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06SN0244 October 17,2006 CPC November 16, 2006 CPC January 16,2007 CPC March 20, 2007 CPC 1^,"pril 17, 2007 CPC June 19,2007 CPC July 17,2007 CPC August 21, 2007 CPC September 26,2007 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 06SN0244 H. H. Hunt Corporation Bermuda Magisterial District Harrowgate Elementary; Matoaca Middle; and Matoaca High Schools Attendance Zones South line of Bradley Bridge and west line of Branders Bridge Roads REQUEST!: Rezoning of a 1,445.4 acre tract from Agricultural (A) to Residential (R- 12) with Conditional Use Planned Development to permit exceptions to Ordinance requirements and Conditional Use to permit recreational facilities on 43.5 acres of the 1,445.4 acre tract, plus rezoning of a 169.1 acre tract from Agricultural (A) to Regional Business (C-4) with Conditional Use Planned Development to permit exceptions to Ordinance requirements and Conditional Use on 3.0 acres of the 169.1 acre tract to permit an above ground utility structure (wastewater pump station). REQUEST II: A waiver to street connectivity requirements to Glebe Point and Skybird Roads. PROPOSED LAND USE: A residential development with a variety of housing types and supporting community commercial and recreational uses, public/semi-public uses and commercial uses are planned. A maximum of 4,998 residential units to include cluster residential, town homes and multi-family units as well as a maximum of 470,000 gross square feet of commercial uses are planned. (Proffered Conditions 5 and 6) Providing a FIRST CHOICE community through excellence in public service PLANNING COMMISSION RECOMMENDATION REQUEST I. RECOMMEND APPROVAL OF REZONING AND ACCEPTANCE OF CONDITIONS ON PAGES 3 THROUGH 20. AYES: MESSRS. GECKER, LITTON AND WILSON. NAYS: MESSRS. GULLEY AND BASS. REQUEST II. RECOMMEND APPROVAL OF THE WAIVER TO STREET CONNECTIVITY REQUIREMENTS. STAFF RECOMMENDATION Request I: Recommend approval of the rezoning subject to the applicant addressing the impact of this development on capital facilities in accordance with the Board of Supervisors' policy and staff concerns relative to parking, buffers and the provision of sidewalks, for the following reasons: A. Although the density of residential use within the proposed Residential (R-12) portion of the property exceeds the density suggested by the Southern and Western Area Plan and the commercial and residential uses on the proposed Regional Business (C-4) portion of the property do not provide the regional scale office use or major industrial development recommended by the Plan, the proposal provides an opportunity for planning a large scale mixed use development where residential and commercial uses coupled with public/semi- public amenities create an urban lifestyle environment and where major infrastructure improvements are provided as the development occurs. B. While the applicant has offered land dedication, road construction and a potential contribution to assist in defraying the cost of this proposed development on road infrastructure and schools and parks facilities, the proffered conditions do not adequately mitigate the impact of this development on capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries and fire stations and transportation facilities 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 vary from that which has consistently been accepted in accordance with the Board of Supervisors' Policy. While the road improvements offered address the impacts on road infrastructure, the remaining proffered conditions fail to fully address the impact of this request on schools, parks, libraries and fire stations in accordance with the Board's policy; however, schools is satisfied that the proffered conditions which require land dedication and infrastructure for school facilities are acceptable. Therefore, the proffered conditions do not adequately mitigate the impact on these capital facilities and thereby do not assure that adequate service levels are maintained as necessary to protect the health, safety and welfare of County citizens. 2 06SN 0244-SEP 26- BOS- RPT C. The application fails to address concerns relative to parking, buffers and sidewalks as discussed herein. Request II: Recommend denial of the waiver to street connectivity requirements to Glebe Point and Skybird Roads for the following reasons: A. Justification for granting this waiver has not been provided. The evaluation of the Policy Criteria for granting such relief necessitates design details that can best be evaluated through the subdivision review process. B. The lack of public road connections fails to address health, safety and welfare concerns of the Fire Department. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS The 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 (the "Developer"), proffer that the property (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 Developer. In the event this request is denied or approved with conditions not agreed to by the Developer, the proffers shall immediately be null and void and of no further force or effect. This application contains three exhibits described as follows: Exhibit A - Plan titled "Exhibit A. Branner Station Road Phasing Plan", originally prepared by Wilbur Smith Associates, dated September 15, 2006 and updated by T3 Design on April 20, 2007. Exhibit B - Plan titled "Branner Station Offsite Roads Phasing Exhibit B," prepared by HHHunt, and dated September 15, 2006. Exhibit C - Plan titled "East/West Freeway - North/South Parkway Interchange Exhibit C" prepared by Youngblood, Tyler and Associates, P.C. and dated February 16, 2007. Exhibit D - Plat titled "Tract 9B Conceptual Plan for High School" prepared by Youngblood, Tyler and Associates, P.C. and dated July 30, 2007. 3 06SN 0244-SEP 26- BOS- RPT (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 1. Master Plan. The Textual Statement last revised July 30, 2007, including the "Branner Station Chesterfield Master Plan" prepared by design forum, last revised February 16, 2007, shall be the Master Plan. (P) 2. 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) 3. Overall W ater/W astewater Systems Plan. a. The required Overall W ater/W astewater Systems Plan for the development, accompanied by a Utilities Infrastructure Phasing Plan, shall be submitted to the Utilities Department for review and approval prior to the final approval of any tentative subdivision or site plan within the development. The overall plan shall be prepared in accordance with the requirements as outlined in Appendix 12 of the Chesterfi el d County Water and Sewer Specifications and Procedures Manual. The plan shall include, but not be limited to the following: 1. a 16" water line along Branders Bridge Road for the entire length of the Property, or along a route within the development acceptable to the Utilities Department in either event, terminating at the southernmost boundary of the Property at Branders Bridge Road; 11. interconnection between the Chester and Courthouse pressure zones, at a location acceptable to the Utilities Department. Infrastructure (pressure reducing or flow control valves) shall be installed if deemed necessary by the Utilities Department; 111. off-site extension(s) from the Timsberry Creek Wastewater Trunk; IV. map of the service area for a wastewater pump station; location of a public wastewater pumping station and associated gravity lines sized to serve that portion of the development within the Lower Swift Creek drainage basin and the remaining 4 06SN 0244-SEP 26- BOS- RPT (STAFF/CPC) "Regional Mixed-Use" area as shown in the Southern and Western Area Land Use Plan (as amended 11/12/03); v. a small-scale area map showing the route of the force main, extending from the new public wastewater pumping station to a discharge point near the existing Timsberry Creek Wastewater Pumping Station, the exact location of which is to be approved by the Utilities Department; and VI. detailed engineering analyses of the water and wastewater systems for "Branner Station" to determine the future water pressure zone boundary line and points of interconnection, and to determine the location of the new wastewater pumping station and the appropriate discharge point for the force maIn. b. The Developer shall construct all improvements shown on the Overall W ater/W astewater Systems Plan for the development. c. Prior to any tentative or site plan approval for any property which will be served by the pump station, the Developer shall dedicate free and unrestricted to and for Chesterfield County, after the dedications for roads as required by Proffered Condition 7, a maximum 3.0 acres for a wastewater pumping station. This site shall abut a public road and have direct access thereto. As an alternative, if approved by the Utilities Department, the site need not abut a public road, but shall have access to a public road via an easement of a width and location acceptable to the Utilities Department. Should it not be possible to locate the pumping station within the development and provide full access to the intended service area, the Developer shall dedicate free and unrestricted to and for Chesterfield County land off-site of a size and location acceptable to the Utilities Department, obtain the necessary zoning and/or Substantial Accord Determination. The 3 acre site shall be exclusive of any road dedication to include those identified in Proffered Condition 7. (U) 4. Dedications for Public Purposes. The Developer agrees to dedicate, free and unrestricted to the County, the following areas as generally shown on the Master Plan as follows: 5 06SN 0244-SEP 26- BOS- RPT A. Tract 9A - 32 usable acres B. Tract 9B -75 usable acres C. Tract 11A - 30.6 acres D. Tract lIB - 3.9 acres Such dedications are made for public schools, parks and recreation, a utility pump station or such other public purposes as determined by the County and at such alternate locations as may be mutually agreed upon by the Developer and the County. "U sable acres" shall generally mean acreage excluding jurisdictional wetlands as defined by the Army Corp of Engineers, slopes in excess of ten (10) percent and setbacks applicable to the Property. Whether acreage is acceptable as "usable" acres to qualify for such dedications within Tracts 9A and 9B shall be mutually agreed upon by the Developer and the Chesterfield County Public School Administration or, if no agreement is reached, then as determined by the Chesterfield County School Board ("School Board"). In addition, if school facilities can be accommodated on fewer usable acres as determined by the School Board, the acres of such dedications within Tracts 9A and 9B may be reduced as determined by the School Board. Tract 9B is intended to be developed as generally shown on Exhibit D attached hereto prepared by Youngblood, Tyler and Associates, P.C. and dated July 30, 2007 entitled "Tract 9B Conceptual Plan for High School" . Such dedications shall be made within sixty (60) days of a written request by the County, but subsequent to the dedications for roads as required by Proffered Condition 7. Such dedications will generally be made at such time as is consistent with the Developer's phased development and construction of infrastructure serving the Property as provided below. Unless the County desires to accelerate the schedule provided below for Tracts 9A and 9B, infrastructure shall be brought by the Developer to the property lines of Tracts 9A, 9B, 11A and lIB. For Tract 9B, the Developer will construct on-site roads and those off-site roads required by the Study to access the high school site by the later of the opening of the proposed high school or 2015 and shall construct public water and wastewater systems ("public utilities") to serve the site by the later of six (6) months prior to the opening of the proposed high school or 2015. Similarly, for Tract 9A, the Developer will construct on-site roads and those off-site roads required by the Study to access the elementary school site by the later of the opening of the proposed elementary school or 2014 and shall construct public utilities to serve the site by the later of 6 06SN 0244-SEP 26- BOS- RPT (STAFF/CPC) six (6) months prior to the opening of the proposed elementary school or 2014. Any time beginning in 2013, within sixty (60) days of 1) a written request by the County and 2) approval of any required permits for the construction access and public water, the Developer shall dedicate the land for the high school and elementary school sites (Tracts 9A and 9B) and shall provide public water adequate for construction purposes and an approved construction access to both sites. Should the County desire to accelerate access roads and public utilities to facilitate the County's schedule, the Developer is not obligated to accelerate its phasing and the County has the option to construct public utilities and_access roads in accordance with Exhibit A at the County's expense. Subject to the foregoing contingencies, in no event shall the land dedications be made later than January 1, 2015 unless such date is mutually extended. (B&M, SA, P and T) 5. Unit Cap. A. Uses A through H as described in the Textual Statement, including "accessory dwelling units" as defined therein, shall not exceed a total of 4,988 dwelling units in the aggregate, with separate density caps as follows: (1) The total number of dwelling units, as described in the Textual Statement, will not exceed a total of 4,456 dwelling units in the aggregate in the R-12 portions of the Property. (2) The total number of dwelling units, excluding Use H (Assisted Living Community) as described in the Textual Statement, will not exceed 100 dwelling units, in the aggregate, on Tract 6. (3) The total number of dwelling units as described in the Textual Statement will not exceed a total of 532 dwelling units in the aggregate in the C-4 portions of the Property. (4) Use E (Multifamily Community) as described in the Textual Statement, unless organized as a for sale condominium as defined by and subject to the Virginia Condominium Act" will not exceed a total of 600 dwelling units for the R-12 portion of the Property. 7 06SN 0244-SEP 26- BOS- RPT (5) Use E. (Multifamily Community) as described in the Textual Statement, unless organized as a for sale condominium as defined by and subj ect to the Virginia Condominium Act, will not exceed a total of 308 dwelling units for the C-4 portion of the Property. B. Additional Limits on Use H: (1) Use H (Assisted Living Community) as described in the Textual Statement will not exceed 200 units for the R-12 Portion of the Property. (2) Use H (Assisted Living Community) as described in the Textual Statement will not exceed 100 units for the C-4 portion of the Property. C. Commercial Limits and Guarantees (1) A maximum of 70,000 gross square feet of Use I (Town Center Commercial) is permitted in the R-12 portion of the Property in Tract 6. (2) Prior to recordation or site plan approval for a cumulative of more than 2,200 dwelling units, a land disturbance permit shall have been issued and work begun in accordance therewith on a minimum of 15,000 gross square feet of Use I (Town Center Commercial) in Tract 6. (3) For Use I (Town Center Commercial) in Tract 6, each individual business shall be limited to a maximum of 5,000 gross square feet except that two (2) businesses shall be permitted a maximum of 15,000 gross square feet and one (1) business shall be permitted a maximum of 30,000 gross square feet. (4) A land disturbance permit shall have been issued and work begun in accordance therewith on a minimum of 50,000 gross square feet of nonresidential space in Tract 10 prior to the commencement of land disturbance for any residential dwelling units in Tract 10, excluding Use G (Town Center Residential) and Use H (Assisted Living Community). (P) 8 06SN 0244-SEP 26- BOS- RPT (STAFF/CPC) (STAFF/CPC) 6. Maximum Density. The maximum density of this development is 2,449 single-family units, 1,331 townhouse/condominium units, 908 apartments, 300 Assisted Living Community Units, 470,000 square feet of shopping center, 950 student elementary school, 1,750 student high school, 25,000 square feet of recreation center, and 371 acres of community parks (other than County parks) or different density for permitted uses, as approved by the Transportation Department, provided the different density results in an equal or fewer number of total trips in both the AM and PM peak hours as reflected in the Traffic Impact Study (the "Study") for Branner Station Development, Chesterfield County, Virginia, prepared by Wilbur Smith Associates dated March 7, 2006; with addenda 1 and 2 prepared by Wilbur Smith Associates dated June 20, 2006 and September 12, 2006 respectively; and Addenda 3 and 4 prepared by T3 Design dated November 28, 2006 and March 8, 2007, respectively, including revised Figure 4 dated June 20,2007. (T) 7. Right of Way Dedications. A. In conjunction with recordation of the initial subdivision plat, prior to any site plan approval, or within sixty (60) days from the date of a written request by the Transportation Department, whichever occurs first, the following rights-of-way, as identified on the Thoroughfare Plan which was adopted by the Board of Supervisors, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The exact location of these rights-of- way shall be approved by the Transportation Department: 1. Forty-five (45) feet of right-of-way on the south side of Bradley Bridge Road, measured from a revised centerline, based on VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Department, of that part of Bradley Bridge Road immediately adjacent to the Property. 2. Forty-five (45) feet of right-of-way on the west side of Branders Bridge Road, measured from a revised centerline, based on VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Department, of that part of Branders Bridge Road immediately adjacent to the Property. 9 06SN 0244-SEP 26- BOS- RPT (STAFF/CPC) 3. A ninety (90) foot wide right-of-way, based on VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Department, for a north/south major arterial (the "North/South Parkway") from Branders Bridge Road at the northern Property line, through the Property to the East/West Freeway. 4. A ninety (90) foot wide right-of-way, based on VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Department, for an east/west maj or arterial ("Happy Hill Road Extended") from the eastern Property line, through the Property to the western Property line. 5. A two hundred (200) foot wide right-of-way, based on VDOT Rural Principal Arterial (60 MPH) standards with modifications approved by the Transportation Department, for an east/west limited access facility (the "East/West Freeway") through the southern part of the Property from the western Property line to Branders Bridge Road. 6. A variable width right-of-way for a limited access interchange for the East/West Freeway with the North/South Parkway, totaling approximately sixty- two and eight tenths (62.8) acres as generally depicted in Exhibit C. 7. A backwater easement, not to exceed 11.5 acres, on the west side of Branders Bridge Road, generally located approximately 1,350 feet south of the Happy Hill Road Connection. The exact location and size of the easement shall be approved by the Transportation Department. (T) 8. Access Vehicular access for the Property shall be as described below, and as generally shown on the Master Plan. Any modification to the accesses described below and the exact location and type of all accesses shall be approved by the Transportation Department. 