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12SN0227CASE MANAGER: Darla Orr °r /~~~. 1 ~ ~~= ` ~~}~ ~~`-~- BS Time Remaining: 246 days r i ~ ~ n i ~ ~ ~~„~~~.,,,- i Q C r+~ ~n r+ ~ i ~ r+~r+ , R r-------- -- r~o,.oH~t,o,- i n -- ~n -- -- i ~ non i`~e~iTT?8 -, ' ~~ -, T~ i~o.- i ~ ~ ~ ~ n i ~ r+~r+ -- crr , ~ ~ T- 1~~ i` ` ~ o ?~ rs ~_Tc -~~Tc ~ ~ P~ ~---~--~--._ i i - ~n i'~ nn -~ vE~617~7zZ?~4 November 19, 2014 BS STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 12 SN0227 (AMENDED) Twin Rivers, LLC Bermuda Magisterial District Enon Elementary; Elizabeth Davis Middle and Thomas Dale High Schools Attendance Zones Southwest corner of Meadowville and North Enon Church Roads REQUEST: (AMENDED) Amendment of conditional use planned development (Case 08SNOll 1) relative to conceptual plan, uses, development standards, access and reduction of cash proffers in a Community Business (C-3) District. Specifically, the proposed amendments offer a revised textLial statement and conceptual plan; eliminate the linutation on the number of buildings permitted solely for multifamily residential use; delete transportation improvements relative to constriction of Meadowville Road; clarify language relative to phasing road improvements; modify a condition relative to compliance with a drainage break plan; reduce the cash proffer payment; and add permitted uses. PROPOSED LAND USE A mix of Community Business (C-3), multifamily residential, public/senu-public uses (including, but not limited tq government buildings, fire stations, public schools, parks and community meeting facilities) is planned. Proffered Condition 7 of Case 08SNOll 1, which will remain in effect, limits residential density to a maximum of 400 dwelling units. Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 5. AYES: MESSRS. BROWN, PATTON AND WALLER. NAYS: MESSRS. WALLIN AND GULLEY. STAFF RECOMMENDATION Recommend approval for the following reasons: A. While the amounts proffered are less than the Board's maximum cash proffer, staff recommends that the Board give careful consideration to the uniqueness of this request, particularly as it relates to a site extremely critical to the County's economic development objectives, when malting its decision. B. With flexibility in typical zoning standards to support the proposed traditional neighborhood development as requested in this case, the Plan suggests design details that ensure quality public places should be addressed. The proposal provides standards for pedestrian areas that are designed to promote a high quality traditional neighborhood with integrated uses. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS. CONDITIONS NOTED "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION.) PROFFERED CONDITIONS The Applicant hereby deletes Proffered Conditions 4.C.ii, 4D of Zoning Case 08SNOll 1. The Applicant hereby amends Proffered Condition 1, 3.B., 4.B preamble, 4.B.iii and 4.C.i., 5 and 6 as follows: (STAFF/CPC) 1. With the approval of this request, Conditions 4.C.ii and 4.D. of Zoning Case 08SNOll1 shall be deleted. Except as modified by this request (Case 12SN0227), all other conditions of Case 08SNOll 1 shall remain in force and effect. (P) The Applicant hereby amends Condition 1 of Case 08SNOll 1 to read as follows: (STAFF/CPC) 2. Master Plan. The textual statement last revised September 3, 2013 shall be considered the Master Plan along with the Conceptual Plan entitled, "Meadowville Town Center" dated May 29, 2013, prepared by Timmons Kelly Architects. (P) 2 12SN0227-2014N0~-19-BOS-RPT The Applicant hereby amends Condition 3.B. of Case 08SNOll 1 to read as follows: (STAFF/CPC) 3. The drainage breaks, as established in the site development plan, shall not expand the Johnson Creek Watershed to a size greater than what is shown in a plan entitled "Meadowville Stormwater Management BMP-MP 1" on sheet 7 (post developed hydraulic analysis), revised dated August 9, 2007. (EE) The Applicant hereby amends Condition 4.B. preamble of Case 08SNOll 1 to read as follows: (STAFF/CPC) 4. Road Improvements. To provide an adequate roadway system, the developer shall be responsible for the following improvements. The exact design of these improvements shall be approved by the Transportation Department. (T) The Applicant hereby amends Condition 4.B.iii. of Case 08SNOll1 to read as follows: (STAFF/CPC) 5. If direct vehicular access is provided to North Enon Church Road, widening/improving the west side of North Enon Church Road for the entire property frontage to provide 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. If no direct vehicular access is provided to North Enon Church Road, relocation of the ditch to provide an eight (8) foot wide unpaved shoulder along the west side of North Enon Church Road for the entire property. (T) The Applicant hereby amends Condition 4.C.i. of Case 08SNOll 1 to read as follows: (STAFF/CPC) 6. Direct vehicular access from the Property to Meadowville Road shall be limited to three (3) entrances/exits. The exact location of these accesses shall be approved by the Transportation Department. (T) The Applicant hereby amends Condition 5 of Case 08SNOll 1 to read as follows: (STAFF/CPC) 7. Timber Management. Timber management, for the purpose of enhancing the health and viability of the forest, shall occur under the supervision of a qualified forester, and will only be allowed upon the submission and approval of the appropriate forest 3 12SN0227-2014N0~-19-BOS-RPT management plan to include, but not limited to, erosion control, Chesapeake Bay Act/wetland restrictions, and the issuance of a land disturbance permit by the Environmental Engineering Department. Any other timbering shall be incorporated into the site development erosion and sediment control plan/narrative as the initial phase of infrastnicture constriction and will not commence until the issuance of the actual site development land disturbance permit. (EE) (STAFF NOTE: SINCE THE COMMISSION'S CONSIDERATION OF THIS CASE, PROFFERED CONDITION 8 HAS BEEN MODIFIED AT THE REQUEST OF STAFF. THE PROFFER HAS BEEN MODIFIED TO REMOVE SPECIFIC DATES IN THE ESCALATOR CLAUSE. THE CONDITION NOTED WITH `STAFF' IS THE CONDITION RECOMMENDED FOR THE BOARD'S ACCEPTANCE.) The Applicant hereby amends Condition 6 of Case 08SNOll 1 to read as follows: (CPC) 8. Cash Proffers 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, unless state law prevents enforcement of that timing: 1. For units constricted with more than two bedrooms, a. $11,573.00 per dwelling unit, where $9073.00 shall go to school infrastnicture improvements, $2403.00 shall go to road infrastnicture improvements and $97.00 shall go to library infrastnict~ire improvements for the period beginning the July 1 preceding the Board of Supervisors' approval of the case through Julyl four years later, at which point the amount will be adjusted for the cumulative change in the Marshall and Swift Building Cost Index during that time period; or b. 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. 4 12SN0227-2014N0~-19-BOS-RPT 2. For units constricted with two or fewer bedrooms, a. $2500.00 per dwelling unit, where $2403.00 shall go to road infrastnicture improvements and $97.00 shall go to library infrastnicture, for the period beginning the July 1 preceding the Board of Supervisors' approval of the case through Julyl four years later, at which point the amount will be adjusted for the cumulative change in the Marshall and Swift Building Cost Index during that time period; or b. 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. Building plans submitted for building permits shall designate the number of bedrooms in each dwelling unit. C. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted bylaw. D. 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. If Chesterfield should adopt a "workforce" or "affordable" housing program which eliminates or permits a reduced cash proffer, the cash proffer for any dwelling unit on the Property that is designated as "workforce" or "affordable" housing, that meets all the requirements of the adopted "workforce" or "affordable" housing program, and for which a cash proffer has not yet been paid shall be adjusted to be consistent with the approved "workforce" or "affordable" housing program. (B) (STAFF) 8. Cash Proffers 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) 12SN0227-2014N0~-19-BOS-RPT shall pay the following to the County of Chesterfield, immediately after completion of the final inspection: 3. For units constricted with more than two bedrooms, a. $11,573.00 per dwelling unit, where $9073.00 shall go to school infrastnicture improvements, $2403.00 shall go to road infrastnicture improvements and $97.00 shall go to library infrastnict~ire improvements, if paid prior to July 1, 2017; or b. If paid after June 30, 2017, and before July 1, 2018, $11,573.00 per dwelling unit, 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. 4. For units constricted with two or fewer bedrooms, a. $2500.00 per dwelling unit, where $2403.00 shall go to road infrastnicture improvements and $97.00 shall go to library infrastnicture, if paid prior to July 1, 2017; or b. If paid after June 30, 2017, and before July 1, 2018, $2500.00 per dwelling unit, 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. Building plans submitted for building permits shall designate the number of bedrooms in each dwelling unit. Ei 12SN0227-2014N0~%19-BOS-RPT C. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. D. 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. If Chesterfield should adopt a "workforce" or "affordable" housing program which eliminates or permits a reduced cash proffer, the cash proffer for any dwelling unit on the Property that is designated as "workforce" or "affordable" housing, that meets all the requirements of the adopted "workforce" or "affordable" housing program, and for which a cash proffer has not yet been paid shall be adjusted to be consistent with the approved "workforce" or "affordable" housing program. (B) GENERAL INFORMATION Location: The request property is located in the southwest corner of Meadowville and North Enon Church Roads. Tax IDs 823-659-3856, 6573 and 9483; 824-659-2386, 5689, and 8890. Existing Zoning: C-5 with conditional use and conditional use planned development Size 67.7 acres Existing Land Use: Vacant/wooded Adjacent Zoning and Land Use: North - R-12; Single-family residential or vacant South and West - I-2; Industrial or vacant East - R-12 and A; Vacant 7 12SN0227-2014N0~-19-BOS-RPT T TTTT TTTF C Public Water Svstem: The public water system is available to this site. There is a sixteen (16) inch water line extending along Meadowville Road. Connection to the public water system is required. (Proffered Condition 2 of Case 08SNOll 1) Public Wastewater Svstem: The public wastewater system is available to the request site. There is an eighteen (18) inch wastewater line extending along Meadowville Tech Parkway. Connection to the public wastewater system is required. (Proffered Condition 2 of Case 08SNOll 1) ENVIRONMENTAL Drainage and Erosion: The subject property is very flat and drains in several directions. The part of the property that drains north under Meadowville Road will drain through storm sewer systems in Meadowville Landing to the James River. That portion of the property that drains to the south will drain through Meadowville Technology Park tributaries to Johnson Creek. There are currently no known on- or off-site erosion problems on the property and none are anticipated after development. Due to the extreme flatness of the area, staff has been working with area developers to deternune how much of the land drains