (2) options to address the impacts on this development
on park facilities. The first is to accept full cash proffers for each dwelling unit. The
second is that the developer will provide a minimum of sixty (60) acres of publicly-
accessiblepark land and four (4) playfields. (Proffered Condition 13.B)
Transportation:
This development proposal will generate approximately 77,000 average daily trips
(ADT), including 5,800 vehicles per hour (VPH) during the morning peak hour and 7,200
VPH during the evening peak hour. This traffic will be distributed to:
Old Hundred Road - 3,010 ADT (2006), Level of Service C
Woolridge Road - 9,300 ADT (2007 -estimate), Level of Service A
Route 288 - 37,772 ADT (2006), Level of Service C
27 07SN0223 JUL30-BOS-RPT
The proposed residential development (5,540 units) is larger than any of the county's
existing developments, such as Brandermill (3,920 units) and Woodlake (2,724 units).
The proposed office/retail development (1.2 million square feet) is approximately the
same size as the existing development in the Boulders Office Park.
The applicant is requesting rezoning of approximately 1,400 acres and plans to develop a
mixture of uses including:
5,540 dwelling units
428,000 square feet of retail uses
769,000 square feet of office
17 acres of parks
2 elementary schools
480 room hotel.
The applicant has submitted a traffic impact analysis (TIA) for an examination of the
site's traffic at build-out, as well as the traffic that could be generated by other
developments in the area, including Centerpointe, Waterford, Acropolis and Watkins
Centre. According to the TIA, the planned area road network, as analyzed, is capable of
handling the traffic anticipated to be generated by this development (Figures 31 and 31 A
-Attached). The applicant was not requested to analyze Route 60 through the Village of
Midlothian, as widening through the Village of Midlothian conflicts with the spirit and
intent of the Midlothian Area Community Plan. The Plan recommends enhancement of
Midlothian by maintaining its "Village" characteristics and specifically states: "Potential
for widening Route 60 is limited between Old Buckingham and Winterfield Roads." This
section of Route 60 is currently functioning at an acceptable level (Level of Service D);
however, significant congestion is likely to occur in the future without additional road
improvements. The TIA also showed that Route 288 will need to be widened to six (6)
lanes in the future and loops will need to be provided at the Woolridge Road interchange.
The applicant was not requested to provide these improvements to Route 288. The
applicant has proffered to limit development on the property to the densities analyzed in
the TIA. (Proffered Condition 3)
The applicant has proffered to dedicate rights of way through and adj acent to the property
in accordance with the Thoroughfare Plan (Proffered Condition 4). Access to roads
identified on the Thoroughfare Plan should be controlled. The applicant has proffered
that vehicular access from the property to these roads will conform to Exhibit D.
(Proffered Condition 5)
The following customary on-site road improvements have been proffered (Proffered
Condition 6):
1) construction of Woolridge Road Extended as a six-lane, divided facility
through the property, unless future traffic studies demonstrate that only
four lanes are necessary;
28 07SN0223 JUL30-BOS-RPT
2) construction of two lanes of an east/west major arterial ("Roseland
Avenue") through the property;
3) construction of two (2) lanes of Watkins Center Parkway Relocated
through the property;
4) construction of turn lanes based on Transportation Department standards,
5) improving/widening Old Hundred Road adjacent to the property; and
6) signalization of maj or intersections.
The applicant has proffered to submit a phasing plan, with supporting traffic analysis, for
these road improvements. If the applicant proposes to initially access the property from
Old Hundred Road, the Transportation Department will require that all of the proffered
improvements to Old Hundred Road be provided in conjunction with that initial
development. The amount of development that occurs with sole access to Old Hundred
Road should be kept to a minimum.
A development of this magnitude will have significant traffic impacts beyond the
immediate road network in the area. Additional growth anticipated in the area will also
impact the road network. The applicant has proffered to contribute cash, in an amount
consistent with the Board of Supervisors' Policy, towards addressing the traffic impact of
this request. Per Proffered Condition 13.E, the applicant could receive credit and/or
reimbursement for providing certain off site road improvements. The applicant is not
obligated to provide any of the off site improvements. These off site improvements are
listed below along with their estimated construction costs.
1) Reconstruction of Old Hundred Road from Route 60 to the Norfolk
Southern Railroad tracks. $6,400,000
2) Construction of two (2) additional lanes of Woolridge Road Extended
from Old Hundred Road to Watermill Parkway. $13,800,000
3) Construction of two (2) lanes of Powhite Parkway Extended from
Watermill Parkway to Woolridge Road Extended. $5,600,000
4) Reconstruction of the intersection of Watermill Parkway and Powhite
Parkway Extended. $1,000,000
If approved by the Transportation Department and upon completion of each
improvement, the applicant would receive a credit and/or cash reimbursement, in the
amounts identified above, for providing each off site improvement. (Proffered Condition
14)
The Virginia Department of Transportation (VDOT) is in the process of implementing
their new Chapter 527 regulations. The regulations require developers to submit traffic
impact analyses to VDOT for their review and approval. The applicant has worked with
both VDOT and the county on the TIA for this request. At this time, it is uncertain what
29 07SN0223 JUL30-BOS-RPT
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 5,540.00 1.00
Population Increase 14,902.60 2.69
Number of New Students
Elementary 1218.80 0.22
Middle 609.40 0.11
High 886.40 0.16
TOTAL 2,714.60 0.49
Net Cost for Schools $45,139,920 $8,148
Net Cost for Parks 6,260,200 1,130
Net Cost for Libraries 1,407,160 254
Net Cost for Fire Stations 3,080,240 556
Average Net Cost for Roads 76,845,340 13,871
TOTAL NET COST $132,732,680 $23,959
Based on a proffered maximum yield for principal and secondary dwelling units. The actual
number of lots and corresponding impact may vary. (Proffered Condition 9)
As noted, this proposed development would have an impact on capital facilities. At the time that
this rezoning application was submitted, the calculated fiscal impact of every new dwelling unit
on schools, roads, parks, libraries, and fire stations was $15,648 per unit. Effective July 1, 2008
the maximum per-dwelling-unit cash proffer was increased to $18,080. The applicant has been
advised that a maximum cash proffer of $18,080 per unit would defray the cost of the capital
facilities necessitated by this proposed development.
