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05SN0239STAFF' S REQUEST ANALYSIS AND RECOMMENDATION OSSN0239 (AMENDED) The Cheatham Family Limited Partnership Clover Hill Magisterial District Clover Hill Elementary, Swift Creek Middle and Clover Hill High Schools Attendance Zones Northwest quadrant of Hull Street Road and Route 288 RE VESTS: I. Rezoning from Agricultural (A) to Community Business (C-3) with Conditional Use to permit multifamily and townhouse uses plus a Conditional Use Planned Development to permit exceptions to Ordinance requirements. II. Waiver to street connectivity to Red Chestnut Drive. PROPOSED LAND USE: A mixed-use development consisting of various housing types, office and commercial uses is planned. Residential development would be limited to no more than 600 units. There is the potential that the only uses developed will be residential in nature. (NOTE: IN ORDER FOR THE BOARD OF SUPERVISORS TO CONSIDER THIS REQUEST AT THEIR MARCH 10, 2010 PUBLIC HEARING, A X1,000.00 DEFERRAL FEE MUST BE PAID.) Providing a FIRST CHOICE community through excellence in public service PLANNING COMMISSION RECOMMENDATION L RECOMMEND APPROVAL OF THE REZONING AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 3 THROUGH 8. AYES: MESSRS. GECKER, GULLEY, LITTON AND WILSON. NAY: MR. BASS. II. RECOMMEND APPROVAL OF THE WAIVER TO STREET CONNECTIVITY. AYES: MESSRS. GECKER, GULLEY, BASS, LITTON AND WILSON. (NOTE: SINCE THE COMMISSION'S CONSIDERATION OF THIS CASE, AND BASED UPON APPLICATION OF THE CASH PROFFER POLICY AS DISCUSSED HEREIN, THE PROFFER OFFERED TO MITIGATE THE IMPACT ON CAPITAL FACILITIES IS NOT CONSISTENT WITH THE POLICY. CONSEQUENTLY, STAFF' S RECOMMENDATION HAS BEEN MODIFIED TO REFLECT THIS.) STAFF RECOMMENDATION Re uest I: Recommend approval of the rezoning subject to the applicant fully addressing the impact of the proposed development on capital facilities and addressing access concerns. This recommendation is made for the following reasons: A. The proposed zoning and land uses conform to the Upper Swift Creek Plan which suggests the property is appropriate for regional mixed use uses, including high density residential, corporate office and commercial uses. B. The proffered conditions do not mitigate the impact on capital facilities, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. C. Even with Proffered Conditions requiring that the residential units be sprinkled, failure to provide additional public road connection does not address the health, safety and welfare concerns of the Fire Department. Re uest II: Recommend denial of the waiver to street connectivity requirement to Red Chestnut Drive for the following reason: The evaluation of the Policy criteria for granting such relief necessitates design details that can best be provided through the subdivision review process. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY 2 05SN0239-MAR10-BOS-RPT A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS (STAFF/CPC) 1. Master Plan. The Textual Statement dated February 8, 2005, and last revised August 8, 2007, shall be considered the Master Plan. (P) (STAFF/CPC) 2. Utilities. Public water and wastewater systems shall be used. (U) (STAFF/CPC) 3. Senior Housing. Any dwelling units designated for "age restricted" housing shall be noted on the site plan and/or on any subdivision plat. Such dwelling units shall be grouped together as part of the same development section(s). (P) (CPC) 4. Impacts on Capital Facilities. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield, for infrastructure improvements within the service district for the property: A. Prior to the issuance of a building permit for each dwelling unit other than age restricted dwelling units defined in Proffered Condition 14, the applicant, subdivider, or assignee(s) shall pay to the County of Chesterfield the following amounts for infrastructure improvement within the service district for the property: l.) If payment is made prior to July 1, 2007, $15,600.00 per dwelling unit; 2.) If payment is made after June 30, 2007, the amount approved by the Board of Supervisors not to exceed $15,600.00 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2006, and July 1 of the fiscal year in which the payment is made. B. Prior to the issuance of a building permit for each dwelling unit that is designated "age-restricted" the applicant, subdivider, or assignee(s) shall pay to the County of Chesterfield the following amounts for infrastructure improvement within the service district for the property: l.) If payment is made prior to July 1, 2007, $10,269.00 per dwelling unit. At time of payment 3 05SN0239-MAR10-BOS-RPT $10,269.00 will be allocated pro-rata among the facility costs as follows: $602.00 for parks and recreation, $348.00 for library facilities, $8,915.00 for roads and $404.00 for fire stations; or 2.) If payment is made after June 30, 2007, the amount approved by the Board of Supervisors not to exceed $10,269.00 per dwelling unit pro-rated as set forth in Proffered Condition 4.B.1. above and adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2006, and July 1 of the fiscal year in which the payment is made. C. At the option of the Transportation Department the cash proffer payment may be reduced for road improvements by an amount not to exceed the amount that would be paid in cash proffers for the road component as identified in Proffered Conditions 4.A. and 4.B. above, exclusive of those road improvements identified in Proffered Condition 8, performed by the applicant, subdivider, or assignee(s), as determined by the Transportation Department. D. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. E. Should any impact fees be imposed by the County of Chesterfield at any time during the life of the development that are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited toward, but not be in addition to, any impact fees, in a manner determined by the County. (B & M) (STAFF/CPC) 5. Timberin . Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) (STAFF/CPC) 6. Access to Hull Street Road. No direct vehicular access shall be provided from the property to Hull Street Road, other than an emergency access as referenced in Proffered Condition 13. (T) (STAFF/CPC) 7. Connectivity. A stub road shall be provided to GPIN #733-681- 0761 and shall be constructed to VDOT standards prior to the recordation or site plan approval of more than 13 5 dwelling units. (T & P) 4 05SN0239-MAR10-BOS-RPT (STAFF/CPC) 8. Road Improvements. The developer shall be responsible for the following: A. Construction of two (2) additional lanes to provide afour- lane divided facility for Market Square Lane from Old Hundred Road to the western property line of the subject parcel; B. Construction of additional pavement to provide afour-lane, undivided facility (i.e. two (2) northbound lanes and two (2) southbound lanes) for Old Hundred Road from Millridge Parkway to Market Square Lane; C. Construction of additional pavement to provide a three (3) lane typical section (i.e. two (2) southbound lanes and one (1) northbound lane for Old Hundred Road from Market Square Lane to Tall Hickory Drive. The exact length of this improvement shall be approved by the Transportation Department; D. Deletion of the connection from Market Square Lane to the access drive located on GPIN #733-678-5976, with the exact design approved by the Transportation Department; E. Construction of a separate left turn lane along Old Hundred Road southbound at the Market Square Lane intersection; F. Construction of additional pavement along Old Hundred Road to provide an additional southbound lane at its intersection with Hull Street Road (Route 360); G. Full cost of traffic signalization at the Old Hundred Road/Market Square Lane intersection, if warranted, as determined by the Transportation Department; H. Full cost of traffic signal modification at the Route 360/Old Hundred Road intersection; I. Dedication to Chesterfield County, free and unrestricted, 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 these improvements. 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 5 05SN0239-MAR10-BOS-RPT 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, as determined by the Transportation Department. (T) (STAFF/CPC) 9. Phasing Plan. Prior to any construction plan approval or prior to any site plan approval, whichever occurs first, a phasing plan for the required road improvements, as identified in Proffered Condition 8, shall be submitted to and approved by the Transportation Department. (T) (STAFF/CPC) 10. Transportation DensitX. For traffic planning purposes, the maximum density of this development shall be a combination of uses that would produce a maximum of 648 AM and 596 PM peak hour trips or equivalent densities as approved by the Transportation Department. (T) (STAFF/CPC) 11. Route 288 Setback. Except as noted here in, a minimum setback distance of two hundred (200) feet exclusive of required yards, shall be provided from the limited access right-of way for Route 288 to any residential dwelling unit. Natural vegetation shall be retained within the setback area unless removal is required to install noise attenuation measures or is approved by the Planning Commission. This minimum setback distance from the limited access right-of way for Route 288 may be reduced up to a distance of 150 feet for any multifamily residential building that exceeds two (2) stories in height and contains more than twenty (20) dwelling units if a noise study demonstrates that such a reduction is acceptable to the Director of Transportation. (T) (STAFF/CPC) 12. Public Roads. In residential development, all roads that accommodate general traffic circulation through the development, as determined by the Transportation Department, shall be designed and constructed to VDOT standards and taken into the State System. Setbacks from these roads shall be identified for special access streets pursuant to Section 19-505(b) of the Zoning Ordinance, subj ect to approval by the Planning Department and the Transportation Department at the time of site plan and/or tentative subdivision review. (T) (CPC) 13 . Emer . ency access. In lieu of a second public access, an emergency access shall be provided from the property to Hull Street Road, either directly or indirectly through GPIN #733-678- 5976 or 733-678-9465 prior to occupancy of more than fifty (50) 6 05SN0239-MAR10-BOS-RPT units. The location of this emergency access shall be reviewed and approved by the Transportation and Fire Department. The design and maintenance of this emergency access shall be reviewed and approved by the Fire Department in conjunction with site plan approval. Additional emergency accesses may be approved by the Planning Commission at time of Schematic Plan approval. (T & F) (STAFF/CPC) 14. Age Restriction. Except as otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Act, and such other applicable federal, state or local legal requirements, dwelling units designated as age-restricted shall be restricted to "housing for older persons"; as defined in the Virginia Fair Housing Law and no persons under 19 years of age shall reside therein. (P) (STAFF/CPC) 15. Buildin~g_ht. Any buildings constructed within three hundred (300) feet of Nuttree Subdivision shall be limited to two stories in height or thirty five (35) feet in height, whichever is less. (P) (STAFF/CPC) 16. Li htin . a. Exterior lighting shall meet the requirements of the Zoning Ordinance for the Village District except that porch lights, lamps, decorative, and period lighting that is in keeping with the pedestrian oriented character of the development and that do not use high intensity discharge lamps, shall be exempted from said requirements. Lamps attached to a building shall be no higher than the roofline or parapet wall. b. Generally, streetlights shall be located on both sides of public roads. Streetlight fixtures, poles, and lamp types shall be consistent along a street. The maximum height of streetlights shall be twenty (20) feet. The selected streetlight shall be compatible with the pedestrian oriented character of the development. The exact type of streetlight(s) and the locations shall be determined at the time of Site Plan and/or Subdivision Plan review. (P) (STAFF/CPC) 17. Densi .The total number of dwelling units shall not exceed 600. ~P) (STAFF/CPC) 18. Open Space. At a minimum, the following Open Space areas shall be provided: a. Within the Property, a minimum of 25 percent of the gross acreage shall be devoted to open space. 7 05SN0239-MAR10-BOS-RPT b. Of this open space, a minimum of 2.0 acres shall be usable to accommodate recreational and social gatherings for residents and employees. Facilities to accommodate these uses shall be provided in the usable open space and can include, but not to be limited to, pavilions, gazebos, neighborhood parks, trails, hardscaped areas with benches, and other amenities to facilitate community use. This open space may include a clubhouse, which shall serve as a focal point and gathering place for the residents. Prior to the issuance of more than 300 residential certificates of occupancy, the clubhouse shall be completed. c. Focal Point. A minimum of 0.75 acres of open space shall be provided to establish a "focal point". Part of the area shall be "hardscaped" and have benches and other amenities that accommodate and facilitate gatherings. A portion of the focal point may include areas devoted to water facilities. The focal point shall be developed concurrent with the first phase of residential development. The exact design and location shall be approved by the Planning Department at the time of site plan and/or tentative subdivision review. (P) (CPC) 19. Second Public Road. A second public road access shall be constructed to VDOT standards prior to the recordation of a maximum of 13 5 single family and/or townhouse units and/or the recordation or site plan approval of a cumulative total of 400 dwelling units. (P) (CPC) 20. Sprinkled Residential Units. Prior to a second public road access being provided all residential units shall be sprinkled. Any residential units that are constructed after the second public road access is in place shall be constructed to the standard building code requirements. (F & BI) GENERAL INFORMATION T,ncati~n~ North line of Hull Street Road, west line of Route 288 and located in the northwest quadrant of the intersection of these roads. Tax IDs 733-680-Part of 9439; 734-678- 2276; and 734-681-0526 and 3904. 