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11SN0149 CASE MANAGER: Jane Peterson November 16, 2010 CPC December 13, 2010 CPC January 18, 2011 CPC February 23, 2011 BS STAFF’S REQUEST ANALYSIS AND RECOMMENDATION 11SN0149 (Amended) Centex Homes Inc Bermuda Magisterial District Ecoff Elementary; Carver Middle; and Bird High Schools Attendance Zones West line of South Chalkley Road REQUEST: Rezoning from Residential Multi-family (R-MF) to Residential Townhouse (R- TH) plus Conditional Use Planned Development approval to permit exceptions to Ordinance requirements on 11.4 acres, plus proffered conditions on an adjacent 5.2 acre tract zoned Residential Multi-family (R-MF). PROPOSED LAND USE: Residential townhouse uses are proposed on the west side of South Chalkley Road. Proffered conditions would limit density to fifty-four (54) dwelling units, yielding a maximum density of 4.7 dwelling units per acre. Exceptions are requested to the required front yard setbacks for dwelling units. (Proffered Conditions 1 and 2.A and Textual Statement) Proffered conditions are offered on the existing multifamily development located on the east side of South Chalkley Road (Stonebridge Condominiums) relative phasing completion of this condominium project in tandem with the proposed townhouse development. (Proffered Condition 15) PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 6. Ю±ª·¼·²¹ ¿ Ú×ÎÍÌ ÝØÑ×ÝÛ ½±³³«²·¬§ ¬¸®±«¹¸ »¨½»´´»²½» ·² °«¾´·½ ­»®ª·½» RECOMMENDATION Recommend denial for the following reason: Whereas the Central Area Plan suggests the proposed Residential Townhouse (R-TH) property is appropriate for a mix of community-scale development to include commercial and office uses with integrated townhouse or multi-family residential development, the application does not fully mitigate impacts of the townhouse project on capital facilities and, thereby would not insure adequate service levels are maintained to protect the health, safety and welfare of County citizens. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS. CONDITIONS NOTED ONLY AS “CPC” ARE CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS The Owner-Applicant in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffers that the development of the property known as Chesterfield County Tax ID 778-651-6195 from RMF to RTH with a CUPD to permit bulk exceptions, and Part of Tax ID 779-652-1512 for the purpose of proffering a phasing plan linking the existing R- MF with the R-TH and subject to the conditions and provisions as set forth below; however, in the event the request is denied or approved with conditions not agreed to by the Applicant, these proffers shall be immediately null and void and of no further force or effect. Proffered Conditions 1-14 herein below shall apply to Tax ID 778-651-6195. Proffered Condition 15 shall apply to Tax ID 778-651-6195 and Part of Tax ID 779-652-1512. (CPC) 1. Except as stated herein, the Textual Statement dated October 15, 2010 and Exhibit “A” dated August 28, 2010, entitled “Stonebridge Gardens West at Ironbridge Plaza,” prepared by Townes Site Engineering shall be considered the Master Plan. (P) (CPC) 2. Dwelling Units. A. The maximum number of dwelling units shall be 54. B. A maximum of thirty five (35) dwelling units shall contain more than two (2) bedrooms. No dwelling units shall have more than three (3) bedrooms. Unit types shall be designated on building permits. C. Each dwelling unit constructed on the Property shall have a minimum gross floor area of one thousand three hundred fifty (1,350) square feet. î ïïÍÒðïìçóÚÛÞîíóÞÑÍóÎÐÌ D. All dwelling units shall have the same number of floors/stories. E. Not less than forty (40) percent of the exposed portions of the exterior of the front of each building constructed on the Property shall be constructed of brick or stone veneer with the remainder of such exposed exterior portions being constructed of vinyl siding or cement board siding or other materials approved by the Planning Commission in connection with subdivision review. F. Not less than forty (40) percent of the exposed portion of the exterior of the rear of each building where the rear yard fronts S. Chalkley Road shall be constructed of brick or stone veneer with the remainder of such exposed exterior portions being constructed of vinyl siding or cement board siding or other materials approved by the Planning Commission in connection with subdivision review. G. Roofs shall be of asphalt shingles or other materials with a minimum life of twenty (20) years. (P) (CPC) 4. Foundations. Dwelling foundations shall be brick or stone veneer. (P) (CPC) 5. Garages. Front