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05SN0263-July27.pdfJuly 27, 2005 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 05SN0263 River Forest Development Company, LLC Bermuda Magisterial District Ecoff Elementary, Carver Middle and Bird High Schools Attendance Zones North line of Carver Heights Drive REQUEST: Rezoning from Multifamily Residential (R-MF) and Community Business (C-3) to Multifamily Residential (R-MF) with Conditional Use Planned Development to permit exceptions to Ordinance requirements. PROPOSED LAND USE: A multifamily condominium development containing a maximum of ninety-six (96) dwelling units is planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 8. STAFF RECOMMENDATION Recommend approval subject to the applicant adequately addressing the impact of this development on capital facilities, setbacks for structures from commercial property to the north and the project focal point. This recommendation is made for the following reasons: The proposed zoning and land use conform to the Central Area Land Use Plan which suggests the property is appropriate for community scale commercial development (C-3) integrated with townhouse and multifamily residential uses. Providing a FIRST CHOICE community through excellence in public service The proposed zoning and land use are representative of existing and anticipated area development. Co The proffered conditions do not adequately address the impact of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the need for schools is identified in the County's adopted Public Facilities Plan, Thoroughfare Plan and Capital Improvement Program and the impact of this development is discussed herein. The proffered conditions do not mitigate the impact on school facilities, thereby not ensuring that adequate service levels are maintained as necessary to protect the health, safety and welfare of County citizens. Do The Textual Statement permits a reduced setback for structures bordering the commercial zoning to the north. Retention of the full setback is necessary to provide appropriate land use transitions between conflicting land uses. mo The minimum acreage provision within one (1) of the proffered focal points fails to meet the typical standard for other cluster projects. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER 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, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County (the "Zoning Ordinance"), for themselves and their successors or assigns, proffer that the development of the property designated as Chesterfield County Tax IDs 778-651-6195, 779-651-4095, 779-652-8201 and a portion of 779-652-6471 containing a total of 24.6 acres (the "Property") under consideration will be developed according to the following proffered conditions if, and only if, the request for rezoning of the Property for RM-F with CUPD is granted. In the event the request is denied or approved with conditions not agreed to by the Developer, the proffered conditions shall be immediately null and void and of no further force or effect. If the zoning is granted, these proffered conditions will supersede all proffers and conditions now applicable to the Property. (CPC) 1. Textual Statement. In conjunction with the approval of this request, the Textual Statement dated March 23, 2005 shall be approved. (P) 2 05SN0263-JULY27-BOS (STAFF/CPC) 2. Dwelling Size and Building Materials. (STAFF/CPC) (CPC) (STAFF/CPC) o ° a° Each dwelling unit constructed on the Property shall have a minimum gross floor area of one thousand three hundred fifty (1,350) square feet. Not less than sixty (60) percent of the exposed portions of the exterior of each building constructed on the Property shall be constructed of brick veneer with the remainder of such exposed exterior portions being constructed of vinyl siding or cement board siding or other materials approved by the Planning Commission in connection with site plan review. Roofs shall be of asphalt shingles or other materials with a minimum life of 20 years. (P) Density. A maximum of ninety six (96) dwelling units shall be developed on the Property. (P) Focal Point/Recreation Areas. a° Open space/recreation areas shall be provided on each of the east and west sides of South Chalkley Road to provide focal points as one enters each entrance to the Property from South Chalkley Road and to provide passive recreation areas. Such areas shall be "hardscaped" and have benches and other amenities that accommodate and facilitate gatherings and one of such areas will include a clubhouse building with a minimum gross floor area of two thousand (2,000) square feet. The two areas together shall contain a total of not less than one and one half (1.5) acres, the area including the clubhouse shall contain a not less than one (1) acre and the other area shall contain not less than one half (.5) acre. The exact design and location of such areas shall be approved by the Planning Department at the time of site plan review. Any clubhouse building shall be developed concurrent with the first phase of