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07SN0280 L^1priI17, 2007 CPC May 23,2007 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDA TION 07SN0280 Genito Townes, LLC Clover Hill Magisterial District Evergreen Elementary; Bailey Bridge Middle; and Clover Hill High Schools Attendance Zones North line of Genito Road REQUESTS: I. Rezoning from Community Business (C-3) to Residential Townhouse (R- TH) plus Conditional Use Planned Development to permit exceptions to Ordinance requirements. II. Waiver to street connectivity requirements to Davelayne Road, Delgado Road and Oakmeadow Lane. PROPOSED LAND USE: Residential uses are proposed. Proffered conditions limit density to 4.5 dwelling units per acre, yielding a maximum of eighty (80) dwelling units. Exceptions are requested to parking and driveway requirements serving individual units. PLANNING COMMISSION RECOMMENDATION I. RECOMMEND APPROVAL OF THE REZONING AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 3 THROUGH 6. AYES: MESSRS. GECKER, GULLEY AND BASS NAY: MR. LITTON ABSTENTION: MR. WILSON Providing a FIRST CHOICE commnnity through excellence in public service II. RECOMMEND APPROVAL OF THE WAIVER TO STREET CONNECTIVITY REQUIREMENTS. AYES: MESSRS. GECKER, GULLEY, BASS AND WILSON. ABSTENTION: MR. LITTON STAFF RECOMMENDATION Request I: Recommend approval subject to the applicant addressing the impact of the project on health, welfare and safety, as recommended by the Police Department. This recommendation is made for the following reasons: A. While the Powhite/Route 288 Development Area Plan suggests the property is appropriate for office use, this request provides appropriate land use transitions from the established commercial development along Route 360 to single family residential developments located to the north and west of the property. 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, parks, libraries and fire stations is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program, and the impact of this development is discussed herein. The proffered conditions mitigate the impact on capital facilities, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. C. The requested exceptions are appropriate for parking and driveways that serve individual units. D. The application fails to address health, safety and welfare issues as related to crime prevention, as discussed herein. Request II: Recommend denial of the waiver to street connectivity requirement to Davelayne Road, Delgado Road and Oakmeadow Lane for the following reason: The evaluation of the Policy criteria for granting such relief necessitates design details that can best be provided through the subdivision review process. (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 2 07SN 0280-1v1A Y23- BOS "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS The property owners and applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the property under consideration will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owners and applicant. In the event this request is denied or approved with conditions not agreed to by the owners and applicant, the proffers shall immediately be null and void and of no further force or effect. (STAFF/CPC) 1. Master Plan. The Textual Statement dated March 16, 2007 shall be considered to be the Master Plan. (P) (STAFF/CPC) 2. Cash Proffers. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit, for infrastructure improvements within the service district for the Property: a. $15,600.00 per dwelling unit, if paid prior to July 1, 2007, or the amount approved by the Board of Supervisors, not to exceed $15,600.00 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 ifpaid after June 30,2007. b. Provided, however, that if any building permits issued on the Property are for senior housing, as defined in the proffer on age-restriction, the applicant, sub-divider, or assignee(s) shall pay $10,269.00 per dwelling unit if paid prior to July 1, 2007, or the amount approved by the Board of Supervisors, not to exceed $10,269.00 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 $10,269.00 will be allocated pro-rata among the facility costs as follows: $602.00 for parks and recreation, $348.00 for library facilities, $8,915 for roads, and $404 for fire stations. Payments in excess of $10,269.00 shall be prorated as set forth above. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. 3 07SN 0280-1v1A Y23- BOS (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited toward, but not in addition to, any impact fees, in a manner as determined by the county. (B&M) 3. 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 designed 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. Any lots for age-restricted dwelling units shall be grouped together on a particular portion of the Property and shall not be scattered among other residential units. At the time of recordation of a subdivision plat or the approval of any site plan, the lots shall be noted as age- restricted. Any site plan for age-restricted dwelling units shall also note the restriction. To the extent a subdivision plat is not required, the age restriction shall be recorded as a restrictive covenant prior to site plan approval. (B&M) 4. Utilities. The public water and wastewater systems shall be utilized. (U) 5. Stormwater Runoff. Stormwater runoff shall be retained based upon the ten (10) year post-development rate and released based upon the two (2) year pre-development rate, and stored based upon the one hundred (100) year post-development rate and released at a rate such that the existing culvert under Genito Road meets current VDOT criteria. (EE) 6. Timbering. