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99SN0227.pdfOctober 27, 1999 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 99SN0227 Margaret S. Cross Matoaca Magisterial District Northeast qua&ant of Hull Street and Cosby Roads REQUEST: Rezoning from Agricultural (A) to Community Business (C-3) with Conditional Use to permit multi-family uses and single family units not located on individual lots. PROPOSED LAND USE: A mixed use development with bulk exceptions is proposed. (See attached Textual Statement) PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2 AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 5. STAFF RECOMMENDATION Recommend approval for the following reasons: The proposed zoning and land use conforms to the Upper Swift Creek Plan which suggests the property is appropriate for a mbx of uses to include multi-family residential and corporate office uses. The proposed zoning and land uses are compatible with, and representative of, existing and anticipated area development. The proffered conditions ad&ess the impacts of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the need for parks, libraries, fke stations and roads as identified in the County's adopted Public Facilkies Plan and FY 2000-2004 Capital Improvement Program and the impact of this development is discussed herein. The proffered conditions adequately mitigate the impact on capkal facilities, thereby insur'mg adequate service levels are maintained and protecting the health, safety and welfare of County citizens. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER 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.) CONDITIONS (STAFF/CPC) 1. The Textual Statement dated August 31, 1999, and the Proffered Conditions shall be considered the Master Plan. (P) (STAFF/CPC) 2. Two separate and remotely located access points shall be provided into the nursing/convalescent/rest home facilities, as generally shown on the Conceptual Plan. The exact locations of these access points shall be approved by the Fire Deparunent at the time of site plan review. (F) PROFFERED CONDITIONS (STAFF/CPC) 1. The architectural trea1~nent of all buildings, including materials and style, shall be compatible to the elevations which are attached to the Request Analysis and labeled as Exhibit "A". (P) (STAFF/CPC) 2. Common areas and ownership of property shall be regulated by Section 19-105(n) of the County Zoning Ordinance. (P) (STAFF/CPC) 3. A 100 foot building and parking setback shall be maintained along the northern property boundary adjacent to Manor Gate Subdivision. Pedestrian paths and other passive recreational uses and underground utilities shall be permitted with the 100 foot setback area, provided, however that such utilities shall be located so as not to run generally parallel through the northern seventy-five (75) feet of the 100 foot setback area. The northern seventy-five (75) feet of the 100 foot setback shall be maintained as a buffer and shall comply with Sections 19-520, 19-521(a) through (h) and 19-522. (P) (STAFF/CPC) 4. The plan prepared by Balzer and Associates, Inc. dated 8/30/99, title "The Villas at Dogwood Master Plan" shall be considered the Master Plan for the development. The parcels and acreage shown on the Master Plan may be increased or decreased by 20%. (P) 2 99SN0227/WP/OCT27K (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) The ultimate design of the development on Parcels "A", "B" and "C" shall generally conform with the Conceptual Plan prepared by Balzer and Associates, Inc., entkled "Village at Dogwood, Conceptual Plan" dated 8/30/99. The location of driveways, parking areas, roads and buildings need not be exactly as shown on the Conceptual Plan; however, the concepts of the Plan shall be generally adhered to such as ~zing the number of units and garages fronting the private drives in Parcel "C" and the relationship between uses within the development to each other and the relationship of the uses to adjacent properties and public rights of way. (P) Any above ground facilities required for water quantity or quality control shall be designed as wet ponds and shall be landscaped or otherwise improved so that the facilities become visual enhancements to, and amenities for, uses developed on the property. At the time of site plan review, a plan depicting these requirements shall be submitted for review and approval. (P & EE) Except as otherwise prohibited by the Virginia Fair Housing Law, the Federal Housing Law, and such other applicable federal, state, or local legal requirements, the occupancy of dwelling unks shall be restricted to "housing for older persons" as def'med in the Virginia Fair Housing Law and shall have no persons under 19 years of age domiciled therein. (B) Cash Proffer. For each dwelling unit, the applicant, subdivider, or assignee(s) shall pay $3,093.00 per dwelling unit to the County of Chesterfield, prior to the time of issuance of a building permit for infras~ct~e improvements within the service district for the Property if paid prior to July 1, 2000. At the time of payment, the $3,093.00 shall be allocated pro-rata among the facility costs as calculated annually by the County Budget Depamnent as follows: $660.00 for parks, $264.00 for library facilities, $251.00 for fire stations, $1,918.00 for roads. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $3,093.00 per unit for any units developed (pro-rata as set forth above) and shall be adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 1999 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2000. If any of the cash proffers am not expended for the proposes designated by the Capital Improvement Program within fifteen (15) years from the date of payment, they shall be returned in full to the payor. (B) 3 99SN0227/WP/OCT27K (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 10. 11. 12. 13. 14. 15. A minimum of 0.75 acre of open space/recreation area shall be provided on the property in the area labeled on the Conceptual Plan as "Community Facility" adjacent to, and including the clubhouse area, as depicted on the Conceptual Plan. The area shall be located and positioned to provide a "focal point" as one enters the project. Part of the area shall be "hardscaped' and have benches and other amenities that accommodate and facilitate gather'rags. The "Community Facility" Area shall be developed concurrent with the first phase of the single family residential development located on Parcel C. The exact design and location shall be approved by the Planning Department at the time of site plan review. (P) The public water and wastewater system shall be used. (U) Except for timbering approved by the Virginia State Depart]nent of Forestry for the purpose of removing dead or diseased trees, there shall be no timber'mg on the Property until a land disturbance permk has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) Sidewalks. A sidewalk shall be provided along both sides of all Private Drives, as generally shown on the Conceptual Plan. The exact treatment and location of the sidewalks shall be approved at the time of the site plan review. (P) Pedestrian Paths. Pedestrian paths shall be provided throughout the project. The exact treaunent and location ofthe pedestrian paths shall be approved at the time of site plan review. (P) Prior to any site plan approval one hundred (100) feet of right of way on the north skte Route 360 and thirty (30) feet of right-of-way onthe east side of Cosby Road, measured from the centerlines of that part of these roadways immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) Direct access to Route 360 shall be limited to one (1) entrance/exit, located towards the eastern property line. Direct access to Cosby Road shall be limited to one (1) entrance/exit located at the western property line. The exact location of these accesses shall be approved by the Transportation Department. Prior to any site plan approval, access easements, acceptable to the Transportation Deparunent, shall be recorded across the property to ensure shared use of these accesses with adjacent properties. (T) 4 99SN0227/WP/OCT27K (STAFF/CPC) 16. To provide an adequate roadway system, the developer shall be responsible for the following: Construction of an addkional lane of pavement along the westbound lanes of Route 360 for the entire property frontage; Construction of additional pavement along the westbound lanes of Route 360 at the approved access to provide a right turn lane; Construction of additional pavement along Cosby Road at the approved access to provide left and right turn lanes based on Transportation Department standards; and Dedication to Chesterfield County, free and unrestricted, any addkional right of way (or easements), required for the road improvements identified above. (T) (STAFF/CPC) 17. Prior to any ske plan approval, a phasing plan for the required road improvements as identified in Proffered Condition 16 shall be submitted to and approved by the Transportation Depamnent. (T) GENERAL INFORMATION Location: North line of Hull Street Road, northeast line of Cosby Road and located in the northeast quadrant of the intersection of these roads. Tax ID 717-671-1133, 3663, 3823, 5957, 9347 and 718-671- 2898 (Sheet 15). Existing Zoning: A Size: 36.9 acres Existing Land Use: Single family residential and vacant 5 99SN0227/WP/OCT27K Adjacent Zoning & Land Use: North - A with Conditional Use and 0-2 with Conditional Use Planned Development; Public/semi-public (school) and single family residential South - A; Single family residential and vacant East - C-5; Vacant West - A with Conditional Use and A with Conditional Use Planned Development; Commercial and residential single family UTILITIES Public Water System: There is an existing twenty-four (24) inch water line extending in an easement along the north side of HUll Street Road adjacent to portions of the request site. In addition, there is an existing eight (8) inch water line stubbed out for future extension along Cosby Road, adjacent to the request site. Use of the public water system is intended and has been proffered. (Proffered