development. bo Common area recreational amenities included within the Property shall be predominantly for adult use. Examples of possible amenities include swimming pools, putting greens, shuffleboard, park areas, picnic and barbecue areas and gardens. (P) Sidewalks. Sidewalks shall be provided on both sides of all rights of way for Public Roads (as defined herein). To the extent allowed 3 05SN0263-JULY27-BOS by VDOT, such sidewalks may be located within the rights of way for the Public Roads (as defined herein). In addition, a system of walking trails or pathways shall be provided within the Property which trails or pathways shall have a minimum width of four (4) feet and shall be hardscaped with asphalt. (P) (STAFF/CPC) 6. Fence and Buffer. A decorative fence shall be constructed along (i) the boundaries of the Property adjacent to South Chalkley Road (both sides) and (ii) along Branders Creek Drive for a distance of approximately two hundred forty (240) feet from South Chalkley Road. The exact design shall be approved by the Planning Department at the time of site plan review; provided, however, provision of a three (3) rail vinyl fence shall be deemed to satisfy this proffer. b° A thirty (30)foot buffer shall be provided along the northern property line of the portion of the Property located east of Chalkley Road. This buffer shall comply with the requirements of the Ordinance for Sections 19-520 through 522 except that plant density shall be increased to one and one-half times that required for Perimeter Landscape C. A solid wood or vinyl privacy fence, a minimum of six (6) feet in height, shall be incorporated into this landscaped buffer along this northern property boundary. (P) (STAFF/CPC) Street Trees. Street trees shall be installed along each side of the Public Roads (as defined herein) and along each side of common driveways within the Property. If existing trees are maintained, they may be counted toward this requirement. The exact location, spacing, size and species of plantings shall be approved by the Planning Department prior to final site plan approval. (P) (STAFF/CPC) Landscaping. Landscaping shall be provided around the perimeter of all buildings, between buildings and driveways, within medians and within common areas not occupied by recreational facilities or other structures. Landscaping shall comply with the requirements of the Zoning Ordinance Sections 19-516 through 19-518(f). Landscaping shall be designed to (i) minimize the predominance of building mass and paved areas, (ii) define private spaces and (iii) enhance the residential character of the development. The Planning Department, at the time of site plan review, shall approve the landscaping plan with respect to the exact numbers, spacing, arrangement and species of plantings. (P) 4 05SN0263-JULY27-BOS (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (CPC) o 10. 11. 12. 13. 14. 15. 16. Driveways. All private driveways shall be hardscaped with asphalt, concrete or aggregate. (P) Garages. At least sixty (60) percent of the door openings of garages within the Property shall be oriented in a manner so as not to be directly visible from the Public Roads (as defined herein). (P) Utilities. The public water and wastewater systems shall be used. (u) Concrete Curb and Gutter. Concrete curb and gutter shall be installed within the Public Roads (as herein defined). (EE) Timbering. Except for Timbering approved by the Virginia 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. (EE) Drainage. No impervious areas from buildings or paved areas used for vehicular traffic shall drain across the eastern boundary of the property adjacent to the Carver Home Sites subdivision. (EE) Virginia Condominium Act. All dwelling units on the Property shall be condominiums as defined and regulated by the Virginia Condominium Act, and all common areas and improvements therein shall be maintained by a condominium association. (P) Cash Proffer. The applicant, subdivider, or assignee(s) shall pay the amounts set forth below to the County of Chesterfield, prior to the issuance of a building permit for each new dwelling unit for infrastructure improvements within the service district for the Property: mo For all dwelling units initially constructed with more than two (2) bedrooms: $11,500.00 per dwelling unit, if paid prior to July 1, 2005. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $11,500.00 per dwelling unit as adjusted upward by 5 05SN0263-JULY27-BOS (STAFF/CPC) 17. any increase in the Marshall and Swift Building Cost Index between July 1, 2004 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2005. For all dwelling units initially constructed with two (2) or fewer bedrooms: $5,991 per dwelling unit, if paid prior to July 1, 2005. