06SN0215
5/21/07
Hon. Renny Humphrey
Matoaca District Supervisor
Chesterfield County
Mr. John Cogbill
Attorney
McGuire Woods
SUB: 06SN0215 McClure
Nearly a year ago I and the Foxcroft Board of Directors were asked to support a plan our
planning commissioner Wayne Bass initiated and placed into action by asking our
neighboring community land developers to join together in order to build and enhance
area roadways. This plan is still supported by the FBOD because we feel it is in the best
interest for the Foxcroft community.
Because the developer in this case has voluntarily offered to pay up-front proffers over
$1,000,000.00 and, most importantly to our community, will build a quality east-west
thoroughfare therefore relieving traffic from Fox Club Parkway we support this
development. Our focus at this time is to support better built roads that will relieve future
congestion including school traffic coming this fall with the influx of senior drivers. The
installation of Cosby Road will connect Woodlake to Otterdale Road and therefore
remove traffic from Fox Club Parkway. We support this proposal and ask Mr. McClure to
develop this community with quality first in mind and to better our road's infrastructure.
~~~
Eric J. Hodges
President
Foxcroft HOA
May 23,2007 BS
ADDENDUM
06SN0215
(AMENDED)
W. V. McClure Inc.
Matoaca Magisterial District
Woolridge Elementary; Swift Creek Middle; and
Clover Hill/Cosby High School Attendance Zones
North line of Cosby Road
REQUEST: Rezoning from Agricultural (A) and Multifamily Residential (R-MF) to
Community Business (C-3) of 69.9 acres with Conditional Use to permit
multifamily and townhouse uses and rezoning from Agricultural (A) to
Multifamily Residential (R-MF) of 8.7 acres plus Conditional Use Planned
Development to permit exceptions to Ordinance requirements.
PROPOSED LAND USE:
A mixed-use development, to include single-family, multifamily and townhouse
residential, as well as office and commercial uses is planned. This development
could yield up to 775 dwelling units and no more than ten (10) acres of
commercial/office uses.
On May 22,2007, the applicant submitted an amendment to Proffered Condition 15, correcting
the "last revised" date for the Textual Statement.
The recommendations noted in the "Request Analysis" do not change as a result of this
amendment.
(NOTE: SINCE THIS AMENDMENT WAS NOT SUBMITTED PRIOR TO
ADVERTISEMENT OF THIS CASE, THE BOARD WOULD NEED TO SUSPEND THE
PROCEDURES TO CONSIDER THIS CHANGE.)
Providing a FIRST CHOICE community through excellence in public service
-
PROFFERED CONDITION
I. Master Plan. The Textual Statement dated November 13, 2006, last revised April
2,2007, shall be considered the Master Plan. (P)
2 06SN0215-MAY23-ADDENDUM-BOS
February 20, 2007 CPC
1^1priI17, 2007 CPC
May 23,2007 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
06SN0215
(AMENDED)
W. V. McClure Inc.
Matoaca Magisterial District
Woolridge Elementary; Swift Creek Middle; and
Clover Hill/Cosby High School Attendance Zones
North line of Cosby Road
REQUEST: Rezoning from Agricultural (A) and Multifamily Residential (R-MF) to
Community Business (C-3) of 69.9 acres with Conditional Use to permit
multifamily and townhouse uses and rezoning from Agricultural (A) to
Multifamily Residential (R-MF) of 8.7 acres plus Conditional Use Planned
Development to permit exceptions to Ordinance requirements.
PROPOSED LAND USE:
A mixed-use development, to include single-family, multifamily and townhouse
residential, as well as office and commercial uses is planned. This development
could yield up to 775 dwelling units and no more than ten (10) acres of
commercial/office uses.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
AYES: MESSERS. GECKER, GULLEY AND BASS
NAYS: MESSERS. LITTON AND WILSON
Providing a FIRST CHOICE commnnity through excellence in public service
STAFF RECOMMENDATION
Recommend denial for the following reason:
The Upper Swift Creek Plan suggests the property is appropriate for mixed use, to
include office and residential uses. While the residential portion of this request is
consistent with the Plan, the proposed commercial zoning and land use portion is not.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) 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 Developers for themselves and their successors or assigns (the
"Developer") in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia
(1950 as amended) and the Zoning Ordinance of Chesterfield County, proffer that the
development of the property known as Chesterfield County Tax Identification Numbers
712-670-4080, 712-671-8544, 713-671-1799, 713-671-2000, 713-671-2660, 713-671-
4107, 713-671-7682, and 713-672-1358 (part) ("Tracts A. B, C, and D") under
consideration will be developed according to the following conditions if, and only if, the
rezoning request for C-3 with a conditional use (CU) and with a conditional use planned
development (CUPD) and R-MF with a conditional use planned development (CUPD) is
granted. In the event the request is denied or approved with conditions not agreed to by
the Developer, the proffers and conditions shall immediately be null and void and of no
further force or effect.
THE FOLLOWING PROFFERS SHALL APPLY ONLY TO TRACTS A, B, AND
C.
This application contains one exhibit for Tracts A, B, and C described as follows:
Exhibit C - Plan titled "Cosby Village, Statement of Proffers" prepared by Windswept,
and last revised 2/26/07.
1. Master Plan. The Textual Statement dated November 13,2006, last revised April
2, 2007, shall be considered the Master Plan. (P)
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06SN0215-1v1A Y23-BOS
2. Utilities.
A. The public water and wastewater systems shall be used, except for
temporary sales and/or construction office trailers.
B. Unless undertaken by others, the Developer shall complete the following
prior to issuance of the first building permit for Tracts A, B, and C:
(i) Construction of a 16" water line along Otterdale Road, from
Foxcreek Crossing to the future east-west connector road.
(ii) Construction of a water line along the future east-west connector
road, between the 16" water line in Otterdale Road (B.(i) above)
and the existing 8" water line around the Cosby Road High School
building.
(iii) Dedication of a water line easement along the Otterdale Road
frontage of Tracts Band C.
C. Prior to issuance of the 251 st building permit for Tracts A, B, and C, the
Developer shall construct a 16" water line along Otterdale Road, from the
future east-west connector road to Cosby Road.
D. The tentative subdivision plan and/or site plan for Tracts A, B, and C shall
identify future easements and access points to the on-site wastewater
collection system for the following properties: GPIN's 713-670-0110,
713-670-6548,714-670-5767,714-670-3070, and 714-671-1931. (U)
3. Timbering. Except for timbering approved by the Virginia State Department of
Forestry for the purpose of removing dead or diseased trees, there shall be no
timbering on Tracts A, B, and C until a land disturbance permit has been obtained
from the Environmental Engineering Department and the approved devices
installed. (EE)
4. Cash Proffers. In addition to the Transportation Contribution described in
Proffered Condition 11, the Developer of Tracts A, B, and C shall pay the
following to the County of Chesterfield prior to the issuance of a building permit
for infrastructure improvements within the service district for Tracts A, B, and C:
A. $6,685 per dwelling unit, if paid prior to July 1, 2007. At the time of
payment, $6,685 will be allocated pro-rata among the facility costs as
follows: $5,331 for schools, $602 for parks, $348 for libraries, and $404
for fire stations. Thereafter, such payment shall be the amount approved
by the Board of Supervisors not to exceed $6,685 per unit as adjusted
upward by any increase in the Marshall and Swift Building Cost Index
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06SN0215-1v1A Y23-BOS
between July 1,2006, and July 1 of the fiscal year in which the payment is
made after June 30, 2007. Payments in excess of $6,685 shall be prorated
as set forth above.
B. Provided, however, that if any building permits issued on Tracts A, B, and
C are for senior housing, as defined in the proffer on age-restriction, the
Developer of Tracts A, B, and C shall pay $1,354.00 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 Tracts A, B,
and C if paid prior to July 1,2007. The $1,354.00 for any units developed
shall be allocated pro-rata among the facility costs: $602 for parks, $348
for library facilities, and $404 for fire stations. Thereafter, such payment
shall be the amount approved by the Board of Supervisors not to exceed
$1,354.00 per unit as adjusted upward by any increase in the Marshall and
Swift Building Cost Index between July 1, 2006 and July 1 of the fiscal
year in which the payment is made if paid after June 30, 2007. Payments
in excess of $1,354 shall be prorated as set forth above.
