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89SN0343 ft \ -:. . . 9~~~ne~-~~t-%989-6P€ Beeember-i9j-~989-6P€ February-~ei-i9ge-6P6 April-~1;-~999-epe Aasu~t-~i;-~9ge-epe ge~ober-~6i-%999-6P6 ~anuary-~5,-%99i-6PS April-i6;-1991-SPS duly-i6,-i99i-6P6 Sep~ember-i~r-i991-epe ee~ober-~5i-i99%-ep6 November-i9i-i991-SPS December 11, 1991 BS REQUEST ANALYSIS AND RECOMMENDATION 89SN0343 Chesterfield Land Associates Matoaca Magisterial District (previously Midlothian Magisterial District) North line of Hull Street Road~ west line of Otterdale Road. and north and south lines of DuVal Road REQUEST.: Rezoning from Agricultural (A) and General Business (B-3) to Res- idential (R-9) with Conditional Use Planned Development to permit use and bulk exceptions. PROPOSED LAND USE: A mixed use development with single family residential, multi-family residential, commercial and recreational uses is planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL. STAPF RECOMMENDATION Recommend denial for the following reason: Although the applicant has proffered to participate in the prov1s1on of some public facility and infrastructure improvements, they have failed to adequately address the impact of the proposed development on the County's transportation network, as discussed herein. Consequently, the proposal does not conform to the recommendations of the Upper Swift Creek Plan. (NOTE: A complete copy( s) of the current proffered conditions, Textual Statement. and Master Plan is available in the Planning Department, Main Administration Building, Room 203.) GENERAL INFORMATION Location: Fronts on the north line of Hull Street Road, the west line of Otterdale Road, and on the north and south lines of DuVal Road. Tax Map 59 (1) Parcel 33 and Tax Map 73 (1) Parcels 1 and 53 (Sheets 11, 12, 18 and 19). Existing Zoning: Agricultural (A) and General Business (B-3) Size: 3..892.5 acres Existing Land Use: Single famdly residential or vacant Adjacent ZoninR & Land Use: North - Ai Single family residential or vacant South - B-1, B-3 and A; Commercial, single family residential, or vacant East - M-l with Conditional. Use Planned Development.. and A; Single fami1y residential, or vacant West - A; Single family residential or vacant PUBLIC FACILITIES Utilities: Water: The request site lies within the Swift CreekJElkhardt Ground pressure zone, and is served by the Swift. Creek water treatment plant. A twenty-four (24) inch water main is located .on Route 360 at the entrance to Woodlake, approximately 13,200 feet from the southeastern corner of the request site, fronting on Route 360. A twenty (20) inch main is located at the intersection of Timber Bluff Parkway and Woolridge Road, approx~tely 10,800 feet from the eastern boundary of the request site which fronts on Otterdale Road. A sixteen (16) inch ~ water main is located on Otterdale Road approximately.l0,400 feet from the intersection of DuVal Road. The use of the public water system is required by Ordinance if any lot in a proposed subdiv~sion has an area less than one (1) acre; or for any lot or parcel created after 4/12/89 having an area less than one (1) acre; or for any lot or parcel for which a building permit is sought if a water line is located less than 200 feet from any property line. (Chapter 20, Article II, Section 20-42) 2 PC/89SN0343/DECllG . . . ..1 . . e The development of the request site will require extension and interconnection of the existing supply sources described above. An extensive internal network of properly sized and looped distribution lines, and the construction of a water storage tank west of the future. Powhite Parkway crossing of DuVal Road will be necessary to insure that adequate water flows and pressures will be available to meet the domestic and fire protection needs for the proposed uses. The "Virginia Waterworks Regulations" require that a sufficient volume of storage be provided to support domestic and fire flow demands. The County1s "Water and. Wastewater Specifications and Procedures" require submittal of an overall water/wastewater system plan, with specific requirements outlined in Appendix 12. The applicant has agreed to dedicate a site of sufficient size for construction of a water tank. The County's current Six-Year Capital Improvements Program does not include a storage tank in this area. However, studies have indicated that with future growth within the Upper Swift Creek basin demands will at some point necessitate construction of a storage tank. If development of the request site should progress such that the internal demands of the site necessitate a storage tank in advance of any scheduled construction. by the County, then the developer will be fully responsible for construction of the tank. The County would then participate in construction costs for the volume exceeding the ult~te requirements of the request site. The applicant has expressed a desire to utilize wells for irrigation purposes and as a temporary water supply source for specific' uses .. until the on-site water system has been developed. This is addressed in Conditions lA and 2 of the Textual Statement (p.18), dated September 26, 1991. In addition, Conditions 3 and 4 of the Textual Statement have been included to address the submittal of the required water and wastewater system overall plan and dedication of a site for a water storage tank. The specific wording of these conditions have been discussed with the Department of Utilities staff and is acceptable. Wastewater: The request site lies within the Upper Swift Creek drainage basin and. is presently served by the Falling Creek Wastewater Treatment Plant. The Upper Swift Creek Transport System has been completed and a fifty-four (54) inch wastewater trunk exists at the mouth of Deep Creek and Swift Creek Reservoir. approximately 8,000 feet downstream of where Blackman Creek and Otterdale Road intersect. The use of the public wastewater system is required by Ordinance for any lot which is recorded after 1/1/91 having an area less .than 40,000 square feet and a min~ lot width less than 120 feet at the building line; for all industrial and commercial uses if wastewater discharge exceeds 3,000 gallons per day (Chapter 20, Article XI, Section 20-195). In addition, the use of the public system is required for any individual structure for which a building permit is obtained that is less than 200 feet from an existing wastewater line. (Chapter 20, Article III, Section 20-63) 3 PC/89SN0343/DECI1G The development of the request site will require extension of wastewater trunks along Deep Creek, Blackman Creek, and Horsepen Creek, as well as an extensive internal system of sub-trunks and collector lines. A portion of the request site lies within the Appomattox River drainage basin, and it may not be feasible to serve development in this area with the public system. The applicant has requested that permanent septic systems be allowed in that areat and elsewhere within the request site as a temporary means of wastewate.r disposal. for specific uses until the on-site wastewater system has been developed. This is addressed in Conditions lB and 2 of the Textual Statement (page 18), dated September 26, 1991. Water Quality; and Drainage and Erosion: The subject property drains to two (2) sub-basins, Horsepen Creek and Blackman Creek. A very small area drains to the Appomattox River. The two (2) main creeks exhibit areas of wide, flat wetlands and floodplains and intersect just east of Otterdale Road forming Deep Creek which empties into Swift Creek Reservoir upstream of the Woolridge Road crossing of the reservoir. In certain areas the upper ends of the reservoir are experiencing siltation with the majority due to natural stream degradation. Currently, there exists no on-site drainage or erosion control problems. Development must comply