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) 7. Overall Density. The aggregate density on the Property shall not exceed 4.5 units per acre. (P) 8. Buffers. a. Buffers, a minimum of seventy-five (75) feet in width, shall be provided adjacent to Lake Genito and Genito Forest Subdivisions. Such buffers shall comply with the Zoning 4 07SN 0280-1v1A Y23- BOS (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 9. Ordinance requirements for seventy-five (75) foot buffers and shall incorporate a solid board fence a minimum of six (6) feet in height through the length of these buffers. b. All required buffers shall be located within recorded open space. (P) Materials. The exterior facades of all homes shall be of brick, stone or vinyl siding having a minimum thickness of 0.042 mils, or a combination of the foregoing. Masonite siding shall not be utilized. (P) 10. Restrictive Covenants. The following restrictive covenants shall be recorded prior to, or in conjunction with, the recordation of any subdivision plat: a. The required Homeowners' association for the townhome development shall be responsible for the maintenance of the exteriors of homes as follows: (a) painting, repair, maintenance and replacement of gutters and downspouts; (b) maintenance of roofs, shingles, sheathing and felt; (c) exterior building wall surfaces (exclusive of doors and windows); (d) common areas; and (e) the fence provided in Proffer 8; and b. The required Homeowners' association for the townhome development shall be responsible for the posting and maintenance of "Neighborhood Watch" , "No Trespassing" and "No Solicitation" signs at each entrance to the townhome development in order to enhance security. (P) 11. Street Lights. Any street light standards shall not exceed fifteen (15) feet in height, shall be non-glare, decorative in style, and residential in character. (P) 12. Transportation. a. Direct vehicular access from the Property to Genito Road shall be limited to two (2) public roads. One of these public roads shall intersect Genito Road at the eastern property line and align with the existing crossover on Genito Road. The other public road shall intersect Genito Road towards the western property line. The exact location of both of these public roads shall be approved by the Transportation Department. b. The developer shall be responsible for: 5 07SN 0280-1v1A Y23- BOS 1. construction of additional pavement along Genito Road at each public road intersection to provide right turn lanes, based on Transportation Department standards, 11. full cost of traffic signalization at the crossover that aligns the eastern access, if warranted as determined by the Transportation Department, and 111. dedication of any additional right-of-way (or easements) required for these improvements. c. Prior to any construction plan approval, a phasing plan for the improvements identified in Proffered Condition 12.b. shall be submitted to and approved by the Transportation Department. d. All roads that accommodate general traffic circulation, as determined by the Transportation Department, shall be constructed to VDOT standards and accepted into the State System. (T) (CPC) 13. No Access. No lots shall have vehicular access through Lake Genito or Genito Forest Subdivisions. (P) (STAFF/CPC) 14. Dwelling units shall have a minimum of one thousand seven hundred (1,700) square feet of finished floor area. (P) GENERAL INFORMATION Location: North line of Genito Road, east of Clintwood Road; also fronting the east termini of Davelayne and Delgado Roads and the southern terminus of Oakmeadow Lane. Tax ID 743-685-2000. Existing Zoning: C-3 with Conditional Use Planned Development Size: 17.9 acres 6 07SN 0280-1v1A Y23- BOS Existing Land Use: Vacant Adiacent Zoning and Land Use: North - R-12 and 0-2 with Conditional Use Planned Development; Single family residential or commercial South - A; Single family residential or vacant East - C-3 with Conditional Use Planned Development; Commercial West - R-7; Single family residential UTILITIES Public Water System: There is an existing twelve (12) inch water line extending along the north side of Genito Road, adjacent to this site. In addition, a six (6) inch water line extends from Delgado Road, across the northwest corner of this site and then continues along Oakmeadows Lane and a six (6) inch water line extends along a portion of Davelayne Road and terminates approximately 280 feet west of this site. Use of the public water system is intended and has been proffered by the applicant (Proffered Condition 4). Per Utilities Department Design Specifications (DS-21), wherever possible, two (2) supply