C. Cash proffer payments shall be spent for the purposes proffered or as
otherwise permitted by law. Should Chesterfield County impose impact
fees at any time during the life of the development that are applicable to
Tracts A, B, and C, the amount paid in cash proffers shall be in lieu of or
credited toward, but not in addition to, any impact fees, in a manner as
determined by the county. (B&M)
5. Age Restriction. Except as otherwise prohibited by the Virginia Fair Housing
Law, the Federal Fair Housing Act, and such other applicable federal, state or
local legal requirements, dwelling units designated as age-restricted shall be
restricted to "housing for older persons" as defined in the Virginia Fair Housing
Law and no persons under 19 years of age shall reside therein. (P)
6. Senior Housing. Any dwelling units designated for senior housing as defined in
Proffered Condition 5 shall be noted on the site plan or subdivision plat. Such
dwelling units shall be grouped together as part of the same development
section(s). (P)
7. Dedication. The following rights-of-way on Tracts A, B, and C shall be
dedicated, free and unrestricted, to Chesterfield County prior to any site plan, in
conjunction with recordation of the initial subdivision plat, or within sixty (60)
days from a written request by the Transportation Department, whichever occurs
first.
A. Forty-five (45) feet of right-of-way on the east side of Otterdale Road,
measured from the centerline of that part of Otterdale Road immediately
adjacent to Tracts Band C.
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06SN0215-1v1A Y23-BOS
B. A seventy (70) foot wide right-of-way for the east/west collector (the
"East-West Road") from Otterdale Road to the eastern property line. The
exact location of this right-of-way shall be approved by the Transportation
Department. (T)
8. Access.
A. Direct vehicular access from Tracts A, B, and C to Otterdale Road shall be
limited to the East-West Road and one secondary entrance/exit or public
road (the "Secondary Access"), with the exact locations of these accesses
approved by the Transportation Department.
B. Prior to any site plan or subdivision plan approval, an access plan for the
East-West Road shall be submitted to and approved by the Transportation
Department. Access from Tracts A, B, and C to the East-West Road shall
conform to the approved access plan.
C. No direct vehicular, except for emergency or construction, access shall be
provided from Tracts A, B, and C to existing Cosby Road. (T)
9. Road Improvements. The Developer of Tracts A, B, and C shall be responsible
for the following improvements. If any of the improvements are provided by
others, as determined by the Transportation Department, then the specific required
improvement shall no longer be required by the Developer of Tracts A, B, and C.
A. Widening/improving the east side of Otterdale Road for the entire
Property frontage to an eleven (11) foot wide travel lane, measured from
the existing centerline of the road, with an additional one (1) foot wide
paved shoulder plus a seven (7) foot wide unpaved shoulder, and
overlaying the full width of the road with one and one half (1.5) inches of
compacted bituminous asphalt concrete, with modifications approved by
the Transportation Department.
B. Construction of two lanes of the East-West Road, to VDOT Urban
Collector (40 MPH) standards with any modifications approved by the
Transportation Department, from Otterdale Road to the existing western
terminus of Village Square Parkway. The exact location, length, and
design of this improvement shall be approved by the Transportation
Department.
C. Construction of left and right turn lanes along Otterdale Road at the East-
West Road intersection, if warranted, based on Transportation Department
standards.
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06SN0215-1v1A Y23-BOS
D. Construction of left and right turn lanes along the East-West Road at each
approved access, if warranted, based on Transportation Department
standards.
E. Construction of left and right turn lanes along Otterdale Road at the
Secondary Access intersection, if warranted, based on Transportation
Department standards.
F. Dedication to Chesterfield County, free and unrestricted, of any additional
right-of-way (or easements) required for the improvements identified
above. In the event the Developer is unable to acquire any "off-site" right-
of-way that is necessary for the road improvements described in this
Proffered Condition, the Developer may request, in writing, that the
County acquire such right-of-way as a public road improvement. All costs
associated with the acquisition of the right-of-way shall be borne by the
Developer. In the event the County chooses not to assist the Developer in
acquisition of the "off-site" right-of-way, the Developer shall be relieved
of the obligation to acquire the "off-site" right-of-way and shall provide
the road improvements within available right-of-way as determined by the
Transportation Department. (T)
10. Phasing Plan. Prior to any site plan or subdivision plan approval, a phasing plan
for the required road improvements, as identified in Proffered Condition 9, shall
be submitted to and approved by the Transportation Department.
11. Transportation Contribution. The Developer of Tracts A, B, and C shall be
responsible for one (1) of the following alternatives, to be selected by the
Transportation Department within ninety (90) days of approval of this request.
A. Al ternati ve 1. The developer shall pay to Chesterfi el d County, pri or to the
issuance of the building permit for the initial dwelling unit, the amount of
$1,007,395. Prior to the issuance of each building permit for a dwelling
unit in excess of a cumulative total of 113, the developer shall pay to
Chesterfield County the amount of $8,915 per dwelling unit. If the
amounts above are paid after June 30, 2007, then each amount paid shall
be adjusted upward by any increase in the Marshall and Swift Building
Cost Index between July 1, 2006 and July 1 of the fiscal year in which the
payment is made.
B. Alternative 2:
(i) Prior to the issuance of a building permit, the developer shall pay
to Chesterfield County the amount of $8,915 per dwelling unit (the
"Transportation Contribution"). If the amount above is paid after
June 30, 2007, then each amount paid shall be adjusted upward by
any increase in the Marshall and Swift Building Cost Index
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06SN0215-1v1A Y23-BOS
between July 1, 2006 and July 1 of the fiscal year in which the
payment is made.
(ii) The developer shall, prior to recordation and/or site plan approval
of a cumulative total of two hundred and fifty (250) lots and/or
dwelling units, reconstruct Otterdale Road to VDOT Urban Minor
Arterial standards with a 50 mph design speed, with any
modifications approved by the Transportation Department, from
Point A to Point B as generally shown on Exhibit C (the
"Improvements"). The exact design, location and length of the
Improvements shall be approved by the Transportation
Department. The developer shall receive a credit towards the
Transportation Contribution in an amount not to exceed the cost to
construct the Improvements so long as the cost is of equal or
greater value than that which would have been collected through
the payment(s) of the Transportation Contribution as determined
by the Transportation Department. For the purposes of this
proffer, the costs shall include, but not be limited to, the cost of
right-of-way acquisition, design costs, engineering costs, costs of
relocating utilities, environmental mitigation, and actual costs of
construction (including labor, materials, overhead, and any
overruns or change orders) ("Work"). Before any Work is
performed, the developer shall receive prior written approval by
the Transportation Department for any credit amount.
(iii) In the event the Developer is unable to acquire the necessary right-
of-way for Alternative 2, the Developer may request, in writing,
that the County acquire such right-of-way as a public road
improvement. All costs associated with the acquisition of the
right-of-way shall be borne by the Developer but shall be eligible
for credit towards the Transportation Contribution as outlined
above. In the event the County chooses not to assist the Developer
in acquisition of the right-of-way, the Developer shall be relieved
of the obligation to provide the improvements set forth in
Alternative 2; however, the Developer shall continue to pay the
Transportation Contribution as outlined in Proffered Condition
11.B.(i). (T and B&M)
12. Density. The maximum number of dwelling units permitted on Tracts A, B, and
C shall be 700 and commercial uses shall be limited to a maximum of ten (10)
acres. (P)
13. Buffers. The following buffers shall be provided:
A. A fifty (50) foot buffer shall be provided adjacent to Otterdale Road. This
buffer shall conform to the requirements of the Zoning Ordinance for fifty
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06SN0215-1v1A Y23-BOS
(50) foot buffers provided, however, the Developer of Tracts A, B, and C
may request that the Planning Commission modify the buffer requirement
at the time of site plan review or subdivision review in accordance with
Zoning Ordinance section 19-52.
B. A minimum thirty-five (35) foot buffer shall be provided adjacent to the
East-West Road. This buffer shall conform to the requirements of the
Zoning Ordinance for thirty five (35) foot buffers provided, however, the
Developer of Tracts A, B, and C may request that the Planning
Commission modify the buffer requirement at the time of site plan review
or subdivision review in accordance with Zoning Ordinance section 19-
521.
