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02SN0209-Dec 17.pdfDecember 17, 2003 BS ADDENDUM 02SN0209 Southem Land Company LLC Matoaca Magisterial District Grange Hall Elementary, Bailey Bridge Middle and Manchester High School Districts North line of Beach Road REQUEST: Rezoning from Agricultural (A) to Residential (R-12) with Conditional Use Planned Development to permit exceptions to Ordinance requirements. PROPOSED LAND USE: Residential, office and commercial uses with exceptions to Ordinance requirements are proposed. Specifically, a maximum of 2,392 residential units with supporting commercial, office and recreational uses is planned. On December 12, 2003, the applicant submitted a revision to Proffered Condition 14 relative to landscaping (Proffered Condition 14.b.) and a new proffer (Proffered Condition 17) relative to Best Management Practice (BMP) facilities. SINCE THESE AMENDMENTS WERE NOT SUBMITTED PRIOR TO ADVERTISEMENT OF THE CASE, THE BOARD WOULD NEED TO SUSPEND THE PROCEDURES TO CONSIDER THE CHANGES. Specifically, to address concerns expressed by area residents, Proffered Condition 14.b. requires the installation of a single row of evergreen trees adjacent to Ashbrook Subdivision. To address community concerns relative to performance criteria for development within the Upper Swift Creek Watershed, the applicant has proffered to retain temporary sediment control devices and/or construct new BMPs to achieve maximum phosphorus runoff limitations until such time as the regional facilities are implemented. Staff continues to recommend approval of this request for reasons noted in the "Request Analysis". Providing a FIRST CHOICE Community Through Excellence in Public Service. PROFFERED CONDITIONS 14.b. A single row of evergreen trees (at least five feet tall at the time of planting) shall be installed adjacent to the property line with Ashbrook Subdivision. This landscaping shall be installed in recorded open space. The evergreens shall be installed between five (5) feet and twelve (12) feet on center, based on the species selected by the Developer for such installation. A landscape plan depicting these improvements shall be submitted to the Planning Department for review and approval in conjunction with the submission of a final check plat. The installation of landscaping may be phased upon approval of a phasing plan by the Planning Department. (P) 17. Best Management Practice (BMP) Facility. The developer shall leave in place the temporary sediment control devices and/or construct new BMPs or combinations of BMPs which would achieve a maximum phosphorous mnofflimits required by the Upper Swift Creek Watershed Ordinance Section 19-238(d)(1)a. until Chesterfield County obtains its initial permit for the implementation of the Upper Swift Creek Watershed Plan. (EE) 2 02SN0209-DEC 17-ADDENDUM-BOS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION Octc?-~ ~ < ~nn~, CPC December 17, 2003 BS 02SN0209 Southern Land Company LLC Matoaca Magisterial 'District Grange Hall Elementary,.Bailey Bridge Middle and Manchester High SchOol Districts North line of Beach Road REQUEST: Rezoning from Agricultural. (A) to Residential (R-.12) with Conditional Use Planned Development to permit exceptions to Ordinance requirements. PROPOSED LAND USE: Residential, office and commercial uses with exceptions to Ordinance requirements are proposed. Specifically, a maXimum of 2,392 residential Units withsupporting commercial, office and recreational uses is planned. PLANNING COMMISSION.RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF PROFFERED CONDITIONS 1 THROUGH 8.L AND 8.N THROUGH 16 ON PAGES2 THROUGH 11. AYES: MESSRS. GECKER, LITTON, CUNNINGHAM AND STACK. NAY: MR2 GULLEY. .STAFF RECOMMRNDATION Recommend'approval for the folloWing reasons: A.- The proposed residential uses conform to the Upper Swift Creek Plan which suggests the property is appropriate for 2.0 dwelling units per acre Or less. Further, the non- Providing a FIRST CHOICE Community Through Excellence in Public Service. 'residential uses comply with. the Plan which suggest that suchuses are appropriate within a coordinated development. Be The proffered conditions address the impacts of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries and fire stations is identified in the Public ;Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program, and the impact of this development is.discussed herein: The proffered conditions adequately mitigate the impact on capital 'facilities, thereby insuring adequate serve levels are maintained and protecting the health, safety and Welfare of County citiZens. (NOTE: CONDITIONS MAY BE IMPOSED OR THE'PROPERTY OWNER MAY PROFFER OTHER CONDITIONS. THE: CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC"ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS The Owners and the Developer (the "Developer") in this zoning case, pursuant to § 15.2-2298 ofthe Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, ~proffer that the developmentof the property known as Chesterfield County Tax Identification Number 714-663-0471 (the "Property") under consideration will be developed according to the following conditions if, and only if, the rezoning request forR-12 with a conditional.use planned development ("CUPD") is granted. In the event the request is denied or approved with conditions not agreed to by the Developer, the proffers and conditions shall immediately be null and void and of no further force or effect. If the zoningis granted, these proffers and conditions will supersede all proffers and conditions now.eXisting on the Property. The application contains one exhibit described as follows: Exhibit A- Plan titled "Preliminary Zoning Map," prepared by Jordan COnsulting Engineers, P.C. and dated June 20, 2001, last revised September 10, 2002, (the "Plan") is madea part of this application as Exhibit A, which shall be considered as a general illustration of the proposed development and does not reflect a blueprint for future action for the Property, except as explicitly outlined in the Textual Statement and the proffered conditions. The Traetsshown on the Exhibit may be further divided into Sub-Tracts (a designated portion of the Tract) at the time of site plan or tentative subdivisiOn review, subject to the provisions outlined in the Textual Statement and proffered cOnditions. (STAFF/CPC) 1. Utilities. ao A conceptual overall water and wasteWater systems plan for this property, accompanied by a utilities infrastructure phasing plan (the "Utility Plans "), shall be submitted to the Department of Utilities at least thirty (30) days prior to 'the 2 02SN0209-DEC17-BOS (STAFF/CPC) (STAFF/CPC) submission of the first tentative subdivision, site, or construction plan for the Property. Should the Department of Utilities find that later variations in line sizing and/or location of the.lines are deemed "significant" changes then the Utility Plans shall be revised and submitted for re-approval prior to apProval of any additional tentative subdivision, site, or constrUction plans for the Property. b. PUblic water and wastewater systems shall-be used. The Developer shall dedicate to .the County a .water line easement along the east side oftheOtterdale Road Extension (the-North/South Arterial) right-of-way to facilitate future constructiOn of a planned water transmission intercormection. The width of this easement shall be determined by the Utilities Department prior to, or at the time of submittal of, the.first construction plan for Otterdale Road Extension or the first tentative subdivision that incOrPorates.any portion of the Otterdale Road Extension for County review. The Developer shall incorPorate into the on-site water distribution system for the develoPment a water line along the east/west collector road. The DeVeloper shall construct this line to the easternmost and Westernmost boundaries of this development. Subject to applicable County policies,-this water line shall be over-Sized "if requested by the Utilities Department. e. Prior to the issuance of the first:building permit for each tentative subdivision plat ("Plat")or prior toabuildingpernn't for each site plan ("Plan")approved. for the Property, the Developer shall makepayments to:Chesterfield County inthe amount of $200,00 per acre (not to exceed an aggregate paYment of $239,406 based upon the total acreage:in 'the Property) for that particular Plat.:or Plan as a contribution towards the expansion of the-Dry Creek WaStewater- pump Station. (U) Timbering, With the exception of timbering which has' been 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) Density. The maximum number of dwelling units permitted onthe. Property shall be 2392, except that for each acre of commercial 3 02SN0209-DEC17-BOS (STAFF/CPC) (STAFF/CPC) and/or offic~ uses developed on the Property the total number of dwelling .units shall be reduced at a rate of two (2) dwelling units/acre. Commercial or office deVelopment shall not. include Cluster Residential, Cluster Condo, Townhouse, or Multi. Family residential units, or the Recreational Areas (all as defined-in the Textual Statement). Age Restriction. Except as otherwiSe ~prohibited by. the Virginia Fair Housing Law, the Federal Housing Law, and.such'other applicable federal, state, or local legal requirements,.dwelling units may be restricted to "housing for older persons" as defined in the Virginia Fair Housing Law and shall have no persons under 19 years of age domiciled therein ¢,Age:Restricted Dwelling Units "). Lots; Tracts, or Sub-Tracts for Age-Restricted Dwelling'Units shall be grouped together ona particular portion of the Property and shall not be scattered amongother residential dwelling units. At the time of recOrdation of a subdivisiOn plat the lots shall'be noted as age-restricted, ~Any site Plan for Age-Restricted Dwellings Units shall also note the restriction: (B&M&P) Cash Proffer: For each dwelling unit developed, excePt Age ReStricted Dwelling Units, the applicant, SUbdivider,.or assignee(s) Shall pay $7,800.00 per unit to the County of Chesterfield, prior to the time of issUance of a building permit, for. infrastructure. improvements within the service .district .fOr the Property if paid prior to July 1, 2002. Thereafter, suehpayment shall be the amount approved by the Board of Supervisors notto exceed $7,800.00 per unit as. adjusted upward by any increase in the Marshall and~Swift Building Cost'Index between July 1, 2001- and July 1 ofthe fiscal year in which the payment is made if paid:after June 30, 2002: If any ofthe cash Proffers are not expended for the purposes designated by the CaPital Improvement Program within fifteen (15)years from-the date of payment, they shall:be returned~in full to the payor.' 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 roi any impact fees in a manner as determined by the County. 