8 05SN0239-MAR10-BOS-RPT Existing Zoning: A Size: 63.5 acres Existing Land Use: Vacant Adjacent Zoning and Land Use: North - A; Vacant South - C-4: Commercial East - A and I- l : Vacant West - R-7, A and C-2: Single-family residential and commercial 1 ITTT ,TTTF,~ Public Water System: There is an existing eight (8) inch water line crossing Market Square Lane approximately 230 feet west of this site. In addition, atwenty-four (24) inch water line extends along the north side of Hull Street Road adjacent to this site and an eight (8) inch water line extends along Red Chestnut Drive adjacent to the northwest boundary of this site. Use of public water is intended (Proffered Condition 2). Due to flow limitations in this area, the internal water line network within this development will require looping of water lines with connections at Hull Street Road and Red Chestnut Drive, in Nuttree Subdivision, Section 2. Public Wastewater S,, sue: A twenty-seven (27) inch wastewater trunk line extends along Nuttree Branch, adjacent to the northeast boundary of this site. In addition, an eight (8) inch wastewater collector line extends across a portion of this site to serve the existing Nuttree Subdivision and other adjacent development. Use of the public wastewater system is intended (Proffered Condition 2). Extending along the right of way of Route 288 within an easement on this site are two (2) wastewater force mains with a diameter of sixteen (16) and twenty-four (24) inches. The developer will be required to take whatever measures necessary to protect the existing force mains. 9 05SN0239-MAR10-BOS-RPT ENVIRONMENTAL Drainage and Erosion: The subj ect property drains to the north to Nuttree Creek and then from Nuttree Creek to Swift Creek. There are currently no on- or off site drainage or erosion problems and none are anticipated after development. The property is currently wooded and, as such, should not be timbered without obtaining a land disturbance permit from the Department of Environmental Engineering (Proffered Condition 5). This will insure that adequate erosion control measures are in place prior to any land disturbance. Water ualit Nuttree Creek and two (2) small creeks adjacent to Nuttree are perennial streams and, as such, are subject to a 100-foot conservation area inside of which uses are very limited. PUBLIC FACILITIES The need for fire, school, library, park and transportation facilities is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program. The residential portion of this development will have an impact on these facilities. Fire Service: The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls are expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6) new fire/rescue stations are recommended for construction by 2022 in the Plan. In addition to the new stations, the Plan also recommends the expansion of five (5) existing stations. Based on 600 dwelling units, this request will generate approximately 136 calls for fire and emergency medical service each year. The applicant has not offered measures to fully address the impact on fire and EMS. (Proffered Condition 4) The Fire Department normally requires a second public road access for more than fifty (50) dwelling units. The applicant has proffered the use of an emergency access road in lieu of the second access (Proffered Conditions 6 and 13). The Fire Department does not approve of the use of an emergency access in lieu of a second public access to the site. Proffered Condition 19 requires construction of a second public road access prior to the recordation of 135 single family and/or townhouse dwelling units or prior to the recordation or site plan approval of a cumulative total of 400 dwelling units. With this condition there is the potential for up to 399 dwelling units to be developed on only one public road access. These additional conditions still do not address the health, safety and welfare concerns of the Fire Department. 10 05SN0239-MAR10-BOS-RPT The Clover Hill Fire Station, Company Number 7, currently provides fire protection and emergency medical service. when the property is developed, the number of hydrants, quantity of water needed for fire protection, and access requirements will be evaluated during the plans review process. Sch~~ls: Approximately 294 (Elementary: 132, Middle: 66, High: 96) students will be generated by this development. Currently this site lies in the Clover Hill Elementary School attendance zone: capacity - 746, enrollment - 843; Swift Creek Middle School zone: capacity -1,030, enrollment -1,022; and Clover Hill High School zone: capacity -1,573, enrollment - 1,629. The enrollment is based on September 30, 2009 and the capacity is as of 2008-2009. This request will have an impact at the elementary and high school level. There are currently eight (8) trailers at Clover Hill Elementary, eight (8) at Swift Creek Middle and four (4) at Clover Hill High. Anew Clover Hill High School will open in the fall of 2010. This case combined with other residential developments and zoning cases in the area, will continue to push these schools over capacity, necessitating some form of relief in the future. The applicant has not fully offered measures to address the impact of this development on schools facilities. (Proffered Condition 4) Libraries: Consistent with the Board of Supervisors' policy, the impact of development on library services is assessed Countywide. Based on projected population growth, the Public Facilities Plan identifies a need for additional library space throughout the County. Development of the property noted in this case would most likely impact the La Prade Library, the Clover Hill Library or a proposed new branch library in the Reams-Gordon area. A need for additional library space in this area of the county is identified in the Public Facilities Plan. The applicant has not offered measures to fully address the impact of this development on library services. (Proffered Condition 4) Parks and Recreation: The Public Facilities Plan identifies the need for three (3) new regional parks, seven (7) community parks, twenty-nine (29) neighborhood parks and five (5) community centers by 2020. In addition, the Public Facilities Plan identifies the need for ten (10) new or expanded special purpose parks to provide water access or preserve and interpret unique recreational, cultural or environmental resources. The Plan identifies shortfalls in trails and recreational historic sites. 