loaded garages shall be located no closer to the street than the front facade of the dwelling unit on three story dwelling units. Front loaded garages shall be located no closer to the street than ten (10) feet from the front facade of the dwelling unit on less than three story dwelling units. (P) (CPC) 6. Driveways. All private driveways shall be hardscaped with asphalt, concrete, or aggregate. (P) (CPC) 7. Focal Point/Recreation Area. A. Open space shall be provided as shown on Exhibit A at the entrance from South Chalkley Road and Branders Creek Drive so as to provide a focal point for the community. This focal point shall be hardscaped and have benches and possibly other amenities to accommodate and facilitate gatherings. This focal point shall be developed concurrent with the first phase of development. B. Recreational areas shall be provided as shown on Exhibit A, which shall include a system of mulch trails a minimum of four (4) feet in width and fitness stations. There shall be no requirement for a clubhouse building. í ïïÍÒðïìçóÚÛÞîíóÞÑÍóÎÐÌ C. Recreational amenities shall not include playground equipment, playfields, or other facilities primarily associated with children’s play. (P) (CPC) 8. Fence. A decorative fence shall be maintained along (i) the boundaries of the Property adjacent to South Chalkley Road and (ii) along Branders Creek Drive for a distance of approximately two hundred forty (240) feet from South Chalkley Road. The design shall match the existing decorative fence at the adjacent property known as Stonebridge. (P) (CPC) 9. Sidewalks. Sidewalks shall be provided on both sides of all rights of way for public roads. To the extent allowed by VDOT, such sidewalks may be located within the rights of way for the public roads. In addition, a system of mulch walking trails or pathways shall be provided within the Property which trails or pathways shall have a minimum width of four (4) feet. (P) (CPC) 10. Street Trees. Street trees shall be installed along each side of the public roads within the Property. If existing trees are maintained, they may be counted toward this requirement. The exact location, spacing, size and species of plantings shall be approved by the Planning Department prior to final subdivision approval. (P) (CPC) 11. Landscaping. Landscaping shall be provided around the perimeter of all buildings, between buildings and driveways, within medians and within common areas not occupied by recreational facilities or other structures. Landscaping shall comply with the requirements of the Zoning Ordinance Sections 19-516 through 19-518(f). Landscaping shall be designed to (i) minimize the predominance of building mass and paved areas, (ii) define private spaces and (iii) enhance the residential character of the development. The Planning Department, at the time of subdivision review, shall approve the landscaping plan with respect to the exact numbers, spacing, arrangement and species of plantings. (P) (CPC) 12. Covenants. Restrictive covenants initially recorded with the development shall contain a provision requiring the homeowners association to be responsible for exterior maintenance of all dwelling units and landscaping on individual lots. (P) (CPC) 13. Cash Proffers. A. For all dwelling units initially constructed with more than two (2) bedrooms the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit for infrastructure improvements within the service district for the property; provided however that for the period from July 1, 2010 to June 30, 2014 the applicant, sub-divider, or ì ïïÍÒðïìçóÚÛÞîíóÞÑÍóÎÐÌ assignee(s) shall pay the following to the County of Chesterfield, immediately after completion of the final inspection: 1. $15,281.00 per dwelling unit, if paid prior to July 1, 2011; or 2. The amount approved by the Board of Supervisors not to exceed $15,281.00 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2010 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2011. B. For all dwelling units initially constructed with two (2) or fewer bedrooms the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit for infrastructure improvements within the service district for the property provided however that for the period from July 1, 2010 to June 30, 2014 the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, immediately after completion of the final inspection: 1. $7,960.00 per dwelling unit, if paid prior to July 1, 2011; or 2. The amount approved by the Board of Supervisors not to exceed $7.960.00 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2010 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2011. C. For all