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12SN0226CASE MANAGER: Darla Orr ,~~r ~~. . ,~~ `;_ ~ u ~ ~~ i ~- ^ ,k November 20, 2013 BS ADDENDUM 12SN0226 Jack R. Wilson, III Matoaca Magisterial District Grange Hall Elementary, Tomahawk Creels Middle and Cosby High Schools Attendance Zones East line of Otterdale Road REQUEST: Amendment of conditional use planned development (Cases 06SN0163 and 06SN0215) relative to development plan, density, age restriction, transportation contribution and reduction of cash proffers in a Residential Multifamily (R-MF) District. Specifically, the amendments offer a revised textual statement; reduce permitted density; eliminate the requirement for upfront transportation contributions; require senior occupancy; clarify condominium association language; and reduce cash proffer payments. PROPOSED LAND USE: A residential development with various housing types is planned. A maximum of 450 dwelling units are proposed, yielding a density of approximately 5.68 dwelling units per acre. In addition, neighborhood recreational facilities, model homes and adult care centers are planned. The purpose of this Addendum is to communicate modifications to the proffered conditions and Textual Statement; revised comments from the Transportation and Budget Departments; a revised Staff recommendation; and the Planning Commission's recommendation for this case. (NOTE: PROFFERED CONDITIONS WERE RECEIVED AFTER THE PUBLIC ADVERTISEMENT OF THIS CASE. THE BOARD MUST SUSPEND THEIR RULES IN ORDER TO CONSIDER THE PROFFERED CONDITIONS RECEIVED AFTER THE ADVERTISEMENT.) PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF PROFFERED CONDITIONS 2, 3, 5 AND 6 ON PAGES 2 THROUGH 5 IN THE STAFF REPORT AND PROFFERED CONDITIONS 1, 4 AND 7 ON PAGES 2 AND 3 OF THIS ADDENDUM. Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice To address concerns of the Matoaca District Commissioner relative to architectural treatment and the impact on capital facilities, on November 15, 2013, the applicant submitted revisions to the proffered conditions and Textual Statement. Specifically, Proffered Condition 1 was revised to reference the amended Textual Statement dated November 15, 2013. The Textual Statement was amended to require all foundation treatments to be brick or stone, unless a building's facade is constricted entirely of stucco (Textual Statement Item III.D.4). In addition, Proffered Condition 7 was modified to require an architectural review committee as part of the condominium association. Finally, Proffered Condition 4 was amended to increase the cash amount offered for roads by $3,852 per dwelling unit. This revision now fully addresses the impact of this development on roads based on the FY2014 maximum cash proffer. Revised comments from the Transportation and Budget Departments are provided on pages 3 through 5. Staff's recommendation has been modified to recommend approval of this request. STAFF RECOMMENDATION While the proffered conditions fall short of mitigating the impact of this development on school facilities, the applicant has age restricted this property in accordance with the fair housing laws, and thus, will minimize the impact of the development on school facilities. The existing zoning was also approved allowing the applicant to develop age restricted units without paying a school cash proffer. PROFFERED CONDITIONS 1. Master Plan. The Textual Statement dated November 15, 2013, shall be considered the Master Plan. (P) The Applicant hereby amends Condition 3 of Case 06SN0163 and Condition 18 of Case 06SN0215 to read as follows: 4. Cash Proffers. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield in accordance with the County's Cash Proffer Policy for infrastnicture improvements within the service district for the Property: A. For each dwelling unit, 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 infrastnicture improvements within the service district for the property; provided, however, that for the period through June 30, 2017, the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, immediately after completion of the final inspection: 1. $9,893.00 per dwelling unit to the County of Chesterfield, in accordance with the County's Cash Proffer Policy, for infrastnicture improvements within the service district for the Property if paid prior to July 1, 2017. The $9,893.00 for any units developed shall be allocated pro-rata among the facility costs: 2 12SN022Ei-2013N0~%20-BOS-_~DD $7,704 for roads $1,198 for parks, $310 for library facilities, and $681 for fire stations. 2. If paid after June 30, 2017, and before July 1, 2018, $9,893.00 per dwelling unit allocated pro-rata among the facility costs: $7,704 for roads $1,198 for parks, $310 for library facilities, and $681 for fire stations, adjusted for the four year cumulative change in the Marshall and Swift Building Cost Index between July 1 of the fiscal year in which the case was approved and July 1 four years later. Thereafter, the per dwelling unit cash proffer amount shall be automatically adjusted, annually, by the annual change in the Marshall and Swift Building Cost Index on July 1 of each year. B. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. 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 tq any impact fees, in a manner as determined by the county. (B&M) The Applicant hereby amends Condition 14 of Case 06SN0163 and Condition 27 of Case 06SN0215 to read as follows: 7. Virginia Condominium Act. All dwelling units on the Property shall be condominiums as defined and regulated by the Virginia Condominium Act. The condominium association shall be part of the FoxCreek Homeowner's Association. The condominium association will have an architectural review committee to review building plans to ensure compliance with the requirements of the Textual Statement and other architectural requirements of the association. (P) County Department of Transportation: The applicant is planning to combine properties from two (2) approved zoning cases (Case 06SN0163 and Case 06SN0215) to develop a residential project for housing older people as defined in the Virginia Fair Housing Law, and is seeking modification to several proffered conditions of those zoning cases. The Transportation Department supports this request. In July 2006, the Board of Supervisors rezoned part of the property (Case 06SN0163), and accepted a proffered condition that established a maximum density of 520 dwelling units (Proffered Condition 11 of Case 06SN0163). In May 2007, the Board rezoned another part of the property (Case 06SN0215), and accepted a proffered condition establishing a maximum density of seventy-five (75) dwelling units (Proffered Condition 24 of Case 06SN0215). Based on the total maximum density of 595 units and using townhouse/condominium trip rates, development could generate 3,035 average daily trips. The applicant has proffered a new maximum density of 450 units (Proffered Condition 2). Based on senior adult housing trip rates, development could generate 1,412 3 12SN022Ei-2013NC)~'20-BC)S-_~DD average daily trips. These vehicles will be initially distributed along Otterdale Road, which had a 2012 traffic count of 3,660 vehicles per day. The Thoroughfare Plan identifies a proposed east/west collector (the "East-West Road") with a recommended right-of--way width of seventy (70) feet, Winning parallel to Hull Street Road (Route 360) and extending from Woodlake Village Parkway to Otterdale Road. Proffered conditions of the two (2) zoning cases require dedication of right-of--way and constriction of a two-lane road for the East-West Road from Otterdale Road to its current terminus, located at the west boundary of the Cosby High School parcel (Proffered Conditions 6.B and 8.B of Case 06SN0163, and Proffered Conditions 21 and 23.A of Case 06SN0215). The applicant has proffered to provide this same road improvement. (Proffered Condition 6) In conjunction with Case 06SN0163, a transportation cash proffer per the Board of Supervisors' Cash Proffer Policy was not offered, but an equivalent transportation contribution proffer was provided (Proffered Condition 10 of Case 06SN0163). Specifically, the proffered condition requires that prior to issuance of the first building permit a payment of $1,158,950 must be provided, and prior to issuance of more than 130 building permits another payment of $1,158,950 is required; for a cumulative total of $2,317,900. In addition to the two (2) lump sum payments, after the 260th building permit, an amount of $8,915 must be paid for each building permit issued. In conjunction with Case 06SN0215, a transportation cash proffer was accepted in an amount of $8,915 to be paid prior to each building permit issued. All of these payments are subject to be adjusted upward by any Board of Supervisors' approved increase in the Marshall and Swift Building Cost Index. The applicant is requesting to delete the two (2) transportation proffered conditions regarding cash payments, and has proffered to pay $7,704 per unit for roads (Proffered Condition 4). The proffered amount is consistent with the Board of Supervisors' Cash Proffer Policy. Fiscal Impact on Capital Facilities: The applicant has submitted a revision to the cash proffer, increasing the amount proffered for roads by $3,852 per dwelling unit. If the proposed 450 dwelling units are constricted, this revised proffer will provide the County with an additional $1.73 million for road improvements. This revision now fully addresses the impact of this development on roads based on the FY2014 maximum cash proffer. The proffered conditions continue to fall short of mitigating the impact of this development on school facilities, but as previously stated in the report, the applicant has age restricted this property in accordance with the fair housing laws, and thus, will minimize the impact of the development on school facilities. The previously approved cases were also approved allowing the applicant to develop senior or age restricted units without paying a school cash proffer. 4 12SN022Ei-2013NC)~'20-BC)S-_~DD While it is appropriate to accept the FY2014 maximum cash proffer of $18,966 per dwelling unit, the Planning Commission and the Board of Supervisors may recognize the unique circumstances associated with this case and find the revised proffer of $9,893 acceptable. CASE HISTORY Planning Comnssion Meeting (11/19/13): The applicant's representative accepted the recommendation. There was no opposition present. On motion of Dr. Wallin, seconded by Mr. Waller, the Commission recommended approval of the request and acceptance of Proffered Conditions 2, 3, 5 and 6 on pages 2 through 5 in the staff report, and Proffered Conditions 1, 4 and 7 on pages 2 and 3 of this Addendum. AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller. The Board of Supervisors on Wednesday, November 20, 2013 beginning at 6:30 p.m. will take under consideration this request. 12SN022Ei-2013N0~%20-BOS-_~DD Textual Statement Greenwich Walk November 15, 2013 Exhibit A -Plan titled "Greenwich Wallc Zoning Plan" (the "Zoning Map") dated October 8, 2013. L General Conditions. A. Residential units (i.e. attached and detached) shall be grouped together within a Tract or Sub-Tract. If there is a desire to mix the types of units within a Tract of Sub-Tract, the mixing may be permitted if a Residential Mixed Use Plan is submitted to the Planning Department for review and approval and such review shall be subject to appeal in accordance with the provisions of the Zoning Ordinance for Site Plan appeals. The Residential Mixed Use Plan shall address the land use transitions and compatibility between the different types of residential units within the Tract or Sub-Tract. Land use compatibility and transitions may include, but not necessarily be limited tq the exact location of the uses and site design. B. Except as provided herein, the Property shall be developed in accordance with the R-MF Standards of the zoning ordinance. II. Permitted Uses. Permitted uses shall be limited to: A. Uses permitted by right and with certain restrictions in the R-MF District, to include attached and detached units. B. In addition to model homes permitted by the Zoning Ordinance, model homes/sales offices not located in permanent dwellings provided: 1. No more than six (6) such model homes/sales offices, located in modular office units, shall be permitted within the project at any one time. 2. The model homes/sales offices shall be used to market the development in which they are located. 3. The model homes/sales offices shall not be the primary real estate office for the company marketing the development. C. Adult care centers provided they are located within the active recreational facilities. IILDevelopment Standards. A. Sidewallcs/Drivewa 1. SIDEWALKS: Sidewallcs shall be provided on both sides of all public streets of general circulation. 2. DRIVEWAYS: All private driveways serving residential uses shall be hardscaped. Private driveways shall not require curb and gutter. Private driveways that provide access to parking lots for more than five (5) cars shall require curb and glitter. 3. FRONT WALKS: Front wallcs shall be provided to each dwelling unit. Front wallcs shall be hardscaped. Front wallcs shall be a minimum of 4' wide. B. Landscaping -Attached Dwelling Units 1. STREET TREES: Street trees shall be planted or retained along both sides of all streets that provide general circulation. 2. SUPPLEMENTAL TREES: Prior to the issuance of a Certificate of Occupancy for a building containing multiple units or a row of Attached Units, a minimum of one additional tree for every two (2) units shall be planted in a courtyard or side yard area. Supplemental trees shall be at least 50% flowering trees, and the remainder shall be deciduous trees. Supplemental trees shall have a minimum caliper of 2" measured at breast height (4'-10" above ground) at the time of planting. 3. SODDED YARD AREAS: All contiguous yard areas along attached building fronts and all side yards that face a street shall be sodded and irrigated. 4. FRONT FOUNDATION PLANTING BED: Foundation planting is required along the entire front facade of all units, and shall extend along all sides facing a street. Foundation Planting Beds shall be a minimum of 4' wide at the time of planting from the unit foundation. Planting beds shall be defined with a trenched edge or suitable landscape edging material. Planting beds shall include medium shnibs spaced a maximum of four (4) feet apart. Unit corners shall be visually softened with vertical accent shnibs (4'-5') or small evergreen trees (6'-8') at the time of planting. C. Landscaping and Yards -Detached Dwelling Units 2 1. STREET TREES: Street trees shall be planted or retained along both sides of all streets that provide general circulation. 2. SUPPLEMENTAL TREES: Prior to the issuance of a Certificate of Occupancy for each dwelling unit, a minimum of one (1) flowering tree in each yard shall be planted in each front yard. Flowering trees shall have a minimum caliper of 2" measured at breast height (4'-10" above ground) at the time of planting. 3. FRONT YARD AREA: Except for the foundation planting bed, all front yards shall be sodded and irrigated. 