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $5,991.00 per unit (prorated as set forth below) as adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2004 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2005. o At the time of payment, the $5,991.00 will be allocated pro-rata among the facility costs as follows: $786.00 for parks and recreation, $402.00 for library facilities, $4,380.00 for roads, and $423.00 for fire stations. Payments in excess of $5,991.00 shall be prorated as set forth above. Co Building plans submitted for building permits shall designate the number of bedrooms in each dwelling unit. Do Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the Property, the amount paid in cash proffers shall be in lieu of or credited toward, but not be in addition to, any impact fees in a manner as determined by the County. Transportation. a° Prior to any site plan approval, forty-five (45) feet of right- of-way on the north side of Carver Heights Drive, measured from the centerline of that part of Carver Heights Drive, immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. 6 05SN0263-JULY27-BOS bo To provide for an adequate roadway system, the Developer shall be responsible for the following: Construction of two (2) additional lanes of pavement along South Chalkley Road, to VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Department, from its current four (4) lane section to Branders Creek Drive to provide a four (4) lane divided facility. Construction of a two (2) lane road for extension of South Chalkley Road ("South Chalkley Extended"), to VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Department, from Branders Creek Drive to Carver Heights Drive. o Relocation of the ditch along the north side of Carver Heights Drive to provide an eight (8) foot wide unpaved shoulder, with modifications approved by the Transportation Department, from South Chalkley Extended, eastward, for the entire property frontage. Construction of additional pavement along South Chalkley Extended at each approved access to provide left and right turn lanes, based on Transportation Department standards. o Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the road improvements described above. Prior to any site plan approval, a phasing plan for the required road improvements, as identified above, shall be submitted to and approved by the Transportation Department. Direct access from the Property to South Chalkley Road shall be limited to one (1) public road on each of the east and west sides of South Chalkley Road. The exact location of these accesses shall be approved by the Transportation 7 05SN0263-JULY27-BOS Department. No direct access shall be provided from the Property to Branders Creek Drive or to Carver Heights Drive. do All roads that accommodate general traffic circulation through the Property (the "Public Roads"), as determined by the Transportation Department, shall be designed and constructed to VDOT standards and taken into the State System. Setbacks from the Public Roads shall be as identified for special access streets pursuant to Section 19- 505(b) of the Zoning Ordinance. (T) GENERAL INFORMATION Location: North line of Carver Heights Drive, west of West Booker Boulevard. Tax IDs 778-651- 6195, 779-651-4095 and 779-652- Part of 6471 and 8201 (Sheet 26). Existing Zoning: C-3 and R-MF Size: 24.6 acres Existing Land Use: Vacant Adjacent Zoning and Land Use: North South East West - C-3 and C-5; Commercial or vacant A with Conditional Use and Conditional Use Planned Development and A; Construction, demolition and debris landfill or vacant - R-7; Single family residential - R-MF; Multifamily Residential (under construction) UTILITIES Public Water System: Existing twelve (12) inch water lines that extend along both Branders Creek Drive and a portion of South Chalkley Road, adjacent to the northern boundary of this site. In 8 05SN0263-JULY27-BOS addition, an eight (8) inch water line extends along the north side of Carver Heights Drive and terminates adjacent to West Booker Blvd., approximately 525 feet east of this site. Use of the public water system is intended (Proffered Condition 11). It is anticipated that a water line connecting the existing twelve (12) inch water line in South Chalkley Road to the existing eight (8) inch water line along Carver Heights Drive, will be required with the development of this site. Public Wastewater System: This site is within the service area of the Piney Branch Wastewater Pump Station, which is now under construction adjacent to Carver Heights Drive and the western boundary of this site. Use of the public wastewater system is intended (Proffered Condition 11). The proposed on-site wastewater collection system for this development will need to be sized and installed at a depth that is adequate to serve the adjacent Carver Heights Subdivision and the properties south of Carver Heights Drive, east of the landfill. ENVIRONMENTAL Drainage and Erosion: The property drains southeast and then via tributaries to Swift Creek. The site is wooded and should not be timbered without first obtaining a land disturbance permit. To insure that proper erosion control devices are in place, the applicant has addressed postponing timbering activity until a land disturbance permit has been issued and the approved devices are installed. (Proffered Condition 13) There are currently no on- or off-site