10 06SN 0244-SEP 26- BOS- RPT (STAFF/CPC) (STAFF/CPC) 9. A. Prior to any tentative subdivision approval or site plan approval, whichever occurs first, an access plan for the North/South Parkway and Happy Hill Road Extended shall be submitted to and approved by the Transportation Department. Vehicular access from the Property to these roads shall conform to the approved access plan. B. Direct vehicular access from the Property to Bradley Bridge Road shall be limited to one (1) public road intersection. The exact location of this access shall be approved by the Transportation Department. C. Direct vehicular access from the Property to Branders Bridge Road shall be limited to six (6) public road intersections, excluding the North/South Parkway, the East/W est Freeway and Happy Hill Road Connection. The exact location of these accesses shall be approved by the Transportation Department. D. Direct vehicular access from the Property to the East/West Freeway shall be limited to one (1) entrance/exit to serve Tract 10, excluding the intersections of the North/South Parkway and Branders Bridge Road. The exact location of this access shall be approved by the Transportation Department. E. No direct vehicular access shall be provided from the Property to Glebe Point Road or Skybird Road in the Glebe Point Subdivision. (T) Public Roads. In all tracts with residential uses, excluding Use Type E (Multifamily Community) if located within multi-story structures and Use Type G and Use Type H (Assisted Living Community provided units are not for sale) as described in the Textual Statement, all roads that accommodate general traffic circulation through the development, as determined by the Transportation Department, shall be designed and constructed to VDOT standards and taken into the State System. (T) 10. Transportation Improvements. To provide an adequate roadway system, the Developer shall be responsible for the following. The exact design and length of these improvements shall be approved by the Transportation Department. Alternative road improvements, as requested by the 11 06SN 0244-SEP 26- BOS- RPT Developer and approved by the Transportation Department and that provide acceptable levels of service as determined by the Transportation Department, may be substituted for the road improvements identified in this Proffered Condition: A. Construction of additional pavement along Bradley Bridge Road at the approved public road intersection to provide left and right turn lanes. B. Construction of additional pavement along Branders Bridge Road at each approved public road intersection including at the North/South Parkway and at the East/West Freeway to provide left and right turn lanes. C. Widening/improving the south side of Bradley Bridge 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 to the extent that such overlay does not exceed $45,000 per mile, adjusted upward based on an increase in the Marshall and Swift Building Cost Index between July 1, 2006 and the fiscal year in which the improvement is made, with modifications approved by the Transportation Department. D. Widening/improving the west side of Branders Bridge 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 to the extent that such overlay does not exceed $45,000 per mile, adjusted upward based on an increase in the Marshall and Swift Building Cost Index between July 1, 2006 and the fiscal year in which the improvement is made, with modifications approved by the Transportation Department. E. Construction of a two-lane road for Happy Hill Road Extended based on VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Department, from the eastern Property line, through the Property to the western Property line. 12 06SN 0244-SEP 26- BOS- RPT F. Construction of a four-lane divided road for the North/South Parkway, based on VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Department, from Branders Bridge Road at the northern Property line, through the Property to the East/West Freeway. G. Construction of a two-lane road for an east/west limited access facility based on VDOT Rural Principal Arterial (60 MPH) standards with modifications approved by the Transportation Department, for the East/West Freeway through the southern part of the Property from the North/South Parkway to Branders Bridge Road. H. Construction of additional pavement along the North/South Parkway, along Happy Hill Road Extended and along the East/W est Freeway at each approved access to provide left and right turn lanes, based on Transportation Department standards. I. Full cost of traffic signalization, including turn lanes at locations specified in the Study along Bradley Bridge Road, along Branders Bridge Road, along the North/South Parkway, along Happy Hill Road Extended and along the East/W est Freeway at each approved access, if warranted as determined by the Transportation Department and as indicated in the Study. 1. Construction of a two-lane road for an east/west major arterial ("Happy Hill Road Connection"), based on VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Department, including turn lanes and a traffic signal as required by the Transportation Department and as indicated in the Study, from the eastern Property line, to Branders Bridge Road at the Happy Hill Road intersection. K. Reconstruction as a two-lane road of Happy Hill Road, based on VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Department, including turn lanes and traffic signal modification as required by the Transportation Department and as indicated in the Study, from the Old Happy Hill Road intersection to Harrowgate Road. L. Construction of a four-lane divided road for a north/south arterial (" North/South Parkway Extended"), based on 13 06SN 0244-SEP 26- BOS- RPT VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Department, including turn lanes and traffic signals as required by the Transportation Department and as indicated in the Study, from Branders Bridge Road at the North/South Parkway intersection to existing Iron Bridge Road (Route 10). M. Construction of a four-lane divided road for a north/south arterial (" North/South Parkway Extended"), based on VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Department, including turn lanes and traffic signals as required by the Transportation Department and as indicated in the Study, from Route 10 at the North/South Parkway Extended intersection to existing Chester Road. N. Construction of an additional two (2) lanes along existing Chester Road to provide a four-lane divided road, based on VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Department, and turn lanes as required by the Transportation Department and as indicated in the Study from its intersection with North/South Parkway Extended extending north to the existing four (4) lanes of Chester Road. O. Construction of a two-lane road for an east/west limited access facility (the "East/West Freeway Extended") based on VDOT Rural Principal Arterial (60 MPH) standards with modifications approved by the Transportation Department, including turn lanes and traffic signals or traffic signal modifications as required by the Transportation Department and as indicated in the Study, from Branders Bridge Road to Jefferson Davis Highway (Route 1/301) at the Ruffin Mill Road intersection. P. Construction of the intersection improvements, including adequate storage and receiving lanes as determined by the Transportation Department, as shown on Figure 4 in the Study Addenda 4 prepared by T3 Design dated June 20, 2007. Q. 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 the "off-site" right-of-way that is necessary for the road improvements described in Proffered 14 06SN 0244-SEP 26- BOS- RPT (STAFF/CPC) Conditions 10. A. through O. above, the Developer may request, in writing, that the county acquire such right-of- way as a public road improvement and the Transportation Department will present and support the request to the Board of Supervisors if the Transportation Department determines that the request is consistent with the Thoroughfare Plan. All reasonable costs associated with the acquisition of the right-of-way shall be borne by the Developer pursuant to a separate contract on the Utilities Department standard form currently titled "Contract for Payment of Easements and Right of Way Acquisition Costs" between the Developer and the County for the payment of right of way acquisition costs. In the event the county fails 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, and the road improvements provided within available right-of-way shall be deemed to satisfy the requirement in the approved phasing plan as identified in Proffered Condition 11. (T) R. To the extent certain road improvements required herein are financed through a Community Development Authority or other funding mechanism approved by the Board of Supervisors and are constructed within the time frames identified herein, the requirements contained herein for the specific road improvements that are the subject of the approved funding mechanism shall be deemed satisfied. (T) S. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the Property, the value of the road improvements provided hereunder in Proffered Condition 10 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) 11. Residential Phasing Plan. Prior to any construction plan approval or site plan approval, whichever occurs first, a phasing plan for the required road improvements as identified in Proffered Condition lOA. through P., shall be submitted to and approved by the Transportation Department. Unless otherwise mutually agreed upon by the Transportation Department and the Developer, the approved phasing plan shall require, among other things, that: 15 06SN 0244-SEP 26- BOS- RPT A. Phase Ion Exhibit A Prior to release of the first building permit, two (2) lanes of the four (4) lane divided North/South Parkway Extended including turn lanes and traffic signals if warranted as determined by the Transportation Department as described in Proffered Condition 10. L., from Branders Bridge Road at the North/South Parkway intersection to existing Iron Bridge Road (Route 10), Happy Hill Road Connection as described in Proffered Condition 10. 1., and the reconstruction of Happy Hill Road as described in Proffered Condition 10.K. shall be completed, as determined by the Transportation Department. In addition, the Board of Supervisors shall approve the specific location for the East/W est Freeway Extended as described in Proffered Condition 10.0. from Branders Bridge Road to Route 1/301. B. Phase II on Exhibit A Prior to recordation or site plan approval for a cumulative of more than 600 residential units, two (2) lanes of the four (4) lanes of North/South Parkway Extended including turn lanes and traffic signals if warranted as determined by the Transportation Department as described in Proffered Condition 10. M. from Route 10 to existing Chester Road shall be completed as determined by the Transportation Department. C. Phase III on Exhibit A Prior to recordation or site plan approval for a cumulative of more than 1,800 residential units, two (2) lanes of the East/W est Freeway Extended including turn lanes and traffic signals if warranted as determined by the Transportation Department as described in Proffered Condition 10.0. from Harrowgate Road to Route 1/301 shall be completed as determined by the Transportation Department. D. Phase IV on Exhibit A Prior to recordation or site plan approval for a cumulative of more than 2,500 residential units, two (2) lanes of the East/W est Freeway Extended including turn lanes and traffic signals if warranted as determined by the 16 06SN 0244-SEP 26- BOS- RPT Transportation Department and as indicated in the Study, as described in Proffered Condition 10.0. from Branders Bridge Road to Harrowgate Road, four-lane divided road for the North/South Parkway from Branders Bridge Road to the East/W est Freeway as described in Proffered Condition 10.F., two-lane road for the East/West Freeway from the North/South Parkway to Branders Bridge Road as described in Proffered Condition 10.G., and two (2) additional lanes for existing Chester Road to provide a four-lane divided road as described in Proffered Condition 10.N. shall be completed as determined by the Transportation Department. E. Phase V on Exhibit A Prior to recordation or site plan approval for a cumulative of more than 3,250 residential units, two (2) additional lanes of North/South Parkway Extended which provides for a four-lane divided road, including turn lanes and traffic signals if warranted as determined by the Transportation Department as described in Proffered Condition 10. M. from Route 1 0 to existing Chester Road shall be completed as determined by the Transportation Department. F. Phase VI on Exhibit A Prior to recordation or site plan approval for a cumulative of more than 4,000 residential units, two (2) additional lanes of North/South Parkway Extended which provides for a four-lane divided road, including turn lanes and traffic signals if warranted as determined by the Transportation Department as described in Proffered Condition 10.L. from Branders Bridge Road to existing Iron Bridge Road (Route 10) shall be completed as determined by the Transportation Department. G. In conjunction with any development that includes direct vehicular access to Bradley Bridge Road as described in Proffered Condition 8. B., the road improvements along Bradley Bridge Road, as identified in Proffered Condition 10. C. shall be completed as determined by the Transportation Department. H. In conjunction with any development that includes direct vehicular access to Branders Bridge Road, other than the North/South Parkway, the Happy Hill Road Connection 17 06SN 0244-SEP 26- BOS- RPT (STAFF/CPC) and the northernmost public road intersection as shown on the Master Plan as described in Proffered Condition 8. C., the road improvements along Branders Bridge Road, as identified in Proffered Condition 10. D. shall be completed as determined by the Transportation Department. (T) 12. Non-residential Phasing Plan. Prior to any site plan approval, phasing plan for the required road improvements as identified in Proffered Condition lOA. through P., shall be submitted to and approved by the Transportation Department. Unless otherwise mutually agreed upon by the Transportation Department and the Developer, the approved phasing plan shall require, among other things, that: A. Prior to issuance of a building permit for any non- residential development, the required road improvements in Phase I of the Residential Phasing Plan as identified in Proffered Condition 11.A. shall be completed, as determined by the Transportation Department. B. Prior to: 1) issuance of building permit(s) for more than a cumulative total of 25,000 square feet of recreation center(s); or 2) issuance of a building permit(s) for more than 200 Assisted Living Community Units, the required road improvements in Phases I and II of the Residential Phasing Plan as described in Proffered Conditions 11.A. and B. shall be completed, as determined by the Transportation Department. C. Prior to issuance of a building permit for an elementary school, the required road improvements in Phases I through III of the Residential Phasing Plan as identified in Proffered Conditions 11.A. through C. shall be completed, as determined by the Transportation Department. D. Prior to issuance of a building permit for a high school, the required road improvements in Phases I through IV of the Residential Phasing Plan as identified in Proffered Conditions l1.A. through D. shall be completed, as determined by the Transportation Department. E. Prior to issuance of a building permit for more than a cumulative total of 70,000 square feet of office/retail the required road improvements required in Phases I through VI of the Residential Phasing Plan as described in Proffered Conditions 11.A. through F. above shall be 18 06SN 0244-SEP 26- BOS- RPT completed as determined by the Transportation Department. (T) (STAFF/CPC) 13. Phasing Revisions. The estimated cost of the "off-site" road improvements for each phase of development as detailed in Proffered Conditions 11 and 12, is identified on Exhibit B. The phasing required for these off- site road improvements as described in Proffered Conditions 11. and 12. may be revised by the Transportation Department if actual traffic impacts differ significantly from the assumptions in the Study, as determined by the Transportation Department. However, in no case shall the cost of the revised off-site road improvements for each phase of the development exceed the estimated costs of the phased road improvements as indicated on Exhibit B. (T) 14. Contribution. The Developer shall pay (the "Payment") to Chesterfield County schools 25% of the cost difference between $15,600 times 4,988 dwelling lots/units (the "Contribution") and the actual cost incurred by the Developer for the cost of the improvements described in Proffered Conditions 10.1., K., L., M., N., 0., and P. (the "Improvements"), provided the actual cost of the Improvements is less than the Contribution. If the Payment is paid after June 30,2007, the amount paid shall be adjusted upward by any Board of Supervisors' approved 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. The Payment shall be made within 60 days after the completion of the Improvements and submission by the Developer of all supporting documentation for the cost of the Improvements to the Chesterfield County Department of Budget & Management. For purposes of this proffer, the cost to construct the Improvements shall include, but not be limited to, the reasonable cost of right-of- way acquisition, engineering, relocating utilities, signalization and other traffic control devices and actual costs of construction of roads, and turn lanes (including labor, materials, interest on borrowed funds and overhead). (B&M, T and SA) 15. Master Road Plan. The Master Plan shall be considered the Master Road Plan. Approval of the Plan by the County does not imply that the County gives final approval for any particular road alignment or section. (T) 16. Environmental Engineering Study. A. Western Drainage Area 19 06SN 0244-SEP 26- BOS- RPT The Developer will perform an off-site drainage study for that property that drains to the west through Glebe Point and will analyze the pipes under any state roads and any floodplains that have been recorded in the sections of Glebe Point. If any of the floodplains that are currently recorded or the pipes under any state road exceed current VDOT standards for secondary roads then the developer will retain water on-site and release such that the 100 year floodplains in Glebe Point are not affected and that the existing pipes meet current VDOT criteria. B. Eastern Drainage Area For all those portions of Branner Station that drain to the east under Branders Bridge Road, the developer will perform a drainage study through the existing subdivisions for all outfalls and based on the studies the Developer will retain and release water on-site or increase the pipes under Branders Bridge Road to meet current VDOT criteria without increasing any of the recorded floodplains in the subdivisions east of Branders Bridge Road. (EE) 17. Silt Basins. All silt basins in the southern one-third and western one-third portions of the Property shall be sized with a twenty-five percent (25%) increased volume per acre for disturbed areas, with undisturbed areas sized to the required volume per acre based on the requirements of the current Virginia Erosion and Sediment Control Handbook. (EE) GENERAL INFORMATION Location: South line of Bradley Bridge Road and the west line of Branders Bridge Road. Tax IDs 780-644-8171; 781-637-Part of 6541; 781-639-3251; 781-641-6250; 783-635-0505; and 784-641-6810. Existing Zoning: A Size: 1614.5 acres Existing Land Use: Vacant 20 06SN 0244-SEP 26- BOS- RPT Adiacent Zoning and Land Use: North and South - A; Single family residential or vacant East - R-15, R-12 & A; Single family residential or vacant West - R-88, R-15 and A; Single family residential or vacant UTILITIES Public Water System: There is an existing thirty (30) inch transmission main at the intersection of Bradley Bridge Road and Lewis Road, approximately 2,400 feet west of the request site; a sixteen (16) inch water line along Branders Bridge Road between the new Happy Hill Road and Baltustrol Avenue (Stoney Glenn Subdivision); a sixteen (16) inch water line along Bradley Bridge Road; and sixteen (16) inch water line in Glebe Point Road, approximately 1,550 feet west of the request site. The use of the public water system is required by County Code. The proposed "Branner Station" development lies between the Courthouse and Chester Pressure Zones. The on-site water distribution system will need to incorporate an interconnection between these two (2) pressure zones. In addition, Pressure Regulating and/or Flow Control Valve(s) will be required for future operations of the public water system to provide the ability of the Courthouse zone to supplement the Chester zone during periods of high demand (Proffered Condition 3.a.ii). The developer will be required to perform a thorough analysis of the future water system for the development to determine the future pressure zone boundary line (Proffered Condition 3.a.vi). This must be submitted with the required Overall W ater/W astewater System Plan. Public Wastewater System: The proposed "Branner Station" development lies within both the Timsberry Creek and Swift Creek drainage basins. There is an existing eighteen (18) inch wastewater line located approximately 380 feet from the request site, within the Lippingham (Stoney Glen) Subdivision. With construction of the "Timsberry Pointe" Subdivision (adjacent to Stoney Glen), a twelve (12) inch wastewater line will be extended to within 150 feet of Branders Bridge Road. The existing and proposed wastewater lines were designed anticipating a residential development density of ten (10) persons per acre, which equates to a potential flow of 1000 gallons per day (average) per acre. The use of the public wastewater system is required by County Code. The developer will construct off-site extensions from the Timsberry Creek wastewater trunk. (Proffered Condition 3.a.iii) That portion of the development within the Lower Swift Creek drainage basin is anticipated to be served by a public wastewater pumping station and force main to be constructed by the developer. An above ground utility structure will be a permitted use under the requested