Consistent with the Board of Supervisors' policy, and proffers accepted from other applicants,
the applicant has offered language that proffers cash and/or improvements that are equivalent to
$18,080 per dwelling unit to assist in defraying the cost of this proposed zoning on such capital
facilities. It should be noted that if the county considers the option to have the applicant provide
capital improvements in lieu of cash proffers, private ownership of the proposed park facilities
and parking at the library facility remain areas of concern. (Proffered Condition 13)
30 07SN0223 JUL30-BOS-RPT
It should also be noted that while the option to pay cash on a per dwelling unit basis adequately
addresses the impact of this proposed development on all categories of capital facilities, the
alternative proffer to provide facilities could be improved by addressing staff's remaining
concerns.
Note that circumstances relevant to this case, as presented by the applicant, have been reviewed
and it has been determined that it is appropriate to accept the maximum cash proffer in this case.
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.
T . ANTI T TCF.
Comprehensive Plan:
A portion of the property lies within the boundaries of the Route 288 Corridor Plan which
suggests the property is appropriate for office/residential mixed use, regional
employment center and residential use of 1 to 2 dwellings per acre.
A portion of the property also lies within the boundaries of the Upper Swift Creek Plan.
On June 25, 2008, the Board of Supervisors adopted amendments to the Upper Swift
Creek Plan. These amendments addressed levels of service standards for schools, fire
and emergency services; road infrastructure needs; water quality; and a growth
management boundary. This application was filed prior to the Board's adoption of the
amended Plan. As such, staff s evaluation of this portion of request is based upon the
previous Upper Swift Creek Plan in effect prior to these amendments. This previous Plan
suggests this portion of the property is appropriate for single family residential use of 2.0
units per acre or ess.
Area Development Trends:
Area properties to the north are zoned Agricultural (A) and General Industrial (I-2) as
part of the County's proactive rezoning for regional employment and are occupied by
single family dwellings or are currently vacant. Properties to the south are zoned
Agricultural (A), Corporate Office (0-2) and Community Business (C-3) and are part of
the Centerpointe and Watermill developments or are currently vacant. Properties to the
east and west are zoned residentially and are developed as the Hallsley and North
Hundred Subdivisions and subdivisions within the Charter Colony project. It is
anticipated that residential uses will continue south and west of the request property, with
a mix of office and residential to the southeast and regional employment center uses to
the north and northeast, as suggested by the Plans.
31 07SN0223 JUL30-BOS-RPT
Site Design:
The property is proposed for a mix of residential, commercial, office and light industrial
uses. The development will have a traditional neighborhood design, with a mix of
residential and non-residential uses within blocks anlor buildings along interconnecting
streets. Development will have a pedestrian emphasis, with buildings located close to
sidewalks, and will incorporate street trees, open spaces and alleys serving the rears of
many of the uses.
The property is divided into seven (7) development tracts (Attachment). Uses and
development standards will be as described in the Textual Statement and the proffered
conditions. Prior to development, a conceptual development plan must be submitted for
the Planning Commission's consideration for each Tract that contains a mixture of
residential and non-residential uses. Through this consideration, conditions may be
imposed to address the location, transition, compatibility of uses and other guarantees to
insure a traditional development design. (Proffered Condition 1)
The boundaries and sizes of these tracts may be modified provided their relationship with
each other and any adjacent properties is maintained. (Textual Statement II.B)
Unless specifically regulated by the Textual Statement, the development of all Tracts
except for the East Park Tract must comply with the Zoning Ordinance for the underlying
zoning districts (Emerging Growth District standards for Community Business (C-3) uses
on the portion of property proposed for C-3 zoning and Residential Townhouse (R-TH)
uses on the portion proposed for R-TH). The East Park Tract will be subject to Zoning
Ordinance requirements for Regional Employment Districts except as outlined in the
proffers and Textual Statement.
Uses Permitted in all Tracts:
Passive and active recreational uses limited to facilities and uses that primarily serve the
surrounding residential community would be permitted within all Tracts. The Textual
Statement provides for setbacks, buffers and other restrictions to minimize the impact of
such uses on adjoining properties designated on the Plan for residential development.
(Textual Statement III . G)
Residential Uses and Densities:
With the exception of the North Park Tract, residential uses are permitted throughout the
development. Proffered Condition 9.A. provides for a maximum of 5,140 principal
dwelling units. Of these principal dwelling units, a maximum of 1,247 would be located
in the North Hallsley and West Park Tracts. (Proffered Condition 9.C)
In addition, a maximum of 400 secondary dwelling units (Carriage Houses) would be
permitted in association with the principal dwellings (Proffered Condition 9.B). These
units would be permitted within the same building as the principal dwelling or in a
32 07SN0223 JUL30-BOS-RPT
structure separated from the principal dwelling unit, each limited to 600 square feet of
floor area. (Textual Statement IV.A.I .h)
A variety of residential units and /or lot types are proposed. These include single family,
townhouse and multifamily residential uses, live/work units which permit commercial or
office uses on the first floor of townhouse units, carriage houses, mixed use buildings
accommodating multifamily residential uses on upper floors and independent and assisted
living facilities.
