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05SN0159 January 16,2007 CPC February 20, 2007 CPC l\farch 20, 2007 CPC April 25, 2007 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDA TION 05SN0159 John G. "Chip" Dick:s Matoaca Magisterial District Clover Hill Elementary; Swift Creek: Middle; and Cosby High Schools Attendance Zones South line of Hull Street Road REQUEST: Rezoning from Agricultural (A) to Residential Townhouse (R- TH) with Conditional Use Planned Development to permit exceptions for off-street park:ing requirements. PROPOSED LAND USE: A residential townhouse subdivision is planned. A maximum of 321 units are proposed, yielding a density of approximately 3.75 dwelling units per acre. (Proffered Condition 2) PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 7. AYES: MESSRS. BECKER, GULLEY, BASS, AND WILSON. NAY: MR. LITTON STAFF RECOMMENDATION Recommend approval for the following reasons: A. The proposed zoning and land use conform to the Upper Swift Creek: Plan which suggests the property is appropriate for multi-family and single-family residential Providing a FIRST CHOICE community through excellence in public service developments of varying densities, office uses and integrated commercial uses and conservation/passive recreational uses along the tributaries of Swift Creek:. B. The proffered conditions adequately 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, park:s, 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 mitigate the impact on capital facilities, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. (NOTE THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER(S) 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 (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 1. The Textual Statement, dated January 4, 2007, and the Concept Plan prepared by Townes Site Engineering, dated January 4,2007, shall be considered the Master Plan. The site shall be developed in general conformance with the Concept Plan. The shaded area on the Concept Plan shall be common area with no townhouse units south of the stream identified by Line "A" on the Concept Plan. (P) 2. The total number of townhouse units shall not exceed 321. (P) 3. The public water and wastewater systems shall be used. (U) 4. The developer or its successors in interest (collectively, the "developer") shall construct a clubhouse building and a pool on the Property to serve the residents of this new townhouse community. The developer shall receive the certificate of occupancy for the clubhouse prior to receiving the building permit for the 200th townhouse unit within the Property. (P) 5. Front-loaded garages shall be located no closer to the street than the front facade of the dwelling unit. (P) 6. Except for timbering approved by the Virginia Department of Forestry for the purpose of removing dead or diseased tress, there shall be no timbering on the Property until a land disturbance 2 05SN0159- APR25- BOS (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 7. 8. 9. permit has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) The developer shall mak:e a payment of $200 per acre (not to exceed an aggregate payment of $17,076.00 based upon a total of 85.38 acres) to the County toward the expansion of the Dry Creek: Wastewater Pumping Station. These payments shall be made prior to the issuance of the first building permit for a structure to be erected on the Property, unless the developer submits and the County approves a phasing schedule for the payment of such fees in accordance with the phases in which the Property is developed. (U) In conjunction with recordation of the initial subdivision plat or within sixty (60) days of a written request by the Transportation Department, whichever occurs first, 100 feet of right-of-way along Hull Street Road (Route 360), measured from the centerline of that part of the roadway immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) In conjunction with recordation of the initial subdivision plat or within sixty (60) days of a written request by the Transportation Department, whichever occurs first, a ninety (90) foot wide right- of-way for an east/west major arterial ("Ashbrook: Park:way") shall be dedicated from the eastern Property line to the western Property line, free and unrestricted, to and for the benefit of Chesterfield County. The exact location of this right-of-way shall be approved by the Transportation Department and shall be generally as shown on the Master Plan. (T) 10. Direct vehicular access to and from the Property onto Route 360 shall be limited to one (1) public road that aligns with the existing