zoning and Conditional Use Planned Development. The pumping station is identified in the County's Water and Wastewater Facilities Plan as needed to serve a large area depicted as future "Regional Mixed-Use" in the Southern and Western Area Land Use Plan. The 21 06SN 0244-SEP 26- BOS- RPT pumping station will discharge flows into the existing Timsberry Creek system, at a point near the existing Timsberry Creek Wastewater Pumping Station which is located east of Jefferson Davis Highway, adjacent to the Millside Subdivision. The exact discharge point must be approved by the Utilities Department. The force main could be 28,000 feet or more in length, and the pumping station structure would need to be constructed for ultimate build- out of the service area. A map of the pump station service area and for the force main route must be submitted with the required Overall W ater/W astewater System Plan for the development (Proffered Condition 3.a.iv and v). The pumps initially installed would be sized for future flows to be generated by the proposed development. Parties that later develop the adjacent "Regional Mixed-Use" area will be required to install larger pumps to accommodate additional wastewater flows. The developer of "Branner Station" will be required to submit an engineering study showing that the site proposed for the pump station will serve the intended area (Proffered Condition 3.a.vi). This must be submitted with the required Overall W ater/W astewater System Plan for the development. Should a pump station location within the request site not be acceptable to the County, the developer will acquire land off-site to accommodate the pump station and an access road at a location acceptable to the County, obtain the necessary zoning and Substantial Accord Determination, and dedicate that land to the County. (Proffered Condition 3.c.) ENVIRONMENT AL Drainage and Erosion: The subject property drains in three (3) directions. Each of the three (3) directions constitutes approximately one third of the property being requested for rezoning. Southern One Third of the Property: The southern one third of the property drains to the south to a tributary that drains directly into Swift Creek. There are no known on- or off- site drainage or erosion problems in this one third of the property. Western One Third of the Property: The western one third of the property drains to the southwest through two tributaries. The two tributaries pass through sections of Glebe Point Subdivision prior to reaching Swift Creek. There are currently no known on- or off-site erosion problems at this time. But due to the age of Glebe Point Subdivision (recorded prior to the adoption of the Floodplain Ordinance in 1983) and the assumptions made for the portion of the proposed development that will drain in that direction, the developer should analyze the pipes under any state roads and any floodplains and if Glebe Point is affected, the developer should agree to retain water on site such that the existing pipes under any roads and the recorded floodplains in Glebe Point remain the same. Proffered Condition 16.A. provides that the developer will perform this analysis and will retain water on-site so that the floodplains and culverts in Glebe Point are not affected. Northeastern One Third Drainage Area: The third drainage area drains to the east under Branders Bridge Road in three (3) locations to Timsberry Creek. In all instances, the floodplains downstream were calculated on this one third of the request property being 22 06SN 0244-SEP 26- BOS- RPT developed as single family residential. The culverts under Branders Bridge Road in at least two of the three locations appear to be inadequate. To address this concern, the developer has proffered to retain and release water on-site in combination with increasing the pipes if necessary under Branders Bridge Road to meet current VDOT standards for secondary roads and has agreed to analyze the existing off site floodplains such that the recorded 100 year floodplains are not increased (Proffered Condition 16.B.). Overall: Downstream of the proposed project is a large amenity lake on Swift Creek in Colonial Heights. This lake could receive additional siltation from the southern and western two-thirds of the development during construction due to the steep terrain. To help maximize the efficiency of erosion control measures on-site, the developer has proffered to design all sediment basins larger than the state minimum. (Proffered Condition 17) The subject property is heavily wooded and, as such, should not be timbered without obtaining a land disturbance permit from the Department of Environmental Engineering and the appropriate devices installed. (Proffered Condition 2) Water Quality: As previously noted, the southern one third of the property drains to the south to a tributary that drains directly into Swift Creek. This tributary forms the entire southeast property line of the site. This tributary is a perennial stream and, as such, is subject to a 100 foot conservation area inside of which uses are very limited. 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 and further detailed by specific departments in the applicable sections herein. Fire Service: The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls are expected to increase forty-four (44) to seventy-eight (78) percent after 2022. Six (6) new fire/rescue stations are recommended for construction by 2022 in the Plan. One of these new sites is suggested in the area of the request property after 2022. In addition to the six (6) new stations, the Plan also recommends the expansion of five (5) existing stations. Based on 4,988 dwelling units, this request will generate approximately 1,457 calls for fire and emergency medical service each year. The applicant has not offered measures to address the impact on fire and EMS. The Fire Department does not support the waiver to street connectivity requirements to Glebe Point and Skybird Roads. Having interconnectivity should improve public safety response time to residents by providing multiple means of access. 23 06SN 0244-SEP 26- BOS- RPT The Chester Fire Station, Number 1 and Bensley Bermuda Volunteer Rescue Squad currently provide fire protection and emergency medical service. When the property is developed, the number of hydrants, quantity of water needed for fire protection, and access requirements will be evaluated during the plans review process. Schools: Approximately 2,644 students, (Elementary: 1,147, Middle: 649, and High: 848), will be generated by this development. Currently, this site lies in the Harrowgate Elementary School attendance zone: capacity - 535, enrollment - 689; Matoaca Middle School zone: capacity - 1,415, enrollment - 1,058; and Matoaca High School zone: capacity - 1,594, enrollment - 1,681. The enrollment is based on September 29, 2006 and the capacity is as of 2006-2007. This request will have a significant impact at the elementary and secondary school level. There are currently seventeen (17) trailers at Harrowgate Elementary and four (4) at Matoaca Middle. The new Elizabeth N. Scott Elementary School is scheduled to open this fall. This will provide relief for Enon, Marguerite Christian, Harrowgate, Wells and Curtis Elementary Schools. This area of the county continues to experience growth and this school will provide much needed space. This case, combined with other tentative residential developments and zoning cases in the zones, would have a major impact on schools in this area of the county at both the elementary and secondary levels. This case could necessitate some form of relief in the future. The applicant has proffered two (2) school sites, an elementary and a high school site. The elementary school site consisting of thirty-two (32) usable acres is adequate to accommodate an elementary school. The proposed high school site of seventy-five (75) usable acres is adequate to accommodate a high school. The timing of land dedications and construction of roads and public utilities to these sites is acceptable. In the event a decision is made to develop the sites faster than anticipated in the CIP, the cost of roads and public utilities would be the responsibility of the County. Libraries: Consistent with the Board of Supervisors' policy, the impact of development on library services is assessed countywide. Based on projected population growth, the Chesterfield County Public Facilities Plan (2004) identifies a need for additional library space throughout the county. Development of property in this area of the county would most likely affect the existing Central Library, Chester Library or Ettrick-Matoaca Library. The 2004 Public Facilities Plan identifies a need to expand the Chester and Ettrick- Matoaca libraries and also identifies a need for a new library site to be located in the southeastern part of the County to accommodate growth beyond 2022. The applicant has not offered measures to assist with addressing the impact of this development on library facilities. 24 06SN 0244-SEP 26- BOS- RPT Parks and Recreation: The proposal does not fully address impacts of the proposed development on Parks and Recreation. The Public Facilities Plan identifies a deficiency of parkland in all three (3) categories of regional, community and neighborhood parks. Resource based, special purpose parks do not have a land target, but are selected and developed based on the unique environmental, historical, or cultural resources. The Plan identifies a regional park, 100-500 acres in size and a community park, 20-99 acres in size in this area of the County. The Southern and Western Plan identifies the need for 165 acres of regional parkland in the planning area. The Public Facilities Plan identifies the need for additional sports fields, court games, picnic areas, playgrounds, and walking trails. Typically, the department desires to co- locate playing fields with elementary and middle schools. Trail systems are desired along Swift Creek and its major tributaries and to connect these main trails to schools, libraries, and other destination points, such as residential neighborhoods, retail areas, commercial areas and other parks. The Plan specifically identifies the continuation of the Chester Linear Trail, south along the routes of the abandoned railroad corridor to utilize the prepared grade. The Southern and Western Plan identifies the need for public access to Swift Creek and its tributaries and the need for walking trails and linear parks along the rivers and streams within the planning area. The applicant proposes land dedication to the County, but does not specifically identify land dedicated for park use, such that the impact for specific park type acreage needs cannot be determined. The land dedication proposed for Tract 9 (two (2) parcels), does not qualify as resource-based special purpose parks. Tract 11 can be identified as environmental resource-based special purpose park (stream corridor linear park) and does satisfy the Plan's need. The acreage associated with this dedication does not count towards the needed acreage for regional and community park types. The case also proposes private neighborhood parks which will assist in meeting the needs for neighborhood type park development desired by the department. As the case does not specifically dedicate land, in acreage or location, for parks, the impact for specific facility development (sports fields, court games, picnic areas, etc.) cannot be determined. The proposal does satisfy stream corridor trail development/public access along the eastern tributary of Swift Creek (southern edge of case property), internal trail systems and connections to destination points within the development and north/south trail development along the proposed parkway. The proposed parkway route does not follow the Chester Linear Park proposed corridor. It is suggested that the abandoned railroad corridor be used for internal trail systems as it ties residential tracts and Town Hall with the large public Tract 9 in the south. No public access or land dedication is shown for 25 06SN 0244-SEP 26- BOS- RPT Swift Creek. A connection with the regional mixed use Tract 10 is suggested for the Parkway Trails system and to tie to Swift creek and its tributaries. Transportation: This development proposal will generate approximately 66,800 average daily trips (ADT), including 4,700 vehicles per hour (VPH) during the morning peak hour and 6,500 VPH during the evening peak hour. The proposed residential development (4,988 units) is larger than any of the county's existing developments, such as Brandermill (3,920 units) and W oodlake (2,724 units), and is almost five times the size of Rivers Bend (1,037 units), the largest residential development in this area. The proposed commercial development (470,000 square feet of shopping center) is approximately one and a half times larger than the existing Ironbridge Plaza Shopping Center (approximately 320,000 square feet) located at the intersection of Route 10 and Chalkley Road and anchored by Wal-Mart. The property, approximately 1,615 acres, is currently zoned Agricultural (A), and the applicant is requesting rezoning to Residential (R-12) on approximately 1,446 acres and Regional Business (C-4) on approximately 169 acres. The applicant proposes to develop: 2,449 single-family units 1,331 townhouse/condominium units 908 apartments 300 assisted living community units 470,000 square feet of shopping center 950-student elementary school 1,750-student high school 25,000 square feet of recreation center, and 371 acres of community parks. The applicant submitted a traffic study that satisfies the Transportation Department's requirements for an analysis of the site's traffic at build-out and at various stages of its development. The following off-site improvements have been proffered to mitigate the traffic impact of this request: 1) construction of four (4) lanes ofa north/south major arterial from Branders Bridge Road to Chester Road (the "North/South Parkway Extended"); 2) widening Chester Road from two (2) to four (4) lanes from its intersection with the North/South Parkway Extended, northward to the existing four (4) lane section of Chester Road; and 3) construction of a two-lane road for an east/west limited access facility from Branders Bridge Road to Jefferson Davis Highway (Route 1/301) at the Ruffin Mill Road intersection (the "East/West Freeway Extended"); 4) construction of a two-lane east/west major arterial from the eastern property line to Branders Bridge Road at the Happy Hill Road intersection ("Happy Hill Road Connecti on"); 26 06SN 0244-SEP 26- BOS- RPT 5) reconstruction of Happy Hill Road as a two-lane road from the Old Happy Hill Road intersection to Harrowgate Road. Exhibit B indicates the applicant's estimated cost of the off-site road improvements for each phase of development. The applicant has estimated that the total cost of the off-site road improvements is approximately $72 million. Staff calculates the value of the off- site road improvements to be approximately $128 million, based solely on a rough cost per mile calculation for typical VDOT projects. The actual cost of this construction cannot be determined until the work is complete and may be more or less than this estimated amount. However, based on the proffered conditions, the applicant is required to construct the off-site road improvements regardless of the cost. The following on-site road improvements have been proffered: 1) construction of a four-lane divided major arterial from Branders Bridge Road at the northern property line, through the property to the East/West Freeway (the "North/South Parkway"); 2) construction of a two-lane road for an east/west limited access facility through the southern part of the property from the North/South Parkway to Branders Bridge Road (the "East/West Freeway"); 3) construction of a two-lane east/west major arterial through the property ("Happy Hill Road Extended") and 4) improving/overlaying the south side of Bradley Bridge Road and the west side of Branders Bridge Road for the entire property frontage. The on and off-site improvements are consistent with the Thoroughfare Plan. The applicant has proffered a phasing plan (Exhibit A) for the major on and off-site road improvements (Proffered Conditions 11 and 12). According to the phasing plan, the road improvements will be constructed in advance of the traffic impact generated by each phase of the development. The four lane north/south road from the property to Route 288 will be in place prior to 4,000 units being developed and the two lane east/west limited access road from the property to 1-95/ Route 1 will be in place prior to 2,500 units being developed. Proffered Condition 13 would allow the Transportation Department to revise the phasing of the off-site road improvements, if actual traffic patterns differ significantly from the assumptions in the traffic study. If a revised phasing is desired by Transportation, it will be limited to an equivalent improvement cost / approved unit as indicated in Exhibit B. In order to construct many, if not all, of the off-site road improvements, a significant amount of right-of-way will need to be acquired, possibly including several residences. Proffered Condition 11.A, requires that prior to any development on the property the Board of Supervisors must approve the specific alignment for the new East/W est Freeway. Customary preliminary engineering, environmental studies and public hearing(s) associated with typical public road projects are anticipated. According to 27 06SN 0244-SEP 26- BOS- RPT Proffered Condition 10.Q, the applicant may request the county to assist in acquiring the off-site rights-of-way. The acquisitions will be at developer expense. If the county chooses not to assist with the right-of-way acquisition, the developer will not be obligated under the proffer to acquire the off site right-of-way, and will only be obligated to construct road improvements within available right-of-way. The applicant will be allowed to proceed with development of the property without constructing the necessary road improvements. Without the road improvements, staff does not support the request. Therefore. if the Board of Supervisors is not prepared to assist the applicant with acauirin2: the necessarv ri2:ht-of-wav for these off-site road improvements. this rezonin2: reauest should be denied. A development of this magnitude will have significant traffic impacts beyond the immediate road network in the area. Additional growth anticipated in the area will also impact the road network. Route 10, from Chester to Route 288, is expected to carry between 29, 000 and 41,000 vehicles per day by the year 2025, nearly double the current volume, and will need to be widened to six lanes. Route 10 through Chester is expected to increase from 22,000 to 32,000 vehicles per day. No further improvements to Route 10 in Chester are planned. Harrowgate Road is expected to carry 18,000 vehicles per day, up from 11,000 vehicles per day, and will need to be widened to four lanes. Branders Bridge Road, south of the property, is expected to carry 13,000 vehicles per day, up from 2,000 vehicles per day. Lewis Road, from Route 10 to Bradley Bridge Road, is expected to carry 18,000 vehicles per day, up from 6,000 vehicles per day. The new east / west limited access road will need to be widened to four lanes in the future. No public funds have been identified for improvements to these roads nor was the developer asked to address these needs. The developer was requested, and has agreed to provide a four lane divided north south road from the property to Route 288 and has agreed to provide a new two lane limited access road from the property to 1-95 / Route 1. These two major improvements to the area road network, along with the other proffered improvements, reasonably address the impact of this development. The Transportation Department supports the zoning request. The Virginia Department of Transportation (VDOT) is in the process of implementing their new Chapter 527 regulations. The regulations require developers to submit traffic impact analyses to VDOT for their review and approval. The rezoning request was sent to VDOT for comment in March 2006. The county required traffic study was submitted to VDOT in March 2007. VDOT replied to the traffic study in May 2007, indicating the scope of the study should be increased to analyze additional locations such as the Interstate 95/Walthall interchange. VDOT has not provided comments on the zoning case. The Transportation Department is satisfied with the submitted traffic analysis. The developer will have to work with VDOT to satisfy their regulations. 