Commercial, Office and Industrial Uses and Densities:
Although limited non-residential uses are permitted throughout the development, three
(3) tracts serve as the primary focus for such uses. Proffered Condition 9.D. provides for
a minimum of 500,000 gross square feet of non-residential uses. Of this, a minimum of
400,000 gross square feet would be within the North Park Tract, located at the Route
288/North Woolridge Road interchange. Further, a minimum of 40,000 gross square feet
would be under construction in the adjacent Old Town Tract prior to the development of
fifty (50) principal dwelling units in that tract, exclusive of units in mixed use buildings
(Proffered Condition 9.E). The Hallsboro Station Tract, located adjacent to the Norfolk
Southern Railroad, represents the third possible location for a variety of freestanding
commercial uses. (Textual Statement IV.G)
Proffered Condition 9.F. limits the total gross square footage of retail uses within North
Park, thereby ensuring that this tract is primarily developed for regional employment
(office and light industrial) uses.
Sidewalks, Street Trees and Open Spaces:
To promote the pedestrian emphasis of the development, sidewalks and street trees are
generally provided along both sides of public streets where buildings front. (Textual
Statement III.C and D)
A minimum of 350 acres of open space (of which, 200 acres would be non-RPA) will be
provided throughout the development to include active and passive recreational areas,
neighborhood parks, trails, landscaped setbacks and medians, creeks and ponds. (Textual
Statement III.F)
Par ink:
The Textual Statement identifies flexibility in parking standards for both residential and
non-residential development to accommodate the traditional neighborhood design and to
minimize the exposure of larger parking areas from public streets. (Textual Statement
III.E)
33 07SN0223 JUL30-BOS-RPT
Age Restriction:
Proffered Condition 10 and 11 provide for the option of limiting occupancy of some or
all of the proposed dwelling units to "housing for older persons" as defined in the
Virginia Fair Housing Law. While during the initial marketing of the project this
restriction may be clear to prospective occupants, there is a risk that long-term, dwelling
units may be sold or rented to individuals that do not meet this age-restriction. Given
staff s inability to pro-actively enforce this condition prior to the purchase and occupancy
of dwelling units, staff recommends that these proffers not be accepted.
Restrictive Covenants:
Recordation of restrictive covenants has been proffered which address architectural
treatment and review. No specific language for these covenants has been provided. It
should be noted that the County will only ensure the recordation of covenants that speak
to architectural treatment and review and will not be responsible for their content (other
than ensuring no conflicts with conditions of zoning and Code requirements) nor
enforcement. Once recorded, the covenants may be changed. (Proffered Condition 16)
CONCLUSIONS
The proposed zoning and land uses conform to the Route 288 Corridor Plan which suggests a
mix of office and residential uses, regional employment center and residential use of one (1) to
two (2) dwelling units per acre and the Upper Swift Creek Plan which suggests residential use of
two (2) units per acre or ess.
The proffered conditions adequately address the impacts of this development on necessary
capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the
needs for roads, schools, parks, libraries and fire stations is identified in the Public Facilities
Plan, the Thoroughfare Plan and the Capital Improvement Program, and the impact of this
development is discussed herein. The applicant has addressed the impacts, thereby insuring
adequate service levels are maintained and protecting the health, safety and welfare of County
citizens.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (2/20/07):
The Commission deferred this case to their May 15, 2007 public hearing, sixty (60) days
at the applicant's request and thirty (30) days on their own motion.
34 07SN0223 JUL30-BOS-RPT
Staff (2/22/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than March 12, 2007 for consideration at the Commission's
May public hearing. The applicant was also advised that a $250.00 deferral fee was due.
Applicant (5/14/07):
The deferral fee was paid.
Planning Commission Meeting (5/15/07):
At the request of the applicant, the Commission deferred this case to their July 17, 2007
meeting.
Staff (5/16/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than May 21, 2007 for consideration at the Commission's
May public hearing. The applicant was also advised that a $250.00 deferral fee was due.
Applicant (6/13/07):
A revised textual statement was submitted.
Applicant (6/26/07):
The application was amended.
Applicant (7/ 11 /07)
The deferral fee was paid.
Applicant (7/ 10/07 and 7/ 11 /07)
Revised draft proffered conditions were submitted. The deferral fee was paid.
35 07SN0223 JUL30-BOS-RPT
Planning Commission Meeting (7/17/07):
The Commission deferred this case to their July 17, 2007, meeting, thirty (30) days at the
applicant's request and thirty (30) days on their own motion.
Staff (7/ 18/07)
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than July 23, 2007 for consideration at the Commission's
September public hearing. The applicant was also advised that a $500.00 deferral fee
was due.
Applicant (7/20/07):
Revised textual statement and revised draft proffered conditions were submitted.
Applicant (8/24/07):
Revised proffered conditions were submitted.
Staff (8/29/07):
To date, the deferral fee has not been paid.
Applicant (9/6/07):
The deferral fee was paid.
Applicant (9/14/07):
Revised draft proffered conditions, textual statement and an exhibit were submitted.
Planning Commission Meeting (9/18/07):
On their own motion, the Commission deferred this case to October 16, 2007.
36 07SN0223 JUL30-BOS-RPT
Staff (9/19/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than September 24, 2007 for consideration at the
Commission's October 16, 2007 public hearing.
Applicant (10/3/07,10/4/07,10/15/07 and 10/16/07):
Revised proffered conditions, textual statement and exhibits were submitted.
Planning Commission Meeting (10/16/07):
The applicant did not accept the recommendation. There was opposition and support
present. Those opposed expressed concerns specific to the North Park and Old Town
Tracts relative to their impact on the adjacent residential development to the east (Charter
Colony). Specifically issues raised included proposed uses, building height, transition,
safety, lighting, noise, traffic and lack of community awareness of the proposal. Those in
support noted the project represented good traditional neighborhood design and
complimented existing and future area development within the Route 60/288 Corridor.
