CASE NUMBER: 15SN0656 APPLICANT: Marc Greenberg and Midlothian Land Partnership, LLC CHESTERFIELD COUNTY, VIRGINIA MIDLOTHIAN DISTRICT

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1 CASE NUMBER: 15SN0656 APPLICANT: Marc Greenberg and Midlothian Land Partnership, LLC CHESTERFIELD COUNTY, VIRGINIA MIDLOTHIAN DISTRICT STAFF S ANALYSIS AND RECOMMENDATION Board of Supervisors Hearing: JULY 26, 2017 Board of Supervisors Time Remaining: 365 DAYS Applicant s Agent: ANDREW M. CONDLIN ( ) Applicant s Contact: MARC GREENBERG ( ) Planning Department Case Manager: DARLA ORR ( ) REQUEST 25.4 Acres Midlothian Turnpike Rezoning from Community Business (C-3) to Community Business (C-3) with conditional use planned development to permit multifamily residential uses and exceptions to ordinance requirements. Ordinance exceptions are requested relative to setbacks, buffers, signs, parking and numbers of multi-family units per floor of a building. Notes: A. Conditions may be imposed or the property owner may proffer conditions. B. Proffered conditions, Textual Statement, and exhibits are located in Attachments 1-10 SUMMARY A development (Winterfield Crossing) which would include a mix of commercial, office and 250 senior multi-family residential units is planned. The applicants have offered quality architecture and site design to provide a pedestrian-focused development, commercial uses fronting an internal main street, public gathering spaces, and pedestrian connections within the development and to adjacent properties. Quality materials and building finishes, tree-lined streets, a main street, lakeside promenade and trails to serve as focal points for pedestrian activities, on-street parking, limits on tenant sizes and supplemental landscaping will contribute to the village like design. (Summarized on Pages 5-9). The applicant has proffered to contribute cash payments to address the development s impact on roads, unless construction of a third lane along Route 60 along the property frontage is required. Transportation is not recommending this additional lane be constructed. Providing a FIRST CHOICE community through excellence in public service

2 COMMISSION STAFF DENIAL RECOMMENDATION Proposal does not mitigate traffic impacts specifically attributable to the development Architectural treatment and project design inconsistent with village character PLANNING AND TRANSPORTATION APPROVAL While the multi-family residential use does not comply with the commercial uses recommended by the Comprehensive Plan, the development s pedestrian-focused quality site and architectural plans would achieve a welldesigned, unique and viable high quality place to enhance the community. The Plan encourages new high density and senior housing developments to be located in proximity to supporting office and commercial services. Development s traffic impact will be addressed by providing cash payments or constructing road improvements. Department PARKS AND RECREATION SUMMARY OF IDENTIFIED ISSUES Issue The Public Facilities Plan identifies the need for one Neighborhood Park, 10 acres each, associated with a new Elementary School and four Community Parks, of 90 acres each, consisting of approximately 370 acres in total, all in Midlothian; nearest this location. Land for these parks has not been acquired. 2 15SN JUL26-BOS-RPT

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4 Map 2: Comprehensive Plan MIDLOTHIAN AREA COMMUNITY PLAN Classifications: PLANNED TRANSITION, VILLAGE FRINGE AND SUBURBAN COMMERCIAL Planned Transition Area suggests development of office, medium density and personal service developed on a smaller scale with pedestrian design elements to transition from village Village Fringe Area suggests mixed use development compatible with surrounding neighborhoods and including office, multi-unit housing, community facilities and personal service use Suburban Commercial District suggests retail shopping,, office service and similar uses Map 3: Surrounding Land Uses & Development Norfolk Southern RR Planned multi-family residential Winterfield Rd Single family residential or vacant Commercial and Light Industrial use Midlothian Tpk 4 15SN JUL26-BOS-RPT

5 PLANNING Staff Contact: Darla Orr ( ) Zoning History Case Number 03SN0316 Approved (5/2004) Request Rezoning to Community Business (C-3) with Conditional Use Planned Development on 34.5 acres, of which the subject property is a part, to permit a mixed use development with commercial, office and multi-family residential use (on the portion of the 34.5 acres not included in this request). Conditions of approval included a design manual intended to guide the development with specific site and architectural elements outlined. Approved conditions also addressed tenant size; road improvements; maximum densities for uses (300,000 square feet of commercial use, 10,000 square feet of office use, 18,000 square feet of restaurant use and 251 apartment units); building heights; sidewalks; lighting; use locations, and provided for commercial uses along a main street Proposal According to the applicants, the development (Winterfield Crossing) is intended to host a community to live, work, shop and recreate. Development is intended to focus on public gathering spaces and walkability; commercial uses fronting main street and the lake-front promenade; on-street parking; and quality architectural design, materials and finishes to create a village-like feel that reflects features of the Midlothian Village. The applicants propose commercial, office and multi-family residential uses as identified in the proffered conditions, Textual Statement and Exhibits A, B.1 B.5, C and D (Attachments 1 10). The Conceptual Plan divides the property into five (5) development tracts (or tiers as referenced on Exhibit A Attachment 3). Ordinance Exceptions Given their development proposal, the applicants are requesting exceptions to ordinance standards. The Comprehensive Plan encourages flexibility in typical zoning standards to encourage creative design and a quality development. The modifications requested to the standards of Emerging Growth and Village District Areas and Multi-family Residential (RMF) requirements are provided in the Textual Statement (Attachment 2) and outlined below: Exceptions to permit the multi-family residential use; numbers of multi-family units per floor; and multi-family project acreage Signage (see page 9) Reduced setbacks along the perimeter and throughout the development and reduced buffers Reduced numbers of parking spaces 5 15SN JUL26-BOS-RPT

6 Design Uses - Generally Permitted uses included uses permitted in the Community Business (C-3), Neighborhood Business (C-2), Corporate Office (O-2) and Multi-family Residential (RMF) Districts with specific uses identified for each Tier as outlined below. It is important to note that several automobile-oriented uses such as gasoline and automobile sales and rental, automobile wash, as well as more intense Community Business (C-3) uses, are not permitted. Limitations are established on drive-thru fast food restaurant uses. In addition, any drive-thru windows or vehicular bay doors cannot face Midlothian Turnpike and must be screened. (Textual Statement) Site Layout/Design Generally This mixed use project would be developed according to the Conceptual Plan (Exhibit A Attachment 3). As evidenced by this plan, the development is proposed with an integrated mixture of commercial/office and higher density residential uses with attention to design details important to quality mixed use developments: o Public spaces, pedestrian areas/trails (open spaces designed with high visual interest and amenities to encourage public gathering and overall walkability and bikeability throughout development and between adjacent developments) o Sidewalks and crosswalks (along Midlothian Turnpike and Winterfield Road and internal to project) o Decorative pedestrian-scale goose neck streetlights (along Midlothian and Winterfield Road and internal to project) o Lake to be designed as an amenity, including fountain(s) o Landscaping throughout as required by ordinance and shown on Conceptual Plan and, if approved, landscaping and ornamental features within the round-about on Winterfield Road Architectural Design - Generally Architectural designs include features of the Midlothian Village, and provide a variety of architectural elements, types, textures and colors, and common quality materials, finishes and styles (Exhibits B.1 C, Attachments 4 9). All buildings will incorporate 4-sided equal architecture with no building exterior inferior in materials, quality, appearance or detail to any other building side. Unless otherwise provided in the Special Design Considerations By Tier section below, buildings are limited to four (4) stories in height. In addition, buildings are designed to be comparable throughout the development and complementary to the surrounding community. It is important to note that, in additional to similar architectural elements portrayed on the exhibits, the Zoning Ordinance will require buildings to enhance an overall cohesive character in the development through attention to compatible design elements. Special Design Considerations By Tier Tier 1 o Uses permitted in the Community Business (C-3) District except uses including, although not exclusively, gasoline sales, automobile (including motorcycle) sales and rental, automobile wash, and consignment lots, flea markets, greenhouse, and veterinary hospital with outside runs are prohibited. 6 15SN JUL26-BOS-RPT