4. FRONT FOUNDATION PLANTING BED: Foundation planting is required along the entire front facade of all units, and shall extend along all sides facing a street. Foundation Planting Beds shall be a minimum of 4' wide from the unit foundation. Planting beds shall be defined with a trenched edge or suitable landscape edging material. Planting beds shall include medium shnibs spaced a maximum of four (4) feet apart. Unit corners shall be visually softened with vertical accent shnibs (4'-5') or small evergreen trees (6'-8') at the time of planting. D. Architecture and Materials. 1. STYLE AND FORM: The architectural styles shall be interpretations of traditional Richmond architecture, using forms and elements compatible with those in the adj acent FoxCreek Subdivision such as Georgian, Adam, Classical Revival Colonial, Greek Revival, Queen Anne, and Craftsman styles. 2. ARCHITECTURE: Architectural treatment of buildings shall utilize a mixture of design features. Design features may include articulation of doors and windows, sculptural or textural relief of facades, and architectural ornamentation or varied rooflines, incorporated so as to have the appearance of several small buildings clustered together in buildings of large mass. Notwithstanding the foregoing, staggering the setbacks of dwelling units within a row of Attached Units shall not be required unless the row of Attached Units exceeds 6 dwelling units. 3. REPETITION: Detached units with the same elevations may not be located adjacent tq directly across from, or diagonally across from each other on the same street. This requirement does not apply to units on different streets backing up to each other. 4. FOL]NDATIONS: The exposed portion of any foundation shall be brick or stone. Synthetic or natural stucco foundations may be permitted for facades constricted entirely of stucco. Stepping the siding down below the first floor level is not permitted on any elevation of the unit. 5. EXTERIOR FACADES: The front facade of a minimum of 60% (6 in 10) of the Detached Units shall be brick or stone. At least 60% of all front facades of Attached Unit Buildings shall be brick or stone masonry. The side facade of any Attached Unit Building that faces a public street shall have at least 60% brick or stone masonry. Other acceptable siding materials include stuccq synthetic stucco (E.LF.S), and horizontal lap siding. Horizontal lap siding shall be manufactured from natural wood or cement fiber board or may be premium quality vinyl siding. Plywood and metal siding are not permitted. Additional siding requirements: a. A maximum of three (3) facing materials may be used on any one facade of any unit. b. Brick sills shall be projected and brick heads at openings shall be traditional j ack arches, circular arches, or soldier courses. Cementitious and vinyl siding is permitted in traditional wide beaded styles only with a minimum 6-inch drop. Premium quality vinyl is defined as vinyl siding with a minimum wall thickness of .044". d. Synthetic Stucco (E.LF.S.) siding shall be finished in smooth, sand or level texture. Rough textures are not permitted. e. Exterior facades which face a public street shall have a formal arrangement and organization of elements including doors, windows, and trim and may include porches, columns, cornices and trim. 6. ROOFS: a. Varied Roof Line. Varied roof designs and materials shall be used on building sections across the front facade and rear facades of buildings that face a street. 4 b. Roof Materials: Roofing material shall be dimensional architectural shingles with a minimum 30 year warranty. All flashing shall be copper or pre-finished aluminum (bronze or black). 7. PORCHES, STOOPS AND DECKS: a. Front Porches: All front entry stoops and front porches shall be constricted with a continuous masonry foundation wall. Individual porches and porticos shall be one-story in height. Extended front porches shall be a minimum of 5' deep. Handrails and railings shall be finished painted wood or metal railing with vertical pickets or swan balusters. Pickets shall be supported on top and bottom rails that span between columns. Columns supporting roofs of porches, porticos and covered stoops on street facing facades, shall be masonry piers, tapered round (Tuscan or Doric) column, or square box columns a minimum of 8" square as appropriate to the character of the unit. b. Front Porch Flooring: Unfinished treated wood decking shall not be permitted. Stained or painted wood flooring is permitted. All front steps shall be masonry to match the foundation. 8. FIREPLACES, CHIMNEYS AND FLUES: a. Chimneys: When chimneys are used, masonry chimneys are required on any facade or roof plane that faces a street. Sided chimneys are permitted on roof planes or facades that do not face a street, and must have masonry foundations. Cantilevered chimneys are not permitted. The width and depth of chimneys shall be appropriately sized in proportion to the size and height of the unit. For gas fireplaces, metal flues may be used on the roof. b. Direct Vent Fireplaces: Direct vent gas fireplace boxes which protnide beyond the exterior plane of the unit, are not perntted on front facades. On side facades, or any facade visible from the street, the frame stricture must have a foundation to match the house foundation. All the exterior materials and finishes used to enclose the fireplace box must match the adj acent facade. E. Building Orientation: Buildings along an adjacent or internal public road shall not be required to front that road. Units shall be permitted to front on an internal street, open space, or a courtyard. F. Distance between Detached Units: For Detached Units, there shall be a minimum distance of ten (10) feet between units. G. Property Line Setback and Landscapi~n :All strictures shall be set back a minimum of fifty (50) feet from all exterior property lines except where adjacent to a buffer in which case the setback shall be a minimum of ten (10) feet for a rear yard setback and three (3) feet for a side yard setback. The setback identified as the FoxCreek Subdivision 50 Foot Setback on Exhibit A shall be planted per the requirements of Perimeter Landscaping C. H. Setbacks from Roads: No setback from interior private driveways, parking areas, or streets shall be required for buildings, driveways and parking areas, or strictures. L Hecht: Buildings shall not exceed a maximum height of three stories. Any three story buildings shall be located within 650 feet of the southern property line adjacent to Village Square Parkway. J. Percentage of Parcel Coverage: All buildings, including accessory buildings, shall cover no more than seventy (70) percent of the Property. In conjunction with the first site plan submittal, a plan shall be submitted that divides the Property into tracts and designates the permitted parcel coverage on each tract. This plan may be modified throughout the life of the development provided the overall parcel coverage limitations are not exceeded. K. Front Loaded Garages: Front loaded garages shall be located no closer to the street than the front facade of the dwelling unit. 6 CASE MANAGER: Darla Orr i ~ ~- ~j~, u ~i ,k ~ ~- B S Time Remaining: 365 days „~~ni~ co~~ t,o,- i Q ~n ~ i ~ r~r ~~~~~z rT,.., ~. ~n iHi ~ ~~ i ~ r~r - a , ~ i~vPE r~o,.oH~t,o,- in ~n rL cTc i~ r~r ~~ i~i't'i~C~iT~~~ n~ ?T"v-1-J--1_,T r„i~ i ti ~ni ~ r~ t~~~T?8 ~ t Tc e r ~~ ~~ e i.T----~--~--._ in ~n i'~ r+nr+ STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 12SN0226 Jack R. Wilson, III November 20, 2013 BS Matoaca Magisterial District Grange Hall Elementary, Tomahawk Creels Middle and Cosby High Schools Attendance Zones East line of Otterdale Road REQUEST: Amendment of conditional use planned development (Cases 06SN0163 and 06SN0215) relative to development plan, density, age restriction, transportation contribution and reduction of cash proffers in a Residential Multifamily (R-MF) District. Specifically, the amendments offer a revised textual statement; reduce permitted density; eliminate the requirement for upfront transportation contributions; require senior occupancy; clarify condominium association language and reduce cash proffer payments. PROPOSED LAND USE: A residential development with various housing types is planned. A maximum of 450 dwelling units are proposed, yielding a density of approximately 5.68 dwelling units per acre. In addition, neighborhood recreational facilities, model homes and adult care centers are planned. PLANNING COMMISSION RECOMMENDATION THE PLANNING COMMISSION IS SCHEDULED TO HEAR THIS CASE AT THEIR MEETING ON NOVEMBER 19, 2013. STAFF WILL ADVISE THE BOARD OF THE COMMISSION' S ACTION AFTER THEIR MEETING. Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice STAFF RECOMMENDATION Recommend denial for the following reasons: A. Approval of the requested modifications will result in the traffic impact of this development not being adequately mitigated. B. The constriction of approximately 1,000 additional feet of the East-West Road, as proffered in this case (Proffered Condition 6), is already required by the existing zoning. C. It would be appropriate to accept the maximum cash proffer in this case. While the development standards do contain details about quality of materials, they do not represent such an incremental increase over what was originally proposed in Cases 06SN0163 and 06SN0215; they do not go above and beyond what the market would demand in terms of quality building materials; and they do not adequately create a nexus that would justify the reduced roads and schools categories. Therefore, the proffered conditions do not adequately address the proposed development's impacts on capital facilities. Consequently, the County's ability to provide adequate facilities to its citizens will be adversely impacted. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS.) PROFFERED CONDITIONS With the approval of this request, Conditions 1, 5, 10 and 14 of Case 06SN0163 and Conditions 15, 20 and 24 of Case 06SN0215 shall be deleted. Conditions 3, 4, 8B and 14 of Case 06SN0163 and Conditions 18, 19 and 27 of Case 06SN0215 shall be amended as provided herein. Except as modified by this request all other conditions of Cases 06SN0163 and 06SN0215 shall remain in force and effect. The Applicant hereby proffers the following conditions: 1. Master Plan. The Textual Statement dated November 8, 2013, shall be considered the Master Plan. (P) 2. Density. The maximum number of dwelling units permitted on the Property shall be 450. (P) 3. Recreational Amenities. Both passive and active recreational amenities shall be provided which shall include a clubhouse, an outdoor swimming pool and a wallcing trail as generally shown on Exhibit A of the Textual Statement prepared by Koontz-Bryant, P.C. dated October 8, 2013. 2 12SN022Ei-2013N0~%20-BOS-RPT A. Recreational facilities shall be permitted within the project and will be designed for use by all the residents. Separate recreational areas for the various types of residential units are not required. The recreational uses shall be limited to facilities and uses that primarily serve the surrounding residential community which may include passive recreation (i.e.: formal courtyards, parks, plazas, mews, trails, paths, sidewallcs, ponds, open space, and vistas) and active facilities (i.e.: swimming pools, clubhouses and tennis courts). B. Outside public address system or speakers shall not be used between the hours of 11:00 p.m. and 8:00 a.m. and shall be used only in conjunction with a pool. C. With the exception of passive recreation, outdoor play fields, outdoor courts, swimming pools, and similar active recreational facilities shall be located a minimum of one hundred (100) feet from any existing single family residential lot line that is not a part of the project. Nothing herein shall prevent development of indoor facilities and/or parking within the one hundred (100) foot setback. Active recreational facilities shall be located a minimum of twenty-five (25) feet from any dwelling unit within the Property or separated by a road or alley. D. The clubhouse and outdoor swimming pool and related improvements shall serve as a focal point for the project and shall be located generally as shown on Exhibit A. E. The clubhouse shall be a minimum size of 2,500 square feet and shall be constricted and open for use prior to issuance of the 300th certificate of occupancy. If a sales office is provided in the clubhouse such use shall not exceed 25% of the clubhouse's gross square footage. (P) The Applicant hereby amends Condition 3 of Case 06SN0163 and Condition 18 of Case 06SN0215 to read as follows: 4. Cash Proffers. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield in accordance with the County's Cash Proffer Policy for infrastnicture improvements within the service district for the Property: A. For each dwelling unit, 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 infrastnicture improvements within the service district for the property; provided, however, that for the period through June 30, 2017, the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, immediately after completion of the final inspection: 3 12SN022Ei-2013N0~%20-BOS-RPT 1. $6,041.00 per dwelling unit to the County of Chesterfield, in accordance with the County's Cash Proffer Policy, for infrastricture improvements within the service district for the Property if paid prior to July 1, 2017. The $6,041.00 for any units developed shall be allocated pro-rata among the facility costs: $3,852 for roads $1198 for parks, $310 for library facilities, and $681 for fire stations. 2. If paid after June 30, 2017, and before July 1, 2018, $6,041.00 per dwelling unit allocated pro-rata among the facility costs: $3,852 for roads $1198 for parks, $310 for library facilities, and $681 for fire stations, adjusted for the four year cumulative change in the Marshall and Swift Building Cost Index between July 1 of the fiscal year in which the case was approved and July 1 three years later. Thereafter, the per dwelling unit cash proffer amount shall be automatically adjusted, annually, by the annual change in the Marshall and Swift Building Cost Index on July 1 of each year. B. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. 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 tq any impact fees, in a manner as determined by the county. (B&M) The Applicant hereby amends Condition 4 of Case 06SN0163 and Condition 19 of Case 06SN0215 to read as follows: 5. Aye 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, all dwelling units 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. All site plans shall note this restriction. (P) The Applicant hereby amends Condition 8B of Case 06SN0163 to read as follows: 6. Constriction of two lanes of Village Square Parkway to VDOT Urban Collector (40 MPH) standards with any modifications approved by the Transportation Department, from Otterdale Road through the Property to the Cosby High School site. (T) 4 12SN022Ei-2013N0~%20-BOS-RPT The Applicant hereby amends Condition 14 of Case 06SN0163 and Condition 27 of Case 06SN0215 to read as follows: 7. Virginia Condominium Act. All dwelling units on the Property shall be condominiums as defined and regulated by the Virginia Condominium Act. The condominium association shall be part of the FoxCreek Homeowner's Association. (P) GENERAL INFORMATION Location: The request property fronts the east line of Otterdale Road, east of Foxcreek Crossing. Tax IDs 711-671-8840; 712-671-5171; 712-672-3060; and 713-672-0706, 1167 and 5982; and 713-674-Part of 6940. Existing Zonin R-MF Size: 79.2 acres Existing Land Use: Vacant Adjacent Zoning and Land Use: North - R-12 and A; Single-family residential and vacant South - C-3 with CU and CUPD; Vacant East - A and C-3; Public/semi-public (Cosby High School) and vacant West - R-12 and A; Single-family residential or vacant UTILITIES Public Water and Wastewater Systems: Connection to the public water and wastewater systems is required per proffered conditions of Cases 06SN0163 and 06SN0215. This request does not impact the public utilities systems. 