Condition 10) Public Wastewater System: There is an existing twenty-seven (27) inch wastewater trunk line extending along West Branch Creek approximately 1,500 feet north of the request site. Use of the public wastewater system is intended and has been proffered by the applicant. (Proffered Condition 10) ENVIRONMENTAL Drainage and Erosion: The entire property drains to the northwest and then via tributaries into Swift Creek Reservoir. This area is currently wooded with no known erosion or drainage problems and no adverse erosion or drainage problems downstream are anticipated after development. The property is partially wooded and, as such, should not be timbered except within the purview of a land disturbance permk. This will insure that adequate erosion control measures are in place prior to any land disturbance. (Proffered Condition 11) An exception has been request to the requirement to utilize curb and gutter along the private drives and parking areas which serve individual single family buildings in Parcel C, unless deemed necessary for property drainage. (Textual Statement, Parcel A.8.). 6 99SN0227/WP/OCT27K Water Quality: Since the request property drains to the Swift Creek Reservoir, development will be subject to the Upper Swift Creek water quality standards. Proffered Conditions address design of any above ground facilky reqtfired for water quantity or quality control (SWM/BMP). Specifically, the proffers requke that these areas be designed as amenities for the uses developed on the property. (Proffered Condition 6) PUBLIC FACILITIES The need for fke, library, park and transportation facilkies is identified in the Public Facilkies Plar~, the Thoroughfare Plan and the FY 2000-2004 Capkal Improvement Program and further detailed by specific depamnents herein. With the exception of schools (Proffered Condition 7), this development will have an impact on these facilkies. Fire Service: The Public Facilities Han indicates that emergency sen/ices calls are expected to increase forty-five (45) percent by the year 2015. Eight (8) new fire/rescue stations are recommended for construction by the year 2015 in the Public Facilities Plan. Based on a total of 128 multi-family and single family units, this request w'fll generate approximately twenty-five (25) emergency calls for fire and rescue services per year. The applicant has addressed the impact on these facilities. This does not include calls received from the nursing/convalescent/rest home facilities which historically number more than those for single/multi-family communities due to health problems. (Proffered Condition 8) This property is currently served by the Clover Hill Fire/Rescue Station, Company Number 7 and Manchester Rescue Squad. When the property is developed, the number of hydrants and quantity of water needed for fire protection will be evaluated dur'mg the plans review process. The Conceptual Plan depicts two (2) access points into the development from Route 360 and Cosby Road. The phasing for the construction of these accesses will be evaluated during the plans review process to ensure that adequate emergency access is maintained to all areas of the development should one (1) entrance become blocked. Further, at the time of plans review, the Fire Department will be requir'mg two (2) separate and remotely located access points into the nursing/convalescent/rest home facilities to ensure that emergency services vehicles can reach these buildings should either access become blocked. (Condition 2) 7 99SN0227/WP/OCT27K The proposed minimum private driveway width of twelve (12) feet serving one (1) single family dwelling and twenty (20) feet serving more than one (1) single family dwelling are acceptable widths for emergency equipment to gain access to the residential community. The cul-de-sac, located at the eastem terminus of this development, meets the minimum design standards for single family developments. Design details will be evaluated during the plans review process. Schools: Since there is an age restriction on the proposed multi-family uses and single family dwellings, this development will not have an impact on schools. (Proffered Condition 7) Libraries: Consistent with Board of Supervisors' policy, the impact of development on library services is assessed County-wide. Based on projected population growth, the Public Facilkies Plan identifies aneed for additionallibrary space throughout the County. Taking into account the additional space provkted by the two (2) currently funded projects, the new La Prade and Chester Libraries, there is still a projected need for 55,000 addkional square feet of library space County-wide by 2015. The proposed development would most likely have the greatest impact on Clover Hill Library. The Public Facilities Plan ktentifies a need for approximately 5,000 square feet of addkional library space for Clover Hill. The applicant has addressed the impact on capital facilities. (Proffered Condition 8) Parks and Recreation: The Public Facilities Plan identifies the need for two (2) new regional