with the Upper Swift Creek regulations, as well as the Chesapeake Bay regulations. Experience has shown that during summer storms, silt basins and silt pits are subject to above normal storms and the facilities have been breached. Due to the critical nature of the area, the. vast amount of non-tidal upland wetlands and the reservoir downstream, and the high profile issue of storm water management connected with this development, there are three (3) storm water management related issues. Those issues are: 1) Temporary and permanent erosion and sediment control; 2) Water quality; and 3) Water quantity. The proposed layout and existing topography are conducive to a multi-purpose concept applied to certain storm water management facilities. Each of the three (3) storm water management functions involve a separate set of design criteria which establish the spillway and volume requirements necessary to meet their applicable criteria. One of the three (3) design processes will generate the largest required volume which would control the two (2) other storm water management design volume parameters. With respect to the initial storm water management function of erosion and sedtment control, the facility's required initial volume should be based on the controlling storm water management des;gn. The developer has agreed to install, at time of erosion and sediment control installation, the larger volume as dictated by the erosion and sediment control design, water quality or ~ater quantity design. The Utilities Department will be monitoring completed BMP' s for phosphorus removal efficiency, supplying this information to the Environmental Engineering Department who will use this information for possible adjustment of removal efficiency percentages. The developers have agreed to fund the purchase and installation of up to two. (2) water quality monitoring stations plus one ( 1) spare station. These stations will be placed on the tributaries which serve the 4 PC/89SN0343/DECllG . e . . developmente The Utilities Department has been charged by the Board of Supervisors with responsibility for monitoring water quality in the Swift Creek Reservoir and its tributaries. Therefore, the Utilities Department will accept responsibility for the monitoring stations to be provided by the developer, and incorporate them into the on-going monitoring program. As a point of clarification, it should be noted that on page 18 of the Textual Statement under the heading of "Environmental Engineering, Item 1. It the last four words state, "unless specifically exempted herein. II It is staff I s understanding that the developer is speaking of exemptions as to use (i. e., zoning), and" not any exemptions to the Upper Swift Creek Water Quali ty Act.. Further t on page 20 of the Textual Statement, under the heading of "Environmental Engineering, Item 8, tt it is Environmental Engineering I s understanding that this proffer is for all commercial and retail development to drain through structural BHP's. The reduced impervious will be accounted for in the design of the BMP for those non-Umpervious areas as related to their particular commercial site plan. Fire Service: Clover Hill Fire Station, CompaOy #7. At present, fire service capability is adequate. However, with this development, additional fire stations wil~ be required. County water and fire hydrant placement sbould be provided in accordance with nationally recognized standards. The number of hydrants needed shall be based on (a) not more than 1,000 GPH flow per fire hydrant; (b) remote location; and (c) type of occupancy. Fire lanes must be provided as per the Chesterfield Fire Prevention Code~ Section 313, where applicable. At the time of site plan review of any multi-story structure or building other than "a single family dwelling or duplex, permanent fire hydrants will be required for installation prior to the start of vertical construction with combustible materials on any floor above the first floor. Such hydrants must be functional for fire fighting purposes and accessible to fire fighting apparatus. at the time of installation and at all times thereafter. The proposed 4,886 new residential units will result in an estimated 13,927 residents. A minimum of one (1) new fire station would be required to serve this development. The applicants have agreed to dedicate two (2) fire station sites. Given the geographic size of the development and the road configuration, one (1) fire/rescue station will be needed near Hull Street Road in a Community Center area and another in the northern section of the development. This would allow these sites to serve all areas of the development in a timely manner as well as access the additional developments generated by the presence of Magnolia Green in a previously undeveloped section of the County. The site(s) should be near major intersection(s), but not face onto major thoroughfare(s). The exact location of these sites will be approved by the County through the site selection process. 5 PC/89SN0343!DECI1G Schools: A total of 4,886 lots proposed for Magnolia Green would have significant impact upon schools. The site lies in the Grange Hall Elementary School attendance area: capacity - 641, 1991 enrollment - 661; Swift Creek Middle School attendance area: capacity - 1,350, 1991 enrollment - 1,089; Clover Hill High School attendance area : capacity - 1 , 700, 1991 enrollment - 1,957. Elementary school students in developing neighborhoods along Woolridge Road and in the Spring Run/Bailey Bridge Road area were rezoned from Grange Hall and Clover Hill elementary schools pending the future opening of Alberta Smith Elementary Scbool, off Bailey Bridge Road. in Triple Crown. With the opening of the new Bailey Bridge Middle School (+1200 seats) in 1991 and the new Manchester High School (+650 seats) in 1992, short-term relief (about 5 years) will be provided in the rapidly growing Route 360 West corridor. The statistical analysis used to study the impact of this request is based upon County-wide average household impact identified during the 1989 VirRinia School Census. compared with the September 1991 actual students who attend Chesterfield County Schools. Average household impact is one direct indicator of potential to guide conditions for Magnolia Green. Based upon that analysis, approximately 2,785 school-age children will be generated by this development (i.e., Elementary = 1417; Middle =. 635; and High::: 733). Based upon comparison with "averagelt County communities~ Magnolia Green could be expected by itself to generate the need for 182% of an elementary school (i.e., two (2) elementary schools), 50% of a middle school and 40% of a high school. Available school capacities would.be exceeded in the early stages of this project. A considerable amount of growth already exists three to four miles east of this site in the Route 360 corridor. The total acreage required for schools would be 210 acres with 123.2 required by policy to be proffered on four (4) sites. The applicant has proffered to dedicate the full 210 acres wi th sixty ( 60) acres for two (2) elementary schooll park sites, fifty (50) acres for a middle school/park site, and 100 acres for a high school/park site. Further, the staff and developer have agreed to work together to ensure that location and timing of schools become an integral part of the community(s) they serve. Other than the proposed Alberta Smith Elementary School and the replacement of Manchester High School, the current Five-year Capital Improvement Program for Chesterfield County Public Schools provides no additional schools in the area of proposed Magnolia Green. Alberta Smith was planned primarily to provide relief to Crenshaw, Woolridge Road, Grange Ball, and Jacobs Road Elementary Schools. A plan developed by Grange Ball patrons