7 o An automobile service station (with no gasoline sales or wash) may be permitted provided bay doors do not face Midlothian Turnpike and are screened o No freestanding fast food drive-in/drive-thru restaurants and no gasoline sales to discourage automobile oriented design o Only 1 fast food restaurant with drive-in or drive-thru permitted per building and the building must contain 3 or more tenants. Fast food restaurants without a drive-in or drivethru would be permitted. o Grocery use located on western edge of tier; additional landscaping and design to screen loading dock/areas o Reduced setbacks to increase presence along Midlothian Turnpike o Hedgerow and landscaping to reduce visibility of parking along Midlothian Turnpike o No tenant to exceed 50,000 square feet and only 1 tenant may exceed 30,000 square feet o Grocery store proposed at the western edge of Tier 1 would be consistent with Exhibit B.1 Attachment 4. o Other buildings in Tier 1 would be consistent with Exhibit B.2 and B.3 Attachments 5 and 6, except that facades of buildings facing Main Street will be designed with a storefront appearance (Exhibit B.4 Attachment 7) Tier 2 o Uses permitted in the Neighborhood Business (C-2) and Corporate Office (O-2) Districts except uses including, although not exclusively, gasoline sales, automobile (including motorcycle) sales and rental, and consignment lots, flea markets, greenhouse, and veterinary hospital with outside runs are prohibited. o Commercial/office uses will front Main Street; include pedestrian entrances along Main Street and no service or loading doors/areas along Main Street o Designed to facilitate a pedestrian presence and on-street parking along Main Street o Buildings will be a minimum of two (2) stories or have a two-story façade and at least one building will be a minimum of three (3) stories o Buildings will be consistent with elevations shown on Exhibit B.5 Attachment 8 Tier 3 o Uses permitted in Multi-family Residential (RMF) District o Maximum of 250 apartments designated for senior occupancy permitted o Clubhouse and amenities to be provided prior to occupancy of 101 st unit and phased with remainder of units o Buildings close to and fronting internal roads o Pedestrian connections to commercial/office/recreational uses and amenities o Architectural design will be comparable with Exhibit C Attachment 9 (multi-family development, known as Midlothian Towne Center Apartments, adjacent to the east of proposed development). Tier 4 o Uses permitted in Neighborhood Business (C-2) and Corporate Office (O-2) Districts except uses including, although not exclusively, gasoline sales, automobile (including motorcycle) sales and rental, and consignment lots, flea markets, greenhouse, and veterinary hospital with outside runs are prohibited o Fast food restaurants without a drive-in or drive thru would be permitted (the only permitted C-3 use) o Buildings located so no parking and drives between buildings and Winterfield Road, unless otherwise approved by the Planning Director 7 15SN JUL26-BOS-RPT

8 o Architectural design will be compatible with Exhibit C Attachment 9 (components of multi-family development adjacent to the north of Tier 4) Tier 5 o Waterfront tier with lakeside promenade designed as a focal point to encourage pedestrian activity o Uses permitted in Neighborhood Business (C-2) and Corporate Office (O-2) Districts except uses including, although not exclusively, gasoline sales, automobile (including motorcycle) sales and rental, and consignment lots, flea markets, greenhouse, and veterinary hospital with outside runs are prohibited o The following would be permitted: fast food restaurants without a drive-in/drive-thru; establishment with live entertainment and/or dancing (with or without alcohol sales); Craft brewery and tasting room, as permitted in the C-3 district; liquor store; and maximum 10,000 square foot consignment/second hand store. o Architectural design compatible with consistent with Exhibits B.2 B.5 Attachments 5-8 o Customer/guest entrances shall be provided along the facades of buildings facing the lake (which may include patios and dining areas); no loading docks permitted on the building façade facing the lake Map 4: Tiers 3 and 4 - Architectural Compatibility With Adjacent Multi-family Development and Exhibit C Adjacent Multi-family development Elevations in Exhibit C 8 15SN JUL26-BOS-RPT

9 Signage Signs will comply with the Zoning Ordinance requirements unless otherwise provided for in the Textual Statement and Exhibit D Attachment 10. Current zoning conditions, approved in 2004, permit larger and additional signs as detailed in the chart below. Staff supports the signs proposed by the applicant which come closer in compliance with current ordinance regulations. Roads Midlothian Turnpike Winterfield Road Within Village Area 32 Sq. Feet & 8 Feet Tall 30 Sq. Feet & 10 Feet Tall Unless within 300 Feet of R or A then reduced to 10 Sq. Feet & 8 Feet Tall FREESTANDING SIGNAGE Outside Of Village Area 50 Sq. Feet & 15 Feet Tall 30 Sq. Feet & 10 Feet Tall Unless within 300 Feet of R or A then reduced to 10 Sq. Feet & 8 Feet Tall Permitted By Current Zoning Three signs 1 at Primary Entrance Sq Ft & 25 Ft Tall and at 2 Secondary Entrances 50 Sq Ft & 8 Ft Tall 1 sign - 75 Sq. Feet & 8 Feet Tall Current Proposal Three signs each 50 Sq. Feet & 15 ft. Tall (A and B signs - Exhibit D) 1 sign - 25 Sq. Feet & 10 Feet Tall (C sign - Exhibit D) Additional signage is proposed: Residential community identification Signs D and E - Exhibit D Outparcel identification Limited to 4 along Midlothian Sign E - Exhibit D Internal directional signs Building mounted signs Replacement of the sign for mini-storage facility on Tax ID (adjacent property to the west of the subject property) See map below Map 4: Replacement Sign for Mini-Storage to West (Tax ID ) Providing replacement sign for mini-storage located here GPIN SN JUL26-BOS-RPT