28 06SN 0244-SEP 26- BOS- RPT Financial Impact on Capital Facilities: PER UNIT Potential Number of New Dwelling Units 4,988* 1.00 Population Increase 13,567.36 2.72 Number of New Students Elementary 1,162.20 0.23 Middle 648.44 0.13 High 842.97 0.17 TOTAL 2,653.62 0.53 Net Cost for Schools $26,675,824 $5,348 Net Cost for Parks 3,012,752 604 Net Cost for Libraries 1,740,812 349 Net Cost for Fire Stations 2,020,140 405 Average Net Cost for Roads 44,602,696 8,942 TOTAL NET COST $78,052,224 $15,648 * Based on a proffered maximum number of allowable units inclusive of the assisted living units (Proffered Condition 5). The actual number of dwelling units and corresponding impact may vary. As noted, this proposed development will have an impact on capital facilities. Staff has calculated the fiscal impact of every new dwelling unit on schools, roads, parks, libraries, and fire stations at $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 offered a combination of road improvements, and dedications of land to assist in defraying the cost of this proposed zoning on such capital facilities (Proffered Conditions 4, 10 and 14). The road improvements, in combination with the property dedications, provided the developer satisfies the requirements for infrastructure serving Tracts 9A, 9B, 11A and lIB, meet the impact of this request on capital facilities in the aggregate. It is noted however, that the impact of this request on schools, parks, libraries and fire stations has not been mitigated as the value of the proffers is in large part directed to mitigate the transportation impacts. The applicant has also proffered to dedicate a minimum of 141.5 acres in the aggregate for public purposes. Staff anticipates that Tract 9A in the center of the project would be used for an elementary school with expanded recreational facilities that will help to partially mitigate impacts of this development on park facilities. Staff anticipates that Tract 9B in the southern 29 06SN 0244-SEP 26- BOS- RPT portion of the property would be used for a high school. Staff anticipates that Tracts 11A and lIB would be used for park facilities, and possibly a utility pump station. The dedication of Tracts 11A and lIB and a portion of9A help to partially mitigate the impact of this development on school and park facilities. While the dedications offer a benefit to the county in helping to offset the impacts of this development, staff does have certain concerns relative to the provision of road and utility infrastructure that would serve the sites. The proffered conditions could lead to the county providing required infrastructure improvements, both on and offsite, to serve the facilities if the county needs to develop these sites sooner than anticipated under the developer's schedule. Significant costs to provide road improvements both beyond and within the limits of the subject property, and utility infrastructure that would include water and wastewater lines and pump stations could become a county responsibility if the county schedule precedes the developer's schedule. Recognizing these concerns, currently, the capital improvement program does not plan funding in a time frame that would create such a scenario. The proffers allow the county to share in any of the developer's road construction cost savings whereas the county will receive a payment equal to 25 percent of the difference between the cost of the Improvements and the Contribution provided the cost of the Improvements is less than the Contribution. This potential savings would be allocated to partially address the impact on school facilities. Staff believes that the likelihood of any cost savings reverting to the county is remote as costs are defined to include among other things, the cost of interest on borrowed funds. Interest costs are netted out of the county's maximum cash proffer calculation and therefore are not included in the $15,600 maximum cash proffer. In summary, the applicant has agreed to conditions that mitigate the impact of this development on roads, but fall short of mitigating the impact on schools, parks, libraries and fire stations in accordance with the Board of Supervisors' policy. The land dedications have the potential to help offset the impact of this development on school needs in particular, but do not fully offset the impact generated on schools. The school system finds the proffered conditions acceptable. 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. The Planning Commission and the Board of Supervisors, through their consideration of this request, may determine that there are unique circumstances relative to this case that may justify acceptance of proffers as submitted. LAND USE Comprehensive Plan: Lies within the boundaries of the Southern and Western Area Plan which suggests the northern majority of the property is appropriate for residential use of 1.01 - 2.5 units per acre and the southern most portion of the property is designated as a Regional Mixed Use 30 06SN 0244-SEP 26- BOS- RPT Center incorporating major office, shopping center and multi-family development with a 300 acre industrial park site. Area Development Trends: Area properties to the north and south are zoned Agricultural (A) and are occupied by single family residential use on acreage parcels or are vacant. Properties to the east are zoned Residential (R-15 & R-12) and Agricultural (A) and are occupied by single family residential use on acreage parcels and within Stoney Glen South and Lippingham Subdivisions or are vacant. Properties to the west are zoned Residential (R-88 & R-15) and Agricultural (A) and are occupied by single family residential use on acreage parcels and within Glebe Point Subdivision or are vacant. It is anticipated that the surrounding area will continue to experience residential development with the potential for additional regional scale commercial uses to the south, as suggested by the Plan. Site Design: The 1614.5 acre request property is proposed for Residential (R-12) and Regional Commercial (C-4) zoning to be developed as a residential development on lots with varying sizes with supporting recreational, commercial and public/semi-public uses on the 1445.4 acre portion of the property proposed for R-12 zoning with a regional commercial node on the 169.1 acre portion of the property proposed for C-4 zoning. The development will have design features which include pedestrian access, street trees and open spaces, and also incorporating some aspects of traditional neighborhoods such as buildings and parking areas located close to roadways and alleys serving the rears of uses. The property is divided into numerous development tracts. Uses will be located and developed as depicted on the Master Plan (Attachment), as described in the Textual Statement (Attachment) and the proffered conditions. The boundaries and sizes of tracts, including further divisions into Sub-tracts, may be modified so long as their relationship with each other and any adjacent properties is maintained. The location of uses within each Tract may be modified provided the transitions and separations between that Tract and adjacent Tracts as well as adjacent properties is maintained. (Textual Statement II.B. and C) Unless specifically regulated by the Textual Statement, the development of all Tracts must comply with the requirements of the Zoning Ordinance for underlying Zoning District (Residential (R-12) District standards for the portion to be rezoned to R-12 and Emerging Growth District standards for Regional Business (C-4) uses on the portion of the property proposed for C-4 zoning. The purpose of the Emerging Growth District standards is to promote high quality, well-designed projects. Such standards address access, parking, landscaping, architectural treatment, setbacks, signs, utilities and screemng. 31 06SN 0244-SEP 26- BOS- RPT Uses Permitted In All Tracts: Passive and active recreational uses limited to facilities and uses that primarily serve the surrounding residential community would be permitted within all Tracts. The Textual Statement provides for setbacks, buffers and other restrictions to minimize the impact of such uses any adjoining existing or proposed residential development. Civic and social uses, temporary model homes located in modular office units and accessory uses, buildings and structures permitted in the Zoning Ordinance would also be permitted throughout the project subject to minimum standards established in the Textual Statement and in the Ordinance relative to these uses. (Textual Statement III.A.-C.) Uses Permitted Within Certain Tracts: Family day care homes, yards sales, home occupations, and other customary accessory uses, buildings and structures associated with residential uses would be permitted throughout the project where residential uses are permitted subject to minimum standards of the Zoning Ordinance and as outlined in the Textual Statement (Textual Statement IYA. and B.). In addition, medical and dental laboratories in conjunction with medical or dental offices would be permitted. (Textual Statement IYB.) Second dwelling units, either within the same building as the principle dwelling or in a structure separated from the principle dwelling, would be permitted. The Textual Statement refers to these dwelling units as accessory dwelling units (ADUs) and provides standards for their location and development within the project (Textual Statement IYB.1.a). Occupancy of the ADUs would not be limited to family members of the property owner as has typically been required for second dwellings. Residential Density/Use Types and Minimum Lot Areas: Proffered Condition 5 provides that a maximum of 4,988 dwelling units will be permitted yielding an overall density of approximately 3.08 dwelling units per acre. Other density caps offered would limit the total number and type of dwelling units permitted with certain areas of the development. Specifically, within the R-12 portion of the development, the total number of dwelling units would not exceed 4,456 yielding a density of 3.08 dwelling units per acre. The total number of dwelling units would not exceed 532 dwelling units within the C-4 portion of the development yielding a density of approximately 3.14 dwelling units per acre. In addition, limitations are placed on the number of multi-family units not organized for sale as condominiums and the number of assisted living units permitted. Similarly, a limitation is placed on the number of dwelling units permitted within the commercial node referred to as the town center area. (Proffered Condition 5) A variety of residential units and/or lot types are proposed (Textual Statement V). The Textual Statement outlines locational criteria and minimum development standards such as lot areas and coverage, setbacks, group or row design and architectural treatment for single family units (attached and detached), cluster and townhomes and multi-family 32 06SN 0244-SEP 26- BOS- RPT residential units including Accessory Dwelling Units (ADUs) as previously discussed, assisted living facilities and over-shop housing or live/work units in the commercial areas (Textual Statement VA-H.). A summary of uses permitted by Tract is provided which will be beneficial during plan and permit review. (Textual Statement VI) Commercial Areas: There are two areas proposed within the development to serve as commercial nodes for residents within the development and from the surrounding areas. Town Center Commercial: One area, referred to as the "town center," will serve as the urban center of the R-12 portion of the development where a mix of commercial, office and public/semi-public uses, a limited number of single and multi-family residential uses, as well as "live/work" or "over-shop" units would be permitted (Textual Statement V.I.). This area is proposed to be developed in a neo-traditional manner where buildings are located closer to sidewalks, street trees are provided and regulations would govern maximum building heights and maximum tenant spaces to integrate this town center with adjacent residential development thereby promoting community character (Textual Statement V,I.2.d. & e. and Proffered Condition 5.C.(3)). In addition, Proffered Condition 5.C.(2) addresses the minimum amount Proffered conditions address the minimum amount of residential and commercial uses to be provided, as well as the timing of construction of these commercial uses in the R-12 portion of the development, to insure a mixed-use development. (Proffered Condition 5.A.(2) and 5.C.(1) & (2)) Regional Commercial Area: The portion of the property proposed for rezoning to C-4 could be developed for a mix of commercial and residential uses (Textual Statement VK.). As previously noted, development of this C-4 area would be required to meet Emerging Growth District standards for Regional Business (C-4) uses. The purpose of the Emerging Growth District standards is to promote high quality, well-designed projects. Such standards address access, parking, landscaping, architectural treatment, setbacks, signs, utilities and screening. Proffered conditions address the minimum amount of residential and commercial uses to be provided, as well as the timing of construction of these commercial uses in this area, to insure a mixed-use development (Proffered Condition 5.A.(3) and 5.C.(4)). It should be noted that the application only guarantees a minimum of 50,000 square feet of commercial uses in this area with the potential for 532 dwelling units. Further, the proposal states that "work must have begun" on the 50,000 square feet and does not guarantee the ultimate construction of that square footage. 33 06SN 0244-SEP 26- BOS- RPT Parking: All Uses: It is requested that on-street parking be allowed to count towards the required number of parking spaces for all uses (Textual Statement III. G.). Given the urban character of the development, Staff supports such exception. Town Center and Regional Commercial Areas: 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 the commercial nodes 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 three (3) spaces for every 1000 gross square feet of commercial and office uses (Textual Statement V.I.2.b. and VK.2.a.). With no data to substantiate reduction in parking requirements for these uses, staff cannot support exceptions to the parking standards of the Ordinance beyond those for Village Districts. Residential Uses: 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 III. G.). While staff supports such exception since it reduces the amount of impervious area and therefore, the impact on 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. As noted above, the Ordinance requires the provision of two (2) off-street parking spaces for each residential single family, multifamily and townhouse unit, except age restricted multifamily dwellings which require a minimum of 1.2 parking spaces for each such unit. The applicant proposes a provision of 1.75 spaces for each multi-family unit (Textual Statement VE.1.f. and VE.1.g.). Similarly, 1.5 spaces for each three (3) multi-family units (or 0.5 spaces per unit) are proposed for units designated as Assisted Living units while the Ordinance requires 0.8 spaces per unit (Textual Statement VH.1.f.). With no data to substantiate reductions in these parking requirements, staff cannot support exceptions to the parking standards of the Ordinance for these uses. Cluster Standards: The requirements offered for the project such as hardscaped driveways and alleys, setbacks for front loaded garages, street trees where exceptions to Ordinance development standards (i.e. minimum setbacks and lot areas) are requested are consistent with those typically required by the Planning Commission and Board of Supervisors on similar projects recently approved. (Textual Statement III.E., F. & I) 34 06SN 0244-SEP 26- BOS- RPT Buffers and Greenway: The residential lots within this development are subject to the Subdivision Ordinance requirements for buffers. The integrity of these buffers is often compromised when they are located on individual lots. Where these buffers are required, Staff suggests they be located in recorded open space, however, this development does not provide such a provISIOn. Along the North/South Parkway as shown on the Master Plan, a park greenway system is proposed within the fifty (50) foot buffer. This greenway is proposed to serve as the spine for trail connectivity throughout the development. (Textual Statement III.K.) Sidewalks and Pedestrian Access: Sidewalks and trails to provide connectivity throughout the development will be provided (Textual Statement III.H.). Pedestrian trails are proposed to provide connection to other neighborhoods and areas however if a trail is not provided, sidewalks are proposed on one (1) side of roads on which dwellings front the road. This standard for the provision of sidewalks only where trails are not located and only on one (1) side of a street are not consistent with the provision for sidewalks on both sides of all roads which have dwelling units fronting them as typically required on similar projects. Staff notes the importance of sidewalks to urban development and suggests that sidewalks be provided on both sides of all roads which has homes fronting the roads. Street Connectivity: An exception to the "Residential Subdivision Connectivity Policy" is requested so as to preclude any road connections to Glebe Point and Skybird Roads (Proffered Condition 8.E.). 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 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 this waiver not be granted at this time and that consideration of this waiver be evaluated during the plans review process when more detail is available. 35 06SN 0244-SEP 26- BOS- RPT CONCLUSIONS Although the density of residential use planned on the portion of the property proposed for rezoning to Residential (R-12) exceeds the density suggested by the Southern and Western Area Plan and the commercial and residential use on the portion of the property proposed for rezoning to Regional Business (C-4) does not provide the regional scale office use or major industrial development recommended for the Regional Mixed Use Center by the Plan, the proposal provides an opportunity for planning a large scale mixed use development where residential and commercial uses coupled with public/semi-public amenities create an urban lifestyle environment and where major infrastructure improvements are provided as the development occurs. The application fails to address concerns relative to parking, buffers and sidewalks, as discussed herein. While the applicant has offered land dedication, road construction and a contribution to assist in defraying the cost of this proposed development on road infrastructure and schools and parks facilities, the proffered conditions do not adequately mitigate the impact of this development on capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries and fire stations and transportation facilities 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 vary from that which has consistently been accepted in accordance with the Board of Supervisors' Policy. While the transportation impact is addressed, the remaining proffered conditions fail to fully address the impact of this request on schools, parks, libraries and fire stations in accordance with the Board's policy; however, schools are satisfied that the proffered conditions which require dedication and infrastructure for school facilities are acceptable. Therefore, the proffered conditions do not adequately mitigate the impact on these capital facilities and thereby do not assure that adequate service levels are maintained as necessary to protect the health, safety and welfare of County citizens. Therefore, Staff recommends approval of the rezoning the property subject to the applicant fully addressing the impact of this development on capital facilities in accordance with the Board of Supervisors' policy and addressing staff's concerns relative to parking, buffers and the provision of sidewalks. Staff recommends denial of Request II to grant a waiver to street connectivity. The application fails to address connectivity 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. CASE HISTORY Planning Commission Meeting (10/17/06): At the request of the applicant, the Commission deferred this case to November 16, 2006. 36 06SN 0244-SEP 26- BOS- RPT Staff (10/18/06): The applicant was advised in writing that any significant, new or revised information should be submitted no later than October 23, 2006, for consideration at the Commission's November 16, 2006, public hearing. Also, the applicant was advised that a $500.00 deferral fee must be paid prior to the Commission's public hearing. Staff (10/23/06): To date, no new or revised information has been received, nor has the deferral fee been paid. Planning Commission Meeting (11/16/06): At the request of the applicant, the Commission deferred this case to January 16,2007. Staff (11/17/06): The applicant was advised in writing that any significant, new or revised information should be submitted no later than November 22, 2006, for consideration at the January 16,2007, meeting. Also, the applicant was advised in writing that a $250.00 deferral fee must be paid prior to the Commission's public hearing. Applicant (11/17/06): The deferral fee was paid. Applicant (11/27/06): The applicant requested a waiver to the Residential Subdivision Connectivity Policy to Glebe Point and Skybird Roads. 