to the north to the James River and how much of the land drains to the south to Johnson Creek. Condition 3.B. of Case 08SNOll1 required the developer to follow the approved drainage break plan entitled "Meadowville Stormwater Management BMP-MP Post Developed Hydraulic Analysis." The applicant is requesting to modify Condition 3.B. to allow drainage breaks to be determined during the site plan approval provided the development plan would not expand the Johnson Creek Watershed to a size greater than what is shown on the approved drainage plan for the area. Staff has approved the drainage area divide for these parcels and finds the proposed proffered condition suitable. (Proffered Condition 3) Due to the downstream flooding of Route 10, Proffered Condition 3.A of Case 08SNOll 1 requires that the developer retain the post- development 2, 10, and 100-year storm event and release at the pre-development 2, 10, and 100-year storm event for any portion of the property that drains to the south into Johnson Creek. The subject property is wooded and, as such, should not be timbered without obtaining a land disturbance pernut from the Department of Environmental Engineering. This will ensure that the adequate erosion control measures are in place prior to any land disturbance. (Proffered Condition 7) 8 12SN0227-2014N0~-19-BOS-RPT 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, an element 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 400 dwelling units, this request will generate approximately ninety (90) calls for fire and emergency medical service (EMS) each year. The applicant has not offered measures to offset the impact of this development on fire facilities due to the reduced cash proffers. The River Bend Fire Station, Company Number 18, currently provides 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. 9 12SN0227-2014N0~-19-BOS-RPT Residential Yield: 400 Student Yield FY-om Functional r' Membership, No. of School Name Residential Capacity, I i , 9-30-13 Trailers '~'~ De~relopment 2013-14 ~ ~ ~ ~ 'I ~•~~ mentan': Enon 84 494 569 ddle: E}izabethDavis 46 1,189 1,284 2 ;h: Thomas Dale 61 2,271 2,824 e~~„:i al 191 Pro jected Member ship and Capacitti~ Trends Over'I7me '~'~'~ f r~~~ected ~ PITT ~e cted ~rTl ~e ctcd School Namr Mcmhrr~hi~i, Mcmhrrshi~i, Mcmhrr~hi~i, 9-311-1 ~ 9-311-15 9-311-211 mentan': Enon 502 522 533 ddle: E}izabethDavis 1,213 ~a 1,244 '~ a 1,331 ll^ ;h: Thomas Dale 2,220 "'19° a 2,180 "'1"'1° a 2,199 NOTE: * The Student Yield is based on the FY2014 Cash Proffer Methodology as provided bv_ the Chesterfield County Finance Department NOTE: '~'~ If a schoolis less than 90% of capacity and has tl-ailers, those tl-ailers are not identified in the staffreport. Membership is based onmembership as of09-30-13. Capacit<• is based. on the 2013-14 Space Utiliz~ltion Studx. '~'~'~ DISCLAIlVIER: Please mote that Pt°ojeeted ~Ienzbership A~'D Fzrrrctiorral Capaciij~ at°e zrpdated orr m~ A~~?1"L'AL BASIS acrd at°e based orr the September 30 nzenzbership for a given year acrd the Space Z,~tilizatiorr Stzrdy Repot°t which is corrdzrcted every year°. The Space titilizatiorr Stzrdy is a r°epor°t that is corrdzrcted anrrzrally wher°eby Plnrrrrbrg staff corrdzrcts a site visit of every school br the cozrrrt~~ acrd the Pr°brcipal r°evie~~s his or her floor plan acrd identifies the zrse of every classy°oonz. Fr°onz that brf'ornzation a r°epor°t is pr°epar°ed that calczrlates the Fzrnctional Capaciij~ of that school. The school system needs to know how each of their°facilities is zrtihzed f'or°f'rrndbrg and space allocation pzaposes. Agabr, it is inzpor°tant to note that these nzmzbers change every year. After review of this request, the proposed development will have a substantial impact on schools, especially at the elementary level. The elementary school students generated by the proposal will put the enrollment at Enon Elementary School over capacity. Over time this case, combined with other tentative residential developments, infill developments and other zoning cases in the area, will continue to push these schools to capacity. Therefore, the aforementioned units should 10 12SN0227-2014N0~-19-BOS-RPT continue to be subject to full cash proffers, to mitigate the impact that this development would have on schools. In addition, a discussion of the case's unique nature and impact on capital facilities is also detailed in the Fiscal Impacts on Capital Facilities section of the staff report. Libraries: The proposed development will impact the Enon Library. The Public Facilities Plan identifies a need for additional library space in the Enon Library service area. The applicant has not offered measures to fully offset the impact of this development on library facilities. Parks and Recreation: The Public Facilities Plan identifies the need for three (3) regional, seven (7) community and twenty-nine (29) neighborhood parks by 2020. In addition, there is currently a shortage of community and neighborhood park acreage in the county. The Public Facilities Plan identifies a need for 354 acres of regional park space, 252 acres of community park space and 199 acres of neighborhood park space by 2020. The Plan also identifies the need for linear parks and resource based-special purpose parks (historical, cultural and environmental) and makes suggestions for their locations. The Plan addresses the need for addition of recreational facilities to include sports fields, trails, playgrounds, court games, senior centers and picnicking arealshelters at existing parks to complete build-out. In addition, the Plan identifies the need for water access and trails along the James and Appomattox Rivers and their major tributaries, Swift and Falling Creeks. The applicant has not offered measures to address the impacts of this development on parks and recreation facilities. County Department of Transportation: The applicant is requesting to amend Case 08SNOll1 to eliminate or modify several proffered conditions. The Transportation Department offers no objection to the requested amendments regarding access and transportation improvements to North Enon Church Road. However, the Transportation Department cannot support this request because the applicant has not addressed the traffic impact of the development per the Board of Supervisors' Cash Proffer Policy. In January 2008, the Board of Supervisors approved a rezoning request (Case 08SNOll 1) for development of a mixed-use project. With that zoning approval, the Board accepted proffered conditions relative to transportation that, among other things, required a seventy (70) foot wide right-of--way dedication and constriction of two (2) lanes for a new Meadowville Road through the property, pernutted no direct vehicular access to North Enon Church Road, and provided cash contributions in accordance with the Board of Supervisors' Cash Proffer Policy to address the traffic impact of the development. North Enon Church Road is identified as a collector on the County's Thoroughfare Plan. The applicant is requesting to delete Proffered Condition 4.C.ii of Case 08SNOll 1 which 11 12SN0227-2014N0~-19-BOS-RPT precludes direct vehicular access to North Enon Church Road. By deleting this proffer, development of the property could include access to North Enon Church Road. The applicant is also requesting to amend Proffered Condition 4.B.iii. of Case 08SNOll1, which would require that with any direct access to North Enon Church Road, the road would be widen/improved to a total travel way width of eleven (ll) feet measured from the centerline 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 1.5 inches of asphalt concrete for the entire property frontage. (Proffered Condition 5) With Case 08SNOll1, to address recommendations by the Economic Development Department, the applicant proffered a condition to dedicate and constrict a public road ("New Meadowville Road") through the property (Proffered Condition 4D of Case 08SNOll1). The applicant is now requesting to delete that proffer, and will primarily utilize existing Meadowville Road and North Enon Church Road as depicted on the proposed revised master plan. In addition, the applicant is requesting to amend Condition 4.C.i to increase direct vehicular access from the Property to Meadowville Road from two (2) entrances/exits to three (3) entrances/exits. (Proffered Condition 6) As part of this request, the applicant is seeking to modify the preamble statement to Proffered Condition 4.B. of Case 08SNOll1 to clarify the timing of the road improvements (Proffered Condition 4). A phasing plan for the road improvements required for the development will be submitted at the time of site plan review for Transportation Department review and approval. (Condition 4.E. of Case 08SNOll 1) The traffic impact of this development must be addressed. Some roads in this area need to be improved to address safety and accommodate the increase in traffic generated by the residential part of this proposed development. With this amendment, the applicant is requesting to amend Proffered Condition 6 of Case 08SNOll1 concerning the contribution of cash proffers to mitigate the impact of the residential part of this proposed development. As development continues in this part of the county, traffic volumes on area roads will substantially increase. Cash proffers alone will not cover the cost of the improvements needed to accommodate the traffic increases. The applicant has failed to adequately mitigate the traffic impact of the residential part of this request in accordance with Board of Supervisors' Cash Proffer Policy. As stated above, the Transportation Department cannot support this request. Virginia Department of Transportation (VDOT): Whereas an eleven (ll) foot lane is proposed from the centerline (on the project side of the road) with a one (1) foot paved shoulder, plus an additional seven (7) foot unpaved shoulder is an improvement over the existing condition, VDOT notes that traffic in excess of 2,000 vehicles per day is expected to use the road in the future. In addition, a higher proportion of thick and larger vehicles are expected to use the road given the increase in both residential and commercial usage anticipated. For collector roads, or higher classified roads, a twelve (12) foot lane is a VDOT standard according to the VDOT Road Design Manual. Alsq the front ditch slopes adjacent to the shoulder are to be no steeper than four (4) to one (1) at the expected design speed. 12 12SN0227-2014N0~-19-BOS-RPT Fiscal Impacts on Capital Facilities: Per Dwelling Unit Potential Number of New Dwelling Units 400 * 1.00 Population Increase 1112.00 2.78 Number of New Students Elementary 83.83 0.21 Middle 44.90 0.11 High 60.75 0.15 Total 189.48 0.47 Net Cost For Schools $ 3,750,400 $ 9,376 Net Cost for Parks $ 530,800 $ 1,327 Net Cost for Libraries $ 136,000 $ 340 Net Cost For Fire Stations $ 314,400 $ 786 Average Net Cost Roads $ 3,772,800 $ 9,432 Total Net Cost $ 8,504,400 $ 21,261 *Based on a maximum yield of 400 units as proffered in Condition 7 of Case 08SNOll 1. 