dwelling units in excess of 48, the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit for infrastructure improvements within the service district for the property; provided however that for the period from July 1, 2010 to June 30, 2014 the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, immediately after completion of the final inspection: 1. $18,966.00 per dwelling unit, if paid prior to July 1, 2011; or 2. The amount approved by the Board of Supervisors not to exceed $18,966.00 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2010 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2011. ë ïïÍÒðïìçóÚÛÞîíóÞÑÍóÎÐÌ D. Building plans submitted for building permits shall designate the number of bedrooms in each dwelling unit. E. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. F. Should Chesterfield County impose impact fees 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 in addition to, any impact fees, in a manner as determined by the County. If Chesterfield should adopt a “workforce” or “affordable” housing program which eliminates or permits a reduced cash proffer, the cash proffer for any dwelling unit on the Property that is designated as “workforce” or “affordable” housing, that meets all the requirements of the adopted “workforce” or “affordable” housing program, and for which a cash proffer has not yet been paid shall be adjusted to be consistent with the approved “workforce” or “affordable” housing program. (B&M) (CPC) 14. Transportation. A. All roads that accommodate general traffic circulation through the Property as determined by the Chesterfield Transportation Department shall be designed and constructed to VDOT standards and taken into the State System. B. Direct vehicular access from the Property to South Chalkley Road shall be limited to one (1) public road. The exact location of this access shall be approved by the Transportation Department. No direct vehicular access shall be provided from the Property to Carver Heights Drive. (T) (CPC) 15. Construction Phasing. The Property shall be developed in conjunction with the development and build out of the adjacent property known as “Stonebridge Condominiums” being the fourteen (14) remaining condominium units which have not been issued building permits. Prior to issuance of the twenty-first (21st) building permit on the Property, at least six (6) units at Stonebridge Condominiums shall have certificates of occupancy issued. Prior to issuance of the fortieth (40th) building permit on the Property, at least four (4) additional units at Stonebridge Condominiums shall have certificates of occupancy issued. (P) ê ïïÍÒðïìçóÚÛÞîíóÞÑÍóÎÐÌ GENERAL INFORMATION Location: The request property is located in the southwest corner of Branders Creek Drive and South Chalkley Road and the east line of South Chalkley Road, south of Branders Creek Drive. Tax IDs 778-651-6195 and 779-652- Part of 1512. Existing Zoning: R-MF with Conditional Use Planned Development Size: 16.6 acres (11.4 acres for proposed R-TH; 5.2 acres for existing R-MF) Existing Land Use: Vacant Adjacent Zoning and Land Use: North - C-3, C-5 and R-MF; Commercial or residential multi-family (condominiums) South - A with conditional use and A; Commercial or vacant East - R-7; Single-family residential West - R-MF with conditional use planned development; Residential multi-family (apartments) UTILITIES Public Water and Wastewater Systems: Connection for the townhouse development to the public water and wastewater systems is required by County Code. ENVIRONMENTAL This proposal will have minimal impact upon these facilities. PUBLIC FACILITIES The need for schools, parks, libraries, fire stations and transportation facilities is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program and further detailed by specific departments in the applicable sections of this Request Analysis. é ïïÍÒðïìçóÚÛÞîíóÞÑÍóÎÐÌ Fire Service: The Public Facilities Plan indicates that Fire and Emergency Medical Service (EMS) calls are expected to increase forty-four (44) to seventy-seven (78) percent by 2022. Six (6) new fire/rescue stations are recommended for construction by 2022 in the Plan. In addition to the six (6) new stations, the Plan also recommends the expansion of five (5) existing stations. Based on fifty-four (54) townhouse dwelling units, this request will generate approximately fifteen (15) calls for fire and emergency medical service each year. The applicant has not fully addressed the impact of the proposed townhouses on Fire and EMS. (Proffered Condition 13) The Chester Fire Station, Company Number 1, 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. Schools: Approximately twenty-six (26) (Elementary: 12, Middle: 6, High: 8) students will be generated by this townhouse request. This site lies in the Ecoff Elementary School attendance zone: capacity - 825, enrollment – 754; Carver Middle School zone: capacity – 1,275, enrollment – 1,124; and Bird High School zone: capacity – 1,982, enrollment - 1,789. The enrollment is based on September 30, 2010 and the capacity is as of 2010- 2011. This request will have an impact on all schools. There are two (2) trailers at Ecoff Elementary; three (3) trailers at Carver Middle; and five (5) trailers at Bird High. The applicant has not fully addressed the impact of this townhouse development on school facilities. (Proffered Condition 13) Libraries: The Public Facilities Plan identifies a need for additional library space throughout the County. This case would most likely impact either the existing Chester or Central Libraries. The Plan indicates a need for additional library space in the Chester service area. The Capital Improvement Program identifies a need to complete 6,000 square feet of unfinished space in the Central Library. The applicant has not offered measures to adequately address the impact of this townhouse development on library facilities. (Proffered Condition 13) Parks and Recreation: The Public Facilities Plan identifies the need for three (3) regional, seven (7) community and twenty-nine (29) neighborhood parks by 2020. In addition, there is currently a shortage of community and neighborhood park acreage in the county. The Plan identifies a need for 354 acres of regional park space, 252 acres of community park space and 199 è ïïÍÒðïìçóÚÛÞîíóÞÑÍóÎÐÌ acres of neighborhood park space by 2020; linear and resource-based special purpose parks (historical, cultural and environmental); recreational facilities; water access; and trails. The applicant has not offered measures to adequately address the proposed townhouse development’s impact on these parks and recreation facilities. (Proffered Condition 13) County Department of Transportation: In December 2004 and July 2005, the Board of Supervisors approved rezoning requests (Cases 04SN0326 and 05SN0263) to Residential Multi-family (R-MF) for 24.6 acres, which included the subject property. The applicant’s request will have a similar traffic impact as the previously approved zoning cases. The Transportation Department cannot support this request because the applicant has not adequately addressed the traffic impact of the townhouse development per the Board of Supervisors’ Cash Proffer Policy. The applicant has proffered a maximum density of fifty-four (54) dwelling units (Proffered Condition 2). Based on townhouse trip rates, development of the property could generate approximately 380 average daily trips (ADT). These vehicles will be initially distributed along South Chalkley Road, Carver Heights Drive and Route 10. Route 10 had a 2009 traffic count of 31,303 vehicles per day. Vehicular access to major arterials, such as South Chalkley Road and Carver Heights Drive, should be controlled. The applicant has proffered that direct vehicular access from the property to South Chalkley Road will be limited to one (1) public road and no direct vehicular access will be provided to Carver Heights Drive. (Proffered Condition 14.B.) 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 provide for 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 14.A.) Area roads need to be improved to address safety and accommodate the increase in traffic generated by this proposed residential development. The applicant has proffered to contribute some money towards mitigating the traffic impact of the proposed residential development; however, the amount is not consistent with the Board of Supervisors’ Cash Proffer Policy (Proffered Condition 13). As development continues in this part of the county, traffic volumes on area roads will substantially increase. Cash proffers alone will not cover the costs of the improvements needed to accommodate the traffic increases. As stated earlier, without the applicant fully addressing the traffic impact of the residential development, the Transportation Department cannot support this request. ç ïïÍÒðïìçóÚÛÞîíóÞÑÍóÎÐÌ Virginia Department of Transportation (VDOT): VDOT notes that the proposed rezoning request involves a proposed development that is subject to: (1) the VDOT 2009 Secondary Street Acceptance Requirements (SSAR); (2) the current VDOT Access Management Requirements for Minor Arterials, Collectors, and Local Streets; and (3) the VDOT Road Design Manual (particularly including, but not limited