10 COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804) In accordance with the Zoning Ordinance, a traffic impact analysis (TIA) is necessary to assist in evaluating the impact of a development of this magnitude. The applicant submitted a traffic impact analysis that analyzed a specific development density with presumed road improvements, based on an anticipated 20-year traffic forecast. The applicant has committed to a maximum commercial and residential development (Proffered Condition 9 and Textual Statement IV. C. iii). Based on the trip generation rates for the maximum development density, (11,000 square feet of Day Care Center, 5,000 square feet of Medical Office, 36,600 square feet of Retail, 18,100 square feet of Supermarket, two 5,500 square feet High-Turnover Restaurants, a 4,000 square feet Fast-Food Restaurant, and 250 Senior Adult Housing-Attached residential units), the proposed development could generate approximately 11,200 average daily trips. Traffic generated by development of the property would be initially distributed along Winterfield Road and Midlothian Turnpike. Winterfield Road is a collector road with a recommended right of way width of 70 feet, as identified on the County s Thoroughfare Plan. Winterfield Road is a two-lane road. Sections of the road have been improved and realigned in conjunction with residential development. Winterfield Road is identified in the County s Comprehensive Plan as a road that should be maintained in its existing condition. Midlothian Turnpike is identified on the County s Thoroughfare Plan as a major arterial with a recommended right of way width of 120 to 200 feet. Midlothian Turnpike is a four-lane divided roadway. In 2015, the traffic count on Midlothian Turnpike between Route 288 and Winterfield Road was 35,855 vehicles per day (Level of Service C ). Section of the County Code outlines the general requirements to meet the needs of the traffic generated by a proposed development, including acceptable levels of service. The proposed mixed-use development would contribute to an identifiable need for transportation and access improvements. The applicant has offered: Vehicular Access Control (Proffered Conditions 2, 3 and 4) Access easements to be recorded from Winterfield Road and/or from Midlothian Turnpike to permit vehicular access to adjacent parcels (Tax IDs and ). Access to Winterfield Road limited to one (1) entrance/exit at the existing roundabout on Winterfield Road. Access to Route 60 limited to two (2) entrances/exits. The eastern access will align with the existing crossover on Route 60 located just west of the Winterfield Road/Le Gordon Drive/Route 60 and limited to left and right-turns-in and right-turns-out only. The western access will align with the existing crossover on Route 60 that aligns Old Otterdale Road. Road Improvements (Proffered Condition 6) Additional pavement along Route 60 at both the eastern and western access to Route 60 to provide separate right turn lanes for both accesses and at the Winterfield Road intersection. Additional pavement along Route 60 at the existing crossover that serves the western access to provide an adequate left turn lane SN JUL26-BOS-RPT

11 Additional pavement along Route 60 at the existing crossover that serves the eastern access to provide an adequate left turn lane. A large raised median within the eastern access to preclude vehicles exiting the Property from traveling east on Route 60. Full cost of traffic signalization of the western access/old Otterdale Road/ Route 60 intersection. Note: A right of way dedication proffer has been offered for the improvements identified above. The proffer states that in the event the developer is unable to acquire any off-site right of way, the developer may request that the county acquire such right of way as a public road improvement. All costs associated with the acquisition of the right of way will be borne by the developer. In the event the county chooses not to assist the developer in acquisition of the off-site right of way, the developer shall be relieved of the obligation to acquire the off-site right of way and shall provide the road improvements within available right of way. An amendment to the Midlothian Community Special Area Plan is being drafted. Preliminary discussions about the draft Plan suggest that the Village Core Area should be extended along Route 60 west of Winterfield Road, incorporating this property. Typical road improvements for development proposals within the existing Village Core Area are currently not recommended. Without improvements, roads within the Village Core Area are anticipated to become more congested. Based on the possibility of expanding the Village Core Area along with current practices/recomendations, staff has not recommended the developer provide an additional lane of pavement along Route 60. The property is within Traffic Shed 2, which encompasses the northwest area of the County, west of Huguenot Road and north of Midlothian Turnpike. Several roads in this part of the county have little or no shoulders, fixed objects (trees) adjacent to the edge of the pavement and poor vertical and horizontal alignments. The traffic volume generated from this proposed mixed-use development will contribute to an identifiable need for transportation facility improvements to these roads in excess of existing transportation facility capacity. Roads in this shed or which serve this shed need to be improved or widened to address safety and accommodate increased traffic, including the increased traffic from the proposed development. An applicant may choose to address the development s residential impact on the county s road transportation network through dedication of property, construction of road improvements, or a cash proffer. If an applicant elects to offer cash to address the proposed residential impact on the county s road transportation network, Transportation staff has calculated the average impact of a single-family dwelling unit on the transportation network to be $12,652; however, the Board of Supervisors has adopted a policy establishing that it would accept a maximum cash proffer of $9,400 per dwelling unit as addressing the traffic impacts of residential development, with all of the funds to be dedicated towards improvements to the road network. The Policy allows the county to consider mitigating circumstances about a proposed development. In this case, the residential development is limited to age-restricted multi-family units, which generate approximately 31% of the traffic of single-family dwelling units. Because of this, the traffic impact could be addressed with $2,914 (31% of $9,400) per dwelling unit. The applicant has proffered to pay $2,924 per dwelling unit or if required by the county, construct an additional lane of pavement along Route 60 for the entire property frontage. The total impact of the proposed residential development under the Road Cash Proffer methodology is $728,500 (250 x 11 15SN JUL26-BOS-RPT

12 $2,914) compared to the estimated cost of $1,714,347 for the Route 60 road improvements. It should be noted, however, that the actual cost to provide these improvements could be more or less than this amount. Transportation is not recommending this additional lane be constructed. Staff supports the request MICHAUX PARK LN MICHAUX VILLAGE DR 1400 WINTERFIELD RD WINTERFIELD PL TAX ID RYANWOOD CT WESTFIELD RD CASE 15SN TAX ID MIDLOTHIAN TPKE WINTERFIELD LN OLD OTTERDALE RD MIDLOTHIAN TPKE LE GORDON DR VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Jonathan Phillippe ( ) Access Management (24VAC30-73) Location of proffered access points and signal as depicted on Exhibit A (dated ) are acceptable to the Department. The access locations are grandfathered through the previous zoning case and not subject to compliance with Regulation spacing standards. Summary The applicant submitted a traffic study evaluating turn lane and signal warrants for VDOT consideration. The Department concurred with the study findings in November of 2015 supporting signal warrants being met in 2035 and verification of turn lane warrants/capacity. All proffered transportation improvements will be evaluated by the Department through the County site plan review process SN JUL26-BOS-RPT

13 FIRE SERVICE Staff Contact: Anthony Batten ( ) Mission The mission of Fire and Emergency Medical Services (EMS) is to protect life, property and the environment through a comprehensive fire and life safety program that ensures an adequate and timely response to emergencies. Response Times The proposed development is located in the urban response zone for which Fire & EMS has a goal of responding to at least 90% of the calls for service in under seven (7) minutes. Fire and EMS is currently unable to meet that goal. Nearby Fire/EMS Facilities The Midlothian Fire Station, Company Number 5 The Forest View Volunteer Rescue Squad Anticipated Fire & EMS Impacts/Needs Based on an average of.1 calls per dwelling, it is estimated that this development will generate 25 annual calls for Fire/EMS services. Additional Information 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 SN JUL26-BOS-RPT

14 Mission SCHOOLS Staff Contact: Atonja Allen ( ) High performing, high quality public schools contribute to the quality of life and economic vitality of the County. The Comprehensive Plan suggests a greater focus should be placed on linking schools with communities by providing greater access, flexible designs and locations that better meet the needs of the communities in which they are located. Capital Improvements The School Board FY2017 adopted Capital Improvement Plan (CIP) continues to support the 2013 voter approved school revitalization program that will replace or renovate ten schools and construct one new elementary school to add capacity in the Midlothian area of the county. The ten existing facilities that are part of the revitalization program are Providence Middle School, Monacan High School, Manchester Middle School, Beulah Elementary School, Enon Elementary School, Matoaca Elementary School, Harrowgate Elementary School, Reams Elementary School, Crestwood Elementary School, and Ettrick Elementary School. The project at Providence Middle School is currently in construction, a new Manchester Middle School is planned for construction on the existing school site, and the project at Monacan High School is complete. Additional information on the CIP can be found in the financial section of the CCPS Adopted Budget for FY2017. Anticipated School Impacts Anticipated Student Yield by School Type Schools Currently Serving Area Functional Capacity Number of Trailers Current Enrollment Enrollment Percent of Total Functional Capacity Elementary - Watkins Middle - Midlothian High - Midlothian Total [1] - Note: [1] Based upon average number of students per multi-family dwelling unit countywide at 0.33 students per unit. Additional Schools Comments After review of this request for 250 age-restricted multi-family dwelling units, the proposed rezoning case may have minimal impact on school facilities. Recent research on the actual student yield from agerestricted housing reported in April 2016 revealed that there was a small yield (four elementary students out of the total school population) from all age-managed dwelling units. It is possible however, that over time this case combined with other proposed residential developments and other zoning cases in the area will continue to push schools to their capacity and therefore impact the capacity of facilities divisionwide SN JUL26-BOS-RPT