C. All required buffers shall be located within recorded open space. (P)
14. Public Streets. All streets that accommodate general traffic circulation through
Tracts A, B, and C, as determined by the Transportation Department, shall be
designed and constructed to VDOT standards and taken into the State System.
(T)
THE FOLLOWING PROFFERS SHALL APPLY ONLY TO TRACT D.
15. Master Plan. The Textual Statement dated November 13, 2006, last revised
March 20, 2007, shall be considered the Master Plan. (P)
16. Utilities. The public water and wastewater systems shall be used, except for sales
facilities and/or construction offices. (U)
17. Timbering. Except for timbering approved by the Virginia State Department of
Forestry for the purpose of removing dead or diseased trees, there shall be no
timbering on Tract D until a land disturbance permit has been obtained from the
Environmental Engineering Department and the approved devices installed. (EE)
18. Cash Proffers. The Developer of Tract D shall pay the following to the County of
Chesterfield prior to the issuance of a building permit for infrastructure
improvements within the service district for Tract D:
A. $15,600 per dwelling unit located in Tract D, if paid prior to July 1, 2007.
At the time of payment, the $15,600 will be allocated pro-rata among the
facility costs as follows: $602 for parks and recreation, $348 for library
facilities, $8,915 for roads, $5331 for school facilities, and $404 for fire
stations.
B. Provided, however, that if any building permits issued on Tract D are for
senior housing, as defined in the proffer on age-restriction, the Developer
of Tract D shall pay $10,269 per dwelling unit if paid prior to July 1,
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06SN0215-1v1A Y23-BOS
2007, or the amount approved by the Board of Supervisors, not to exceed
$10,269 per dwelling unit as adjusted upward by any increase in the
Marshall and Swift Building Cost Index between July 1, 2006 and July 1
of the fiscal year in which the payment is made if paid after June 30,2007.
At the time of payment, the $10,269 will be allocated pro-rata among the
facility costs as follows: $602 for parks and recreation, $348 for library
facilities, $8,915 for roads, and $404 for fire stations. Payments in excess
of $10,269 shall be prorated as set forth above.
C. Cash proffer payments shall be spent for the purposes proffered or as
otherwise permitted by law. Should Chesterfield County impose impact
fees at any time during the life of the development that are applicable to
Tract D, the amount paid in cash proffers shall be in lieu of or credited
toward, but not in addition to, any impact fees, in a manner as determined
by the county. (B&M)
19. Age Restriction. Except as otherwise prohibited by the Virginia Fair Housing
Law, the Federal Fair Housing Act, and such other applicable federal, state or
local legal requirements, dwelling units designated as age-restricted shall be
restricted to "housing for older persons" as defined in the Virginia Fair Housing
Law and no persons under 19 years of age shall reside therein. (P)
20. Senior Housing. Any dwelling units designated for senior housing as defined in
Proffered Condition 18 shall be noted on the site plan. Such dwelling units shall
be grouped together as part of the same development section(s). (P)
21. Dedication. A seventy (70) foot wide right-of-way for the east/west collector (the
"East-West Road") through Tract D or in an alternate location acceptable to the
Transportation Department shall be dedicated, free and unrestricted, to
Chesterfield County prior to any site plan and/or subdivision approval or within
sixty (60) days from a written request by the Transportation Department,
whichever occurs first. The exact location of this right-of-way shall be approved
by the Transportation Department. (T)
22. Access. Prior to any site plan approval, an access plan for the East-West Road
shall be submitted to and approved by the Transportation Department. Access
from Tract D to the East-West Road shall conform to the approved access plan.
(T)
23. Road Improvements. To provide an adequate roadway system, the Developer
shall be responsible for the following improvements. If any of the improvements
are provided by others, as determined by the Transportation Department, then the
specific required improvement shall no longer be required by the Developer.
A. Construction of two lanes of the East-West Road, to VDOT Urban
Collector (40 MPH) standards with any modifications approved by the
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06SN0215-1v1A Y23-BOS
Transportation Department, through Tract D or in an alternate location
acceptable to the Transportation Department. The exact location of this
road shall be approved by the Transportation Department.
B. Construction of left and right turn lanes along the East-West Road at each
approved access to Tract D, if warranted, based on Transportation
Department standards.
C. Dedication to Chesterfield County, free and unrestricted, of any additional
right-of-way (or easements) required for the improvements identified
above. In the event the Developer is unable to acquire any "off-site" right-
of-way that is necessary for the road improvements described in this
Proffered Condition, the Developer may request, in writing, that the
County acquire such right-of-way as a public road improvement. All costs
associated with the acquisition of the right-of-way shall be borne by the
Developer. In the event the County chooses not to assist the Developer in
acquisition of the "off-site" right-of-way, the Developer shall be relieved
of the obligation to acquire the "off-site" right-of-way and shall provide
the road improvements within available right-of-way as determined by the
Transportation Department.
D. Prior to any site plan approval, a phasing plan for the required road
improvements shall be submitted to and approved by the Transportation
Department. (T)
24. Density. The maximum number of dwelling units permitted on Tract D shall be
75. (P)
25. Buffers. The following buffers shall be provided.
A. A minimum thirty-five (35) foot buffer shall be provided adjacent to the
East-West Road. This buffer shall conform to the requirements of the
Zoning Ordinance for thirty five (35) foot buffers provided, however, the
Developer of Tract D may request that the Planning Commission modify
the buffer requirement at the time of site plan review or subdivision
review in accordance with Zoning Ordinance section 19-521.
B. All required buffers shall be located within recorded open space. (P)
26. Public Streets. All streets that accommodate general traffic circulation through
Tract D, as determined by the Transportation Department, shall be designed and
constructed to VDOT standards and taken into the State System, except that if a
third access road is required under Section 19-111 (h) it may be private. (T)
27. Virginia Condominium Act. All dwelling units on Tract D shall be
condominiums as defined and regulated by the Virginia Condominium Act, and
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06SN0215-1v1A Y23-BOS
all common areas and improvements therein shall be maintained by a
condominium association. (P)
GENERAL INFORMATION
Location:
North line of Cosby Road, the east line of Otterdale Road and is located in the northeast
quadrant of the intersection of these roads. Tax IDs 712-670-4080; 712-671-8544; 713-
671-1799,2000,2660,4107 and 7682; and 713-672-Part of 1358.
Existing Zoning:
A and R-MF
Size:
78.9 acres
Existing Land Use:
Vacant
Adiacent Zoning and Land Use:
North - R-MF with Conditional Use Planned Development; Vacant
South, and - A and C-3; Vacant
East - A; Public/semi-public (school and VDOT)
West - A; Single-family residential or vacant
UTILITIES
Public Water System:
There is a twenty-four (24) inch water line located along the north side of Hull Street
Road, terminating at Fox Club Parkway. There is an eight (8) inch water line around the
Cosby Road High School building, approximately 200 feet east of the request site, which
is fed by a twelve (12) inch line connected to a sixteen (16) inch line along Fox Club
Parkway. There is also a twelve (12) inch line in Foxcreek Parkway, approximately 2,000
feet northwest of the request site. The site is within the Upper Swift Creek Plan area for
which use of the public water system is recommended. The applicant has proffered to
use the public water system (Proffered Condition 2A). The applicant has also proffered
to construct a sixteen (16) inch water line along Otterdale Road, from Foxcreek Crossing
to the future east-west connector road, and a water line along the future east-west
connector road, between Otterdale Road and the existing eight (8) inch water line around
the Cosby Road High School building, and to dedicate a water line easement along the
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Otterdale Road frontage of Tracts Band C, all prior to issuance of the 18t building
permit for Tracts A, B, and C, unless said water lines are completed by others (Proffered
Conditions 2.B.). These water line connections will create a system loop, thereby
providing two supply sources for the request site, which the Utilities Department
recommends for residential development of the density being proposed. In addition, the
applicant has proffered to construct a sixteen (16) inch water line along Otterdale Road,
from the future east-west connector road to Cosby Road prior to issuance of the 2518t
building permit for Tracts A, B, and C. (Proffered Condition 2.C.)