Mr. Bass indicated that he was satisfied the applicant had properly notified area property
owners through numerous community meetings and open houses.
Messrs. Gecker, Gulley and Bass indicated that the proposal represented a quality
development and a unique opportunity for the County; the late submittal of changes to the
case did not permit time for adequate review and recommendations; the Commission no
longer had time to defer the case on their own motion; and the applicant was unwilling to
defer the case.
Mr. Gecker expressed concern relative to the applicant not adequately addressing impacts
on capital facilities and the lack of adequate water storage indicated growth beyond the
ability of the County's infrastructure to accommodate the growth.
Mr. Gulley noted that details relative to development adjacent to Charter Colony still
needed to be resolved.
On a motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended denial.
AYES: Messrs. Gecker, Gulley and Bass.
NAY: Mr. Litton.
ABSTENTION: Mr. Wilson.
37 07SN0223 JUL30-BOS-RPT
Applicant (10/23/07):
Revised proffered conditions regarding water storage were submitted. Also, the textual
statement was revised to address heights of structures in proximity to Charter Colony and
language regarding Carriage Houses.
Board of Supervisors' Meeting (10/24/07):
At the request of the applicant, the Board deferred this case to their November 28, 2007
public hearing.
Staff (10/26/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than October 30, 2007 for consideration at the Board's
November public hearing.
Also, the applicant was advised that a $500.00 deferral fee was due.
Applicant (10/25/07):
The deferral fee was paid.
Applicant (11/6/07):
Revised proffered conditions regarding water quality were submitted.
Board of Supervisors' Meeting (11/28/07):
This case was carried over to the Board's January 9, 2008, 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.
Applicant (12/10/07):
Revised proffered conditions and textual statement were submitted.
38 07SN0223 JUL30-BOS-RPT
Board of Supervisors' Meeting (1/9/08):
On their own motion, the Board of Supervisors remanded this case to the Planning
Commission.
Staff (1/10/08):
Based upon the applicant's indication that no new or revised information was
forthcoming, this case was scheduled for consideration at the Commission's February 19,
2008 public hearing.
Applicant (1/31/08):
Revised proffered conditions were submitted.
Planning Commission Meeting (2/19/08):
Mr. Bass expressed concerns regarding pending state legislation that would affect the
case and off site improvements offered in this case.
On their own motion, the Commission deferred this case to March 18, 2008.
Applicant (2/20/08):
Revised proffered conditions and textual statement were submitted.
Staff (2/21/08):
The applicant 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 public hearing.
Staff (2/26/08):
To date, no new information has been submitted.
39 07SN0223 JUL30-BOS-RPT
Planning Commission Meeting (3/18/08):
Mr. Bass requested that the Commission defer this case given the pending amendments to
the Upper Swift Creek Plan Amendment, the Public Facilities Plan and the Zoning
Ordinance regarding Traditional Neighborhood Design. The applicant did not accept the
request for deferral of the case. There was support and opposition present to the deferral.
Those supportive of the deferral noted the postponement appropriate given pending
amendments to the Upper Swift Creek Plan and further review by the School Board.
Those opposed to the deferral indicated the case was complete; well-thought out; and a
model for smart growth.
A motion of Mr. Bass to defer the case to the Commission's May 20, 2008 public hearing
failed for lack of a second. A public hearing followed.
The applicant accepted the recommendation. There was support and opposition present.
Those in support noted the project was innovative and environmentally-sensitive;
promoted sustainable neighborhoods with future reinvestment; attracted corporate
investment; and provided proffers to improve area infrastructure. Those opposed
indicated a lack of road improvements to Hallsboro Road; stress on infrastructure;
absence of proffers for green buildings; high density; and need to delay until
consideration of pending amendments to the Upper Swift Creek Plan Amendment.
Mr. Bass noted concerns with school proffers relative to absence of minimum acreage,
capacity below typical facilities and limitations on type of school. He also indicated a
need to provide additional open space outside of Resource Protection Areas and to
remove reference to maximum phosphorus levels in the stormwater management proffer.
Mr. Bass requested, and the applicant agreed, that a letter be sent to those area property
owners who maybe affected by a water line extension to this development.
Mr. Waller indicated that he, Mr. Bass and the applicant had worked diligently to address
concerns; that the case was supported by staff; and that he intended to also support the
request.
Mr. Hassen noted that Mr. Bass had worked hard on the case; that a deferral would be of
no benefit; and that the pending Plan amendments should not affect the Commission's
decision.
Mr. Gulley stated that he previously did not support the case as it was not ready; that the
efforts of Mr. Bass produced a sound case; that the project was well-planned and
represented smart development; and that he was satisfied with the environmental proffers.
40 07SN0223 JUL30-BOS-RPT
On a motion of Mr. Waller, seconded by Dr. Brown, the Commission recommended
approval of this request and acceptance of the proffered conditions on pages 2 through
21.
AYES: Messrs. Gulley, Brown, Hassen and Waller.
NAY: Mr. Bass.
Board of Supervisors' Meeting (4/23/08):
The applicant accepted the recommendation. There was support and opposition present.
Those in support noted the project exemplified smart growth and would attract corporate
investment to the County. Those opposed indicated a preference to delay action on the
case given pending amendments to the Upper Swift Creek Plan; a lack of road
improvements to Hallsboro Road; and the need for better communication with the
adjacent Charter Colony community.
Ms. Durfee noted her support for responsible growth with the need to be cautious relative
to the details of the case; that further evaluation of school facilities, economic
development opportunities and open space provisions are needed; that the standards of
the pending Traditional Neighborhood Development (TND) Ordinance amendment are
met; that the development be properly phased; and that a community meeting with
residents of Charter Colony be held prior to the Board's decision. Ms. Durfee noted the
case should be deferred a minimum of ninety (90) days to resolve outstanding issues.