12SN022Ei-2013N0~%20-BOS-RPT ENVIRONMENTAL Drainage and Erosion: This request will have no impact on these facilities. PUBLIC FACILITIES The need for schools, parks, libraries, fire stations and transportation facilities in this area is identified in the County's adopted Public Facilities Plan, Thoroughfare Plan and Capital Improvement Program and further detailed by specific departments in the applicable sections of this request analysis. Fire Service: The Public Facilities Plan, part of the Comprehensive Plan, indicates that fire and emergency medical service (EMS) calls increased by forty-four (44) percent from 2001 to 2011, significantly faster than the County's population increase of seventeen (17) percent. Of the total incidents in 2011, nearly seventy-six (76) percent were medical emergencies and twenty-four (24) percent were fire-related. It is expected with the general aging of the population that medical emergency incidents will increase faster than the rate of population growth over time. Five (5) new fire/rescue stations are recommended for constriction by 2022 in the Plan. In addition to the five (5) new stations, the Plan also recommends the replacement/revitalization of four (4) existing stations. Based on 450 dwelling units, this request will generate approximately fifty-one (51) calls for fire and emergency medical service (EMS) each year. The applicant has not addressed the impact of this development on fire and EMS due to the reduced cash proffers. The Clover Hill Fire Station, Company Number 7, and Manchester Volunteer Rescue Squad currently provide fire protection and EMS. 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. Ei 12SN022Ei-2013N0~%20-BOS-RPT IMPACT OF DEVELOPMENT ANALYSIS: Residential Yield: 450 Student Yield From Functional % of No. of School Name Residential Membership Capacity Capacity Trai*ers Development * Elementary: Grange Nall 95 761 812 94% 2 Middle: Tomahawk 51 1,294 1,355 95% 0 Creek High: Cosby 69 2,025 1,750 116% 9 Total 215 NOTE: * The Student Yield is based on the FY2014 Cash Proffer Methodology as provided by the Chesterfield County Finance Department. NOTE: ** If a school is less than 90% of capacity and has trailers, those trailers are not identified in the staff report. Student Membership is based on membership as of 09-30-13. School Capacity is based on the 2012-13 Space Utilization Study. While the occupancy of the proposed units will be restricted to senior housing, based on the cash proffer methodology analysis above, this proposed rezoning case would have an impact on school facilities. Cosby High School is approaching the over capacity threshold, identified in the Public Facilities Plan as 120 percent, with its percentage of capacity at 116 percent. Over time this case, combined with other tentative residential developments, infill developments and zoning cases in the area, will continue to push elementary and secondary schools beyond their capacity. Therefore, the aforementioned units should continue to be subject to full cash proffers, to mitigate the impact that this proposed development would have on schools. Libraries: Development noted in this case would most likely impact the existing Clover Hill Library or two (2) new facilities that have been recommended in the Public Facilities Plan. The 7 12SN022Ei-2013N0~%20-BOS-RPT Plan identifies a need to replace/expand the existing Clover Hill Library and to provide two (2) additional libraries to address service needs in this area of the County. One (1) new library would be located along west Hull Street Road and one (1) new library would be located in the vicinity of Genito and Otterdale Roads. For additional information regarding the impact on library facilities refer to the Fiscal Impact on Capital Facilities section. Parks and Recreation: The Public Facilities Plan identifies the need for three (3) regional parks totaling 600 acres, ten (10) community parks totaling 790 acres, nine (9) neighborhood parks totaling 180 acres, and three (3) water-based special purpose parks. The Plan also identifies the need for urban parks within mixed use developments to compliment and provide linkages to the County's park system. The Plan identifies the need for linear parks and trails and resource-based special purpose parks [historical, cultural and environmental] and makes suggestions for their locations. The Plan also addresses the need to expand existing park sites to meet level of service standards. The Plan also identifies the need to improve access to blueways through the acquisition of easements and properties. Co-location with schools and other compatible public facilities is desired. As proffered, this request does not fully address the impacts of the proposed development on these parks and recreation facilities. County Department of Transportation: The applicant is planning to combine properties from two (2) approved zoning cases (Case 06SN0163 and Case 06SN0215) to develop a residential project for housing older people as defined in the Virginia Fair Housing Law, and is seeking modification to several proffered conditions of those zoning cases. The Transportation Department cannot support this request. In July 2006, the Board of Supervisors rezoned part of the property (Case 06SN0163), and accepted a proffered condition that established a maximum density of 520 dwelling units (Proffered Condition 11 of Case 06SN0163). In May 2007, the Board rezoned another part of the property (Case 06SN0215), and accepted a proffered condition establishing a maximum density of seventy-five (75) dwelling units (Proffered Condition 24 of Case 06SN0215). Based on the total maximum density of 595 units and using townhouse/condominium trip rates, development could generate 3,035 average daily trips. The applicant has proffered a new maximum density of 450 units (Proffered Condition 2). Based on senior adult housing trip rates, development could generate 1,412 average daily trips. These vehicles will be initially distributed along Otterdale Road, which had a 2012 traffic count of 3,660 vehicles per day. The Thoroughfare Plan identifies a proposed east/west collector (the "East-West Road") with a recommended right of way width of seventy (70) feet, mm~ing parallel to Hull Street Road (Route 360) and extending from Woodlake Village Parkway to Otterdale Road. Proffered conditions of the two zoning cases require dedication of right of way and 8 12SN022Ei-2013N0~%20-BOS-RPT constriction of a two-lane road for the East-West Road from Otterdale Road to its current terminus, located at the west boundary of the Cosby High School parcel (Proffered Conditions 6.B and 8.B of Case 06SN0163, and Proffered Conditions 21 and 23.A of Case 06SN0215). The applicant has proffered to provide this same road improvement. (Proffered Condition 6) In conjunction with Case 06SN0163, a transportation cash proffer per the Board of Supervisors' Cash Proffer Policy was not offered, but an equivalent transportation contribution proffer was provided (Proffered Condition 10 of Case 06SN0163). Specifically, the proffer condition requires that prior to issuance of the first building permit a payment of $1,158,950 must be provided, and prior to issuance of more than 130 building permits another payment of $1,158,950 is required; for a cumulative total of $2,317,900. In addition to the two (2) lump sum payments, after the 260th building permit, an amount of $8,915 must be paid for each building permit issued. In conjunction with Case 06SN0215, a transportation cash proffer was accepted in an amount of $8,915 to be paid prior to each building permit issued. All of these payments are subject to be adjusted upward by any Board of Supervisors' approved increase in the Marshall and Swift Building Cost Index. The applicant is requesting to delete the two transportation proffered conditions regarding cash payments, and has proffered to pay $3,852 per unit for roads (Proffered Condition 4). The proffered amount is not consistent with the Board of Supervisors' Cash Proffer Policy. The results of the requested modifications will not adequately mitigate the traffic impact of this proposed residential development. As previously noted, the Transportation Department cannot support the request. Virginia Department of Transportation (VDOT~: VDOT notes that the Otterdale Road - Woolridge Road CDA corridor is involved. Road building should conform to the overall plans for the roadway and in accordance with the applicable then current VDOT standards for Minor Arterial roadways. 9 12SN022Ei-2013N0~%20-BOS-RPT Fiscal Impact on Capital Facilities Per Unit Potential Number of New Dwelling Units 450* 1.00 Population Increase 1,179.00 2.62 Number of New Students Elementary 94.95 0.21 Middle 51.30 0.11 High 68.85 0.15 Total 215.10 0.48 Net Cost For Schools $ 4,250,250 $ 9,445 Net Cost for Parks $ 561,150 $ 1,247 Net Cost for Libraries $ 145,350 $ 323 Net Cost For Fire Stations $ 319,050 $ 709 Average Net Cost Roads $ 3,608,550 $ 8,019 Total Net Cost $ 8,884,350 $ 19,743 *Based on a proffered density of 450 (Proffered Condition 2). The actual number of units and corresponding impact may vary.) The original cases (06SN0163 and 06SN0215) were approved in 2006 and 2007 respectively with cash proffers summarized in the table below. Both cases included a credit for senior or age restricted housing in the schools category and a Marshall and Swift Building Cost Index escalation. Category 06SN0163 (FY14 Escalation 06SN0215 - Tract D (FY14 Escalation 12SN0226 (Proposed) Density 520 75 450 Schools $7,325 $6,825 $0 Parlcs $827 $771 $1,198 Libraries $478 $445 $310 Fire Stations $555 $517 $681 Roads $12,246 (Lump payments for units 1-130 and 131- 260) $11,413 $3,852 Per Unit Total $21,431 $19,971 $6,041 Total $11,144,120 $1,497,825 $2,718,450 In addition to the road category of the cash proffer, the previous cases included options for a transportation contribution. • 06SN0163 -Depending upon the decision of the Transportation Department, the developer could pay a lump sum payment prior to the issuance of the first building permit 10 12SN022Ei-2013N0~%20-BOS-RPT or pay a per unit road proffer and constrict road improvements prior to issuance of building permits in excess of 260 dwelling units. • 06SN0215 -Upon mutual agreement, the developer could provide road improvements that would result in a reduced road proffer. No cash proffers have been paid for either case. This proposed development will have an impact on capital facilities. Staff has calculated the fiscal impact of every new dwelling unit on schools, roads, parks, libraries and fire stations at $19,743 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 Cash Proffer Policy allows the County to assess the impact of all dwelling units in previously approved zoning cases that come back before the Planning Commission and Board of Supervisors using the calculated capital facility costs in effect at the time the case is reconsidered. It is appropriate to accept the maximum cash proffer of $18,966 for each dwelling unit, including senior housing units. The applicant has requested to modify, among other conditions, the cash proffers. The applicant has offered cash in the amount of $6,081 (summarized in the table above) to address the impact of the development on roads, parks, libraries and fire stations. The cash proffer does not include the schools category and includes a fifty (50) percent reduction in the roads category from the FY2014 maximum. The applicant has also proffered a freeze in the Marshall and Swift Building Cost Index escalation for a period of four (4) years, after which it would be escalated by the cumulative change in the Index, a provision recently adopted by the Board of Supervisors. The applicant has also proffered a density of 450, age-restricted units. In addition, the applicant has proffered a textual statement that contains development standards, a portion of which go beyond what was originally contained within cases 06SN0163 and 06SN0215. Some of these attributes include: • Architectural style using forms and elements compatible with those in the adjacent FoxCreek subdivision such as Georgian, Adam, Classical Revival Colonial, Queen Anne and Craftsman styles • Continuous masonry foundations or slabs • Brick or stone masonry on sixty (60) percent of units, though other acceptable materials include stuccq synthetic stuccq horizontal lap siding and premium vinyl • Supplemental trees (in addition to street trees) at a minimum of one tree for every two attached units and a minimum of one flowering tree in each yard for detached units 11 12SN022Ei-2013N0~%20-BOS-RPT • The recreational amenities which were proffered with the existing zoning now include a minimum clubhouse size and timing for constriction. Standards for porches, fireplaces and chimneys are included within the textual statement, but those amenities are not required. While the development standards do contain details about quality of materials, they do not represent such an incremental increase over what was originally proposed in the 2006 and 2007 cases; they do not go above and beyond what the market would demand in terms of quality building materials; and they do not adequately create a nexus that would justify the reduced roads and schools categories. 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 all units on capital facilities. 