in 1990 assigned the developing neighborhoods in the vicinity of Spring Run Road to be a satellite area to Woolridge Road Elementary until the Alberta Smith Elementary School could be constructed. School attendance area adjustments would be defined among the area schools upon the opening of Alberta Smith Elementary School. The new Manchester High School to open in 1992 will include approximately 800 students from the old Manchester High School and relieve the fast growing Clover Hill High School by 800 students; additionally, 450 students who would be assigned to northern high 6 PC/89SN0343/DECI1G e e . e schools when James River High School is completed must continue to attend the new Manchester High School. Grange Hall, the closest nearby elementary school, bas a student program capacity and a water works design capacity for 654 students and SO staff with the well system currently limited to 4,OOp gallons per day (based on well yield). An average of 3,630 gallons of sewage currently is processed per day. The sewage plant. is limited to 6,600 gallons per day with action required to increase plant capacity when the average daily capacity reaches 6,270 gallons per day for three consecutive months. No change in the permitted capacity is allowed without prior approval of the State Water Control Board. County water would remove most constraints in this area other than the physical constraint on how large a. sChool addition(s) could be built on the site. Lack of currently available facilities at Grange Hall, however, would require trailers or construction for additional enrollment. The applicant has proffered to install a single-purpose water line to serve Grange Hall Elementary School (and thereby enable expansion of its capacity) by the fifth year of the residential deV'e~opment or approval of 500 building permits for the project. The water line extension could provide short-range assistance until the County can provide long-range infrastructure to house the 2,785 projected students. Wi th approximately 90% of the proposed proj act lying west of the growth area approved in the Swift Creek Basin Plan, Magnolia Green extends beyond any facilities that the School Board currently had planned for schools · Due to the rural nature of the area and its previously low potential for growth in student population, schools have not been constructed in this western area. In summary, given the location and magnitude of the proposed development the following conclus ions are offered: 1) This development will generate enough school-age children for almost two full elementary sChools, one-half of a middle school, and 40% of a high school; 2) the schools that currently serve this geographic area of the County have experienced and continue to experience enrollment increases to the point where they currently operate at or above capacity or will be shortly and therefore will not have classroom spaces available to serve this development; 3) no schools have been planned to serve this development; and 4) given. the status of school enrollments and anticipated facilities needed si.mp~y to alleviate current and near-term overcrowding problems (of the 51 schools in the county, 26 have enrol~ts that are over 100% of capacity and another 18 are between 90-99% of capacity), it is not likely that schools to serve this particular development will be a top priority in the planning for new facilities. The applicant has often noted that a large scale community with a master plan benefits the county to a greater extent than does piecemeal development. The proffers, as currently proposed, will provide sites for new schools and a water line that would increase the potential for housing additional students at Grange Hall Elementary. These are significant proffers. No provis ion is made. however, for the new school space that will be needed to serve this development; thus funding for those future schools remains an issue that will have to be addressed. If this development is approved as proposedt the school division would request 7 PC/89SN0343!DEC1IG funding at some future date from the County for new classroom space to serve the students that move into that community. This process would begin via the annual update of the Five-Year Capital Improvements Plan. Transportation: The transportation proffers outlined in the rezoning application, as amended, do not adequately address the traffic impacts of the development.. The Transportation Department recommends that this request not be approved until acceptable proffers for mitigating road improvements are submitted.. A traffic impact analysis was submitted for the project. The analysis indicates that development will consist of 4,055 single family residential units; 1,035 multi-family residential units; 552,000 square feet of. retail; 910,000 square feet of office; 320,000 square feet of office/warehouse; and 48,000 square feet of retail and 32,000 square feet of office in the act i vi ty centers. Based on a ten ( 10) percent capture rate for all residential units, office and office/warehouse and a thirty-five (35) percent capture rate for all retail uses, development is anticipated to generate approximately 65,900 average daily trips (approximately 4,300 A.M. peak trips and approximately 7,000 P. M. peak trips). These vehicles will be distributed along DuVal, Otterdale and Woolridge Roads. which had 1991 traffic counts of 240. 840 and 405 vehicles per daYt respectively, and Hull Street Road (Route 360) which had a 1990 traffic count of 13,280 vehicles per day. The traffic analysis study area focused on the impact of the development on roads located in the ~ediate vicinity. Assuming the Powhite Parkway Extension is constnlcted from Coalfield Road to Route 360, tbis development alone is expected to add approximately 6,600 vehicles per day to DuVal Road; 8,600 vehicles-per day to Otterdale Road. north of DuVal Road; 6,300 vehicles per day to Otterdale Road, between Woolridge Road and DuVal Road; 4,600 vehicles per day to Otterdale Road, between Woolridge Road. and Hull Street Road; 6,500 vehicles per day to Woolridge Road; and 21,400 vehicles per day to Hull Street Road east of the subject property (see attached map). If the Powhite Parkway Extension is not constructed. area roads cannot accommodate the total density proposed by this application. If this application is approved, area roads may not have available traf.fic capacity to accommodate future development of area properties unless other developers or public funds provide for the widening of area two-lane roads to four (4) lanes or for the widening of area four-lane roads to six (6) lanes. Roads beyond the study area (i.e., Hull Street, Genito, Coalfield Roads. etc.) will also be impacted by this development. These roads are currently approaching capacity and will have to be improved with public funds or by other developers to accommodate traffic from this development if acceptable levels of service are to~ be maintained. Further, the public or other developers will have to bear the cost for the Powhite Parkway Extension. including grade separations. 8 PC/89SN0343/DECllG e e .. _." ~.~ J .