crossover at Cosby Road. The intersection of the public road with Route 360 shall be designed and constructed to preclude vehicles exiting the Property from traveling west on Route 360, as determined by the Transportation Department. Prior to tentative subdivision plan approval, an Access Plan for Ashbrook: Park:way shall be submitted to and approved by the Transportation Department. Direct vehicular access from the Property to Ashbrook: Park:way shall conform to the approved Access Plan. (T) 11. All roads that accommodate general traffic circulation through the development, as determined by the Transportation Department, 3 05SN0159- APR25- BOS (STAFF/CPC) (STAFF/CPC) shall be designed and constructed to VDOT standards and tak:en into the State System. (T) 12. The developer shall be responsible for: a. Construction of two lanes of Ashbrook: Park:way to VDOT urban minor arterial standards with a 50 mph design speed, with any modifications approved by the Transportation Department, from its terminus approximately 1000 feet east of Hampton Park: Drive to its terminus at Shady Bank:s Drive; the exact length, location and design of this improvement shall be approved by the Transportation Department; b. Construction of an additional lane of pavement along Route 360 for the entire Property frontage; c. Construction of additional pavement along Route 360 at the public road intersection to provide a separate right turn lane beyond the additional lane identified in 12.b; d. Construction of additional pavement along Route 360 east of the public road intersection to provide an acceleration lane. The exact length of this improvement shall be approved by the Transportation Department; e. Construction of additional pavement along the westbound lanes of Route 360 to provide a left turn lane at the existing crossover that aligns Cosby Road; f. Construction of sidewalk: along both sides of Ashbrook: Park:way that is to be constructed pursuant to Proffered Condition 12a; g. Construction of additional pavement to provide turn lanes along Ashbrook: Park:way at each approved intersection, based on Transportation Department standards; and h. Dedication, free and unrestricted to and for the benefit of Chesterfield County, of any additional right-of-way (or easements) required for these improvements. (T) 13. Prior to any site plan approval, a phasing plan for the improvements identified In Proffered Condition 12 shall be submitted to and approved by the Transportation Department. The approved phasing plan shall require, among other things, that the 4 05SN0159- APR25- BOS (STAFF/CPC) improvement identified in Proffered Condition 12.a will be open for traffic, as determined by the Transportation Department, prior to issuance of a cumulative total of more than fifty (50) certificates of occupancy on the Property, and the improvements identified in Proffered Conditions 12.b and 12.e will be constructed in conjunction with the initial development on the Property. (T) 14. The developer or its assignee(s) shall pay the following to Chesterfield County for infrastructure improvements within the service district for the Property a. Prior to the issuance of the building permit the developer or its assignee(s) shall mak:e a payment to Chesterfield County in the following amounts: 1. $15,600 per dwelling unit, if paid prior to July 1, 2007. At the time of payment, $15,600 will be allocated pro rata among the facility costs as follows: $602 for park:s and recreation; $348 for library facilities; $8,915 for roads; $404 for fire stations; and $5,331 for schools; or II. The amount approved by the Board of Supervisors not to exceed $15,600 per dwelling unit pro rated as set forth in Proffered Condition 14.a.i. above and adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2006, and July 1 st of the fiscal year in which the payment is made after June 30, 2007. III. These payments shall be made prior to the issuance of the building permit for each dwelling unit. Should Chesterfield County impose impact fees at anytime during the life of this development that are applicable to the Property, the amount paid as cash proffers shall be in lieu of, or credited toward, but not in addition to, any impact fees, in a manner determined by Chesterfield County. b. Transportation Contribution. If the developer provides the Off-Site Improvements, as defined below, approved by the Transportation Department, the cash proffer payment(s) for the roads component set forth in Proffered Condition 14.a. shall be reduced for so long as the Costs, as defined below, of the Off-Site Improvements are of equal or greater value than that