11 05SN0239-MAR10-BOS-RPT The applicant has not offered measures to assist in fully addressing the impact of this proposed development on these parks and recreational facilities. (Proffered Condition 4) Transportation: The property is approximately sixty-four (64) acres located in the northwest quadrant of the Route 288/Route 360 interchange. The applicant is requesting rezoning that will permit a mixture of commercial and residential uses. The Upper Swift Creek Plan suggests the property is appropriate for Regional Mixed Use, which could include a regional shopping center. Development of the property as a regional shopping center could generate approximately 19,000 average daily trips (ADT), with approximately 400 trips occurring during the AM peak hour and 1,800 trips occurring during the PM peak hour. The roads in this area cannot accommodate the additional traffic that would be generated by a regional shopping center. The applicant has proffered to limit development on the property to that which is anticipated to generate 648 AM peak hour and 596 PM peak hour trips (Proffered Condition 10). As an example, a mixture of 175 single-family units; 150 townhouses; 100 congregate care facility units; 150,000 square foot nursing home and 170,000 square feet of general office could be developed within these limitations. This mixture of uses would be anticipated to generate approximately 5,800 ADT, which is significantly less than the 19,000 ADT that would be anticipated with a regional shopping center. These trips would be distributed to Old Hundred Road and Hull Street Road (Route 360). Old Hundred Road had a 2009 traffic count of 11,307 ADT between Genito Road and Millridge Parkway. Route 360 in this area had a 2009 traffic count of 74,519 ADT. Due to the limited property frontage and the proximity to the Route 288 interchange, no direct access should be provided from the property to Route 3 60. The applicant has proffered that direct access to Route 3 60 will be limited to one (1) emergency access (Proffered Condition 6). The property also has access to Route 360 via an existing private driveway in the Market Square Shopping Center. The applicant has proffered to delete the easternmost connection from Market Square Lane to the Market Square Shopping Center, discouraging traffic from using the existing private driveway that accesses Route 360. (Proffered Condition 8.C) The traffic impact of this development must be addressed. The applicant has proffered to provide significant road improvements such as widening of market Square Lane to a four (4) lane divided facility between Old Hundred Road and the western property line, widening Old Hundred Road to four (4) lanes between Market Square Lane and Millridge Parkway, widening Old Hundred Road to three (3) lanes from Market Square Lane to Tall Hickory Drive, constructing a separate left turn lane along Old Hundred Road at Market Square Lane, constructing an additional southbound lane at the Old Hundred Road/Route 360 intersection, and signalization of the Old Hundred Road/Market Square Lane intersection (Proffered Condition 8). Even with these improvements, the Old Hundred Road/Route 360 intersection will be beyond capacity (Level of Service F). Much of the traffic from this development will travel through this extremely congested 12 05SN0239-MAR10-BOS-RPT intersection. There are no plans to provide any additional improvements to this intersection and the only way to achieve an acceptable level of service would be to reconstruct it as agrade-separated facility. The proffered improvements to Old Hundred Road will result in widening adjacent to the Planters Wood and Heritage Woods sections of the Brandermill Subdivision. Specifically, the improvements adjacent to Heritage Woods will result in Old Hundred Road being shifted closer to the rear yards of the homes adjacent to the roadway. Off site right-of way may be required to construct some of the proffered road improvements. According to Proffered Condition B.H, if the developer needs off site right-of way for construction of the improvements, and is unable to acquire it, the developer may request the county to acquire the right-of way as a public road improvement. If the county chooses not to assist with the right-of way acquisition, the developer will not be obligated to acquire the off site right-of way and will only be obligated to construct road improvements within available right-of way. 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 mitigating the traffic impact of the residential part of this development (Proffered Condition 4). This amount is not consistent with the Board of Supervisors' Policy; therefore, the Transportation Department cannot support this request. The Zoning Ordinance allows streets within townhouse developments to be privately maintained. Staff recommends that all of the main streets within this project be accepted into the State Highway System. Having these streets accepted into the State Highway System will ensure their long-term maintenance. The applicant has proffered that all streets which accommodate general traffic circulation will be designed and constructed to State (i.e., the Virginia Department of Transportation) standards and taken into the State System. (Proffered Condition 12) 13 05SN0239-MAR10-BOS-RPT Financial Impact on Capital Facilities: PER UNIT Potential Number of New Dwelling Units 600 1.00 Population Increase 1,608.00 2.68 Number of New Students Elementary 132.00 0.22 Middle 72.00 0.12 High 96.00 0.16 TOTAL 300.00 0.50 Net Cost for Schools $5,485,800 $9,143 Net Cost for Parks 786,200 1,227 Net Cost for Libraries 177,000 295 Net Cost for Fire Stations 368,400 614 Average Net Cost for Roads 8,539,200 14,232 TOTAL NET COST $15,306,600 $25,511 ~ Based on a proffered maximum of 600 dwelling units (Proffered Condition 17). The actual number of dwelling units and corresponding impact may vary. As noted, this proposed development will have an impact on capital facilities. At the time this application was submitted, the calculated fiscal impact of every new dwelling unit on schools, roads, parks, libraries, and fire stations was $11,549 per unit. Effective July 1, 2009 the maximum per-dwelling-unit cash proffer was increased to $18,966. Per policy, this development's proposal becomes subject to the maximum cash proffer in place at the time the case is heard before the Board if it is not approved within two (2) years of its application date. This revision to the cash proffer policy has been applied to the development's proposal, as the application is still pending. The maximum cash proffer of $18,966 per unit at this time would defray the cost of the capital facilities necessitated by this proposed development. Further, a maximum of $12,484 per unit would defray the cost of developing the age-restricted portion of the development as it would have no increased impact on school facilities. The applicant has offered $15,600 per dwelling unit to address the impact of the development on capital facilities. The applicant has further offered $10,269 for each age-restricted dwelling unit (Proffered Condition 4). The proffered conditions do not adequately address the proposed development's impact on capital facilities. Consequently, the county's ability to provide adequate facilities to its citizens will be adversely impacted. Note that circumstances relevant to this case, as presented by the applicant, have been reviewed and it has been determined that it is appropriate to accept the maximum cash proffer in this case. 14 05SN0239-MAR10-BOS-RPT The Board of Supervisors, through their consideration of this request, may determine that there are unique circumstances relative to this request that may justify acceptance of proffers as offered for this case. T , ANTI T TCF, Comprehensive Plan: Lies within the boundaries of the Upper Swift Creek Plan. On June 25, 2008, the Board of Supervisors adopted amendments to the Upper Swift Creek Plan. These amendments addressed levels of service standards for schools, fire and emergency services; road infrastructure needs; water quality; and a growth management boundary. The adopted plan suggests the property is appropriate for office/residential mixed use; however, regional mixed use is also suggested as appropriate with adequate road improvements and design standards to address transitions and compatibility. This application was filed prior to the Board's adoption of the amended Plan. As such, staff's evaluation of this request is based upon the previous Upper Swift Creek Plan in effect prior to these amendments. This previous Plan suggests the property is appropriate for regional mixed use. Area Development Trends: The property lies within the northwest quadrant of Hull Street Road and Route 288. Current uses adjacent to the project consist of retail uses to the south and west and single- family residential uses on a portion of the property to the west. Property to the north and to the east, across Route 288, remains vacant. It is anticipated that a mix of commercial, office and higher density residential uses will continue within this regional node with single-family residential anticipated to the north. Street Connectivity: An exception to the "Residential Subdivision Connectivity Policy" is requested so as to preclude any road connections to Red Chestnut Drive. In addition to promoting fire and emergency services safety, subdivision road connections provide mterconnectivity between residential developments, thereby reducing congestion along collector and arterial roads and providing a convenient and safe access to neighboring properties. The "Policy" allows the Board, through the Commission's recommendation, to waive the requirement for streets in new subdivisions to connect to adjacent public streets that are designed as local streets, residential collectors and thoroughfare streets. Staff must evaluate waivers based upon three (3) criteria: (1) there must be a sufficient number of other stub streets to adequately disperse traffic and not cause a concentrated use of any one (1) stub street; or (2) the connection to a particular stub will cause concentrated traffic at that location; (3) the projected traffic volume on any one (1) local street within an existing subdivision exceeds 1,500 vehicle trips per day. 15 05SN0239-MAR10-BOS-RPT Without additional design information relative to road layout, staff cannot determine if the criteria for granting the waivers can be met. Therefore, it is recommended that consideration of this waiver be evaluated during the plans review process when more detail is available. Further, the applicant has agreed to provide a stub road to adjacent property to the north identified as Tax ID 733-681-0761 (Proffered Condition 7). This stub road is to be constructed to VDOT standards prior to recordation or site plan approval of more than 13 5 dwelling units. Development Standards: The property is proposed for a mix of residential uses, to include cluster, townhouse and multifamily, commercial and office uses, as well as buildings that accommodate a mix of residential and non-residential uses. The development will have a neotraditional design, incorporating sidewalks, street trees and open space. (Textual Statement I. A.) The property is divided into three (3) development tracts as depicted on the Zoning Map prepared by Balzer and Associates last revised March 1, 2007. The Tracts' locations and sizes, including further divisions into Sub-tracts, may be modified so long as land use transitions and compatibility between different uses are addressed. Uses are to be located and developed as described in the Textual Statement (Attachment) and as provided in the proffered conditions. (Textual Statement I. B.) The request property also lies within the 360 Corridor West Area Highway Corridor District. Unless specifically regulated by the Textual Statement, development of commercial and office uses, to include multifamily uses located above such commercial and office uses, must comply with the Highway Corridor District standards and the Emerging Growth Area requirements of the Zoning Ordinance (Textual Statement III.A.2.). Together, these standards address access, parking, landscaping, architectural treatment, setbacks, signs, buffers, pedestrian access, utilities and screening of dumpsters and loading areas. The purpose of the Highway Corridor District Standards is to recognize specified areas of the county as unique and to enhance patterns of development in those areas. The purpose of the Emerging Growth District Standards is to promote high quality, well-designed proj ects. Ling: In keeping with the pedestrian oriented character of the proposed project the applicant has agreed to provide pedestrian scale lighting. (Proffered Condition 16) Uses Permitted in all Tracts: Passive and active recreational uses limited to facilities and uses that primarily serve the surrounding residential community would be permitted within all Tracts, except that 16 05SN0239-MAR10-BOS-RPT Tract C is to be limited to only passive recreation. The Textual Statement provides for setbacks, buffers and other restrictions to minimize the impact of such recreational uses on adjoining properties designated on the Plan for residential development. (Textual Statement II. B) Uses and Special Development Standards: Tract A represents the majority of the property and fronts along Hull Street Road and a portion of Route 288. This Tract permits a mix of commercial and office uses, as well as townhouse and multifamily units, and commercial and office buildings which will accommodate multifamily residential uses on upper floors. Within Tract A, non- residential uses would be restricted to a limited number of uses permitted by right or with restrictions in the Community Business (C-3) District. Permitted and restricted uses in the Residential Townhouse (R-TH) District, multifamily and