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 Adopted Capital Improvement Program and further detailed by specific departments in the applicable sections of this request analysis. As noted, 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 $21,261 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 original case (08SNOll 1) was approved in 2008 with cash proffers in the amount of $15,600 (adjusted upward by the Marshall and Swift Building Cost Index, amount is currently $20,730) for schools, libraries, parks, fire stations and roads for those units constricted with more than two bedrooms. For dwelling units built with two or fewer bedrooms, a cash proffer was accepted at $10,269 (adjusted upward by the Marshall and Swift Building Cost Index, amount is currently $13,646), which does not include the schools portion. The Cash Proffer Policy allows the County to assess the impact of development proposals on capital facilities while recognizing unique circumstances. The County has a long history of approving cases, uniquely positioned, with varying levels of cash proffer payment amounts relative to the Board of Supervisor's maximum per dwelling unit cash proffer. In fact, since inception of the program, of all the cases with cash proffers approved by the Board, nearly 27 percent of them, representing nearly 34 percent of the total lots approved, were approved with a cash proffer amount less than the established maximum in place at the time of approval. 13 12SN0227-2014N0~-19-BOS-RPT Staff has carefully reviewed the specifics of this case, noting the Board's recent emphasis to make an independent assessment of rezoning requests, while evaluating cases on their own merits. The subject property is located adjacent to the County's and Virginia's, for that matter, premier economic development mega-site. Owned by the County's Economic Development Authority, Meadowville Technology Park has long been in the making. Through the County's successful completion of the strategic interchange that improved interstate access to the site, the technology park has expanded to become home to Fortune 500 companies including Northnip Gnlmman Corporation, Amazon.com and other technology firms. The County's investment in the park was critical to creating such a rare, high quality regionally oriented employment center with international drawing power. The location of the subject property adjacent to Meadowville Technology Park demands the highest level of attention to detail and quality for neighboring projects. Accordingly, the applicant has proposed a prof ect unique in a variety of ways. The applicant has indicated that the level of quality proposed is such that the values for these multifamily units would command real estate values up to 35 percent higher than the county's average values for similar units constricted over the last decade. The proposed project proffers, via a textual statement, traditional mixed use development design with a mix of residential and non-residential uses within blocks and/or within a building, though the vertical integration of mixed uses within the same building would not be required by the proffered textual statement. The development shall have similar architectural styles similar to Festival Park @ Chester Village Green, West Broad Village and New Town, all of which must be approved by an architectural review committee. The textual statement also includes quality building materials, including building facades of brick or stone materials and excluding vinyl. Building facades shall have pedestrian scale design features, and sidewallcs shall be installed on both sides of all streets, terminating on Meadowville Road and/or Enon Church Road to promote ease of pedestrian traffic from adjacent residential uses. The applicant has requested to amend proffered condition 6 of case 08SNOll1. The revised condition would provide a cash proffer in the amount of $11,573 for units with more than two bedrooms, $9,073 of which would be dedicated to schools, $2,403 would go to roads, and $97 would go to libraries. For units with two or less bedrooms, cash in the amount of $2,403 would go to roads and $97 would go to libraries. As noted above, the Board has approved cases with reductions in the cash proffer based on number of bedrooms. While the cash proffer proposed by the applicant is further reduced beyond the school component, staff believes this case is extremely unique given all the specifics of the proposal, particularly as it relates to a site extremely critical to the county's economic development objectives. Staff would advise the cash proffer for libraries and roads rather be divided pro-rata between all the four remaining capital facility categories. While the amounts proffered are less than the Board's maximum cash proffer, staff believes the case as proffered is unique and that the Board should recognize the mentioned specifics when weighing all of the facts associated with this case. The list below summarizes the unique circumstances associated with this case. 14 12SN0227-2014N0~-19-BOS-RPT • Architectural standards requiring the style to be similar to developments such as Festival Park at Chester Village Green, West Broad Village and New Town (Williamsburg, Virginia). Standards include 75 percent of building facade consisting of brick or stone and 25 percent of building facade consisting of brick, stone, cementitious board, drivet, stucco and synthetic stucco. • Proximity and integration to the county's premier economic development mega-site and surrounding neighborhoods • Anticipated quality levels resulting in values 35 percent higher than the County's average assessed values for multi-family products. • Mixed use design with a mix of residential and non-residential uses within blocks and/or within a building • Pedestrian elements including wallts and amenities such as landscaped areas, plazas, pedestrian-scaled lighting and water features • Limitation of the number of bedrooms and of the number of units having three bedrooms • Clubhouse and pool facility • Focal points for civic, religious and/or institutional uses that could include parks, public schools and gathering areas Note that circumstances relevant to this case, as presented by the applicant, have been reviewed, and it has been determined that while it is appropriate to accept the maximum cash proffer in this case staff recommends that the Board give careful consideration to the uniqueness of this request when malting its decision. 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. ECONOMIC DEVELOPMENT Economic Development supports the development of the Twin Rivers Town Center with the following key points: • A mixed use development which contains appropriate commercial and retail space. • A "Main Street" design that presents the character of a "Town Center". • Apartments that are of the quality and design that complement the Meadowville Technology Park and the adjoining residential community. The development of a "Town Center" as described above would be an asset to the Park for both new and existing businesses as well as the surrounding community. Having commercial and 1 ~ 12SN0227-2014N0~-19-BOS-RPT retail services within a convenient wallcing distance (i.e. restaurants, medical, laundry, personal care, retail shops, etc.) would strengthen the Park and provide an opportunity to the developer. LAND USE Comprehensive Plan: The Comprehensive Plan identifies the property as being appropriate for Community Mixed Use. The Plan suggests appropriate uses include an integrated mixture of concentrated commercial and higher density residential uses with public spaces. The Plan suggests the majority of uses within these developments should be commercial and office uses with residential uses developed in conjunction with commercial uses. Relative to design of Community Mixed Use areas, the Plan suggests flexibility in typical zoning standards to encourage innovative and creative design and higher quality developments. The Plan suggests Urban or Traditional Neighborhood design standards, such as a grid of frequently interconnected roads and alleys, sidewallcs, public spaces, on- street parking and pedestrian scale streetscape and streetlight design should be employed to ensure integration of uses. The Plan suggests appropriate commercial uses are those that serve community wide trade areas generally attracting customers living or working within an approximate radius of ten (10) miles such as grocery and department stores, home centers, limited repair services and other goods and services that are purchased on a less frequent basis than within convenience or neighborhood business areas. The Plan suggests that the higher density residential uses should be developed at, or exceeding, eight (8) to twelve (12) dwelling units per acre, but that residential uses should not be the predominate use. Area Development Trends: The property is located at the northeastern edge of the Meadowville Technology Park. Properties north of Meadowville Road are zoned Residential (R-12) and are occupied by single-family residential use within the Meadowville Landing subdivision. Properties to the east of North Enon Church Road are zoned Residential (R-12) and Agricultural (A) and are currently vacant. Properties to the south and west are zoned General Industrial (I- 2) and are occupied by industrial use (within the Meadowville Technology Park) or are vacant. It is anticipated that industrial uses will continue to develop on properties to the south and west, with residential to the north and east, as recommended by the Plan. The Plan suggests alternative land uses to those shown on the Land Use Plan (such as Community Mixed Uses) that capitalize upon their proximity to the James River may be appropriate on properties to the north and east. Zoning HistorX: On January 9, 2008 the Board of Supervisors, upon a favorable recommendation from the Commission and staff, approved rezoning of the request property from General Industrial (I-2) to General Business (C-5) with conditional use to permit multifanuly uses plus conditional use planned development to permit exceptions to ordinance requirements 1Ei 12SN0227-2014N0~%19-BOS-RPT (Case 08SNOll 1). A traditional development with a mix of residential and commercial uses incorporating sidewalks, tree-lined streets and open spaces was approved. Approximately twenty-five (25) acres (known as Tracts A - I of Case 08SNOll 1) located along the periphery of the development (adjacent to Meadowville and Enon Church Roads) were limited to Community Business (C-3) District uses and outdoor recreational uses for community events. Integrated residential uses, linuted to a maximum of 400 units, and commercial uses were permitted on the remainder of the property (identified as Tract K of Case 08SNOll 1) located in the center of the development. Within this mixed use tract, a maximum of two (2) buildings could contain all residential uses. Conditions of approval also addressed architectural treatment, building heights, setbacks, buffers, landscaping, parking and prohibited uses. Current Proposal: A traditional mixed use development including commercial, office and higher density residential uses with sidewallcs, tree-lined streets, open spaces, buildings closer to streets, and on-street parking is still offered on the request property. While this proposal includes many of the same development standards approved with Case 08SNOll1, a revised textual statement and conceptual development plan are proposed. A comparison of the current proposal and existing zoning are discussed in detail below. Site Design: Should this request be approved, the Textual Statement, last revised September 3, 2013, and the revised conceptual plan, dated May 29, 2013 would become the Master Plan for the development, replacing the Textual Statement and Master Plans approved with Case 08SNOll 1. (Proffered Condition 2) A summary of the key components of the existing and proposed Master Plans is provided herein below. The major difference between these Plans is that the existing Master Plan contains tracts that only permit commercial uses while the proposed plan contains mixed use tracts and/or an all-residential tract. The proposed plan also introduces a "Main Street" concept. Current Master Plan -Case 08SNOll 1: • Commercial -Nine (9) tracts (Tracts A - I) located along the periphery of the project adjacent to Meadowville and Enon Church Roads are restricted to commercial uses only • Mixed Use -One (1) tract (Tract K) located centrally within the development permits residential, office and commercial uses. o A maximum of two (2) buildings could contain all residential uses. 17 12SN0227-2014N0~-19-BOS-RPT o Other buildings must have commercial and/or office uses on the first floor, except for twenty-five (25) percent of the first floor of the mixed use buildings could be occupied by residential use. Proposed Master Plan: • Mixed Use - Tract I -located along the periphery of the development (adjacent to Meadowville and North Enon Church Roads) would permit a mix of commercial, office and residential uses and includes an area designated as "Main Street." o All buildings could contain a mix of commercial and residential uses. o All buildings must have commercial and/or office uses on the first floor, except that twenty-five (25) percent of the first floor could be occupied by residential uses. o Buildings fronting "Main Street" would be permitted to contain one (1) residential unit on the first floor to meet ADA (Americans with Disabilities Act) requirements. • Residential or Mixed Use -Tract II -located in the southwestern portion of the property would permit all residential uses or a mixture of commercial, office and residential uses subject to limitations identified for Tract I o There is no limitation on the number of buildings that may contain all residential uses, including the first floor. As with Case 08SNOll1, tract boundaries and sizes may be modified in the current proposal so long as their relationship with each other and any adjacent properties is maintained. Any mixing of residential and non-residential uses within a tract will require the submittal of a Mixed Use Plan for approval by either the Planning Department or the Planning Commission to ensure appropriate land use transitions and compatibility both within the tract and with surrounding properties. (Proposed Textual Statement, Item LB and C) Development Standards: Unless specifically regulated by the proposed Textual Statement, the development of all tracts must comply with the requirements of the Zoning Ordinance for General Business (C-5) uses in an Emerging Growth District Area. These standards are designed to promote high quality, well-designed projects and address access, parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities, and screening of dumpsters and parking areas. Many of the same exceptions to these standards granted in Case 08SNOll 1 18 12SN0227-2014N0~-19-BOS-RPT are requested with the current proposal to allow the planned traditional mixed use development. Density: No change is proposed in the maximum residential density of 400 dwelling units. (Condition 7 of Case 08SNOll 1) Uses: Both the existing and proposed zoning would permit uses within the Community Business (C-3) and Residential Multifamily (R-MF) Districts, commercial outdoor recreational establishments for outdoor entertainment such as for community events, and live-work units. Both cases also restrict uses considered to be too intense for the traditional village development. (Textual Statement Items II.G and III) The proposal lists additional uses that may be developed in locations that serve as focal points (Textual Statement Item III.7). Potential uses include, although not exclusively, municipal offices, fire stations and public schools. It is important to note that Substantial Accord Determination would be necessary prior to the location of any public facilities within the development. As previously noted, the existing zoning limits the number of buildings that can contain all residential units to two (2) buildings and pernuts residential units on a maximum of three (3) floors within mixed use buildings. The proposal has no limit on the number of buildings that can contain all residential uses or the number of residential floors. The proposal would prohibit any residential units with more than three (3) bedrooms and limits the number of units permitted to have three (3) bedrooms to a maximum of forty (40) units. (Textual Statement Item IV.B.4) Mixed Use Guarantee and Phasing: The Plan suggests that residential use should not be the predominate use within Community Mixed Use Areas. Conditions of the existing zoning (Case 08SNOll 1) limit certain tracks to be solely for commercial use and require most of the residential uses to be located within mixed use buildings so as to guarantee an appropriate mix of uses. The proposal removes the requirement for commercial-only tracts and the restriction on the number of buildings and floors occupied by residential use. To guarantee a mix of uses, the proposal would permit a maximum of 200 dwelling units within Tract II until a final inspection is approved for at least 30,000 square feet of non-residential uses fronting "Main Street" in Tract I. This condition would ensure that the building space for non- residential uses is available, not that the spaces are occupied. Dwelling units located within these buildings could be permitted and occupied simultaneously. Once this non- residential requirement is satisfied, the remainder of the 400 dwelling units could be constricted. (Textual Statement Item V) 19 12SN0227-2014N0~-19-BOS-RPT Architectural Treatment: A variety of architectural treatments and building design features is necessary in creating neo-traditional/urban village developments as is proposed with this request. The proposal would require architectural treatment of buildings to use a mixtLire of design features. (Textual Statement II.C2) The existing zoning requires the development to have a similar architectural style as Chester Village Green. The Chester Village Green development has a unique architectural design theme which provides continuity, an urban village identity and cohesiveness in building design and materials. No building exteriors (whether front, side or rear) consist of architectural materials inferior in quality, appearance or detail to any other exterior of the same building. Buildings possess architectural variety and harmonious proportions, and avoid monotonous facades or large bullcy masses. Design elements such as balconies and/or terraces, articulation of doors and windows, sculptural or textural relief of facades, architectural ornamentation, varied roof lines and other appurtenances such as lighting fixtures provide an overall cohesive village character. The architectural treatment offered with the current proposal is similar to the existing zoning. However, with the current proposal, conditions are offered to specify certain architectural elements discussed below: The current proposal also offers that the development would have an architectural style similar to Chester Village Green, as required in the existing zoning, and adds West Broad Village (a 115 acre mixed use development in Henrico County) and New Town (a 365 acre mixed use development in Williamsburg) as developments from which similar architectural styles may be used to design the proposed development (Exhibit B and Textual Statement II.C.2). West Broad Village and New Town contain a variety of architectural styles that incorporate similar architectural design principals to buildings found in Chester Village Green. While the condition does not identify the specific architectural or design features used to ensure a similar architectural style as these other developments or to give the village appearance of several small buildings clustered together, Exhibit B is offered as an example of those architectural styles (Textual Statement II.C2). A determination regarding architectural compatibility and appropriate building design elements will be negotiated during plans review. The existing zoning requires submittal of architectural designs to the Economic Development Authority (EDA), but does not require the EDA's approval. With the proposal, an architectural review committee (ARC), consisting of three (3) members -the developer's appointee, the Economic Development Authority's (EDA's) appointee, and a licensed architect -will be established and tasked with approving architectural designs prior to site plan approval (Textual Statement II.C.2) The above referenced developments, to which the proposed development will be architecturally compatible, have predominately masonry (brick and/or stone) building facades; therefore, it is anticipated that the proposed development will 20 12SN0227-2014N0~-19-BOS-RPT continue to incorporate predominately masonry facades. The proposal specifies that seventy-five (75) percent of each building facade (front, sides and rear) will be brick or stone materials (Textual Statement ILC.3). The condition identifies materials that would be permitted on the remaining twenty-five (25) percent of building facades. The ARC must approve the use of any other products to be used on the remaining twenty-five (25) percent of building facades. (Textual Statement ILC.3) Minimum roof materials would be a thirty (30) year dimensional shingle or better, except for flat roofs. (Textual Statement Item II.C.4) The existing limitation on building heights of three (3) stories along Meadowville and North Enon Church Roads has been deleted. The proposal would permit all buildings at a maximum height of six (6) stories. (Textual Statement Item II.C.1) Storefronts: Staff would prefer non-residential uses on the first floor of buildings along and at the main entrance to provide a positive first impression upon entering the development from the Meadowville Technology Park. As proposed, buildings containing all residential uses would be perntted along both sides of the road in Tract II at this gateway; therefore, staff accepted a compromise such that buildings fronting Twin Rivers Drive (as shown on the Master Plan) would have first floor storefront type windows similar to those shown on Exhibit A. (Textual Statement Item IV.B.3) Parlcm~: The proposal seeks the same provisions for on-street parking and parking for residential uses within non-residential tracts as proposed with the existing zoning (Textual Statement ILA). These standards are consistent with those applied to Village Districts and would be appropriate in this traditional neighborhood design. The existing zoning provides for the location of parking areas such that buildings provide a barrier between these areas and Meadowville and North Enon Church Roads to minimize the views of parking areas from both roads. The proposal would permit parking between buildings and these roads. The parking areas proposed along Main Street and Twin Rivers Drive would be linuted to a single row of parking spaces on both sides of drive aisles to avoid large expanses of parking. Along Main Street and Twin Rivers Drive, traffic lanes would be separated by landscaped pedestrian areas to facilitate pedestrian traffic along and across these proposed roads and parking aisles, unless modified during plans review. (Proposed Textual Statement ILA.6) Street Trees: Both the existing and proposed zoning would require street trees along both sides of all public and private streets that provide general circulation throughout the development and one side of Meadowville Road. The proposal would require street trees along North 21 12SN0227-2014N0~-19-BOS-RPT Enon Church Road if direct vehicular access is provided to the road. (Proposed Textual Statement ILA.B) Pedestrian Design/Sidewallcs: The Plan encourages new developments to incorporate quality design standards for pedestrian ways that create unique and viable places. Useable public