drainage or erosion problems with none anticipated after development; however, there are springs and a lack of on-site drainage through the subdivision to the east, known as Carver Home Sites. The applicant has proffered that no impervious areas from buildings or paved vehicular areas will drain across the eastern boundary of the property adjacent to Carver Home Sites Subdivision. (Proffered Condition 14) 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. Fire Service: The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls are expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6) new fire/rescue stations are recommended for construction by 2022 in the Plan. In addition to the six (6) new stations, the Plan also recommends the expansion of five (5) 9 05SN0263-JULY27-BOS existing stations. Based on ninety-six (96) dwelling units, this request will generate approximately twenty-two (22) calls for fire and emergency medical service each year. The applicant has addressed the impact of this development on fire and EMS. (Proffered Condition 16). The Chester Fire Station, Company Number 1, and Bensley Bermuda Volunteer Rescue Squad currently provide fire protection and emergency medical service. When the property is developed, the number of hydrants, quantity of water needed for fire protection, and access requirements will be evaluated during the plans review process. The applicant has asked for an eight (8) foot exception to the twenty-four (24) foot pavement width requirement for private streets and driveways provided that the street or driveway is not designated as a fire lane (Textual Statement Item 8.b). When the driveway or street is designated as a fire lane the width must be a minimum of twenty (20) feet which is consistent with the Virginia Statewide Fire Prevention Code for fire lane width requirements. Therefore, the exception is acceptable. Schools: Approximately forty-nine (49) students could be generated by this development. This site lies in Ecoff Elementary School attendance zone: capacity - 782, enrollment - 789, Carver Middle School zone: capacity - 1,229, enrollment - 1,276 and Bird High School: capacity - 1,722, enrollment - 1,828. The enrollment is based on September 30, 2004 and the capacity is as of 2004-2005. This request will have an impact on all schools involved. There are currently four (4) trailers at Ecoff Elementary; nine (9) trailers at Carver Middle; and five (5) trailers at Bird High. A new middle school is in the current CIP that is proposed to open in the fall of 2009 that will provide relief for schools in this area of the County. As a result of recent redistricting which took effect in September of 2004, a number of students have been moved from Carver Middle to Chester Middle. The anticipated growth with this case, coupled with the existing zoning cases and tentative developments in this area, will significantly impact both elementary and secondary schools. The applicant has failed to adequately address the impact of this proposed development on school facilities. (Proffered Condition 16) 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 Facilities Plan identifies a need for additional library space throughout the County. The development noted in this case would most likely affect the Chester Library or the Central Library. The Plan identifies a need for additional library space in the Chester area. 10 05SN0263-JULY27-BOS The applicant has adequately addressed the impact of this proposed development on library facilities. (Proffered Condition 16) Parks and Recreation: The Public Facilities Plan identifies the need for three (3) new regional parks, seven (7) community parks, twenty-nine (29) neighborhood parks and five (5) community centers by 2020. In addition, the Plan identifies the need for ten (10) new or expanded special purpose parks to provide water access or preserve and interpret unique recreational, cultural or environmental resources. The Plan also identifies shortfalls in trails and recreational historic sites. The applicant has offered measures to assist in addressing the impact of this proposed development on these Parks and Recreation facilities. (Proffered Condition 16) Transportation: The Thoroughfare Plan identifies a proposed north/south major arterial (South Chalkley Road), with a recommended right of way width of ninety (90) feet, extending from Route 10, through the 112.5 acres, across Carver Heights Drive to Bradley Bridge Road. In conjunction with development of the 112.5 acres, the right of way for South Chalkley Road was dedicated from Route 10 to Carver Heights Drive, and part of this road was constructed as a four (4) and two (2) lane facility. In addition, right of way for an internal collector road (Branders Creek Drive) from Route 10 to South Chalkley Road was dedicated and part of the road constructed as a four (4) lane divided facility. The remaining section of Branders Creek Drive from its terminus to South Chalkley Road has recently been constructed as a two (2) lane facility as part of a multifamily residential development within the 