Messrs. Warren, Gecker and Holland indicated support for Ms. Durfee's request for
deferral.
Ms. Jaeckle noted preference for shorter deferral time with concerns that a longer deferral
may affect business decisions relative to location in this area.
On their own motion, the Board deferred this case to July 30, 2008.
Staff (4/24/08):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than May 7, 2008 for consideration at the Board's July 30,
2008 public hearing.
Applicant, Charter Colony Residents, Staff and the Matoaca District Board of Supervisors'
Member (6/10/08):
A community meeting was held to discuss this case. Concerns were expressed relative
building heights, location of roads, lighting, size of hotel use, buffers and building
41 07SN0223 JUL30-BOS-RPT
setbacks in proximity to Charter Colony; the traffic capacity of Charter Colony Parkway;
permitted non-residential uses; location of proposed schools; and phasing of
development.
It was generally agreed that a smaller group of Charter Colony residents would meet with
staff to clarify concerns, resulting in an additional meeting with the applicant to discuss
t ese Issues.
Staff (6/12/08 and 6/19/08):
Staff contacted Charter Colony representatives to schedule a meeting as a follow-up to
the June 10, 2008 community meeting.
Staff (6/20/08):
To date, staff awaits contact from Charter Colony representatives relative to scheduling a
meeting ate.
No new information has been submitted.
Charter Colony Representatives and Staff (7/3/08):
A meeting was held to discuss this case. Discussion focused on the proposed
development within the Old Town and North Park tracts. Concerns were expressed
relative to building heights, hours of operation, noise and hotel size within proximity of
Charter Colony.
It was generally agreed that staff would convey this list of concerns to the applicant.
Staff (7/7/08):
A list of concerns expressed by the Charter Colony representatives at the July 3, 2008
meeting was forwarded to the applicant.
Applicant (7/11/08):
Revised proffered conditions and textual statement were submitted.
42 07SN0223 JUL30-BOS-RPT
Applicant (7/23/08):
Revised proffered conditions were submitted.
The Board of Supervisors, on Wednesday, July 30, 2008, beginning at 6:30 p.m., will take under
consideration this request.
43 07SN0223 JUL30-BOS-RPT
Roseland
Textual Statement
This application contains one (1) exhibit described as follows:
Exhibit A-1-Plan titled "Roseland Tracts," (the "Tract Plan"), prepared by Timmons and last
revised June 13, 2007.
I. Rezone. Rezone 13 94.9 acres (the "Property") from A and I-1 to R-TH and C-3 with
a Conditional Use (to permit residential multi-family and townhouse uses in the C-3
area) and Conditional Use Planned Development ("CUPD") on the whole Property (to
permit exceptions to Ordinance requirements as set forth below).
II. General Conditions.
A. The development shall have a traditional neighborhood development design
with a mix of residential and non-residential uses within blocks and/or within
buildings, buildings located close to the sidewalks and other buildings, the
streets lined with trees and sidewalks, on-street parking, open spaces integrated
into the community, and alleys serving the rear of many of the uses.
B. To accommodate the orderly development of the Property, the Tracts shall be
located as generally depicted on the Tract Plan, but their location and size,
including further divisions into Sub-Tracts (a designated portion of a Tract),
maybe modified (such as moving the location of a Tract boundary) so long as
the parcels generally maintain their relationship with each other and any
adjacent properties. A plan for Tract modification shall be submitted to the
Planning Department for review and approval. Such plan shall be subj ect to
appeal in accordance with the provisions of the Zoning Ordinance for Site Plan
appeals. Sub-Tract divisions maybe created at the time of Tentative
Subdivision or Site Plan approval and shall not require a separate review as a
Tract modification, provided there is no adjustment in the overall Tract
boundary.
C. Development within Tracts shall be generally comprised of interconnected
streets with parking spaces located along streets or located in courtyards as
further described herein. There shall be a pedestrian emphasis throughout the
project.
III. Requirements and Exceptions for All Tracts.
A. Bulk Regulations and Development Standards.
Except as maybe set forth in this Textual Statement or the Proffers, there shall
be no minimum lot area, no percent of lot coverage, no minimum parcel size,
no lot width, no yards (front, corner, corner side, through lots, rear, side) or
setbacks (including setbacks from interior private driveways, parking areas, or
streets), no density requirements, no height requirements, no required variation
in front yard, no frontage requirements, no buffers between uses and along
streets, and no set number of dwelling units on any one floor.
B. Public Streets.
Generally, streets used for general circulation shall be public; however, in
instances where the state road design standards conflict with the vision and
commitments for Roseland, and where required modification of those state
street standards are unacceptable to VDOT, the Chesterfield County Director
of Transportation may approve private streets.
C. Sidewalks.
Sidewalks shall be located on both sides of public streets where buildings
front.
D. Street Trees.
Street trees shall be planted or retained along each side of all public streets
where buildings front, except that if any building fronts on open space, passive
recreation areas, lakes, or parks, street trees shall not be required.
Modifications to the Zoning Ordinance street tree requirements shall be
permitted at the time of site plan or subdivision review subj ect to Planning
Department approval provided the modification is for the purpose of providing
stormwater management facilities or structures, such as Low Impact
Development techniques.
E. Parking.
1. Except for "housing for older persons" and Live/Work Units,
residential units shall provide parking based on 1.75 spaces per
dwelling unit.
2. "Housing for older persons" shall provide parking based on 1.2 spaces
per dwelling unit.
2
3. Live/Work Units shall provide parking based on 2.5 spaces per
dwelling unit. There shall be no additional parking requirement for the
first floor area devoted to commercial or office uses.
4. Commercial and/or office uses, including those located inmixed-use
buildings (except Live/Work Units), shall provide parking based on 3.4
spaces/1,000 gross floor area.