parks by 2015. This Plan further identifies a current need for 224 acres of regional park space in the northwestern part of the County. The applicant has offered measures addressing the impact of this development on these facilities. (Proffered Condition 8) Transportation: The Master Plan divides the property into three (3) parcels: Parcels A, B and C. Development of Parcels A and B is not limited to a specific use; therefore, it is difficult to anticipate traffic generation for that part of the property. The use of Parcel C will be limked to a maximum of fifty (50) single family dwellings. The applicant intends to develop Parcel B as seventy-eight (78 ) multi- family unks. Based on general office use on Parcel A, multi-family uses on Parcel B and single family uses on Parcel C, development is anticipated to generate approximately 2,680 average daily trips. These vehicles will be distributed to Hull Street Road (Route 360) which had a 1997 tmlTtc count of 19,113 vehicles per day and Cosby Road which had a 1996 traffic count of 180 vehicles per day. 8 99SN0227/WP/OCT27K The Thoroughfare Plan identifies Route 360 as a major arterial with a recommended right-of-way width of 120 to 200 feet. The applicant has proffered to dedicate 100 feet of right-of-way measured from the centerline of Route 360, in accordance with that Plan (Proffered Condition 14). Proffered Condition 14 also requires the developer to dedicate thirty (30) feet of right-of-way from the centerline of Cosby Road. Development must adhere to the Zoning Ordinance relative to access and internal circulation (Article VII, Division 5). Direct access to maj or arterials, such as Route 360, should be controlled. The applicant has proffered that direct access to Route 360 will be limited to one (1) entrance/exit, located towards the eastem property line (Proffered Condition 15). Due to the proximity of the property frontage to the Cosby Road/Route 360 intersection, the applicant has also proffered that direct access to Cosby Road will be limited to one (1) entrance/exit located towards the western property line (Proffered Condition 15). The proffered condition requires that access easements be recorded across the property to ensure shared use of both the Cosby Road and the Route 360 access with adjacent properties. Mitigating road improvements must be provided to address the uaffic impact of this development. The applicant has proffered to: 1) construct an additional lane of pavement along Route 360 for the entire property frontage; 2) construct additionalpavement along Route 360 at the approved access to provide a fight turn lane; and 3) construct addkional pavement along Cosby Road at the approved access to provide left and fight turn lanes, based on Transportation Deparunent standards (Proffered Condition 16). It may be necessary for the developer to acquire "off-site" fight-of-way to construct these road improvements. The Thoroughfare Plan identifies the need to improve existing roads, as well as construct new roads to accommodate growth. Area roads need to be improved to address safety and accommodate the increase in traffic generated by this development. The applicant has proffered to contribute cash towards addressing this impact. (Proffered Condition 8) At time of site plan review, specific recommendations will be provided regarding access and internal circulation. Financial Impact on Capital Facilities: PER DWELLING UNIT Potential Number of New Dwelling Unit s 128 * 1.00 Population Increase 2.77 2.77 Number of New Students Elementary 0.00 0.00 9 99SN0227/WP/OCT27K PER DWELLING UNIT Middle 0.00 0.00 High 0.00 0.00 TOTAL 0.00 0.00 Net Cost for Schools 0 0 Net Cost for Parks 89,984 703 Net Cost for Libraries 36,096 282 Net Cost for Fire Stations 34,304 268 Average Net Cost for Roads 262,016 2,047 TOTAL NET COST 422,400 3,300 * Based on a proffered maximum number of dwelling units. As noted, this proposed development will have an impact on capkal facilities. The applicant has proffered an ages restriction (Proffered Condkion 9). Based upon this proffer, there should be no impact on the school system. Staff has calculated the fiscal impact of every new dwelling unit on roads, parks, libraries and fire stations at $3,300 per unit. The applicant has been advised that a maximum proffer of $3,093 per unk would defray the cost of the capital facilkies necesskated by this proposed development. Consistent with the Board of Supervisors' policy, and proffers accepted from other applicants, the applicant has offered cash to assist in defraying the cost of this proposed development on such capital facilities. (Proffered Condkion 8) Note that circumstances relevant to this case, as presented by the applicant, have been reviewed and has been determined that it is appropriate to accept the maximum cash proffer in this case. LAND USE Comprehensive Plan: Lies wkhin the boundaries of the Upper Swift Creek Plan which suggests the property is appropriate for a mbx of uses to include multi-family residential uses of up to ten (10) units per acre and corporate office. One of the goals of the Plan is to accommodate transkional type uses such as that proposed by this application along the corridor with nodes of commercial services located at strategic intersections. 