points shall be provided for subdivisions containing more than twenty-five (25) lots. To provide the additional water feed for this site, connection to the existing twelve (12) inch line in Genito Road and the six (6) inch lines in Delgado Road, Oakmeadow Lane, and Davelayne Road will be required with this development. Public Wastewater System: There is an existing eight (8) inch wastewater collector line terminating adjacent to the southeastern boundary of this site. In addition an eight (8) inch wastewater collector line extends along a portion of the northwest boundary of this site from Davelayne Road to Delgado Road. Use of the public wastewater system is intended. (Proffered Condition 4) ENVIRONMENT AL Drainage and Erosion: The subject property drains to the south under Genito Road and then via tributaries and man made improvements through Frederick Farms to Swift Creek. There are currently no on-site drainage or erosion problems and none are anticipated after development. Off-site there are no known erosion problems, however, there are flooding problems downstream in Frederick Farms through which the drainage from this property passes. 7 07SN 0280-1v1A Y23- BOS Other developments in the area, to include the Post Office and Walgreens, have retained water on-site and released at a much slower rate in order to help negate the drainage problems. The County also has a Capital Improvement Program project in the area that will, in combination with retention upstream, help minimize the downstream flooding problems. Proffered Condition 5 addresses retention of water on site. The subject property is wooded and, as such, should not be timbered without obtaining a land disturbance permit from the Department of Environmental Engineering. This will ensure that adequate erosion control measures are in place prior to any land disturbance. (Proffered Condition 6) PUBLIC FACILITIES The need for fire, school, library, park and transportation facilities is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program. This development will have an impact on these facilities. Fire Service: The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls are expected to increase 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 six new stations, the Plan also recommends the expansion of five (5) existing stations. Based on (80) dwelling units, this request will generate approximately (21) calls for fire and emergency medical service each year. The applicant has addressed the impact on fire and EMS (Proffered Condition 2). Fire Company Number 24, 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. The applicant has requested not to make street connections to Davelayne Road, Delgado Road and Oakmeadow Lane. In an emergency situation, this connection would benefit both the applicant's project and the surrounding developments. The Fire Department continues to support connectivity between subdivisions so that multiple access points are available to assist in an emergency response. Schools: Approximately forty-two (42) students, (Elementary: 18, Middle: 10, and High: 14), will be generated by this development. Currently this site lies in the Evergreen Elementary School attendance zone: capacity- 940, enrollment - 907; Bailey Bridge Middle School zone: capacity - 1,521, enrollment - 1,563; and Clover Hill High School zone: capacity - 1,582, enrollment - 1,593. The 8 07SN 0280-1v1A Y23- BOS enrollment is based on September 29, 2006 and the capacity is as of 2006-2007. This request will have an impact on middle and high school. There are currently four (4) trailers at Evergreen Elementary and eleven (11) at Clover Hill High. 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. The new Clover Hill High School will open in the fall of2010. This case, combined with other tentative residential developments and zoning cases in the zones, would continue to push these schools to capacity. This case could necessitate some form of relief in the future. The applicant has addressed the impact of the development on schools. (Proffered Condition 2) Libraries: Consistent with the Board of Supervisors' policy, the impact of development on library services is assessed County-wide. Based on projected population growth, the Public Facilities Plan identifies a need for additional library space throughout the County. This case would most likely impact the existing Clover Hill Library, the existing La Prade Library or a proposed new branch in the Reams-Gordon area. A need for additional library space in this area of the County is identified in the Plan. The applicant has addressed the impacts of this development on library facilities. (Proffered Condition 2) 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 these parks and recreational facilities. (Proffered Condition 2) Transportation: The property (approximately 18 acres) is currently zoned Community Business (C-3) and the applicant is requesting rezoning from C-3 to Residential-Townhouse (R-TH) with a Conditional Use Planned Development to permit exceptions to the ordinance. The applicant has proffered to limit development to a maximum of 4.5 units per acre (Proffered