37 06SN 0244-SEP 26- BOS- RPT Staff (12/21/06): Staff continues to review and comment on draft documents submitted by the applicant. Planning Commi ssi on Meeting (1/16/07): At the request of the applicant, the Commission deferred this case to March 20,2007. Staff (1/17/07): The applicant was advised in writing that any significant, new or revised information should be submitted no later than January 22, 2007, for consideration at the March 20, 2007, meeting. Also, the applicant was advised in writing that a $250.00 deferral fee must be paid prior to the Commission's public hearing. Applicant (1/31/07): The deferral fee was paid. Staff (2/15/07): Staff continues to review and comment on draft documents submitted by the applicant. Applicant (3/19/07): Revised proffers and textual statement were submitted. Planning Commission Meeting (3/20/07): At the request of the applicant, the Commission deferred this case to April 17, 2007. Staff (3/21/07): The applicant was advised in writing that any significant, new or revised information should be submitted no later than March 26, 2007, for consideration at the April 17, 2007, public hearing. 38 06SN 0244-SEP 26- BOS- RPT Also, the applicant was advised that a $500.00 deferral fee must be paid prior to the Commission's public hearing. Staff (4/3/07): Staff continues to review and comment on draft documents submitted by the applicant. Applicant (4/16/07): The deferral fee was paid. Planning Commi ssi on Meeting (4/17/07): At the request of the applicant, the Commission deferred this case to June 19,2007. Staff (4/18/07): The applicant was advised in writing that any significant, new or revised information should be submitted no later than April 23, 2007, for consideration at the June 19, 2007, public hearing. Also, the applicant was advised that a $250.00 deferral fee must be paid prior to the Commission's public hearing. Applicant (5/10/07): Revisions to the proffered conditions and Textual Statement were submitted. Applicant (5/14/07): A revised Exhibit A was submitted. Staff (6/7/07): Staff continues to review and comment on revised documents submitted by the applicant. The deferral fee has not been paid. 39 06SN 0244-SEP 26- BOS- RPT Applicant (6/8/07): Revisions to the proffered conditions and textual statement were submitted. Applicant (6/18/07): The deferral fee was paid. Planning Commission Meeting (6/19/07): On their own motion, the Commission deferred this case to their July 17, 2007, public hearing. Applicant (6/20/07): Revisions were submitted. Planning Commission Meeting (7/17/07): On their own motion, the Commission deferred this case to their August 21,2007, public hearing. Applicant (8/2/07): Revisions were submitted. Applicant (8/17/07): An additional proffered condition was submitted. Planning Commission Meeting (8/21/07): The applicant did not accept staff's recommendation, but did accept the Commission's recommendation. Citizens spoke in opposition to the request expressing concerns relative to traffic, density, impact on schools, lack of phasing of development, clear cutting, drainage, impact on the linear trail in cluster, rural character of the area and impacts on property owners who will be affected by proposed roads. Citizens spoke in favor of the waiver to street connectivity to Glebe Point and Skybird Roads. 40 06SN 0244-SEP 26- BOS- RPT Mr. Wilson expressed support for the waiver to street connectivity. He stated this case represents smart growth because it offers the ability to plan a large-scale development that will provide infrastructure such as roads and schools as the development occurs over 20 to 25 years rather than in the typical piece meal fashion for small projects. Mr. Gulley stated he had an issue with approving a case that would have an impact on future leaders of the County since this large case was being considered so close to Board elections. Mr. Gecker stated he felt the Commission should vote based on the land use issue and advise the Board accordingly. On motion of Mr. Wilson, seconded by Mr. Litton, the Commission recommended approval of the rezoning and acceptance of the proffered conditions on pages 3 through 20. AYES: Messrs. Gecker, Litton and Wilson. NAYS: Messrs. Gulley and Bass. On motion of Mr. Wilson, seconded by Mr. Litton, the Commission recommended approval of the waiver to street connectivity requirements. AYES: Messrs. Gecker, Gulley, Bass, Litton and Wilson. The Board of Supervisors, on Wednesday, September 26,2007, beginning at 6:30 p.m., will take under consideration this request. 41 06SN 0244-SEP 26- BOS- RPT This page is blank. TEXTUAL STATEMENT R-12 CUPD and C-4 CUPD Branner Station July 30, 2007 I. Rezone from A to R-12 and C-4 for the uses permitted in R-12 and C-4 respectively with a Conditional Use Planned Development ("CUPD") to permit use and ordinance requirement exceptions as delineated on the Zoning Map prepared by Youngblood, Tyler and Associates, Inc. dated January 31,2006, as described in this Textual Statement, and as provided in the accompanying proffers. The overall master plan (the "Plan") prepared by designforum, last revised February 16, 2007 and filed herewith shall identify the location of the various Tracts. II. General Conditions A. Except as stated herein, the requirements of the Zoning Ordinance for the Residential (R-12) District and the Regional Business (C-4) District shall be applicable. B. To accommodate the orderly development of the Property, the R-12 tracts shall be located as generally depicted on the Plan, but their location and size, including further divisions into sub-tracts, may be modified through the Conceptual Subdivision Plan (the "Conceptual Plan") process, so long as the parcels generally maintain their relationship with each other and any adjacent properties. The Conceptual Plan shall include the major sidewalk and trail systems to be considered as part of the review and approval of the Conceptual Plan. Such plan shall be subject to appeal in accordance with the provisions of the Zoning Ordinance for Site Plan appeals. Sub-tract (a designated portion of a tract) divisions may be created at the time of tentative subdivision or site plan review and shall not require a separate review as a tract adjustment provided there is no adjustment in the overall tract boundary unless the tract boundary has been approved for adjustment as stated herein. Prior to any site plan or tentative subdivision approval within the C-4 portion of the development, a schematic plan must be approved by the director of planning. The schematic plan shall include information deemed necessary by the director of planning to ensure compliance with zoning conditions and the zoning ordinance's purposes, including but not limited to the horizontal layout of the project based on a metes and bounds survey, a general list of uses, density, conceptual landscaping plans and cross-sections of any required buffers. The director of planning shall review the schematic plan to ensure compliance with the Zoning Ordinance and zoning conditions, to ensure land use compatibility and transition; and to mitigate any adverse impact on public health, safety and welfare. Such plan shall be subject to appeal in accordance with the provisions of the Zoning Ordinance for Site Plan appeals. C. Whenever a provision refers to or requires a mixed use plan ("Mixed Use Plan") to be submitted for review and approval, such plan may be, unless otherwise stated herein, approved by either the Planning Department or the Planning Commission at the election of the Developer, and such review shall be subject to appeal in accordance with the provisions of the Zoning This page is blank. TEXTUAL STATEMENT Branner Station June 20, 2007 Page 2 of 20 Ordinance for Site Plan appeals. The various use types, if permitted within an individual tract, may be mixed within a tract or sub-tract if a Mixed Use Plan is submitted for review and approval. The Mixed Use Plan shall address the land use transitions and compatibility among the different uses within a tract or sub-tract. Land use compatibility and transitions may include, but not necessarily be limited to, the exact location of uses, buffers and site design. III. Requirements and Exceptions for All Tracts If any of the facilities set forth in III A. and B. below are to be provided they shall be identified on the Conceptual Plan (or Schematic Plan, if located within the C-4 portion of the property) and on the record plat for any lot adjacent to such facilities. A. Recreational Facilities. 1. Recreational facilities shall be permitted within all Tracts. These uses shall be limited to facilities and uses that primarily serve the surrounding community including but not limited to passive recreation (i.e. including but not limited to picnic areas, trails, paths, sidewalks, ponds, open space, and vistas) and active facilities (i.e. including but not limited to pools, tennis courts, play fields and community amphitheaters). 2. Outside public address systems or speakers shall not be used between the hours of 11:00 p.m. and 8:00 a.m. 3. Where recreational facilities are located adjacent to roadways detailed in Section III. J. below, setbacks for all buildings, drives and parking areas shall conform to the minimum setback requirements for such roadways. Otherwise, all buildings, drives and parking areas shall be setback a minimum of ten (10) feet from all other property lines. 4. With the exception of playground areas which accommodate swings, jungle gyms or similar such facilities, outdoor play fields, courts, swimming pools and similar active recreational facilities shall be located a minimum of 100 feet from any proposed or existing single family residentia110t line and a minimum of fifty (50) feet from any existing or proposed public road. Nothing herein shall prevent development of indoor facilities and/or parking within the 100 foot setback. Within the one hundred (100) foot and fifty (50) foot setbacks, a fifty (50) foot buffer shall be provided along the perimeter of all active recreational facilities except where adjacent to any existing or proposed public roads. These buffers shall conform to the requirements of the Zoning Ordinance for fifty (50) foot buffers. These buffers and setbacks may be modified or waived by the Planning Commission at the time of plan review. This page is blank. TEXTUAL STATEMENT Branner Station June 20, 2007 Page 3 of 20 5. Any playground area (i.e., areas accommodating swings, jungle gyms or similar such facilities) shall be located a minimum of forty (40) feet from all property lines. A forty (40) foot buffer shall be provided along the perimeter of these recreational facilities except where adjacent to any existing or proposed public roads. These buffers shall conform to the requirements of the Zoning Ordinance for fifty (50) foot buffers. These setbacks and buffers may be modified and/ or waived by the Planning Commission at the time of plan reVIew. B. Civic and Social Uses 1. Civic and Social Uses are any public use proposed by the County on its property such as and including but not limited to parks, schools, fire and rescue stations, and libraries. 2. Where civic and social uses are located adjacent to roadways detailed in Section III.J. below, setbacks for all buildings, drives and parking areas shall conform to the minimum setback requirements for those roadways. 3. Except where specified herein, such uses shall be subject to Emerging Growth District standards for Corporate Office (0-2) Districts unless modified by the Planning Commission through site plan review based upon a design that insures land use compatibility and integration of the uses with the overall development. 4. Recreational Facilities proposed by the County on its property shall comply with Section III.A. above. C. Real Estate Offices / Model Homes Temporary modular units and/ or any permanent dwelling unit may be used as a temporary real estate office provided the temporary real estate office is only used to market the property located within the boundaries of the Plan and: 1. Is not used for the sale of dwelling units located outside the boundaries of the Plan. 2. Is not used for the rental of dwelling units located outside the boundaries of the Plan. 3. Is not used for a rental office for dwelling units located within the boundaries of the Plan except to market the homes when they are initially constructed. 4. The temporary real estate office is incidental to construction activity taking place within the boundaries of the Plan. This page is blank. TEXTUAL STATEMENT Branner Station June 20, 2007 Page 4 of 20 5. The temporary real estate office is not the primary real estate office for the company marketing dwelling units within the boundaries of the Plan. 6. The temporary real estate office is not used as a construction office or for the storage of construction equipment and/or materials. D. [Intentionally Omitted] E. Drivewavs and Al1evs 1. All private driveways and alleys serving residential uses shall be hardscaped. The exact treatment shall be approved at the time of plan review. For purposes of compliance with this requirement, "track" driveways with grass medians and driveways constructed with open paving blocks and pervious paving blocks shall be considered hardscaped. 2. All private driveways, alleys and parking areas shall have no required minimum distance from the right-of-way of any existing or proposed public road. F. Garages. Front loaded garages shall be located no closer to the street than the front fa<;ade of the dwelling unit. G. Parking. Garages and improved designated parking spaces in a public right of way shall be counted in calculating parking spaces required for each use H. Sidewalks and Trails. Sidewalks and trails to provide connectivity throughout the community will be planned within and between each neighborhood as well as civic/social areas and will be indicated on the conceptual and schematic plans. The exact location and design shall be approved in conjunction with the tentative subdivision or site plan approval. I. Street Trees and Pedestrian Access. Unless an exception is granted through the tentative subdivision or site plan process based upon a design that meets the spirit and intent of the requirements specified herein, within any tract having lots less than 12,000 square feet or where there is to be a mix of Use Types, street trees will be located on both sides of roads on which dwellings front the road and such tract shall have a pedestrian connection to other neighborhoods and civic/ social areas as contemplated by Section III.H above, and if no such connection, then sidewalks shall be provided on at least one side of roads on which dwellings front the road. J. Setbacks from Roadways. All buildings, drives and parking areas other than those located on interior roadways shall have the following minimum setbacks, exclusive of residential lots, from the stated road type: This page is blank. TEXTUAL STATEMENT Branner Station June 20, 2007 Page 5 of 20 (1) East West Freeway: (2) North/South Parkway: (3) Branders Bridge Road: (4) Bradley Bridge Road: (5) Happy Hill Road Extended (a) At Tracts 6 & 7 and only that portion of Tract 4 where located at the intersection of the North/South Parkway and Happy Hill Rd Extended (b) The balance of Tract 4 and at all other Tracts: 50 feet setback 50 feet setback 50 feet setback 50 feet setback No minimum 50 feet setback, unless waived or modified at tentative subdivision or site plan review Setbacks for stated Use Types along any other roads in existence or proposed are stated in the Use Type description in Section V. K. Greenway /Trai1 System. Along the North/South Parkway, within the 50 ft. setback or adjacent thereto, a park greenway system serving as the spine into which other trails connect shall be provided. IV. Requirements and Uses for Specified Use Tvpes A. Uses Permitted with Certain Restrictions 1. Family day-care homes, provided that (a) 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. (b) Permitted for all residential Use Types 2. Yard Sales, provided that the sale: a. Is accessory to Use Type on the same property b. Does not exceed two days in duration c. Is conducted by the owner or lessees of the property on which it occurs and includes only personal property owned by the seller and usual to a household, and d. Does not occur on the same property more than four times in any one calendar year and not more than twice within a 30-day period. e. Permitted for All Use Types except J. 3. Home occupation, provided that: This page is blank. TEXTUAL STATEMENT Branner Station June 20, 2007 Page 6 of 20 a. In addition to family member employees that live on the premises, two employees shall be permitted to work on the premIses. b. The use is within a dwelling, accessory structure or both provided that the total area for the use does not exceed 25% of the floor of the dwelling or 250 square feet, whichever is greater, c. The use is clearly incidental and secondary to the use of the property for dwelling purposes and no external alterations, which would cause the premises to differ from its residential character by the use of colors, materials, lighting or construction, are permitted. d. No commodity is stored or sold on the premises except for light inventory. e. No more than one vehicle and one single axle trailer not exceeding 13 feet in length and 3,200 pounds used in conjunction with the home occupation may be parked on the premises. No equipment shall be stored outside the dwelling or accessory structure that would indicate that a business is being conducted on site except for the equipment stored on the vehicle or trailer used in conjunction with the business. The vehicle and equipment for a home occupation shall be parked on the premises where the home occupation is conducted, but a trailer must be parked, except for loading and unloading, either in the rear yard or so that its view is screened from adjacent properties or public roads. A vehicle used for towing shall not be permitted to have a vehicle in tow or on its flatbed while it is parked on the premises, and f. No assembly or group instruction shall be permitted with a home occupation. Individual instruction on a one to one basis is permitted. Only two clients may be on the property at any one time. g. Permitted for all residential Use Types. B. Accessory Uses, Buildings and Structures 1. In addition to those accessory uses, buildings and structures permitted in an R-12 or C-4 District, accessory uses, buildings and structures shall be permitted and restricted as follows: a. An accessory dwelling unit ("ADU"), is a habitable living unit added to, created within, or detached from a single-family dwelling and provides basic requirements for living, sleeping, eating, cooking and sanitation. ADU's are subject to the following: This page is blank. TEXTUAL STATEMENT Branner Station June 20, 2007 Page 7 of 20 (1) Only one ADU per lot (2) Lots permitting ADUs shall be detailed and shown on the tentative subdivision plan and record plat. (3) ADUs may be located in the principal residence or garage, or, if the lot is at least 6,000 square feet, in a detached structure. (4) One of the residences shall be occupied by an owner of the property or an immediate family member (as defined by the Chesterfield County Code) of the property owner. (5) The ADU shall not be larger than 50% of the gross floor area of the primary residence. (6) One off street parking space required for an ADU. This requirement may be met using tandem (end-to- end) spaces. (7) The ADU unit shall not be subdivided or otherwise segregated in ownership from the primary residence. (8) Permitted for Use Types A, Band D b. Tennis courts and similar recreational facilities. (Permitted for all Use Types except Use J.) c. Swimming pools and adjoining deck areas; provided that no swimming pool wall shall be located within six feet of an adjacent lot or parcel nor in a required front or corner side yard. (Permitted for All Use Types except Use J.) d. Buildings and structures devoted to management office, maintenance and groundskeeping purposes and equipment storage. (Permitted for Use Types C, E, F, G H, I and K only.) Medical or Dental laboratories, only when provided in conjunction with medical or dental offices. (Permitted for Use Types I and K only.) Setbacks for accessory structures shall conform to the following setback requirements: From any side property line: A minimum of three (3) feet From the rear property line: A minimum of ten (10) feet From the corner side property line: A minimum of not less than the required front yard minimum setback for the principal Use Type. From the rear property line abutting a natural or wetland common area: A minimum of five (5) feet. From the front property line: A minimum of the lesser of either V2 the depth of the lot or eighty (80) feet. 3. Height for accessory structures shall conform to the following setback requirements: e. 2. a. b. c. d. e. This page is blank. TEXTUAL STATEMENT Branner Station June 20, 2007 Page 8 of 20 a. The maximum height for an accessory structure shall not exceed the height of the principal structure to which the accessory structure is accessory . v. Use Types A. Use A: Detached Home Use A is permitted in Tracts 1, 2, 3, and 4. 