10 99SN0227/WP/OCT27K Area Development Trends: Properties to the northwest and west are zoned Agricukural (A) and are developed for a private school, outdoor recreation (miniature golf), a communications tower and a single family residence. Property to the northeast is zoned Corporate Office (0-2) and is developed as a single family residential subdivision. Vacant property to the east is zoned General Commercial (C-5) and areas to the south are zoned Agricultural (A) and are occupied by single family residences or are vacant. The Upper Swift Creek Plan suggests that this section of the Route 360 Corridor is appropriate for a mixture of uses to include residential development of various denskies, professional, business and administrative offices and integrated supporting uses. Site Design: The request property lies within an Emerging Growth Ama. Except as modified by this request, development must conform to the requirements of the Zoning Ordinance which address access, parking, landscaping, architectural treaunent, setbacks, signs, buffers, utilities and screening of dumpsters and loading areas. The Master Plan depicts the property divided into three (3) parcels of development. To allow flexibility based upon £mal engineer'mg design, the acreage of each parcel may be increased or decreased by twenty (20) percent (Proffered Condition 4). A Conceptual Plan, which is intended to be a general guideline for the relationship between uses in these three development parcels, has been included in this application (Proffered Condition 5). The Conceptual Plan includes building orientation, road configuration, location of common and recreation spaces, sidewalks and pedestrian walkways. Parcel A contains approximately fifteen (15) acres and permks limited commercial uses to include banks, nursery schools, child and adult day cam centers and kindergartens, offices, churches, funeral homes or mortuaries and rest, convalescent and nursing homes. (Textual Statement, Parcel A (a-f)). The Conceptual Plan proposes office uses along the Route 360 frontage and nursing/convalescent care on the southeast portion of the property. Parcel B contains approximately three (3) acres and permits a maximum of seventy-eight (78) multi-family dwelling units in addition to offices, convalescent homes, nursing homes and rest homes (Textual Statement, Parcel B (A.B.)). The Conceptual Plan depicts a multi-family residential facility in the central portion of the project. Within Parcel B, the applicant is requesting exceptions to parcel size, number of units on one floor level and setbacks for structures from drives and parking as applied to multi-family development. Specifically, the applicant wishes to develop multi-family uses on a minimum of two (2) acres instead of twenty (20); be allowed forty (40) dwelling units on the first floor level of a building instead often (10); be allowed a fifteen (15) foot building setback from driveways, reducible to five (5) feet if providing access exclusively to parking and drop off areas, instead of twenty-five (25) 11 99SN0227/WP/OCT27K feet; be allowed a five (5) foot building setback from parking areas rather than fifteen (15) feet and an exception to the one and one-half acre minimum provision for recreational area. Parcel C contains approximately nineteen (19) acres and permits a maximum of fifty (50) single family dwelling units not located on individual lots (Textual Statement, Parcel C (A)). This parcel is generally located along the western and northem boundaries of the property. The Conceptual Plan clusters residential units in small groups designed to minim~e the number of units and garages fronting the main private drives. The Conceptual Plan depicts these units fronting green space and common sidewalks. Enwances to the individual garages would be via private drives located to the rear of the individual dwelling units. Architectural Treatment: Architectural trealment of buildings, including materials, color and style, must be compatible with buildings located within the same project. Compatib'dity may be achieved through the use of similar building massing, materials, scale, colors and other architectural features. Within Emerging Growth Areas, no building exterior which would be visible to any A, R, R-TH, R-MF or O District or any public right of way may consist of architectural materials inferior in quality, appearance, or detail to any other exterior ofthe same building. There is, however, nothing to preclude the use of different materials on different building exteriors, but rather, the use of inferior materials on sides which face adjoining property. No portion of a building constructed of unadorned concrete block or corrugated and/or sheet metal may be visible from any adjoining A, R, R-TH, R-MF or O District or any public right of way. No building exterior may be