Condition 7). Based on townhouse trip rates, development could generate approximately 530 average daily trips (ADT). These vehicles will initially be distributed along Genito Road, which had a 2006 traffic count of 14,122 vehicles per day between 9 07SN 0280-1v1A Y23- BOS Hull Street Road and Warbro Road. Genito Road in this location is a four-lane divided facility that accommodates (Level of Service A) the volume of traffic it currently carries. Development must adhere to the Zoning Ordinance relative to access and internal circulation. The Thoroughfare Plan identifies Genito Road as a major arterial. Access to major arterials, such as Genito Road, should be controlled. The applicant has proffered to limit direct access from the property to Genito Road to two (2) public roads (Proffered Condition 12.a). One of these public roads will align with the existing crossover at the eastern property line. The second public road will intersect Genito Road towards the western property line and be limited to right turns in and right turns out only. 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 taken into the State System (Proffered Condition 12.d). Conversion of the existing commercial driveway that currently serves the shopping center to a public road to serve the property will require significant improvements. The traffic impact of this development must be addressed. The applicant has proffered to: 1) construct additional pavement along Genito Road at each public road intersection to provide a right turn lane, 2) provide the full cost of traffic signalization of the crossover that aligns the with the eastern public road, and 3) dedicate any additional right-of-way required for these improvements. (Proffered Condition 12.b) Area roads need to be improved to address safety and accommodate the increase in traffic generated by this development. The applicant has also proffered to contribute cash, in an amount consistent with the Board of Supervisors' Policy, towards mitigating the traffic impact of this development (Proffered Condition 2). Cash proffers alone will not cover the cost of the improvements needed to accommodate the traffic increases. There are no public road improvements for this area currently included in the Six-Year Improvement Program. During tentative subdivision plan review, specific recommendations will be made regarding connectivity, sidewalks, and the proposed internal street network. 10 07SN 0280-1v1A Y23- BOS Financial Impact on Capital Facilities: PER UNIT Potential Number of New Dwelling Units 80* 1.00 Population Increase 21 7.60 2.72 Number of New Students Elementary 18.64 0.23 Middle 10.40 0.13 High 13.52 0.17 TOTAL 42.56 0.53 Net Cost for Schools 427,840 5,348 Net Cost for Parks 48,320 604 Net Cost for Libraries 27,920 349 Net Cost for Fire Stations 32,400 405 Average Net Cost for Roads 715,360 8,942 TOTAL NET COST $1,251,840 $15,648 * Based on a proffered maximum of 4.5 dwelling units per acre (Proffered Condition 7). The actual number of units and corresponding impact may vary. As noted, this proposed development will have an impact on capital facilities. Staff as 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 $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 dwelling unit would defray the cost of developing the age-restricted portion of the development, as it will have no increased impact on school facilities. Consistent with the Board of Supervisors' policy, and proffers accepted from other applicants, the applicant has offered cash to assist in defraying the cost of this proposed zoning on such capital facilities. (Proffered Condition 2) 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. 11 07SN 0280-1v1A Y23- BOS Police: The applicant is proposing to build a high density residential project. With the support of the county administration, the Police Department seeks to have developers of new high density residential projects implement its recommendations for Crime Prevention Through Environmental Design (CPTED) which are planning and designing principles that constitute proactive crime prevention tools. Through CPTED principles, proper design and effective use of the environment can lead to a reduction in the fear and incidence of crime. In addition, the Police Department recommends that high density residential projects either enter into a contract for the permanent presence of a police officer on the premises or annually submit a security plan for review and approval. While the applicant has offered to incorporate several crime-preventative measures into the restrictive covenants (Proffered Condition 10), the applicant has not sufficiently addressed any of the Police Department's security concerns in its submissions; accordingly, the police department does not support the applicant's request. LAND USE Comprehensive Plan: Lies within the boundaries of the Powhite/Route 288 Development Area Plan which suggests the property is appropriate for office use. This Plan was adopted in 1985. One of the goals of the Plan is to provide for appropriate transition from commercial to residential areas through buffering and land use transition. Given the property's