~-~,II":'.I1' . . , The applicant has proffered to submit a right of way dedication and road improvement phasing plan to the Transportation Department for approval. Under the proffered conditions, the applicant could develop up to 1,380 residential units without providina any off-site improvements. It should be noted, however, that as the development occurs, additional traffic studies will be performed to insure original assumptions were correct. It may be necessary to reduce densities for each phase of the development and increase road improvements and percentages of off-site construction if it is determined that the original assumptions were incorrect and acceptable levels of service cannot be achieved. Total development will necessitate off-site road improvements to accommodate anticipated traffic volumes. The applicant has not agreed to: 1) construct two (2) lanes of Powhite Parkway Extension through the subject property; 2) construct an interchange or equivalent road improvements at the Powhite Parkway Extension/Site Road intersection; and 3) either construct a bridge over Powhite Parkway Extension at DuVal Road or relocate DuVal Road. Further, the Transportation Department estimates that $7,329,000 of off-site road improvements are needed to accommodate the anticipated traffic volumes. Specifically, Duval, Otterdale, Woolridge and Hull Street Roads need to be improved and the Powhite Parkway Extension needs to be constructed. The applicant has only proffered $3,000,000 of off-site road improvements. The necessary off-site road ~provements will probably require acquisition of right of way. In order to acquire the right of way, the County may have to undertake condemnation. The proffered condition submitted on November 19, 1991, regarding the escrow account still fails to address the impact on the transportation network and should not be accepted. The approved ThorouRhfare Plan. designates an alignment for tbe Powhite Parkway Extension which generally bisects the subject property. The Plan also designates a northern extension of Ledo Road and a western extension of Woolridge Road/DuVal Road through the request site. The applicant's transportation plan proposes relocation of Powhite Parkway Extension along the western boundary of the property which increases the length by 0 . 4 miles over that shown on the. Thorou2hfare Plan~ This additional mileage will increase the required right of way and cost of construction for the extension. The applicant has prof.fered to dedicate the Powhite Parkway Extension right of way in conjunction with recordation of any plat or prior to final site plan approval of any areas adjacent to the corridor or within 120 days of a written request by the County. Should the Commission and Board approve this application, the Transportation Department would ~ediately request that the right of way be dedicated. Since the applicant has agreed to provide acceptable noise mitigation and dedicate right of way for Powhite Parkway Extension, relocation of the road is acceptable provided the applicant agrees to construct two (2) lanes of the extension. To date, the applicant has not agreed to this construction. The proffered conditions requiring the disclosure/illustration of the Powhite Parkway Extension on all sales information cannot be enforced and, therefore, should not be accepted. The applicant proposes a northern extension of DuVal Road in lieu of the Ledo Road Extension and a modified 9 PC/89SN0343/DEC11G alignme.nt for the Woolridge/DuVal Road extension.. These alternatives and modifications are acceptable provided the proffered conditions are modified to require northern extension of DuVal is located as shown on the applicant's transportation plan. The applicant I s transportation plan also proposes the deletion of the Otterdale Road Extension, between DuVal Road and the Woolridge Extensi.an, as shown on the adopted Thoroughfare Plan. Deletion of this road is acceptable. The adopted Thorou2hfare Plan also proposes an east/west road through the subject property general~y paralleling Route 360. The applicant's transportation plan proposes the east/west road, however, proffered conditions must, be modified to insure the road is constructed. as generally shown on the transportation. plan. The transportation plan and proffered conditions must also be modified 'to insure the Site Road A/Site Road K/Site Road E; Site Road n/Site Road EJeast-west collector and Site Road E/Site Road C/east-west collector intersections are constructed as shown on the attached. map. The applicant has proffered that an access plan for the development will be submitted to the 'Iransportat.ion Department for approval. The access, as shown on the applicant's village center concepts, do not provide acceptable spacing. Also, all internal roads may have to be widened to more than two (2) lanes unless access to the individual residential and commercial tracts is limited "and properly spaced. Access from individual lots to DuVal Road. should not be permitted since DuVal Road will carry over 10,000 vehicles per day. The applicant has requested the ability to utilize private roads in multiple family tracts. Private roads should only be pe~itted for commercial and multi-family apartment projects. Should the Commission and Board wish to approve this application, there are other clarifications and/or correc.tions to the prqffers which should be made. Given the concerns outlined herein, the TransportAtion Department cannot recommend. approval of this request. Parks and Recreation: This development has the potential of generating an estimated 2,785 students. Many of these students will participate in youth athletics (baseball, soccer, football) and will require facilities within, the community for practice and games. The applicant's have agreed to dedicate a total of 210 acres for s~hool and park use. Staff has recommended that park sites be identified adjacent to proposed school sites and the proffered conditions address this concern. It should be made clear, however. that development of the park sites may be separate from that of school sites, as park funding and construction schedules 10 PC/89SN0343/DECI1G e e e e allow. Further, it is important to note that in some cases it may be necessary ,for sites for public parks to be reserved for a period beyond the five (5) years noted in the applicant's proposal. Impact on Capital Facilities: It should be noted that this request was submitted prior to July 1. 1989. and is, therefore, not subject to the cash proffer policy regarding applicant's/developer's participation in the. provision of capital facility improvements. However, for the purposes of comparison and in the interest. of providing general information, the following. analysis of the fiscal impact of this request on the County's capital facilities is provided: Pinancial Impact on Capital. Facilities Per Unit # New Dwelling Units 4,886.00 1.00 Population Increase 13,827.38 2.83 Number New Students' Elementary 1,416.94 0.29 Middle 635.18 0.13 High 732.90 0.15 Total 2,785.02 0.57 Net Cost for Schools $12.434,870 $2,545 Net Cost for Parks 962,542 197 Net Cost for Libraries 596,092 122 Net Cost far Fire Stations 8159962 167 Total Net Cost $14,809~466 $3,031 (excluding roads) The applicant has submitted. a proffer for dedication and. construction improvements for schools, parks, libraries, and fire stations (excluding roads) having a value equal.. to $1,200 per dwelling unit.. The. value. of the dedicated sites includes the developer providing access as approved by the Transportation Department and all applicable utilities. While this case was submitted prior to July 1, 1989, the offer of $1,200 per dwelling unit for schools, parks, libraries, and fire stations (excluding roads) is comparable to what other rezoning applicants. have offered for these same facilities under the Board of Supervisors' existing cash proffer po1icy. The one distinction between this offer and offers made pursuant to the Board's cash proffer policy is that, in this case, there is no provision for annual adjustments in the per. dwelling unit value of dedications and improvements. 