112.5-acre project. In December 2004, the Board of Supervisors rezoned 23.8 acres of the subject property (24.6 acres) to Multifarnily Residential (R-MF) with Conditional Use Planned Development, to permit development of a residential condominium project. The applicant is now requesting R-MF rezoning of an additional 0.8 acre, which will be incorporated into the proposed condominium project. The applicant has proffered a maximum density of ninety-six (96) dwelling units (Proffered Condition 3). Based on townhouse trip rates, development could generate 620 average daily trips. The applicant intends to develop these units mostly for senior adults. Based on senior adult housing (attached) trip rates, development could generate 340 average daily trips. These vehicles will be initially distributed along Carver Heights Drive and along Route 10. Route 10 had a 2003 traffic count of 33,345 vehicles per day. The capacity of the four (4) lane section of Route 10 between Branders Bridge Road and Lewis Road is acceptable (Level of Service D) for the volume of traffic it currently carries. 11 05SN0263-JULY27-BOS The Thoroughfare Plan identifies Carver Heights Drive as a major arterial with a recommended right of way width of ninety (90) feet. The applicant has proffered to dedicate forty-five (45) feet of right of way, measured from the centerline of Carver Heights Drive, in accordance with that Plan. (Proffered Conditions 17.a.) The applicant has committed to construct an extension of South Chalkley Road ("South Chalkley Extended') through the subject property. Access to major arterials, such as South Chalkley Extended and Carver Heights Drive, should be controlled. The applicant has proffered that direct access to South Chalkley Extended will be limited to one (1) public road on each side of that roadway (Proffered Condition 17.c.). Proffered Condition 17.c. also states that no direct access will be provided from the property to Carver Heights Drive or to Branders Creek Drive. As previously stated, the applicant intends to development a condominium project. Staff recommends that all of the main streets in these types of developments be accepted into the State Highway System. Having these streets accepted into the State Highway System will insure their long-term maintenance. The applicant has proffered that all of the streets that will accommodate general traffic circulation, will be designed and constructed to State (i.e., the Virginia Department of Transportation) standards and taken into the State System. (Proffered Condition 17.d.) The traffic impact of this development must be addressed. The applicant has proffered to: 1) construct two (2) additional lanes of pavement along South Chalkley Road from its current four (4) lane section to Branders Creek Drive to provide a four (4) lane divided facility; 2) construct a two (2) lane road for South Chalkley Extended from Branders Creek Drive to Carver Heights Drive; 3) relocate the ditch along the north side of Carver Heights Drive to provide an adequate shoulder from South Chalkley Extended, eastward, for the entire property frontage; and 4) construct additional pavement along South Chalkley Extended at each approved access to provide left and right turn lanes, based on Transportation Department standards (Proffered Condition 17.b.). If a senior adult housing project is developed on the property, turn lanes are not anticipated to be warranted along South Chalkley Extended at the public road intersections. The applicant has also proffered to contribute cash, in an amount consistent with the Board of Supervisors' Policy, towards mitigating the traffic impact of this development (Proffered Condition 16). As development continues in this part of the County, traffic volumes on area roads will substantially increase. Cash proffers alone will not cover the cost of the improvements needed to accommodate the traffic increases. No public road improvements in this part of the County are currently included in the Six-Year Improvement Plan, except for a shoulder improvement project on Branders Bridge Road from Carver Heights Drive to Bradley Bridge Road, scheduled for construction in Summer 2007. 12 05SN0263-JULY27-BOS At time of site plan review, specific recommendations will be provided regarding access and internal circulation. Financial Impact on Capital Facilities: PER UNIT Potential Number of New Dwelling Units 96* 1.00 Population Increase 261.12 2.72 Number of New Students Elementary 21.70 0.23 Middle 12.10 0.13 High 15.36 0.16 TOTAL 49.15 0.51 Net Cost for Schools 531,072 5,532 Net Cost for Parks 75,744 789 Net Cost for Libraries 38,784 404 Net Cost for Fire Stations 40,800 425 Average Net Cost for Roads 422,304 4,399 TOTAL NET COST 1,108,704 I 11,549 I *Based on proffered conditions (Proffered Condition 3). The actual number of units developed and corresponding impact may vary. As noted, this proposed development will have an impact on capital facilities. Staff has calculated the fiscal impact of every new dwelling unit on schools, roads, parks, libraries and fire stations at $11,549 