15 PARKS AND RECREATION Staff Contact: Stuart Connock ( ) Mission The County supports a high-quality park system to provide residents and visitors with equitable access to active and passive recreation opportunities. The 2012 level of service is 5.9 acres of regional, community and neighborhood parkland per 1,000 persons whereas the target level of service is 9 acres per 1,000 persons. Nearby Parks Facilities [within 3 mile radius] Midlothian Mines Park Watkins Annex Park Elementary School Athletic Areas Middle School Athletic Areas High School Athletic Area Public Facilities Plan The Public Facilities Plan identifies the need for one Neighborhood Park, 10 acres each, associated with a new Elementary School and four Community Parks, of 90 acres each, consisting of approximately 370 acres in total, all in Midlothian; nearest this location. Land for these parks has not been acquired. Mission LIBRARIES Staff Contact: Jennifer Stevens ( ) stevensj@chesterfield.gov The public library system s role in the county has expanded beyond its traditional function as a resource for information and materials, and now serves as a community gathering place for educational, cultural and informational services; community support during emergencies; economic development; and revitalization activities. Nearby Libraries Midlothian 15 15SN JUL26-BOS-RPT

16 UTILITIES Staff Contact: Jamie Bland ( ) The proposal s impacts on the County s utility system are detailed in the chart below: Water and Wastewater Systems Currently Size of Existing Line Connection Required by County Code Serviced Water No 24 Yes Wastewater No 8, 12 and 15 Yes The request will have a minimal impact on the public water and wastewater systems. Map 5: Existing Water & Wastewater Systems 16 15SN JUL26-BOS-RPT

17 ENVIRONMENTAL ENGINEERING Staff Contact: Rebeccah Ward ( ) Issue Geography Forest Management Water Quality Drainage Discussion/Conditions Property drains to existing BMP approved with a previously approved site plan Located within James River Watershed Developer shall not use burning to clear or timber Property Proffered Condition 5 Existing pond is intended as stormwater compliance BMP Pond will be upgraded to achieve an engineering certification that the pond s construction is in conformance with approved site plan entitled Midlothian Town Center Pond Site Plan # 08PR0231 To the degree that the ability to perform required BMP maintenance is not compromised, the pond will be aesthetically enhanced Modification of the pond may occur if otherwise required by law or governmental regulation Proffered Condition 9 Since the existing private easement located within the property also conveys drainage through adjacent and upstream land areas discharging it onto the property, such easement needs to be converted to the County to ensure proper stormwater and development management The easement will be dedicated to the County in its present alignment or an altered alignment satisfactory to the County Proffered Condition SN JUL26-BOS-RPT

18 CASE HISTORY Applicant Submittals 5/11/2015 Application submitted 8/13, 9/9, Revised proffered conditions, Textual Statement and exhibits were submitted. 9/24, 10/19, 10/26, 11/5, 11/10 & 11/24/2015 5/12, 7/28, Revised proffered conditions and Textual Statement were submitted 12/5/2016 1/5, 1/12, Revised proffered conditions, Textual Statement and exhibits were submitted 1/13, 1/20, 3/7, 6/14, 6/15, 6/20, 7/7, 7/15 and 7/19/2017 Community Meetings 6/22/2015 Discussion Market for additional grocery stores Traffic, stoplights and truck deliveries Potential affects from competitive pricing store(s) Safety of existing traffic circle on Winterfield Road Architecture for commercial portion deviation from what citizens negotiated in existing zoning case Concerned character and architecture/conceptual plans are not cohesive with uniqueness sought for Midlothian Village o Buildings close to Route 60 with parking behind o Incorporate elements of village architecture into project o Second tier of buildings little architectural character o Lacks sense of place No development preferred over development inconsistent with Village Concern with loading docks fronting interior public roads and pedestrian areas Bike and pedestrian access 9/10/2015 Discussion Screening of loading areas Street lighting and site lay-out Pedestrian design and public spaces around existing pond Owners have to keep record of occupants for age restricted apartments Redesign of round-a-bout on Winterfield Road Existing Midlothian Village Area Plan and pending revisions Maintaining Village character with this development 18 15SN JUL26-BOS-RPT

19 Discussion of village boundaries Mixed opinions on whether proposed architecture is acceptable Importance of 4-sided pedestrian access to business success Prefer higher end businesses 12/5/2016 Discussion Applicants have modified design and architecture Road improvements will be required, including right turn lane onto Winterfield Road Apartments will be similar in architecture as Midlothian Town Center Apartments which are being developed in accordance with existing zoning conditions Concern development will not comply with pattern book approved under the existing zoning; does not have a village feel Concern development would not be pedestrian friendly; lacks connectivity Development would be more pedestrian friendly than other developments in village Effects of parallel parking on pedestrian safety Proposed architecture compliments industrial history of area Lack of cohesion between tiers Midlothian Turnpike traffic creates an issue for offering transition out of village; transition in tiers within development Support more modern look for buildings than Colonial-style buildings Prefer higher end businesses Market for another grocery store in area Signalized crosswalks are needed on Midlothian Turnpike 6/21/2017 Discussion No longer proposing over-shop housing; 250 senior apartments only Concern with vacant retail space in area; multiple higher density projects planned in area Village Plan being revised; identified lack of certain types of housing in village Traffic in area Site should be considered for high-speed rail stop Main street/walkability could be better designed; stronger village design Support and opposition expressed relative to planned architecture Traffic reduction from age restricted residential; less dense than existing zoning permits Planning Commission Meetings 7/23/2015 Action DEFERRED TO OCTOBER 20, 2015 AT APPLICANT S REQUEST 10/20/2015 Action DEFERRED TO NOVEMBER 17, 2015 ON COMMISSION S MOTION 11/17/2015 Citizen Discussion In Opposition - Traffic increase and safety on subdivision streets Suggestion for 60 day deferral to allow applicant time to continue 19 15SN JUL26-BOS-RPT