single-family residential (cluster) uses and recreational uses as previously noted, would also be allowed in Tract A (Textual Statement, II.A.). Development requirements for multifamily, townhouse and single-family uses in Tract A are noted in Textual Statement, III, A.2.b., c., and d. Tract B is proposed for development for permitted and restricted uses in the Residential Townhouse (R-TH) District and single-family residential (cluster) lots (Textual Statement, III.B.I.). Development requirements for these uses are noted in Textual Statement, III.A.2.c. and d. Tract C, the northern portion of the property, would be limited to passive recreation uses only. (Textual Statement, II.B.) Commercial and Office Uses: As previously noted, development of commercial and office uses, to include multifamily uses located above such commercial and office uses, must comply with the Highway Corridor District standards and the Emerging Growth Area requirements of the Zoning Ordinance, except there shall be no setback requirements. (Textual Statement, III.A.2. a) Multifamily: Multifamily residential use is limited to a maximum density of twenty (20) dwelling units per gross acre. Except as stipulated in the proffered conditions, development requirements for such uses are noted in Textual Statement, III.A.2.b. Townhouse Uses: Given the potential for commercial or office uses adjacent to townhouse lots, the applicant has indicated any record plat for such townhouse lots shall note the potential for adjacent commercial or office use. The development requirements for townhouse uses are noted in Textual Statement, III.A.2.c. 17 05SN0239-MAR10-BOS-RPT Sin le-Family Residential Uses: Single-family residential development is to be in a cluster style on lots as small as 2,700 square feet. The minimum gross floor area for cluster dwellings is 1,600 square feet. Development requirements for these dwellings and accessory structures are noted in Textual Statement, III.A.2.d. In addition, as with the townhouse development, any record plat for single-family residential lots shall note the potential for adj acent commercial or office use. Architectural Treatment: Currently, within the Route 360 Corridor West Area, the Ordinance requires a clearly identifiable architectural theme for a proj ect that provides for building elements that break up large building masses with a pedestrian scale environment between parking areas and buildings. The Zoning Ordinance requires the architectural treatment of buildings must be compatible with buildings located within the same project or within the same block or directly across any road, as determined by the Director of Planning. The applicant has offered to provide architectural compatibility within each Tract, but not necessarily within the project as a whole (Textual Statement II. I.). Compatibility maybe achieved through the use of similar building massing, materials, scale, colors and other architectural features. In addition, Textual Statement II. I., provides that a written and/or graphic description of the overall architectural treatment of buildings within Tracts A or B will be submitted to the Planning Commission for review and approval. To minimize any adverse impact of buildings on adjacent residents in Nuttree Subdivision, the applicant has provided any buildings within 300 feet of the subdivision would be limited to a height of three (3) stories or thirty-five (35) feet, whichever is less. (Proffered Condition 15) Residential Density: This request would permit the development of up to 600 dwelling units (Proffered Condition 17). This could potentially yield a density of approximately 9.5 units per acre. Depending upon how much acreage is devoted to non-residential development, the per acre density of residential development would increase. As previously noted, the density of multifamily residential development is limited to no more than twenty (20) dwelling units per gross acre. The proposed residential uses comply with the Plan relative to density. Parking and Driveways: The Ordinance requires the provision of two (2) off street parking spaces for each dwelling unit, except that age restricted multifamily dwellings require a minimum of 1.2 parking spaces for each unit. The applicant is requesting that any "housing for older persons", to include single family and townhouse, provide a minimum of 1.2 parking 18 05SN0239-MAR10-BOS-RPT spaces for each unit. In addition, an exception is requested to permit on street parking to be credited towards this minimum requirement. (Textual Statement II.G.) For commercial or office uses in Tract A, parking would typically be calculated at shopping center standards of 4.4 spaces for every 1000 gross square feet of uses. Given the urban character of this development, it would be appropriate to permit a reduction in the required spaces consistent with Ordinance requirements for Village Districts, or approximately 4.0 spaces for every 1000 gross square feet with a credit for on-street parking where permitted. The applicant is requesting that parking be provided at 3.4 spaces for every 1000 gross square feet of commercial and office uses in Tract A. (Textual Statement II.G.3) With no data to substantiate reduction in parking requirements for both age-restricted single family and townhouse residential products and commercial or office development, staff cannot support exceptions to the parking standards of the Ordinance beyond those for Village Districts. The applicant has proposed that alleys, where provided, would serve the rear or side portion of a lot. Standards and locations of alleys are noted in Item II.F. of the Textual Statement. Private driveways and alleys serving residential uses are to be hardscaped, with the exact treatment to be approved at plan review. Garages: The applicant has indicated the possibility of front-loaded garages within this development, and has provided such garages would be no closer to the street than the front facade of the dwelling unit (Textual Statement II.E.). This provision is consistent with the policy for front loaded garages. Street Trees and Sidewalks: Except along Routes 288 and 360, street trees are to be provided or retained along both sides of all public roads within the development. Additionally, sidewalks are to be provided along both sides of all public roads (Textual Statement II.C. and D.). These requirements are in keeping with the cluster standards. Age Restriction: Proffered Condition 14 provides for the option of limiting occupancy of some or all of the proposed dwelling units to "housing for older persons" as defined in the Virginia Fair Housing Law. While during the initial marketing of the project this restriction may be clear to prospective occupants, there is a risk that long-term, dwelling units may be sold or rented to individuals that do not meet this age-restriction. Given staff's inability to pro-actively enforce this condition prior to the purchase and occupancy of dwelling units, staff recommends that this proffer not be accepted. 