per unit. The applicant has been advised that a maximum proffer of $11,500 per unit would defray the cost of the capital facilities necessitated by this proposed development. The applicant has offered cash in the amount of $11,500 per unit for those having more than two (2) bedrooms and $5,991 for units with two (2) or less bedrooms (Proffered Condition 16). The reduced amount proffered for units with two (2) or less bedrooms does not adequately address the impact of this development on schools. Accordingly, the County's ability to provide adequate school facilities to its citizens will be adversely affected. Note that circumstances relevant to this case, as presented by the applicant, have been reviewed and it has been determined that it is appropriate to accept the maximum cash proffer in this case. Staff recommends that the applicant fully address the impact of this request on capital facilities in the case of those units with two (2) or less bedrooms. The Planning Commission and the Board 13 05SN0263-JULY27-BOS of Supervisors, through their consideration of this request, may determine that there are unique circumstances relative to this case that may justify acceptance of proffers as offered. LAND USE Comprehensive Plan: Lies within the boundaries of the Central Area Land Use Plan which suggests the property is appropriate for community-scale commercial development (C-3) with integrated townhouse or multifamily residential uses. A portion of the subject property, located east of South Chalkley Road, has been incorporated into the Chester Village Plan amendment which will be considered by the Board of Supervisors at their July 27, 2005 public hearing. The Plan, as recommended by the Planning Commission, suggests that this portion of the property is appropriate for community mixed use not to include new multifamily development, including apartments, townhouses, as well as individual buildings with multiple units. While this request is for multifamily development, the majority of the subject property (23.8 acres) is currently zoned for such use. The purpose of the current request is to incorporate an additional 0.8 acres into this existing R-MF tract for the purpose of spreading density with no increase in the total number of dwelling units permitted under the existing R-MF zoning. Area Development Trends: Properties to the north are zoned General Business (C-5) and Community Business (C-3) and are developed as the Ironbridge Plaza Shopping Center, commercial uses or are currently vacant. Property to the south is zoned Agricultural (A) and Agricultural (A) with Conditional Use and Conditional Use Planned Development and is occupied by a construction, demolition and debris landfill or is currently vacant. Property to the east is zoned Residential (R-7) and is occupied by single family residential dwellings and property to the west is zoned Multifamily Residential (R-MF) and is currently under construction as the River Forest Apartments project. It is anticipated that development around the intersection of the extension of Chalkley Road with Carver Heights Drive will continue for commercial and high density residential development, as suggested by the Central Area Land use Plan. Zoning History: On December 15, 2004, the Board of Supervisors, upon a favorable recommendation by the Commission, approved the rezoning of a 23.8 acre tract from Light Industrial (I-1) and Multifamily Residential (R-MF) to Multifamily Residential (R-MF) with Conditional Use Planned Development to permit exceptions to Ordinance requirements (Case 04SN0326). A multifamily condominium development containing a maximum of ninety- six (96) dwelling units was proposed. 14 05SN0263-JULY27-BOS The current request incorporates this property as well as a 0.8 acre parcel currently zoned Community Business (C-3) for the continued purpose of developing a multifamily condominium development containing a maximum of ninety-six (96) lots on a total of 24.6 acres. Site Design: Currently, the Multifamily Residential (R-MF) portion of the request permits a condominium development containing a maximum of ninety-six (96) dwelling units as part of a Conditional Use Planned Development (Case 04SN0326). Except as modified by Case 04SN0326, this development must conform to the requirements established in the Zoning Ordinance for Multifamily Residential (R-MF) Districts. As part of Case 04SN0326, the applicant requested exceptions to several of these R-MF standards. These same exceptions are noted in the current Textual Statement submitted with this application (Proffered Condition 1) as applicable to both the R-MF and C-3 portions of this request proposed for R-MF zoning. The R-MF Ordinance standards were designed to address a typical, suburban high-density residential project. The majority of the requested exceptions will allow flexibility in site design to accommodate a unique multifamily project that has a character more in keeping with a single family development. Density: The applicant has proffered a maximum of ninety-six (96) dwellings yielding a maximum density