spaces with pedestrian scale streetscape and streetlight design are critical to the design of traditional neighborhood developments to ensure integration of uses. The proposal provides standards for pedestrian areas to add high visual interest, such as decorative paving units, decorative pedestrian- stylelighting, landscaped areas, water features and benches. These standards are designed to ensure a high quality traditional neighborhood design with integrated uses. (TextLial Statement II.H.1) The existing and proposed zoning require sidewallcs on both sides of all public and private streets that provide general circulation through the development (Textual Statement II.H2). It is important for sidewalks to be wide enough to accommodate outside activities, such as outdoor dining, while maintaining adequate pedestrian flow. The proposal would require sidewalks along Main Street to be wide enough to provide a six (6) foot wallcing aisle (sidewallc), exclusive of pedestrian design elements and spaces for outdoor sales and dining. (TextLial Statement II.H.3) A deternunation regarding the exact design of pedestrian areas and sidewalks will be negotiated during plans review. Focal Points: Focal points are intended to create gathering spaces of interest for surrounding areas and offer inviting pedestrian-oriented areas. As proposed, focal points would be provided in both development tracts (Textual Statement Item III.7 and IV.B.S). Staff typically seeks a minimum of 0.75 acres of open space to serve as focal points. No minimum area has been defined with the proposal; however the proposal provides for two (2) focal points in both development Tracts. Within Tract II, the club house and pool facility would be built with the first phase of development to serve as one of the focal points within that Tract. Buffers and Setbacks: To accommodate flexibility in the proposed traditional neighborhood design with buildings closer to streets, the existing and proposed zoning do not require setbacks from streets, driveways and parking areas, except along Meadowville and North Enon Church Roads (Textual Statement ILD). In addition, no buffers are required between uses, between the development and adjacent properties or along Meadowville and North Enon Church Roads. (Textual Statement Item ILE.1) Proposed Access to North Enon Church Road: The existing zoning restricts direct vehicular access from the property to North Enon Church Road. With the proposal, vehicular access to North Enon Church Road would be 22 12SN0227-2014N0~-19-BOS-RPT permitted and the existing fifty (50) foot landscaped setback requirement along North Enon Church Road would be deleted. As a development gateway, the proposal would permit a reduction in the setback with supplemental landscaping and fencing along North Enon Church. (Textual Statement Item II.E) Restrictive Covenants: Both the existing and proposed zoning require the recordation of a restrictive covenant to advise future occupants the project is adjacent to the Meadowville Technology Park and industrial uses. (Textual Statement Item ILF) CONCLUSION The development of a town center that contains integrated, high quality commercial and residential uses with convenient, well-planned pedestrian access would complement the Meadowville Technology Park and surrounding community. While the amounts proffered are less than the Board's maximum cash proffer, staff recommends that the Board give careful consideration to the uniqueness of this request, particularly as it relates to a site extremely critical to the County's economic development objectives, when making its decision. This proposal seeks flexibility in typical zoning standards to support the planned traditional neighborhood development. The Plan suggests that quality public places including sidewallcs, pedestrian scale streetscape and streetlight design should be addressed, along with other design standards. The proposal provides standards for pedestrian areas with high visual interest designed to ensure a high quality traditional neighborhood design with integrated uses. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (7/17/12): The Commission on their own motion and with the applicant's consent, deferred this case to their September 18, 2012 public hearing. Staff (7/18/12): 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. 23 12SN0227-2014N0~-19-BOS-RPT Applicant (8/31/12 and 9/18/12): Revised proffered conditions and textual statement were submitted. Planning Commission Meeting (9/18/12): On their own motion, the Commission deferred this case to their December 10, 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 October 1, 2012 for consideration at the Commission's December 10, 2012 public hearing. Staff (12/4/12): To date, no new information has been received. Planning Commission Meeting (12/10/12): The Commission on their own motion and with the applicant's consent deferred this case to their March 19, 2013 public hearing. 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. Staff (3/4/13): To date, no new 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. 24 12SN0227-2014N0~-19-BOS-RPT 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 (5/2/13): 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. Applicant (5/29, 6/7, 6/17, 7/9 and 7/10/13): Revisions to the proffered conditions, Textual Statement and Master Plan were submitted. Planning Commission Meeting (7/16/13): On their own motion and with the applicant's consent, the Commission deferred this case to their August 20, 2013 public hearing. 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 August 20, 2013 public hearing. Applicant (7/16, 7/23, 8/1 & 8/12/13): Revisions to proffered conditions, Textual Statement and an exhibit were provided. 2~ 12SN0227-2014N0~-19-BOS-RPT Applicant (8/19/13): Revisions to proffered conditions, Textual Statement and an exhibit were provided. Planning Commission Meeting (8/20/13): On their own motion and with the applicant's consent, the Commission deferred this case to their September 17, 2013 public hearing. Staff (8/21/13): The applicant was advised in writing that any significant, new or revised information should be submitted no later than August 26, 2013 for consideration at the Commission's September 17, 2013 public hearing. Applicant (8/26/13): The application was amended to modify the request to reduce rather than delete the cash proffer. In addition, an additional proffered condition and modifications to the Textual Statement were submitted. Applicant (9/3/13): Modifications to the proffered conditions and Texnial Statement and an additional exhibit were submitted. 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 (9/17/13): 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. 2Ei 12SN0227-2014N0~%19-BOS-RPT Applicant (10/2/13): Proffered condition 8 relative to cash proffer payments was amended. Planning Commission Meeting (11/19/13): The applicant's representative accepted the recommendation. There was support expressed for an urban mixed use development and relief to the cash proffer policy for unique developments that include a mix of commercial uses. No one spoke in opposition to the request. Mr. Patton stated the proposal is an integral part of the overall Meadowville Technology Park development; Economic Development is satisfied with the quality offered; consideration is warranted for the private investment planned; the benefits of a mixed use product to compliment the Park; and the increased tax revenue for the commercial component. In response to questions from Mr. Waller, Economic Development noted the development will provide the retail and service amenities corporate management seeks when locating companies. Mr. Waller stated consideration should be given to road impacts relative to the cash proffer reduction and that the Plan promotes improvements to key interchanges serving economic development. In response to questions from Mr. Waller, the Budget & Management Department explained the average value of multifamily units used for their comparison and that Budget evaluated cash proffers offered by the applicants in conjunction with all elements of the case. Mr. Gulley explained his concern relative to the road portion of the cash proffer not being offered. Dr. Wallin added that he had not heard quantifiable evidence to ensure the proposal was fair to all parties. Dr. Brown stated that he felt establishing a dollar value for architectural upgrades and what elements add architectural quality is subjective. He offered an evaluation on the anticipated annual tax revenue for the dwelling units and noted the commercial component will also offer tax revenue for capital improvement needs. Mr. Patton stated he felt this case should be considered for its long term benefit to the County. On a motion of Mr. Patton, seconded by Mr. Waller, the Commission recommended approval of this case and acceptance of the proffered conditions on pages 2 through 5. AYES: Messrs. Brown, Patton and Waller. NAYS: Messrs. Wallin and Gulley. 27 12SN0227-2014N0~-19-BOS-RPT Board of Supervisors Meeting (12/11/13): On their own motion and with the applicant's consent, the Board deferred this case to their Febniary 26, 2014 public hearing. Staff (12/14/13): The applicant was advised in writing that any new or revised information should be submitted no later than December 16, 2013 for consideration at the Board's February 26, 2014 meeting. Staff (1/28/14): To date, no new or revised information has been received. Staff (2/26/14): The purpose of the addendum was to provide the Textual Statement and Exhibit C which were omitted from the staff report. Board of Supervisors Meeting (2/26/14): On their own motion and with the applicant's consent, the Board deferred this case to their May 28, 2014 public hearing. Staff (2/27/14): The applicant was advised in writing that any significant, new or revised information should be submitted no later than March 3, 2014 for consideration at the Board's April 23, 2014 public hearing. Staff (4/25/14): Updated comments were received from Schools. No new or revised information has been received from the applicant. 28 12SN0227-2014N0~-19-BOS-RPT Board of Supervisors Meeting (5/28/14): On their own motion and with the applicant's consent, the Board deferred this case to their July 23, 2014 public hearing. Staff (5/29/14): The applicant was advised in writing that any significant, new or revised information should be submitted no later than June 2, 2014 for consideration at the Board's July 23, 2014 public hearing. Staff (6/23/14): To date, no new information has been submitted. Board of Supervisors' Meeting (7/23/14): On their own motion, the Board deferred this case to their October 22, 2014 public hearing. Staff (7/24/14): The applicant was advised in writing that any significant, new or revised information should be submitted no later than August 18, 2014 for consideration at the Board's October 22, 2014 public hearing. Staff (9/23/14): To date, no new information has been submitted. Applicant (10/15/14) A revision to Proffered Condition 8 was submitted. Board of Supervisors' Meeting (10/22/14): On their own motion, the Board deferred this case to their November 19, 2014 public hearing. 29 12SN0227-2014N0~-19-BOS-RPT Staff (10/23//14): The applicant was advised in writing that any significant, new or revised information should be submitted no later than October 27, 2014 for consideration at the Board's November 19, 2014 public hearing. The Board of Supervisors, on Wednesday, November 19, 2014, beginning at 6:30 p.m., will take under consideration this request. 