which would have been collected through the 5 05SN0159- APR25- BOS (STAFF/CPC) payment(s) of the roads component of the cash proffer. Once the sum total amount of the cash proffer credit exceeds the Costs of the Off-Site Improvements, as determined by the Transportation Department, thereafter the developer shall commence paying the cash proffer as set forth in Proffered Condition 14.a. For the purposes of this proffer, the "Costs," as approved by the Transportation Department, shall include, but not be limited to, costs to the developer for right-of-way acquisition, engineering, permitting, relocation of utilities and the actual costs of construction (including labor, materials and overhead) for the Off-site Improvements. The "Off-Site Improvements" shall consist of half of the cost of the drainage conveyance structure for the crossing of Dry Creek: and construction of Ashbrook: Park:way and its sidewalk:s from the eastern Property line to its current terminus at Shady Bank:s Drive. The Transportation Department shall review and provide prior written approval of the Costs of the Off-Site Improvements. c. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. (BM & T) 15. In conjunction with the construction of the improvements noted in Proffer 12a, if approved by the owners of the open space the developer shall install the following improvements within the existing recorded open space that parallels Ashbrook: Park:way located within Hampton Park:. A plan showing these improvements shall be submitted to the Planning Department for approval at the time of submittal of road construction plans for the section of Ashbrook: Park:way set forth in Proffer 12a.: a. A walk:ing trail/sidewalk: along the south side of the existing Ashbrook: Park:way within Hampton Park: that parallels Ashbrook: Park:way to connect to the existing walk:ing trail/sidewalk: on the south side of the existing Ashbrook: Park:way and be contiguous with the walk:ing trail/sidewalk: that the developer shall install along Ashbrook: Park:way within the Property. b. Fencing along the southern side of the existing walk:ing trail starting at the southeastern intersection of Hampton Park: Drive and Ashbrook: Park:way eastward to the existing detention pond south of Ashbrook: Park:way. Fencing shall be constructed of white vinyl in a similar style to existing fencing within the Hampton Park: subdivision along 6 05SN0159- APR25- BOS Otterdale Road or of materials and style that is mutually agreeable to the Hampton Park: Community Association, Inc. and the developer at time of installation. c. A double row of evergreen trees (at least five feet tall at the time of planting) between the existing walk:ing trail to the south of Ashbrook: Park:way and the fence mentioned in Proffer 15b. in the area immediately north of the existing detention pond. This requirement may be waived by the Hampton Park: Community Association, Inc., in its reasonable discretion, if installing these trees requires removal of suitable vegetative buffer that already exists in such area. The evergreens shall be installed between 5 feet and 12 feet on center, based on the species selected by the developer for such installation. (P) GENERAL INFORMATION Location: South line of Hull Street Road, across from Cosby Road. Tax IDs 717-669-2537 and 717 -670-1030, 1751, 2877, 5998 and 8050 (Sheet 15). Existing Zoning: A Size: 85.4 acres Existing Land Use: Vacant Adiacent Zoning and Land Use: North - C-3; Commercial or vacant South - R-9; Single family residential or vacant East - R -9, R - TH; Single family residential or vacant West - A, C-3 and R-9; Single family and multi-family residential or vacant 7 05SN0159- APR25- BOS UTILITIES Public Water System: There is an existing twelve (12) inch water line extending along both the eastern and western portions of Ashbrook: Park:way that terminates approximately 800 feet east of this site, adjacent to Shady Bank:s Drive and approximately fifty (50) feet west of this site. The Upper Swift Creek: Plan recommends the use of the public water system for all development, and the applicant has proffered to do so. (Proffered Condition 3) Public Wastewater System: There is an existing twenty-four (24) inch wastewater trunk: line extending along Dry Creek:, adjacent to the southeast boundary of this site. In addition, there is an existing eight (8) inch wastewater collector line extending along a portion of the western boundary of this site to serve Hampton Park: Section 4. The Upper Swift Creek: Plan recommends the use of the public wastewater system for all development, and the applicant has proffered to do so. (Proffered