Public Wastewater System:
The request site is within the service area of the West Branch Trunk Sewer, which
presently terminates as an eighteen (18) inch line adjacent to Fox Haven Lane in the
Foxcroft subdivision. There is an eight (8) inch wastewater collector line, constructed to
serve the adjacent Cosby Road High School, located approximately 250 feet from the
request site. The request site is within the Upper Swift Creek Plan area for which the use
of the public wastewater system is recommended. The applicant has proffered to use the
public wastewater system (Proffered Condition 2A). Wastewater service to the request
site can be obtained by an extension from the line serving the high school; however, due
to capacity limitations, a portion of that line will need to be replaced with a larger pipe,
which will be the responsibility of the applicant/future developer. It is extremely
important that that the on-site wastewater collection system for the request site be
designed and that easements are dedicated to provide direct public wastewater system
access to several adjacent properties between Cosby Road and Hull Street Road. The
applicant has proffered to identify future easements and access points for adjacent
properties on the tentative subdivision plan for the request site (Proffered Condition 2D).
ENVIRONMENT AL
Drainage and Erosion:
The subj ect property drains to the north to West Branch and then via West Branch to
Swift Creek Reservoir. There are no known on- or off-site drainage or erosion problems
and none are anticipated after development. Parts of the property are wooded and, as
such, should not be timbered without obtaining a land disturbance permit from the
Department of Environmental Engineering (Proffered Conditions 3 and 16). This will
ensure adequate erosion control measures are in place prior to any land disturbance.
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. The residential
portion of this development will have an impact on these facilities.
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Fire Service:
The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls
are expected to increase 44 to 78 percent by 2022. Six (6) new fire/rescue stations are
recommended for construction by 2022 in the Plan. In addition to the new stations, the
Plan also recommends the expansion of five (5) existing stations. Based on 775 dwelling
units, this request will generate approximately seventy (70) calls for fire and emergency
medical service each year. The applicant has addressed the impact on fire and EMS
(Proffered Conditions 4 and 17).
Clover Hill Fire Station, Number 7 and Manchester 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.
Proffered Condition 8.C. refers to a potential emergency access to Cosby Road. It should
be noted, the fire department does not support the use of an emergency access in lieu of a
required second public road access.
Textural Statement III.E. allows buildings to front on a street, alley, open space, parking
area, or courtyard. Access for fire apparatus will be evaluated at the time of site plan
review and tentative subdivision review. The approval of access for fire apparatus will
be based on the currently approved Statewide Fire Prevention Code.
Schools:
Approximately 411 (Elementary: 178; Middle: 101; and High: 132) students will be
generated by this development. This is an increase from the original number of students,
which was 123.
Currently, this site lies in Woolridge Elementary School attendance zone: capacity - 733,
enrollment - 784; 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 29, 2006 and the capacity is as of 2006-2007.
This request will have an impact on the elementary and middle school. There are
currently three (3) trailers at Woolridge Elementary and seventeen (17) trailers at Swift
Creek Middle. Tomahawk Creek Middle School is scheduled to open in the fall of 2008
that will provide relief for schools in this area of the county.
This case, combined with other tentative residential developments and zoning cases in the
zones, would continue to push these schools above capacity. This case could necessitate
some form of relief in the future. The applicant has addressed the impact of the
development on school facilities. (Proffered Conditions 4 and 17).
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Libraries:
Consistent with 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.
Development in this area of the County would most likely impact either the existing
Clover Hill Library or two (2) new branches that are recommended for this area. One (1)
new branch is to be located in the vicinity of West Beach Road and one (1) in the vicinity
of Genito Road. The applicant has addressed the impact of the development on library
facilities. (Proffered Conditions 4 and 17)
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 Public Facilities 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 identifies shortfalls in trails
and recreational historic sites. The applicant has offered measures to assist in addressing
the impact of this proposed development on parks and recreational facilities. (Proffered
Conditions 4 and 17)
Parks and Recreation would like to see pedestrian access provided to the adjacent new
Cosby High School. This could be accomplished thru a series of walkways/paths from
this site to the High School. Parks and Recreation would approve the location, treatment
of path and width, etc at the time of the first tentative subdivision.
Transportation:
The property is located at the northeast corner of Otterdale Road and Cosby Road. The
applicants are requesting rezoning to permit a variety of uses, including townhomes,
condominiums, single-family homes, and retail uses; therefore, it is difficult to anticipate
traffic generation. The property is divided into four tracts: A, B, C and D. Based on the
maximum densities in proffered conditions 12 and 24, development of the property could
generate approximately 9,700 average daily trips. These vehicles would be distributed to
Otterdale Road, which had 2006 traffic count of 2,943 vehicles per day, and Village
Square Parkway. Traffic counts were not available for this recently completed section of
Village Square Parkway.
The Thoroughfare Plan identifies Otterdale Road as a major arterial with a recommended
right-of-way width of ninety (90) feet. The applicants have proffered to dedicate right-
of-way adjacent to the property in accordance with that Plan (Proffered Condition 7.a).
The Plan also identifies a proposed east/west collector ("Village Square Parkway
Extended") through the property. The applicants have proffered to dedicate seventy (70)
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feet of right-of-way for Village Square Parkway Extended through the property In
accordance with the Plan. (Proffered Conditions 7.b and 21)
Access to major arterials, such as Otterdale Road, and collectors, such as Village Square
Parkway Extended, should be controlled. The applicants have proffered that access from
the property to Otterdale Road will be limited to Village Square Parkway Extended and
one (1) additional access (Proffered Condition 8.a). Proffered Conditions 8.b and 22
require an access plan for Village Square Parkway to be submitted to and approved by
the Transportation Department. Access from the property to Village Square Parkway
will conform to the approved access plan.
As previously stated, the property will be developed for various types of residential uses.
Staff recommends that all of the main streets in this development 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 of the
streets that will accommodate general traffic circulation will be designed and constructed
to VDOT standards and taken into the State System. (Proffered Conditions 14 and 26)
The traffic impact of this development must be addressed. The applicant has proffered
the customary road improvements such as construction of Village Square Parkway
through the property, widening and shoulder improvements along Otterdale Road for the
entire property frontage, and construction of turn lanes along Otterdale Road and along
Village Square Parkway Extended based on Transportation Department standards.
(Proffered Conditions 9 and 23)
Construction of the left turn lane along Otterdale Road at the Village Square Parkway
Extended intersection may require acquisition of off-site right-of-way. According to
Proffered Condition 9.f, if the developer needs off-site right-of-way for any of the
proffered road improvements and is unable to acquire it, 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 right-of-way acquisition, the developer will not be obligated to acquire the off-
site right-of-way and will only be obligated to construct road improvements within
available right-of-way.
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. Otterdale Road will be directly impacted by development
of this property. Sections of Otterdale Road are narrow with no shoulders, substandard
horizontal and vertical curves and large trees located close to the edge of pavement. The
capacity for this section of Otterdale Road is acceptable (Level of Service D) for the
volume of traffic it carried.
For Tracts A, Band C, the applicant has proffered to provide one (1) of two (2)
alternatives, to be selected by the Transportation Department within ninety (90) days of
the approval of this request, towards mitigating the traffic impact of this development.
The first alternative requires the developer to pay $1,007,395 prior to the issuance of the
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first residential building permit and $8,915 for every dwelling unit in excess of 113. The
second alternative requires the developer to pay $8,915 per dwelling unit and, prior to
more than 250 dwelling units, reconstruct a substandard curve on Otterdale Road just
north of the property. This proffered condition would allow the developer to receive a
credit, in an amount equal to the cost to provide the improvements, towards the $8,915
per dwelling unit payment. For Tract D, 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 18).
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 increases in traffic. No public road improvements in this
part of the county are currently included in the Six-Year Improvement Program.
During site plan and subdivision review, specific comments will be provided regarding
the phasing of improvements and access locations.