30 12SN0227-2014N0~-19-BOS-RPT TWIN RIVERS, LLC TEXTUAL STATEMENT Revised: September 3, 2013 Re: Zoning Application Twin Rivers, LLC for an amendment to previous zoning case 08SNOll 1 on Chesterfield County Tax ID's 823-659-3856, 6573 and 9483; and 824-659-2386, 5689 and 8890 as set forth hereinbelow. L General Conditions. (A) The development shall have a traditional mixed use development design with a mix of residential and non-residential uses within blocks and/or within a building. Buildings will be located close to the sidewalks and other buildings, the streets lined with trees and sidewallcs, on- street parking, and open spaces. (B) The Property shall be developed as generally depicted on the attached Master Plan, entitled "Meadowville Town Center" dated May 29, 2013, prepared by Timmons Kelly Architects, and as provided in the accompanying proffers and as set forth herein below. The tracts shall be located in the area as generally depicted on the Master Plan, but their location and size, including further divisions into sub-tracts, may be modified through the site plan process, so long as the parcels generally maintain their relationship with each other and any adjacent properties. Such Plan shall be subject to appeal in accordance with the provisions of the Zoning Ordinance for Site Plan appeals. (C) The mixing of residential and non-residential uses within a tract may be permitted if a Mixed Use Plan is submitted for review and approval by the Planning Department or the Planning Commission at the election of the developer. Such review will be subject to appeal in accordance with the provision of the Zoning Ordinance for site plan appeals. The Mixed Use Plan shall address the land use transitions and compatibility between the different uses within a tract and adjacent properties. Land use compatibility and transitions may include, but not necessarily limited tq the exact locations of uses, buffers and site design. IL General Requirements and Exceptions. (A) Parlcin~. 1. If on-street parking is permitted, those spaces shall be counted towards the required number of parking spaces for all uses. 2. The Applicant shall provide parking for residential uses based on 2 spaces per dwelling unit. 3. Commercial or office uses shall provide parking based on 4.4 spaces/1,000 gross floor area. 4. Parking may be further reduced based on Zoning Ordinance Section 19-512. 5. Parking shall not be required on each parcel or site where the use is located, but rather may be provided off-site but must be in the town center project, including on-street parking, subject to approval at the time of plans review, which may include requirements for easements. 6. Parking areas along Main Street and Twin Rivers Drive shall be limited to a single row of parallel or pull in parking spaces on both sides of each drive aisle; traffic directions shall be separated by a landscaped pedestrian plaza, unless modified during site plan review. If modified, the design shall not pernut large expanses of parking areas and shall encourage pedestrian traffic. (B) Street Trees. Street trees shall be planted along both sides of all public and private streets that provide general circulation throughout the development, including but not limited to one (1) side of Meadowville Road. Street trees shall only be required along North Enon Church Road if direct vehicular access is provided to North Enon Church Road.. (C) Architectural Standards. 1. The maximum height for all buildings shall be (6) stories. This height limit shall not restrict the use of a roof of a six (6) story building for features such as, but not linuted to, decks, patios, or gardens. The maximum height of accessory buildings and strictures within all Tracts shall be one-half (1/2) the height of the principal building. 2. The development shall have similar architectural styles to Festival Park @ Chester Village Green, West Broad Village and New Town as shown on, although not exclusively, on Exhibit B dated September 3, 2013 attached hereto. An architectural review committee (the "Twin Rivers ARC") shall be established prior to site plan review. The ARC shall consist of three (3) members to include the developer's appointee, the Economic Development Authority's appointee, and an architect from Timmons Kelly Architects. In the event that Timmons Kelly Architects is unable to perform another licensed architect may be substituted. Architectural designs shall be submitted to the the Twin Rivers ARC for review and approval prior to site plan approval. 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. 3. Seventy-Five percent (75%) of each building facade being defined as the face of the front, sides and rear of a building, excluding windows, trim, architectural detailings, and doors) shall be brick or stone materials. No block will be used in the building facade. Architectural concrete block may be used for ramps and stoops so as to add architectural interest. 2 The remaining twenty five percent (25%) of each building facade, as defined above, shall be brick, stone, cementitious board, drivet, stuccq and synthetic stucco. In conjunction with site plan approval, the Twin Rivers ARC must approve the use of any other products not listed above herein above. 4. Minimum roof material shall be a 30 year dimensional shingle or better excluding buildings with a flat roof design. 5. Building facades along Main Street and front building facades for other mixed use buildings shall have pedestrian scale design features such as pedestrian scale lighting, architectural detailing on the first floor, building entry treatments such as arched or frame entrances with strictured overhangs and/or awnings and non- reflective storefront windows. (D) Setbacks. All buildings (including accessory strictures) along internal roads, interior private driveways, parking areas and streets shall be permitted to have zero (0) foot setback requirement for front, side, corner side, rear, and through lots. This condition does not negate the requirement for sidewallcs and street trees as required herein. No setback shall be required from proposed or existing public roads except along North Enon Church Road and Meadowville Road. Provided however, that corner side yards shall meet sight distance requirements as may be established at the time of site plan review. (E) Buffers and Landscape Areas. 1. No buffers shall be required between various uses and adjacent properties. 2. A minimum fifty (50) foot building, drives, and parking setback shall be maintained along North Enon Church Road. Except where necessary to accommodate access and utilities that nln generally perpendicular through the setback, trees having a caliper of four (4) inches or greater shall be maintained within this setback along with the installation of perimeter landscaping C. This does not preclude the removal of diseased, dead, or dying trees. This does not preclude the removal of trees for the installation of sidewallcs within the setback. This setback may be reduced to a twenty five (25) foot setback with the addition of a decorative fence not to exceed four (4) foot in height or a continuous hedgerow with a nunimum planting height of two (2) feet and a maximum growth height of four (4) feet. In addition, use of intermittent tree groupings can be used to breakup the visual linear line of the hedgerow, as approved by the Planning Department at time of site plan review. (F) Restrictive Covenants shall be recorded prior to issuance of a building permit. Said Restrictive Covenants shall include the following language: This property is adjacent to the Meadowville Technology Park. -, Neighboring property will be used for industrial and other business purposes. Traffic, noise, and lighting concerns related to Meadowville Technology Park should be addressed through the owner of Twin Rivers. (G) Uses Not Permitted. The following uses shall not be pernutted on the Property: 1. Feed, seed and ice sales; 2. Fraternal uses; 3. Indoor flea markets; 4. Kennels, commercial; 5. Material reclamation receiving centers; 6. Motor vehicle sales and rental; 7. Secondhand and consignment stores; and 8. Taxidermies. (I~ Pedestrian Elements. 1. General. Pedestrian wallcs and amenities shall be provided and maintained between uses. These pedestrian areas shall be designed to include amenities that add high visual interest, such as but not limited to: decorative paving units; decorative pedestrian-style lighting; benches; landscaped areas; plantings; bike racks; plazas; water features; display windows; gathering areas; and other pedestrian elements. The exact design and location of pedestrian elements shall be approved by the Planning Department Director and the Twin Rivers ARC prior to site plan approval. 2. Sidewallcs, General. Sidewallcs shall be installed along both sides of all public and private streets that provide general circulation throughout the development. Sidewallcs shall not be required along Meadowville Road and North Enon Church Road. One or more Sidewallcs shall terminate on Meadowville Road and/or North Enon Church Road to promote ease of pedestrian traffic from adjacent residential uses. 3. Main Street Pedestrian Elements. Sidewallcs along Main Street shall be occasionally internipted with design feat~ires to avoid large spans of flat concrete work such as by providing brick walls; pavers; landscaping; decorative concrete (such as fossils, stamps); curves in concrete; and other elements to enhance visual interest. Pedestrian areas shall be wide enough to accommodate sidewalks a minimum of six (6) feet in width to allow uninternipted pedestrian movement. In addition, space for outdoor sales and dining areas shall be provided at multiple locations along Main Street. III. Uses: Uses permitted shall be limited to: 1. Uses permitted by right or with restriction in the Community Business (C-3) District. 2. Uses pernutted by right or with restriction in the Residential Multi-family (R1VIF') District. 4 3. Accessory uses pernutted in the R-MF and C-3 Zoning Districts. 4. Recreational establishments, commercial outdoor to be limited to outdoor entertainment for community events such as performances, concerts, theatres, amphitheatres, and other community events. 5. Mixed-Use Buildings, as defined as multi-story buildings that accommodate a combination of commercial and/or office and/or residential uses within the same stricture. 6. Live/Work units, as defined by the Zoning Ordinance. 7. The development shall provide locations that serve as focal points for civic, religious, and/or institutional uses. These focal points shall beat ends of sight lines such as may occur at a tee intersection of two streets, at a sudden road bend, or at one end of a central commons area, and shall include elements such as pedestrian wallcways, benches, landscaped areas, plazas, water features or other pedestrian scaled features. Buildings associated with the use of the focal point shall be designed with a strong architectural appearance in character with the project's theme, such-uses include but are not limited to the following: a. Municipal offices, fire stations, libraries, museums, community meeting facilities, and post offices; b. Places of worship; c. Public schools; d. Parks; e. Gathering areas; f. Fountains. A minimum of two focal points shall be required within each tract. IV. General design standards and guidelines. (A) Tract L 1. Development of Tract I shall be a mix of all uses as defined in III above. 2. There shall be no minimum parcel size or maximum density per acre. Buildings in Tract I shall be pernutted to have residential uses on the first floor up to twenty-five percent (25%) of the gross square footage of the first floor except for buildings fronting on Main Street as designated on the Master Plan shall only be permitted to have a single residential unit on the first floor to meet ADA requirements. (B) Tract IL 1. Development of Tract II shall be permitted to be a mix of all uses as defined in III above. 