5. Any use not specifically delineated in this section shall provide parking
as set forth in the Chesterfield County Zoning Ordinance.
6. On-street parking shall generally be permitted on all public streets.
Where on-street parking is permitted by VDOT and CDOT, those
spaces shall be counted towards the required number of parking spaces
for all uses. All parking spaces within structured parking shall be
counted towards the required number of parking spaces for all uses.
Any private garage parking or other type of enclosed and/or covered
parking area shall be counted toward the calculation of the required
parking spaces, including tandem garage spaces.
7. Parking maybe further reduced based on Zoning Ordinance Section
19-512.
8. Parking shall not be required on each parcel or site where the use is
located, but rather may be provided off site, including on-street
parking, subject to approval at the time of plans review, which may
include requirements for easements.
9. Parking lots designed for parking often (10) or more cars, except for
on-street parking, shall be located so as minimize their exposure to
public streets, and shall be generally located no closer to rights-of way
than the fronts of buildings.
F. Open Space.
1. Open space shall be provided throughout the Property, including the
areas along the creek beds and external rights-of way. These areas may
include the open space listed below; landscaped setbacks and boulevard
medians; creeks, ponds, and trails; active and passive recreational
areas, and neighborhood parks. A minimum of three hundred and fifty
(350) acres of open space shall be provided on the Property, of which,
two hundred acres (200) shall benon-RPA. Of that minimum, open
space shall be provided within each Tract as further specified. The
minimums set forth below may not equal the total open space
requirement set forth in this proffer.
2. Within Old Town, a minimum of five (5) acres shall be devoted to open
space. Of this open space, a minimum of two (2) acres shall be
designed to accommodate public gatherings and shall include, but not
limited to, at least one of the following facilities: pavilions, plazas,
squares, courtyards, parks, gardens, gazebos, and amphitheatres.
3 . Within North Park, a minimum of ten (10) acres shall be devoted to
open space. Of this open space, a minimum of two (2) acres shall be
designed to accommodate public gatherings and shall include, but not
limited to, at least one of the following facilities: trails, hardscaped
areas with benches, and plazas.
4. Within Roseland Village, a minimum of seventy-five (75) acres shall
be devoted to open space. Of this open space, a minimum of fifteen
(15) acres shall be designed to accommodate public gatherings and
shall include, but not limited to, at least one of the following facilities:
neighborhood parks, tot lots, trails, and recreational facilities. This
acreage is inclusive of the acreage described in Proffered Condition
1 l.B.ii. (Roseland Park).
5. Within East Park, a minimum of ten (10) acres shall be devoted to open
space. Of this open space, a minimum of three (3) acres shall be
designed to accommodate public gatherings and shall include, but not
limited to, at least one of the following facilities: neighborhood parks,
tot lots, trails, and recreational facilities.
6. Within West Park, a minimum of seventy (70) acres shall be devoted to
open space. Of this open space, a minimum of fifteen (15) acres shall
be designed to accommodate public gatherings and shall include, but
not limited to, at least one of the following facilities: neighborhood
parks, tot lots, trails, and recreational facilities.
7. Within North Hallsley, a minimum of seventy (70) acres shall be
devoted to open space. Of this open space, a minimum of fifteen (15)
acres shall be designed to accommodate public gatherings and shall
include, but not limited to, at least one of the following facilities:
neighborhood parks, tot lots, trails, and recreational facilities.
8. Within Hallsboro Station, a minimum of two (2) acres shall be devoted
to open space. Of this open space, a minimum of one (1) acre shall be
designed to accommodate public gatherings and shall include, but not
limited to, at least one of the following facilities: plazas, courtyards,
squares, parks, gardens, gazebos, and farmers markets.
G. Recreational Facilities
1. Community recreational facilities shall be permitted for use by the
community. Separate recreation areas for the various types of
residential units are not required. The recreational uses shall be limited
to facilities and uses that primarily serve the surrounding residential
4
community including but not limited to passive recreation (i.e.: formal
courtyards, parks, plazas, tot-lots, mews, picnic areas, trails, paths,
sidewalks, ponds, open space, and vistas) and active facilities (i.e.:
swimming pools, outdoor courts, amphitheaters, and clubhouses).
2. Outdoor play fields, outdoor courts, swimming pools, and similar
active recreational areas facilities shall be located a minimum of 100
feet from adjacent property external to the Roseland development and
designated by the Comprehensive Plan for residential development.
Such active recreation facilities shall be located a minimum of fifty
(50) feet from existing or proposed public streets. Within the 100-foot
setback from external properties, a fifty (50) foot buffer shall be
provided along the perimeter of all active recreational facilities except
where adjacent to any existing or proposed streets. This buffer shall
conform to the requirements of the Zoning Ordinance for fifty (50) foot
buffers. These buffers and setbacks may be reduced by the Planning
Commission at the time of plan review. Such setbacks and buffers
shall not apply to passive recreational uses or playground areas which
accommodate swings, jungle gyms or similar such facilities.
3. Any playground areas (i.e., areas accommodating swings, jungle gyms
or similar such facilities) shall be located a minimum of forty (40) feet
from adjacent property external to the Roseland development and
designated by the Comprehensive Plan for residential development.
Within this forty (40) foot setback, a buffer (which maybe less than
40' in width) shall be provided along the perimeter of these recreational
facilities except where adjacent to any existing or proposed streets.
This buffer shall conform to the requirements (except in width) of the
Zoning Ordinance for fifty (50) foot buffers. These buffers and
setbacks maybe reduced by the Planning Commission at the time of
pan review.
H. Propagation and cultivation of crops, flowers, trees, and shrubs that are not
offered for sale, within the open space that is owned, operated, and maintained
by a community association, including accessory structures related to such
uses.