to, Appendix A and Appendix B1). Secondary Street Acceptance Issues – Area Type and Connectivity Indices: Streets to be accepted into the state secondary road system must satisfy the following specific public benefit requirements: Connectivity of road and pedestrian networks Pedestrian accommodations Public Service An overall narrative statement showing how the proposed roadway network fulfills the specific public benefit requirements shall be provided. Acceptable connectivity computations, and their basis including rationale for intersections and/or street segments not counted, are to be provided no later than at the time of initial submission of a construction plan. The required pedestrian access by the development’s area type (sidewalks on both sides of the streets required, and are proposed). The required street widths, pedestrian accommodations, and curb and gutter, and all other road elements including the requisite offset between right-of-way line and items to be maintained by VDOT, and any other necessary roadway elements, shall be confirmed to fit within the proposed right-of-way, in accordance with applicable standards, with elements placed concentric to the street centerline. The Master Plan as presented, dated August 26, 2010, may be accepted as the framework for a Master Plan for the proposed Stonebridge Gardens West project, after the public benefit requirements are resolved Should further subdivision into subsections be desired, please note that each subsection must stand alone as a network addition, in full compliance with the SSAR. VDOT Access Management Requirements for Minor Arterials, Collectors, and Local Streets: The distance between the centerline of the proposed street entrances to the proposed development need to be in compliance with the current Access Management spacing requirements relative to the intersection of Branders Creek Road and South Chalkley Road. ïð ïïÍÒðïìçóÚÛÞîíóÞÑÍóÎÐÌ VDOT Road Design Manual, Appendix A, and Appendix B1 Design and Other Subdivision Design Elements shall apply: Project elements will be reviewed at time of construction plan submission in terms of meeting the VDOT requirements for road way acceptance. The application did not include any consideration of traffic generation by proposed uses of the site. Therefore, turn lane warrants to the site shall be provided, as appropriate, at the time of construction plan submission. Turn lanes shall be provided, if warranted, in accordance with VDOT design and construction practices. Financial Impact on Capital Facilities: PER DWELLING UNIT Potential Number of New Dwelling Units 54*1.00 Population Increase 144.182.67 Number of New Students Elementary 11.880.22 Middle 5.940.11 High 8.640.16 TOTAL 26.460.49 Net Cost for Schools $506,520$9,380 Net Cost for Parks 66,8521,238 Net Cost for Libraries 16,740310 Net Cost for Fire Stations 37,746699 Average Net Cost for Roads 770,79614,274 TOTAL NET COST $1,398,654$25,901 *Based on a proffered maximum number of lots (Proffered Condition 2). The actual number of dwelling units and corresponding impact may vary. At the time of the original rezoning, the applicant offered the maximum cash proffer of $11,500 per dwelling unit for those having more than two (2) bedrooms and $5,991 per dwelling unit for those with two (2) or less bedrooms subject to an increase in the Marshall and Swift Building Cost Index. As such, the previously approved cash proffer is currently $15,281 per dwelling unit for those having more than two (2) bedrooms and $7,960 per dwelling unit for those with two (2) or less bedrooms. As noted, this proposed development would have an impact on capital facilities. Staff has calculated the fiscal impact of every new dwelling unit on schools, roads, parks, ïï ïïÍÒðïìçóÚÛÞîíóÞÑÍóÎÐÌ libraries, and fire stations at $25,901 per unit. The applicant has been advised that a maximum proffer of $18,966 per unit would defray the cost of the capital facilities necessitated by this proposed development. The applicant’s current rezoning request will increase the proffered maximum number of dwellings from forty-eight (48) to fifty-four (54) (Proffered Condition 2). The applicant has offered cash in the amount of $15,281 per dwelling unit for those having more than two (2) bedrooms and $7,960 per dwelling unit for those with two (2) or less bedrooms for forty-eight (48) units (Proffered Condition 13). Additionally, the applicant has offered cash in the amount of $18,966 per dwelling unit for all units in excess of forty-eight (48) units. 