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 775* 1.00
Population Increase 2,108 2.72
Number of New Students
Elementary 180.58 0.23
Middle 100.75 0.13
High 130.98 0.17
TOTAL 412.30 0.53
Net Cost for Schools $4,144,700 $5,348
Net Cost for Parks 468,100 604
Net Cost for Libraries 270,475 349
Net Cost for Fire Stations 313,875 405
Average Net Cost for Roads 6,930,050 8,942
TOTAL NET COST $12,127,200 $15,648
* Based on a proffered maximum of 775 dwelling units (Proffered Conditions 12 and 23). The
actual number of units and the 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 $15,648 per unit. The applicant has been advised that a maximum proffer of
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$15,600 per unit would defray the cost of the capital facilities necessitated by this proposed
development. The applicant has been further advised that a maximum proffer of $10,269 per
unit would defray the cost of capital facilities necessitated by development of the age-restricted
portion of the proposed development, as it will not have an increased impact on school facilities.
The applicant has offered cash and a transportation contribution to address the impact of
development of Tracts A, B, and C on capital facilities (Proffered Conditions 4 and 11). The
transportation contribution can be paid, at the county's option, either on a per-dwelling unit basis
or as a combination of one lump sum amount and subsequent per dwelling unit payments. To
address the impact of developing Tract D, the applicant has offered to pay cash on a per-dwelling
unit basis (Proffered Condition 17). The proffers, as offered in this case, adequately address the
impact of this development on all categories of capital facilities.
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.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is
appropriate for mixed use corridor uses. Appropriate uses would include residential and
corporate office uses. The Plan is currently being revised. The draft Plan, as
recommended by the Planning Department, also suggests office/residential mixed use as
appropriate for this property.
Area Development Trends:
Adjacent property to the north is zoned Multifamily Residential (R-MF) and Agricultural
(A) and is being developed for multi-family uses or remains vacant. Adjacent property to
the south is zoned C-3 and A and remains vacant. Adjacent property to the east and west
is zoned Agricultural (A) and occupied by single-family residential and public/semi-
public uses or is vacant. It is anticipated a mixture of residential and office development
will continue in this area around the Otterdale/Cosby Roads intersection, consistent with
the Plan.
Site Design:
The 78.6 acre property is proposed for Multifamily Residential (R-MF) and Community
Business (C-3) zoning and could be developed for single-family, multi-family and
townhouse units; model homes; and commercial uses, all of which are discussed in
further detail herein (Textual Statement IV. And V.). In addition, recreational facilities
designed to serve the development are proposed (Textual Statement IV.B.b. and
V.C.1.a.).
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06SN0215-1v1A Y23-BOS
The property is divided into four (4) development tracts as depicted in the plan titled "Tract
Plan", prepared by designforum, dated October 2006, last revised March 2006 (Exhibit
A). Tracts A, Band C will have a traditional neighborhood design, which includes
sidewalks, street trees, open spaces and alleys serving the rear of some dwelling units
(Textual Statement II and III.). The Tracts' locations and sizes, including further
divisions into Sub-tracts, may be modified so long as land use transitions and
compatibility between different uses are addressed. In addition, uses within Tracts A, B
and C will be located and developed as generally depicted on the plan titled "Conceptual
Master Plan", prepared by designforum, dated October 2006, last revised March 2007
(Exhibit B), and as provided in the proffered conditions.
Unless specifically regulated by the Textual Statement, the development of commercial and
office uses must conform to the Emerging Growth District requirements of the Zoning
Ordinance for Community Commercial (C-3) Districts. The purpose of the Emerging
Growth District Standards is to promote high quality, well-designed projects. These
standards address access, parking, landscaping, architectural treatment, setbacks, building
height, signs, buffers, pedestrian access, lighting, utilities and screening of dumpsters,
loading areas and outside storage.
Uses: Specific Tracts:
Tract A:
Within Tract A, uses would be restricted to single-family and two-family residential
units, townhouses, multifamily units, condominiums, nursing, convalescent and rest
homes, and rental and management offices. In addition, model homes, public and
private profit-making clubs, recreational uses and accessory uses as allowed in R- TH
and R-MF Districts would be permitted. (Textual Statement IV.B and C)
Tract B:
Tract B is proposed for development with single-family units, townhouses,
multifamily units, public and private profit-making clubs, condominiums, adult and
family daycare homes, and accessory uses as allowed in R- TH and R-MF Districts
(Textual Statement IV.B). In addition, commercial uses may be allowed within this
tract, provided they are located along Otterdale Road or the East/West Road, and as
further restricted by Proffered Condition 12. (Textual Statement IV.A. and B.)
Tract C:
Tract C, the southwestern portion of the property, would be limited to commercial
and office uses and mixed-use buildings, defined as multi-story buildings that
accommodate a combination of commercial and/or residential and/or office uses
within the same structure. (Textual Statement IV.A.)
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06SN0215-1v1A Y23-BOS
Except as modified in the Textual Statement, all uses in Tract C shall conform to
the requirements of the Emerging Growth District Standards for office and
commercial uses. In addition, commercial uses are limited to an area of no more
than ten (10) acres. (Proffered Condition 12)
Commercial zoning and land uses, as proposed by the applicant are inconsistent
with the recommendations of the Plan and are not supported by staff.
Tract D:
Tract D is proposed for development with attached and detached multifamily units,
recreational facilities, model homes and adult daycare centers (within active
recreational facilities). (Textual Statement V.C. and D.)
Special Development Standards:
It should be noted, the Textual Statement stipulates other than standards established by
covenants or other documents prepared by the developer or required by the building code,
there shall be no bulk requirements for Tracts A, Band C, except as set forth in the Textual
Statement or proffered conditions. (Textual Statement III.F.)
Garage Orientation:
In Tract D the applicant has agreed front loaded garages will be located no closer
to the street than the front facade of the dwelling unit (Textual Statement V.D.2.).
This is consistent with the current standards for front loaded garages. Within
Tracts A, Band C, the applicant has offered that front loaded garages may project
up to four (4) feet from the front fa<;ade of the dwelling unit (Textual Statement
III.C.9.). Through this zoning, the applicant is also requesting
reductions/elimination of some bulk requirements, including building setbacks
(Textual Statement III.C.9.). With the resulting potential for dwellings to be
significantly closer to the road, the appearance of garage doors along adjoining
streets becomes an important design issue because of their potential negative
visual impact on the streetscape.
Parking:
The Ordinance requires the minimum provision of two (2) off-street parking
spaces for each residential single family, multifamily and townhouse unit, except
multifamily units restricted to "housing for older persons" which requires the
minimum provision of 1.2 parking spaces for each such unit. The applicant is
requesting that any "housing for older persons", to include single family and
townhouse, provide a minimum of 1.2 parking spaces for each unit (Textual
Statement III.C.3). All other residential uses would provide parking at a rate of
2.0 spaces per dwelling unit (Textual Statement III.C.2. and V.D.2.), except for
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06SN0215-1v1A Y23-BOS
attached units with individual units on each floor in Tract D, which shall have a
provision of 1.5 spaces per dwelling unit. (Textual Statement V.D.2)
For commercial or office uses, parking would typically be calculated at shopping
center standards of 4.4 spaces for every 1000 gross square feet of uses. Given the
urban character of this development, it would be appropriate to permit a reduction
in the required spaces consistent with Ordinance requirements for Village
Districts, or at approximately 4.0 spaces for every 1000 gross square feet with a
credit for on-street parking, where permitted. The applicant is requesting that
parking be provided at 3.4 spaces for every 1000 gross square feet of commercial
and office uses. (Textual Statement III.C.4)
It is requested that on-street parking be allowed to count towards the required
number of parking spaces for all uses. Further, parking would not be required on-
site for any use (Textual Statement III.C.1. and 6.). With no data to substantiate
reduction in parking requirements for age-restricted single family and townhouse
residential products, staff cannot support exceptions to the parking standards of
the Ordinance beyond those for Village Districts.
Parcel Frontage and Setbacks:
Buildings are to front on streets, and alley, open spaces, parking areas or
courtyards with appropriate access easements (Textual Statement III.E. and
IV.B.2.b.). To accommodate a traditional neighborhood design, building setbacks
will not be required from lot/parcel lines and internal road (Textual Statement
III.F).
Sidewalks and Street Trees:
The applicant has agreed to provide sidewalks and street trees along each side of
public streets (Textual Statement III.A and B). It is further noted, the Parks and
Recreation Department has indicated a desire to see a pedestrian connection to
Cosby High School, to the east. Such connection would be reviewed and
approved at time of plan approval.