location adjacent to existing commercial development to the east and residential development to the west and north, this transition may effectively be provided with higher density residential development as well as office use. If the Plan were to be updated, the location of this property would suggest transitional uses such as office, higher density residential or a mixture of such uses. The Northern Area Plan Amendment is currently under review. Area Development Trends: Properties to the east, along Hull Street Road, are developed as the Genito Crossing Shopping Center. Properties to the north, south and west, along Genito Road, are zoned residentially and agriculturally and have been developed for single family residences in Genito Forest and Lake Genito Subdivisions, single family residences on acreage parcels or remain vacant. Development of the property should provide appropriate transition between the Hull Street Road Commercial Corridor and the residential neighborhoods along Genito Road, as suggested by the Plan. 12 07SN 0280-1v1A Y23- BOS Zoning History: On October 24, 1984, the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved rezoning from Agricultural (A) to Office Business (0) with Conditional Use Planned Development on the request property, in conjunction with a rezoning to Community Business (B-2) with Conditional Use Planned Development on the adjacent Genito Crossing Shopping Center property to the east (Case 84SN0135). Uses on the request property were restricted to Office Business (0) uses plus several commercial uses. On February 22, 1995, the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved a rezoning from Corporate Office (0-2) to Community Business (C-3) (Case 93SN0223). A retail/service complex was planned. The majority of the uses on the eastern portion of the property were comparable to those developed in the adjacent Genito Crossing Shopping Center. The majority of the uses on the western portion were designed to be more transitional in nature, to include limitations on building height, architectural treatment and hours of operation. Density: Access: and Lot Size: Proffered Condition 7 limits the density of the development to a maximum of four and one-half (4.5) units per acre, yielding a maximum of eighty (80) dwelling units. Genito Forest and Lake Genito Subdivisions, located north and west of, and adjacent to the subject property, were recorded with provision of roads (Davelayne Road, Delgado Road and Oakmeadow Lane) stubbing to the limits of the subject property. Should these rights of way provide sole access to the subject property, density and average lot size compatibility with lots in Genito Forest and Lake Genito Subdivisions would need to be addressed. The applicant is requesting relief to preclude connection to any of these stub roads, as discussed herein. Should this waiver be denied, Proffered Condition 13 should not be accepted. Dwelling Size: Building Materials: and Street Lights: Proffered Conditions 9, 11 and 14 address minimum dwelling size, building materials and streetlights. Staff cautions that Proffered Condition 14 relative to dwelling size requires that the minimum square footage be finished. This is not the typical proffer and as such will be difficult to enforce. Parking and Driveways: The Ordinance requires the prOVISIon of two (2) off-street parking spaces for each dwelling unit. An exception is requested to permit parking within garages to be credited towards this minimum requirement (Textual Statement). While staff supports such exception since it reduces the amount of impervious area and therefore, the impact on 13 07SN 0280-1v1A Y23- BOS water quality, the developer and future owners should be cautioned that it will not be possible in the future to convert garages into living space. Relief is also requested to curb and gutter and setback requirements for driveways and parking areas serving individual dwelling units (Textual Statement). These standards were designed to address larger parking areas and private drives serving multiple rather than individual townhouse units. As such, these exceptions would be appropriate. Restrictive Covenants: Recordation of restrictive covenants has been proffered. It should be noted that the County will only ensure the recordation of the covenants and will not be responsible for their enforcement. Once recorded, the covenants may be changed. (Proffered Condition 10) Buffers: Currently, the Ordinance requires the provision of a fifty (50) foot buffer between R-TH and R Districts. This buffer would apply along the western, and a portion of the northern, boundaries of the property adjacent to lots in Genito Forest and Lake Genito Subdivisions. The applicant has proffered to increase this buffer width to seventy-five (75) feet with the inclusion of a privacy fence. Further, all required buffers will be recorded in open space. (Proffered Condition 8) Age Restriction: Proffered Conditions 2.b and 3 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. Street Connectivity: An exception to the "Residential Subdivision Connectivity Policy" is requested so as to preclude any road connections