I. Schools, public and private.
J. Churches, places of worship, and associated facilities.
K. Mass transportation including but not limited to bus, van, railroad, and other
such types of mass transportation, including their associated facilities and
structures.
5
IV. Requirements and Exceptions for Specific Tracts.
A. Old Town.
1. Permitted uses shall be limited to:
a. In addition to the uses specified in Section III, uses permitted by
right and with certain restrictions in the Community Business
(C-3) District, except that the following uses shall not be
permltte
(i) Feed, seed and ice sales.
..
(11) Fraterna uses.
(111) Indoor flea markets.
(iv) Kennels, commercial.
(v) Material reclamation receiving centers.
(vi) Motor vehicle sales and rental.
(vii) Taxidermies.
b. Townhouses, defined as dwelling units located on individual
lots.
c. Multifamily, defined as dwelling units not located on individual
lots.
d. Model homes, in accordance with Zoning Ordinance Section
19-65(a).
e. Live/Work Units, defined as Townhouses with first floor
commercial or office uses with a residential unit on the upper
floor(s). The first floor maybe occupied by a different user
than the occupant of the upper floors.
f. Public and private profit-making clubs.
g. Mixed-Use Buildings, defined as multi-story buildings that
accommodate a combination of commercial and/or office and/or
residential uses within the same structure.
6
h. Carriage House, defined as:
(i) A structure that may or may not be detached from the
principal dwelling unit, either a detached single family
residential dwelling unit or a townhouse.
(11) No more than one (1) Carriage House shall be permitted
in association with a principal dwelling unit.
(111) A maximum of two (2) detached Carriage Houses may
be attached to each other.
(iv) The uses within a Carriage House shall be limited to:
(a) One (1) single family residential unit with a
maximum of six hundred (600) square feet gross
floor area.
(b) One (1) commercial or office use, as set forth in
Roseland Village, and limited to one (1) floor
only.
(c) A combination of a. and b. provided the
residential component is located on the upper
floor (half or full story)
1. Farmers mar et.
j . Accessory uses permitted in the R-TH, R-MF, and C-3 Zoning
Districts, except as restricted herein.
k. Satellite dishes.
1. Alcoholic beverages sales for on-premises consumption shall be
permitted as an accessory use, except there shall not be any
limit as to its location of such uses.
m. Home occupations, as set forth in the Zoning Ordinance.
2. Requirements.
a. Except as set forth below, the maximum height for Mixed-Use
Buildings, hotels, and offices shall be the lesser of ' (®)
stories or )feet.
The maximum height for all other uses shall be the lesser of
four (4) stories or fifty-six (56) feet.
b. Structures in Old Town located less than 500 feet of the rear
residential lot lines of the Mallory Village and Sedwick Village
7
Sections of Charter Colony shall be restricted to a height of
three (3) stories or fifty (50) feet, whichever is less.
!® \1"4.77/~1~'714•®[r 141 I 1~/'I TllII741 ~/'i,Nfh"k'a/'1 ~®AII7 i 1 +l Y1lY 1 111111 '1-®®~" !1"C,
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.The height limits set forth herein shall not restrict use of the
roof of amulti-story building for features such as, but not
limited to, patios, decks, or gardens.
. Hotels in Old Town shall be located a minimum of 850 feet
from the rear residential lot lines of the Mallory Village and
Sedwick Village Sections of Charter Colony.
B. North Park.
1. Uses.
a. Uses within North Park shall be limited to those uses permitted
by right or with restrictions in the Neighborhood Business (C-
®2), Light Industrial (I-1), and the Corporate Office (0-2)
Districts, except that the following uses shall not be permitted:
(i) Appliance store.
(11) Communlcatl0n Stud10S, Off1CeS, and Statl0nS, eXCluS1Ve
of towers.
(111) Funeral homes or mortuaries.
(iv) Hospitals.
(v) Motor ve lc e accessory stores.
(vi) Radio, television and other home entertainment, sales
an services.
(vii) Rest, convalescent, or nursing house and other group
care facilities.
(viii) Telephone exchanges.
8
b. Commercial outdoor and indoor recreational uses that
accommodate public gatherings for theatrical, musical, cultural,
or civic activities, concerts, or presentations, or other such
similar events. Such uses may include structures for permanent
or temporary food and beverage sales (including alcohol).
c. Alcoholic beverages sales for on-premises consumption shall be
permitted as an accessory use, and there shall not be any limits
as to the location of such uses.
2. Requirements.
a. Except as set forth below, the maximum height for buildings in
North Park shall be lesser of eight (8) stories or one hundred
and twelve (112) feet.
b. Structures in North Park located less than 500 feet of the rear
residential lot lines of the Mallory Village and Sedwick Village
Sections of Charter Colony shall be restricted to a height of
three (3) stories or fifty (50) feet, whichever is less.
c. Structures in North Park located between 500 feet of
the rear residential lot lines of Mallory Village and Sedwick
Village Sections of Charter Colony shall
be restricted to a height of six (6) stories oreighty-four (84)
feet, whichever is less.
d. The height limits set forth herein shall not restrict use of the
roof of amulti-story building for features such as, but not
limited to, patios, decks, or gardens.
C. Roseland Village.
1. Permitted uses shall be limited to:
a. Detached single family residential dwelling units located on
individual lots.
b. Townhouses, as defined in Old Town.
c. Multi-family, as defined in Old Town.
d. Model homes, in accordance with Zoning Ordinance Section
19-65(a).
e. Bed and breakfast. Abed and breakfast is defined as a building
or group of buildings designed for transient occupancy. The
owner or operator of the bed and breakfast may or may not live
in the bed and breakfast. The bed and breakfast may contain
9
areas for a central kitchen, meeting rooms, dining room,
restaurant, and recreation room. Restaurant facilities and the
grounds maybe open to the general public. Rooms maybe
inside the main building or detached from a main building in
small structures designed to complement the architecture of the
main building.
f. Public and private profit-making clubs.
g. Rest, convalescent or nursing homes and other group care
facilities, including independent and assisted living facilities for
"housing for older persons."
h. Live/Work units defined as either a townhouse or a single
family detached unit with first floor commercial or office uses
with a residential unit on the upper floor(s). The first floor may
be occupied by a different user than the occupant of the upper
floors but limited to the following uses:
(i) Offices.