1. Principal Structures a. Lot area and width. Each lot shall have an area of not less than 4,500 square feet and a lot width of not less than forty (40) feet at the front building setback line. b. Percentage of lot coverage. All buildings, including accessory buildings, on any lot shall not cover more than sixty-five (65) percent of the lot's area. c. Setbacks. Where Use A is adjacent to roadways detailed in Section III. J. above, setbacks shall conform to the minimum setback requirements for such roadways. Otherwise, the setbacks for Use A shall be the following: (1) Front yard. A minimum of ten (10) feet in depth. Minimum setbacks shall be increased where necessary to obtain the required lot width at the front building setback line. (2) Side yard. A minimum of three (3) feet in width. (3) Corner side yard. A minimum of ten (10) feet in depth. (4) Rear yard. A Minimum of twenty (20) feet in depth. B. Use B: Estate Home Use B is permitted in Tract 5. 1. Principal Structures. a. Lot area and width. Each lot shall have an area of not less than 20,000 square feet and a lot width of not less than (60) feet at the front building setback line. b. Percentage of lot coverage. All buildings, including accessory buildings, on any lot shall not cover more than fifty (50) percent of the lot's area. c. Setbacks. Where Use B is adjacent to roadways detailed in Section III. J. above, setbacks shall conform to the minimum setback requirements for such roadways. Otherwise, the setbacks for Use B shall be the following: This page is blank. TEXTUAL STATEMENT Branner Station June 20, 2007 Page 9 of 20 (1) Front yard. A mmImum of ten (10) feet in depth Minimum setbacks shall be increased where necessary to obtain the required lot width at the front building line. (2) Side yard. Two (2) side yards shall each be a minimum of five (5) feet in width. (3) Corner side yard. A minimum often (10) feet in depth. (4) Rear yard. A minimum of twenty (20) feet in depth. C. Use c: Townhome Use C is permitted in Tracts 2, 3, 4, 6 and 10. Townhome development shall conform to the following: 1. Principal Structures. a. Lot area and width. Each lot shall have an area not less than 1,520 square feet and a lot width of not less than nineteen (19) feet at the front building setback line. b. Percentage of lot coverage. All buildings, including accessory buildings, on any lot shall not cover more than seventy (70) percent of the lot's area. c. Setbacks. Where Use C is adjacent to roadways detailed in Section III. J. above, setbacks shall conform to the minimum setback requirements for such roadways. Otherwise, the setbacks for Use C shall be the following: (1) Front yard. Minimum of five (5) feet in depth. Minimum setbacks shall be increased where necessary to obtain the required lot width at the front building setback line. Provided, however, where sidewalks and street trees are provided between the unit and right of way, setbacks may be reduced to zero (0) feet. (2) Side yard. Minimum of ten (10) feet in width for each end unit abutting a private or public street or parking area. Minimum of five (5) feet in width for each end unit abutting another building.. (3) Corner side yard. A minimum often (10) feet in depth. (4) Rear yard. Minimum of fifteen (15) feet in depth. (5) Common Area. A minimum common area of five (5) feet in width shall be provided adjacent to all groups of lots except where the groups front or abut a public street. g. Driveways and parking areas. All roads, driveways and parking areas serving the general public shall have concrete curbs and This page is blank. TEXTUAL STATEMENT Branner Station June 20, 2007 Page 10 of 20 gutters. Driveways, alleys, roads and parking areas for individual townhomes shall not be required to have curbs and gutters. h. Group or row design. The total number of lots within each attached group shall not exceed twelve (12). D. Use D: Zero Lot Line Dwelling Use D is permitted in Tracts 2,3,4,6 and 10. 1. Principal Structures. a. Lot area and width. Each lot shall have an area of not less than 4,500 square feet and a lot width of not less than forty (40) feet at the front building setback line. b. Percentage of lot coverage. All buildings, including accessory buildings, on any lot shall not cover more than sixty-five (65) percent of the lot's area. c. Setbacks. Where Use D is adjacent to roadways detailed in Section III. J. above, setbacks shall conform to the minimum setback requirements for such roadways. Otherwise, the setbacks for Use D shall be the following: (1) Front vard. Minimum of ten (10) feet in depth. Minimum setbacks shall be increased where necessary to obtain the required lot width at the front building setback line. (2) Side yard. Two (2) side yards, one a minimum of ten (10) feet in width with one a minimum of zero (0) feet. (3) Corner side yard. A minimum often (10) feet in width. (4) Rear yard. A minimum of twenty (20) feet in depth. E. Use E: MultifamilJl CommunitJl Use E is permitted in Tracts 4, and 10. Use E is also permitted in Tracts 2 and 3 if organized as a condominium as defined in and subject to the Virginia Condominium Act, 1. Principal Structures a. Parcel area and density. The minimum size shall be 20 gross acres. The development's density shall not exceed fourteen (14) dwelling units per gross acre except that in C-4 areas, the density may be increased to eighteen (18) dwelling units per gross acre; however, with provision of deck or underground parking, densities may be increased to 25 units per gross acre. This page is blank. TEXTUAL STATEMENT Branner Station June 20, 2007 Page 11 of 20 b. Percentage of parcel coverage. All buildings, including accessory buildings, on any parcel shall not cover more than 50 percent of the parcel's area. No accessory building on any parcel except for private garages and recreation, maintenance and management office buildings on any parcel shall cover more than 250 square feet. c. Setbacks. Where Use E is adjacent to roadways detailed in Section III. J. above, setbacks shall conform to the minimum setback requirements for such roadways. Otherwise, the setbacks for Use E shall be the following: (1) Setbacks from roads and property lines. All structures shall be set back a minimum of ten (10) feet from interior roadways. All structures shall be set back a minimum of thirty (30) feet from all property lines unless adjacent to Use Types E and H, in which case there shall be no minimum setback. d. Drivewavs and parking areas. All roads, driveways and parking areas shall have concrete curbs and gutters. e. Roads. A second road access (public or private) shall be designed and constructed to a public road prior to occupancy of more than fifty (50) units. Additional accesses may be required, at the time of site plan approval, where more than two hundred (200) units are constructed. As used herein, the term "access roads" shall be those roads which connect residential clusters to public roads. Access roads shall have a minimum pavement width of twenty-four (24) feet. f. Parking. 1.75 spaces for each dwelling unit are required. F. Use F "Mansion House" MultifamilJl Dwelling Use F is permitted in Tracts 2, 3, 4, 6, 7 and 10. 1. Principal Structures a. Elevations. The exterior appearance and elevations of the structure shall be in keeping with the appearance and elevations of a large, Single Family dwelling unit. However, the structure houses multiple individual dwelling units. b. Repetition. No more than one (1) Mansion House Multifamily Dwelling shall be permitted on a lot, not more than two (2) may be located side by side with no more than three (3) located on anyone side of the street on anyone block. The record plat shall identify those lots on which Use F is permitted in accordance with these stated restrictions. c. Lot area and width. Each lot shall have an area not less than 10,000 square feet and a lot width of not less than 80 feet at the front building setback line. This page is blank. TEXTUAL STATEMENT Branner Station June 20, 2007 Page 12 of 20 d. Percentage of lot coverage. All buildings, including accessory buildings, on any lot shall not cover more than seventy-five (75) percent of the lot's area. e. Setbacks. Where Use F is adjacent to roadways detailed in Section III. J. above, setbacks shall conform to the minimum setback requirements for such roadways. Otherwise, the setbacks for Use F shall be the following: (1) Front yard. Minimum of five (5) feet in depth. Minimum setbacks shall be increased where necessary to obtain the required lot width at the front building setback line. Provided, however, where sidewalks and street trees are provided between the unit and right of way, setbacks may be reduced to zero (0) feet. (2) Side yard. A minimum of three (3) feet in width. (3) Corner side yard. A minimum of five (5) feet in depth. (4) Rear yard. A minimum of fifteen (15) feet in depth. f. Unit limit. The total number of units within each structure shall not exceed twelve (12). g. Driveways and parking areas. Driveways, alleys, and parking areas for individual units shall not be required to have curbs and gutters. 1.75 spaces for each dwelling unit are required. G. Use G: Town Center Residential Use G is permitted in Tract 6,7 & 10. 1. Principal Structure a. Live/Work Space meaning a structure detailed in Use I or Use K as applicable, housing any of the uses detailed in Section I.1. or K.1. below where at least one of the persons engaged in the stated operation also resides in the unit. b. Attached residential dwelling unit meaning a residential dwelling located in or above any of the operations detailed in Section I.1. or K.1 below and housed in Use I or Use K as applicable. The residential unit may be occupied and/ or owned by a different party than occupies and/ or owns the retai1/ office establishment in the Use I or Use K portion of the structure. c. Architectural Style. All structures shall comply with the requirements of the Emerging Growth District. d. Parking This page is blank. TEXTUAL STATEMENT Branner Station June 20, 2007 Page 13 of 20 (1) Parking space requirements for Use G are included in the requirements for Parking for Use I or Use K as applicable and no additional spaces are needed for Use G. e. Setbacks. Where Use G is adjacent to roadways detailed in Section III. J. above, setbacks shall conform to the minimum setback requirements for such roadways. Otherwise, there shall be no minimum setbacks for Use G. f. Height. The maximum height for a Use G shall not exceed four (4) stories H. Use H: Assisted Livinf! Communitv Use H is permitted in Tracts 3,4 and 10 1. Principal Structures a. Parcel area and density. The minimum parcel size shall be 5 gross acres. The parcel's development density shall not exceed 20 assisted living units per acre. b. Kitchens. Units may include a sink and other permanent kitchen appliances, such as a stove or refrigerator. c. Assisted Living. The facility must meet the definition of an Assisted Living Facility as detailed in Section 63.2-100 of the Code of Virginia. d. Percentage of parcel coverage. All buildings, including accessory buildings, on any parcel shall not cover more than 50 percent of the parcel's area. No accessory building on any parcel except for private garages and recreation, maintenance and management office buildings on any parcel shall cover more than 250 square feet. e. Setbacks. Where Use H is adjacent to roadways detailed in Section III. J. above, setbacks shall conform to the minimum setback requirements for such roadways. Otherwise, the setbacks for Use H shall be the following: (1) Setbacks from roads and property lines. All structures shall be set back a minimum of ten (10) feet from interior private roadways. All structures shall be set back a minimum of thirty (30) feet from all property lines, unless adjacent to Use Types E or H, in which case a minimum setback of fifteen (15) feet shall be maintained. f. Driveways and parking areas. All roads, driveways and parking areas shall have concrete curbs and gutters. The number of total parking spaces required is one and a half (1-1/2) spaces for every three (3) assisted living units. This page is blank. TEXTUAL STATEMENT Branner Station June 20, 2007 Page 14 of 20 I. Use 1: Town Center Commercial Use I is permitted in Tract 6. 1. Permitted Uses No buildings, structures or premises shall be used, arranged or designed to be used except for one or more of the following uses: (a) Offices. (b) Libraries. (c) Brokerages. (d) Churches and/ or Sunday schools. (e) Convalescent homes, nursing homes and rest homes. (f) Group care facilities. (g) Museums. (h) Nursery schools and child or adult care centers and kindergartens. (i) Propagation and cultivation of crops, flowers, trees and shrubs which are not offered for sale. m Public and private forests, wildlife preserves and conservation areas. (k) Travel agencies to include travel arranging and transportation ticket services. (1) Massage clinics. (m) Underground utility uses. (n) Access to any land which is located in an agricultural, office, business or industrial district or used for agricultural, office, business or industrial purposes. (0) Art school, gallery or museum. (p) Funeral homes or mortuaries. (q) Laboratories, medical or dental. (r) Medical facilities or clinics. (s) Messenger services. (t) Post offices and mailing services. (u) Communication studios, stations and/or offices exclusive of towers. (v) Schoo1s/ colleges, public and private. (w) Schools - music, dance and business. This page is blank. TEXTUAL STATEMENT Branner Station June 20, 2007 Page 15 of 20 (x) (y) (z) (aa) (bb) (cc) (dd) (ee) (ff) (gg) (hh) (ii) OJ) (kk) (ll) (mm) (nn) (00) (pp) (qq) (rr) (ss) (tt) (uu) (vv) (ww) (xx) (yy) Telephone exchanges. Bakery goods store. Banks and savings and loan associations with or without drive-in windows. Barber or beauty shop. Book, stationery, newspaper or magazine store. Camera store. Candy store. Convenience store. Drugstore / pharmacy. Dry cleaning, pick-up and drop off; coin-operated dry cleaning; pressing; laundry and Laundromat; not to include dry cleaning plants. Florist shop. Grocery store. Hardware store. Restaurants, including but not limited to fast food or carry-out restaurants. Shoe repair shop. Shopping centers. Tailoring and dressmaking shops. Video rental and sales stores. Antique shops, not to include pawnbrokers, indoor and outdoor flea markets and secondhand stores. Appliance stores. Artist material and supply stores. Bicycle sales and rentals. Catering establishments. Clothing Stores. Communication studios, offices and stations, exclusive of towers. Curio or gift shops. Department stores. Eyewear sales and services. This page is blank. TEXTUAL STATEMENT Branner Station June 20, 2007 Page 16 of 20 (zz) (aaa) (bbb) (ccc) (ddd) (eee) (fff) (ggg) (hhh) (iii) Ojj) (kkk) (lll) Furniture stores. Health clubs. Hobby stores. Jewelry stores. Locksmith operations. Meat or seafood markets. Motor vehicle accessory stores. Musical instruments stores. Office supply stores. Paint and wallpaper stores. Pet shops, including pet grooming. Photography studios. Radio, television and other home entertainment, sales and servIces. (mmm) Rental of health and party equipments; and small home hardware, tools and equipment. (nnn) (000) (ppp) (qqq) (rrr) (sss) (ttt) (uuu) (vvv) Sewing machine sales, instruction and services. Sporting goods sales. Toy stores. Veterinary clinics. Feed, seed and ice sales. Clothing consignment stores. Hotels and Motels. Repair services excluding motor vehicle repair. Schools - commercial, trade, vocational and training. (www) Temporary outdoor Christmas tree sales. (xxx) Temporary construction trailers/buildings devoted exclusively to construction activities on the premises and to be removed upon completion or abandonment of construction activities. (yyy) Public or private parks, playgrounds and / or athletic fields (zzz) Prepared food and fruit and vegetable vendors (aaaa) Uses such as sidewalk cafes, vending areas, farmers' market, garden centers and/or other displays may be permitted outside of the buildings and in the sidewalk areas, provided that a minimum of six (6) feet in width is maintained for pedestrian circulation. This page is blank. TEXTUAL STATEMENT Branner Station June 20, 2007 Page 17 of20 2. Principal Structures a. Architectural Style. All structures shall comply with the requirements of the Emerging Growth District. b. Parking. Three spaces per 1,000 square feet of gross floor space for commercial uses shall be provided for Use I c. Setbacks. Where Use I is adjacent to roadways detailed in Section III. J. above, setbacks shall conform to the minimum setback requirements for such roadways. Otherwise, there shall be no minimum setbacks for Use I. d. Height. The maximum height for a principal building for Use I shall not exceed four (4) stories. e. Design. This use type will be organized and developed in a neotraditiona1 manner such that street trees and sidewalks are required for businesses fronting roads. The location and spacing of trees will be determined and approved during the site plan process. The intent is not to require a single species be planted throughout an entire area; however, the director of planning may require a particular species in a particular location based on existing area landscaping. J. Use J: Pumo Station Use J is permitted on Tract 10, 11 A or 11 B A public wastewater pump station shall be permitted on Tracts 10, 11A or 11B. K. Use K: Regional Mixed Use Commercial Use K development is permitted on Tract 10. 1. Uses Use K includes those uses permitted by right or with restrictions including the following: a. All those uses permitted by right and with restrictions for Use I: Town Center Commercial. b. Automobile Self Service Stations. c. Greenhouse or nurseries. d. Printing Shops. e. Motor Vehicle sales and rentals. f. Communication Towers subject to the following: 1. There shall be no signs permitted to identify this use. 2. The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. The fence shall be placed so as to provide sufficient room between the fence and the property line to This page is blank. TEXTUAL STATEMENT Branner Station June 20, 2007 Page 18 of 20 accommodate evergreen p1antings having an initial height and spacing to provide screening of the base of the tower and accessory ground-mounted equipment or structures from adjacent properties. In conjunction with site plan submission, or prior to release of a building permit, whichever occurs first, a landscaping plan depicting this requirement shall be submitted to the Planning Department for review and approval. 3. The color and lighting system for the tower shall be as follows: a.) The tower shall be gray or another neutral color, acceptable to the Planning Department. b.) The tower shall not be lighted. c.) The tower shall be a monopole structure. d.) Any building or mechanical equipment shall comply with Section 19-595 and 19-570 (b) and (c) of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment, except that the screening required of mechanical equipment located on the building or ground from adjacent properties and public rights of way would not be required for the tower or tower-mounted equipment. e.) At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner / developer shall dismantle and remove the tower and all associated equipment from the property. g. Commercial Automobile parking. h. Recreational establishments commercial- indoor and outdoor. 1. Hospitals. J. Carpenter and cabinetmakers' offices and display rooms. k. Cocktai110unges and nightclubs. l. Contractors' offices and display rooms. m. Electrical, plumbing or heating supply sales, servIce and related display rooms. n. Fraternal uses. o. Park and ride lots. p. Home centers. q. Indoor flea markets. r. Liquor stores. s. Motor vehicle washes. t. Repair services, including motor vehicle repair. u. Second hand and consignment stores, excluding motor vehicle consignment lots. This page is blank. TEXTUAL STATEMENT Branner Station June 20, 2007 Page 19 of 20 v. Taxidermies. w. Theaters including drive-in Theaters. x. Veterinary hospitals and / or commercial kennels. y. Automobile service stations. z. Warehouses. aa. Outside storage as accessory to a permitted use. bb. Continuous outside display of merchandise for sale, as accessory to a permitted use. cc. Public and private utility uses, so long as they require a structure, to include all water, waste water, solid waste disposal, electric, gas, communications and natural gas, liquefied petroleum gas (LPG) and petroleum products transmissions facilities; in addition, natural gas, liquefied petroleum gas and petroleum products transmission facilities above or below ground. The following utility uses shall be permitted without obtaining a conditional use: public water and waste water lines and appurtenances; service lines to individual users; and cables, wires or pipes above or below ground when such uses are located in easements on public roads or in public roads. 