Residential Density:
The request will allow a maximum of 775 dwelling units, yielding a density of
approximately 9.8 dwelling units per acre (Proffered Conditions 12 and 23). As the land use
plan suggests, a density of up to ten (10) units per acre, the proposed residential uses comply
with the Plan relative to density.
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Age Restriction:
Proffered Conditions 5 and 18 provide for the option of limiting occupancy of some or all
of the proposed dwelling units to "housing for older persons" as defined in the Virginia
Fair Housing Law. While during the initial marketing of the project this restriction may
be clear to prospective occupants, there is a risk that long-term, dwelling units may be
sold or rented to individuals that do not meet this age-restriction. Given staff s inability
to pro-actively enforce this condition prior to the purchase and occupancy of dwelling
units, staff recommends that these proffers not be accepted.
Proffered Conditions 6 and 19 require any housing units designed for occupancy by
seniors to be grouped together and identified on site plans or subdivision plats in an effort
to accurately track the impacts on capital facilities and long term enforcement of the
occupancy restrictions.
Recreational Facilities and Focal Point:
Passive and active recreational uses limited to facilities and uses that primarily serve the
surrounding residential community would be permitted within Tracts Band D (Textual
Statement IV.B. and V.C.). Such uses include, but are not limited to, picnic areas, trails,
sidewalks, ponds, swimming pools, outdoor courts, and clubhouses. The Textual
Statement provides for setback restrictions to minimize the impact of such recreational
uses on surrounding residential development. (Textual Statement IV.B.1.b. and V.C.1.a.)
An area containing a minimum of 4,000 square feet is to be provided as an amenity, as
depicted on Exhibit B. This amenity is to serve as a focal point to the development and is
to include benches to facilitate gatherings (Textual Statement II.D.). Typically, a focal
point is provided within each section of such developments. Staff would recommend the
typical standards for focal points for this proposal.
Buffers and Screening:
To provide a visual separation between the requested uses and area roads the applicant
has offered a fifty (50) foot buffer along Otterdale Road and a minimum thirty-five (35)
foot buffer adjacent to the East-West Road (Proffered Conditions 13 and 24). These
buffers are to be located in recorded open space and may be modified by the Planning
Commission during plan review.
Through this request the applicant is seeking an exception to the requirement in the
Subdivision Ordinance to provide buffers adjacent to residential streets (Textual
Statement III.G.2.). Since this is a Subdivision Ordinance requirement, exception cannot
be granted through the zoning process. Staff recommends this item of the Textual
Statement not be accepted.
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CONCLUSIONS
The Upper Swift Creek Plan suggests the property is appropriate for mixed use, to include office
and residential uses. While the residential portion of this request is consistent with the Plan, the
proposed commercial zoning and land use portion is not in compliance. The Plan anticipates
commercial zoning and land uses occurring along the Hull Street Road corridor and in the
northwest quadrant of Hull Street and Otterdale Roads.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (2/20/07):
On their own motion, the Commission deferred this case to April 17, 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 April 17,2007, public hearing.
Applicant (2/27/07,2/28/07,3/7/07,3/20/07,4/2/07, and 4/5/07)
Revisions to the proffers and Textual Statement were submitted.
Planning Commi ssi on Meeting (4/1 7 /07):
The applicant did not accept the recommendation. There was OpposItIon present.
Concerns were expressed relative to the reduced cash proffer for age restricted units and
the fact that impacts are based on countywide averages which includes dwelling units
which do not have school age children; the location of commercial uses along Otterdale
Road rather than internal to the development; the location of the assisted living adjacent
to the high school and the potential compatibility issues; the lack of open space
throughout the project; the impacts on water quality and the transportation impacts; and
the timing of the development in relationship to road improvements.
There was one (1) person present representing the property owner. They indicated the
plan represents quality, mixed use development.
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Mr. Bass suggested that a deferral may be in order to allow the Board of Supervisors to
arrive at decisions related to area road improvement discussions with the developers of
Magnolia Green. The applicant opposed a deferral indicating this project coupled with
the adjacent Greenwich development would complete the east/west connector road shown
on the Thoroughfare Plan.
Discussions ensued relative to the timing of development and the phasing of the road
improvements and the transportation proffers. There was general agreement that the
proposal represents desired mixed use development.
Mr. Wilson indicated that the proposal represents smart growth and the applicants had
agreed to accelerate their payment of the cash proffers to address transportation impacts.
The applicant indicated they would be willing to modify the proffers related to
transportation prior to the Board meeting.
On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended denial.
AYES: Messrs. Gecker, Gulley and Bass
NAYS: Messrs. Litton and Wilson
The Board of Supervisors, on Wednesday, May 23,2007, beginning at 6:30 p.m., will take under
consideration this request.
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Textual Statement
Cosby Village
November 13,2006
Comments Received January 22,2007, Revised January 22,2007
Revised February 27,2007
Comments Received March 16,2007, Revised March 20,2007
Comments Received March 23,28, and 29,2007, Revised April 2, 2007
This application contains two (2) exhibits described as follows:
Exhibit A - Plan titled "Tract Plan," dated October 2006, last revised March 2007, prepared by
designforum, showing Tract boundaries.
Exhibit B - Plan titled "Conceptual Master Plan," dated October 2006, last revised March 2007,
prepared by designforum, showing use locations.
I. Rezone. Rezone 69.9:i: acres (the "Property") from A and R-MF to C-3 with a
Conditional Use Planned Development ("CUPD") and Conditional Use ("CU") to permit
zoning ordinance exceptions as described herein, and as provided in the accompanying
proffers.
II. General Conditions for Tracts A~ B~ and C.
A. The development shall have a traditional neighborhood design with a mix of
residential and non-residential uses located close to the sidewalks, the streets lined
with trees, areas designated as common open space, and in some instances alleys
serving the rear of dwelling units.
B. To accommodate the orderly development of Tracts A, B, and C, the Tracts shall
be located as generally depicted on the Tract Plan, but their location and size,
including further divisions into Sub-Tracts (a designated portion of a Tract), may
be modified (such as moving the location of a Tract boundary) so long as the
parcels generally maintain their relationship with each other and any adjacent
properties. A plan for Tract modification shall be submitted to the Planning
Department for review and approval. Such plan shall be subject to appeal in
accordance with the provisions of the Zoning Ordinance for Site Plan appeals.
Sub- Tract divisions may be created at the time of Tentative Subdivision or Site
Plan approval and shall not require a separate review as a Tract modification,
provided there is no adjustment in the overall Tract boundary.
C. Development shall be designed as generally depicted on the Conceptual Plan.
Specifically, the general relationship between the uses in each Tract to adjacent
Tracts shall be maintained. Within Tracts, development shall be generally
designed with interconnected streets, except for those parking areas located along
1
streets, and with a pedestrian emphasis throughout the project. Further, the
location of uses within each Tract may be modified so long as the nature of the
transitions between that Tract and adjacent Tracts as well as adjacent properties is
maintained. A plan for modification to the Conceptual Plan shall be submitted to
the Planning Department for review and approval. Such plan shall be subject to
appeal in accordance with the provisions of the Zoning Ordinance for Site Plan
appeals.
D. The Amenity depicted on Exhibit B shall serve as the focal point for the project
and shall be located generally as shown on Exhibit B. The Amenity shall have a
minimum area of 4,000 square feet; shall be interconnected via the pedestrian
ways within Tracts A, B, and C; and shall include at least two benches to
encourage neighborhood gatherings. The area around the benches shall be
hardscaped and the benches shall be made of low maintenance materials and
anchored in place.
III. Requirements and Exceptions for Tracts A~ B~ and C.
A. Sidewalks.
Generally, sidewalks shall be located on both sides of all public streets.
Sidewalks shall be provided to facilitate pedestrian access within the project.
B. Street Trees.
Street trees shall be planted or retained along each side of all public streets where
sidewalks are required.
C. Parking.
1. If on-street parking is permitted, those spaces shall be counted towards the
required number of parking spaces for all uses.
2. Except for "housing for older persons," residential units shall provide
parking based on 2.0 spaces per dwelling unit.