Condition 3). In addition, the applicant has proffered to pay the County $200.00 per acre 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 a structure to be erected on the Property (Proffered Condition 7). The total contribution will be in the amount of $17,076.00 based on 85.4 acres. ENVIRONMENT AL Drainage and Erosion: The property drains southeast into Dry Creek: and then into Swift Creek: Reservoir, approximately 1,500 feet to the northeast. There are currently no lrnown, onsite or offsite, drainage or erosion problems with none anticipated after development. The property is wooded and should not be timbered without first obtaining a land disturbance permit from the Environmental Engineering Department and the appropriate devices installed. (Proffered Condition 6). Water Quality As noted, the property drains southeast into Dry Creek: and then into Swift Creek: Reservoir. Dry Creek: runs along the southeast border of the property and is a perennial stream that is subject to a 100 foot conservation area, inside of which uses are strictly limited. A perennial flow determination must be approved by Environmental 8 05SN0159- APR25- BOS Engineering's Water Quality section prIor to submitting a site plan or tentative subdivision. The developer must comply with the recently Amended Upper Swift Creek: Ordinance which requires the developer to handle their water quality impacts on site. 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. 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) existing stations. Based on 321 dwelling units, this request will generate approximately forty-eight (48) calls for fire and emergency medical service each year. The applicant has addressed the impact on fire and EMS. (Proffered Condition 14) The Clover Hill Fire Station, Company Number 7, currently provides fire protection and emergency medical service. When the property is developed, the number of hydrants, quantity of water needed for fire protection, and access requirements will be evaluated during the plans review process. Schools: Approximately 170 (Elementary: 74, Middle: 42, and High: 54) students will be generated by this request. This site lies in the Clover Hill Elementary School attendance zone: capacity - 759, enrollment - 899; Swift Creek: Middle School zone: capacity - 1,027, enrollment - 1,455; and Cosby High School zone: capacity - 1,750, enrollment - 1,212. The enrollment is based on September 30, 2006 and the capacity is as of 2005- 2006. This request will have an impact at the elementary and middle school levels. There are currently six (6) trailers at Clover Hill Elementary and seventeen (17) trailers at Swift Creek: Middle. A new elementary school is scheduled to open in 2007 and a new middle school is scheduled to open in 2009. The new elementary school will provide relief for Grange Hall and Spring Run Elementary Schools, and the new middle school will provide relief for Swift Creek: and Midlothian Middle Schools. This area of the county continues to experience growth and these schools will provide much needed space. This case, combined with other tentative residential developments and zoning cases in the area, would continue to push these schools to capacity. This case could necessitate some 9 05SN0159- APR25- BOS form of relief in the future. The applicant has addressed the impact of the development on schools with Proffered Condition 14. Libraries: Consistent with the Board of Supervisors' policy, the impact of development on library services is assessed countywide. Based on projected population growth, The Public Facilities Plan identifies a need for additional library space throughout the County. Development of this property would most lik:ely affect the Clover Hill Library, a proposed new library in the vicinity of Beach and Winterpock: Roads, or a proposed new library in the vicinity of Powhite Park:way and Genito Road. The Plan identifies a need for two (2) new libraries to serve this area of the County. The applicants have offered measures to address the impacts of this development on library facilities. (Proffered Condition 14) Park:s and Recreation: The Public Facilities Plan identifies the need for three (3) new regional park:s, seven (7) community park:s, twenty-nine (29) neighborhood park:s and five (5) community centers by 2020. In addition, the Public Facilities Plan identifies the need for ten (10) new or expanded special purpose park:s to provide water access or preserve and interpret unique recreational, cultural or environmental resources. The Plan 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 park:s and recreational facilities. (Proffered