19 05SN0239-MAR10-BOS-RPT Proffered Condition 3 requires any housing units designed for occupancy by seniors to be grouped together and identified on site plans or subdivision plats in an effort to accurately track the impacts on capital facilities and long term enforcement of the occupancy restrictions. Recreational Facilities, Open Space and Focal Point: Passive and active recreational uses limited to facilities and uses that primarily serve the surrounding residential community would be permitted (Textual Statement II.B.). Such uses include, but are not limited to, picnic areas, trails, sidewalks, ponds, swimming pools, outdoor courts, and clubhouses. Recreation areas within multifamily developments shall consist only of passive facilities in the form of walking trails (Textual Statement III.C.). The Textual Statement provides for setback and buffer restrictions, among other requirements, to minimize the impact of recreational uses on surrounding residential development. The applicant has agreed to devote a minimum of twenty-five percent (25%) of the gross acreage of the development to open space (Proffered Condition 18.A). This equates to approximately 15.9 acres. Of this acreage, a minimum of two (2) acres is to be usable space to accommodate recreational and social gatherings for residents and employees and may include a clubhouse, which is to be completed prior to issuance of more than three hundred (300) residential certificates of occupancy. (Proffered Condition 18.A) The applicant has offered a minimum of 0.75 acres of proposed open space to serve as a focal point for the project (Proffered Condition 18.C.). This area is to be developed with the first phase of residential development. Part of the focal point is to be hardscaped and such area shall provide amenities to accommodate and facilitate gatherings. Typically, a focal point is provided within each section of such developments. Staff would recommend the typical standards for focal points for this proposal. Buffers and Screening: Adjacent property to the north and northwest is zoned Agricultural (A) and designated on the Plan for residential or is zoned Residential (R-7) and is occupied by single-family residences in Nuttree Subdivision or remains vacant. The Ordinance requires aseventy- five (75) foot buffer adjacent to these properties. At the time of schematic or site plan review, the Planning Commission may modify this buffer under certain circumstances. In keeping with the mixed-use nature of the development, the applicant proposes no buffers between uses within the development (Textual Statement, II.H.) CONCLUSIONS while the proposed zoning and land uses conform to the Upper Swift Creek Plan which suggests the property is appropriate for regional mixed-use uses, the application fails to adequately 20 05SN0239-MAR10-BOS-RPT address the impacts on capital facilities and access concerns of the Fire Department relative to the provision of a second access for more than fifty (50) dwelling units. The proffered conditions do not adequately address the impacts of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the need for roads, is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program, and the impact of this development is discussed herein. The proffered conditions do not adequately mitigate the impact on these facilities, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. The application fails to provide additional public road connection to the property thereby not addressing the health, safety and welfare concerns of the Fire Department. The application does not address connectivity to Red Chestnut Drive per the Board's adopted "Residential Subdivision Connectlvlty Pollcy", as discussed herein. Evaluation of the Policy criteria for granting such relief necessitates design detail that can best be provided through the subdivision review process. Given these considerations, approval of the rezoning subj ect to the applicant fully addressing the impact on capital facilities (Request I) and denial of the waiver to street connectivity requirements (Request II) is recommended. CASE HISTORY Planning Commission Meeting (2/20/07): At the request of the applicant, the Commission deferred this case to May 15, 2007. Staff (2/22/07) The applicant was advised in writing that any significant new or revised information should be submitted no later than March 12, 2007, for consideration at the Commission's May 15, 2007, public hearing. Also, the applicant was advised that a $250.00 deferral fee must be paid prior to the Commission's public hearing. Applicant (3/l/07): Revised proffered conditions and Textual Statement were submitted. Applicant (3/7/07): The applicant paid the $250.00 deferral fee. 21 05SN0239-MAR10-BOS-RPT Applicant (4/ 11 /07) Revised proffered conditions were submitted. Applicant (4/27/07): The applicant requested deferral. Applicant (5/15/07): Revised proffered conditions were submitted. Planning Commission Meeting (5/15/07): At the request of the applicant, the Commission deferred this case to July 17, 2007. Staff (5/16/07): The applicant was advised in writing that any significant, new or revised information should be submitted no later than May 21, 2007, for consideration at the Commission's July 17, 2007, public hearing. Also, the applicant was advised that a $250.00 deferral fee must be paid prior to the Commission's public hearing. Area Property Owners, Applicant, Staff and Clover Hill District Commissioner (5/16/07): A meeting was held to discuss this case. Concerns were expressed relative to traffic, connectivity, road improvements and if there will be rental units. Applicant (5/24/07): Revised proffered conditions and Textual Statement were submitted. Applicant (6/19/07): Revised proffered conditions were submitted. 22 05SN0239-MAR10-BOS-RPT Applicant (6/27/07): Revised proffers and Textual Statement were submitted and the $250.00 deferral fee was pai . Planning Commission Meeting (7/17/07): At the request of the applicant, the Commission deferred this case to August 21, 2007. Staff (7/ 18/07) The applicant was advised in writing that any significant, new or revised information should be submitted no later than July 23, 2007, for consideration at the Commission's August 21, 2007, public hearing. Also, the applicant was advised that a $500.00 deferral fee must be paid prior to the Commission's public hearing. Applicant (7/18/07 and 7/20/07): Amended proffered conditions were submitted. Applicant (8/8/07): Amended proffered conditions and Textual Statement were submitted. Applicant (8/17/07 and 8/20/07): Amended proffers were submitted. Staff (8/21 /07) The deferral fee was paid. Planning Commission Meeting (8/21/07): The applicant did not accept the recommendation. There were several area property owners who spoke in support of the waiver to connectivity and one expressed concern about closing the access to Market Square Lane. 23 05SN0239-MAR10-BOS-RPT