11 PC/89SN0343!DECI1G LAND USE General Plan: This request lies wi thin the boundaries of the Upper Swift Creek Plan~ which designates much of the request site and surrounding area for "Single Family Res identialll development of 2.2 dwelling units/ acre or less. The adopted Plan also designates the portion of the site along Hull Street Road for development as a mixed use corridor which could include residential (varying densities), professional, business and administrative office parks with integrated supporting uses to a maxUnum depth of 1,000 feet from the major arterial. Such developments should, wherever possible, utilize natural boundaries to establish their depth. In addition, the Plan calls a regional mixed use node at the intersection of Hull Street Road and the proposed Powhite Parkway Extension together with a community mixed use node at the proposed parkway's intersection with DuVal Road., These two. (2) mixed use nodes would typically be comprised qf townhouse or multi-family residential, corporate off.ice (community or regional scale) and commercial (community or regional scale) uses. However, the Plan notes that development in this area and resulting' population growth will place additional demands on County services and facilities~ particularly, investments in schools~ fire protection, libraries, parks, utilities and roads. Consequently, the Plan recommends three (3) phases for development in the Upper Swift Creek Area (Phase One: Infill Development; Phase Two:. Population 64,000; and Phase Three: Build-out). "Phase Three," which comprises approximately eighty-five (85) to ninety (90) percent of the request site, is recommpnned for agricultural or forestal uses until "Phase Twol1 is built-out or unti.l adequate public facilities. are provided to serve this area. Further, the Plan. indicates that if early development in Phase Three occurs, adequate public facilities could still be delivered despite the lack of an existing tax. base to bear its share of the capital costs. In this instance, funding mechanisms such as cash proffers, land dedication, and/or impact fees could be used to provide a greater share of the capital cost of. the necessary new public facilities. Area Development Trends.: The majority of the site is characterized. by ,vacant forestal land with minimal. residential development. The areas north, east and west of the site are characterized by Agricultural (A) zoned properties that are primarily vacant, forestal or are occupied by scattered single family residences (approximately one (1) acre or larger). The area south of the request along Hull Street Road is characterized by a mixture of scattered single family residences and commercial uses and vacant forestal land.. Site Desi~n: The applicant I s Textual Statement and Master Plan, as submitted and subsequen.tly revised. depicts a variety of land uses on individual tracts ranging from traditional single family and multi-family residential neighborhoods to activity, community center and open space tracts. Throug~ 12 PC/89SN0343/DECllG e It e . review of the current Textual Statement and. Master Plan, staff has concluded that the proposed land uses, including design standards and required conditions are generally appropriate and are compatible with Zoning Ordinance standards, particularly 1IEmerging Growth Area" requirements. Further, the '.village centerll development concept proposed in Activity Center is appropriate provided ~that adequate. setbacks are maintained in Activity Center AC-l tract along Hull Street Road and the Site Road. Consequently, it is recommended that development in AC-l tract(s) conform to the setback requirements from Bull. Street Road and other public roads as required by IIEmerging Growth District Standards. It Should the Commission and Board wish to approve this application, staff would recommend imposition of the following condition to address. this concern: Setbacks from Hull Street Road and Site Roads in Activity Center AC-l tract shall conform to Emerging Growth District standards. (p) (NOTE: This condition is in addition to Textual StateJ;Dent, 4.D.. Activity Centers and Connnunity Centers: Uses and Conditions (R-9 District), Uses Permitted 3.) Conclusions: The proposal does not conform to the Upper Swift Creek Plan. regarding the provision of necessary public facilities. Although the applicant bas proffered to participate in the provision of some public facilities, they have failed to adequately address the proposed development's impact on the County's transportation network. Therefore, denial of this re.quest is recommended.. CASE HISTORY Planning Commission Meeting (10/17/89): At the request of the applicant, the CODD11ission deferred this case for sixty (60) days. Planning Commission Meeting (12/19/89): At the request of the applicant. the Commission deferred this case for sixty (60) days. Planning Commission Meeting (2/20/90): Staff recommended a sixty (60) day deferral. Mr. James Peters, the applicant's representative, came forward and indicated his acceptance of staf f' s recommendation for a sixty ( 60) da.y deferral of this request. 13 PC/89SN0343!DECI1G The COlIDDission deferred Case 89SN0343 for sixty (60) days on their own motion. Staff (3/30/90): As of this date, the applicant had not submitted any new information regarding this request. Planning Commission Meeting (4/17/90): At the request of the applicant, the Commission deferred this case for 120 days. Staff (8/3/90): As of this date, the applicant had not submitted any new information regarding this request. Planning Commission Meeting (8/21/90): At the request of the applicant, the Commission deferred this case for sixty (60) days. Staff (9/29/90): As of this date, the applicant had not submitted any new information regarding'this request. Planning Commission Meeting (10/16/90): At the request of the applicant, the Commission deferred this case for sixty (60) days. Planning Commission Meeting (1}15/91): At "the request of the applicant, the Commission deferred this case for ninety (90) days. Applicant (2/21/91): A revised Textual Statement was submitted. 14 PC/89SN0343/DEC1IG e e . e Applicant/Staff (3}25/91): The applicant, his representative and members of staff met with area residents at Grange Hall Elementary School to review the proposal and discuss various issues and concerns related to the development. Numerous concerns were raised by residents related to th~ ~acts on transportation, schools and the environment. Planning Commission Meeting (4/16/91): At the request of the applicant~ the Commission deferred this case for ninety (90) days. Planning Commission, Staff, Concerned Citizens, and the Applicant (6/20/91): The Planning Commission met with. staff, concerned citizens and area residents, as well as the applicant to identify major issues and concerns. As a result of these discussions, the applicant indicated their intentions to request an additional thirty (30) day deferral to the August. 20, 1991, Planning Commission meeting.. They further indicated their intention to provide staff with data related to transportation impact and traffic generation, along with an economic impact analysis prior to the Commission's July public hearing. Applicant (7/2/91): A. revised Textual Statement was submitted. Applicant and Staff (7/15/91): Staff met with the applicant's representative on several occasions following the April Planning Commission meeting. While some land. use issues were resolved. additiona~ information, including a. completed traffic impact analysis, had not been submitted. Further discussions of the. issues with the applicant and their representative are anticipated. Planning Commission Meeting (7/16/91): At the request of the applicant, the Commission deferred this case for sixty (60) days. Applicant (8/19/91): A revised Textual Statement was submitted. 