constructed of unpainted concrete block or corrugated and/or sheet metal. In addkion to these requirements, the applicant has submkted a proffered condkioneqtfling that buildings be compatible with the attached elevations (Proffered Condition 1 ). These elevations depict an assisted living facility, a nursing homes and a single family "Cottage" dwelling which are constructed of brick veneer, or a combination of brick veneer and siding, with shingled roofs. The Zoning Ordinance will require that the archkectural treatment of all other buildings wkhin this development be compatible to the architectural style and materials of the buildings depicted in these elevations. All junction and accessory boxes must be minimized from view of adjacent property and public rights of way by landscaping or architectural treatment integrated with the building served. Mechanical equipment, whether ground-level or rooftop, must be screened from view of adjacent property and public rights of way and designed to be perceived as an integral part of the buiMing. Buffers & Screening: The Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters, garbage cans, trash compactors, etc.) be screened from view of adjacent property and public rights of way by a solid 12 99SN0227/WP/OCT27K fence, wall, dense evergreen plantings or architectural feature, be separated from any residentially zoned property or any property being used for residential purposes by the principal building and that such area within 1,000 feet of any residentially zoned property or property used for residential proposes not be serviced between the hours of 9:00 p.m. and 6:00 a.m. In addition, sites must be designed and buildings oriented so that loading areas are screened from any property where loading areas are prohibked and from public rights of way. Adjacent property to the north is zoned Corporate Office (0-2) with Condkional Use Planned Development and is occupied by single family residences (Manor Gate Subdivision). The Zoning Ordinance does not require a buffer along the northem property boundary of the request ske. The applicant has proffered a 100 foot building and parking setback along the northern boundary adjacent to Manor Gate Subdivision, of which the northern seventy-five (75) feet will be a buffer. ~Proffered Condition 3) Recreation and Common Spaces: The Zoning Ordinance requires that not less than ten (10) percent of the gross acreage ofa muki- family project be devoted to recreational use, with a minimum provision of 1.5 acres. This requirement is based upon a minimum project size of twenty (20) acres. The applicant proposes a .75 acre recreational area to serve a multi-family project that will not exceed 3.6 acres in size (three (3) acres plus twenty (20) percent). Although this recreational provision is less than the 1.5 acre minimum, it exceeds the standard requirement of ten (10) percent of the gross acreage devoted to the multi-family portion of this development. Further, since this is an elderly project, the demand for "active" recreation space is not as great as a typical high densky residential project. Further, open space is provided throughout the project, as shown on the Conceptual Plan. This recreational area, noted as "Community Facility" on the Conceptual Plan, is located at the entrance to the development, providing a focal point for the project. This area will be hardscaped with benches and other amenities to facilitate the gathering of residents. This area will be constructed in conjunction with development on Parcel C. (Proffered Condition 9) The Conceptual Plan also incorporates areas of common space throughout the project. Proffered conditions require that these areas be maintained by the developer unless and until such responsibility is relinquished to individual owners within the project or a non-profit council of co- owners. (Proffered Condition 2) Sidewalks and Paths: The applicant has agreed to provide sktewalks along both skies of all private drives, as generally shown on the Conceptual Plan (Proffered Condition 12). In addition, pedestrian paths are planned within the project, their exact location to be determined at the time of site plan review. (Proffered Condition 13) 13 99SN0227/WP/OCT27K Landscaping: Street trees and landscaping should be provided within the residential portions (Parcel C) of the project to enhance the residential appeal of the development, define private spaces and minimize the predominance of building mass and paved areas. The applicant proposes that street trees be planted along each side of the private drives that provide access to driveways and parking areas serving residents. Landscaping is to be installed around the pefnneter of all buildings, between buildings and driveways, within medians and within common spaces not occupied by recreational facilities. (Textual Statement, Parcel C. (A. 6. and 7.)) Otherwise, landscaping will be per the requirements of the Ordinance for Emerging Growth Areas. CONCLUSIONS The proposed zoning and land uses conform to the Upper Swift Creek Plan which