Mr. Gecker expressed concerns relative to the number of units on one public road access and the impact should the access be blocked. Mr. Gulley indicated area access has been a continuing problem in this area. He noted an adjacent church is providing an emergency access and that long-term a second public road access would be provided to the north. A motion was made by Mr. Gulley, seconded by Mr. Bass, to recommend approval of the rezoning and acceptance of the proffered conditions on pages 2 through 7. AYES: Messrs. Gulley and Bass. NAYS: Messrs. Gecker and Litton. ABSTENTION: Mr. Wilson. Due to a lack of a majority vote, the case carried over the Commission's September 18, 2007, public hearing. Applicant (9/18/07): Revised proffered conditions were submitted. Planning Commission Meeting (9/18/07): On their own motion, the Commission deferred this case to October 16, 2007. Staff (9/ 19/07) The applicant was advised in writing that any significant, new or revised information should be submitted no later than September 24, 2007, for consideration at the Commission's October 16, 2007, public hearing. Staff (9/28/07): To date, no new information has been submitted. Planning Commission Meeting (10/16/07): On their own motion, the Commission deferred this case to their November 20, 2007, public hearing. 24 05SN0239-MAR10-BOS-RPT Staff (10/17/07): The applicant was advised in writing that any new or revised information should be submitted no later than October 22, 2007, for consideration at the Commission's November public hearing. Applicant (10/23/07): Revised proffered conditions were submitted. Planning Commission Meeting (11/20/07): The applicant accepted the recommendation. There was opposition present expressing concerns relative to density and the impact on area roads. There was support present for the waiver to connectivity indicating that the road connection would adversely impact the adj acent Nuttree Subdivision. There was also support present indicating that the development may contribute to the revitalization of the adjacent Market Square Shopping Center. Mr. Gulley indicated that given the limiting factors of this case regarding access, the applicant had addressed the Transportation Department's concerns. He further indicated that additional residential uses would enhance the adjacent Market Square Shopping Center. Mr. Litton concurred that the development would benefit the adjacent commercial property, but expressed concerns relative to the density and the fact that area schools are over capacity. He also expressed concerns that the application does not guarantee a commercia component. Mr. Bass expressed concerns that area roads are inadequate to accommodate additional traffic. On motion of Mr. Gulley, seconded by Mr. Wilson, the Commission recommended approval of the rezoning. AYES: Messrs. Gecker, Gulley, Litton and Wilson. NAY: Mr. Bass. On motion of Mr. Gulley, seconded by Mr. Litton, the Commission recommended approval of the waiver to street connectivity requirements. AYES: Messrs. Gecker, Gulley, Bass, Litton and Wilson. 25 05SN0239-MAR10-BOS-RPT Board of Supervisors' Meeting (1/9/08): On their own motion, the Board deferred this case to their March 12, 2008 public hearing. Staff (1/10/08): The applicant was advised in writing that any significant new or revised information should be submitted no later than January 14, 2008 for consideration at the Board's March 12, 2008 public hearing. Staff, Applicant, Area Property Owners and Clover Hill District Supervisor (1 /25/08) A meeting was held to discuss the proposal. Concerns were expressed relative to the traffic impact and the lack of a guarantee of a mix of commercial and residential uses. Board of Supervisors' Meeting (3/12/08): On their own motion, the Board deferred this case to their May 28, 2008 public hearing to allow the Transportation Department time to conduct their analysis of traffic issues. Staff (3/13/08): The applicant was advised in writing that any significant new or revised information should be submitted no later than March 17, 2008 for consideration at the Board's May 28, 2008 public hearing. Staff (4/17/08): To date, no new information has been received. Board of Supervisors' Meeting (5/28/08): On their own motion, the Board deferred this case to their September 24, 2008 public Baring. 26 05SN0239-MAR10-BOS-RPT Staff (5/29/08): The applicant was advised in writing that any significant, new or revised information should be submitted no later that June 9, 2008, for consideration at the Board's September 24, 2008, public hearing. Staff (8/21/08): To date, no new information has been received. Board of Supervisor's Meeting (9/24/08): On their own motion, the Board deferred this case to their December 17, 2008 public Baring. Staff (10/7/08): The applicant was advised in writing that any significant, new or revised information should be submitted no later than October 8, 2008, for consideration at the Board's December 17, 2008 public hearing. Staff (11/21/08): To date, no new information has been received. Staff (11/25/08): The County's transportation consultants have completed a corridor study for Old Hundred Road. Meetings are being scheduled with area representatives. Board of Supervisors' Meeting (12/17/08): At the request of the applicant, the Board deferred this case to June 24, 2009. 27 05SN0239-MAR10-BOS-RPT Staff (12/18/08): The applicant was advised in writing that any significant new or revised information should be submitted no later than March 9, 2009 for consideration at the Board's June 24, 2009 public hearing. Also, the applicant was advised that a $1,000.00 deferral fee must be paid prior to the Board's public hearing. Staff (5/20/09): To date, no new information has been received, nor has the $1,000.00 deferral fee been pai . Staff (6/ 11 /09) The deferral fee was paid. Board of Supervisors' Meeting (6/24/09): At the request of the applicant, the Board deferred this case to their regularly scheduled meeting in March, 2010. Two citizens spoke in favor of the deferral so the applicants can find workable solutions for traffic impacts. Staff (6/25/09): The applicant was advised in writing that any significant new or revised information should be submitted no later than January 11, 2010 for consideration at the Board's March, 2010 public hearing. Also, the applicant was advised that a $1,000.00 deferral fee must be paid prior to the Board's public hearing. Staff (2/22/10): To date, no new information has been received, nor has the $1,000.00 deferral fee been pai . The Board of Supervisors, on Wednesday, March 10, 2010 beginning at 6:30 p.m., will take under consideration this request. 28 05SN0239-MAR10-BOS-RPT ~ ~f' a ~ ~, i J ~~~ ~ U m ~ ` r ~ N w ~~, S -~ ~ ~ _ - ~ ~ r ~ J .._ ~ ~ J ~~ ~ - ti ~ ~ ~ _ ~ ~. __~ l ~ ~ - -~~ ~ 1 ~, ~ 1 l ~ 1~ ~_ ~• i ~' ~ ~ 1 ~ .~ `~ ~I ~ ~~~ ~~~~-~ 1 ~ l ~ ~ ~ ~ % -~~ ~~ N ~ ~~ ~ '~ l1 / ~ ~ ~ ~ 1 ~ ~ 1 ~ $~ .. 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