15 PC/89SN0343/DEC1IG Planning Commission Meeting (9/17/91): At the request of the applicant, the Commission deferred this case for thirty (30) days. Applicant (9}30/91): A revised Textual Statement was submitted. Planning Commission Meeting (10/15/91): The Commission deferred this request on their own motion for thirty (30) days to allow time to furtper evaluate the proposal and conduct a work session. Applicant (11/1/91): Revisions and amendments to the Textual Statement were submitted. Applicant (11/7/91): Revisions and amendments to the Textual Statement. were submitted. Applicant (11/19/91): An additional proffered condition was submitted. Planning Commission Meeting (11/19/91): The applicant did not accept the recommendation. There was support present. They indicated that the applicant was a quality developer and that the project would be an asset to the County. There was opposition present. of the development on tbe quality. Concern was expressed relative to the ~act transportation network, s.cbools and water Mr. Belcher indicated that he felt the project had merit but that there were unresolved issues relative to the impact on water quality, schools and the transportation network. He suggested that the applicant seek a deferral to attempt to resplve the outstanding issues. The applicant's representative indicated that they were not in a position to request a deferral. 16 PC/89SN0343/DECllG e e e . Mr. Miller indicated that be was sure that the development would be of good quality; however, he did not feel that the proffered conditions had adequately addressed the impact on the transportation network, water quality and schools. Mr. Warren and Mrs. Boisineau indicated that due to the unresolved issues they were not in a position to support the request. Mr. Belcher indicated that he felt the development had merit and would be an asset to the County; however, due to the unresolved issues he could not support the request. He once again suggested that the applicant seek a deferral to attempt to resolve the issues. Again. the applicant t s representative indicated that they were not in a position to seek a deferral. On motion of Mr. Belcher., seconded by Mr. Miller, the Commission recommended denial of this request. AYES: Messrs. Warren, Belcher, Miller and Mrs. Boisineau. ABSENT: Mr. Perkins. The Board of Supervisors on Wednesday.. 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AMENDMENT AND ADDITIONAL PROFFER FOR MAGNOLIA GREEN CASE NUMBER 89SN343 Proposed Change to Textual statement - Water Quality (Number 9, Page 20) Replace paragraph two with the following: In order to protect the water quality of Horsepen Creek, Blackman Creek and Swift Creek Reservoir, a Water Quality Plan for the project area within the Swift Creek watershed shall be submitted to the Environmental Engineering Department in conjunction with the drainage and erosion control plan. The Water Quality Plan shall document the structural and nonstructural methods utilized to achieve the following post development nonpoint source pollution runoff load for phosphorus: a) 0.46 pounds per acre per year for nonresidential uses and residential uses at a density greater than 2.5 units per ac~e located in areas identified for such uses in the Plan for Chesterfield. b) 0.35 pounds per acre per year for all other uses. This project will comply with all other sections of Section 21.1- 229.10 of the Code of the County of Chesterfield. If the provisions cited in this section are met, the Director of Environmental Engineering shall approve the Water Quality Plan for five (5) year periods. .'.~. .:;:;, ,. . II . 't . . So long as the developer complies with the approved Water Quality Plan 'CiM---U~... BottL J. IJ.QQ Ilut CluJ;,tea atr i=t.er ~~L A ~Jti-.- the Water Quality Plan shall be renewed for additional five (5) year periods. Submitted 10 December 1991 J. Clarke Plaxco, President The Planning and Design Colla~orative, Inc. Agents for the applicant - 2 - . . REZ.ONING APPLICATION MAG NOLIA .G REEN A MEN D E D N 0 V E M B E R.. -1 9. 1 9 9 1 '. ~ . PREPARED FOR: CHESTERFIELD LAND ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP P~O. BOX 1994 MIDLOTHIAN, VIRGINIA 23113 804-739-3800 PREPARED BY: THE PLANNING & DESIGN COLLABORATIVE, INC. 3401 WEST CARY STREET RICHMOND, VIRGINIA 23221 804-355-4410 . . THE PLANNING & DESIGN COLLABORATIVE, INC. LAND PlANNING-ARCHITECTURE-LANDSCAPE ARCHITECTURE.INTERIOR DESIGN August 19. 1991 Mr. Thomas E. Jacobson, AICP, PE Director of Planning Chesterfield County P.O. Box 40 Chesterfield, VA 23832 Dear Mr. Jacobson: Enclosed you will find the rezoning application for Magnolia Green (formerly known as the- IIGeorgia Pacific TractU) to be developed by Chesterfield Land Associates, a Virginia General Partnership. As you will see in the documentation, this entity was organized to develop the property by East West Comm~nity Development Associates, L.P.~ and ~ominion Lands, Inc. East West is the successor to the developers of Brandermill and Woodlake and will serve as the manager of this development.. As y~u know, East West Partners has been involved in feasibility studies on .this. parcel since ear'ly 1988. After determining the -general .' feasibility of the project based on extensive environmental and land use analyses, The Planning & Design Collaborative, Inc. was further retained to develop a more detailed land plan and prepare a rezoning application for the property. The result of this:effort is the enclosed application. As can be seen, many of the planning and development features of Brandermill and Woodlake (which have proven so successful in the market place). have been incorporated into the plans and rezoning application for this project. Although Magnolia Green 1S a large project by Chesterfield County standards, it is approximately equivalent to the size of Brandermill and Woodlake combined. As-a planner you can appreciate the advantages of addressing the macro scale before focusing on the micro scale of detailed development plans. Additionally, well planned large scale developments assist the county in its own long range planning, providing more predictable circumstances and future conditions. It should be noted that: - a) The vast majority of the homes planned in this project will be built in the county over the next 15-20 years, whether thi~ project is approved or. not - i~e. This project will simply absorb projected. growth, not increase it: and b) The total number of homes in this project, anticipated to be built over the next 15 to 20 years is less, than the num?er of 3401 WEST CARY STREET-RICHMOND, VIRGINIA 23221-804-355-4410 . . single family building permits issued in the county in a two year period. " " Obviously~ everyone is aware of the fiscal problems facing Chesterfield County, but.the problems will .be of the same magnitude whether this project is approved or not. Much more stands to be gained with the approval of a large scale project than numerous, smaller developments which will "have the same impact and contribute less. None the less~ the applicant recognizes that a development of this -scale cannot be professionally implemented o~ successful in the market unless ,it's fair share of, and impact on, county facilities is taken into " consideration. The plan contemplates over 350 acres to be dedicated to the county for schools, parks, fire stations, and rights of way. Additionally, the development will include extensive recreation and park facilities for its residents. relieving the county of the need to provide comparable facilities. Similarly, the applicant recognizes the project's potential impact on the transportation network and has proffered numerous improvements and right~-of-way. Wilbur Smith and Associates has been retained to provide "a thorough analysis of traffic based on the master plan to ascertain those specific improvements required to maintain acceptable levels of servi"ce on the road network serving the project and a phasing plan for those improvements. We believe this project will benefit the county in numerous ways, providing quality housing, employment., leisure, and recreational ' opportunities in a planned community environment. We look forward to meeting with you and your staff (as well as other county personnel) to discuss the details of the application and master plan over the coming months. J. Clarke Plaxeo President JCP/lsd encl . . The following information, charts, and referenced exhibits constitute the application fo~: aj A rezoning request from A and B-3 to R-9.with a Co~citional USE Permit far Planned Development for 3892.502 acres. Contents -- --................... ...............