20 to work with area citizens and the Village of Midlothian Volunteer Coalition Case represents significant departure from Village of Midlothian standards relative to design, architecture and building materials Property will be in the Village boundaries with the upcoming Midlothian Area Plan revision Proposed architecture will not compliment the Salisbury neighborhood or the village In Support Uses would be needed convenience for area residential use Property is eye-sore now; looking forward to development Applicant will ensure quality development given track record in county Support building architecture and design Project is walkable and would increase tax base Commission Discussion With reduced density, this case would provide less traffic daily Project s design would complete boulevard appearance along Winterfield Road which would potentially be the western boundary of the village Additional lane along Midlothian Turnpike is not necessary given it is unlikely that the road will be widened because of the railroad bridge just to the west Senior product will not generate students Offers mixed use integrated living Recommendation: APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS IN ATTACHMENT 1 Motion: Waller Second: Brown AYES: Gulley, Waller, Brown, Patton and Wallin Board of Supervisors 12/16/2015 Action DEFERRED TO JANUARY 27, 2016 ON BOARD S MOTION WITH APPLICANT S CONSENT 1/27/2016 Action REMANDED TO THE PLANNING COMMISSION ON BOARD S MOTION WITHOUT THE APPLICANT S CONSENT Planning Commission 4/21/2016 Action DEFERRED TO JUNE 21, 2016 ON COMMISSION S MOTION WITH THE APPLICANT S CONSENT 6/21/2016 Action DEFERRED TO AUGUST 16, 2016 ON COMMISSION S MOTION WITH THE APPLICANT S CONSENT 8/16/2016 DEFERRED TO OCTOBER 18, 2016 ON COMMISSION S MOTION WITH THE APPLICANT S CONSENT 10/18/2016 DEFERRED TO JANUARY 17, 2017 ON COMMISSION S MOTION WITH THE APPLICANT S CONSENT 20 15SN JUL26-BOS-RPT

21 1/17/2017 Citizen Comments: Several citizens spoke in favor of and in opposition to the request. Those in favor noted the request offered: o A convenient, walkable and attractive project o A true mixed use development with a small-scale, village feel o Employment opportunities o Removal and replacement of blighted buildings o Tax revenue with no school impacts Those in opposition noted: o Project would add to traffic congestion o Encouraged support for area rail While offering a neutral position, the Village of Midlothian Volunteer Coalition (VMVC) president expressed support for existing zoning conditions the group negotiated with the 2004 rezoning; thanked the applicants for working with the VMVC; and, in response to a question from Mrs. Freye, noted concerns with the current proposal relative to internal traffic design, lack of homogenous architectural style and piecemeal design quality. Commission Discussion: Mr. Jones noted that following the Board s remand of the case, he had numerous meetings with the applicants in which he conveyed the importance of the 2004 pattern book in creating a project with a relationship to Midlothian Turnpike, locating buildings close to the road. He added that as presented, the project does not have a relationship to this corridor nor to the interior project road, and the buildings within the proposed development tiers do not relate to each other. The proposal does not have a pedestrian town feel, an appropriate transition to the village nor meet community expectations. Through questions of staff, the Commission noted: No age-restriction for residential uses above retail No commitment for a maximum level of development to insure mitigation of traffic impacts Support for community concerns regarding proposed architecture Recommendation - DENIAL Motion: Jones Second: Jackson AYES: Sloan, Jackson, Freye, Jones and Wallin Board of Supervisors 2/22/2017 Action DEFERRED TO APRIL 26, 2017 ON ITS OWN MOTION WITH THE APPLICANT S CONSENT 4/26/2017 Action DEFERRED TO JUNE 28, 2017 ON ITS OWN MOTION WITH THE APPLICANT S CONSENT 6/28/2017 Action DEFERRED TO JULY 26, 2017 ON ITS OWN MOTION WITH THE APPLICANT S CONSENT The Board of Supervisors on Wednesday, July 26, 2017, beginning at 6:00 p.m., will consider this request SN JUL26-BOS-RPT

22 PROFFERED CONDITIONS July 19, 2017 ATTACHMENT 1 Note: Staff recommends acceptance of the following proffered conditions, as offered by the applicant. The Owner-Applicant in this rezoning Case 15SN0656, pursuant to Section of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, Virginia, for itself and its successor or assigns, proffers that the development of the property will be developed as set forth below; however, in the event the request is denied or approved with conditions not agreed to by the Owner-Applicant, these proffers shall be immediately null and void and of no further force or effect. The Applicant hereby proffers the following conditions: 1. Master Plan. The Textual Statement last revised July 19, 2017 shall be considered the Master Plan. (P) 2. Access easements. Prior to any site plan approval, access easements acceptable to the Transportation Department shall be recorded from Winterfield Road and/or from Midlothian Turnpike as determined by the Transportation Department, across the Property to permit vehicular access to the parcels identified as Tax ID and Tax ID (T) 3. Access Winterfield. Direct vehicular access from the Property to Winterfield Road shall be limited to one (1) entrance/exit at the existing roundabout on Winterfield Road. The exact location of this access shall be approved by the Transportation Department. Nothing herein shall preclude access to the Property through other adjacent properties to Winterfield Road. (T) 4. Access Midlothian Turnpike. Direct vehicular access from the Property to Midlothian Turnpike shall be limited to two (2) entrances/exits. a. Eastern Access: The eastern access shall align with the existing crossover on Midlothian Turnpike located just west of the Winterfield Road/Le Gordon Drive/Midlothian Turnpike intersection and generally as shown on Exhibit A of the Textual Statement and defined in the Textual Statement as the Concept Plan (the Concept Plan ). The eastern access shall be limited to left and right-turns-in and right-turns-out only and shall be designed as a divided boulevard with street trees and landscaped median and shall intersect with an east-west main street. b. Western Access: The western access shall be located at the western Property line, and shall generally align with the existing crossover on Midlothian Turnpike that aligns Old Otterdale Road, located generally as shown on the Concept Plan. The exact locations of these accesses shall be approved by the Transportation Department. (T) 22 15SN JUL26-BOS-RPT

23 5. Burning ban. The Developer shall not use burning to clear or timber the Property. (F and EE) 6. Transportation Improvements. The Developer shall be responsible for the following improvements. The exact length and design of the following improvements shall be approved by the Transportation Department: a. Construction of additional pavement along the westbound lanes of Midlothian Turnpike at both the eastern and western access to Midlothian Turnpike, to provide separate right turn lanes for each such access. b. Construction of additional pavement along the westbound lanes of Midlothian Turnpike at the Winterfield Road intersection, to provide a separate right turn lane for such access. c. Construction of additional pavement along the eastbound lanes of Midlothian Turnpike at the existing crossover that serves the western access from Midlothian Turnpike into the Property to provide adequate left turn lane. d. Construction of additional pavement along the eastbound lanes of Midlothian Turnpike at the existing crossover that serves the eastern access from Midlothian Turnpike into the Property to provide an adequate left turn lane. e. Construction of a raised median within the eastern access from Midlothian Turnpike into the Property to preclude vehicles exiting the Property from traveling east on Midlothian Turnpike. f. Full cost of traffic signalization of the western access/old Otterdale Road/Midlothian Turnpike intersection, if warranted, as determined by the Transportation Department. g. Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. In the event the Developer is unable to acquire any off-site right-of-way that is necessary for any improvement identified above, the developer may request, in writing, that the County acquire such right-of-way as a public road improvement. All costs associated with the acquisition of the right-of-way shall be borne by the developer. In the event the County chooses or has chosen not to assist the developer in the acquisition of the offsite right-of-way, the developer shall only be required to provide road improvements within available right-of-way as determined by the Transportation Department. (T) 7. Road Improvement Phasing. Prior to any site plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 6, shall be submitted to and approved by the Transportation Department. (T) 8. Road Cash Proffer. The Developer shall be required to pay $2,914 per dwelling unit to the County of Chesterfield for road improvements within the service district for the property. Each payment shall be made prior to the issuance of a building permit for a dwelling unit unless state law modifies the timing of the payment. Notwithstanding the foregoing, however, if 23 15SN JUL26-BOS-RPT