Condition 14) Transportation: The property is approximately 85 acres located on the south side of Hull Street Road (Route 360) between Hampton Park: Drive and Ashlak:e Park:way. The applicant is requesting rezoning to Residential-Townhouse (R- TH) and has proffered a maximum density of 321 units. Based on trip generation rates for townhouses, development of the property could generate approximately 1,700 average daily trips (ADT). Some of this traffic will be distributed to Route 360, which had a 2005 traffic count of 37,000 vehicles per day according to VDOT. Based on the volume of traffic it carried during peak: hours, the percentage of truck: traffic, the directional distribution of traffic and the existing terrain, Route 360 in this area was functioning at an acceptable level. (Level of Service C) The Thoroughfare Plan identifies Route 360 as a major arterial with a recommended right-of-way width of 120 to 200 feet. The applicant has proffered to dedicate 100 feet of right-of-way adjacent to the property in accordance with this plan (Proffered Condition 8). The Plan also identifies an east/west major arterial, Ashbrook: Park:way, through the property with a recommended right-of-way width of ninety (90) feet. The applicant has 10 05SN0159- APR25- BOS proffered to dedicate right-of-way for Ashbrook: Park:way in accordance with the Plan. (Proffered Condition 9) Direct vehicular access to major arterials should be controlled. The applicant has proffered to limit access to Route 360 to one (1) public road that aligns the crossover at Cosby Road (Proffered Condition 10). This access will be designed to preclude vehicles exiting the site from traveling west on Route 360. Proffered Condition 10 requires an access plan for Ashbrook: Park:way to be submitted to and approved by the Transportation Department. Access from the property to Ashbrook: Park:way will conform to the approved access plan. The Zoning Ordinance allows streets within townhouse developments to be privately maintained. Staff recommends that all of the main streets within this project be accepted into the State Highway System. Having these streets accepted into the State Highway System will ensure their long-term maintenance. The applicant has proffered that all streets which accommodate general traffic circulation will be designed and constructed to State (i.e., the Virginia Department of Transportation) standards and tak:en into the State System. (Proffered Condition 11) The traffic impact of this development must be addressed. In Proffered Condition 12, the applicant has committed to: 1) complete construction of Ashbrook: Park:way as a two (2) lane road from its current terminus in the Ashlak:e Subdivision to its current terminus in the Hampton Park: Subdivision, 2) construct an additional lane of pavement along Route 360 for the entire property frontage, 3) construct a separate right turn lane along Route 360 at the public road intersection, 4) construct an acceleration lane along the eastbound lanes of Route 360 for vehicles exiting the property, 5) construct a left turn lane at the existing crossover on Route 360 at Cosby Road, 6) construct sidewalk: along both sides of Ashbrook: Park:way, 7) construct turn lanes along Ashbrook: Park:way at each approved intersection, and 8) dedicate any additional right-of-way (or easements) required for these improvements. Proffered Condition 13 allows for these improvements to be phased but also requires that Ashbrook: Park:way be completed prior to the issuance of a cumulative total of more than fifty (50) certificates of occupancy. Area roads need to be improved to address safety and accommodate the increase in traffic generated by this development. The applicant has proffered to contribute cash, in an amount consistent with the Board of Supervisors' Policy, towards mitigating the traffic impact of this development (Proffered Condition 14). Proffered Condition 14 also allows 11 05SN0159- APR25- BOS for a reduction in the Transportation portion of the cash proffer if the developer constructs the off-site section of Ashbrook: Park:way. Cash proffers alone will not cover the cost of the road improvements needed in this area. There are no projects in this area currently included in the Six-Year Improvement Program. Financial Impact on Capital Facilities: PER UNIT Potential Number of New Dwelling Units 321* 1.00 Population Increase 873.12 2.72 Number of New Students Elementary 74.79 0.23 Middle 41.73 0.13 High 54.25 0.17 TOTAL 170.77 0.53 Net Cost for Schools $1,716,708 $5,348 Net Cost for Park:s 193,884 604 Net Cost for Libraries 112,029 349 Net Cost for Fire