4 02SN0209-DEC17-BOS (STAFF/CPC) b. For each~ Age-Restricted .Dwelling Unit developed, the applicant, subdivider; or assignee(s) shall 'pay $4,235.00 per ~:'~5. the County of CheSterfield, prior to the time of issUance of a building permit; for infrastructure improvements within the service district for the. Property ifPaid prior to.Iuly 1, 2002. The $4,235~00 for any units developed shall be allocated pro-rata among: the facility Costs as calculated annually bythe CountYBudgetDepartmentas follows: :'$805 for parks, $280 for library facilities;' $312 for. fire stations, and '$2,838 for roads. Thereafter, such payment shall be the amount-approved bythe Board of Supervisors not to exceed: $4,235.00 per unit as adjustednPward by any increase inthe Marshall and.Swift BnildingCost Index between July 1,:2001 and July 1 of the.fiscal year in which the payment is madeif paidafter June 30, 20.02. If any of the cash proffers are not expended for the purposes designated .' by the Capital Improvement Programwithin fifteen (15) Years fromthe date ofpayment; they shall be returned in full tothe payor~- Should Chesterfield Countyimpose impact fees at any time dUring the life of the development that are:applicable to the Property, the amount paid in cash proffersshallbe in lieu of or credited. toward, but not in additionto, anYimpact fees in a manner as determined by the County. (B&M) Dedication; The following rights-of-wayonthe Property shall be dedicated, free and unrestricted, to Chesterfield County. These dedications shall be in conjunction with recordation of the initial subdivisi°n plat or.prior-to any final site plan approval for the ;de~telopment, whichever.occurs .first. The exact, locatiOn or, these rights~of-way shall be approved by the Transportation Department. (i) A ninety (90) foot -wide right-of-Way for Otterdale Road Extension from its. existing termination to the southem Property line~ (ii) A ninety (90) foot· wide. fight, of-way for the East/West Connection from the eastern Property line to the Western Property line. Forty-five (45) feet Ofright-of. waY onthe north side.of Beach Road measured from the centerline.ofthat part of BeaCh Road immediately adjacent to the. Property frontage shall be dedicated in conjUnction with :r~0rdati~n of"the initial 5 02SN0209-DEC 17-BOS (STAFF/CPC) (STAFF/CPC) subdivision plat or prior to any final.site plan approval for the development of Property adjacent to-Beach! Road or within sixty (60) days after a request by the Transportation Department, whichever occurs.firSt. (T) AcCess Plan. Prior to any site plan or tentative subdivision approval, whichever occurs first, a concept, aCcesSplan for otterdale RoadExtension and'for the. EastAVest COnnectiOn shall-be submitted toand approved by the TranSportationDepartment. Access for :this development shall conform to the approved access plan or as otherwise approved' bY'the TranspOrtation Department. bo There shall be no access or rOad connection from the Property to .Dry Creek Road. Access from the. Property to Beach Road shall be limited to Otterdale Road Extension. (T) TransportatiOn. To provide an adequate roadway SYstem at the time. of c°mPleteidevelopmem, the DeVelopershatl be responsible for the following improvements. Alternate road:improvements, as requested by the. Developer and approved bY the Tra~p°rtati0n Depa~anent, which will provide, acceptable. levels:Of service asdetermined by the TranSportation Department, may be Subsfituted . for :the.: 'road improvements, identified in this" conditionj- If any of the improvements are provided, by. others, Or. if they are .determined unnecess~ by the TranSportation Department as~ demonstrated· by updated,:traftic stUdies acceptable to ~theTranSportafionrDep ~.amnent, then the specific required improvement shall:no longer be reqUired by the DeVeloper. The roadimprovements shall be phaSed in acCordanCe with the phasing plan outlined herein. Construction of Otterdale Road and Otterdale Road Extension to VDOT urban minor arterial' standards. (50 MPH) with modifications by the';rransportafionDep~ent aS: O) A four, lane~ divided.roadsection from Route 360 to the Hampton Park Drive intersection. (ii) A four,lane,, undivided road section from'Hampton Park Drive through the EaSt/West Connection intersection toa two-laneroad 1,000 feet south of the 6 02SN0209-DECI?.BOS bo Co intersection (approximately 400' of full width lane with a 600' taper). (iii) A two-lane, undivided road section from approximately 1,000 feet south of the East/West Connection intersection to Beach Road. Construction of the East/WestConnection :to VDOT urban minor arterial standards(50 MPH) with modifications by the Transportation Department as a two,lane, undivided mad sectionfrom the eastern property line to the western property lille. Construction of left and right mmlanes along Otterdale Road Extension and the East/West Connectionat each approved access, including, ati the Otterdale Road EXtension and the East/West Connection intersection, if warranted, based on Transportation~Department standards. Construction ofthe~ Otterdale :Road Extension intersection with Beach-Road as a three-lane section consisting of a northbound lane and~two southbound lanes: The exact length of this improvement, shall be aPPr0ved by the Transportation Department. Construction of a right, mm lane anda left turn along Beach' Road at the Otterdale :Road Extension intersection. Construction of dual'left mm lanes from Westbound Route 360:~to southbound Otterdale ROad. Constmctionof a third left mm lane from-westbound Route 360to southbound Otterdale R°ad: with an additional:lane of pavement (receiving lane)from Route 36Oto HamptOniPark Drive. COnstruction of dual right tum.~ lanes along northbound Otterdale Road at its intersection with Route 360.~The exact length'of this. improvemem shall be approved -by the Tran.qportation Department. Full. cost of. traffic signal .installation for the following intersections, if warranted, based on: Transportation Department standards: 7 02SN0209-DEC17-BOS jo ko no (i)' Route 360.and Otterdale Road. (ii) Otterdale Road Extension and the East/West Connection. (iii) Otterdale Road and Hampton Park Drive. (iv) Route 360 and Hampton Park Drive. Construction of left and fight turn lanes along Otterdale Road --at the Hampton Park Drive intersectiOn, if warranted, based on Transportation Department standards. Construction of dual left turn lanes from westbound Route 360 to southbound Hampton Park Drive with an additiOnal lane of pavement (receiving lane) On Hampton Park Drive to Ashbrook Parkway. Construction of dual right mm lanes along northbound Hampton Park Drive. at its intersection with Route 360.- The exact length of this improvement shall be approved by the Transportation Department. Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified and phased as outlinedherein. In.the event the Developer is unable to acquire the right-of-way necessary for the road improvements as described, the Developer may request, in writing, the County to acquire such right-of-way as a public road improvement. All costs associated with the acquisition of the right-of-Way shall be borne by the DeVeloper. In the event the County chooses.not to assist the Developer in acquisition ofthe"off-site" right-of- way, the Developer shall be :relieved of the obligation to acquire the "off-site" right-of, way, and only provide the road improvemem that can be accommodated within available right-Of-way as determined by the Transportation Department. The phasing of these improvements shall be as outlined herein unless otherwiserequested by the Developer and approvedbY the Transportation Department: 8 02SN0209-DEC17-BOS Prior to recordation of a cumulative total of more than · 400 single family detached residential units (or equivalent densities as approved by the Transportation Department), the Developer shall construct the improvements.specified in proffers 8.a.(i), 8.f. as dual turn lanes and 8.h. as a single fight turn lane from northbound Otterdale Road to Route 360, unless it is demonstrated by an'updated traffic study (acceptable to the Transportation Department), that any of these improvements are not yet needed(as determined by the Transportation Department) then a revised phasing plan indicating the changes to the road improvements shall be submitted to and approved by the Transportation Department. (ii) Prior to recordation of a cumulative total of more than 500 single family detached residential units (or equivalent densities as approved by the Transportation Department), the Developer shall construct the Otterdale Road Extension in 8.a.(ii) and (iii) from-.its existing terminus to Beach Road, 8.d., and 8.e., unless it is demonstrated by an updated traffic study (acceptable to the Transportation Department) that any of these improvements are not yet needed. (as determined by the Transportation Department) (except for the completion of Otterdale Road Extension from its then existing terminus to Beach road as a two-lane road) then a revised phasing plan indicating the changes to the road improvements shall be submitted to and approved by the Transportation Department. (iii) Prior to recordation of a cumulative total of more'than 1200 single family detached residential units (or equivalent densities as approved bYthe Transportation Department), the Developer shall construct 8.g.,'8.h., 8.k. and 8.1. unless it is demonstrated by an updated traffic study (acceptable to the TranSportation Department) that these improvements are not yet needed (as determined by the Transportation Department) then a revised phasing plan indicating the changes to the road. improvements shall :be submitted to and approved by the Transportation Department. 9 02SN0209-DEC 17-BOS (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) o 10. 11. 12. 13. 14. (iv) Prior to recordation of any subdivision plat or final' approval of any site plan a phasing plan of the remaining road improvements shall be submitted to and approved by the Transportation Department. Such phasing plan shall include the above referenced phases. (T) Manufactured Homes. Manufactured Homes shall not be permitted on the Property. (P) Buffers Along Roads. The buffers-required by Section '17-70'of the SubdiviSion Ordinance along roads shall be located within recorded open space. (P) Transportation Densities. For Waffle planning purposes, the maximum density of the property shall be 70,000 square feet of shopping center, 30,000 square feet of general office, 1,220 single family detached residential units, 650 retirement community units, and 400 condominiums or townhouses or equivalent densities as approved by the Transportation Department. (T) Covenant. Prior to recordation of any subdivision plat or final approval of any site plan, the Developer shall record the following covenant for the Property: "Certain roads within the Property are intended to connect to an existing or afuture road. Notice is hereby given to all :persons interested in purchasing or living within the development that such road connections are planned. Each road-that is intended to extend or connect to other roads is shown onthe overall road plan attached to these Covenants. Any such road is also posted with a sign (located at its temporary terminus) stating "FutUre road extension.'"' (T) . . Pedestrian. Tunnel. In conjunction: with the construction of the improvements noted in Proffer 8.a.(ii), the Developer shall construct a pedestrian tunnel, acceptable to the Transportation 'Department, under Otterdale Road near its current terminus which will link the existing walking trials within Hampton Park. (T) Landscaping. In conjunction with the construction of the improvements noted in Proffer 8.a.(ii); if approved by the owners of the open space the Developer shall installa double row of evergreen trees (at least five feet tall at the time ofp!anting) within the existing recorded open space that parallels otterdale Road and is located within Hampton Park. Theseevergreens shall be installed in the open space where adjacent to the residential lots along Otterdale Road that are southof the intersection of Otterdale Road and HamPton Park Drive and north of the stormwater management facilities. A 10 02SN0209-DEC 17-BOS (STAFF/CPC) (STAFF/CPC) 15. 16. landscape plan showing.these improvements shall be Submitted to the Planning Department for approval at the time of submittal-of road construction plans for that section of Otterdale Road set forth in 8.a.