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07SN0223-ADDENDUM #1 August 27, 2008 BS ADDENDUM 07SN0223 GBS Holding, Ltd. 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 REQUEST: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 minimumof 500,000 gross square feet of non- residential development has been proffered. (Proffered Condition 9) On August 12, 2008, in response to concerns expressed by various Supervisors and concerned citizens, the applicant submitted revisions to theproffered conditions and the Textual Statement, as discussed herein. Transportation: Proffered conditions have been amended relative to the phasing of road improvements and the eligibility for a credit or reimbursement for providing certain off-site road improvements. Proffered Condition 7 was revised to allow the Transportation Department to require a traffic analysis upon the completion of each phase. If the analysis demonstrates that the traffic generation and/or distribution fromthe development are higher than what was assumed in the approved traffic study, then the developer will be required to provide Ð®±ª·¼·²¹ ¿ Ú×ÎÍÌ ÝØÑ×ÝÛ ½±³³«²·¬§ ¬¸®±«¹¸ »¨½»´´»²½» ·² °«¾´·½ »®ª·½» additional road improvements to provide acceptable levels of service. If the developer is unable to provide additional improvements that will provide acceptable levels of service, then the Planning Commission may reduce the permissible densities identified in Proffered Condition 3. Proffered Conditions 17 and 18 relate to the construction of an off-site section of Woolridge Road between Old Hundred Road and Watermill Parkway identified in Proffered Condition 13.E.ii. Proffered Condition 17 specifies that the developer will only receive credit towards the Transportation Contribution for constructing the off-site section of Woolridge Road if it is completed before a total of 1,000 dwelling units are developed, exclusive of any units in Old Town. Proffered Condition 18 specifies that the improvement must be completed before 2,000 dwelling units are developed, including any units in Old Town. Per Proffered Condition 17, however, if the improvement is completed after 1,000 dwelling units have been constructed, excluding units in Old Town, the developer will not receive a credit towards the Transportation Contribution. As with all the improvements identified in Proffered Condition 13, the off-site section of Woolridge Road must be completed in its entirety for the developer to receive a credit towards the Transportation Contribution. Proffered Condition 14 was amended to reference to this new Proffered Condition 17. Stormwater Management: Proffered Condition 12.B has been amended to further mitigate the impact of this development on water quality of the Swift Creek Reservoir. Specifically, the median in- lake phosphorus level has been reduced from .04 to .035 mg/l. Once exceeded, the Director of Environmental Engineering mayrecommend that the County implement more restrictive requirements for undeveloped land and that the vacant land be developed in accordance with those standards. Further, this proffer eliminates a vesting opportunity for residential development relative to any water quality or stormwater management standards adopted at the County, State and Federal government levels. Schools: Proffered Condition 13.A.ii(a)(i) has been amended to require that the elementary school alternative be constructed to Leadership in Energy and Environmental Design (LEED) standards. Outdoor Recreational Uses: In response to concerns expressed by the Charter Colony neighborhood relative to the potential impacts of an outdoor amphitheater in close proximity to their development, the Textual Statement has been amended to require an amphitheater in the North Park tract meeting certain standards to be located west of Woolridge Road (Textual Statement – Addendum). Proffered Condition 1 was amendedto reflect the date of this addendum to the Textual Statement. î ðéÍÒðîîíóßËÙîéóÞÑÍóßÜÜ Staff continues to recommend approval of the request with the acceptance of the proffered conditions and Textual Statement located in the “Request Analysis”, as amended herein. (NOTE: AMENDMENTS ARE SHOWN WITH “STRIKES” AND “UNDERLINES” IN THE PROFFERS AND ATTACHED TEXTUAL STATEMENT) 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 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. Revise Proffer 1 to read: 2008, as amended by the addendum Master Plan. The Textual Statement dated July 11, dated August 12, 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 ofuses, 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) Revise Proffer 7 to read: Phasing Plan. eachapproval and/or tentative subdivision Prior to site plan a Phasing Plan plan approval, for the required roadasin Proffered Condition 6, improvementsidentified with í ðéÍÒðîîíóßËÙîéóÞÑÍóßÜÜ , if required by, and supporting traffic analysis acceptable to the Transportation Department, shall be submitted to and approved by the Transportation Department. All roadway improvements set forth in Proffered Condition 6 are required to be completed, as determined by the Transportation Department, in accordance with the Phasing Plan approved by the Transportation Department. If requested by the Transportation Department, the developer shall provide the Transportation Department with additional traffic analyses, in accordance with the Transportation Department’s “Policy for the Analysis of Phased Development Impacts” and the “Procedures for the Preparation of Traffic Impact Analyses”, upon the completion of each phase. Improvements to the roads and/or intersections identified on Figures 31 and 31A, shall be increased by the developer, as required by the Transportation Department, if these studies demonstrate that traffic generation rates and distribution solely from this development are materially higher, as determined by the Transportation Department, from projections set forth in the traffic impact analysis prepared by Timmons Group dated October 12, 2007, or subsequent studies approved by the Transportation Department. If satisfactory improvements cannot be provided, the Planning Commission may reduce the permissible densities to the extent that acceptable levels of service are provided as determined by the Transportation Department. (T) Revise Proffer 12.B. to read: The Developer acknowledges that if the water quality of the Swift Creek Reservoir has 035 reached a median level that exceeds . 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 , any water quality or phosphorus loading standards of the Zoning Ordinance stormwater management standards adopted by the County to mitigate the impact of development on the water quality of the Reservoir, and any water quality standards required by the state or federal governments that are 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) ì ðéÍÒðîîíóßËÙîéóÞÑÍóßÜÜ Revise Proffer 13.A.ii(a)(i) to read: Design and construct a multi-story neighborhoodstyle elementary school (“Elementary School”) consistent with the recommendations of the Public Facilities Plan approved by Chesterfield County. The Elementary School shall be located generally east of Site Road A (Woolridge Road) or another site within the Property mutually agreeable to the Chesterfield County 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’ , constructed to LEED Silver standards, 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. (B & M & S) Revise Proffer 14 to read: Except as specified in Proffered Condition 17, 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) Add Proffer 17 to read: Off-Site Woolridge Road Credit. In order for the Developer to be eligible for a Transportation Contribution credit or reimbursement, as defined in Proffered Condition 14, for construction of two (2) additional lanes of Woolridge Road, as defined in Proffered Condition 13.E.ii, the improvement identified in Proffered Condition 13.E.ii shall be completed, as determined by the Transportation Department prior to the issuance of building permits for a cumulative total of 1,000 principal and secondary dwelling units, exclusive of any building permits in Old Town. (B & M & S) Add Proffer 18 to read: Off-Site Woolridge Road Phasing. Prior to the issuance of building permits for a cumulative total of more than 2,000 principal and secondary dwelling units inclusive of Old Town, the improvement identified in Proffered Condition 13.E.ii shall be completed, as determined by the Transportation Department. (T) ë ðéÍÒðîîíóßËÙîéóÞÑÍóßÜÜ ADDENDUM Roseland Textual Statement November 10, 2006 Revised June 13, 2007 Revised July 20, 2007 Revised September 14, 2007 Revised October 3, 2007 Revised October 15, 2007 Revised October 16, 2007 Revised October 23, 2007 Revised December 10, 2007 Revised February 20, 2008 Revised July 11, 2008 equirements and Exceptions for Specific Tracts R B.1 – Uses) \4123387.28 1