24 upon development of any of the residential units on either of the subject Property or the property designated as GPIN , the County requires construction of a third westbound lane of Midlothian Turnpike along the entire frontage of the Property, then the cash proffer set forth above shall no longer be due and payable. (B & M and T) 9. Commercial Density. Unless requested by the developer and modified by the Planning Commission, the maximum density of the non-residential portion of the development shall be a maximum of 11,000 square feet of Day Care Center, 5,000 square feet of Medical-Dental Office, 36,600 square feet of Shopping Center, 18,100 square feet of Supermarket, two 5,500 square feet High-Turnover Sit-Down Restaurants, and 4,000 square feet of Fast-Food Restaurant with Drive-Through Window, or such other uses so long as the maximum estimated traffic impact that is produced by the non-residential development is no greater than 592 AM peak hour trips and 921 PM peak hour trips, as determined by the 9 th Edition of the ITE Code and/or based on actual traffic information submitted to and approved by the Transportation Department. (T) 10. Open Space/Pedestrian Areas. The areas designated as LAKE PROMENADE, PEDESTRIAN CONNECTIONS and PEDESTRIAN COMMON AREAS on the Concept Plan shall include public spaces designed to include amenities that add high visual interest, such as, but not limited to: decorative paving units; decorative pedestrian-style lighting; benches; landscaped areas; plantings; bike racks; plazas; water features; gathering areas; and other pedestrian elements. Pedestrian areas, trails, walks and amenities shall also be provided throughout the development as generally shown on the Concept Plan to provide pedestrian connectively throughout the entire development and in particular between buildings, all as generally shown on the Concept Plan. The exact design, material and location of pedestrian elements shall be approved by the Planning Director as part of plan approval. (P) 11. Pond. The existing pond located on Tax IDs and shall substantially remain as it currently exists and is the intended stormwater compliance BMP for the development. It shall be upgraded so as to achieve an engineering certification that the pond s construction is in conformance with the design as contained in the approved site plan entitled Midlothian Town Center Pond Site Plan # 08PR0231. To the degree that the ability to perform required BMP maintenance is not compromised, the pond will be aesthetically enhanced. Modification of the pond may occur if otherwise required by law or governmental regulation. All stormwater management facilities shall be designed as visual amenities to create water views, which shall include fountain type aerators, unless specifically prohibited or restricted by law or government regulation, as determined by Environmental Engineering. (EE and P) 12. Sidewalks. Sidewalks, and crosswalks shall be constructed along the west side of Winterfield Road and north side of Midlothian Turnpike for the entire length of the Property adjacent to such roads. Such sidewalks shall be constructed to required VDOT standards and materials 24 15SN JUL26-BOS-RPT

25 and shall be a minimum of five (5) feet in width. There also shall be an internal system of sidewalks and crosswalks within the development in the locations and constructed of decorative materials as generally shown on the Concept Plan. (P and T) 13. Landscaping and Buffers. a. Midlothian Turnpike. A buffer of at least fifteen (15) in width and containing a continuous hedgerow a minimum of 3 feet in height shall be installed along Midlothian Turnpike as approved by the Planning Director at the time of plan approval. b. Winterfield Road. If approved by the Planning Director and VDOT, landscaping and ornamental features shall be installed within the round-about on Winterfield Road. (P and T) 14. Street Lights. Decorative goose neck street lights will be provided along the Property boundary as it adjoins Winterfield Road and Midlothian Turnpike with a spacing of approximately 80 feet on center. Goose neck street lights will also be provided along those internal roads designated on the Concept Plan as WESTERN ENTRANCE ROAD, MAIN STREET, and SHARED ENTRANCE ROAD. The specific light fixture and spacing shall be approved by the Planning Director in conjunction with plan approval. The installation of the street lights may be phased as approved by the Planning Director based on the extent of the plan approval. (P) 15. Drainage Easement. To the extent that it is within the property subject to this case, and within 30 days of a request by the Environmental Engineering Department, the existing 16 foot drainage easement as shown on the plat by Jordan Consulting Engineers, dated January 19, 1993, as revised on March 26, 1993, shall be recorded as an easement dedicated to the County of Chesterfield on its present alignment or an altered alignment which is satisfactory to the County of Chesterfield. (EE) 25 15SN JUL26-BOS-RPT

26 TEXTUAL STATEMENT Last Revised July 19, 2017 ATTACHMENT 2 Re: Request to rezone property from C-3 with a Conditional Use Planned Development to C-3 with a Conditional use Planned Development. This Textual Statement shall include the following exhibits which by this reference are made a part hereof: Exhibit A WINTERFIELD CROSSING, CONCEPTUAL DESIGN, CHESTERFIELD COUNTY, VIRGINIA, prepared by Timmons-Kelly Architects and dated May 30, 2017 (the Concept Plan ). Exhibit B.1 Elevations labelled EXHIBIT B.1, prepared by ms consultants, inc. and last revised September 7, Exhibit B.2 Elevations labelled EXHIBIT B.2, prepared by Perretz & Young and dated December 1, Exhibit B.3 Elevations labelled EXHIBIT B.3, and dated December 1, Exhibit B.4 Elevations labelled EXHIBIT B.4, and dated June 1, Exhibit B.5 Elevations labelled EXHIBIT B.5, prepared by Timmons Kelly Architects, dated October 4, 2016 and entitled WINTERFIELD CROSSING, CONCEPTUAL PLAN, CHESTERFIELD COUNTY, VIRGINIA. Exhibit C Elevations entitled MIDLOTHIAN TOWN CENTER APARTMENTS, MIDLOTHIAN, VIRGINIA prepared by Winks, Snowa Architects, and dated August 20, 2008, and last revised December 9, 2008, containing Sheets A2.01-A2.12. Exhibit D Sign elevations labelled EXHIBIT D, dated July 6, 2017 and entitled EXHIBIT D SIGN LOCATIONS WINTERFIELD CROSSING, CHESTERFIELD COUNTY, VIRGINIA and SIGN CONCEPTS WINTERFIELD CROSSING, CHESTERFIELD COUNTY, VIRGINIA. The development is intended to host a community to live, work, shop and recreate. Seamless transitions from the commercial areas to the main streets, public common spaces, senior housing and even to the adjacent properties shall be provided as generally shown on the Concept Plan. Winterfield Crossing is a mixed use community with a focus on public gathering spaces and pedestrian connections. The village-like feel will be achieved with quality material and finishes and its connection between all aspects of the project, while mirroring a design style similar to the Midlothian Village. Architectural styles reflect the design features of the Midlothian Village by providing a variety of architectural features, buildings types, textures, uses, and colors, as well as a commonality of quality material, finishes and styles as generally reflected by this Textual Statement. Development of the Property shall comply with the Zoning Ordinance requirements except as outlined herein. I. General Requirements: A. Concept Plan Requirements. The site shall be designed as generally depicted on the Concept Plan (Exhibit A). However, the exact location of buildings, drive areas and parking areas may be modified provided that the general intent of the Concept Plan is maintained with respect to location of uses, internal road network and pedestrian environment. Development criteria shall be divided into five (5) tracts as follows: 26 15SN JUL26-BOS-RPT