suggests the property is appropriate for a mix of uses to include multi-family residential uses of up to ten (10) units per acres and corporate office uses. In addition, the applicant has proffered conditions which provide for amenities that will enhance the project and guarantee a quality development. The proffered conditions address the impacts of this development on necessary capkal facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the need for schools, parks, libraries and fire stations is identified in the County's adopted Public Facilities Plan and FY 2000-2004 Capital Improvement Program and the impact of this development is discussed herein. The proffered condkions adequately mkigate the impact on capital facilities, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of the County citizens. Given these considerations, approval of this request is recommended. CASE HISTORY Applicant and Staff (9/20/99): The applicant's representative contacted staff to discuss the timing of the construction of the clubhouse and other community facilities with this development. Proffered Condition 9 was revised to coordinate the construction of these recreational facilities with the first phase of the single family residential development on Parcel "C". Planning Commission Meeting (9/21/99): 14 99SN0227/WP/OCT27K The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Marsh, seconded by Mr. Shewmake, the Commission recommended approval of this request subject to the conditions on page 2 and acceptance of the proffered conditions on pages 2 through 5. AYES: Unanimous. The Board of Supervisors, on Wednesday, October 27, 1999, beginning at 7:00 p.m., will take under consideration this request. 15 99SN0227/WP/OCT27K A c zc A c c 0-5 0-2 zc HULL A R;'7 , ! ! N Case: 99SNO227 Rezoning: A to C-3 with C-U Sheet#: 15 99SN0227 In Matoaca Magisterial District, MARGARET S. CROSS requested rezoning and amendment of zoning district map from Agricultural (A) to Community Business (C 3) with Conditional Use to permit multi family residential uses and single family uses not located on individual lots. Residential use of up to 10 units per acre is permitted in a Multi family Residential (R MF) District. The Comprehensive Plan suggests the property is appropriate for mixed use corridor use. This request lies on 36.9 acres fronting approximately 900 feet on the north line of Hull Street Road, also fronting approximately 375 feet on the northeast line of Cosby Road and located in the northeast quadrant of the intersection of these roads. Tax ID 717 671 1133, 3663, 3823, 5957, 9347 and 718 671 2898 (Sheet iS) . Mr. Jacobson presented a summary of Case 99SN0227 and stated that the Planning Commission and staff recommend approval subject to conditions and acceptance of the proffered conditions. He noted that the request conforms to the UDDer Swift Creek Plan. 10/27/99 99 849 Mr. Lud Hudgins, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 99SN0227 subject to the following conditions: 1. The Textual Statement dated August 31, 1999, and the Proffered Conditions shall be considered the Master Plan. (P) 2. Two separate and remotely located access points shall be provided into the nursing/convalescent/rest home facilities, as generally shown on the Conceptual Plan. The exact locations of these access points shall be approved by the Fire Department at the time of site plan review. (F) And, further, the Board accepted the following proffered conditions: 1. The architectural treatment of all buildings, including materials and style, shall be compatible to the elevations which are attached to the Request Analysis and labeled as Exhibit '~A". (P) 2. Common areas and ownership of property shall be regulated by Section 19 105(n) of the County Zoning Ordinance. (P) 3 A 100 foot building and parking setback shall be maintained along the northern property boundary adjacent to Manor Gate Subdivision. Pedestrian paths and other passive recreational uses and underground utilities shall be permitted with the 100 foot setback area, provided, however that such utilities shall be located so as not to run generally parallel through the northern seventy five (75) feet of the 100 foot setback area. The northern seventy five (75) feet of the 100 foot setback shall be maintained as a buffer and shall comply with Sections 19 520, 19 521(a) through (h) and 19 522. (P) 4 The plan prepared by Balzer and Associates, Inc. dated 8/30/99, title '~The Villas at Dogwood Master Plan" shall be considered the Master Plan for the development. The parcels and acreage shown on the Master Plan may be increased or decreased by 20%. (P) 5 The ultimate design of the development on Parcels '~A", '~B" and '~C" shall generally conform with the Conceptual Plan prepared by Balzer and Associates, Inc., entitled '~village at Dogwood, Conceptual Plan" dated 8/30/99. The location of driveways, parking areas, roads and buildings need not be exactly as shown on the Conceptual Plan; however, the concepts of the Plan shall be generally adhered to such as minimizing the number of