07SN0223-ADDENDUM #2
August 27, 2008 BS
ADDENDUM II
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 minimum of 500,000 gross square feet of
non-residential development has been proffered. (Proffered Condition 9)
On August 18, 2008, the applicant met with the leadership of Hands Across the Lake (HAL)
to discuss this request. As a result of this meeting, HAL provided the applicant with
amended language for Proffered Condition 12.B affecting stormwater management. The
applicant has agreed for the Board to impose this amended language This amended
language acknowledges the potential for the County to adopt more restrictive standards
relative to water quality of the Swift Creek Reservoir, triggering the development of any
vacant land to be in accordance with those standards. Current proffer language relies on the
Director of Environmental Engineering’s recommendation to the County as a catalyst to
adopt more restrictive standards. This amendment further establishes the effective date of
these more restrictive standards being the same as the approval date of this pending zoning
request rather than October, 2007.
To reiterate, the applicant has indicated that should the Board wish to approve this case, the
imposition of this condition would be acceptable, thereby replacing Proffered Condition
12.B, and that all other proffers would remain intact.
Ю±ª·¼·²¹ ¿ Ú×ÎÍÌ ÝØÑ×ÝÛ ½±³³«²·¬§ ¬¸®±«¹¸ »¨½»´´»²½» ·² °«¾´·½ »®ª·½»
Staff continues to recommend approval of the request with the acceptance of the proffered
conditions in the “Request Analysis”, as amended herein. Staff would further support, should
the Board wish, imposition of the following condition in lieu of Proffered Condition 12.B.
(NOTE: “STRIKES” AND “UNDERLINES” IN THIS CONDITION RELFECT THE
MODIFICATIONS AGREED UPON BETWEEN HAL AND THE APPLICANT
FROM THE LANGUAGE IN PROFFERED CONDITION 12.B)
CONDITION
The Developer acknowledges that, if the water quality of the Swift Creek Reservoir
has reached a median level that exceeds .035 mg/l in-lake phosphorus or otherwise
degrades to an unacceptable level, that the Director of Environmental Engineering
may recommend that the County may adopt phosphorus loading standards that are
more restrictive than the standards applicable as of October 10, 2007 on the date on
which the Board of Supervisors approves this rezoning request. 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, any water
quality or 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)
(NOTE: THIS CONDITION SUPERSEDES PROFFERED CONDITION 12.B)
2
ðéÍÒðîîíóßËÙîéóÞÑÍóßÜÜ