of approximately four (4) units per acre. (Proffered Condition 3) Dwelling Size, Building Materials and Garages: Proffered Conditions address a minimum dwelling size, specific building materials and the minimization of the visual impact of garage doors upon the streetscape. (Proffered Conditions 2 and 10) Cluster Standards: The requirements offered for cluster projects, such as hardscaped driveways, sidewalks, street trees and landscaping around buildings are consistent with those typically required by the Commission and Board of Supervisors on similar projects recently approved. (Proffered Conditions 5, 7, 8 and 9) Model Homes: In residential districts, model homes (sales offices) are permitted provided that, in addition to its permanent use as a dwelling, such home may be used as a temporary real estate office. Within the R-MF District, model homes are not permitted. Therefore the applicant is requesting an exception to permit model homes subject to the same 15 05SN0263-JULY27-BOS restrictions applied to such uses within residential districts. (Textual Statement, Use Exceptions, Item 2) The applicant is also requesting the use of a temporary sales office to be located first within a modular office unit and then within facilities housing recreational uses or a model home on the request property. Given that the modular office unit nor the planned recreational facilities are dwellings, sales would not be permitted. Conditions establish this use as temporary and subject to all other restrictions applied to model homes within residential districts, which will ensure the residential character of the surrounding area is maintained. (Textual Statement, Use Exceptions, Item 3) Recreation and Open Space: The Ordinance requires that not less than ten (10) percent of the gross acreage of the multifamily portion of the project be devoted to recreational use, with a minimum provision of 1.5 acres. The applicant has proffered that these common recreational areas will not include amenities primarily associated with children's play but at a minimum include a clubhouse. (Proffered Condition 4.b) Within smaller lot developments, focal points are provided in a central location to visually announce a project upon entry and create green space at the entrance of a development. Generally, focal points should be a minimum of .75 acres to provide usable open space to accommodate hardscaping and facilitate the gathering of residents. The applicant has proposed two (2) focal points, one (1) at each entrance to the property from Chalkley Road. One (1) such focal point will contain a minimum of .50 acres while the other focal point will contain a minimum of one (1) acre, for a cumulative minimum provision of 1.5 acres (Proffered Condition 4.a.). Given the project's overall size and density, the design should accommodate this minimum provision of .75 acres of focal point acreage at each of the two (2) proposed entrances. All common areas within the multifamily portion of the development must be maintained by a condominium association. (Proffered Condition 15) Buffers and Setbacks: The Zoning Ordinance requires a minimum fifty (50) foot setback for structures from project boundaries within a Multifamily Residential (R-MF) District. An exception is requested to reduce the setback along the northern project boundary, east of Chalkley Road and adjacent to the adjoining Community Business (C-3) District, from fifty (50) to thirty (30) feet. (Textual Statement, Bulk Exceptions, Item 5) Existing commercial development to the north was not required to provide a buffer adjacent to this portion of the subject property as it is was previously zoned Light Industrial (I-1). Further, the Ordinance does not require the provision of a buffer within the R-MF property. The applicant has proffered a buffer combined with a solid fence, a 16 05SN0263-JULY27-BOS minimum of six (6) feet in height, along this northern boundary adjacent to the C-3 District (Proffered Condition 6.b). Although the typical Ordinance requirement for buffers between R-MF and C-3 Districts is a minimum width of seventy-five (75) feet, the density of the proffered plant material is equivalent to that required for a fifty (50) foot buffer. This vegetation, in combination with the proposed privacy fence, should provide adequate visual mitigation from views of the neighboring commercial developments. However, the proposed setback reduction from this commercial boundary does not accomplish the full intent of the Ordinance in providing a physical separation between residential and commercial uses. Therefore, staff does not support this setback exception. Adjacent property to the east is zoned Residential (R-7). The Ordinance requires a minimum fifty (50) foot buffer along the eastern property boundary of the request site. At the time of site plan review, the Planning Commission may modify this buffer under certain circumstances. Fencing: Proffered Condition 6.a. addresses decorative fencing along South Chalkley Road and Branders Creek Drive. CONCLUSIONS The proposed zoning and land use conform