units and garages fronting the private drives in Parcel '~C" and the relationship between uses within 10/27/99 99 850 the development to each other and the relationship of the uses to adjacent properties and public rights of way. (P) 10 Any above ground facilities required for water quantity or quality control shall be designed as wet ponds and shall be landscaped or otherwise improved so that the facilities become visual enhancements to, and amenities for, uses developed on the property. At the time of site plan review, a plan depicting these requirements shall be submitted for review and approval. (P & EE) Except as otherwise prohibited by the Virginia Fair Housing Law, the Federal Housing Law, and such other applicable federal, state, or local legal requirements, the occupancy of dwelling units shall be restricted to "housing for older persons" as defined in the Virginia Fair Housing Law and shall have no persons under 19 years of age domiciled therein. (B) Cash Proffer. For each dwelling unit, the applicant, subdivider, or assignee(s) shall pay $3,093.00 per dwelling unit to the County of Chesterfield, prior to the time of issuance of a building permit for infrastructure improvements within the service district for the Property if paid prior to July 1, 2000. At the time of payment, the $3,093.00 shall be allocated pro rata among the facility costs as calculated annually by the County Budget Department as follows: $660.00 for parks, $264.00 for library facilities, $251.00 for fire stations, $1,918.00 for roads. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $3,093.00 per unit for any units developed (pro rata as set forth above) and shall be adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 1999 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2000. If any of the cash proffers are not expended for the purposes designated by the Capital Improvement Program within fifteen (15) years from the date of payment, they shall be returned in full to the payor. (B) A minimum of 0.75 acre of open space/recreation area shall be provided on the property in the area labeled on the Conceptual Plan as "Community Facility" adjacent to, and including the clubhouse area, as depicted on the Conceptual Plan. The area shall be located and positioned to provide a "focal point" as one enters the project. Part of the area shall be "hardscaped' and have benches and other amenities that accommodate and facilitate gatherings. The "Community Facility" Area shall be developed concurrent with the first phase of the single family residential development located on Parcel C. The exact design and location shall be approved by the Planning Department at the time of site plan review. (P) The public water and wastewater system shall be used. 10/27/99 99 851 11 12 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 on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) Sidewalks. A sidewalk shall be provided along both sides of all Private Drives, as generally shown on the Conceptual Plan. The exact treatment and location of the sidewalks shall be approved at the time of the site plan review. (P) 13 16 Pedestrian Paths. Pedestrian paths shall be provided throughout the project. The exact treatment and location of the pedestrian paths shall be approved at the time of site plan review. (P) Prior to any site plan approval one hundred (100) feet of right of way on the north side Route 360 and thirty (30) feet of right of way on the east side of Cosby Road, measured from the centerlines of that part of these roadways immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) Direct access to Route 360 shall be limited to one (1) entrance/exit, located towards the eastern property line. Direct access to Cosby Road shall be limited to one (1) entrance/exit located at the western property line. The exact location of these accesses shall be approved by the Transportation Department. Prior to any site plan approval, access easements, acceptable to the Transportation Department, shall be recorded across the property to ensure shared use of these accesses with adjacent properties. (T) the developer To provide an adequate roadway system, shall be responsible for the following: a. Construction of an additional lane of pavement along the westbound lanes of Route 360 for the entire property frontage; b. Construction of additional pavement along the westbound lanes of Route 360 at the approved access to provide a right turn lane; c. Construction of additional pavement along Cosby Road at the approved access to provide left and right turn lanes based on Transportation Department standards; and Dedication to Chesterfield County, free and unrestricted, any additional right of way (or easements), required for the road improvements identified above. (T) 10/27/99 99 852 17. Prior to any site plan approval, a phasing plan for the required road improvements as identified in Proffered Condition 16 shall be submitted to and approved by the Transportation Department. (T) Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 10/27/99 99 853