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 Comprehensive Plan suggests the property is appropriate for medium -high density residential use ranging between four (4) and eight (8) dwellings per acre. Area Development Trends: Properties to the north are zoned Residential (R-12) and are occupied by single-family residential use FoxCreek Subdivision. Properties to the south are zoned Community Business (C-3) and are vacant. Properties to the west are zoned Agricultural (A) and Residential (R-12) and are occupied by single-family residential uses within FoxCreelc Subdivision or are vacant. Properties to the east are zoned Agricultural (A) and Community Business (C-3) and are occupied by public/semi-public use (Cosby High School) or are vacant. It is anticipated that a mixture of office, commercial and residential uses will develop in the area in accordance with the Plan. Zoning HistorX: On July 26, 2006 the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved rezoning of the subject property from Agricultural (A) to Multifanuly Residential (R-MF) with a conditional use planned development to permit exceptions to development standards for multifamily use as well as use exceptions to permit neighborhood recreational facilities, model homes and adult care centers (Case 06SN0163). In addition to the requirements of the Textual Statement for use exceptions and development standards for the multifamily residential use, conditions of approval permitted occupancy of some residential units to be designated as "housing for older 12 12SN022Ei-2013N0~%20-BOS-RPT persons;" established a maximum density of 520 dwelling units; and required buffers adjacent to Otterdale Road and the East-West Road. Conditions also offered: a cash proffer for residential units, except that the schools portion of the proffer was not offered for senior housing units; a transportation contribution in two (2) scheduled payments in lieu of a cash proffer for roads; and specific road improvements including constriction of two (2) lanes of the East-West Road from Otterdale Road through the entire width of the subject property. On May 23, 2007, the Board of Supervisors, with an unfavorable recommendation by the Planning Commission, approved rezoning of the approximately nine (9) acres of the request property from Agricultural (A) to Multifamily Residential (R-MF) with conditional use planned development to permit exceptions to development standards for multifamily use as well as use exceptions to permit neighborhood recreational facilities, model homes and adult care centers (Case 06SN0215). In addition to the requirements of the Textual Statement for use exceptions and development standards for the multifamily residential use, conditions of approval permitted occupancy of some residential units to be designated as "housing for older persons;" established a maximum density of seventy- five (75) dwelling units; and required a buffer adjacent to the East-West Road. Conditions also offered a cash proffer for residential units, except that the schools portion of the proffer was not offered for senior housing units, and specific road improvements including constriction of two (2) lanes of the East-West Road across the subject property to connect to the east at the Cosby High School site. Site Design: The overall proposal of Cases 06SN0163 and 06SN0215 for a development with a variety of attached and detached residential units (not on individual lots) has not changed. Other uses (temporary models homes, adult care center uses and recreational facilities designed to serve the development are also still proposed. With the approval of Cases 06SN0163 and 06SN0215, modifications were granted to ordinance standards to accommodate a traditional neighborhood design. These standards increased the percentage of lot coverage and decreased setbacks and distance between buildings. With this request, generally the same development standards modifications are proposed; however, there is no longer a reference to the development having a traditional neighborhood design with alleys. The current proposal provides that the development will comply with Zoning Ordinance standards of the Residential Multi-family (R-MF) District, except where exceptions are specified in the Textual Statement. (Textual Statement Item LB.) The proposed development will continue to include dwellings located along tree lined streets with sidewallcs. Buildings are also still permitted to front on streets, open space areas or courtyards and would not be required to front on an adjacent or internal public road. The current proposal adds a requirement for hardscaped front wallcs to each unit. (Textual Statement Item III.A.3) 13 12SN022Ei-2013N0~%20-BOS-RPT Senior OccupancX: The existing zoning permits development of senior housing as an option. The proposed zoning would require the development to only be occupied by senior adults. (Proffered Condition 5) Density: A reduction in the perntted number of dwelling units is proposed from the 595 units permitted by Cases 06SN0163 and 06SN0215 on the request property. The current proposal would permit a maximum of 450 dwelling units, yielding 145 fewer dwelling units. (Proffered Condition 2) Buffers and Setbacks: Since adjacent properties to the north are zoned Residential (R-12) and occupied by single-family residential use (within the FoxCreek Subdivision), the ordinance requires a minimum of a fifty (50) foot buffer along the northern property boundary adjacent to that property. The proposed Textual Statement (Item III. G) refers to this area as a fifty (50) foot setback and proposes a reduction in landscaping requirements. The existing zoning requires a fifty (50) foot buffer adjacent to Otterdale Road and a thirty-five (35) foot buffer adjacent to the proposed East-West Road. No changes to these buffer requirements are proposed with this proposal. The proposed Textual Statement establishes minimum setbacks from these buffers. (Textual Statement Item IILG) Development of attached residential units (with a residential townhome design) would be permitted. To break up potential bullcy masses of these attached units, Textual Statement Item IILD2 requires staggered setbacks where more than six (6) units are attached in a row. Recreational Use, Focal Points and Open Space: Passive and active recreational uses that would primarily serve the surrounding residential communities are permitted by both the existing zoning and current proposal. The current proposal would require constriction of a minimum of a 2,500 square feet clubhouse prior to the issuance of a certificate of occupancy for the 300th unit (Proffered Condition 3). As with the existing zoning, these recreational areas are still proposed to serve as the focal point for the project. Focal points areas are intended to create gathering spaces of interest for residents and offer inviting pedestrian-oriented areas. Staff typically seeks a minimum of 0.75 acres of open space to serve as focal points in addition to the recreational amenities. The proposal seeks flexibility in development standards to permit a clustered design of detached and attached residential units. In addition to well-designed focal points, useable open spaces disbursed throughout the development would add quality to the design. The existing and proposed zoning do not guarantee useable open spaces other than areas 14 12SN022Ei-2013N0~%20-BOS-RPT designated for passive and active recreational uses. In addition, the limit on the percentage of lot coverage will result in open land; however, there is no guarantee that these open space areas will be useable. Architectural Standards and Materials: The Zoning Ordinance requires buildings within Residential Multifamily (R-MF) Districts to be designed to impart harmonious proportions and to avoid monotonous facades or large bullcy masses. In addition, buildings should possess architectural variety and enhance an overall cohesive residential character, achieved through the creative use of design elements such as balconies and/or terraces, articulation of doors and windows, sculptural or textural relief of facades, architectural ornamentation, varied roof lines or other appurtenances such as lighting fixtures and/or plantings. Staff approves building designs during plans review. The applicant has proffered the use of architectural standards which include: compatibility with the adj acent FoxCreek Subdivision; use of a variety of architectural design elements; a prohibition on repetitive facades adjacent to each other, varied roof lines; and treatments for foundations, chimneys and front porches. (Textual Statement Item III.D) Neither existing zoning conditions nor ordinance requirements address specific building materials. The applicant has proffered standards for foundations which permit continuous masonry foundations and slabs and that roof materials will be 30-year dimension shingles. The applicant has also proffered that at least sixty (60) percent of the detached units will have masonry fronts and sixty (60) percent of all front facades of attached units will be masonry. A variety of additional materials would be permitted. (Textual Statement IILD.S) Building Heights: To address visibility of the development from adjacent single family development, the maximum height for buildings has been reduced from six (6) stories to three (3) stories. In addition, any three (3) story buildings would be required to be located within 650 feet of the southern property line adjacent to Village Square Parkway. Supplemental Landscapi~n In addition to street trees, additional trees are proposed within yards for attached and detached units. In addition, sodded yard areas and foundation planting beds are guaranteed. (Textual Statement Items IILB and C) FoxCreek Association: To address concerns of area residents, Proffered Condition 7 requires that the condominium association for the proposed development become part of the FoxCreek Homeowner's Association. It is important to note that the County does not enforce restrictive covenants. 1 ~ 12SN022Ei-2013N0~%20-BOS-RPT CONCLUSION The requested modifications would delete the requirement for two (2) payments totaling $2,317,900, which would be used for area road improvements. In exchange, the applicant is proffering to constrict an additional approximately 1,000 feet of the East/West Road. It is important to note that this 1,000 foot portion of the East/West Road is already required as a condition of zoning for the property. Approval of the requested modifications will result in the traffic impact of this development not being adequately mitigated. In addition, it would be appropriate to accept the maximum cash proffer in this case. The proffered conditions do not adequately address the proposed development's impacts on capital facilities. Consequently, the County's ability to provide adequate facilities to its citizens will be adversely impacted. While the development standards do contain details about quality of materials, they do not represent such an incremental increase over what was originally proposed in Cases 06SN0163 and 06SN0215; they do not go above and beyond what the market would demand in terms of quality building materials; and they do not adequately create a nexus that would justify the reduced roads and schools categories. Given these considerations, denial of this request is recommended. CASE HISTORY Planning Commission Meeting (7/18/12): On their own motion and with the applicant's consent, the Commission deferred this case to their September 18, 2012 public hearing. Staff (7/19/12): The applicant was advised in writing that any significant new or revised information should be submitted no later than July 23, 2012 for consideration at the Commission's September 18, 2012 public hearing. Staff (8/28/12): To date, no new or revised information has been received. 1Ei 12SN022Ei-2013N0~%20-BOS-RPT Planning Commission Meeting (9/18/12): On their own motion and with the applicant's consent, the Commission deferred this case to their November 15, 2012 public hearing. Staff (9/19/12): The applicant was advised in writing that any significant new or revised information should be submitted no later than September 24, 2012 for consideration at the Commission's November 15, 2012 public hearing. Staff (10/22/12): To date, no new or revised information has been received. Planning Commission Meeting (11/15/12): On their own motion and with the applicant's consent, the Commission deferred this case to their December 10, 2012 public hearing. Staff (11/16/12): The applicant was advised in writing that any significant, new or revised information should be submitted no later than November 19, 2012 for consideration at the Commission's December 10, 2012 public hearing. Staff (11/19/12): To date, no new information has been received. Planning Commission Meeting (12/10/12): At the request of the applicant, the Commission deferred this case to March 19, 2013. Staff (12/11/12): The applicant was advised in writing that any significant, new or revised information should be submitted no later than January 7, 2013 for consideration at the Commission's March 19, 2013 public hearing. 17 12SN022Ei-2013N0~%20-BOS-RPT The applicant was also advised that a $1,000.00 deferral fee must be paid prior to the Commission's public hearing. Applicant (1/7/13): The deferral fee was paid. Staff (2/22/13): To date, no new or revised information has been received. Planning Commission Meeting (3/19/13): On their own motion and with the applicant's consent, the Commission deferred this case to their May 21, 2013 public hearing. Staff (3/20/13): The applicant was advised in writing that any significant, new or revised information should be submitted no later than March 25, 2013 for consideration at the Commission's May 21, 2013 public hearing. Staff (4/24/13): To date, no new information has been received. Planning Commission Meeting (5/21/13): On their own motion and with the applicant's consent, the Commission deferred this case to their July 16, 2013 public hearing. Staff (5/22/13): The applicant was advised in writing that any significant, new or revised information should be submitted no later than May 28, 2013 for consideration at the Commission's July 16, 2013 public hearing. 18 12SN022Ei-2013N0~%20-BOS-RPT Staff (6/17/13): To date, no new information has been received. Planning Commission Meeting (7/16/13): At the request of the applicant, the Commission deferred this case to September 17, 2013. Staff (7/17/13): The applicant was advised in writing that any significant, new or revised information should be submitted no later than July 22, 2013 for consideration at the Commission's September 17, 2013 public hearing. The applicant was also advised that a $1,000.00 deferral fee must be paid prior to the Commission's public hearing. Applicant (8/27/13): The applicant submitted draft amendments to the application and proffered conditions. Planning Commission Meeting (9/17/13): On their own motion and with the applicant's consent, the Commission deferred this case to their November 19, 2013 public hearing. Staff (9/18/13): The applicant was advised in writing that any significant, new or revised information should be submitted no later than September 23, 2013 for consideration at the Commission's November 19, 2013 public hearing. Applicant (9/19, 10/8, 11/4, 11/5 and 11/8/13): Modifications to the proffered conditions, Textual Statement and zoning exhibit were submitted. 19 12SN022Ei-2013N0~%20-BOS-RPT Staff (11/8/13): If the Planning Commission acts on this request on November 19, 2013, staff will advise the Board of the Commission's action after their meeting. The Board of Supervisors, on Wednesday, November 20, 2013, beginning at 6:30 p.m., will talce under consideration this request. 