--.. Exhibit A: Exhibit B: Exhibit c= Exhibit D: Exhibit E Exhibit F: Exhibit G: Extibit H: Exrli bi t T E>:ti b.i t J: Exhibit K: Zoning Application (under separate cover) and Fee Calculation Introduction Textual Statement Summary Analysis of Environmental Factors Master Plan Access Plan and Traffic Analysis (under separate cover) Proposed Zoning Districts Amendments through November 19, 1991 Explanation of" Ownership and Authorization to File, anc Plats of Subject Property (under separate cover) Adjacent Property Owners (~nder separate cover) Tax Map of Subject and Adjacent Properties (under separate cover) -1- . FEE CALCULATION + $20jM.F. unit ~ 1955 (+ first 2) units = -2- . 39~100 $ 373~926 . . INTRq.DLL~TIO~T The community concept for this project was derived from several programming and brainstorming sessions held as a part of the master planning process, and is presented here to verbally describe the project envisioned, and complement the master plan. The developers, Chesterfield Land Associates, a Virginia General Partnership (formed by East West Community Development, L.P., and Dominion Lands, Inc.) will be drawing on their successes in Brandermill, Woodlake, and elsewhere to shape this new community. Those factors to which the sue.cess of these communities may be attributed are as fel.lows: 1. Master Plan and concern for the environment; 2. Neighborhood concept; 3~ Diverse recreational opportunities; 4. Community Association; 5. Access and-transportation; 6. Diversity and vitality~ 1. Master Plan and Concern for the Environment Market surveys of buyers in Brandermill and Woodlake indicate that one of the most important factors in the buying decision has been the master plan and the concern for the environment. In order to. maintain this confidence, the physical land planning for this new community has been based on careful and comprehensive analysis. of natural parameters so that the community will be ordered and built within the context of existing constraints and opportunities inherent within the site. The site is primarily composed of the watersheds and tributaries of Horsepen and Blackman Creeks, which provide opportunities for several small lakes which will serve as sediment and erosion control ponds, a water source for irrigation., and a visual amenity for the project. The broad stretches of the floodplain of Blackman Creek (ranging from 3001 to lOCal) and its associated wetlands have been preserved intact in most places as passive recreational and wildlife areas, forming an effective buffer to existing residential uses along Duval Road as well as a natural filtering system for the Swift Creek Reservoir and Chesapeake Bay. While presenting constraints to some types of construction, the broad floodplains of Horsepen and Blackman Creeks present opportunities for passive recreational uses that work like fingers throughout the project and even reach out to the landscape beyond the limits of the site. -3- e - 2. Neiahborhood C6ncep~ The landform is an important element in reinforcing and complimenting the neighborhood concept. In most cases neighborhoods of 20 to 70 lots will be defined by the ridge and swale systems of the site. The swales provide a vegetated buffer between neighborhoods while also functioning as effective filters for runoff and sediment control. All neighborhoods will be developed similar to those in Woodlake with defined and minimized entrances in order to create a sense of identity and place~ "as well as provide security, safety, privacy, and minimize through traffic. Each of these neighborhoods will contain a relatively narrow mix of price ranges in order to establish, maintain, and enhance property values as well as produce cohesive and effective sociological units. > Furthermore~ the organization and phasing of the land plan has made possible the provision of a wide variety of product types and prices, both initially and throughout the development phase of the community. 3. Diverse Recreational Opportunities The landforn1 has played an important role in 11 suggest inglT and enhanc ing the diverse recreational opportunities proposed in the master plan. The large natural open spaces resulting from the preservation of wetland and flood plain areas is augmented with developed open space to provide areas for swimming. tennis~ field sports, as well as an 18 hole golf course being designed by Arthur Hills. The golf course corridor and design have utilized natural site features in order to minimize disturbance to the land form while maximizing residential exposure to this green space. The club (incorporating golf, tennis, and swimming.) is located on a hill overlooking a small lake and park area which provide vistas both out of and into the club house across green fairways. The 18 acre park acrqss the lake from the club i"s proposed as a centerpiece of the community with numerous and diverse recreational opportunities, both active and passive~ An amphitheater, ice skating rink, jogging trails, fishing.pier, small boats, picnic areas, gazebo, kite flying, and frisbee throwing are just some of the types of facilities and activities contemplated for the Utownn park which will symbolize the type of community: a wholesome, family oriented, convenient, healthy, and friendly place to live, play, and grow. In addition to this major park, other areas of open space and recreation will occur throughout the community at locations convenient to the residents. -4- e _. 4. Community Association As in Woodlake and Brandermill, the community association will play an important role~ not only to manage and maintain open space and recreation areas~ but also to function as a catalyst for community activities. sponsoring youth and special interest clubs, new~letters~ and political focus groups. The principles of early resident participationl openness, frequent communication, and a I1town meetingll form 9f organization will be incorporated into the community associationa 5. Access and Transportation Obviously, any project of this scale must be concerned with access systems to provide essential links within the community, as well as links which extend the community beyond the limits of.the site. The master planning process included a great deal of study of the Chesterfield County Thoroughfare Plan and many meetings with the Transportation Department. The extension of the Powhite Parkway through the site is an integral element in the County.s transportation plan as well a~ an important part of the master plan f.or the development. Consequently, an alignment was selected which maintained the County's proposed interchanges on Route 360 and Genito Road. while minimizing negative impacts on the proposed residential community. The plan recommends relocating the Duval interchange to the proposed east west connector to minimize negative impacts on the existing development patterns along Duval Road. The access plan in Exhibit F illustrates the Powhite alignment as well as approximately 12 miles of other roads to be constructed on site and their relationship to the County~s proposed Thoroughfare Plan. To accommodate the Powhite Parkway and its interchanges on site" approximately 100 acres of right-af-way have been reserved and protected from development in the master plan. Other