(ii). the evergreens shall be installed between 5 feet andl2 feet on center, based on the species selected 'by the Developer for ~sueh installation. (P) House SiZe. For lots adjacent to Hampton Park and west 0fOtterdale Road EXtended, the houses shall have a minimum gross floor area of 2400 square feet. (P) Open Space. An area of open space' shall be established between Hampton Park and the Property (weSt of Otterdale Road) such that lots on the Property adjacent to Hampton Park shall not. include any areas designated as Resource Protection Areas ("RPA") on county maps, and;Provided, further the open space area between the property. line for the Property and such lots abutting the RPA shall.not be less than 85 feet. (P) GENERAL INFORMATION Location: FrOnting in three (3) places on the 'north line of Beach Road, lying across from,Coalboro Road, and at the southern terminus of Otterdale Road.. Tax ID 714-663-0471 (Sheets t 5 and 23). Existing Zoning: A Size: 1196.2 acres Existing Land Use: Vacant 11 02SN0209-DEC 17-BOS Adjacent Zoning and Land Use: North - R-9, R-9 and ~R-TH~th Conditional Use Planned Development, R-12 andA; Single family residential, community recreation or vacant- South - A; Single family residential or vacant ..... East - A and R-25; Single family residential or vacant West - A; Single family residential or vacant UTILITIES Public Water System: There is an existing sixteen (16) inch water line extending along the weSt.side of Otterdale Road thatterminates adjacent to Hampton Glen Lane, approximately 860 feet north of this site. In addition, there is an existingeight (8) inch water line extending along the eastern side ' of Shady Banks Drive in Ashbrook Subdivision, approximately :100 feet north of this site. The Upper Swift Creek Plan recommends the use of the public water system for all development and its use has been proffered. (Proffered Condition 1.b.) The applicant has proffered to provide an"Overall Water and Wastewater System.q Plan" and a "Utilities Infrastructure Phasing Plan" (Proffered Condition- l:a.). The on-site water distribution system for this development will-include a water:line along the north/south collector road (furore Otterdale Road Extended) towards Beach' Road. Staff initially requested that the applicant agree to oversize this line So that';it could be incorporated'as part of a planned future transmission interconnection between water lines in Winterpoek Road and in Route 360 west of Hampton Park. This transmission interconnection is'reflected in the County's Water and Wastewater Facilities Plan. However, upon further evaluation it was determined that the high pressures at which this transmissiOn interconnection would be operated Would likely canse unusually high pressures within theadjacent~ development. To avoid that possibility, the UtilitiesDepartment intends to construct that future transmission interconnection through the development with no- ties to the.on-site water distribution system. Instead of oversizing the water line alOng the north/south collector road, the applicant has agreed to dedicate to the County a water line easement alongthe east side of the north/south collector right ofway to facilitate future construction ofthe planned transmission interconnection. The width of this easement isto be determined'by the Utilities Department when the first constmctionplan fOr the north/south collector.or~ the first tentative subdivision that incorporates any portion of the north/south collectOr is submitted to the. County (Proffered Condition 1 .c.). In addition, the applicant has proffered to construct an east/west water line to the boundaries of the property to allow fOr. future development to the west. '(Proffered Condition 1.d.) 12 02SN0209-DEC17-BOS Public Wastewater System: There is an existing eighteen (18) inch wastewater mink.line extending along Fuqua Branch in the adjacent Ashbrook Subdivision, terminating approximately 100 feet northeast of this- site. In addition, there is an existing eighteen (18) inch wastewater trunk line extending along Dry Creek in the adjacent Hampton Park Subdivision, and adjacent, to a portion-of the northern boundary of this site. The Upper Swift Creek Plan recommends the use of the public wastewater system for all development, and its use has been proffered. (Proffered Condition 1.b.) The applicant has proffered to provide an"Overall Water and Wastewater Systems Plan" and a "Utilities Infrastructure Phasing Plan'? (Proffered Condition 1.a.). In addition, the applicant has proffered to pay the County $200.00 per acre (based ontotal acreage of the request-site, not to exceed $239,400.00) as a contribution towards eXpansion of the Dry Creek Wastewater Pump Station. Payments will be made Over time as the property develops,- with payment for each section or site to be made prior to issuance of the first building permit for that section or site. (Proffered Condition I.e.) ENVIRONMENTAL Drainage and :Erosion: The property drains via tributaries into Swirl Creek ReServoir. The property is heavily wooded and, as such, should not be timbered without first ~obtaining aland disturbance- permit. This will ensure that adequate erosion control measures are in Place prior to anyland disturbance activity. (Proffered Condition 2) Water Quality: A.perennial stream is located along the eastern property line; therefore, the area adjacent to the stream is subject to the requirements of the Resource Protection Area (RPA). Participation in the Upper Swift Creek Regional.Stormwater Master Plan is required with payment of a pro-rata construction fee anda fee perresidential Unit: for BMP maintenance. There are three watershed-wide BMPs located on, or partially on~ the property. There. are alSO several Riparian Corridor Management-Non Resource Protection Areas (RCM~NRPA) that will limit any disturbance within the l'00-year floodplain. To address concerns relative to the aesthetics ofanyopen basins requiredfor water quantity or quality control that are not County-owned facilities, the apPlicant has agreed that any such facility will be landscaped or otherwise improved so that they become visual enhancements to uses developed on the property. (Textual Statement I.D:) 13 02SN0209-DEC17-BOS PUBLIC FACILITIES The need for fire, school, library, park and transportation facilities is identified in the Public FacilitieS Plan, the Thoroughfare Plan and the Capital Improvement Program.' This development will have an impact on these facilities. . - ~ ....7. Fire Service: The Public Facilities Plan indicates that emergency services calls are expected to increase forty-fiVe (45) percent by.2015. Eight (8.)new fire/rescue stations are recommended for construction by 2015 in the Plan. Based on 2,392 dwelling units, this request will generate approximately 366 calls for fire and rescue services each year. The applicanthasaddressed the impact on fire service. (Proffered Condition 5) . . The Clover Hill Fire Station, Company Number 7, currently provides fire protection and emergency medical service. Fire Station Number 19, currently under.'constmction on Beach Road, will eventually provide primary fire and emergency medical Service to this property. When the property is developed, the number of hydrants, quantity of water needed for fire protection and access requirements will be evaluated during the plans review process. Schools: Approximately 1,268 students will be generated by this'development: :Currently this site lies in the Grange Hall Elementary School attendance zone: capacity- 739, enrollment-~ 569; Bailey Bridge Middle School zone: capacity- 1,700, enrollment'- 1,613; and Manchester High School zone: capacity- 2,000, enrollment - 2,344. There are currently twenty (20) trailers at Bailey Bridge Middle and seventeen (17) trailers.at Manchester High. The students generated by this development would create significant enrollment increases at the elementary, middle and high school levels. A final determination of the school attendance zone will be made when the building permits are issued. In the past, staff evaluated a site that was offered by the developer.asa pOtential.school.,. location and determined, that it. was no acceptable. There mother location on the site that have greater potential for development as a school location. This was communicated, to the applicant along with an indication that we were open to further discussions if they Chose to. Two (2) new high schools, proposed to be built by 2008, would replace Clover Hill High School and relieve Manchester High. Bailey Bridge Middle iScurrentlyunderrenovation. Libraries: Consistent 'with the Board of Supervisors' policy, the impact of development on library services is assessed County-wide. Based on projected-population growth, the Public 14 02SN0209-DEC 17-BOS Facilities Plan identifies a need for additional library space throughout the County. Taking into account the additional space provided by the new La Prade and Chester Libraries, there is still a projected need for approximately. 55,000 additional square feet :of library space ' County-wide by 2015. The development will most likely affect the existing Clover Hill Library or a proposed new facility on Beach Road. The Public Facilities Plan identifies: a need for additional' library space in this area of the County. ~The apPlicant has addressed the impact of this proposed development on library facilities. (Proffered Condition 5) ' Parks and Recreation: The Public Facilities Plan identifies the need for four (4) new regional parks. In addition, there is currently a shortage of community park acreage in the County. The Plan identifieS a need for 625 acres of regional'park space and 116 acres of community park space by 2015. The Plan also identifies the need for neighborhood parks and speCial purpose parks and makes suggestions for their locations. The applicant has offered measures to assist in addresS'rog the impact of this proposed development on these parks and recreational facilitiesi (Proffered Condition 5) Transportation: This request consists of approximately 1,196 acres, currently.zoned Agricultural (A)2 .The applicant is requesting rezoning to Residential (R-12) with ConditiOnal Use Planned Development, which would alloW a mixed-use development that includes various residential housing types, plus recreational, retail and office uses. The applicant has submitted a map (Exhibit A) that subdivides the property into twelve (12) tracts: Tracts A through L. Based on.the Textual Statement, Tract L could be developed for-commercial"and office uses, limited to a maximum of 100,000 square feet (TeXtual StatementllI, A0: ;The applicant has proffered that a maximum Of 2,392 dwellings will' be developedon the property (prOffered Condition 3). For each acre of commercial and/or office useS:deVeloped; the proffer requires themaximum number of residential~ Units to be reduced at a rate of two (2):dwellingUnits per acre. As some comparisOn ofthe proposed residential density,' Smoketree- SubdiviSion has approximately 610 dwelling units; Walton Park SUbdivision has approximately 820 dwelling units; Deer Run Subdivision has approximately 1,010 dwelling units;, and Salisbury SubdiVision has approximately 1,250 dwelling units:' In accordance with the Development Standards Manual in the ZOning Ordinance,- a traffic analysis is.necessary to assist in evaluating the impact of a development.of this m ~agnitude. The applicant submitted a traffic study, which .satisfies the TranSportation Department requirements for an analysis of the site's traffic at build-out; The applicant has proffered a maximum density, consistent with the density analyzed in~ the traffic study (prOffered Condition 11). The applicant proposes to ldevelop the property fOr. 1~220: single ' family:. detached homes, 400 condominlUm/townhouse units, 650 .retirement community uuits;" 15 02SN0209-DEC 17-BOS 30,000 square feet of general office, and 70,000 square feet of shopping center, which could generate approximately 20,210 average dally trips. . .. ... The Thoroughfare Plan identifies Beach Road as a maj°r arterial with a recommended right of way width of ninety (9'0) feet. The applicant has proffered to dedicate forty-five (45) feet of right of way, measured from the centerline of Beach Road (Proffered Condition 6.b.).