27 i. Tier 1 Community Business Tier That area of the site identified on the Concept Plan as having buildings labeled as Tier 1. ii. Tier 2 Neighborhood Business Tier That area of the site identified on the Concept Plan as having buildings labeled as Tier 2. iii. Tier 3 Multi-Family Tier That area of the site identified on the Concept Plan as Tier 3. iv. Tier 4 General Commercial Tier That area of the site identified on the Concept Plan as having buildings labeled as Tier 4. v. Tier 5 Waterfront Tier That area of the site identified on the Concept plan as having buildings labeled as Tier 5. B. Setbacks. All structures, parking areas, drive aisles and access roads (other than as shown on the Concept Plan as connecting to Midlothian Turnpike or Winterfield Road) shall (i) not have any setback requirements from interior property lines or the western exterior property line, and (ii) be setback a minimum of (a) 25 feet from Midlothian Turnpike, and (b) five (5) feet from Winterfield Road. C. Signage. All signage shall comply with the Zoning Ordinance, except as outlined below: i. Signage Concepts: 1. Permitted free standing signage shall be limited to those signs identified here in and shall be generally consistent with the signage exhibits attached hereto as Exhibit D. ii. Mixed-Use and Non-Residential Community Identification Signs: 1. One community identification sign shall be allowed on Midlothian Turnpike, having fifty (50) square feet of copy and a maximum of fifteen (15) feet in height within the area shown on the Concept Plan as SIGN AREA - A, generally consistent with SIGN A on Exhibit D. 2. Two community identification signs shall be allowed on Midlothian Turnpike, each having fifty (50) square feet of copy and a maximum of fifteen (15) feet in height within the area shown on the Concept Plan as SIGN AREA - B, generally consistent with SIGN B on Exhibit D. 3. One community identification sign shall be allowed on Winterfield Road having twenty-five (25) square feet of copy and a maximum of ten (10) feet in height within the area shown on the Concept Plan as SIGN AREA - C, generally consistent with SIGN C on Exhibit D SN JUL26-BOS-RPT

28 4. Any of such community identification signs set forth in this Section I(C)(ii), shall be limited to identifying only two specific users in addition to the community identification name on any of such signs, all within the permitted copy area identified above. iii. Residential Community Identification Signs: 1. One residential community identification sign shall be allowed on Midlothian Turnpike having fifty (50) square feet of copy and a maximum of fifteen (15) feet in height within the area shown on the Concept Plan as SIGN AREA - D, generally consistent with SIGN D on Exhibit D. 2. One residential community identification sign shall be allowed at each entrance to the residential project entrance, each having thirtytwo (32) square feet of copy and a maximum of fifteen (15) feet in height within the areas shown on the Concept Plan as SIGN AREA - E, generally consistent with SIGN D on Exhibit D. 3. Two additional signs of the size set forth above in (iii)(2) above shall be permitted if each sign is attached to a decorative fence or wall located on opposite sides of the residential project entrance. iv. Outparcel Signs: 1. A maximum of four (4) monument-style out parcel signs shall be permitted, each having a maximum of twenty (20) square feet of copy and a maximum of eight (8) feet in height visible along Midlothian Turnpike, generally consistent with SIGN E on Exhibit D. 2. Any individual tenant within the Property shall be permitted to be identified on such sign, however, any such sign shall be limited to identifying only one user. v. Internal Signs: 1. Internal directional signs not legible from Midlothian Turnpike or Winterfield Road may be constructed to help with internal wayfinding. vi. Building Mounted Signage: 1. One and one-quarter (1.25) square feet of signage copy for each One (1) lineal foot of building frontage with a minimum of twenty (20) square feet and a maximum of one hundred fifty (150) square feet shall be permitted. 2. Building frontages exceeding one hundred fifty (150) feet may increase the one hundred fifty (150) square foot maximum sign area 28 15SN JUL26-BOS-RPT

29 by one (1) square foot of copy for each additional three (3) lineal feet of building frontage. 3. Individual sites or out parcels where freestanding signs are permitted and one is not installed, the building-mounted sign area may be calculated at one and three-quarters (1.75) square feet of copy for each One (1) lineal foot of building frontage. If individually mounted or painted letters are used the minimum area shall be increased to thirty (30) square feet of copy. 4. Such signs shall be located and shall have an architectural style generally compatible to conform with various building elements and site design. vii. Adjacent Property Signage: 1. A single freestanding sign may be placed within or adjacent to the western most entrance off of Midlothian Turnpike, such sign not to exceed an area of fifty (50) square feet and eight (8) feet in height for the advertising of the business located on the parcel identified as GPIN D. Screening. Drive-in windows, and any service or bay doors for any automobile related or similar uses, shall be screened to reduce visibility from public streets. This screening shall be accomplished by building design, the use of durable architectural walls or fences with materials and a design compatible to the principal buildings, and berms or other landscaping features. Such screening shall be approved by the Planning Department in conjunction with plan approval. E. Parking. (i) Parking for all uses within Tiers 1, 2, 4 and 5 shall be required to have a minimum of four (4) spaces per one thousand (1,000) square feet of rentable commercial space. Parking within Tier 3 shall be required to have a minimum of one (1) space for each dwelling unit. (ii) Parking spaces shall be provided pursuant to the provisions of I(E)(i) above based on the collective sum of the calculation of each such use. Such parking must be provided within the development as a whole but shall not be required on each parcel/site or within the Tier a use is located. Parking along any street or drive aisle within the project shall be counted towards the required parking. Through plan review, a reduction in the required number of spaces may be granted if it is determined by the Planning Department that uses will have different time demands, or sidewalks or pedestrian ways will be provided between uses SN JUL26-BOS-RPT

30 II. Tier 1 Community Business Tier: A. Uses. i. Except for the uses listed below, which shall be prohibited, permitted uses shall be limited to uses permitted by right, or with restrictions, in the Community Business (C3) District: a. Automobile sales and rental, including consignment lots b. Commercial kennels c. Funeral homes or mortuaries d. Feed store e. Halfway Houses f. Hospitals g. Indoor or outdoor flea markets h. Laundromat i. Mortuary j. Motorcycle, Go Cart, All-Terrain Vehicle, or similar type vehicle track or operation k. Veterinary hospital with outside runs l. Greenhouse m. Gasoline sales n. Automobile wash ii. The following uses otherwise permitted in the Community Business (C-3) District shall be restricted as described below: a. Automobile service station shall be permitted so long as any vehicular bay doors do not face Midlothian Turnpike and are screened from view from Midlothian Turnpike, as approved by the Planning Department in conjunction with plan approval. b. Any building with a fast food restaurant with drive in or drive through service shall be limited to one such drive in or drive through service for a fast food restaurant and may only be in a building with three or more tenant spaces. B. Architecture. Buildings shall be generally compatible with respect to building materials and architectural style with the elevations shown on Exhibit B.1, Exhibit B.2, Exhibit B.3, and Exhibit B.4. All buildings shall incorporate equal four sided architecture such that no building exterior (whether front, side or rear) shall consist of inferior materials or be inferior in quality, appearance or detail to any other 30 15SN JUL26-BOS-RPT

31 exterior of the same building. C. Tenant Size. No individual tenant shall exceed 50,000 square feet of gross floor area, and only one tenant shall exceed 30,000 square feet of gross floor area. III. Tier 2 Neighborhood Business Tier A. Uses. Uses shall be limited to those uses permitted by right or with restrictions in the Corporate Office (O-2) and Neighborhood Business (C-2) Districts. The following uses shall be prohibited: i. Automobile sales and rental, including consignment lots ii. Commercial kennels iii. Funeral homes or mortuaries iv. Halfway Houses v. Hospitals vi. Indoor or outdoor flea markets vii. Automobile wash viii. Motorcycle, Go Cart, All-Terrain Vehicle, or similar type vehicle track or operation ix. Mortuary x. Veterinary hospital with outside runs xi. Automobile service station xii. Gasoline sales B. Architecture. Buildings shall be generally compatible with respect to building materials and architectural style with the elevations shown on Exhibit B.5. All buildings shall incorporate equal four sided architecture such that no building exterior (whether front, side or rear) shall consist of inferior materials or be inferior in quality, appearance or detail to any other exterior of the same building. Any building adjoining Main Street shall (i) have at least one principal entrance facing Main Street and such building shall include fenestration facing Main Street as shown on Exhibit B.5, and (ii) not include loading docks or service doors facing Main Street. C. Building Height. i. Buildings shall be limited to four stories in height. ii. Buildings shall be a minimum of two stories or have a two-story façade, provided, there shall be no requirement for the second story to be occupied or built for occupancy, and further provided that at least one building shall be a minimum of three stories in height SN JUL26-BOS-RPT