(11) Art/crafts studio
(111) Barber or beauty shop (no tanning or toning equipment).
(iv) Book store.
(v) Catering establishments.
(vi) Nursery school
(vii) Florist shop.
(Vlll) Interior design/decorating.
(ix) Jewelry, watch, and clock repair and engraving.
(x) Locksmith.
(xi) Eyewear sales and service.
(xii) Nail sculpture, manicurist.
(xiii) Photography studio.
(xiv) Picture framing.
(xv) Restaurants, not including fast food or carry-out
restaurants.
10
(xvi) Tailoring, dressmaking, upholstery shop.
(xvii) Tutoring, education or training.
(xviii) Alcoholic beverages sales for on-premises consumption
shall be permitted as an accessory use, and there shall
not be any limits as to the location of such uses.
i. Carriage House, as defined in Old Town, except that any
commercial or office uses are limited as set forth in paragraph
h. (except restaurants) above.
j . Family day-care homes, provided that no more than five
children exclusive of the provider's own children and any
children who reside in the home receive care at any one time
during a 24-hour day.
k. Farmers market.
1. Accessory uses permitted in the R-TH and R-MF Zoning
Districts.
m. Home occupations, as set forth in the Zoning Ordinance.
D. East Park.
1. Uses.
a. Same uses as in Roseland Village.
b. Uses permitted by right or with restrictions in the Light
Industrial (I-1) District.
2. Requirements.
If residential uses are constructed within 200 feet of the northern or
eastern Property line of East Park, a 100 foot buffer shall be provided
along the Property line. This buffer shall be planted as required in the
Zoning Ordinance for 100 foot buffers and shall be made a part of the
open space owned by the community association. At the time of
tentative subdivision and/or site plan approval if residential uses have
been approved along the adj acent northern or eastern property line, the
buffer shall not be required between the residential uses.
E. West Park.
1. Uses.
11
a. Same uses as in Roseland Village, except IV.C.I.g. shall not be
permitted and a Bed and Breakfast shall be further restricted as
set forth below.
b. Farmsteads - as defined herein.
c. Community agricultural uses, limited to the propagation,
cultivation, and sale of crops, flowers, trees, and shrubs within
open space that is owned, operated and maintained by a
community association (such as a community garden and/or
orchard), including farm accessory buildings and structures.
d. Except for those uses that might be considered accessory to the
permitted uses, the following commercial uses maybe provided
in association with or within the immediate vicinity (within a
1500 foot radius) of the original Roseland house.
(i) Bakery and/or baked goods store.
(11) Bed and breakfast, as defined in Roseland Village.
(111) Book, stationary, newspaper or magazine store.
(iv) Convenience store.
(v) Florist shop.
(vi) Grocery store.
(vii) Restaurant, including carry-out but not fast food.
(viii) Wine and beer shop.
(ix) Alcoholic beverages sales for on-premises consumption
shall be permitted as an accessory use, and there shall
not be any limits as to the location of such uses
2. Requirements
a. Community Agricultural Uses:
(i) The square footage of any buildings or structures
supporting community agricultural uses shall be limited
to a maximum of 5,000 gross square feet each.
(ii) Buildings and structures for community agricultural uses
shall limited to a maximum height of fifty (50) feet.
12
(111) Any buildings or structures for community agricultural
uses shall be set back a minimum of fifty (50) feet from
all property lines not within the development.
(iv) The architectural design of buildings or structures for
community agricultural uses shall reflect the architecture
of farm out-buildings and shall be compatible with the
project's residential development. Compatibility maybe
achieved through the use of similar building massing,
materials, scale, or other architectural features. No
prefabricated metal structures shall be permitted.
b. Farmsteads
(i) Multiple dwelling units on a single parcel that may
include detached single-family units, townhouses, multi-
family, live-work, and carriage houses (all defined in
Roseland Village). Community Agricultural Uses and
open space may also be provided within the Farmsteads.
(ii) The minimum parcel size for a Farmstead shall be two
(2) acres.
(iii) Buildings and structures shall limited to a maximum
height of fifty (50) feet.
c. The Commercial Uses set forth in IV.E.I.d. above:
(i) Unless the uses are located within the original Roseland
house, the commercial uses shall be limited to a total of
40,000 gross square feet. This square footage limit shall
not include any outdoor spaces or facilities.
(ii) A maximum of 15,000 gross square feet shall be
permitted per building.
F. North Hallsley.
1. Uses.
a. Same uses as in Roseland Village, except IV.C.I.g. shall not be
permute .
b. Farmsteads as defined in West Park.
c. Community Agricultural uses as defined in West Park.
2. Restrictions.
13
As set forth in West Park
G. Hallsboro Station.
1. Uses:
a. Any uses permitted by right or with restrictions in the
Neighborhood Business (C-2) District.
b. Townhouses, as defined in Old Town.
c. Multi-family, as defined in Old Town.
d. Carriage House, as defined in Old Town.
e. Live/Work Units as defined in Old Town.
f. Mixed-Use Buildings as defined in Old Town.
g. Farmers market.
h. Hotels, limited to a maximum of sixty (60) rooms.
i. Park and ride lots.
j . Wine and beer shop.
k. Alcoholic beverages sales for on-premises consumption shall be
permitted as an accessory use, and there shall not be any limits
as to the location of such uses.
14123387.26
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