-The condition requires this right of Way to be dedicated when development occurs 'adjacent to- Beach Road or within sixty (60) days after a request by the Transportation Department, whichever occurs first. The Thoroughfare Plan alSO identifies a north/south arterial ("Otterdale Road Extended") and an east/west arterial ("the East/West Arterial") extending through the property, with recommended right of way widths of ninety (90)feet. Otterdale' Road Extended is 'a continuation of the road that was constructed south from Hull-Street Road (Route 360) to the northern boundary of the subject property with the partial development of the adjacent subdivision to the north, Hampton Park. Otterdale Road Extended is planned to extend through the subject property to Beach Road, near the C0alboro Road intersection. A property located on the south side- of Beach Road· has approval to operate a quarry. As part of the site plan approval for that operation, an"access drive" mustbe constructed fromBeach Road north to Otterdale Road, generally along the alignment of Otterdale Road Extended. There are' no contractual commitments to. build the ·"access drive". If the quarry never reopens, the "access drive", will not be built as part of the quarry', s -operation. The East/West Arterial is planned to parallel Beach Road, and extend-from Winterpock Road, west through the' property, across Baldwin Creek Road to Beaver Bridge Road. The East/West Arterial as currently shown on the Thoroughfare Plan'is an extension -of-West Hensley Road from Winterpock Road. Due to area development, the alignment should be shifted to the north as shown on the attached map title "Thoroughfare. Plan" and as generally shown on Exhibit A. The applicant has proffered to dedicate a ninety (90)' foot wide right of way for Otterdale Road Extended from its current terminus to the southern property~ and for the East/West Arterial from the eastern property line to the western property line. (Proffered Condition 6 a.) The Thoroughfare Plan identifies a north/south arterial ("Ashlake. ParkwayExtended") from Route 360 adjacent to the Ashbrook Subdivision,. crossing the EaSt/West Arterial,' then extending through the eastern part of the subject property, aligning with D~ Creek Road, and continuing south of Beach Road. Due to the development that has occurred along Dry Creek Road and.south of Beach Road, staff supports eliminating the section of Ashlake. Parkway Extended south of the East/West Arterial. The applicant has proffered that there will be no road connection from the property to Dry Creek Road. (PrOffered Condition 7.b.) ACcess to major arterials, such as Beach Road, Otterdale Road Extended randthe East/West Arterial, should be controlled. The applicant has proffered to. submit an.access plan for 16 02SN0209-DEC 17-BOS approval that identifies access from the property .to Otterdale. Road Extended and the East/West Arterial (Proffered Condition 7,a.), The applicant has also proffered to limit direct access from,the property to Beach Road to Otterdale Road Extended. (Proffered ConditiOn 7.c.) -- _ : The Subdivision Ordinance requires that subdivision'streets must conform to the. Planning Commission's Stub Road PoliCy, which suggests that'traffic volumes onth.ose streetsshould not exceed an acceptable level of 1,500 vehicles.per day. In accordance with the Stub Road'- Policy, there will be many sections of the internal subdivision sweet network that must be designed, at a minimum, as "no-lot. frontage" residential cOllectors. In conjunction with development of the adjacent subdivision to the north (Ashbrook), a residential collector street (Shady-Banks Drive) was constmcted through part of that development. The right of way for Shady Banks.Drive was stubbed to the:subject property. Based on Exhibit A, an access is proposed from this development to Shady Banks DriVe. Providing a direct connection between the East/West Arterial and,~Shady Banks Drive could- result in a significantly high volume of traffic on that subdivision street. Shady Banks Drive was not designed to facilitate this ~potential traffic. If this connection is made; the street network in this part of the subject property should be designed tOminimi'ze the potential for em-through traffic. The applicant's traffic study analyzes the impact of traffic generated by this development being distributed north and south along Otterdale Road Extended.. The proposed Otterdale Road Extended/Beach Road intersection, Otterdale Road Extended/Route 360, and Hampton Park Drive/Route 360 were.intersections that were specificallystudied. Most (approximately 95 percent) of the traffic was-assumed to be distributed north to Route-:360. Part of the applicant's initial traffic studyalSO considered the impact of'this development-if the East/West Arterial was extended'to Winterpock Road. Area roads need to be improved to.address safety and accommodate the increase in traffic generated by this development. Route 360, Otterdale Road and Beach Road will be directly impacted by development of this Property. At such time as theEastJWestArterial is extended to the east, Winterpock Road will'also be impacted by this development. The 2001 traffic volumes along the section of Route 360 from Otterdale Road to Route 288 range from 15,000 to 61,000 vehicles per day. The volume of traffic from. Woodlake Parkway to Route 288 exceeds 'the capacity of the road-and driVers experience extreme congestion, eSpecially during peak periods. The Virginia Department of Transportation Six- Year Improvement Program includes a project t° widenR°ute 360.m six (6) and eight(.8) lanes, from Swift Creek to .Winterpock Road. The Plan designates previous funds for construction of additional westbound lanes on Route 360 and provides supplemental funding for the remainder of the project in the fifth (FY08) and sixth (FY09) years ofthe Plan. '-No additional road improvement projects in this area of the County are included in the Six-Year improvement Plan.. 17 02SN0209,DEC17-BOS Otterdale Road, north of Route'360, hard2002 'traffic count of 1,885 vehicles per'day~ Sections of this road have twenty (20) to twenty, one (21)'feet wide pavement with no shoulders, with substandard vertical and horizontal ali~ments an~d large:trees locatedclose to the edge of pavement. BaSed on the current volume of traffic dUring peak,hours, Otterdale Road is at capacity (Level of ServiCe E). Winterpock Road had a 2000-traffic count of 7,139 vehicles per day. Sections of lids road have twenty-one (21) to' twenty4WO (22)feet:wide pavement with no shoulders. BaSed on.the current volume of traffic 'during-peak'hours, Winterpock Road'is at capacity (Level of Service E). Beach Roadhada 2000 traffic c0unt of 1,217 vehicles per day. Sections ofthis road haVe twenty (20) t°.twenty,°ne (21)feet :Wide pavement with no shoulders. The capacity ofthis road (Level of semite C) is acceptablefor the volume of traffic it currently carries. The standard typical section for Otterdale-Road, Winterpock Road and Beach. Road should be tWenty~four (24) feet wide~ with mini'~- shOulder Widths of eight (8) feet. ' The traffic impact of this development must be addressed~ The applicant has proffered to:. 1) construct Otterdale Road/Otterdale Road Extended as a four (4) lane road from ROute360 to a two (2) lane road approximately 1,000 feet south of the East/West Arterial; 2) conStruCt Otterdale Road Extended as a two (2) lane road from approximately l',000!feet soUth'ofthe EasffWest Arterial to Beach Road; 3) construct the East/West Arterial as atwo (2)lance road _ thrOugh the property; .4) construct left and right mm:lanes alongotterdale Ro~c~ EX~ended and the East/West Arterial at each approved access, if warranted~ based on Transportation' Department standards; 5) construct the Otterdale Road Extended intersection wi'th Beach -" Road as a three ( 3 ) lane section; 6) construct fight and' left mm lanes along Beach-Road-at:the Otterdale Road Extended intersection; 7) construct dual left-tumlanesfromwestbOund R°ute 360 to southbound Otterdale Road~..8) construct a third left-~ lane:from westbound. Route 360 to southbound Otterdale Road with an. additional southbound through lane '(reCei,cing lane)alOng Otterdale Road from ROute 360 to Hampton Park'Drive;'9) conStruct dual right"-. mm lanes along northbound otterdale Road at itsintersection with-Route360; 10) fUll:cos} of traffic signal installation at the Rome 360/Otterdale-Road, Otterdale ::- Road Extended/East/West Arterial, and' Otterdale Road/Hampton Park Drive-intersectionS and Rome 360/Hampton Park Drive, .if warranted; and 11)construct .left and right mm lanes along Otterdale Road at the Hampton Park Drive intersection, if.watrranted; based_on TransPortation Departmentstandards; 12) conStruct dual 'left tumlanesalongweStbound Rome 360 to southbound Hampton Park Drive withan additi0nal~receivinglane:on HamPton Park Drive from Route 360to Ashbrook. Parkway; .and '13) construct dual righttum!aneS along northbound Hampton park Drive at its' :intersection with Route.360 (Proffered Condition 8). The profferedCondifion would allow-the TranSportationDepartment to approve alternative improvements that'would provide an aeceptable.ieVel of service, or el~ate a:.~ specific improvement if, baSed on a revised traffc Study, it is determined not to be'necessary. In addressing neighborhood concerns, the applicant. haS proffered tO,ConstruCt a pedestrian tunnel under Otterdale Road.. near its current terminus (Proffered C°ndition 13):: The applicant haS also proffered to contribute cash, in .an amount consistent with the Board:of Supervisors' Policy, towards mitigating the traffic impact'Of the'residential' developnient; (Proffered Condition 5) _ 18 02SN0209-DEC 17-BOS The developer may need to acquire "off-site" right of way to provide some of the proffered road improvements. According to Proffer Condition 8, ifthe developer is unable to acquire the right of way for any of these improvements, the developer may request the County to acquire the right of way as a public road improvement.: All'costs associated-with the acquisition will be borne by the developer. If.the County chooses'not to assist with the fight of way acquisition, the developer will not be obligated m acquire the%fi-site" right of way, and will only be obligated to construct mad improvements within available right of way. The. applicant has proffered a phasing plan for the road improvements outlined in Proffered Condition 8 (Proffered Condition 8.1). According to"the proffer, the. phasing plan requires that Certain road improvements be provided at various stages of the development: Prior to recordation of 400 single family residential units (or equivalent density based on traffic generation), Otterdale Road will be constructed as a four (4) lane road from Route 360 to Hampton Park Drive, dUal left turn lanes will be constructed from westbound Route 360to southboundOtterdale Road, and a single right turn lane will-be cOnstruCted along northbound Otterdale'Road at its intersection with Route 360. Prior to.recordation ora cumulative total-. of 500 single family residential units (or equivalent density based on traffic generation), Otterdale Road/OtterdaleRoad Extended will be constructed as a four'(4) lane-road from Route 360 to the East/West Arterial, transitioning to a two (2) lane road and extending to Beach Road with mm lanes at Beach Road. Prior to recordation' of a cumulative total of- 1,20Osingle family residential units (or equivalent density based on traffic generation), triple left turn lanes will be constructed from westbound Route 360to southbound Otterdale Road with an additional southbound through lane (receiving lane) along~Otterdale Road from Route 360 to Hampton Park Drive, dual right turn' lanes-will be constructed along northbound Otterdale Road at its intersection with Route 360, dual left mm lanes 'along westbound Route 360 to southbound Hampton Park Drive with a receiving lane alOng Hampton Park Drive, and. dual right turn lanes along Hampto~ Park Drive at Route 360.. At time oftentative subdivision review and/or site plan approval, specific.'recommendations will be provided regarding access, stub road rights of way to adjacent properties andthe proposed internal street network, tnaddition,-the phasing plan requires that, prior to any subdiviSion plat or final approval of any site plan, a phasing plan for the'remainin, g road improvements shall be submitted to and approved by the Transportation Department. The proffered condition allows the. TransportatiOn Department to .evaluate the traffic generation of this development, and make adjustments'm this phasing plan, ff appropriate. 