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. Staff recommends the applicant fully address the impact of this development on capital facilities. The reduced proffered conditions for forty-eight (48) units do not adequately address the proposed development’s impact on capital facilities. Consequently, the county's ability to provide adequate capital facilities to its citizens will be adversely impacted. The Planning Commission and 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. LAND USE Comprehensive Plan: The subject property proposed for Residential Townhouse (R-TH) zoning is located within the boundaries of the Central Area Plan which suggests the property is appropriate for a mix of community-scale development to include commercial and office uses with integrated townhouse or multi-family residential development. Area Development Trends: Properties to the north are zoned Community and General Business (C-3 and C-5) and are developed as the Ironbridge Plaza Shopping Center and various commercial uses. Property to the south is zoned Agricultural (A) and is occupied by a construction, demolition and debris landfill or is vacant. Properties to the east are zoned Residential (R-7) and are occupied by single family residences or are vacant. Properties to the west and northeast are zoned Residential Multi-family (R-MF) and are developed as the Stonebridge Gardens condominiums and River Forest apartments. It is anticipated that development in this immediate area of Iron Bridge and South Chalkley Roads will continue as commercial and high density residential uses as suggested by the Plan. ïî ïïÍÒðïìçóÚÛÞîíóÞÑÍóÎÐÌ Zoning History: On December 15, 2004, the Board of Supervisors, upon a favorable recommendation of the Commission, approved the rezoning of a 23.8 acre tract to Residential Multi-family (R-MF) with conditional use planned development to permit exceptions to Ordinance requirements (Case 04SN0326). A multi-family condominium development containing a maximum of ninety-six (96) dwelling units was proposed. On July 27, 2005, the Board of Supervisors, upon a favorable recommendation of the Planning Commission, approved the rezoning of the 23.8 acres included in Case 04SN0326 plus an additional 0.8 acre parcel to Residential Multi-family (R-MF) for the continued purpose of developing a multi-family condominium project containing a maximum of ninety-six (96) dwelling units on a total of 24.6 acres (Case 05SN0263). The eastern portion was subsequently approved for forty-eight (48) condominiums as part of the Stonebridge development. The current request for Residential Townhouse (R-TH) zoning represents the western portion of this property. Townhouses: Density: Proffered Condition 2.A limits the number of dwelling units to a maximum of fifty-four (54), yielding a density of 4.7 dwelling units per acre. Proffered Condition 2.B limits the number of units containing three (3) bedrooms, with no unit containing more than three (3) bedrooms. Dwelling Size and Architectural Treatment: Proffered Conditions address minimum dwelling size and exterior, foundation and roof materials and require a consistent number of stories for all dwellings. (Proffered Conditions 2.C through G and 4) The Ordinance addresses variations in front façade treatment of townhouse units. Building Setbacks; Driveways; Garages; Sidewalks; Street Trees; Landscaping; and Fencing: The applicant is requesting a reduction in the minimum front yard setbacks by two (2) feet for dwelling units (Textual Statement/Proffered Condition 1). Development standards have been proffered to offset the impact of these setback reductions on the streetscape. These include hardscaped driveways, garage location, sidewalks, street trees, landscaping around buildings, within medians and common areas and decorative fencing along a portion of the perimeter frontages. (Proffered Conditions 5, 6, 8, 9, 10 and 11) ïí ïïÍÒðïìçóÚÛÞîíóÞÑÍóÎÐÌ Recreation and Focal Point: Within R-TH Districts, a minimum of ten (10) percent of the gross acreage of the project must be devoted to recreational uses. Proffered Conditions 7.B and C identify recreational provisions to include trails and fitness stations as generally depicted in the attached exhibit. These would not include facilities directed towards children’s play nor a clubhouse. R-TH District requirements also include the provision of a minimum of twenty (20) percent of project gross acreage for open space. Proffered conditions include a focal point, as depicted on the exhibit, as part of this open space provision that will be hardscaped to accommodate use by residents. (Proffered Condition 7.A) Restrictive Covenants: Recordation of restrictive covenants has been proffered which address exterior