3. "Housing for older persons" shall provide parking based on 1.2 spaces per
dwelling unit.
4. Commercial or office uses shall provide parking based on 3.4 spaces/1,000
square feet of gross floor area.
5. Parking may be further reduced based on Zoning Ordinance Section
19-512.
6. Parking shall not be required on each parcel or site where the use is
located, but rather may be provided off-site, including on-street parking,
2
subject to approval at the time of plans review, which may include
requirements for easements.
7. Parking areas, except for those located within streets, shall be generally
located so as to minimize their exposure to internal roads. Generally,
parking areas shall be located to the side or rear of buildings, or within
courtyard areas or located where the buildings along Otterdale Road and
the East/W est Road minimize the visual impact of the parking from such
roads.
8. Any garage parking or other type of enclosed and/or covered parking area
shall be counted toward the calculation of the required parking spaces,
including tandem garage spaces.
9. Front loaded garages shall project no greater than four (4) feet from the
front fa<;ade of the dwelling unit.
D. Alleys.
1. All private driveways and alleys serving residential uses shall be
hardscaped but shall not require curb and gutter unless they provide access
to parking areas for more than five (5) cars.
2. When provided, alleys will be located within a minimum sixteen (16) foot
wide private easement.
3. Alley pavement shall be a minimum of twelve (12) feet in width.
E. Frontage.
All buildings shall front on a street, alley, open space, parking area, or courtyard.
F. Setbacks.
1. Other than those standards established by the covenants or other
documents prepared by the developer or that might be required by the
building code, there shall be no bulk requirements except as may be set
forth in this Textual Statement or the proffers. This includes but is not
limited to: minimum lot area, percent of lot coverage, parcel size, lot
width, yards (front, corner, corner side, through lots, rear, side) or
setbacks, density requirements, or number of dwelling units on anyone
floor area. Provided however, that corner side yards shall meet sight
distance requirements as may be established at the time of Subdivision
Plan/Site Plan review.
2. No setback from interior private driveways, parking areas, or streets shall
be required for buildings or structures.
3
G. Buffers.
1. In keeping with the mixed-use nature of the development, no buffers shall
be required between various uses; however, landscaping shall be provided
throughout Tracts A, B, and C.
2. No residential street buffers as set forth in the Subdivision Ordinance shall
be required except as set out in the proffers. The sidewalks and street
trees shall provide separation from the street and public areas.
H. Height.
All buildings and structures shall be a maximum of six stories or 70 feet in height
whichever is less. The maximum height of accessory buildings and structures
shall be one-half the height of the principal building or 25 feet, whichever is
greater.
IV. Requirements for Specific Tracts.
A. Tract C (Commercial).
1. Permitted uses shall be limited to the following and as further set forth in
Proffered Condition 12:
a. Uses permitted by right and with certain restrictions in the
Neighborhood Business (C-2) District.
b. Accessory uses permitted in the C-2 Zoning District.
c. Hotels.
d. Mixed-Use Buildings, defined as multi-story buildings that
accommodate a combination of commercial and/or residential
and/or office uses within the same structure.
e. Outside display of merchandise for sale as an accessory use to a
permitted use subject to the following provisions:
(i) Such merchandise is located within covered sidewalks or
courtyard areas.
(ii) Such areas are designated for such use.
(iii) Pedestrian walkways are maintained.
f. Prepared food and fruit and vegetable vendors, provided that:
(i) Only prepared food and fruits and vegetables shall be sold.
4
(ii) They shall be permitted only on a lot or parcel occupied by
a permanent use.
(iii) They shall be located where improved permanent parking
facilities are available for their use, provided that the
required minimum and most convenient parking spaces for
the existing permanent use shall not be used.
(iv) Any temporary structure, vehicle, sign or other material
associated with or resulting from the use shall be removed
from the lot or parcel no later than twenty-four (24) hours
following the end of the temporary sale cessation of the
use.
g. Travel agencies to include travel arranging and transportation
ticket services.
2. Requirements.
a. No building exterior (whether front, side or rear) which would be
visible to any A, R, R-TH, R-MF, MH or 0 district or any public
right-of-way shall consist of architectural materials inferior in
quality, appearance or detail to any other exterior of the same
building. Nothing in this section shall preclude the use of different
materials on different building exteriors, but rather shall preclude
the use of inferior materials on sides which face adj oining
property. No portion of a building that is constructed of unadorned
concrete block or corrugated and/or sheet metal shall be visible
from any adjoining A, R, R-TH, R-MF, MH or 0 district or any
public right-of-way. No building exterior shall be constructed of
unpainted concrete block or corrugated and/or sheet metal.
Architectural treatment of buildings shall be compatible within the
Tract. Compatibility may be achieved through the use of similar
building massing, materials, scale, colors and other architectural
features, and/or style.
b. Any record plat or site plan for lots adjacent to the proposed
commercial uses shall note the potential for commercial use or
office development adjacent to such lots.
c. Development shall be oriented away from Otterdale Road to create
an internal focus and to avoid typical "strip commercial"
characteristics.
B. Tract B (Residential)
1. Permitted uses shall be limited to:
5
a. Uses permitted in Tract C, provided such uses are located
generally along Otterdale Road or the East/West Road. Any
commercial use shall be oriented away from Otterdale Road to
create an internal focus and to avoid typical "strip commercial"
characteristics. The uses shall be further limited as set forth in
Proffered Condition 12.
b. Recreational Facilities
(i) Community recreational facilities shall be permitted for use
by residents of the community. Separate recreation areas
for the various types of residential units are not required.
The recreational uses shall be limited to facilities and uses
that primarily serve the surrounding residential community
including but not limited to passive recreation (i.e.: formal
courtyards, parks, plazas, mews, picnic areas, trails, paths,
sidewalks, ponds, open space, and vistas) and active
facilities (i.e.: swimming pools, outdoor courts, and
clubhouses).
(ii) Outside public address systems or speakers shall not be
used between the hours of 11 :00 p.m. and 8:00 a.m. and
shall only be used in conjunction with a pool.
(iii) Outdoor play fields, outdoor courts, swimming pools, and
similar active recreational areas facilities shall be located a
minimum of 100 feet from adjacent property external to the
development and designated by the Comprehensive Plan
for residential development. Active recreation facilities
shall be located a minimum of fifty (50) feet from existing
or proposed public roads. Within the 100-foot setback, a
fifty (50) foot buffer shall be provided along the perimeter
of all active recreational facilities except where adjacent to
any existing or proposed roads. This buffer shall conform
to the requirements of the Zoning Ordinance for fifty (50)
foot buffers. The applicant may request that these buffers
and setbacks be modified by the Planning Commission at
the time of site plan review. Such setbacks and buffers
shall not apply to passive recreational uses or playground
areas which accommodate swings, jungle gyms, or similar
such facilities.
(iv) Any playground areas (i.e., areas accommodating swings,
jungle gyms or similar such facilities) shall be located a
minimum of forty (40) feet from adjacent property external
to the development and designated by the Comprehensive
Plan for residential development. Within this forty (40)
6
foot setback, a buffer (which may be less than 40' in width)
shall be provided along the perimeter of these recreational
facilities except where adjacent to any existing or proposed
roads. This buffer shall conform to the requirements
(except in width) of the Zoning Ordinance for fifty (50)
foot buffers. The applicant may request that these buffers
and setbacks be modified by the Planning Commission at
the time of site plan review.
c. Yard sales associated with residential uses, provided that the sale:
(i) Is accessory to a principal use on the same property
(ii) Does not exceed two days in duration
(iii) Is conducted by the owner or lessee of the property on
which it occurs and includes only personal property owned
by the seller and usual to a household
(iv) Does not occur on the same property more than four times
in anyone calendar year and not more than twice within a
30-day period.
d. Single Family Units.
e. Townhouses.
f. Multi-Family Units.
g. Adult day care.
h. Model homes, in accordance with Zoning Ordinance Section
19-65(a).
1. Public and private profit-making clubs.
J. Condominium units defined as a form of ownership where the land
is held in common and the individual unit is held in fee. Any of
the permitted uses may be designed as condominiums.
k. Family day-care homes, provided that no more than five children
exclusive of the provider's own children and any children who
reside in the home receive care at anyone time during a 24-hour
day.