19 02Slq0209-DEC 17-~BOS . Financial Impact on Capital Facilities: Potemial Number of New Dwelling units 2,392* . .i '' i:00 Population InCrease 6530.16 . ' 2.73 Numbe Student r of New s · ' Elementary 583~65 ' . _ ... · 0.24 Middle 3.10.96. ' ' " ' ' · ' - ': -0;1-3 'High . . .' 382~72 . . . . ..-:-:.0:16 TOTAL ' ' ' . .1,277.33 ' ' .... ' ' :-:'9~53' Net Cost for Schools - 0 3,596 Net Cost for Parks ' 1;942704 : ~ ' ' "812 Net Cost fOr Libraries . . ' ' ' ' ' 674;544 ·:.i ' · -. '.'.'_282 Net Cost for Fire Stations ' ' 753,4801 i-'" ' '.' ' -: '.-3:15 Average Net:Cost for Roads ' ~' 6,848,296 :. . i '- -'2;863. TOTALNET" COST * Basedon a prOffered maximum numberof 2,392 dwelling'units. (pr0ffemd Condition 3)" As noted; thisproposed development will have an impact oncapital facilities and,.varies by~e of'.:"- dwelling unit2 The applicant has proffered the maximum'mount Per dWelling unit!based on the type of dwelling unit (Proffered Condition 5). The. impact by type ot~ dwelling unit-isas followsi' Non-Age Restricted Dwelling Units '. ~ Staff has calculated the fiscal impact of every new dwellingunit on schOols, roads, Parks, librariesand fire stations at$7;868 per unit.. The applicant hasbeen, advised, that a:m~um proffer of $7,800 per unit would.defray the cost of~the capital facilities.necessitated bY,this proposed development for these ~es of dwelling units. - Age Restricted Dwelling Units staff~has calculated the.fiScal impact of every new.dwelling unit on roads, parks, libraries. and fire stations at $4,272 iper unit:. .The applicant has been advised thata ma~ximum proffer of $4,235per unit would defray the Cost of the capital facilitiesneeessitated by this proposed development for these typesof dwelling units. Consistent with the Board of Supervisors'..policy, and proffers acceptedfrom other applicantS~ the applicant has offered cash'to assist, in de~aying the cost of this proPosed zoning on guch~apital facilities:' Note that circumstances relevant to this case~ as presented by the applicant, ha~e::been 20 ' 02SN0209-DEC 17:BOS reviewed and it has been determined that it is appropriate to accept the maximum cash proffer in this LAND USE Comprehensive Plan: Lies within the boundaries of the Upper Swift'Creek Plan which suggests the property is ~ ' appropriate for single family residential use of 2.0 dwelling units per acre or less. The Plan also suggests that various types of housing, to include townhouses, apartments and ' condominiumS and clustered detached single family dwplling may also be approPriate if included within a large coordinated planned development..Further, convenience and neighborhood commercial nodes may also be appropriate, within such-a coordinated development subject to adequate access and a design that.incorporates an internal focus with open spaces and pedestrian cOnnections. Area Development Trends: Properties to the north are zoned Residential (R-9 and R-12), Residential Townhouse (R, TH). and Agricultural (A) and are developed as the Hampton Park and Ashbrook Subdivisions, or are currently vacant. Properties to the east, west'and south are zoned Agricultural (A)and Residential (R-25) and are developed as single family residences on acreage parcels created outside-the subdivision review process or are currently vacant. It .is anticipated that residential zoning and land-use patterns will continue in the area consistent with densities suggested by the Plan. Site Design: The Master Plan divides the property into several tracts of land (Textual Statement).. A total of 2,392 dwelling units could be developed; however, any acreage devoted to "office.and commercial', uses will result in a reduction in the number oftotal units at a ratio of two (2) units per. acre (reference '.'Density" section, included herein). It should be noted that the administrative tracking of.the permitted densities will be difficult:and costly. Tracts H and I are proposed for development of cluster residential., townhouse, multi-family, cluster condominium, single family residential and nursing, convalescent and rest home uses, all of which are discussed in further detail herein (Textual Statement m.B.). If any individual tract or subtract is developed for two (2) or more dwelling types, the Textual Statement requires submission of a conceptual plan to either the Planning Commission or-Planning Department for approval. At the time of review of a conceptual plan, conditions may be imposed to. insure land use compatibility and transition. (Textual StatementI.C2) Tract L is proposed for development of Neighborhood Business (C-2) and. Corporate. Office (O-2) uses, as well as single family residential, cluster residential, toWnhouse, multi-family and cluster condominium.uses (Textual Statement III.A.). A mix of residential and non- 21 02SN0209~DEC 17-BOS residential uses is permitted. The Textual Statement requires submission.ora schematic plan- if Tract L is developed for a mixture of residential and non-residential uses (Textual Statement HI.AA) and a cOncePtual plan if Tract L is developed for a mixture of residential types (Textual Statement I.C.). It should be noted that the Zoning Ordinance will require submission of an overall schematic plan for the entire project prior to anysite or tentative subdivision plan approval. The remaining tracts (Tracts A through G, J and K) are proposed· for single family residential. uses conforming, at a minimum, to Residential (R-12)requirements, (Textual Statement re.c) Within all tracts, community recreational and equestrian uses and recreational vehicle storage lots .are proposed as permitted uses (Textual Statement II.A. thrOugh C).. Within Tracts H, I and L, park and ride lots are proposed as permitted uses." (Textual Statement H~D.) Densi _ty: A maximum of 2,392 dwelling units has been proffered,-yielding an oVerall maximum density of 2.0 units per acre (Proffered Condition 3). Further~ fOr every acre developed for commercial and/or office uses, the.total number.ofpermittec~dwelling-units will be reduced by two (2) units per acre. Cluster Residential: (Tracts H, I and L) Development of cluster residential lots in Tracts H, I and L will be regulated by the standards set forth inthe Textual Statement 0H.A.3 and III.B.1.). These.residences are proposedto.be develoPed as detached or two (2) attached: units on individual lots having an area of notless than 6,000 square feet, but not more than 12,000square feet. If lots sizes differ.by more than 2,000 square feet, a conceP ~tual planaddressing land use transition'and compatibility must be sUbmitted for review and apProval by either the Planning Department~ or the-Planning Commission. Density will not exceed.seven (7) units per gross acre for that area occupied by such uses. Other restrictions include provision-of a focal point, street trees, street lighting; landscaping and sidewalks; treatment of individual driveways and parking~areas; lot.width, lot coverage and setbacks. With one exception, requirements ·offered for cluster homes are consistent-with those typically required by the Commission and Board on similar projects:recently approved.· The provision fails to minimize the number of garage doors oriented to-roads or'address standards which will minimize the visual predominance of garages facing the road.. 22 02SN0209-DEC 17-BOS Townhouse: (Tracts H, I and L) Development of residential t°~6USe lots in Tracts H, I and L will be regulated by the Standards set forth in the Zoning. Ordinance for Residential Townhouse (R-TH) Districts, except as modified by theTextual Statement 0H.A:5. and'llI.B.1.). These residences are' proposed to be developed with no more than six (6) attached units. Density will not exceed seven (7:) units per gross acre for that area occupied by such uses. Other restrictions include provision of a focal point, street trees, street lightingi landscaping, treatment of individual driveways and parking areas, Sidewalks, parcel area, setbacks' and curb and gutter.- With one exception, requirements offered to offset the impact of lots sizes smaller than 12,000 square feet are consistent with those typically required by the Commission and B6ard on similar project recently approved. The proviSion fails to minimize the number ofgarage doors oriented to roads or address standards which will minimize the visual predominance of- garages facing the road. Multi-Family: (Tracts H, I and L) Development of multi-family units in Tracts H, I and L will be regulated, by the standards set forth in the Zoning Ordinance for Residential Multi-family (R, MF) Districts, except as modified by the Textual statement 0II.A.6, IILB.1 .). Density will not exceed ten (t0) units per gross acre for that area occupied by such uses. With One exception, requirements offered, for multi-family development are consistent with those typically required by the Commission and Board on similar projects recently approved. Although the Zoning Ordinance requires that sidewalks be prOvided within a residential multi-family project, there is no requirement for the provision of sidewalks on both sidesof all.internal fights of way. Higher density developments warrant .the provision of sidewalks on both sides of all internal rights of way to provide a form of Passive recreation as well as a safe and convenient access to open space areas within the development. Cluster Condominium: (Tracts H, I and L) Development of cluster condominiums in Tracts H, I and LWIll be regulated by the standards set forth in the Zoning. Ordinance.for Residential Multi-family (R-MF), except as modified by the Textual Statement 0H.A.4~. and m.B.l). These units .may be either attached or detached. Density will not exceed.seven (7) units per gross acre. With one exception, requirements, offered for cluster condominiums are consistent with those typically required by the Commission and Board on similar projects recently approved.' The provision fails to sufficiently minimize the number-of garagedo'orS oriented to roadsor address standards that will minimize the visual predominance of garages facing the road. 23 02SN0209-DEC 17-BOS Single Family Residential: (Tracts A through L) Single family residential uses would be permitted anywhere within the boundaries of the development (Textual Statement. III~A.,B.,C.). Any single family residential uses would be required to be developed in accordance with Zoning Ordinance requirements for Residential (R-12) Districts. The minimum lots size Would be12,000 square feet. Open Space and Recreation Areas: (Tracts A through L) Within the cluster residential and. townhouse developments (Tracts H, I and L), where lots are reduced below the minimum 12,000 square feet, the Zoning Ordinance Will require that a comparable amount of square footage be placed in open space. The Zoning Ordinance defines open space as any area "not occupied by a building, structure, drive or parking area''. The Subdivision Ordinance will require creation ora Homeowners' AssoCiation to maintain any common open space. Within the cluster residential, townhouse and cluster cOndominium developments, a minimum of.75 acre of open space/community area to serve as a focal point as one enters those tracts is proposed (Textual Statement m.A.3;e, llI.A.4.h and'lll A.5'.f.). Benches and other amenities are to be provided 'within these areas, to. facilitate, outdoor gatherings. To address concerns of area property owners, within the single family residential developments, an area of open space will be provided between Hampton Park Subdivision and.the subject property,- west