Stations 130,005 405 Average Net Cost for Roads 2,870,382 8,942 TOTAL NET COST $5,023,008 $15,648 *Based on a proffered maximum number of lots (Proffered Condition 2). The actual number of lots 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, park:s, libraries, and fire stations at $15,648 per unit. The applicant has been advised that a maximum proffer of $15,600 per unit would defray the cost of the capital facilities necessitated by this proposed development. Consistent with the Board of Supervisors' policy, and proffers accepted from other applicants, the applicant has offered cash and road improvements to assist in defraying the cost of this proposed zoning on such capital facilities. (Proffered Condition 14) 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. 12 05SN0159- APR25- BOS LAND USE Comprehensive Plan: The Upper Swift Creek: Plan suggests the property is appropriate for residential developments of varying densities, office uses and integrated commercial uses. The portion of the request property between Hull Street Road and the east/west major arterial, Ashbrook: Park:way, is designated as a Mixed Use Corridor where appropriate land uses include residential developments of varying densities up to ten (10) units per acre, as well as professional, business and administrative office park:s and integrated supporting commercial uses. This portion of the request property is approximately 52.1 acres and would yield approximately 521 dwelling units at the ten (10) units per acre suggested by the Plan. In addition, the Plan suggests the remainder of the property, approximately 33.3 acres south of Ashbrook: Park:way, is appropriate for single family residential use of 2.0 units per acre or less. This portion of the request property would yield approximately sixty-seven (67) dwelling units at the density suggested by the Plan. Therefore, the Plan suggests the property may be appropriate for up to 588 dwelling units. The development is proposed to have a maximum of 321 dwelling units. (Proffered Condition 2) The Plan further and suggests the Resource Protection Areas (RP As) along the tributaries to Swift Creek: are appropriate for conservation: passive recreation use. As previously noted, perennial streams are subj ect to a 100 foot conservation area, inside of which uses are strictly limited. The Upper Swift Creek: Plan is currently being revised. Area Development Trends: Area properties to the north are zoned C-3 and are occupied by commercial uses or are vacant. Properties to the south are zoned Residential (R-9) and are occupied by single family residential use within Ashbrook: Subdivision or are vacant. Properties to the east are zoned Residential (R-9), Residential Townhouse (R- TH) and Agricultural (A) and are occupied by single family residential use within Ashbrook: Subdivision or are vacant. Properties to the west are zoned Agricultural (A), Community Commercial (C-3) and Residential (R-9) and are occupied by single family and multi-family residential use with Hampton Park: Subdivision or vacant. It is anticipated that a mixture of residential, office and commercial uses will continue in the area as suggested by the Plan. Site Design: The 85.4 acre request property is proposed for Residential Townhouse (R- TH) zoning to be developed as a residential townhouse subdivision. The development will comply with the Zoning Ordinance requirements for Residential Townhouse (R- TH) Zoning Districts, except as provided in the Textual Statement (Attachment) for park:ing and driveways. In addition, development will be generally as depicted on the Concept Plan prepared by 13 05SN0159- APR25- BOS Townes Site Engineering, dated January 4, 2007 (Attachment) and as provided in the proffered conditions. To address concerns of area residents, no dwelling units will be permitted south of the stream as identified on the Concept Plan. (Proffered Condition 1) Front Loaded Garages: To address the visual impact of garages on the streetscape, Proffered Condition 5 establishes a front setback: for front-loaded garages. Density: Proffered Condition 2 limits the maximum number of dwelling units permitted to 321 units, yielding a density of approximately 3.75 dwelling units per acre. Park:ing: The Ordinance requires the prOVISIon of two (2) off-street park:ing spaces for each dwelling unit. An exception is requested to permit park:ing within garages to be credited towards this minimum requirement (Textual Statement). While staff supports such exception, the developer and future owners should be cautioned that it will not be possible in the future to convert garages into living