2. Principal Structures a. Parking. Three spaces per 1,000 square feet of gross floor space for commercial uses shall be provided for Use K. b. Setbacks. Where Use K is adjacent to roadways detailed in Section III. J. above, setbacks shall conform to the minimum setback requirements for such roadways. Otherwise, there shall be no minimum setbacks for Use K. c. Height. The maximum height for Use K shall not exceed four (4) stories. VI. Tract Summary of Uses 1. Tract 1 Use A (Detached Home) is permitted as well as all applicable uses detailed in Sections III and IV above. 2. Tract 2 Use A (Detached Home), Use C (Townhome), Use D (Zero Lot Line), Use E (Multifamily Community) as a condominium and Use F (Mansion House Multifamily) are permitted as well as all applicable uses detailed in Sections III and IV above. 3. Tract 3 Use A (Detached Home), Use C (Townhome), Use D (Zero Lot Line), Use E (Multifamily Community) as a condominium, Use F (Mansion This page is blank. TEXTUAL STATEMENT Branner Station June 20, 2007 Page 20 of 20 House Multifamily) and Use H (Assisted Living) are permitted as well as all applicable uses detailed in Sections III and IV above. 4. Tract 4 Use A (Detached Home), Use C (Townhome), Use D (Zero Lot Line), Use E (Multifamily Community), Use F ("Mansion House" Multifamily) and Use H (Assisted Living) are permitted as well as all applicable uses detailed in Sections III and IV above. 5. Tract 5 Use B (Estate Home) is permitted as well as all applicable uses detailed in Sections III and IV above. 6. Tract 6 Use C (Townhome), Use D (Zero Lot Line), Use F (Mansion House), Use G (Town Center Residential) and Use I (Town Center Commercial) are permitted as well as all applicable uses detailed in Sections III and IV above. 7. Tract 7 Use F ("Mansion House" Multifamily Dwelling), Use G (Town Center Residential) and all applicable uses detailed in Sections III and IV above are permitted. 8. Tract 8 Recreational Facilities and Civic/Social uses as defined by Section III. All applicable uses detailed in Sections III and IV above are permitted. 9. Tracts 9A and 9B All applicable uses detailed m Sections III and IV above are permitted. 10. Tract 10 Use C (Townhome), Use D (Zero Lot Line), Use E (Multifamily Community), Use F ("Mansion House" Multifamily Dwelling), Use G (Town Center Residential), Use H (Assisted Living Community), Use J (Pump Station) and Use K (Regional Mixed Use Commercial) are permitted as well as all applicable uses detailed in Sections III and IV above. 11. Tract 11 A and 11 B Use J (Pump Station) is permitted as well as all applicable uses detailed in Sections III and IV above. #1201258 v4 001473.03101 This page is blank. ... ~'~ ~ !~' . .~ 'j;'" .:. t"'!' ...~ ~-. l,..Jl ,... .... 1 ~-~l;tjj. ~ This page is blank. II This page is blank. '11"1"1 I _ ,,' . I~. , ~ " This page is blank. _~trAfJIN--,-~ ~... ."-.="i ~!I ,... -- ~ ~~1,...., ~~~ ~ _.mIIi.~~ -~ This page is blank. ~!. 1;.~ " u. .'. .' ~c " .. .'0':., 'W "\.. . ''1&,-=.,..~ ~~'""~~ ~ 'lI,t ~ . l~ . ~.' ~i~..-,.. '~H'~ ..' "'" ,.~,'. '~&""~!'<"'{~~"$''':'''9l ~~~ ~... ~, - "ft- _ ... .~~"'~' ~S-=;~" !!1"""'~....-.="" . ~~,~. ~~~)'I ". r b, ~ 1 "., .,; ~; I .. '. -~ :+., ~JI.. >l ~. ":' 'r) . 11 ..~"..'!l: : c#!! "'ffRN' . .._.,~' ., ~ =:.,.:..,., "'.: ~. - '-"_.... '. I . :'-'- ""'- . '''.' -. ..,. This page is blank. LEGEND -L . o . * Future Lane Configuration Existing Signalized Intersection Unsignalized Intersection Proposed Traffic Signal Modified Traffic Signal S, T Storage, Taper Length (in feet) Ill""'" Channelized Turn - Existing Route - - Proposed Major Arterial - . Proposed Limited Access ... ., Proposed Connector e Phase I e Phase II e Phase III e Phase IV e Phase V NOT TO SCALE Updated by: T3 Design April 20, 2007 . Intersection Geometry Shown in Phases Figure 4 This page is blank. c u. :c '4.0"-' 1':._-( '::t Q......'... , . . . ",., :"DI'.~ .,.- ',",' :i5 This page is blank. I ,,; .1 I ! ~'i.~. ~ ; ~ 1---. i~ """ ~ JL , \ m.'.Ji'7j'H'"". 'J- ........'.~. ..'.:.:",.._. ,'_,d.' . ~.. ,:"-=' I. _; . This page is blank. 'liffi ::! . ~ f This page is blank. 06SN0244 2025 Build-Out Road Levels of Se . AM Peak Ho Peak Hour INTERSECTION LEVELS OF SERVICE / This page is blank. ~: ~,;4'~ . '. ....~ ..... .... iI' This page is blank. f~j\U' K e LA z.e) CHESTERFIELD CO. BOARD OF SUPERVISORS MEETING SEPTEMBER 26, 2007 RE: BRANNER STATION REZONING CASE NO. 06SN0244 , FROM: Michael A. Uzel & Heritage Drive Neighborhood Watch ~~~ l1d 3900 Heritage Drive ~(dt~~,r~ f;~<'-t. f:.Qjb ~ Z(~ Chester, Va. 23831 f!~ r.~"'~ "~~11. ~'-~~., ~., .~.. (804) 5.26-2628 '-u::-..e/.J. t..~ b .~. ~d.- \ .. ~!~ /~lJ1rt f ,~'N/~" ~~, ~~.~ /(it" Vl~~~"'" REASONS TO DEFER THIS ZONING CASE AND REFER IT BACK TO PLANNING: 1. Planning Commission Analysis and Recommendations. 2. Questionable Open-Ended Agreement for the Developer to pay for and build the Off-Site Roads (N-S & E-W Freeways). 3. Lack of Written Notification to the Public in the Path of Off- Site Roads. 1. Planning Commission Analysis and Recommendations. After reading the Planning Staff Report, it is hard to believe the Planning Department recommends approval of this zoning request. A. Quote: "Property exceeds density suggested by the Southern & Western Area Plan." (P.2) B. Quote: "Proffers do not adequately mitigate the impact of this development on capital facilities, as outlined in the Zoning Ordinance & Comprehensive Plan." (P.2) C. Quote: "While the road improvements offered address the impacts on road infrastructures, the remaining proffered conditions fail to fully address the impact of this request on schools, parks, library, and fire stations in accordance with the Board's policy." (P.2) D. Quote: "The application fails to address concerns relative to parking, buffers, and sidewalks as discussed herein." (P.2) E. Quote: "Therefore... the proffered conditions do not assure that adequate service levels are maintained as necessary to protect the health, safety and welfare of County citizens." (P.2 and P.33) (bold type is mine). F. Quote: "IT SHOULD BE NOTED THAT REVISIONS TO THIS CASE WERE NOT RECEIVED AT LEAST THIRTY (30) DAYS PRIOR TO THE PUBLIC HEARING PER "SUGGESTED PRACTICES AND PROCEDURES." THE PROCEDURES SUGGEST THAT THIS CASE SHOULD BE DEFERRED IF THE COMMISSION, STAFF AND MEMBERS FROM AFFECTED NEIGHBORHOODS HA VE NOT HAD AN OPPORTUNITY TO THOROUGHLY REVIEW THESE REVISIONS." (P.3) (bold type is mine). These reasons alone should be enough to defer this zoning request. 2. Questionable Open-Ended Agreement for the Developer to pay for and build the Off-Site Roads. The Staff report states that there will be a Contract between the County and the Developer to pay "All reasonable costs" for right-of-way acquisition (P. 13), and that "the applicant is required to construct the off-site road improvements regardless of the cost." (P.24). (bold type is mine). My Parents taught me many years ago that if something sounds too good to be true, it usually is too good to be true. I believe that is the case here. Questions: A. How is this agreement enforceable if the Developer declares bankruptcy? B. What are the ramifications if the County/ Developer cannot obtain the right-of-way (example - over the railroad tracks near Chester Road)? C. If a future Board of Supervisors chooses not to pursue the off-site right-of-ways, is the Developer allowed to proceed with the development and is he relieved of his obligation to pay anything in lieu of building the off-site roads? According to the Staff Report, this seems to be the case. (P. 13-Q. and P.25). D. How about if there is disagreement with the cost of right- of-way acquisition by the County or road construction costs? Already, the cost estimates of the Developer and that of the County do not agree ($72 million vs. $128 million). (P.24 of Staff Report) Prior to your vote on this case, there should be some safeguards in place, such as escrow of funds from the developer for road construction or bonding the developer to insure that taxpayers are not left holding the bag. 3. Lack of Written Notification to the Public in the Path of Off-Site Roads. The off-site roads are required by proffer in this zoning request. As such, these roads are an integral part of the development, to the point that the Developer has agreed to pay for these roads "no matter what the cost." The County has an ordinance in place whereby all adjacent property owners to a rezoning request must be notified in writing at least 21 days prior to any hearings for rezoning. There has been no such notice to property owners along the proposed right-of-ways for the off-site roads. In fact, the routes are vague and not well-defined (the E- W Freeway, for example, could be anywhere in a mile-wide corridor from the Branders Bridge Road to Route 1, per Jim Banks of County Transportation). The tax-paying citizens most affected (those who may loose their homes because of it) have not been informed in writing of this impact on them. These roads would have to go through populated areas. The routes should be determined, and citizens along those routes should be notified in writing of such proposed right-of-ways, prior to the Board considering this rezoning request, so they may have their input in the zoning process. In conclusion, there are many unanswered Planning questions concerning this development. For the above reasons, I ask that the Board in its wisdom defer this rezoning request and have Planning address the issues I've outlined. "11\;' / ;..... 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I !!t'hili 111,IIi' lilll !'l(JPII'11l .h;,i\ Intllhi' ;~n!\\lh .1' I, ,;'11. ,d PV(\pit' \0 111.ll II ~ ,J II,,' Whllbollll' ,")\1111111. lhhllll\ .Il1d Hill <";1".111 ;WJl'l' . r(lll1ll1ll111t\'.based atlllosphere n IS pdlt or whallllaKcs the , sp,-,'Ial wOllld hh. 1<' '\.'e thl' )'.llod 01 hk lllatntallll'd. l'Vl'1I as mllllloll grows," says (ilhbolls he Sloan brothers moved with ttnily to Enon in 1948, settling I'm III W hat is now known as manco. Gibbons Slo,Ul, like mgtime Enon resident", notes : Illost ohviOlL" diflcrence :n the area then versus the area as the rural aspect of En on. t was a vel)' rural area; Enon I Road was not even paved." ibbons and Bill both attended \lementary when there were 10 school buses for the entire he first and second grades were led, and grade one through were held at Enon Elementary, ,tudents in grades eight through attended Thomas Dale High ill Sloan remembers attending at the Enon Fire Department, ching tugboat rides on the River to the gravel pit and back when he was growing up in "Ie didn't have the activities uth have now," says Gibbons, re were a lot more community- LCtivities then." ;)th brothers believe that ~ Enon has grown. and traffic pulation are quickly becoming challenges, the tight-knit qual- Ie community still remains, ike most other Enon residents, tat Enon's rural family-based tion will continue to influence vth. t's a great area to raise kids, re are outstanding schools, setting is becoming vel)' :d," remarks Gibbons. Even e construction of the new lementary School, as well as a school, Enon's growth prom- ~ontinue to be a forefront issue, Will YlllH \;V\;:l)' \"Il<::;tt:lHI:IU I..ULllllY school and conduct interviews with school employees, the School Board, adminisu'ators and parents. \HtlCU, lilt: ~lIpCJ ilUCllUCIIl WIll Ul:JlVCI !\UJ.I.!Oll~ l.lt:pW 1.I!I':!ll.,'".\I; it to the School Board, after which the superintendent and staff will study it and prepare a response to the report llJaT!(l:(j _ ^ _..___...~_____,___,._.__._._~_.___._._,.,__.___._ _..,__.__4__...__.____._._...~_~__._.___.__'_.,_ Planning Commission Relieves Stoney Right of Way Proffer ,by .Ni(;~. J?eI~,(~~q . , , , . . , , , , , , . , , , . . . , , . , H , Village News It's heen a long baltle. hut Stoney Glen subdivision is a few steps closer towards completion. La"t week. the Planning Com- mission approved a request by Stoney Glen 1.1,(, to hl' relieved of a require- ment to dedicate 60 feel of right of way along Harrowgate Rd, The right of way dedication was a proffered condition in the subdivision's previ- ously granted zoning case. While Stoney Glen LLC is willing to dedi- cate the right of way, Columbia Gas must first sign a quit claim for VDOT to maintain roads within the subdivi- sion, something that they have yet to offer assurance that they will do. '1 "Ten feet of the 60 foot right of way goes into Columbia Gas' 30- foot easement. Underneath the road Rt. 10 used to be is no longer, Four ..~ lanes wide and still jammed with bumper-to-bumper traffic in the busy aftemoon hours, Rt. 10 is an up-and- coming challenge for the Enon area, George Emerson agrees that a six- to eight-lane road is the future for Rt lO. "I think it's important for Route 10 to develop in a manner that's high- quality, and that lends itself to be aes- thetically pleasing," says Emerson. Rural and industrial, small-town comforts, and big-business accessibil- ity: Enon encompasses it all. Home to beautiful neighborhoods, high-quality business centers, good schools, and an abundant history as Chesterfield's "oldest continuously inhabited settle- ment," the Enon area is a wonderful place to live, work, and play. "I love the community feel of Enon." says Cl)'stal Monroe, "There are so many good churches and close- knit neighborhoods:' And in a day and age where close-knit communi- ties are harder and harder to come by, Enon, Vrrginia is a like a breath of there, there are two eighteen-inch gas transmission lines that serve all of Tidewater," says John Easter. lawyer representing Stoney Glen LLC, "We have been working on this issue for at least eight months:' The transmission lines will he crossed perpemhcularly hy two right or way acceSSl'S into the subdivision, ll1e Planning Commission had origi- nally required the dedication to help mitigate the impact of the proposed dCVl'll'pl1ll.'ill :ll.::unmlOdate lilt un' \'(lad Il11prUH'ments along Har- ro\\',~at" Rd. StOlley (ill'1\ l.l( . IS clII'rently in talks witll Columbia Gas in an attempt to resolve the issue and receive assurance hy Columbia Gas they will n!li:r the quit claim. 'Ih: case \\'ll1l11:Xt be revll'weLl by Ihe Board ofSupelvisors dw'ing their meeting on Wednesday, September 26 Branner Station Continued from page 1 the homes or businesses they would serve. Off-site road phases two through six would include a four- lane road to Rt. 288 and two lanes of the east-west freeway to 1-95, The transportation department has indicated that fewer than 20 property owners would be affected in the land acquisition efforts to build the road. Hunt has also proffered land that the school board intends to use for a high school and an elementary school. According to Marshall Trammell, the price of land for schools has skyrocketed, and getting some land for schools is above and beyond the proffers the developer is encouraged to make. The development would also include commercial space in its "town center" area, which would be designed much like the current traditional neighborhood trend in which retail and office uses are mixed with residential use with an old town flavor, The Board of Supervisors meets at 6:30 p,m, on September 26 in the public meeting room in the county's administration building at the comer of Iron ~__~..:I~ _ ___...1 T _..: _.__...1~ Branner Station By the Numbers 1,614 acres 75 acres for high school 32 acres for elementary school 34.5 acre for civic use 4,998 maximum residential units allowed $72,809,920 cost of off-site roads 900 maximum number of apart- ments allowed 400 maximum assisted-living units 70,000 sq. ft. of commercial space in town-center o roads will connect to the Glebe Point development 1 Y2 plus miles of major road improvements to Branders Bridge Rd. 20 number of years to complete project 400,000 maximum commercial sq. ft. including southern commer- cial center. 2009 year in which project could begin 2644 students development will produce 68,000 daily vehicle trips daily after completion 2,449 single-family homes 1,331 townhouse/condominiums 908 apartments 300 assisted living units Ca~1 W, Board of Supervisors Meeting September 26, 2007 RE: 06SN0244 Rezoning Case Branner Station Mr Chairman: We respectfully request that one of three options be exercised in this rezoning case. Either deny this request or send it back to the planning commission to allow for proper public involvement for residents to the north of Ironbridge Road. Many residents shown in the red circle are unaware of the transportation implications of the case from Branner Station to Route 288. If public involvement is not important, a third option is to add two conditional amendments to this rezoning case: 1. Any reference to a 50 MPH design speed be stricken and replaced with a context sensitive design speed. 2. Fully protect the Chester Linear Park where it exists today and utilize adjacent right-of-way for the proposed highway This Board and future Boards have been placed in a very difficult position. Over the next 25 years, if future boards fail to secure right-of-way for proposed road improvements, HH Hunt can build out their development to 5,000 homes and 66,000 vehicle trips per day without building the necessary roadway improvements. The developer has let you down because of poor community involvement practices by our county transportation department. The transportation department has underestimated the desire of neighbors to the north of lronbridge Road to protect their existing Linear Park at all costs. Despite questions to the transportation department, no one present can tell your community with any certainty what exactly we are getting in place of our existing Linear Park. This is unacceptable. Our county transportation department has placed this board in this position by not doing proper public involvement over the past two years. Who can tell your community how many meetings have been held to discuss the condemnation of our Linear Park and replacing it with a minimum four lane highway with posted speeds at 40-45MPH and more projected daily traffic than . Route 288 at Route 10 (43,000 Vehicles per day) . lronbridge Road at 288 (38,000) . 1-295 at Route 10 (36,000) . Route 1 at 288 (24,000) . Hull Street Route 360 at 288 (41,000) . Midlothian Turnpike at Coalfield Road (41,000) Some of these roads such as Midlothian and Hull Street are not freeways and have more than 4 lanes in each direction. More of our citizens die or are injured on Midlothian Turnpike and Hull Street than any other place in our county. This Here are some facts that begin to speak to this Board about mistakes of the past and what is blindly envisioned by some for our future: . Chesterfield is ranked as the 8th highest jurisdiction in terms of death and injuries on our highways in the state. 