of Otterdale Road. (Proffered COndition 1'6) The Zoning Ordinance requires that within Residential Townhouse (R-TH) and ReSidential Multi-family (R-MF) developments, at least ten (10) percent of the property designated:~for these uses, and in no event less than 1.5 acres, be provided for on-site recreational uses. The Textual Statement provides'for no recreation facilities except as mandatedthrough restrictive ' covenants 0I.A.2). The County would not be required to: enforce these covenants and therefore, cannot guarantee that any recreational facilities will be provided within the development. Staff does not support this exception. Higher density developments warrant the provision of on-site recreational facilities in accordance with Zoning Ordinance Standards. The Textual Statement addresses development criteria for any recreational area developments - to include setbacks, outside, public address systems,- lighting and platting. (II:A.3 through 9) Equestrian Uses and Recreational. Vehicle Storage: The Textual Statement proposes'both horse riding trails -and boarding facilities throUghout the development OI.'B.). Boarding facilities must meet minimum acreage and,setback requirements to insure compatibility with adjacent uses. 24 02SN0209-DEC17-BOS Recreational vehicle storage lots are proposed-throughout~ the 'development (Textual Statement II.C.). Such areas'wouldbe screened from view of public roads and residential developments, meet minimum setbacks and .employ security lighting .only-to promote. compatibility within residential areas. Park and Ride Lots: (Tracts H, I and L) The Textual Statement proposes park and ride lots within.Tracts H, I or L 0I.D.).' Fifty (50) foot buffers would be provided around the perimeter of.all lots, except where adjacent to office or commercial uses. The maximum lot size would, be 250.parking spaces. Such lots. could accommodate car, van Or bus services. · Park and ride lots are first permitted by right in the Community Business (C~3) District of the Zoning Ordinance. As a commercial use, the location of such lots has been limited m Tracts H, I and L which represent areas within or adjacent to' the commercial core of the development. This would minimize the impact of these facilities upon adjacent residential. developments with respect to noise, traffic, lighting and hours of operation. .Commercial Nodes and Uses: (Tracts I and L) In addition to various, types-of residential development, Tract I also permit nursing, convalescent and rest home uses, subject to the requirements of the ZoningOrdinance for the Corporate Office (0-2) District plus Emerging Growth District Standards. (TextUal Statement III. B.1 and 2.) Tract L, which' is located at the intersection of the proposed North/South and East/West Arterials, is proposed for Neighborhood Business (C-2) and Corporate-Office (0-2) uses. Such uses would be limited to a maximum of 100,000 gross square feet. This tract will provide the oppommity to accommodate limited commercial'and office uses to serve the-' residents inthe community and avoid the necesSity for travel :to the commercial areas along Hull Street Road or those areas proposed within the. project to the north. The Textual Statement requires any commercial/office uses in .Tract L to conform to the requirements of the Zoning Ordinance for the respective C-2 and 0-2 Districts plus Emerging Growth District Standards. These requirements address access, landscaping, architectural treatment, setbacks, parking, signs, buffers and utilities and ensure compatibility: withthe surrounding residential areas. · . . Buffers: The Subdivision Ordinance requires that fifty (50) foot buffers be maintained along, the North/SoUth and East/West Arterials, as well as Beach Road. This buffer may be included within the boundaries of individual lots. It has been staff's experience that .individual homeowners tend to clear these areas resulting in a zoning violation on that individual lot. To Preserve the integrity of these buffers, the applicant has proffered that these areas be 25 02SN0209-DEC 17-BOS provided in open space, thereby becoming the responsibility' .of:the Homeowners' Association (Proffered Condition 10). It should, be~ noted thatthe water line easement which the applicant has agreedto grant along Otterdale Road Extended cannot be included within the buffer area unless modifications to buffer' requirements are granted through the subdivision process. To address concerns of area property owners, landscaping will be provided within open space areas adjacent to the proposed improvements to Otterdale' Road within Hampton Park Subdivision Where such open spaces abut residential lots, (Proffered Condition 14) Prohibition On Manufactured Homes:: Proffered Condition 9 prohibits the location of manufactured homes on the subject property. The current Zoning Ordinance would, not allow manufactured homes; however, there is pending State legislation that proposes to mandate that localities alloTM manufactured homes in those districts that allow single family dwellings contracted'to the Uniform Statewide Building Code. Should this State legislation be adopted} depending UPon the final lang~ge, Proffered Condition 9 may, or may not, have the effect of prohibiting manufactured homes. Dwelling Size: To address concerns of area property, owners, proffered conditions to address minimum house size. (Proffered Condition 15) CONCLUSIONS The proposed zoning and land uses comply with the Upper Swift Creek Plan. The proffered conditions address the impacts of this development on necessary capital facilitiesi as outlined-in the Zoning Ordinance-and Comprehensive Plan. ~ Specifically, the' needs forroads, schools, parks, libraries and fire stations is identified inlthe Public Facilities Plan, the Thoroughfare Plan and the Capital ImprovementProgram and the impact of this development is discussed herein. The proffered conditions adequately mitigate the impact on capital facilities, thereby insuring adequate service levels are maintained and protecting health, safety and Welfare of County citizens. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (5/21/02): At the request of the applicant, the Commission deferred this case to August 20, 2002. 26 02SN0209-DEC 17-BOS Staff (5/22/02): The applicant was advised in writing that any significant, new or revised information should be submitted no later than June 17, 2002, for consideration at the Commission's August 20, 2'002, public hearing. The applicant was also advised that a $150.00 deferral fee was due. Applicant (6/5/02): The $150.00 deferral fee was paid. Applicant (6/6/02, 6/22/02, 7/31/02 and 8/6/02): Reviscdproffered conditions and textual statements were submitted. Applicant (7/12/02): A traffic analysis was submitted. Applicant (7/24/02): As a result of a request from the TransPortation Departmem, the appendices for the Traffic Analysis were submitted. Staff (7/30/02): The Transportation Department provided written comments to the applicant on the Traffic Analysis. Planning Commission Meeting (8/20/02): At the request of the applicant, the Commission deferred this ease'to October 15, 2002. Staff (8/21/02): The applicant was advised in writing thatanY significant new or revised information should be submitted no later than August 26, 2002, for consideration at the Commission's October 15, 2002, public hearing. The applicant was also advised thata $250.00 deferral fee was due. 27 02SN0209-DEC 17-BOS Applicant (9/5/02): The $250.00 deferral fee was paid. Applicant (9/10/02, 9/26/02 and 9/30/02): Revised profferedcondition, te~ statement and Master Plan were submitted. Planning Commission Meeting (10/15/02): On their own motion, the Commission deferred this:case to December 17, 2002. Staff (10/16/02): The applicant was advised in writing that any significant new or revised information should be submitted no later than~ October 21, 2002, for consideration~at'the CommiSsion's December 17, 2002, public hearing. ' Applicant (11/8/02, 11/15/02 and 11/27/02): Revised proffered conditiOns and Textual :Statement were submitted. Planning Commission Meeting (12/17/02);. At the request of the apPlicant, the Commission deferred this case to February 18, 2003. Staff (12/18/02): Theapplicant was advised in'writing that: any si~ficant new o! ~reX~ised information should be .submitted no later than .December 23, 2002,: for considera~On at the commission, s- February. 18, 2003, public :hearing;.; The applicant.was also:adVised!thata $250.00 deferral fee was due. Applicant (12/30/02): The $250.00 deferral fee was Paid. 28 02SN0209-DEC.17:BOS Staff (1/30/03): To date, no new information has been submitted: Staff, Applicant and Ashbrook SubdivisionResidents (2/-13/03): . A meeting was held to discuss the applicant's request. Area residents expressed concerns relative to. traffic, schools, impacts on the Ashbrook Lake, development phasing and proposed housing types. Applicant (2/17/03 and 2/18/03): Revised proffered conditions were submitted. These proffers addressed Transportation Department concerns relative to the Hampton Park Drive/Hull Street Road intersection improvements as well as area residents' concerns relative to buffers, open space and dwelling sizes as discussed herein. Planning Commission Meeting (2/18/03): The applicant accepted the recommendation. There was support and opposition present. Those in support noted the proposal's compliance with the Upper Swift Creek Plan; the benefits of a large planned parcel ~versus piecemeal-development; and that the impacts'0n capital facilities had been addressed. Those in oPposition expressed' concerns relative to the impact of this proposal upon the County's infrastructure (roads andschools) and the Swift Creek Reservoir; and the need to reevaluate the Upper Swift Creek Plan with respectto growth.management. Mr. Stack noted that the proposed regional Best Management Practices (BMPs) will assist in addressing environmental impacts on the reservoir; that staff continues to evaluate methodOlogy for determining student numbers generated by the requests; and that more money needs to be allocated to road improvements through other, means in addition to the cash Proffer system. He indicated that the request was consistent with the Plan, supported by staff; did not have a detrimental impact upon neighbofingproperfies; represented a long- range project completion; and, asa larger property, was a better planned development. Messrs. Litton and Cunningham cOncurred with Mr: Stack's position. Mr. Gulley agreed that the' proposal represented a good quality development, but'that his main concern was water quality and'the imPact of growth on the water supply. He noted that 29 02SN0209-DEC 17-BOS there needed to be specific timing and construction details for the regiOnal BMPs rather than speculation. Mr. Gecker agreed with Mr. Gulley with respect~to the environmental issues assoCiated with phosphorus loading, but felt this was caused by the Route 288 project' and other commercial construction. He disagreed that the solution wasto stop additional rezoning on a case by case basis, but favored looking for an.overall solution.with standards for constmctionin the watershed. Mr. Gecker expressed his frustration with the lack of meaningful interaction with the School Board relative to the school planning 'process. He noted :that the proposal complies with the Plan; provides a variety of housing types; addresses a si~ificant portionof transportation needs; incorporatesa comprehensive plan for large acreage development;and represents a natural extension of growth. In response to a question of Mr. Stack, the applicant indicated' that all :other conditions proffered would remain applicable Should the Commission not accept Proffered Condition 8.m, On motion of Mr. Stack, seconded by Mr. Cunningham, the Commission recommended. approval of this request'and acceptance of Proffered Conditions 1 through 8.1. and 8,n. through 16. The Commission recommended that Proffered Condition 8.m. notbe accepted, AYES: Messrs. Gecker, Litton, Cunningham and Stack. NAY: Mr. Gulley. Applicant (3/3/03): prOffered Condition 8.m. was with~drawn. Board of Supervisors' Meeting (3/12/03): At the request of the applicant, the Board deferredthis ease to'April 23; 2003, to.allow, the applicant time to meet with.area citizens. - ........ Staff (3/13/03): The applicant was advised in writing that,any significant new orrevised information should be submitted no later than March .18, 2003,-for.consideration at the Board's public hearing. The applicant was also advised that a $250.00 deferral fee was due, 30 02SN0209-DECI7-BOS Applicant. (3/24/03): The $250.00 deferral fee was paid. Staff (3/27/03): To date, no new information has been submitted. Board of Supervisors' Meeting (4/23/03): At the request of the apPlicant, the Board deferred this case to June 18, 2003. Staff (4/24/03): The applicant was advised in writing that any new or revised information shoUld be submitted no later than April 28, 2003, for consideration at the Board's June 18, 2003, public hearing. The applicant was also advised that a $250.00 deferral fee was due. Applicant (5/12/03): The deferral fee was paid. Staff (6/2/03): To date, no new information has been submitted. Board of. Supervisors' Meeting (6/18/03): On their own motion, the Board deferred this ease to December 17, 2003. Staff (6/20/03): The applicant was advised in writing that any si,~tmificant new or revised information shoUld be'submitted no later than September 15, 2003, for consideration atthe Board's December public hearing. 31 02SN0209-DEC 1.7-BOS Staff(8/20~03): To date, no new information has been submitted. The Board of Supervisors, on Wednesday, December 17, 2003, beginning at 7:00 p:m., will take under consideration this request. 32 02SN0209-DEC17~BOS terson - REALESTATE-ENV,12[ t-v9-Southern Land - Fhal Textual Staten. . Comm Textual Statement '. Southern Land Company LLC February 4, 2002 Revised May 15, 2002 Revised May 29, 2002 Revised July 18, 2002 Revised July 30, 2002 Revised September 10; 2002 Revised September 26, 2002 Revised September 30, 2002 Revised October 9, 2002 Revised October 28, 2002 Rezone from A to R~12 for the uses permitted' in R-12 with a Conditional Use Planned Development ("CUPD") to permit use and Ordinance requirement exceptions-as delineated on the Preliminary Zoning Map prepared by Jordan Consulting Engineers, P.C. dated April 4, 2002, and last revised September. 10, 2002, (the "Plan"), as described herein, and as provided in the accompanying proffers. I. General Conditions A. To accommodate the orderly development of the Property, the Tracts shall I~e located as generally depicted on the Plan, but their location and size, including further divisions into Sub-Tracts, may be modified so long as the parcels generally maintain their relationship with each other and any adjacent properties. A plan for any such Tract adjustment shall be submitted to the Planning Department for review and approval. Such plan shall .be subject to appeal in accordance with the provisions of the Zoning Ordinance for Site Plan appeals. Sub-Tract (a designated portion of a Tract) divisions may be created at the time of tentative subdivision or site plan approval and shall not require a separate review as a Tract adjustment provided there is no adjustment in the overall Tract boundary.unlass the Tract boundary has been approved for .adjustment as stated herein. B. Wheneve? a provision refers to or requires a conceptual plan ("Conceptual Plan") to be submitted for review and approval, such a plan may be approved by either the Planning Department Or the Planning Commission at the election of the Developer, and such review shall be subject to 'appeal in accordance with the provisions of the Zoning Ordinance for Site Plan appeals. C. Residential units [i.e.: Cluster Residential, Cluster Condo, Townhouse, orMulti-Family (as defined herein)] shall be grouped together within a Tract or Sub-Tract. If there is a desire to mix the types ofresidentiai uses within a Tract or Sub-Tract the mixing may be permitted ifa Conceptual Plan is submitted for review and approval. The Conceptual Plan shall address the land use.transitions and compatibility between the different uses within a Tract or Sub-Tract. Land use ~~.. -v9-Southern Land, Fhal Textual. State_..~. -- _ n~,. Co___:mw.._m.. ................................. _~.ag?.~2 II. compatibility and transitions may include, but not necessarily be limited to, the exaci location of.the uses, buffers, and site desigri. Any' open basins required for water quantity or quality control located on the Property and not owned by Chesterfield County shall be designed as wet ponds and shall be landscaped or otherwise improved so that the facilities become visual enhancements to and visual amenities for the uses developed on the Property. At the time of tentatiVe subdivision or site plan submission, a plan depicting these requirements shall be: submitted for review and approval. Requirements and Exceptions for All Tracts A. Recreational Facilities Recreational facilities shall be permitted within all Tracts. These uses shal.1 be limited to facilities and uses that' primarily serve thesurrounding residential community including but .not limited to passive recreation such as Wails, paths, sidewalks, ponds, open space, and vistas, as well as active facilities like swimming pools; courts, such as tennis, basketball, voll'eyball; playgrounds; picnic areas, clubhouses, and private dining facilities. No recreational areas shall be required for the Property except as set forth in the covenants..In conjunction with recordation of each subdivision plat or prior to final site plan approval for any residential uses the following covenants shall be recorded and a copy shall be provided to the CountY...~ These covenants shall not be amended for a period of twenty (20) years from the date of recordation. a. For each Cluster Residential, Cluster Condo, Townhouse, or Multi-Family residential areas at least one and half (1.5) acre of recreational'area shall be provided. For Single Family uses a minimum of l 0 acres of recreational area shall be provided for each 1000 dwelling units. c. Recreational areas may be consolidated into a single' recreational area or separated into smaller areas. Such recreational areas may include but are not limited to passive recreation such as trails, paths, sidewalks, ponds, open space, and vistas, as well as active facilities like swimming pools; courts, such as tennis, basketball, volleyball; playgrounds; picnic areas, clubhouses, and private dining facilities. d. The recreational areas for the Cluster Residential, Cluster Condo, Townhouse, or Multi-Family residential areas may be provided on-site or off-site. If provided off-site, such as a joint facility with other ClUSter Residential, Cluster Condo, TownhOuse, or Multi- Family uses, or as a part of the overall recreational areas for the single family development, the off-site facilities shall meet the following requirements: 2 -v9-Southern Land - Fhal Textual Staterri ,.,omm Page 3 (1) The existing or proposed recreational area meets the minimum cumulative acreage requirements of the Zoning Ordinance ' ' for the uses that it is proposed to serve. (2) The recreational area is within ¼ mile from the boundaries of. the Cluster Residential, Cluster'Condo,' Townhouse,-or Multi- Family residential areas. (3) The Cluster Residential, Cluster Condo, Townhouse, or Multi- Family residential areas are connected to the'recreational ' ' area by a pedestrian path, trail system, or sidewalk. (4) The Cluster Residential, Cluster Condo, Townhouse, or Multi- Family residential areas are permitted (by covenant, homeowners' association or condOminium assoCiation declaration, or other like agreement) to use the off-site recreational area or facility. " Outside public address systems or speakers shall not be used.between the' hours of 11:00 p.m. and 8:00 a.m. and used only in conjunction with a pool. With the exception of playground areas which accommodate swings~ jungle gyms, or similar such facilities, outdoor play fields, courts, swimming pools, horse boarding facilities, and similar active recreational areas facilities shall be located a minimum of one hundred (100) feet from any proposed or existing single family residential lot line and a minimum of fifty (50) feet from any existing or proposed pUblic road. ' ' Within the one hundred (100) foot and fifty (50) foot setbacks, a fifcy (50) foOt buffer shall be provided along the perimeter of all active recreational facilities except where adjacent to any existing or proposed roads. This buffer shall conform to the requirements of the Zoning Ordinance for fifty (50) foot buffers. Any playground area (i.e., areas accommodating swings, jungle gyms oi~ similar such facilities) shall be located a minimum of forty (40) feet from all property lines. A forty'(40) foot buffer shall be provided along the perimeter of these recreational facilities except where adjacent to any existing or proposed roads. This buffer shall Conform to the requirements of the Zoning Ordinance for fifty (50) foot buffers. Nothing herein shall prevent development of indoor facilities and/or parking within the one hundred (100) foot setback. Exterior lighting for recreational uses shall comply with Section 19-573 of the Zoning Ordinance, and the maximum height .for light posts shall not exceed twenty (20) feet: In conjunction with the recordation of any lot adjacent to active recreational area(s), such recreational area(s) shall be identified on the record plat along with the proposed recreational uses and required conditions. ~REAL-ES~:ENV-123 -v9,Southern Land - Fnal Textual Statern~ Comm Page.4 Co Equestrian Uses. 1. Horse riding trails shall be permitted throughout the development. ' - 2. Horse boarding facilities to include pasture and barn areas shall be permitted, if located on a minimum (15) acre parcel ("Boarding Parcel".). Anybarns 'shall be located a minimum of 150 feet from the Boarding Parcel's. property line. 3. The location of such uses shall be identified on the schematic plan. Recreational Vehicle (including boats, travel trailers, and .campers) Storage. Recreational vehicle storage lots shall be permitted throughout the development. The location of such storage lots shall be identified on the schematic plan. Storage areas shall be located a minimum of one hundred (100) feet from any proposed or existing single family residential lot line and a minimum of fifty (50) feet from any existing or proposed public road. Storage areas shall be screened from view of any proposed or existing residential development and public roads. Screening shall comply with the requirements of the Zoning Ordinance.. Parking areas shall comply either with the surface treatment requirements of the Zoning Ordinance or be constructed ora paving material or paving system is similar to "GrassyTM Pavers," "PermaTURF®," "Presto GEOBLOCK®," or "GEOWEB®." The exact method shall be approved at the time of site plan review. Where these areas are adjacent to any residential use, the storage lot lighting shall be limited to security lighting. Park and Ride Lots Park and Ride Lots shall be permitted in Tracts. H, I, or. L. Park and Ride Lots shall be located with direct access to an arterial or a collector road. A fit~y (50) foot buffer shall be provided along the perimeter of any Park and Ride Lot except where adjacent fo office or.commercial uses. This buffer shall conform to the requirements of the Zoning Ordinance for fifty (50) foot buffers except the requirements may be modified by the Planning Commission through site plan approval. No Park and Ride Lots shall contain more than 250 parking spaces unless mod. ified at the time of schematic plan approval. All Park and Ride Lots shall have a designated stop or shelter located on or immediately adjacent to the Park and Ride Lot that