to the Chester Village Plan which suggests the property is appropriate for a mix of neighborhood commercial and multifamily residential uses of 2.5 to 10.0 units per acre. The proposed zoning and land use are representative of existing and anticipated area development. However, the proffered conditions do not adequately address the impact of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the need for transportation, schools, parks, libraries and fire stations is identified in the County's adopted Public Facilities Plan, Thoroughfare Plan and Capital Improvement Program and the impact of this development is discussed herein. The proffered conditions do not mitigate the impact on school facilities, thereby not ensuring that adequate service levels are maintained as necessary to protect the health, safety and welfare of County citizens. Proffered conditions do not adequately address the typical provision of acreage and locations for project focal points. Further, exceptions to Ordinance standards for the setbacks of structures bordering the commercial zoning to the north do not provide appropriate land use transitions between conflicting land uses nor adequate separation from major arterial corridors. Given these considerations, approval of this request is recommended subject to the applicant adequately addressing the impact of this development on capital facilities, setbacks for structures from commercial tracts and the project focal point. 17 05SN0263-JULY27-BOS CASE HISTORY Planning Commission Meeting (7/19/05): The applicant did not accept staff's recommendation but did accept the Planning Commission's recommendation. There was no opposition present. On motion of Mr. Wilson, seconded by Mr. Litton, the Commission recommended approval and acceptance of proffered conditions on pages 2 through 8. AYES: Unanimous The Board of Supervisors, on Wednesday, July 27, 2005, beginning at 7:00 p.m., will take under consideration this request. 18 05SN0263-JULY27-BOS Textual Statement for River Forest Development Company, LLC March 23, 2005 Overall Description Approval for rezoning of a total of 24.6 acres located on the east and west lines of South Chalkley Road owned by River Forest Development Company, LLC and Dynamic Associates, L.L.C., designated as Chesterfield County Tax IDs 778-651-6195, 779-651-4095, 779-652-8201 and a portion of 779-652-6471 (the "Property") is being requested fi:om RM-F with a Conditional Use Planned Development and C-3 with a Conditional Use Planned Development to R-MF with a Conditional Use Planned Development to allow a modification of the permitted uses and development conditions of the R-MF District as more particularly described in this Statement. Use Exceptions Up to two (2) buildings within the portions of the Property located on each of the east and west sides of South Chalkley Road may contain as few as two (2) dwelling units. Model homes shall, be permitted subject to the requirements of Section 19-65(a) of the Zoning Ordinance. o One (1) temporary sales trailer shall be allowed during construction of the dwelling units subject to the requirements of Section 19-65(a)(2) through (5) of the Zoning Ordinance. Such unit shall be utilized for a maximum of two (2) years fi:om the date of site plan approval. At the end of the two (2) years, the modular unit shall be removed and the sales activities may be located within facilities housing recreational uses on the property. Bulk Exceptions A twenty-three (23) foot exception to the twenty-five (25) foot setback requirement for structures fi:om driveways providing access exclusively to parking areas (including garages). A fifteen (15) foot exception to the twenty-five (25) foot setback requirement for structures fi:om driveways other than those providing access exclusively to parking areas. A forty (40) foot exception to the fifty (50) foot setback requirement for structures adjacent to rights of way (Public Roads). A fifteen (15) foot exception to the fifteen (15) foot setback requirement for structures fi:om parking spaces. A twenty (20) foot exception to the fifty (50) foot setback requirement for structures from property lines along the northern line of the portion of the Property located east of South Chalkley Road. A ten (10) foot exception to the thirty (30) foot minimum distance between buildings. An exception to the requirement that driveways and parking areas have concrete curbs and gutters except as specified in the proffered conditions for the Property. The following pavement width exceptions: A six (6) foot exception to the thirty (30) foot pavement width requirement for access roads. An eight (8) foot exception to the twenty-four (24) foot pavement width requirement for other private streets and driveways; provided, however, the pavement width of any street or driveway designated as a fire lane in connection with site plan review shall be not less than twenty (20) feet. A ten (10) foot exception to the fifty (50) foot right of way width requirement for special access streets. Doc#1349590v2 ! ° O oN~ Z 0 0 ~ERS ~R. 0 o 55N 0~c~,-/ '~