14th for pedestrian deaths & injuries. . Over 2,500 citizens are injured or killed each year on Chesterfield's transportation system. . Midlothian is ranked as the 1 ih worst corridor in the state with 16 deaths or injuries per mile each year. . Hull Street is ranked 17th in the state with 12 deaths or injuries per mile each year. This transportation system is sick and it is killing and hurting our most valuable asset, us! Why would this board contemplate another wide, high speed arterial that is envisioned to match or exceed our worst performing highways like Hull Street or Midlothian Turnpike? Let's switch gears for a second to capacity and an incomplete traffic impact analysis. What happens when the development's traffic volumes get to Route 288 or 1-95? These highways are not planned for any additional travel lanes. Let's be honest, there is less traffic capacity available on Route 288 today than any of this Board envisioned at this point. . The Route 288 - Chester Road Interchange is over capacity and is in need of significant loops and additional auxiliary lanes. · The signalized intersection at Centralia Road at Chester Road with at grade rail crossing will be over capacity with proje~cted traffic from Branner Station. Yet, none of these public highways were included in the traffic impact study. Has this Board contemplated these important issues or can we expect Northern Virginia traffic south of the James River in our future trips to Richmond? The overarching fatal flaw of all this traffic analysis is that the transportation mode selected (highways) does not match the chosen land use density or address the existing capacity issues with existing regional roads such as 1-95 or Route 288. Funds are simply not available because this transportation system is not sustainable in an energy constrained era. Previous boards have tried to use the wrong tools to solve our transportation problems. New techniques and tools are available to create a visionary transportation system that will last into the next century. Will this board or future boards be bold enough to plan our transportation system for 2030 or 2050? Since the proposed intersection configuration at Chester Road favors the new North / South Arterial, the name of Chester Road should be changed to Branner Station Parkway. Of course this is in jest; however, anyone traveling on Chester Road would be required to sit at a double left turn at a traffic signal even get to the Village of Chester. When did this decision to make Chester Road a minor road occur? Why is it not in any current plan? Our outdated thoroughfare plan shows the proposed north/south arterial intersecting Chester Road, and Chester Road still being the main road. Where was the public involvement? Will Chester keep its name and identity as a sleepy railroad village? Will a high speed bypass have the same impact on Chester businesses as 1-95 did to Route 1 businesses? Additionally if roundabouts are better than traffic signals, why are roundabouts only found within the Branner Station development and not outside the development at the intersection of Chester Road or Ecoff Road or Route 10? The rail corridor that the proposed north/south arterial passes through has been identified as a Rail Corridor of the Future. It will require a grade separated crossings and additional bridge height to meet higher clearance standards. The clearance at the grade separated railroad crossing has to be 21 feet for double stack trains. This will be particularly tricky as there are wetlands and creeks as well as tight geometrics near the rail line. This will require significant earthwork and huge environmental impacts between Chester Road and the rail line. Chester Road itself is located in a flood plain and as a result will have to meet significant Chesapeake Bay Preservation Act requirements. Will the new high speed roadway following Chester Road have to be built on structure to avoid environmental impacts? Has this additional cost been calculated? What will the final cross section of the roadway look like when it is built? Will it just be 4 lanes as planned or will it actually be 8 lanes like Hull Street or Midlothian Turnpike to handle the projected traffic? Who will build the additional 4 lanes to handle the projected traffic? Will our Linear Park still exist? What about the environmental issues in the area? Where is the public involvement? Your community is concerned about any possible shortcuts the developer might make outside the boundaries of their interest. How many Chester houses will be impacted? Will the National Environmental Protection Act and other commonplace state/federal transportation procedures be followed or will the developer be able to "streamline" the process with the ultimate bottom line goal of minimizing their expenses? If you need help here, the private sector will cut corners despite claims to the contrary. What if there is disagreement about design or environmental issues? What process has been established between the county and the developer to resolve these issues? This Board may have the transportation department's 1 ~189 vision of what the county transportation system should look like. This vision was from an era when oil and energy was abundant and no one was contemplating $5 to $8 for a gallon of gas. A barrel of oil is currently at $83 and rising. What is the prognosis of energy consumption and energy imports in the Commonwealth? I encourage you to read Virginia's Energy plan which plainly defines Virginia's growing energy gap, particularly in the petroleum sector. Here are a few facts from the plan: · 94% of the state's transportation sector relies on petroleum . 75% of all petroleum goes to the transportation sE~ctor . 43% of all energy uses goes to the transportation sector. . Virginia is the 14th highest state in energy consumption. The eighties were popular for many things, including a windshield view of life and livability. This county's transportation system's vision is living in the interstate era of the 1950's and 60's. The county's thoroughfare plan, a relic from the 80s, has given you a vision that will never be completed due to a constrained energy marketplace. When are we going to recognize that an oil constrained transportation system of today looks completely different than that 1980s vision? The Chester Plan's Vision has it right: "People can walk from home to the village center, along tree-lined streets, their completed linear Ipark, or to the many pocket and community parks in the area. " It goes on to state: 'There is a well- maintained, efficiently planned high quality transportation network that includes excellent roads, alternative transportation to Richmond, ,and a high-speed rail access in the village." On the visionary side of the county, our public school system just submitted a $25,000 Safe Routes to School grant to create a plan to get more of our youth walking and biking to school, safely and efficiently. Millions of federal dollars are available to be leveraged for trail and sidewalk construction as well as encouragement for biking and walking activities. Have you seen Route 10 during school hours? Some would say that this school traffic in the morning supports funding new roads; others with vision would say that Linear Parks that are safe and efficient for bicyclists and walkers are the answer to relieve congestion. At least 25% of all morning peak period congestion is relatE~d to school trips. These trips could easily be transferred to linear parks as the extended linear park would connect at least 5 neighborhood schools. It is important to note that the land proffered for schools cannot educate our children. Only qualified teachers in state-of-the-art buildings can and neither is being providl3!d by the development. The transportation department was unable to provide answer questions related to the proposed typical section at the planning commission. A typical section should be provided in this rezoning case such that the developer, county, and citizens understand what you are approving. Using the VDOT Roadway Design Manual, we put together two typical sections in a few hours. The first typical section is the proposed 50 MPH design speed of the north/south arterial. A high design speed translates to a wide right-of-way requirement of 110 feet. It creates a fast highway that is not context sensitive, nor safe for pedestrians to cross. An additional 28' would be required for left and right shoulders. It includes four 12' lanes that are the same width as interstate standards. A high design speed also requires additional right turn lanes at intersections adding another 12 feet. A median should be provided with room for single left turns. A high design speed does not allow for street trees as they are not allowed within the clear zone. Add it a sidewalk that no one wants to walk on and the minimum cross section is 110' with no linear park and no buffer provided to the adjacent communities from the high speed roadway. Keep in mind that the right of way impacts for buffer requirements and slope tie-ins would make the total cross section even higher. The pedestrian network listed in the Chester Plan may be minimally accommodated by the transportation department standards on the proposed highway by providing a 5' sidewalk and utility strip buffer. Unfortunately, in a stroke of brilliance, pedestrians would not be encouraged to use the facility due to the excessive design speed and projected traffic volumes. Imagine trying to walk along the brand new sidewalks along Hull Street. Not very appealing is it? It's for good reason, pedestrians have a 15% chance of being killed at 20MPH and more than 85% chance at 40MPH. This is the result. Any roadway built in the Village should preserve the linear park and provide a context sensitive speed limit of 30MPH with context sensitive design speed of 30- 35 MPH. The Virginia Department of Transportation design manual states "The lower (40 mph and below) speeds apply in the central business district and intermediate areas. The higher speeds are more applicable to the outlying business and developing areas." Reducing the design speed will cost less to construct and maintain and provide a right-of-way savings of over 33' in the typical section (over one third less space than a 50MPH design). Minimizing the footprint of the roadway, would provide a context sensitive solution, decrease environmental impacts, and be more in line with traffic next to a full functioning linear park. A landscape architect should create the vision and present a village boulevard design concept for engineers to design and build. This design should be implemented at a minimum from Chester Road to Bradley Bridge Road and keep the existing linear park. It may take a few seconds longer; however, it would not create a barrier in the community. These decisions would also be in concert with surrounding neighborhoods' families and youth being able to bicycle or cross the street to attend events at Goyne Park or the 5 neighborhood schools along an extended linear park. Three roundabouts are also included to safely and efficiently move traffic and provide a gateway to the Village. - What do some of our county plans say? · On page 3, under Important Resources, the Comprehensive Plan denotes Developing and promoting open space corridors as a framework to protect the natural environment and scenic values and provide outdoor recreation health opportunities. · In our Water Quality Plan, we should seek opporlunities to establish a linkage between the preservation of riparian corridors and the establishment of future "green way" corridors by the Chesterfield County Parks Department. · From the Green Infrastructure Report: Protecting Resources for Future Generations. The seventh goal in the county's current Parks and Recreation Master Plan is to incorporate the public interest in greenways, blue ways and trails into the plan. As our communities become more urbanized and traffic congestion increases, citizens want parks and trail systems close to residences and offices. Support the goals of the proposed Greenways and Trails Strategic Plan presented in June 2003. This document provides awareness of current and potential linear corridors of open space within the county. The committee suggests that the goals, action steps and measurements should be considered in the development of a green infrastructure plan. · According to our Public Facilities Plan, without our Chester Linear Park, we live in what would be a natural trail deficient area. Shortfalls have been identified in all types of public use trails. Trail development on park sites will not address all identified trail shortfalls. The county will pursue other opportunities for recreational trail development, including use of abandoned railroad right-of-ways, utility right-of-ways, and floodplain trail development along rivers, creeks and their major tributaries. The county will continue to work throu:9h the zoning process to acquire land or easements needed to provide trail connections. Demand for linear trails, green ways, and blue ways necessitates the development of a plan for a linear parks system along with specific strategies for creating the system. This process should be coordinated with other long-range plans and adjacent jurisdictions. · From a Chesterfield Brochure: Greenways are important because... · Connecting homes to shops and offices is good for businesses and convenient for customers. · Fewer cars mean fewer crowded roads and less air pollution · Trails, natural views and green spaces attract homebuyers. · Walking on pathways is healthy for both the body and the mind. · People out walking promote community awar€'ness while deterring crime, · Trails cost less to build and maintain than many other recreational facilities, and can benefit everyone. · The whole family may participate, while enjoying each other's company and the outdoors. Our Comprehensive plan adopted in October 2006 shows the Linear Park as a public park and a pedestrian connector. From the Chester Plan, when describing our Linear Park, it was noted that "Where there was interest and consensus on the value of a pedestrian network connection, the segment was shown on the map." So there is a huge disconnect between the Chester Plan vision where it states "their completed linear park" and what county transportation staff recommends. Staff recommends that two new roadway facilities remain on the Thoroughfare Plan in the Chester Plan area: "One of those is listed as the North/South Arterial- In the early 1980's, the County acquired from the then Seaboard Coast Line Railroad a right-of-way, approximately 100 feet in width, from Chester Road to Branders Bridge Road. The alignment of this North/South Arterial falls within the abandoned railroad right-of-way. It is unlikely that this roadway will be completed in conjunction with future development. Public funds will have to be provided for its completion. Note: The land use plan identifies a pedestrian network adjacent to this right of way. The pedestrian facility could be provided as sidewalks along the road or as a trail outside of the 100-foot wide right of way. " So a high speed, high volume dangerous Hull Street type facility with a 5' sidewalk is okay by the county transportation department. The fact that they just built sidewalk along Hull Street is admirable, but also laughable. On the positive side, it is an accommodation, but it is not functional. Let's be frank... it's not livable and everyone here knows it. Staff thought so much of this proposed North/South highway corridor that it isn't even listed in the Richmond Region's Long Range Transportation Plan. Meanwhile, our linear park is listed in the Richmond Regional Bicycle and Pedestrian Plan as a glowing example of forethought and the proper way to build communities "Chesterfield has built a few small greenway trails, such as Chester Linear Park (a rail trail) and has plans to include trails as a part of other park development projects. 11 Our linear park has also received positive press from the Chesterfield Observer "Chester Linear Park, a converted railroad right-of-way near Ecoff Road, is another example of a green way "open space" project used for hiking. "With Chesterfield Parks and Recreation Director Mike Golden reporting that, according to a recent survey, "walking and hiking are the most popular recreational activities here. 11 and in the Richmond Times Dispatch "Trails create communities, " said Endries, chairman of the Green Infrastructure Group, a citizen-based organization aimed at promoting green ways and preserving trails for future generations. 11 "One of the group's current initiatives is to create a trail that would connect the existing Chester Linear Park to Colonial Heights and the Appomattox River. That trail would be about 7 miles long, and Endries hopes it will be completed in two to five years. " Due to poor community involvement practices from the county department of transportation, you have been cornered. They believe it is okay to replace a nature trail with a highway and not have a conversation with the folks along the corridor. They will tell you that they have had 2 years of dialogue and now it is time for action; but they will not be able to tell you whethler the linear park will remain or whether it will be condemned and paved through. They won't even propose a typical cross section describing the layout. What is the county actually getting for "free" from Chester Road to Ironbridge Road? What is the cross section? Your community just knows our linear park is in jeopardy and there was not one meeting with the affected residents. Your community is also aware that the developer is counting on our support of the linear park such that they could potentially complete their resource intense development without completing all of the off site roadway improvements. Those with vision have created the county's Green Infrastructure Group, and organizations like the East Coast Greenway are ready tCi put Chester on their map as they build a trail from Maine to Florida. Those with vision would see the value of Chester being on the trail; much like towns alonlg the Appalachian Trail. You may tell us to get into our cars and drive to the park where you can walk on a nature trail. Seems like a waste to us as we prefer to put on our shoes and walk out our front door and walk or bike all the way from Chester to the Appomattox River on a nature trail. I think this board may underestimate your community's resolve to protect our linear park, It's time to show vision and leadership. Will we see this board show vision and thou1ght as we leave our legacy on this proud county through expansion, not deletion of our linear parks? In utilizing and conserving natural resources of the nation, the one characteristic more essential than any other is foresight. -Theodore Roosevelt Therefore, following Roosevelt's advice, we respectfully request that one of three options be followed. Either deny this request or send it back to the planning commission to allow for proper public involvement for residents to the north of lronbridge Road. Residents are unaware of the transportation implications of the case. If public involvement is not important, a third option is to add two conditional amendments to this rezoning case: 1. Any reference to a 50 MPH design speed be stricken and replaced with a context sensitive design speed. 2. Fully protect the Chester Linear Park when:! it exists today and utilize adjacent right-af-way for the proposHd highway Would all of those in the audience supporting this statement, please stand now. Thank you. ~+ o ~ ~ II ~ CO S '"C G) G) c. 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CD :J ,CC r :J CD Q) , "'U Q) , " Sept~mb~t 24, 2007 To: Members of the Chesterfield County Board of Supervisors Ref: Branner Station Development Proposal On behalf of the 283 people who have signed a petition opposing the Branner Station development, I'd like to share some of the comments/concerns we residents have. The 283 names on this petition represent a cross section of districts in the county and prove that many residents are overly concerned with the county's residential growth pattern. On page 21 of the County Planning Commission's staff analysis report, it states that approximately 2,644 students will be generated by this development, 1,147 of those will be elementary school children. The proffered site would accommodate a school for 795 students, not enough to accommodate the development. Today, our county schools are at or over capacity and using many trailers. If you consider all the developments currently in the approval/development stage now, it is easy to see why our schools are so overcrowded. These are problems that need to be addressed NOW before additional developments are approved. On pages 23-25 the Planning Commission analysis report states that traffic will generate approximately 66,800 average daily trips IF this development is approved and will be larger than any of the county's existing developments. Yet the plan concedes that future road improvements will be necessary, to include the east/west highway the developer proposes to build, Harrowgate Road, and a portion of Iron Bridge Road to Route 288. The road problems will not end with the developer's offer to create a highway and widen some of the other main access roads per this analysis report. Where will the money come from once this developer has long gone and left our roads in complete chaos with the addition of 5,000 residences? While the QevelQpe~ ha5 done an excellent jOb of showing us what size homes are planned, where are the pictures of the new roads? And exactly what areas will this east/west highway affect in terms of lost homes? Why haven't these residents been informed that if this development is approved they stand to lose their homes? On page 27, the developer's conditions fail to address the impact on capital facilities for 300 of the 4,988 units. This amounts to a $4 million loss. Who will pay for the difference in these infrastructure costs? We ask the Board what is more important-being prepared to save a life or home or arriving at your destination 10 minutes earlier? Based on the number of emergency medical calls this development could cause, how does the county plan to address the impact this shortfall will cause to existing county residents? On pages 31 and 32, the developer wants to sidestep the county requirements to lower requirements on the parking requirements. This developer should be held accountable for all county requirements just as all other developers are held accountable. To summarize the planning department's comments on page 27, I quote "the applicant falls short of mitigating the impact on schools, parks, libraries, and fire stations in accordance with the Board of Supervisors' policy and the proffered conditions do not adequately mitigate the impact on the capital facilities and thereby do not assure that adequate service levels are maintained as necessary to protect the health, safety, and welfare of county citizens." Because there are many complex issues that have not been adequately addressed, such as the roads and capital facilities infrastructure costs, we request that the Board deny this development proposal. ~ (~--~ -~- , ..-." 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