20 12SN022Ei-2013N0~%20-BOS-RPT Textual Statement Greenwich Walk November 8, 2013 Exhibit A -Plan titled "Greenwich Wallc Zoning Plan" (the "Zoning Map") dated October 8, 2013. L General Conditions. A. Residential units (i.e. attached and detached) shall be grouped together within a Tract or Sub-Tract. If there is a desire to mix the types of units within a Tract of Sub-Tract, the mixing may be permitted if a Residential Mixed Use Plan is submitted to the Planning Department for review and approval and such review shall be subject to appeal in accordance with the provisions of the Zoning Ordinance for Site Plan appeals. The Residential Mixed Use Plan shall address the land use transitions and compatibility between the different types of residential units within the Tract or Sub-Tract. Land use compatibility and transitions may include, but not necessarily be limited tq the exact location of the uses and site design. B. Except as provided herein, the Property shall be developed in accordance with the R-MF Standards of the zoning ordinance. II. Permitted Uses. Permitted uses shall be limited to: A. Uses permitted by right and with certain restrictions in the R-MF District, to include attached and detached units. B. In addition to model homes permitted by the Zoning Ordinance, model homes/sales offices not located in permanent dwellings provided: 1. No more than six (6) such model homes/sales offices, located in modular office units, shall be permitted within the project at any one time. 2. The model homes/sales offices shall be used to market the development in which they are located. 3. The model homes/sales offices shall not be the primary real estate office for the company marketing the development. C. Adult care centers provided they are located within the active recreational facilities. IILDevelopment Standards. A. Sidewallcs/Drivewa 1. SIDEWALKS: Sidewallcs shall be provided on both sides of all public streets of general circulation. 2. DRIVEWAYS: All private driveways serving residential uses shall be hardscaped. Private driveways shall not require curb and gutter. Private driveways that provide access to parking lots for more than five (5) cars shall require curb and glitter. 3. FRONT WALKS: Front wallcs shall be provided to each dwelling unit. Front wallcs shall be hardscaped. Front wallcs shall be a minimum of 4' wide. B. Landscaping -Attached Dwelling Units 1. STREET TREES: Street trees shall be planted or retained along both sides of all streets that provide general circulation. 2. SUPPLEMENTAL TREES: Prior to the issuance of a Certificate of Occupancy for a building containing multiple units or a row of Attached Units, a minimum of one additional tree for every two (2) units shall be planted in a courtyard or side yard area. Supplemental trees shall be at least 50% flowering trees, and the remainder shall be deciduous trees. Supplemental trees shall have a minimum caliper of 2" measured at breast height (4'-10" above ground) at the time of planting. 3. SODDED YARD AREAS: All contiguous yard areas along attached building fronts and all side yards that face a street shall be sodded and irrigated. 4. FRONT FOUNDATION PLANTING BED: Foundation planting is required along the entire front facade of all units, and shall extend along all sides facing a street. Foundation Planting Beds shall be a minimum of 4' wide at the time of planting from the unit foundation. Planting beds shall be defined with a trenched edge or suitable landscape edging material. Planting beds shall include medium shnibs spaced a maximum of four (4) feet apart. Unit corners shall be visually softened with vertical accent shnibs (4'-5') or small evergreen trees (6'-8') at the time of planting. C. Landscaping and Yards -Detached Dwelling Units 2 1. STREET TREES: Street trees shall be planted or retained along both sides of all streets that provide general circulation. 2. SUPPLEMENTAL TREES: Prior to the issuance of a Certificate of Occupancy for each dwelling unit, a minimum of one (1) flowering tree in each yard shall be planted in each front yard. Flowering trees shall have a minimum caliper of 2" measured at breast height (4'-10" above ground) at the time of planting. 3. FRONT YARD AREA: Except for the foundation planting bed, all front yards shall be sodded and irrigated. 4. FRONT FOUNDATION PLANTING BED: Foundation planting is required along the entire front facade of all units, and shall extend along all sides facing a street. Foundation Planting Beds shall be a minimum of 4' wide from the unit foundation. Planting beds shall be defined with a trenched edge or suitable landscape edging material. Planting beds shall include medium shnibs spaced a maximum of four (4) feet apart. Unit corners shall be visually softened with vertical accent shnibs (4'-5') or small evergreen trees (6'-8') at the time of planting. D. Architecture and Materials. 1. STYLE AND FORM: The architectural styles shall be interpretations of traditional Richmond architecture, using forms and elements compatible with those in the adj acent FoxCreek Subdivision such as Georgian, Adam, Classical Revival Colonial, Greek Revival, Queen Anne, and Craftsman styles. 2. ARCHITECTURE: Architectural treatment of buildings shall utilize a mixture of design features. Design features may include articulation of doors and windows, sculptural or textural relief of facades, and architectural ornamentation or varied rooflines, incorporated so as to have the appearance of several small buildings clustered together in buildings of large mass. Notwithstanding the foregoing, staggering the setbacks of dwelling units within a row of Attached Units shall not be required unless the row of Attached Units exceeds 6 dwelling units. 3. REPETITION: Detached units with the same elevations may not be located adjacent tq directly across from, or diagonally across from each other on the same street. This requirement does not apply to units on different streets backing up to each other. 4. FOL]NDATIONS: Any foundation shall match the facade for units with primary facades constricted entirely of brick or stone. Synthetic or natural stucco foundations may be permitted for facades constricted entirely of stucco. Stepping the siding down below the first floor level is not permitted on any elevation of the unit. 5. EXTERIOR FACADES: The front facade of a minimum of 60% (6 in 10) of the Detached Units shall be brick or stone. At least 60% of all front facades of Attached Unit Buildings shall be brick or stone masonry. The side facade of any Attached Unit Building that faces a public street shall have at least 60% brick or stone masonry. Other acceptable siding materials include stuccq synthetic stucco (E.LF.S), and horizontal lap siding. Horizontal lap siding shall be manufactured from natural wood or cement fiber board or may be premium quality vinyl siding. Plywood and metal siding are not permitted. Additional siding requirements: a. A maximum of three (3) facing materials may be used on any one facade of any unit. b. Brick sills shall be projected and brick heads at openings shall be traditional j ack arches, circular arches, or soldier courses. c. Cementitious and vinyl siding is permitted in traditional wide beaded styles only with a minimum 6-inch drop. Premium quality vinyl is defined as vinyl siding with a minimum wall thickness of .044". d. Synthetic Stucco (E.LF.S.) siding shall be finished in smooth, sand or level texture. Rough textures are not permitted. e. Exterior facades which face a public street shall have a formal arrangement and organization of elements including doors, windows, and trim and may include porches, columns, cornices and trim. 6. ROOFS: a. Varied Roof Line. Varied roof designs and materials shall be used on building sections across the front facade and rear facades of buildings that face a street. 4 b. Roof Materials: Roofing material shall be dimensional architectural shingles with a minimum 30 year warranty. All flashing shall be copper or pre-finished alununum (bronze or black). 7. PORCHES, STOOPS AND DECKS: a. Front Porches: All front entry stoops and front porches shall be constricted with a continuous masonry foundation wall. Individual porches and porticos shall be one-story in height. Extended front porches shall be a minimum of 5' deep. Handrails and railings shall be finished painted wood or metal railing with vertical pickets or swan balusters. Pickets shall be supported on top and bottom rails that span between columns. Columns supporting roofs of porches, porticos and covered stoops on street facing facades, shall be masonry piers, tapered round (Tuscan or Doric) column, or square box columns a minimum of 8" square as appropriate to the character of the unit. b. Front Porch Flooring: Unfinished treated wood decking shall not be permitted. Stained or painted wood flooring is permitted. All front steps shall be masonry to match the foundation. 8. FIREPLACES, CHIMNEYS AND FLUES: a. Chimneys: When chimneys are used, masonry chimneys are required on any facade or roof plane that faces a street. Sided chimneys are permitted on roof planes or facades that do not face a street, and must have masonry foundations. Cantilevered chimneys are not permitted. The width and depth of chimneys shall be appropriately sized in proportion to the size and height of the unit. For gas fireplaces, metal flues may be used on the roof. b. Direct Vent Fireplaces: Direct vent gas fireplace boxes which protnide beyond the exterior plane of the unit, are not perntted on front facades. On side facades, or any facade visible from the street, the frame stricture must have a foundation to match the house foundation. All the exterior materials and finishes used to enclose the fireplace box must match the adj acent facade. E. Building Orientation: Buildings along an adjacent or internal public road shall not be required to front that road. Units shall be permitted to front on an internal street, open space, or a courtyard. F. Distance between Detached Units: For Detached Units, there shall be a minimum distance of ten (10) feet between units. G. Property Line Setback and Landscapi~n :All strictures shall be set back a minimum of fifty (50) feet from all exterior property lines except where adjacent to a buffer in which case the setback shall be a minimum of ten (10) feet for a rear yard setback and three (3) feet for a side yard setback. The setback identified as the FoxCreek Subdivision 50 Foot Setback on Exhibit A shall be planted per the requirements of Perimeter Landscaping C. H. Setbacks from Roads: No setback from interior private driveways, parking areas, or streets shall be required for buildings, driveways and parking areas, or strictures. L Hecht: Buildings shall not exceed a maximum height of three stories. Any three story buildings shall be located within 650 feet of the southern property line adjacent to Village Square Parkway. J. Percentage of Parcel Coverage: All buildings, including accessory buildings, shall cover no more than seventy (70) percent of the Property. In conjunction with the first site plan submittal, a plan shall be submitted that divides the Property into tracts and designates the permitted parcel coverage on each tract. This plan may be modified throughout the life of the development provided the overall parcel coverage limitations are not exceeded. K. Front Loaded Garages: Front loaded garages shall be located no closer to the street than the front facade of the dwelling unit. 6 ... 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"~ ~ ~...,,., .r ~ O LL O ~ ' ,, ~~~ p~ ~ Q " I i~ }} ~~` ~., i } ~~ , } ~.~ ~ ~~ 7 ~ } __ ~ o ~- I~ ~ V . ~° N Z °o r ~' ~ LJ.I ~ z~ o ~, a r_ ~Q NORTH _ -----__- -. _ _____ __ _ _ ___ _ _ _ - -_ _- -- _ _ -__ __ _ .--_- - ~`O - -- ___ - - _ - -_ _ - - O~ OPT -_ - - - - _ _ -- - - - -- -- --- = - -- - -- = ------- - - --_ -- __ O- - - -- _ - -to __ ___ - - - - ~ - -- _ - --- _--- _--- -J _--- - - -_ _ - _ -- _ ='p0 ~a - _ - - - - - - - _ Y - - = _ - - _- c~~ _-- ________~9~-9~ - - - _ _ _____________ _ __ __ ____ - - - _ p a - _-_____-_ _ _ _- J --____- __ -- ~ - _ _ ---- -----_ - - _ -_- -- _ - LL _ _ - - J - - __- - _ _ -CASE 12SN0226 =-___-___ - - _ - SQUq u~ - _ _ _ _~ V~L L AGE R~cA~ ~~ -_ - Y ~O~ - - _ ___- - _--- _ - _ O - - _~S~ __==-_=_ ___-== _ - -- - 3 - - - ---- 't ____ '~ ~~P~OP~ - - _ _ - _ _-- _ - __ ~~ - _ _ - i _ Fz _ - - - _ ___ _ _ _ _ -_ - - _ _ _ - Nv~'`- - ~- - _ _ -_ - _ _ -- --_ ---_ --__ - _ _ __ __--__ __------___- ___--_--_--_-- -_--- _- -___ _____ - _ 1 _ _ - __ - _ - - - - _- _ - __ - - ---- - _ '~ _- _- -_-_ -_- _ - --- - - -- ---- --- - __ __ ---- _- __ 1 - ~~~~ _ _ - - I-ICOUNTY THOROUGHFARE PLAN I-1 w z cn 12SN0226-3 CONDITIONS OF ZONING -CASE 06SN0163 The Owners and the Developer (the "Developer") in this zoning case, pursuant to § 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the Property known as Chesterfield County Tax Identification Number 713-673-1067 (part), 713-672-1358, 712-672- 3060, 712-671-5171, and 711-671-8733 (the "Property") under consideration will be developed according to the following conditions if, and only if, the rezoning request for R-MF with a conditional use planned development (CUPD) is granted. In the event the request is denied or approved with conditions not agreed to by the Developer, the proffers and conditions shall immediately be null and void and of no further force or effect. If the zoning is granted, these proffers and conditions will supersede all proffers and conditions now existing on the Property. 1. Master Plan. The Textual Statement dated October 12, 2005, last revised May 16, 2006, shall be considered the Master Plan. (P) 2. Utilities. The public water and wastewater systems shall be used, except for sales facilities and/or constriction offices. (U) 3. Cash Proffers. In addition to the Transportation Contribution described in Proffered Condition 10, the applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the issuance of a residential building permit for infrastnicture improvements within the service district for the Property: A. $6,685 per dwelling unit, if paid prior to July 1, 2006. At the time of payment, $6,685 will be allocated pro-rata among the facility costs as follows: $5,331 for schools, $602 for parks, $348 for libraries, and $404 for fire stations. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $6,685 per unit as adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2005, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2006. B. Provided, however, that if any building permits issued on the Property are for senior housing, as defined in the proffer on age-restriction, the applicant, subdivider, or assignee(s) shall pay $1,354.00 per unit to the County of Chesterfield, prior to the time of issuance of a building permit, for infrastnicture improvements within the service district for the Property if paid prior to July 1, 2006. The $1,354.00 for any units developed shall be allocated pro- rata among the facility costs: $602 for parks, $348 for library facilities, and $404 for fire stations. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $1,354.00 per unit as adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2005 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2006. C. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. 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 tq any impact fees, in a manner as determined by the county. (B&M) 4. 