I. Accessory uses permitted in the R- TH and R-MF Zoning Districts.
2. Requirements.
7
a. The maximum height of accessory buildings and structures shall be
one-half the height of the principal building or 25 feet, whichever
is greater.
b. Road frontage for dwelling units shall not be required provided
there is access to a public road via an easement or right of way and
that such dwelling unit fronts on an alley, open space, parking area,
or courtyard, as approved by the Planning and Transportation
Departments.
C. Tract A
1. Permitted uses shall be limited to:
a. Any use permitted in Tract B except that commercial uses shall not
be permitted.
b. Two Family dwellings.
c. Nursing, Convalescent, Rest Homes.
d. Rental and Management offices.
V. Tract D Rezoning.
Exhibit A - Plan titled "Tract Plan," dated October 2006, last revised March 2007,
prepared by designforum, showing Tract boundaries.
A. Rezone 8.7:i: acres (the "Property") from A to R-MF with a CUPD to permit
zoning ordinance exceptions as described herein, and as provided in the
accompanying proffers.
B. General Conditions for Tract D.
1. The development shall have a traditional neighborhood development
design with buildings located close to the sidewalks, the streets lined with
street trees, on-street parking, open spaces, and in some instances alleys
serving the rear of dwelling units.
2. Residential units (i.e. attached and detached) shall be grouped together
within a Tract or Sub-Tract. If there is a desire to mix the types of units
within a Tract or Sub-Tract, the mixing may be permitted if a Mixed Use
Plan is submitted to the Planning Department for review and approval and
such review shall be subject to appeal in accordance with the provisions of
the Zoning Ordinance for Site Plan appeals. The Mixed Use Plan shall
address the land use transitions and compatibility between the different
types of residential units within the Tract or Sub-Tract. Land use
8
compatibility and transitions may include, but not necessarily be limited
to, the exact location of the uses and site design.
C. Requirements and Exceptions for Tract D.
1. The following facilities shall be permitted:
a. Recreational Facilities, if provide on Tract D
(i) Recreational facilities shall be permitted within Tract D and
will be designed for use by all the residents. Separate
recreation areas for the various types of residential units are
not required. The recreational uses shall be limited to
facilities and uses that primarily serve the surrounding
residential community including but not limited to passive
recreation (i.e.: formal courtyards, parks, plazas, mews,
picnic areas, trails, paths, sidewalks, ponds, open space,
and vistas) and active facilities (i.e.: swimming pools,
outdoor courts, and clubhouses).
(i) Outside public address systems or speakers shall not be
used between the hours of 11 :00 p.m. and 8:00 a.m. and
shall be used only in conjunction with a pool.
(ii) With the exception of passive recreation, outdoor play
fields, outdoor courts, swimming pools, and similar active
recreational facilities shall be located a minimum of one
hundred (100) feet from any existing single family
residential lot line that is not a part of Tract D or its
associated project (Greenwich Walk). Nothing herein shall
prevent development of indoor facilities and/or parking
within the one hundred (100) foot setback. Active
recreational facilities shall be located a minimum of
twenty-five (25) feet from any dwelling unit within Tract D
or Greenwich Walk or separated by a road or alley.
b. Model homes/sales offices not located in permanent dwellings.
(i) No more than six (6) such model homes/sales offices,
located in modular office units, shall be permitted within
the proj ect at anyone time.
(ii) The model homes/sales offices shall be used to market the
development in which they are located.
(iii) The model homes/sales offices shall not be the primary real
estate office for the companies marketing the development.
9
D. Requirements for Tract D.
1. Permitted uses shall be limited to:
a. In addition to the uses specified in V.C. above, uses permitted by
right and with certain restrictions in the R-MF District, to include
attached and detached units.
b. Model homes, in accordance with Zoning Ordinance Section 19-
65(a).
c. Adult care centers provided they are located within the active
recreational facilities.
2. Development Standards Chart for Tract D.
The various condominium types will not be separated into isolated areas but
instead will flow from a central core with the various unit types defining the
streetscape. Many of the development standards will vary from the Chesterfield
County Zoning Ordinance. Specific use standards set forth in the R-MF district
shall not apply except as established within the Proffers or this Textual Statement,
including these Development Standards.
Street Trees
Streets
Buildin Orientation
Alleys and
Driveways
Requirement
Generally, sidewalks shall be located on both sides of all public streets
where dwellin s front.
Street trees shall be planted or retained along each side of all public
streets where sidewalks exist.
Street trees shall be planted a maximum of 40 feet on center.
As permitted by VDOT and the Chesterfield County Transportation
Department, street design and pavement widths shall be based on
VDOT's Subdivision Street Design Guide effective January 1,2005.
These standards allow for curb-to-curb widths of a twenty-two (22) foot
width and a right-of-way of thirty (30) feet, based on average daily
traffic. The minimum right-of-way shall be established at the time of
Site Plan review based on the street layout.
Buildin s ma front on a street, 0 en s ace, or a court ard.
All private driveways and alleys serving residential uses shall be
hardscaped but shall not require curb and gutter unless they provide
access to parking areas for more than five (5) cars.
10
Development or Requirement
Desi2n Concept
Parking Any "housing for older persons," as defined in the proffers, shall
provide parking based on 1.2 spaces per unit. Parking for Attached
Units designed with individual units on each floor shall provide parking
based on 1.5 spaces per dwelling unit. Parking for all other units shall
be provided with 2.0 spaces for each unit.
Distance between Except for Detached Units, there shall be a minimum distance of fifteen
Buildings (15) feet between buildings.
Property Line All structures shall be set back a minimum of 50 feet from all property
Setback and lines, unless adjacent to another multifamily residential district, in
Landscaping which case a minimum setback of 30 feet shall be maintained. No
setbacks along internal property lines shall be required provided Tract D
is part of the Greenwich Walk project. All perimeter yards shall be
planted per the requirements of Perimeter Landscaping C except that the
buffers set forth in the proffers shall be planted in accordance with the
proffer requirements. If an access to any BMP is provided within the
Property Line Setback, the Planning Commission may modify the
perimeter yard landscaping requirement at the time of site plan review.
Building Orientation Building(s) along an adjacent or internal public road shall not be
required to front that road.
Setbacks from Roads No setback from interior private driveways, parking areas, or streets
shall be required for buildings or structures.
Driveways and No setback from private driveways and parking areas shall be required
Parking Areas from any proposed or existing public road, except as provided in the
proffer relating to buffers.
Setbacks Setbacks for principal structures and accessory structures shall be zero
(0), except as provided in the proffer relating to buffers.
Percentage of Parcel All buildings, including accessory buildings, shall not cover more than
Coverage sixty (60) percent. Prior to the first site plan approval, a plan shall be
submitted which divides the property and/or the Greenwich Walk
project into tracts and designates the permitted parcel coverage on each
tract. This plan may be modified throughout the life of the development
provided the overall parcel coverage limitations are not exceeded.
Front Loaded Front loaded garages shall be located no closer to the street than the
Garages front fa<;ade of the dwelling unit.
Attached Units No more than twelve (12) dwelling units shall be permitted on anyone
floor level of a building.
Detached Units A minimum of five (5) feet shall be provided between each detached
unit.
Property Owners A comprehensive property owners association will be created to own,
Association operate, and maintain all open spaces and common facilities within the
community as outlined in Chesterfield County Zoning Ordinance
Section 19-559.
11
Development or Requirement
Desi2n Concept
Height All buildings and structures shall be a maximum of six stories or 70 feet
in height whichever is less. The maximum height of accessory
buildings and structures shall be one-half the height of the principal
building or 25 feet, whichever is greater.
Parcel Area The minimum parcel size shall be 8.7 acres.
Recreation Area An area conveniently accessible to and included within the development
of not less than ten percent of the gross acreage shall be provided for
suitable recreational use by the occupants, and in no event shall less
than 1 1/2 acres be provided. Recreational facilities, including active
and passive recreation and community buildings shall be provided, as
deemed appropriate during site plan approval. Issuance of occupancy
permits for multifamily dwelling units shall be in conjunction with the
phasing of recreational facilities in accordance with the approved site
plan.
\4210215.8
12
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