2. There shall be no minimum parcel size or maximum density per acre. There shall be no limitation on the number of dwelling units per floor. 3. Buildings in Tract II may contain all residential uses; however buildings fronting on Twin Rivers Drive shall have first floor storefront type windows similar to those shown in Exhibit A, dated July 24, 2013, attached hereto. 4. There shall not be more than three (3) bedrooms in any dwelling units, and no more than 10 dwelling units may contain three (3) bedrooms. 5. A clubhouse and pool facility shall be provided to serve residential uses. This area shall serve as a focal point of Tract II as required by Condition III(7) above and shall be designed to accommodate and facilitate gatherings. This shall be developed and concurrent with the first phase of development on Tract II. V. Phasing Plan. A maximum of 200 dwelling units shall be permitted in Tract II until such time as final inspections have been approved by the Department of Building Inspections for a cumulative total of at least 30,000 square feet of non-residential uses fronting Main Street in Tract I. 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Cn ,"ter!. `may ~: d. ~ ~..,~xE Jy Y v r ~ ~ E .~ yr. ~ tr f ;~ ~~^~: ~ ~_ ,~:j ~v r:~ i~,~' ' ' E ^I ~..,~ -«v 1~ ~' 9 ,, ~ ,~ ~'`~-. ~~ f';~r ,. '' ~. i ~i ~~ ;~ ~`~ ~ `~; ,?" , y~.1~ ~~~,~~ .~ .~~ ~:~'i ~:, ~ . -~ .: _~ ~~ ~~ ~~~ ,. ,. `~ r~ ~. 4 Fri-, ',y, 4ai ,'r} 1' ~.. - ~" . ~~ ~~ . {~ ~I ! Ills t Iii. M O N M i N N ~--~ Q ''~^ vJ m ~_ X w 12SN0227-3 EXHIBIT C 08SN0111 (Amended) In Bermuda Magisterial District, TWIN RIVERS LLC requests rezoning and amendment of zoning district map from General Industrial (I-2) to General Business (C-5) with Conditional Use to permit multifamily uses plus Conditional Use Planned Development to permit exceptions to Ordinance requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. This request lies on 69.9 acres located in the southwest quadrant of Meadowville and North Enon Church Roads. Tax IDs 823-659-3856, 6573 and 9483; 823-660-4049; and 824-659-2386, 5689 and 8890. Ms. Peterson presented a summary of Case 08SN0111 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Ms. Carrie Coyner, the applicant's representative, thanked Economic Development for their assistance with the request. She stated the Urban Land Institute performed a study on the Meadowville Technology Park. She further stated the request is in line with the Urban Land Institute's recommendations for the area. She stated the proposed development will provide commercial retail for the Technology Park's employees to utilize. In response to Ms. Jaeckle's question, Ms. Coyner explained that some residential property would be built throughout the project. Mr. Warren called for public comment. No one came forward to speak to the request. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved Case 08SN0111 and accepted of the following proffered conditions: The Owner-Applicant in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffers that the development of the property known as Chesterfield County Tax IDs 823-659-3856, 6573, 9483, 824-659-2386, 5689, 8890, and 823-660-4049 from I-2 with CUPD to C-5 with a Conditional Use to permit RMF and a CUPD to permit bulk exceptions, and subject to the conditions and provisions of the Textual Statement will be developed as set forth below; however, in the event the request is denied or approved with conditions not agreed to by the Applicant, these proffers and conditions shall be immediately null and void and of no further force or effect. 1. Master Plan. The textual statement last revised November 19, 2007 shall be considered the Master Plan along with two Conceptual Plans entitled "Master Plan, Meadowville Town Center" dated September 13, 2007, and "Master Plan, Meadowville Town Center - Alternate" dated September 20, 2007, both prepared by TimmonsKelly Architects. If existing Meadowville Road along the west 08-42 01/09/08 side of the Property is eliminated, the Property shall be developed as generally depicted on the attached Master Plan entitled "Master Plan, Meadowville Town Center - Alternate" dated September 20, 2007, prepared by TimmonsKelly Architects, and as provided in the Textual Statement and as set forth herein below unless the Applicant and the Economic Development Authority of the County of Chesterfield mutually agree on an alternative location for New Meadowville Road. The two plans shall hereinafter be referred to collectively as the Master Plan. (P) 2. Utilities. Public water and wastewater systems shall be usea. ~u~ 3. Environmental. A. For any development that drains to Johnsons Creek, Stormwater runoff shall be retained based upon the two (2) year, ten (10) year and 100 year post development condition and released based upon the two (2) year, ten (10) year, and 100 year pre- development condition, respectively. Stormwater runoff that is directed to the North toward the Meadowville Landing Subdivision shall be discharged to an adequate outfall of sufficient size and capacity to handle the post development discharge. B. The developer shall follow the approved drainage breaks for the parcels as shown on a plan titled ~~Meadowville Stormwater Management BMP-MP Post Developed Hydraulic Analysis," prepared by Timmons Group, dated May 23, 2007, revised August 9, 2007. (EE) 4. Transportation. A. Dedications. The following rights-of-way shall be dedicated, free and unrestricted, to Chesterfield County prior to any site plan approval, in conjunction with recordation of the initial subdivision plat or within sixty (60) days from the date of a written request by the Transportation Department, whichever occurs first: i. Thirty-five (35) feet of right-of-way, on the west side of North Enon Church Road measured from the centerline of that part of North Enon Church Road immediately adjacent to the Property. ii. Thirty-five (35) feet of right-of-way on the south side of Meadowville Road measured from the centerline of that part of Meadowville Road immediately adjacent to the Property from North Enon Church Road to the Meadowville Road/Deepwater Cove Drive intersection. B. Road Improvements. In conjunction with the initial development, the developer shall provide the following improvements. The exact design of these improvements shall be approved by the Transportation Department. 08-43 01/09/08 i. Widening/improving on the south side of Meadowville Road from the Meadowville Road/Deepwater Cove Drive intersection to North Enon Church Road to provide an eleven (11) foot wide travel lane, measured from the 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, for the entire Property frontage. ii. Construction of additional pavement along Meadowville Road at the approved accesses to provide left and right turn lanes, if warranted, based on Transportation Department Standards. iii Relocation of the ditch to provide an eight (8) foot wide unpaved shoulder along the west side of North Enon Church Road for the entire property frontage along North Enon Church Road. iv. Dedication to and for the benefit of Chesterfield County, free and unrestricted, of any additional right-of-way (or easement) required for the improvements identified above. C Access i. Direct vehicular access from the Property to Meadowville Road shall be limited to two (2) entrance/exits. The exact location of these accesses shall be approved by the Transportation Department. ii. There shall be no direct vehicular access from the Property to North Enon Church Road. D. New Meadowville Road. If the Property is developed in accordance with the "Master Plan, Meadowville Town Center - Alternate" Plan dated September 20, 2007, prepared by TimmonsKelly Architects, unless an alternative alignment is determined based on Textual Statement General Condition I(B), the Developer shall be responsible for the following improvements and other transportation improvements in Proffered Condition 4. The exact design of these improvements shall be approved by the Transportation Department. i Dedication: Prior to any site plan approval, in conjunction with recordation of the initial subdivision plat or within sixty (60) days from the date of a written request by the Transportation Department, whichever occurs first, a seventy (70) foot wide right-of-way for a north/south collector ("New Meadowville 08-44 01/09/08 Road")from the Meadowville Road/Deepwater Cove Drive intersection, through the Property to the western Property line, as generally shown on the Conceptual Plan entitled "Master Plan, Meadowville Town Center - Alternate" dated September 20, 2007, shall be dedicated, free and unrestricted, to Chesterfield County. ii. Road Improvements. a. Construction of a two-lane road for New Meadowville Road, based on VDOT Urban Collector Standards (40 MPH) with modifications approved by the Transportation Department, from the Meadowville Road/Deepwater Cove intersection, through the Property to the western property line as generally shown on the "Master Plan, Meadowville Town Center - Alternate" Conceptual Plan. The exact alignment of New Meadowville Road right-of-way shall be approved by the Transportation Department. b. Construction of additional pavement along existing Meadowville Road and New Meadowville Road at each approved access to provide left and right turn lanes, if warranted, based on Transportation Department standards. c. Dedication to and for the benefit of Chesterfield County, free and unrestricted, of any additional right-of- way (or easement) required for the improvements identified above. iii. Access. Prior to any site plan approval, an access plan for New Meadowville Road shall be submitted to and approved by the Transportation Department. Vehicular access from the Property to New Meadowville Road extended shall conform to the approved access plan. E. Phasing Plan. Prior to any site plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 4, shall be submitted to and approved by the Transportation Department. (T) 5. Timbering. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) 6. Cash Proffers. A. For all dwelling units initially constructed with more than two (2) bedrooms the applicant, sub- divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit for infrastructure 08-45 01/09/08 improvements within the service district for the property: 1. $15,600 per dwelling unit, if paid prior to July 1, 2007; or 2. The amount approved by the Board of Supervisors not to exceed $15,600 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2006 and July 1 of the fiscal year in which the payment is made if paid after June 30, 3007. B. For all dwelling units initially constructed with two or fewer bedrooms the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit for infrastructure improvements within the service district for the property: 1. $10,269 per dwelling unit, if paid prior to July 1, 2007; or 2. The amount approved by the Board of Supervisors not to exceed $10,269 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2006 and July 1 of the fiscal year in which the payment is made 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. Building plans submitted for building permits shall designate the number of bedrooms in each dwelling unit. D. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. E. If, upon the mutual agreement of the Transportation Department and the Applicant the Applicant provides road improvements other than those road improvements identified in Proffered Condition 4 (the "Improvements"), then the transportation component in this Proffered Condition shall be reduced by an amount not to exceed the cost to construct 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 road component of the cash proffer as determined by the Transportation Department. Once the sum total amount of the cash proffer credit exceeds the cost of the Improvements, as determined by the Transportation Department, thereafter the Applicant shall commence paying the cash proffer 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 to, the cost of right-of-way acquisition, engineering costs, costs of relocating utilities and actual costs of construction (including labor, materials, 08-46 01/09/08 and overhead) ("Work") Before any Work is performed, the Applicant shall receive prior written approval by the Transportation Department for the Improvements and any credit amount. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited toward, but not in addition to, any impact fees, in a manner as determined by the County. If Chesterfield should adopt a "workforce" or "affordable" housing program which eliminates or permits a reduced cash proffer, the cash proffer for any dwelling unit on the Property that is designated as "workforce" or "affordable" housing, that meets all the requirements of the adopted "workforce" or "affordable" housing program, and for which a cash proffer has not yet been paid shall be adjusted to be consistent with the approved "workforce" or "affordable" housing program. (B & M) 7. The total number of dwelling units shall not exceed four hundred (400). (P) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 08-47 01/09/08 TWIN RIVERS, LLC TEXTUAL STATEMENT Revised: November 19, 2007 This is a request to rezone 67.76 acres of the Property under consideration to GS with a Conditional Use to permit Residential Multi-Family and a Conditional Use Planned Development (CUPD) that will permit bulk exceptions to ordinance standards. Except as qualified herein, uses permitted in the C-3 District, RMF, and outdoor entertainment uses shall be permitted throughout the property. I. General Conditions. (A) The development shall have a traditional mixed use development design with a mix of residential and non-residential uses within blocks and/or within a building. Buildings will be located close to the sidewalks and other buildings, the streets lined with trees and sidewalks, on- streetparking, and open spaces. (B) The Property shall be developed as generally depicted on the attached Master Plan, entitled "Master Plan, Meadowville Town Center" dated September 13, 2007, prepared by TimmonsKelly Architects, and as provided in the accompanying proffers and as set forth herein below. However, if existing Meadowville Road along the west side of the Property is eliminated, the Property shall be developed as generally depicted on the attached Master Plan entitled "Master Plan, Meadowville Town Center -Alternate" dated September 20, 2007, prepared by TimmonsKelly Architects, and as provided in the accompanying proffers and as set forth herein below unless the Applicant and the Economic Development Authority of the County of Chesterfield mutually agree on an alternative location for New Meadowville Road. The two plans shall hereinafter be referred to collectively as the Master Plan. The tracts shall be located in the area as generally depicted on the Master Plan, but their location and size, including further divisions into sub-tracts, may be modified through the site plan process, so long as the parcels generally maintain their relationship with each other and any adjacent properties. Such Plan shall be subject to appeal in accordance with the provisions of the Zoning Ordinance for Site Plan appeals. The mixing of residential and non-residential uses within a tract may be permitted if a Mixed Use Plan is submitted for review and approval by either the Planning Department or the Planning Commission at the election of the developer. Such review will be subject to appeal in accordance with the provision of the Zoning Ordinance for site plan appeals. The Mixed Use Plan shall address the land use transitions and compatibility between the different uses within a tract and adjacent properties. Land use compatibility and transitions may include, but not necessarily limited to, the exact locations of uses, buffers and site design. 1 II. General Requirements and Exceptions. (A) Parkin. 1. If on-street parking is permitted, those spaces shall be counted towards the required number of parking spaces for all uses. 2. The Applicant shall provide parking for residential uses based on 2 spaces per dwelling unit. 3. Commercial or office uses shall provide parking based on 4.4 spaces/1,000 gross floor area. 4. Parking may be further reduced based on Zoning Ordinance Section 19-512. 5. Parking shall not be required on each parcel or site where the use is located, but rather may be provided off-site but must be in the town center project, including on-street parking, subject to approval at the time of plans review, which may include requirements for easements. 6. Parking areas shall be generally located so as to minimize their exposure to Meadowville and North Enon Church Roads. Specifically, parking areas shall be located to the side or rear of buildings; no closer to Meadowville or North Enon Church Roads than the fronts of buildings; and within courtyard areas such that the buildings provide a barrier between the road and the parking. (B) Street Trees. Street trees shall be planted along both sides of all public and private streets that provide general circulation throughout the development, including but not limited to one (1) side of Meadowville Road and both sides of New Meadowville Road. Street trees shall not be required along North Enon Church Road. (C) Architectural Standards. 1. The maximum height for all buildings within Tract K shall be (6) stories. This height limit shall not restrict the use of a roof of a six (6) story building for features such as, but not limited to, decks, patios, or gardens. The maximum height of accessory buildings and structures within all Tracts shall be one-half (1/2) the height of the principal building. 2. The maximum height for buildings within Tracts A through I shall be three (3) stories. 3. Tract K shall have a similar architectural style to Chester Village Green. Tracts A through I shall compliment the architectural style of Tract K. Architectural designs shall be submitted to the Economic Development Authority of the County of Chesterfield for review prior to site plan approval. 2 (D) Setbacks. All buildings (including accessory structures) along internal roads, interior private driveways, parking areas and streets shall have zero (0) foot setback requirement for front, side, corner side, rear, and through lots. No setback shall be required from proposed or existing public roads except along North Enon Church Road and Meadowville Road. Provided however, that corner side yards shall meet sight distance requirements as may be established at the time of site plan review. (E) Buffers and Landscape Areas. 1. No buffers shall be required between various uses and adjacent properties. 2. No buffers shall be required along Meadowville Road or New Meadowville Road. A fifty (50) foot building, drives and parking setback shall be maintained along Meadowville Road with landscaping consistent with the Meadowville Landing subdivision which is shown on a landscape plan entitled "Meadowville Landing at River's Bend," dated August 1, 2006, prepared by Townes Site Engineering. 3. A minimum fifty (50) foot building, drives, and parking setback shall be maintained along North Enon Church Road. Except where necessary to accommodate access and utilities that run generally perpendicular through the setback, trees having a caliper of four (4) inches or greater shall be maintained within this setback along with the installation of perimeter landscaping C. This does not preclude the removal of diseased, dead, or dying trees. This does not preclude the removal of trees for the installation of sidewalks within the setback. (F) Restrictive Covenants shall be recorded prior to issuance of a building permit. Said Restrictive Covenants shall include the following language: This property is adjacent to the Meadowville Technology Park. Neighboring property will be used for industrial and other business purposes. Traffic, noise, and lighting concerns related to Meadowville Technology Park should be addressed through the owner of Meadowville Town Center. (G) Uses Not Permitted. The following uses shall not be permitted on the Property: 1. Feed, seed and ice sales; 2. Fraternal uses; 3. Indoor flea markets; 4. Kennels, commercial; 5. Material reclamation receiving centers; 6. Motor vehicle sales and rental; 7. Secondhand and consignment stores; and 8. Taxidermies. (H) Sidewalks: Sidewalks shall be installed along both sides of all public and private 3 streets that provide general circulation throughout the development, including but not limited to both sides of New Meadowville Road. Sidewalks shall not be required along Meadowville Road and North Enon Church Road. III. Tracts A through I -Commercial Area. (A) Uses. Uses permitted shall be limited to: 1. Uses permitted by right or with restriction in the Community Business (C-3) District. 2. Recreational establishments, commercial outdoor to be limited to outdoor entertainment for community events such as performances, concerts, theatres, amphitheatres, and other community events. 3. Accessory uses permitted in the C-3 Zoning District, except as restricted herein. IV. Tract K -Mixed Use Area. (A) Uses. Uses permitted shall be limited to: 1. Uses permitted by right or with restriction in the Community Business (C-3) District. 2. Uses permitted by right or with restriction in the Residential Multi-family (RMF) District. 3. Accessory uses permitted in the R-MF and C-3 Zoning Districts, except as restricted herein. 4. Recreational establishments, commercial outdoor to be limited to outdoor entertainment for community events such as performances, concerts, theatres, amphitheatres, and other community events. 5. Mixed-Use Buildings, as defined as multi-story buildings that accommodate a combination of commercial and/or office and/or residential uses within the same structure. This does not preclude single-use buildings. (B) Requirements for Residential Use. Development of Residential Multi-Family uses shall conform to requirements of Sections I and II above, in the accompanying proffers and as follows: 1. There shall be no minimum parcel size or maximum density per acre. 2. There shall be no more than sixteen (16) dwelling units per floor. 3. A maximum of two (2) buildings shall be permitted to have all residential uses 4 on the first story. All other buildings shall be permitted to have residential uses on the first floor up to twenty-five percent (25%) of the gross square footage of the first floor. 4. There shall be no residential unit within 200 feet of property within the Meadowville Technology Park. 5. A maximum of three (3) stories in any given building may be used for residential use. Applicant/Agent ~~,ae.~o~s~.~•,~~,.arvrv~.,a~~„,~.ao.~„o VIN 1 9 8 1 A A 1 N fl 0~ O l 3 1~ a 3 1 S 3 H~ 9Y99-LBB (49B) ~Htld •BS9S-L8B (bf®) ~Hd j Q tlltZ MNIJtlI~ 'NMHLOl91N •3NN4 3N01531d3315 5\IObL ~ x~~K~a u~01, a'I'IIAbOQV~1N a S 1~ 3 1 1 H~ ?J b ~ m w ~'I'I~I•SI~IOY1iY~II.I. NVId 2131SVW ~ o ai N ~', 4 ~I ~ ~N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ u U Sp U sp U Sp U sp U sp U 5p U sp U Sp U C^,. 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