maintenance. It should be noted that the County will only ensure the initial recordation of these covenants and will not be responsible for their enforcement. Once recorded, the covenants may be changed. (Proffered Condition 12) Construction Phasing:Townhouses and Condominiums: Within Stonebridge Condominiums, fourteen (14) of the forty-eight (48) approved dwelling units have not been processed for building permits. In response to concerns raised by the Bermuda District Supervisor relative to ensuring completion of this condominium project, Proffered Condition 15 establishes a phasing plan for the issuance of building permits for the proposed townhouses, tied to occupancy of ten (10) of these fourteen (14) these condominium units. It should be noted that staff has concerns relative to tying the phasing of the proposed townhouses to the issuance of building permits. It is staff’s recommendation that this phasing be based on the recordation of townhouse lots. This would preclude the recordation of townhouse lots that are ineligible for building permits based upon the status of the condominium occupancies. CONCLUSIONS While the Central Area Plan suggests the property is appropriate for a mix of community-scale development to include integrated townhouse uses, the proffered conditions do not adequately address the impacts of this proposed townhouse development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries and fire stations is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program. The proffered conditions do not fully mitigate the impact of this townhouse development on capital facilities and, thereby would not insure adequate service levels are maintained and protecting the health, safety and welfare of County citizens. Given these reasons, denial of this request is recommended. ïì ïïÍÒðïìçóÚÛÞîíóÞÑÍóÎÐÌ ______________________________________________________________________________ CASE HISTORY ______________________________________________________________________________ Planning Commission Meeting (11/16/10): On their own motion and with the Applicant’s consent, the Commission deferred this case to their December 13, 2010 public hearing. Staff (11/17/10): The applicant was advised in writing that any significant, new or revised information should be submitted no later than November 22, 2010 for consideration at the Commission’s December 13, 2010 public hearing. Staff (11/23/10): To date, no new information has been received. Planning Commission Meeting (12/13/10): On their own motion and with the Applicant’s consent, the Commission deferred this case to their January 18, 2011 public hearing. Staff (12/13/10): The applicant was advised in writing that any significant, new or revised information should be submitted no later than December 20, 2010 for consideration at the Commission’s January 18, 2011 public hearing. Staff (12/20/10 and 1/4/11): Proffered conditions were submitted. Planning Commission Meeting (1/18/11): The applicant did not accept staff’s recommendation, but did accept the Planning Commission’s recommendation. ïë ïïÍÒðïìçóÚÛÞîíóÞÑÍóÎÐÌ There was an individual present expressing concerns relative to increased traffic on West Booker Boulevard as a cut-through street with no posted speed limit signs. There was support present from the Stonebridge Homeowners Association noting that the proffers would allow the completion of their project and the Association’s decision to remain separate from the proposed townhouse association. Mr. Hassen noted support for the request indicating that the cash proffer offered was consistent with that approved in 2005 for the dwelling units currently permitted; that the additional units addressed the full current cash proffer amount; that this case provided for improved architectural standards; better land use transition; and completion of the adjacent Stonebridge condominium project. On motion of Mr. Hassen, seconded by Dr. Brown, the Commission recommended approval and acceptance of the proffered conditions on pages 2 through 6. AYES: Messrs. Bass, Brown, Gulley, Hassen and Waller. The Board of Supervisors, on Wednesday, February 23, 2011, beginning at 6:30 p.m., will take under consideration this request. ïê ïïÍÒðïìçóÚÛÞîíóÞÑÍóÎÐÌ CENTEX HOMES TEXTUAL STATEMENT October 15, 2010 This is a request for a rezoning from RMF to RTH and a Conditional Use Planned Development (CUPD) to permit bulk exceptions to ordinance standards. General Requirements and Exceptions. A. Setbacks. A two (2) foot exception to the twenty (20) foot front yard setback requirement. ___________________________________ Applicant/Agent 11SN0149-1