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." (B&M) 5. Senior Housing. Any dwelling units designated for senior housing as defined in Proffered Condition 4 shall be noted on the site plan. Such dwelling units shall be grouped together as part of the same development section(s). (P) 6. Dedication. The following rights-of--way on the Property shall be dedicated, free and unrestricted, to Chesterfield County prior to any site plan approval or within sixty (60) days from a written request by the Transportation Department, whichever occurs first. A. Forty-five (45) feet of right-of--way on the east side of Otterdale Road, measured from the centerline of that part of Otterdale Road immediately adjacent to the Property. B. A seventy (70) foot wide right-of--way for the east/west collector (the "East-West Road") from Otterdale Road through the Property to the eastern Property line or in an alternate location acceptable to the Transportation Department. The exact location of this right-of--way shall be approved by the Transportation Department. (T) 7. Access. A. Direct vehicular access from the Property to Otterdale Road shall be limited to the East-West Road. B. No direct vehicular, except for emergency or constriction, access shall be provided from the Property to Cosby Road. C. Prior to site plan approval, an access plan for the East-West Road shall be submitted to and approved by the Transportation Department. Access from the Property to the East-West Road shall conform to the approved access plan. (T) 8. Road Improvements. To provide an adequate roadway system, the Developer shall be responsible for the following improvements. If any of the improvements are provided by others, as determined by the Transportation Department, then the specific required improvement shall no longer be required by the Developer. A. Widening/improving the east side of Otterdale Road for the entire Property frontage to an eleven (ll) foot wide travel lane, measured from the existing centerline of the road, with an additional one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved shoulder, and overlaying the full width of the road with one and one half (1.5) inches of compacted bituminous asphalt concrete, with modifications approved by the Transportation Department. B. Constriction of two lanes of the East-West Road, to VDOT Urban Collector (40 MPH) standards with any modifications approved by the Transportation Department, from Otterdale Road through the Property to the eastern Property line or in an alternate location acceptable to the Transportation Department. The exact location of this road shall be approved by the Transportation Department. C. Constriction of left and right turn lanes along Otterdale Road at the East-West Road intersection. D. Constriction of left and right turn lanes along the East- West Road at each approved access, if warranted, based on Transportation Department standards. E. Dedication to Chesterfield County, free and unrestricted, of 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 the road improvements described in this Proffered Condition, 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 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) 9. Phasing Plan. Prior to any site plan approval, 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) 10. Transportation Contribution. The applicant, his successor(s), or assignee(s) (the "Applicant") shall make the following payments to the County of Chesterfield. The payments shall be used for road improvements in accordance with the Board's cash proffer policy. The payments could be used towards road improvements to Woolridge Road and/or Otterdale Road. A. Prior to issuance of the first residential building permit for the first dwelling unit on the Property, the amount of $1,158,950. B. Prior to issuance of a residential building permit for a cumulative total of more than 130 dwelling units on the Property, the amount of $1,158,950. C. Prior to issuance of each residential building permit that would be in excess of a cumulative total of more than 260 dwelling units on the Property, the amount of $8,915. D. If the amounts above are paid after June 30, 2006, then each amount paid shall be adjusted upward by any Board of Supervisors' approved increase in the Marshall and Swift Building Cost Index between July 1, 2005 and July 1 of the fiscal year in which the payment is made. E. If, upon the mutual agreement of the Transportation Department and the Applicant, the Applicant provides road improvements (the "Improvements"), other than those road improvements identified in Proffered Condition 8, then the transportation contribution in this Proffered Condition shall be reduced by an amount not to exceed the cost to constrict the Improvements so long as the cost is of equal or greater value than that which would have been collected through the payment(s) of the transportation contribution in this Proffered Condition as determined by the Transportation Department. Once the sum total amount of the transportation contribution credit exceeds the cost of the Improvements, as determined by the Transportation Department, thereafter the Applicant shall commence paying the transportation contribution as set forth in this Proffered Condition as adjusted for the credit. For the purposes of this proffer, the costs, as approved by the Transportation Department, shall include, but not be limited tq the cost of right-of--way acquisition, engineering costs, costs of relocating utilities and actual costs of constriction (including labor, materials, and overhead) ("Work"). Before any Work is performed, the Applicant shall receive prior written approval by the Transportation Department for any credit amount. (B&M and T) 11. Density. The maximum number of dwelling units permitted on the Property shall be 520. (P) 12. Buffers. The following buffers shall be provided. A. A fifty (50) foot buffer shall be provided adjacent to Otterdale Road. This buffer shall conform to the requirements of the Zoning Ordinance for fifty (50) foot buffers provided, however, the Planning Commission may modify the buffer requirement at the time of site plan review. B. A thirty-five (35) foot buffer shall be provided adjacent to the East-West Road. This buffer shall conform to the requirements of the Zoning Ordinance for thirty five (35) foot buffers provided, however, the Planning Commission may modify the buffer requirement at the time of site plan review. (P) 13. Public Streets. All streets that accommodate general traffic circulation through the Property, as determined by the Transportation Department, shall be designed and constricted to VDOT standards and as set forth in the Textual Statement, and taken into the State System, except that if a third access road is required under Section 19-111 (h) it may be private. (T) 14. Virginia Condominium Act. All dwelling units on the Property shall be condominiums as defined and regulated by the Virginia Condominium Act, and all common areas and improvements therein shall be maintained by a condominium association. (P) Textual Statement Greenwich Walk October 1 ~, 2005 Revised March 30, 200G Revised April 2i, 200b Revised April 24, 200b Revised May 4, 2006 Revised May S, ZOOb Revised May 11, 200G Revised May 16, 2006 Rezone from A to R-MF with a Conditional Use Planned Development ("CUPD") to prKnnit zoning ordinance exceptions as described herein, and as provided in the acct~mpanying proffers. This application contains one exhibit described as follows: Exhibit A -Plan titled "Greenwich Walk Zoning Plan" (the "Zoning Map"} dated March 3l, ~aa~. I. General Conditions. A. The development shall have a traditional neighborhood development design with buildings located close to the sidewalks, the streets lined with street trees, on--street parking, open spaces, and in some 'instances alleys serving the rear of dwelling units- B. Residential units (i.e. attached and detached shall be grouped together within a Tract or Sub-Tract. If there is a desire to mix the types of units within a Tract or Sub-Tract, the mixing maybe permitted if a Mixed Use Plan is submitted to the Planning Department for review and approval and such review shall be subject to appeal in accordance with the provisions of the Zoning Qrdinance for Site Plan appeals. The Mixed Use Plan shall address the land use transitions and compatibility between the different types of residential units within the Tract or Sub-Tract. Land use compatibility and transitions may include, but not necessarily be limited to, the exact location of the uses and site design C. The Recreational Facilities shall serve as a focal point for the project and shall be located generally as shown on Exhibit A except that the recreational facilities may shift locations provided the area is generally located along C~tterdale Road andfor the East-West Road. II. Requirements and Exceptions. The following facilities shall be permitted. A. Recreational Facilities Recreational facilities shall be permitted within the project and will be designed far use by all the residents. Separate recreation areas far the various types of residential units are not required. The recreational uses shall be limited to facilities and uses that primarily serve the surrounding residential community including but not limited to passive recreation (i.e.: formal courtyards, parks, plazas, mews, picnic areas, trails, paths, sidewalks, ponds, open space, and vistas) and active facilities (i.e.: swimming pools, outdoor courts, and clubhouses). 2. Outside public address systems ar speakers shall not be used between the hours of 11:00 p.m. and B:DO a.m. and shall be used only in conjunction with a pool. 3. With the exception of passive recreation, outdoor play fields, outdoor courts, swirii:ming pools, and similar active recreational facilities shall be located a minimum of one hundred (100) feet from any existing single family residential lot line that is not a part of the project. Nothing herein shall prevent development of indoor facilities and/or parking within the one hundred (100} foot setback. Active recreational facilities shall be located a minimum of twenty-five (25} feet from any dwelling unit within the Property or separated by a road or alley. B. Model horneslsales off ces not located in permanent dwellings. 1. Na mare than six (b) such model hoznesisales offices, located in modular office units, shall be permitted within the project at any one time. 2. The model homes/sales offices shall be used to market the development in which they are located. 3. The model homes/sales offices shall not be the primary real estate office far the companies marketing the development. III. Requirements far Property A. Permitted uses shall be limited to: In addition to the uses specified in Section II, uses permitted by right and with certain restrictions in the R-MF District, to include attached and detached units. 2. Model homes, in accordance with Zoning C)rdinance Section 19-65(a}. 3. Adult care centers provided they are located within the active recreational facilities. 2 lV. Greenwich Walk Development Standards Chart The various condominium types will not be separated into isolated areas but instead will flaw froze a central core with the various unit types defining the streetscape. Many of the development standards will vary from the Chesterfield County Zoning Ordinance. Specific use standards set forth in the R-MF district shall not apply except as established within the Proffers or this Textual Statement, including these Development Standards. Development or Requirement Deli Conce t Sidewalks Generally, sidewalks shall Be located on both sides of all public streets where dwellin s front. Street Trees Street trees shall be planted or retained along each side of all public streets where sidewalks exist. Street trees shall be lanted a rnaxirnurn of 40 feet on center. Streets As permitted by VD4T and the Chesterfield County Transportation Department, street design and pavement widths shall be based on VDOT's Subdivision Street Design Guide effective January 1, 2005. These standards allow for curb-to-curb widths of atwenty-two (22) foot width and aright-o~=way of thirty {30) feet, based on average daily traffic. The minimum right-of=way shall be established at the time of Site Plan review based on the street 1a out. Buildin C)rientation Buildin s a front on a street, o ens ace, or a court ord. Alleys and All private driveways and alleys serving residential uses shall be Driveways hardscaped but shall not require curb and gutter unless they provide access to arkin areas for more than five 5 cars. Parking Any "hauling for older persons,"' as defined in the proffers, shall provide parking based on 1.2 spaces per unit. Parking for Attached Units designed with individual units on each floor shall provide parking based on 1.5 spaces per dwelling unit. Parking for all ether units shall be rovided with 2.0 s aces for each unit. Distance between Except for Detached Units, there shall be a minimum distance of fifteen Buildin s (1 S) feet between Buildin . Property Line All structures shall be set back a minimum of 50 feet from all property Setback and lines, unless adjacent to another multifamily residential district, in Landscaping which case a minimum setback of 30 feet shall be maintained. A11 perimeter yards shall be planted per the requirements of Perimeter Landscaping C except that the buffers set forth in the proffers shall be planted in accordance with the proffer requirements. if an access to any BMP is provided within the Property Line Setback, the Planning Commission may modify the perimeter yard landscaping requirement at the tune of site lan review. Building Orientation Building(s) along an adjacent or internal public road shall not be re aired to front that road. Setbacks from Roads No setback from interior private driveways, parking areas, or streets shall Be r aired for Buildin or structures. Development or requirement Deli n Conce t Driveways and No setback frown private driveways and parking areas shall be required Parking Areas from any proposed or existing public road, except as provided in the roffer relatin to buffers. Setbacks Setbacks far principal structures and accessory structures shall be zero 0 , ex t as ravided in the roffer relatin to buffers. Percentage of Parcel All buildings, including accessory buildings, shall net cover more than Coverage sixty (6Q) percent. Prior to the first site plan approval, a plan shall be submittal which divides the property into tracts and designates the permitted parcel coverage an each tract. This plan maybe modified throughout the life of the development provided the overall parcel coves a limitations are not exceeded. Front Leaded Front loaded garages shall be located na closer to the street than the Cara es front facade of the dwellin unit. Attached Units No mare than twelve (l2) dwelling units shall be permitted on any one floor level of a buildin . Detached Units A minimum of five (5} feet shall be provided between each detached unit. Property Owners A comprehensive property owners association will be created to awn, Association operate, and maintain all open spaces and common facilities within the community as outlined in Chesterfield County Zoning Ordinance Section 19-559. Height All buildings and structures shall be a maximum of six stories or 70 feet in height whichever is less. The maximum height of accessory buildings and structures shall be one-half the height of the principal buildin or ~5 feet, whichever is eater. Parcel Area The minimum arcel size shall be 20 acres. Recreation Area An area conveniently accessible to and included within the development of net less than ten percent of the gross acreage shall be provided far suitable recreational use by the occupants, and in nn event shall less than 1 l/2 acres be provided. Recreational facilities, including active anal passive recreation and community buildings shall be provided, as deemed appropriate during site plan approval Issuance of occupancy permits for multifamily dwelling units shall be in conjunction with the phasing of recreational facilities in accordance with the approved site lan. X3268(321.12 FOXCF~EEK ~-- REGIONAL BMP GREENWICH WALK C4N)C)MINIUMS 7d ~ ACRES r/ wo ~~ ~~ r,~~~ :: ~ `G/vJ ~~ ___~--i ~~'~ J LL.! ~~ ~ ~ c~ ~` R!