space. Recreational Area: In response to concerns of area residents, Proffered Condition 4 requires specific active recreational amenities (a clubhouse and pool) to be constructed on-site prior to the issuance of building permits for more than 200 dwelling units. Link:ing the timing of improvements to the issuance of a certain number of building permits may cause track:ing/enforcement issues for staff. The requirement would best be track:ed based upon a limitation of the number of lots recorded. Improvements Along Ashbrook: Park:way: To address concerns of area property owners, a walk:ing trail/sidewalk:, fencing and landscaping will be provided within open space areas adjacent to the proposed improvements to Ashbrook: Park:way within Hampton Park: Subdivision. (Proffered Condition 15) CONCLUSIONS The proposed zoning and land use conform to the Upper Swift Creek: Plan which suggests the property is appropriate for multi-family and single-family residential developments of varying densities, office uses and integrated commercial uses and conservation/passive recreational uses. The proffered conditions adequately address the impacts of this development on necessary 14 05SN0159- APR25- BOS capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs for roads, schools, park:s, 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 mitigate the impact on capital facilities, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. Given the foregoing, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (1/16/07): At the request of the applicant, the Commission deferred this case to February 20,2007. Staff (1/17/07): The applicant was advised in writing that any significant, new or revised information should be submitted no later than January 22, 2007, for consideration at the Commission's February 20, 2007, public hearing. Also, the applicant was advised that a $500.00 deferral fee must be paid prior to the Commission's public hearing. Applicant (1/31/07): Revised proffers were submitted. Applicant (2/1/07): The deferral fee was paid. Applicant (2/2/07): Revised proffers were submitted. Applicant (2/6/07): A deferral was requested. 15 05SN0159- APR25- BOS Planning Commission Meeting (2/20/07): At the request of the applicant, the Commission deferred this case to March 20,2007. Staff (2/21/07): The applicant was advised in writing that any significant, new or revised information should be submitted no later than February 26, 2007, for consideration at the Commission's March 20, 2007, public hearing. Also, the applicant was advised that a $500.00 deferral fee must be paid prior to the Commission's public hearing. Applicant (3/6/07): Revisions to proffered conditions were submitted. To date, the deferral fee has not been paid. Applicant (3/13/07): The deferral fee was paid. Planning Commission Meeting (3/20/07): The applicant accepted the recommendation. Mr. Litton expressed concern relative to residential uses being located adjacent to Hull Street Road rather than commercial uses. On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended approval and acceptance of the proffered conditions on pages 2 through 7. AYES: Messrs. Geck:er, Gulley, Bass and Wilson NAY: Mr. Litton The Board of Supervisors, on Wednesday, April 25, 2007, beginning at 6:30 p.m., will tak:e under consideration this request. 16 05SN0159- APR25- BOS Textual Statement Dated January 4,2007 The Property shall be developed in accordance with applicable standards for the Residential- Townhouse (R- TH) District except for the alternative standards expressly stated below: Driveway and Park:ing Area. Park:ing on a townhouse lot shall be within the driveway and may be within a garage. All other park:ing shall be within common areas, within public rights-of-way, or off-site in accordance with Section 19-509(b) of the Chesterfield County Zoning Ordinance. Except for private driveways on individual townhouse lots, all roads and park:ing areas shall have concrete curbs and gutters. Private driveways/alleys shall be hardscaped, with the exact treatment to be approved at plan reVIew. 17 05SN0159- APR25- BOS This page is blank:. ~ ""II .....~ . 1'110 olio.: .", I "". 1- "- {; ~ = II j;O II ., ~ ~ l", . ~~ '<1 ~ ].. ''':...{ol J~ ..r::.rl~. r'~. I~ ' I ., -40 ~,J "'10, I ~. ~. ...~ . ~-~ ~. &0 I! ~ t"f: ~ . . . -: I:--~' . . ""'" ~. · · "k.'''f .E- ~-.- '. .....-i), . ~.~ r ~v...,..,. L~. ..- _ A .~ - Ill... This page is blank:. : 1111- ~ :t' .1 .. ili I~ 'II 1t' 4: 1., 1'grB .t'f.si. ~ .- '11': .. jI df'= -I: ,- '" ot - .....111 '.. ..~... .. .1",: II t__~ ..I,,~ .- o . ~ 1-. .; : -:-'1 .. :J... .it .. ~ '!il ",. This page is blank:.