can accommodate buses, vans, or cars without interfering with traffic flow. The exact location and design of the stop or shelter shall be determined at the time of site plan approval. · 4 ~TE-E~N_V~ ~ .j~9-SOuthern L~,.. Page III. Requirements for Specific Tracts. A. Within Tract L the following requirements shall be met. Permitted non-residential uses shall be limited to those uses permitted in the Neighborhood BUSiness (C-2) and the Corporate Office (0-2) Districts. Such USes shall comply with the standards of the Zoning Ordinance for the respective C-2 and 0-2 Districts plUS Emerging Growth Area standards. Further, permitted residential uses shall include those uses permitted in Cluster Residential, Cluster Condo, TownhoUSe, Multi-Family, and Single Family Residential (as defined herein), provided the schematic plan insures land USe compatibility and transition. Such residential USes shall be subject to the development requirements described herein. Commercial and office uses shall be limited to a maximum of !00,000 gross square feet. "Cluster Residential" is defined as any dwelling that is located on a lot having an area of not less than 6,000 square feet but not more than 12,000 square feet. Further, in any ClUSter Residential area, lot size shall not differ by more than 2,000 square feet. Provided, however, within the ClUSter Residential area, the mixing of lot sizes that differ by more than 2,000 square feet or the mixing of attached and detached units may be permitted ifa Conceptual Plan is submitted for review and approval and the Conceptual Plan addresses land use transitions and compatibility between areas within the ClUSter Residential areas. ClUSter Residential may include detached or attached units, provided that no more than two (2) units are attached. a. Density. The overall density within each Tract or Sub-Tract containing ClUSter .Residential shall not exceed 7.0 units per gross acre. b. Lot area and width. Each lot shall have an area of not less than 6,000 square feet and a lot width of not less than fifty (50) feet. c. Percentage of lot coverage.. Ali buildings, including accessory buildings, on any lot shall not cover more than fifty (50) percent of the lot's area~ d. Yards. (1) Frontyard. Minimum often (10) feet in depth. (2) Side yard. (i) For detached units, two (2) side .yards, one (I)a maximum of five (5) feet in width, the other a minimum often (10) feet in width, with a minimum distance of fifteen(15) feet between buildings. (ii) For attached units, two (2) side yards, one (1) at zero (0) feet, the other a minimum often (10) feet in width, with a minimum distance of twenty (20) feet between buildings. eterson - REALESTATE-ENV-123 -v9-Southern Land.- Fhal Textual StatemL (3) Corner Side Yard. Minimum of twenty-five (25) feet. (4) Rearyard. Minimum of twenty-five (25) feet. e. Focal Point. A minimum of 0.75 acres of the requiredopen space shall.be located and positioned to provide a "focal point" for each Cluster Residential area. Part of the focal point shall be "hardscaped" and have benches and other amenities that accommodate and facilitate outdoor gatherings. The focal point shall be developed concurrent with the first phase of residential development of the Cluster Residential area in the Tract or Suba Tract the focal point' is intended to serve. The exact size, area, design, and location of the focal point shall be approved by the -. Planning Department at the time of tentative sUbdivisi°n approval. f. Recreational Area. A recreational area P]:6vided in accordance with II.A.2. g. Street Trees. Street trees shall be planted or retained along each side of the roads, except where adjacent to collector or arterial roads. .. h. Street Lighting. Street lighting shall be provided along each side of the roads, except where adjacent to collector or arterial roads. Streetlight fixtures, poles and lamp types shall be consistent and their design shall be compatible with the residential development. The exact height, design, and spacing shall be approved at the time of tentative subdivision plan approval. i. Landscaping. Landscaping shall be provided around the perimeter of all dwelling units. Landscaping shall complY with the ' ' requirements of the Zoning Ordinance, Sections 19-516 through 19-518(0. Landscaping shall be designed to minimize the predominance of building mass and paved areas, to define private spaces, and to enhance the residential character of the development. A conceptual landscaping plan shall be submitted . .. for review and approval in conjunction with tentative sUbdivision plan review and approval. A final landscaping design showing the exact number, spacing, arrangement, and species of plantings .shall be approved by the Planning Department prior to the issuance ora building permit for each lot. j. Sidewalks. Sidewalks shall be provided on the side of any road that has lots fronting on the road. k. Individual Lot Driveways and Parking Areas; Individual driveways and parking areas shall be "hardscaped." The exact design and treatment of driveways shall be approved at the time of tentative subdivision plan review. Cluster Residential Condominium attached or detached ("Cluster Condo") is defined as any dwelling unit that conforms to the requirements of the - · Zoning Ordinance for Residential Multi-Family (R-MF) District except -v9-Southern Land - Fnal Textual Statem, ~omm~ . Page'7 that: a- Regulation. The Cluster Condo dwelling units shall.be regulated- by the Virginia Condominium Act: b. Density. The overall density Within each Tract or Sub-Tract containing Cluster Condo shall not exceed 7.0 units per gross acre, c. Parcel area. The minimum Tract or Sub-Tract area shall be &5 acres. d. Percentage of parcel coverage. All buildings, including accessory buildings, on any lot shall not cover more than tiff7 (50) percent of the Tract or Sub-Tract area. e. Setbacks from perimeter of Tract or Sub-Tract. All structures shall be setback a minimum of 50 feet from the perimeter of the Tract or Sub-Tract. 'f. Building Setbacks from Roads and Driveways. All structures shall be set back a minimum of ten (10) feet from.roads and driveways. g. Curb and gutter. Road, driveways, and parking areas, except those that serve garages or parking spaces of individual dwelling units.. and do not provide general circulation within the Cluster Condo, shall have concrete curbs and gutters. h. Focal Point. A minimum of 0.?5 acres of the required open space shall be located and positioned to provide a "focal point" for the Cluster Condo: Part of the focal point shall be "hardscaped" and have benches and other amenities that accommodate and facilitate outdoor gatherings. The focal point shall be developed concurrent with the first phase of residential development of the Cluster Condo area in the Tract or Sub-Tract the 'focal point is intended to .serve. The exact size, area, design, and location of the focal point shall be approved by the Planning Department at the time of site plan approval. i. Recreational Area. A recreational area provided in accordance with II~.2. j. Street Trees. Street trees shall provided in accordance with. llI.A.3.g. k. Street Lighting. Street lighting shall be provided along each side of the roads, except where adjacent to collector or arterial roads; - Streetlight fixtures, poles and lamp types shall be consistent and their design shall be compatible with the-residential development. The exact height, design, and spacing shall be approved at the time of site plan approval. 1.- Landscaping. Landscaping shall be provided around the perimeter of all dwelling units. Landscaping shall comply with the requirements of the Zoning Ordinance, Sections 19-516 through 19-518(0. Landscaping shall be designed to.minimize the predominance of building mass and paved areas, to define private spaces, and to enhance the residential character ofttie 7 II J; e eterson-REALESTATE-ENV-123i · v9.Southern'Land, Fhal Textual StatemL ' - .............. ..,omm Page development. A conceptual landscaping plan shall be submitted for review and approval in conjunction with site plan review and approval. A final landscaping design showing the exact number, spacing, arrangement, and species of plantings shall be approved by the Planning Department prior to the issuance of a building permit. m. Individual Lot Driveways and Parking Areas. Individual' driveways and parking areas shall be provided in accordance with llI.A.3.k. n. Sidewalks. Sidewalks shall be provided in accordance with III.A.3.j. Residential Townhouse ("Townhouses") is defined as defined as any dwelling unit that conforms to the requirements of the Zoning'Ordinance for Residential Townhouse (R-TH) District except that: a. Density. The overall density within each Tract or Sub-Tract containing Townhouses ghall not exceed 7.0 units per gross acre. b. Parcel area. The minimum Tract or Sub,Tract area shall, be 8.5 acres. c. Group or row design. The total .number of units .within each attached group or row oftownhouses shall not exceed six (6). 'The front yard setback of each townhouse unit need not be varied provided the design of such buildings meets the requirements specified in Section 19-105 of the Zoning Ordinance as determined by the Planning Department through the subdivision plan review process.- d. Yards. (1) Frontyard. Minimum often (10) feet in depth. (2) . Rearyard. Minimum of twenty (20) feet in depth. e. Curb and gutter. Road, driveways, and parking areas, except those that serve garages or parking spaces of individual dwelling units and do not provide general circulation within the Townhouses, shall have concrete curbs and gutters. f. Focal Point. A focal point shall be provided in accordance with III.A.3.e. g. Recreational Area A recreational area provided in accordance with II.A.2. h. Street Trees. Street trees shall.provided in accordance with III.A.3.g. i. Street Lighting. Street trees shall provided in accordance with III.A.3.h. j. Common Area. Common area shall be provided in accordance with Zoning Ordinance Section 19-14(c)(2). k. Landscaping. Landscaping shall be provided in accordance with III.A.3.i. ~Pe~--' 12 -v9-Southern Land - Fhal Textual State , Com .... ~~_STATE. TENV; ................. Page-9 Bo Co \~EA~,123074.9 !. Individual Lot Driveways and Parking Areas. Individual driveways and parking areas shall be provided in accordance with III.A.3.k. m. Sidewalks. Sidewalks shall be provided in accordance with III.A:3.j. Multi-Family Uses shall be limited to Age-Restricted Dwelling Units (as described in Proffered Condition 4.a.) provided the use conforms to the requirements of the Zoning Ordinance for Residential Multi-Family (R-MF) Districts except that: a. 'The minimum parcel size shall be 7.0 acres. b. The maximum number of dwelling units per floor may exceed ten (10). c. A recreational area is provided in accordance with II.A.2. Single Family Residential Uses shall conform to the requirements 0fthe Zoning Ordinance for Residential (R-12) Districts Within 1. Tracts H and I the following requirements shall be met. The uses permitted shall be limited to Single Family Residential, Cluster Residential, Cluster Condo, Townhouse, Multi-Family residential uses, as described and regulated in III.A. and Nursing, Convalescent, and Rest Home Uses. Any Nursing, Convalescent, or Rest Home Use shall be located adjacent to Tract L and limited to Tract I only. Such uses shall comply with the standards of the Zoning Ordinance for Corporate Office (0-2) Districts in Emerging Growth Districts. The architectural style shall be compatible with surrounding development in Tract H and I. ComPatibility may be achieved through the use of similar' building massing, material, scale, or other architectural features. The uses within Tracts A, B, C, D, E, F, G, J, and K shall be limited to those uses permitted in the Residential (R-12) District. Such uses shall comply with the standards of the Zoning Ordinance for Residential (R- 12) Districts. 0 · · · !. i