`cReA-~oNAL Cn FACILIr~ES ~^ A ~ ACRES ~.1~ ~~ ~~~0 - ~ ~~~ ~~ C ~~P ,~~ ~ ivcH = Boa ~~ ~~ , ova ~"--- p ~~~ ~ ~ ~'~~ ~UL GREENIMCH WALK ZC7N[NG PLAN MARCH 31, 2©06 o~5NC51~3-! CONDITIONS OF ZONING -CASE 06SN0215 -TRACT D The Owners and the Developers for themselves and their successors or assigns (the "Developer") 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, proffer that the development of the property known as Chesterfield County Tax Identification Numbers 712-670-4080, 712-671-8544, 713-671-1799, 713-671-2000, 713-671-2660, 713-671- 4107, 713-671-7682, and 713-672-1358 (part) ("Tracts A. B, C, and D") under consideration will be developed according to the following conditions if, and only if, the rezoning request for C-3 with a conditional use (CU) and with a conditional use planned development (CUPD) and R-MF with a conditional use planned development (CUPD) is granted. In the event the request is denied or approved with conditions not agreed to by the Developer, the proffers and conditions shall immediately be null and void and of no further force or effect. THE FOLLOWING PROFFERS SHALL APPLY ONLY TO TRACT D. 15. Master Plan. The Textual Statement dated November 13, 2006, last revised April 2, 2007, shall be considered the Master Plan. (P) 16. Utilities. The public water and wastewater systems shall be used, except for sales facilities and/or constriction offices. (U) 17. Timbering. 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 Tract D until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) 18. Cash Proffers. The Developer of Tract D shall pay the following to the County of Chesterfield prior to the issuance of a building permit for infrastnicture improvements within the service district for Tract D: a. $15,600 per dwelling unit located in Tract D, if paid prior to July 1, 2007. At the time of payment, the $15,600 will be allocated pro-rata among the facility costs as follows: $602 for parks and recreation, $348 for library facilities, $8,915 for roads, $5331 for school facilities, and $404 for fire stations. b. Provided, however, that if any building permits issued on Tract D are for senior housing, as defined in the proffer on age-restriction, the Developer of Tract D shall pay $10,269 per dwelling unit if paid prior to July 1, 2007, or the amount approved by the Board of Supervisors, not to exceed $10,269 per dwelling unit as 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 if paid after June 30, 2007. At the time of payment, the $10,269 will be allocated pro-rata among the facility costs as follows: $602 for parks and recreation, $348 for library facilities, $8,915 for roads, and $404 for fire stations. Payments in excess of $10,269 shall be prorated as set forth above. c. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to Tract D, the amount paid in cash proffers shall be in lieu of or credited toward, but not in addition tq any impact fees, in a manner as determined by the county. (B&M) 19. Aye 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) 20. Senior Housing. Any dwelling units designated for senior housing as defined in Proffered Condition 18 shall be noted on the site plan. Such dwelling units shall be grouped together as part of the same development section(s). (P) 21. Dedication. A seventy (70) foot wide right-of--way for the east/west collector (the "East-West Road") through Tract D or in an alternate location acceptable to the Transportation Department shall be dedicated, free and unrestricted, to Chesterfield County prior to any site plan and/or subdivision approval or within sixty (60) days from a written request by the Transportation Department, whichever occurs first. The exact location of this right-of--way shall be approved by the Transportation Department. (T) 22. Access. Prior to any site plan approval, an access plan for the East-West Road shall be submitted to and approved by the Transportation Department. Access from Tract D to the East-West Road shall conform to the approved access plan. (T) 23. Road Improvements. To provide an adequate roadway system, the Developer shall be responsible for the following improvements. If any of the improvements are provided by others, as determined by the Transportation Department, then the specific required improvement shall no longer be required by the Developer. a. Constriction of two lanes of the East-West Road, to VDOT Urban Collector (40 MPH) standards with any modifications approved by the Transportation Department, through Tract D or in an alternate location acceptable to the Transportation Department. The exact location of this road shall be approved by the Transportation Department. b. Constriction of left and right turn lanes along the East-West Road at each approved access to Tract D, if warranted, based on Transportation Department standards. Dedication to Chesterfield County, free and unrestricted, of 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 the road improvements described in this Proffered Condition, 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 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. d. Prior to any site plan approval, a phasing plan for the required road improvements shall be submitted to and approved by the Transportation Department. (T) 24. Density. The maximum number of dwelling units permitted on Tract D shall be 75. (P) 25. Buffers. The following buffers shall be provided. a. A minimum thirty-five (35) foot buffer shall be provided adjacent to the East-West Road. This buffer shall conform to the requirements of the Zoning Ordinance for thirty five (35) foot buffers provided, however, the Developer of Tract D may request that the Planning Commission modify the buffer requirement at the time of site plan review or subdivision review in accordance with Zoning Ordinance section 19-521. b. All required buffers shall be located within recorded open space. (P) 26. Public Streets. All streets that accommodate general traffic circulation through Tract D, as determined by the Transportation Department, shall be designed and constricted to VDOT standards and taken into the State System, except that if a third access road is required under Section 19-1 ll (h) it may be private. (T) 27. Virginia Condominium Act. All dwelling units on Tract D shall be condominiums as defined and regulated by the Virginia Condominium Act, and all common areas and improvements therein shall be maintained by a condominium association. (P) Textual Statement Cosby Village November 13, 2006 Comments Received January 22, 2007, Revised January 22, 2007 Revised February 27, 2007 Comments Received March 16, 2007, Revised March 20, 2007 Comments Received March 23, 28, and 29, 2007, Revised April 2, 2007 This application contains two (2) exhibits described as follows: Exhibit A -Plan titled "Tract Plan," dated October 2006, last revised March 2007, prepared by designforum, showing Tract boundaries. Exhibit B -Plan titled "Conceptual Master Plan," dated October 2006, last revised March 2007, prepared by designforum, showing use locations. Rezone. Rezone 69.9f acres (the "Property") from A and R-MF to C-3 with a Conditional Use Planned Development ("CUPD") and Conditional Use ("CU") to permit zoning ordinance exceptions as described herein, and as provided in the accompanying proffers. II. General Conditions for Tracts A. B. and C. A. The development shall have a traditional neighborhood design with a mix of residential and non-residential uses located close to the sidewalks, the streets lined with trees, areas designated as common open space, and in some instances alleys serving the rear of dwelling units. B. To accommodate the orderly development of Tracts A, B, and C, the Tracts shall be located as generally depicted on the Tract Plan, but their location and size, including further divisions into Sub-Tracts (a designated portion of a Tract), may be modified (such as moving the location of a Tract boundary) so long as the parcels generally maintain their relationship with each other and any adjacent properties. A plan for Tract modification shall be submitted to the Planning Department for review and approval. Such plan shall be subject to appeal in accordance with the provisions of the Zoning Ordinance for Site Plan appeals. Sub-Tract divisions may be created at the time of Tentative Subdivision or Site Plan approval and shall not require a separate review as a Tract modification, provided there is no adjustment in the overall Tract boundary. C. Development shall be designed as generally depicted on the Conceptual Plan. Specifically, the general relationship between the uses in each Tract to adjacent Tracts shall be maintained. Within Tracts, development shall be generally designed with interconnected streets, except for those parking areas located along streets, and with a pedestrian emphasis throughout the project. Further, the location of uses within each Tract maybe modified so long as the nature of the transitions between that Tract and adjacent Tracts as well as adjacent properties is maintained. A plan for modification to the Conceptual Plan shall be submitted to the Planning Department for review and approval. Such plan shall be subject to appeal in accordance with the provisions of the Zoning Ordinance for Site Plan appeals. D. The Amenity depicted on Exhibit B shall serve as the focal point for the project and shall be located generally as shown on Exhibit B. The Amenity shall have a minimum area of 4,000 square feet; shall be interconnected via the pedestrian ways within Tracts A, B, and C; and shall include at least two benches to encourage neighborhood gatherings. The area around the benches shall be hardscaped and the benches shall be made of low maintenance materials and anchored in place. III. Requirements and Exceptions for Tracts A, B, and C. A. Sidewalks. Generally, sidewalks shall be located on both sides of all public streets. Sidewalks shall be provided to facilitate pedestrian access within the project. B. Street Trees. Street trees shall be planted or retained along each side of all public streets where sidewalks are required. C. Parking. If on-street parking is permitted, those spaces shall be counted towards the required number of parking spaces for all uses. 2. Except for "housing for older persons," residential units shall provide parking based on 2.0 spaces per dwelling unit. "Housing for older persons" shall provide parking based on 1.2 spaces per dwelling unit. 4. Commercial or office uses shall provide parking based on 3.4 spaces/1,000 square feet of gross floor area. 5. Parking maybe further reduced based on Zoning Ordinance Section 19-512. 6. Parking shall not be required on each parcel or site where the use is located, but rather may be provided off-site, including on-street parking, 2 subject to approval at the time of plans review, which may include requirements for easements. 7. Parking areas, except for those located within streets, shall be generally located so as to minimize their exposure to internal roads. Generally, parking areas shall be located to the side or rear of buildings, or within courtyard areas or located where the buildings along Otterdale Road and the East/West Road minimize the visual impact of the parking from such roads. 8. Any garage parking or other type of enclosed and/or covered parking area shall be counted toward the calculation of the required parking spaces, including tandem garage spaces. 9. Front loaded garages shall project no greater than four (4) feet from the front facade of the dwelling unit. D. Alleys. All private driveways and alleys serving residential uses shall be hardscaped but shall not require curb and gutter unless they provide access to parking areas for more than five (5) cars. 2. When provided, alleys will be located within a minimum sixteen (16) foot wide private easement. Alley pavement shall be a minimum of twelve (12) feet in width. E. Frontage. All buildings shall front on a street, alley, open space, parking area, or courtyard. F. Setbacks. Other than those standards established by the covenants or other documents prepared by the developer or that might be required by the building code, there shall be no bulk requirements except as may be set forth in this Textual Statement or the proffers. This includes but is not limited to: minimum lot area, percent of lot coverage, parcel size, lot width, yards (front, corner, corner side, through lots, rear, side) or setbacks, density requirements, or number of dwelling units on any one floor area. Provided however, that corner side yards shall meet sight distance requirements as may be established at the time of Subdivision Plan/Site Plan review. 2. No setback from interior private driveways, parking areas, or streets shall be required for buildings or structures. G. Buffers. 1. In keeping with the mixed-use nature of the development, no buffers shall be required between various uses; however, landscaping shall be provided throughout Tracts A, B, and C. 2. No residential street buffers as set forth in the Subdivision Ordinance shall be required except as set out in the proffers. The sidewalks and street trees shall provide separation from the street and public areas. H. Height. All buildings and structures shall be a maximum of six stories or 70 feet in height whichever is less. The maximum height of accessory buildings and structures shall be one-half the height of the principal building or 25 feet, whichever is greater. IV. Requirements for Specific Tracts. A. Tract C (Commercial). 1. Permitted uses shall be limited to the following and as further set forth in Proffered Condition 12: a. Uses permitted by right and with certain restrictions in the Neighborhood Business (C-2) District. b. Accessory uses permitted in the C-2 Zoning District. c. Hotels. d. Mixed-Use Buildings, defined as multi-story buildings that accommodate a combination of commercial and/or residential and/or office uses within the same structure. e. Outside display of merchandise for sale as an accessory use to a permitted use subj ect to the following provisions: (i) Such merchandise is located within covered sidewalks or courtyard areas. (ii) Such areas are designated for such use. (iii) Pedestrian walkways are maintained. f. Prepared food and fruit and vegetable vendors, provided that: (i) Only prepared food and fruits and vegetables shall be sold. 4 (ii) They shall be permitted only on a lot or parcel occupied by a permanent use. (iii) They shall be located where improved permanent parking facilities are available for their use, provided that the required minimum and most convenient parking spaces for the existing permanent use shall not be used. (iv) Any temporary structure, vehicle, sign or other material associated with or resulting from the use shall be removed from the lot or parcel no later than twenty-four (24) hours following the end of the temporary sale cessation of the use. g. Travel agencies to include travel arranging and transportation ticket services. 