32 IV. Tier 3 Multi-Family Tier: Development shall comply with the RMF Standards except as outlined herein. A. Uses. Permitted uses shall be limited to uses permitted by right or with restriction in the Residential Multi-family (R-MF) District. B. Architectural treatment. The architectural treatment of, exterior materials for and design elements of any buildings shall be similar in quality to the architectural elevations as shown on Exhibit C unless otherwise approved by the Planning Commission at the time of plan approval. The exact design and materials of any buildings within Tier 3 shall be approved by the Planning Commission in conjunction with plan approval. C. Development Standards. i. Area. Tier 3 shall contain a maximum of 7.62 acres. ii. Height. No building may exceed a height of four stories. iii. Residential density. There shall be a maximum of two hundred fifty (250) dwelling units within Tier 3. iv. 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, any dwelling units within Tier 3 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. v. Setbacks and Location. Buildings shall not be required to front internal roads and shall be located at least 5 feet from any parking space. Buildings shall be set back a minimum of 10 feet from interior private driveways/drive aisles. vi. Buffer. No buffer shall be required around the perimeter of Tier 3. D. Clubhouse and Amenities. Prior to the issuance of certificates of occupancy for more than one hundred (100) age-restricted dwelling units, amenities shall be provided to the residents of such dwelling units, including, but not limited to, a clubhouse and fitness center. The clubhouse and fitness center shall be permitted to be contained within one of the residential buildings or within a separate building. Prior to the issuance of certificates of occupancy for more than two hundred (200) age-restricted dwelling units, interior and external amenities shall be provided on 32 15SN JUL26-BOS-RPT

33 the multi-family residential tract within and surrounding the residential buildings, such as one or more of the following: meeting rooms, community gathering space for residential group activities, media room and entertainment lounge, business center, and exterior gathering spaces, courtyards, outdoor game areas and paths. All such amenities to be provided as set forth herein shall total a minimum of 5,000 square feet in area. V. Tier 4 General Commercial Tier: A. Uses. Uses shall be limited to the following: i. Uses permitted by right or with restrictions in the Corporate Office (O-2) District; ii. Uses permitted by right or with restrictions in the Neighborhood Business (C-2) Districts, except the following uses shall be prohibited: 1. Automobile sales and rental, including consignment lots 2. Commercial kennels 3. Funeral homes or mortuaries 4. Halfway Houses 5. Hospitals 6. Indoor or outdoor flea markets 7. Automobile wash 8. Motorcycle, Go Cart, All-Terrain Vehicle, or similar type vehicle track or operation 9. Veterinary hospital with outside runs 10. Automobile service station 11. Gasoline sales iii. Fast food restaurants shall be permitted except there shall be no restaurant drive in or drive thru permitted (provided a carry-out or pick-up area for a restaurant shall be permitted). B. Architectural treatment. The architectural treatment of, exterior materials for and design elements of any buildings shall be similar in quality to the architectural elevations as shown on Exhibit C. The exact design and materials of any buildings within Tier 4 shall be approved by the Planning Department in conjunction with plan approval. C. Building Location. Buildings shall be generally located such that no parking or drives are between the buildings and Winterfield Road; however, the location of the buildings, parking and drives may be modified as approved by the Planning Director at the time of plan approval SN JUL26-BOS-RPT

34 D. Building Height. i. Buildings shall be limited to four stories in height. ii. Buildings shall be a minimum of two stories or have a two-story façade, provided, there shall be no requirement for the second story to be occupied or built for occupancy. VI. Tier 5 Waterfront Tier Buildings within Tier 5 will be designed as a focal point of pedestrian activity along the lake. This area will encourage pedestrian activity along the lakeside promenade as shown on the Concept Plan. A. Uses. Uses shall be limited as follows: i. Uses permitted by right or with restrictions in the Corporate Office (O-2) District; ii. Uses permitted by right or with restrictions in the Neighborhood Business (C-2) Districts, except the following uses shall be prohibited: a. Automobile sales and rental, including consignment lots b. Commercial kennels c. Funeral homes or mortuaries d. Halfway Houses e. Hospitals f. Flea markets g. Automobile wash h. Motorcycle, Go Cart, All-Terrain Vehicle, or similar type vehicle track or operation i. Veterinary hospital with outside runs j. Automobile service station k. Gasoline sales ii. The following uses shall be permitted as restricted herein: a. Fast food restaurants except there shall be no restaurant drive in or drive thru permitted (provided a carry-out or pick-up area for a restaurant shall be permitted) b. Any establishment with live entertainment and/or dancing by the public regardless of whether alcoholic beverages are served c. Craft brewery or tasting room as permitted in the C-3 District d. Liquor store 34 15SN JUL26-BOS-RPT

35 e. Consignment and second-hand store, including, but not limited to sports equipment sales, limited to no more than 10,000 square feet in area B. Architectural treatment. Buildings shall be generally compatible with respect to building materials and architectural style with the elevations shown on Exhibit B.2, Exhibit B.3, Exhibit B.4 and Exhibit B.5. All buildings shall incorporate equal four sided architecture such that no building exterior (whether front, side or rear) shall consist of inferior materials or be inferior in quality, appearance or detail to any other exterior of the same building. Any building within Tier 5 shall include at least one entrance for a customer or guest access point facing the water feature. Such customer entrance or guest entrance shall be permitted to include a secured or unsecured patio or dining area and such customer or guest entrance shall be permitted to be used as a service entrance. No loading docks shall be permitted on the side of the building facing the water feature. C. Building Height. Buildings shall be limited to four stories in height SN JUL26-BOS-RPT

36 EXHIBIT A CONCEPTUAL PLAN FOR WINTERFIELD CROSSING ATTACHMENT SN JUL26-BOS-RPT

37 EXHIBIT B.1 BUILDING ELEVATIONS - GROCERY ATTACHMENT SN JUL26-BOS-RPT

38 EXHIBIT B.2 BUILDING ELEVATIONS ATTACHMENT SN JUL26-BOS-RPT

39 EXHIBIT B.3 ARCHITECTURAL RENDERING ATTACHMENT SN JUL26-BOS-RPT

40 ATTACHMENT 7 EXHIBIT B.4 BUILDING ELEVATION STOREFRONTS ALONG MAIN STREET TIER SN JUL26-BOS-RPT

41 EXHIBIT B.5 ARCHITECTURAL RENDERING ATTACHMENT SN JUL26-BOS-RPT

42 ATTACHMENT 9 EXHIBIT C MIDLOTHIAN TOWN CENTER APARTMENTS TIERS 3 AND 4 COMPARABLE 42 15SN JUL26-BOS-RPT

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54 EXHIBIT D SIGNS ATTACHMENT SN JUL26-BOS-RPT

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