to Davelayne Road, Delgado Road and Oakmeadow Lane (Proffered Condition 13). In addition to promoting fire and emergency services safety, subdivision road connections provide interconnectivity between residential developments, thereby reducing congestion along collector and arterial roads and providing a convenient and safe access to neighboring properties. The "Policy" allows the Board, through the Commission's recommendation, to waive the requirement for streets in new subdivisions to connect to adjacent public streets that are designed as local streets, residential collectors and thoroughfare streets. Staff must 14 07SN 0280-1v1A Y23- BOS evaluate this waiver based upon three (3) criteria: (1) there must be a sufficient number of other stub streets to adequately disperse traffic and not cause a concentrated use of any one (1) stub street; or (2) the connection to a particular stub will cause concentrated traffic at that location; (3) the projected traffic volume on anyone (1) local street within an existing subdivision exceeds 1,500 vehicle trips per day. Without additional design information relative to road layout, staff cannot determine if the criteria for granting such a waiver can be met. Therefore, it is recommended that consideration of this waiver be evaluated during the plans review process when more detail is available. CONCLUSIONS While the Powhite/Route 288 Development Area Plan suggests the property is appropriate for office use, this request provides appropriate land use transitions from the established commercial development along Route 360 to single family residential developments located to the north and west of the property. Further, 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, parks, libraries and fire stations is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program, and the impact of this development as 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. The current zoning and associated conditions were highly negotiated with area property owners. After consideration of public input, should the Commission and Board wish to approve this rezoning (Request I), approval subject to the applicant addressing the impact of the townhouse project on the health, welfare and safety of the residents of the development and surrounding areas through crime prevention measures recommended by the Police Department, as discussed herein, would be appropriate. It should be noted that proffered conditions provide for the ability to age restrict occupants within the development that may result in enforcement issues. (Proffered Conditions 2.b and 3) The application fails to address connectivity to Davelayne Road, Delgado Road and Oakmeadow Lane per the Board's adopted "Residential Subdivision Connectivity Policy", as discussed herein. Evaluation of the Policy criteria for granting such relief necessitates design detail that can best be provided through the subdivision review process. Given these considerations, denial of the waiver to connectivity (Request II) is recommended. 15 07SN 0280-1v1A Y23- BOS CASE HISTORY Applicant (4/16/07): Amendment to proffers relative to connectivity were submitted. Planning Commi ssi on Meeting (4/1 7 /07): The applicant accepted the Planning Commission's recommendation. There was opposition present. Concerns were expressed relative to road connections to Lake Genito and Genito Forest Subdivisions indicating such connections would increase traffic in the neighborhood; impact on schools; and the loss of office zoned land for residential development. Discussions ensued relative to the reduction in the cash proffer should any of the units be age restricted. It was noted that the proffer calculation is based upon countywide averages which includes dwelling units occupied by non-school age children. Mr. Gulley indicated the original zoning was highly negotiated. He stated the majority of area residents support the current proposal. On motion of Mr. Gulley, seconded by Mr. Bass, the Commission recommended approval of the rezoning and acceptance of the proffered conditions on pages 3 through 6. AYES: Messrs. Gecker, Gulley and Bass. NAY: Mr. Litton ABSTENTION: Mr. Wilson On motion of Mr. Gulley, seconded by Mr. Wilson, the Commission recommended approval of the waiver to street connectivity requirements. AYES: Messrs. Gecker, Gulley, Bass and Wilson. ABSTENTION: Mr. Litton The Board of Supervisors, on Wednesday, May 23,2007, beginning at 6:30 p.m., will take under consideration this request. 16 07SN 0280-1v1A Y23- BOS FIRST AMENDED AND REST A TED TEXTUAL STATEMENT CASE NO. 07SN0280 March 16, 2007 This is a request to rezone 17.9 acres of the Property under consideration to RTH with a Conditional Use Planned Development (CUPD) that will permit development of a townhouse community with the following exceptions: a. required parking for townhouses may include one (1) space within a townhome unit's garage; and b. driveways and parking areas for individual townhomes shall not be required to have curb and gutter nor be setback a minimum distance from the right-of-way of any existing or proposed public road. #1146571 v3 032809.00001 This page is blank.