2. Requirements. No building exterior (whether front, side or rear) which would be visible to any A, R, R-TH, R-MF, MH or O district or any public right-of--way shall consist of architectural materials inferior in quality, appearance or detail to any other exterior of the same building. Nothing in this section shall preclude the use of different materials on different building exteriors, but rather shall preclude the use of inferior materials on sides which face adjoining property. No portion of a building that is constructed of unadorned concrete block or corrugated and/or sheet metal shall be visible from any adjoining A, R, R-TH, R-MF, MH or O district or any public right-of--way. No building exterior shall be constructed of unpainted concrete block or corrugated and/or sheet metal. Architectural treatment of buildings shall be compatible within the Tract. Compatibility may be achieved through the use of similar building massing, materials, scale, colors and other architectural features, and/or style. b. Any record plat or site plan for lots adjacent to the proposed commercial uses shall note the potential for commercial use or office development adjacent to such lots. Development shall be oriented away from Otterdale Road to create an internal focus and to avoid typical "strip commercial" characteristics. B. Tract B (Residential) Permitted uses shall be limited to: Uses permitted in Tract C, provided such uses are located generally along Otterdale Road or the East/West Road. Any commercial use shall be oriented away from Otterdale Road to create an internal focus and to avoid typical "strip commercial" characteristics. The uses shall be further limited as set forth in Proffered Condition 12. b. Recreational Facilities (i) Community recreational facilities shall be permitted for use by residents of the community. Separate recreation areas for the various types of residential units are not required. The recreational uses shall be limited to facilities and uses that primarily serve the surrounding residential community including but not limited to passive recreation (i.e.: formal courtyards, parks, plazas, mews, picnic areas, trails, paths, sidewalks, ponds, open space, and vistas) and active facilities (i.e.: swimming pools, outdoor courts, and clubhouses). (ii) Outside public address systems or speakers shall not be used between the hours of 11:00 p.m. and 8:00 a.m. and shall only be used in conjunction with a pool. (iii) Outdoor play fields, outdoor courts, swimming pools, and similar active recreational areas facilities shall be located a minimum of 100 feet from adj acent property external to the development and designated by the Comprehensive Plan for residential development. Active recreation facilities shall be located a minimum of fifty (50) feet from existing or proposed public roads. Within the 100-foot setback, a fifty (50) foot buffer shall be provided along the perimeter of all active recreational facilities except where adjacent to any existing or proposed roads. This buffer shall conform to the requirements of the Zoning Ordinance for fifty (50) foot buffers. The applicant may request that these buffers and setbacks be modified by the Planning Commission at the time of site plan review. Such setbacks and buffers shall not apply to passive recreational uses or playground areas which accommodate swings, jungle gyms, or similar such facilities. (iv) Any playground areas (i.e., areas accommodating swings, jungle gyms or similar such facilities) shall be located a minimum of forty (40) feet from adjacent property external to the development and designated by the Comprehensive Plan for residential development. Within this forty (40) 6 foot setback, a buffer (which may be less than 40' in width) shall be provided along the perimeter of these recreational facilities except where adjacent to any existing or proposed roads. This buffer shall conform to the requirements (except in width) of the Zoning Ordinance for fifty (50) foot buffers. The applicant may request that these buffers and setbacks be modified by the Planning Commission at the time of site plan review. c. Yard sales associated with residential uses, provided that the sale: (i) Is accessory to a principal use on the same property (ii) Does not exceed two days in duration (iii) Is conducted by the owner or lessee of the property on which it occurs and includes only personal property owned by the seller and usual to a household (iv) Does not occur on the same property more than four times in any one calendar year and not more than twice within a 30-day period. d. Single Family Units. e. Townhouses. £ Multi-Family Units. g. Adult day care. h. Model homes, in accordance with Zoning Ordinance Section 19-65(a). i. Public and private profit-making clubs. j . Condominium units defined as a form of ownership where the land is held in common and the individual unit is held in fee. Any of the permitted uses may be designed as condominiums. k Family day-care homes, provided that no more than five children exclusive of the provider's own children and any children who reside in the home receive care at any one time during a 24-hour day. 1. Accessory uses permitted in the R-TH and R-MF Zoning Districts. 2. Requirements. 7 The maximum height of accessory buildings and structures shall be one-half the height of the principal building or 25 feet, whichever is greater. b. Road frontage for dwelling units shall not be required provided there is access to a public road via an easement or right of way and that such dwelling unit fronts on an alley, open space, parking area, or courtyard, as approved by the Planning and Transportation Departments. C. Tract A Permitted uses shall be limited to: Any use permitted in Tract B except that commercial uses shall not be permitted. b. Two Family dwellings. Nursing, Convalescent, Rest Homes. d. Rental and Management offices. V. Tract D Rezoning. Exhibit A -Plan titled "Tract Plan," dated October 2006, last revised March 2007, prepared by designforum, showing Tract boundaries. A. Rezone 8.7f acres (the "Property") from A to R-MF with a CUPD to permit zoning ordinance exceptions as described herein, and as provided in the accompanying proffers. B. General Conditions for Tract D. The development shall have a traditional neighborhood development design with buildings located close to the sidewalks, the streets lined with street trees, on-street parking, open spaces, and in some instances alleys serving the rear of dwelling units. 2. Residential units (i.e. attached and detached) shall be grouped together within a Tract or Sub-Tract. If there is a desire to mix the types of units within a Tract or Sub-Tract, the mixing may be permitted if a Mixed Use Plan is submitted to the Planning Department for review and approval and such review shall be subject to appeal in accordance with the provisions of the Zoning Ordinance for Site Plan appeals. The Mixed Use Plan shall address the land use transitions and compatibility between the different types of residential units within the Tract or Sub-Tract. Land use compatibility and transitions may include, but not necessarily be limited to, the exact location of the uses and site design. C. Requirements and Exceptions for Tract D. The following facilities shall be permitted: Recreational Facilities, if provide on Tract D (i) Recreational facilities shall be permitted within Tract D and will be designed for use by all the residents. Separate recreation areas for the various types of residential units are not required. The recreational uses shall be limited to facilities and uses that primarily serve the surrounding residential community including but not limited to passive recreation (i.e.: formal courtyards, parks, plazas, mews, picnic areas, trails, paths, sidewalks, ponds, open space, and vistas) and active facilities (i.e.: swimming pools, outdoor courts, and clubhouses). (i) Outside public address systems or speakers shall not be used between the hours of 11:00 p.m. and 8:00 a.m. and shall be used only in conjunction with a pool. (ii) With the exception of passive recreation, outdoor play fields, outdoor courts, swimming pools, and similar active recreational facilities shall be located a minimum of one hundred (100) feet from any existing single family residential lot line that is not a part of Tract D or its associated project (Greenwich Walk). Nothing herein shall prevent development of indoor facilities and/or parking within the one hundred (100) foot setback. Active recreational facilities shall be located a minimum of twenty-five (25) feet from any dwelling unit within Tract D or Greenwich Walk or separated by a road or alley. b. Model homes/sales offices not located in permanent dwellings. (i) No more than six (6) such model homes/sales offices, located in modular office units, shall be permitted within the project at any one time. (ii) The model homes/sales offices shall be used to market the development in which they are located. (iii) The model homes/sales offices shall not be the primary real estate office for the companies marketing the development. 9 D. Requirements for Tract D. Permitted uses shall be limited to: In addition to the uses specified in V.C. above, uses permitted by right and with certain restrictions in the R-MF District, to include attached and detached units. b. Model homes, in accordance with Zoning Ordinance Section 19- 65(a). Adult care centers provided they are located within the active recreational facilities. 2. Development Standards Chart for Tract D. The various condominium types will not be separated into isolated areas but instead will flow from a central core with the various unit types defining the streetscape. Many of the development standards will vary from the Chesterfield County Zoning Ordinance. Specific use standards set forth in the R-MF district shall not apply except as established within the Proffers or this Textual Statement, including these Development Standards. Development or Requirement Desi n Conce t Sidewalks Generally, sidewalks shall be located on both sides of all public streets where dwellings front. Street Trees Street trees shall be planted or retained along each side of all public streets where sidewalks exist. Street trees shall be planted a maximum of 40 feet on center. Streets As permitted by VDOT and the Chesterfield County Transportation Department, street design and pavement widths shall be based on VDOT's Subdivision Street Design Guide effective January 1, 2005. These standards allow for curb-to-curb widths of a twenty-two (22) foot width and aright-of--way of thirty (30) feet, based on average daily traffic. The minimum right-of--way shall be established at the time of Site Plan review based on the street la out. Building Orientation Buildings may front on a street, open space, or a courtyard. Alleys and All private driveways and alleys serving residential uses shall be Driveways hardscaped but shall not require curb and gutter unless they provide access to arkin areas for more than five 5 cars. 10 Development or Requirement Desi n Conce t Parking Any "housing for older persons," as defined in the proffers, shall provide parking based on 1.2 spaces per unit. Parking for Attached Units designed with individual units on each floor shall provide parking based on 1.5 spaces per dwelling unit. Parking for all other units shall be provided with 2.0 spaces for each unit. Distance between Except for Detached Units, there shall be a minimum distance of fifteen Buildings (15) feet between buildings. Property Line All structures shall be set back a minimum of 50 feet from all property Setback and lines, unless adjacent to another multifamily residential district, in Landscaping which case a minimum setback of 30 feet shall be maintained. No setbacks along internal property lines shall be required provided Tract D is part of the Greenwich Walk project. All perimeter yards shall be planted per the requirements of Perimeter Landscaping C except that the buffers set forth in the proffers shall be planted in accordance with the proffer requirements. If an access to any BMP is provided within the Property Line Setback, the Planning Commission may modify the perimeter yard landscaping requirement at the time of site plan review. Building Orientation Building(s) along an adjacent or internal public road shall not be required to front that road. Setbacks from Roads No setback from interior private driveways, parking areas, or streets shall be required for buildings or structures. Driveways and No setback from private driveways and parking areas shall be required Parking Areas from any proposed or existing public road, except as provided in the roffer relatin to buffers. Setbacks Setbacks for principal structures and accessory structures shall be zero 0 , exce t as rovided in the roffer relatin to buffers. Percentage of Parcel All buildings, including accessory buildings, shall not cover more than Coverage sixty (60) percent. Prior to the first site plan approval, a plan shall be submitted which divides the property and/or the Greenwich Walk prof ect into tracts and designates the permitted parcel coverage on each tract. This plan may be modified throughout the life of the development rovided the overall arcel covera e limitations are not exceeded. Front Loaded Front loaded garages shall be located no closer to the street than the Garages front facade of the dwelling unit. Attached Units No more than twelve (12) dwelling units shall be permitted on any one floor level of a building. Detached Units A minimum of five (5) feet shall be provided between each detached unit. Property Owners A comprehensive property owners association will be created to own, Association operate, and maintain all open spaces and common facilities within the community as outlined in Chesterfield County Zoning Ordinance Section 19-559. 11 Development or Requirement Desi n Conce t Height All buildings and structures shall be a maximum of six stories or 70 feet in height whichever is less. The maximum height of accessory buildings and structures shall be one-half the height of the principal building or 25 feet, whichever is greater. Parcel Area The minimum parcel size shall be 8.7 acres. Recreation Area An area conveniently accessible to and included within the development of not less than ten percent of the gross acreage shall be provided for suitable recreational use by the occupants, and in no event shall less than 1 1/2 acres be provided. 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