vehicular circulation within the development is accommodated on a parkway system onto which all residential neighborhoods will access, thus e 1 iminat ing through tr.af f ic on neighborhood streets . Approximately 140 acres have been allocated to accommodate this circulation system. Just as in Brandermill and Woodlake, an extensive bike and pedestrian path system will be implemented in the community. It is envisioned that this project's Tlfront door" will logically be Route 360 for the ini t-ial phases and emphasis has been placed on the connector from Route 360 to the residential areas of the community. It is further envisioned that the expansion and development of the access plan can work as a function of the demands that traffic and growth dictate. The traffic study will. be an ongoing project acting as a barometer~ guiding the development and construction of the access system. -5- . e 6. Diversity and Vitality The master plan accommodates a variety of land uses and activities within the community: ~parks, schools, recreation~ churches, community centers! shopping, offices, businesses~ and homes are all a part of the greater whole. The planning process has attempted to mesh the physical form of the community, derived from site constraints and opportunities~ with sociological and human parameters, optimizing both. A primary goal of the planning and rezoning process has been the creation of a framework consisting of circulation systems, designated community recreational and activity centers, and other community uinfrastructurelt which c.an then be uinfilledTl over time with business .and residential opportunities which will respond to changing sociological, technical, and market trends. Benefits of the Development Thi 5 pro j ec t wi 11 bene fit Chester f .:j.eld County .in numerous ways. Whi Ie the community will provide quality housing and diverse recreational opportunities in a quality environment, other uses such as reta~l and convenience shopping, services! and offices will p~ovide balance for the community while substantially increasing the County's real estate tax base and prov iding a bene fie ial fl ripple IT ef feet by .increasing employment, business, sales.! and other taxes. The well planned and aesthetically pleasing mixture of complimentary uses in the project comprise the h~ghest and best use of the property. Because the property will be developed in accordance with the master plan and conditions of this document, the County is assured of a quality project which will not be detrimental to or endanger the public health, safety, and general welfare. Because of the care taken in the planning process, the generous allocations of open space, the protection of wetlands., the retention of significant vegetation, and the logical arrangement of land uses, this proposed development will not be injurious to the use. and enjoyment of other property in the 'immediate vicinity nor substantially diminish nor impair property values within the surrounding neighborhoods. Additionally, the plan has the ability to accommodate phasing provisi'ons for utili ties, dr-ainage, road network, and other community facilities to meet the growth of the community based on market demand. As can be seen in the conditions., proffers, restrictions, and master plan in the application, this project will provide for development in a coordjnated and well planned manner by an applicant with extensjve community development experience in Chesterfield County. -6- -e e TEXTUAL STATEMENT EXHIBIT C PREPARED FOR: CHESTERFIELD LAND ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP PREPARED BY: THE PLANNING & DESIGN COLLABORATIVE, INC. PREAPPLICATION CONFERENCE: JUNE 2, 1989 SUBMITTED TO: CHESTERFIELD COUNTY, VIRGINIA June 29~ 1989 Revised February 15, 1991 Revised July 1~ 1991 Revised August 16, 1991 Revised September 26, 1991 -7- e. e TABLE OF CONTENTS 1 . Summary o'f Land Uses (Chart I) 2. Summary of Land Uses, Acres, and Zoning Districts by Tracts (Chart II) 3 .. General Conditions and Proffers 4. Use, Bulk Exceptions, and Specific Conditions A "ft RES IDENTIAL : Uses and Condi t ions- (Chart I I I ) B. MULTIPLE FAMILY: Uses ~nd Conditions c. SCHOOLS~ OPEN SPACE/RECREATION AND CLUBS: Uses and Conditions D. ACTIVITY AND COMMUNITY CENTERS: Uses and Conditions E. Illustrative Prototype Housing 1 . Conventional 2. Zero Lot Line 3. Cluster 4. Duplex 5. Townhouse Lots for Sale 6. Multiple Family F. Illustrative Prototype Commercial 1 . Village Center Concept "All 2 . Village Center Concept "BII -8- PAGE 9 11 14 23 23 26 30 32 41 42 43 44 45 46 48 49 e e 1. SUMMARY OF LAND USES (CHART I) .Zoning* Land Qse District Acres % Density Units Sing Ie. Family R-9 2150 55 1.6 3440 Multiple F am i 1 Y R-9 241 6 6.0 1446 Subtotal 2391 61 2.0 488f Community Center** R-9 314 8 Activity Center** R-9 94 3 Subtotal 408 11 Open Space & Rec;reation: Schools R-9 145*** 4 Public Parks R-9 65*** 2 Golf Course R-9 162 4 P~rks &. Recr'ea t ion R-9 44 1 ~ Lakes R-9 27 1 Other Open Space R-9 593 It 5'02 15 Subtotal 826.502 21 Roads: Powhite R-9 97 3 Other Access R-9 170 4 Subtotal 267 7 Total 3892.502 100 1.3 4886 * Includes a conditional use permit for planned development. ** Residential units are permitted in these tracts but are not included for clarity. In any event, the total number of dwelling units in the development shall not exceed 4886~ Nor shall multiple family units exceed 1446. *** Acres dedicated and/or reserved for school and parks are included in the acres designated under single family, -multiple family, and communi.ty center. See Chart II (pages 11,12, &.13) and master plan for those tracts noted as potential school and/or park sites. -9- \ l I 2. e SU~~~KY Of LAND USES_ ACRES, e AND ZONINC MY TRACT (CHAHl Tr.ct I.onlng .".. be r A.er.. La.n.d u.. Dl.1 r Ie \ 1'-1 SI 'hl.g I. .....11 Y 1It-' .'.2 11 ling h I'..~ 1)' 11;-' 1"-) . I1AG 1. '..J IV Jt-t .,-, I' .1bQ J. ,..lly Il-' .,.... 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S1ft91e r_11 y It.-t a..-, . , .1nt1e r..Uy a-, .,...,. . SlDQ11_ ,...Ily .... Ir-.o 12 ..baO'l- PaaUy a-. ......1 12 IJq 1. '--.11y 1-' 'r-'2 SI l1D01. '....1' k-. .r....1 II 11-e1e I'uJly .-. 'r-.. ., alal1. r..11y a-. Ir-" 11 SingJ. r-Uy It-. .,.-. . 11 Slagl. ,....11y a-, a..-. " 'l S1Do 1- "_1 J y .-, 'F-"D 12 .1ag 1. ,...11 Y .... ""11- Ilt laDO!- '_1Jy Jl:-. a,-. 2: '21 'iDOl- ._lly It-. "-5:1 1S,1 S1a.vJ. ,...11y II.. .r-..... lot Stag 1. ,...S 1 Y It.., ."-15 · I) Stn.g 1. '''11 y '" It-. .,... ",. .0 Sino h ....Uy lit.... 1'-507 111 StDGh! P..Uy a., Ir-,I ., ItqJ. ....lly ~-, Ir-" · 13 '10;:1. ,..11y a-. "-1-0 .. SttllcrJ- ,... U Y .... 1"-' t · SO. .1a.g 1- ,..11 Y It-. I.....' 1'. .0 Sln.; 1. ,...lly .... SP-6' · .2 'lftal. "..Uy .... '-uDtot.l TJ"O Ml''''1 Ie M\l1 t I pI- PUlJ Iv a-' ...,- 2 11 ltuJ t iple r_lIy a.. "r-3 1 " ft\aJ t 1pl.- raal J y 111-' If'..... l' Mul1: 1p1- ,..11y 1'-' "P'- ! 19 III\IU j P 1. '''.11 Y 1'-1 M'-I IQ M\l.l t iple "..U y a-. Mr..., 11 """"11: Ipl. ,....Sly It..... Ml"-I 14 fl\aJt 1p1. ....1 J y .... Kr..' · 27 1fu.1 t 1pl. ,..11y .... ",,"10 11 ",,1 t 1pl. ,..11y .-. M,.-], : .. Mu.l: JpJ. pa.! ~y a.. MJ'- 12 21 1'1\11 t 1511. '..1ly .-. 1\I~'t o't. ~ ,. ~ os.) 1. P.rk a-. 05"'2 2' Cl\lb a-, os.. 3; :r P.rll it-. 'ubtotal .. AC"'l 1. Activity c.n..t.r .... AC...' . AeUv,r" C.Dl.J'" .... AC-J . Acti...Sty C..u:.r I-I AC.. . 1. Ace i.-I ty Cent.r .-. A.C- S, . Actlv.lty c.a'.r 111-. &e.., I. Act IvSty c.nt.r a-. ae-, 11 &C'"1: Sv&ty c.ot-r .... ac..... 12 Act "vi ty c.at.r .... ac:-. . &ctlW'lty c-t... .... "tot .1 ID. CC"l .. 0-.1 t'y cea,." .... cc:- :I- ,. ~S'Y Oetat.r ..... CC-I I' ~.lt'J' c.....r a-. cc-. I' e-aJ t., ceater .... CC-I .. c-u.i ty Ceeter a-. CC-t ,. c-nlty Ceftt.r ..1 C'C -1' .f ~icy Ceat_1'" _., I1Ilt1:D,.1 100 . - . Ope.. .,.e.. ao.4a . .tc. 104,11 ~ 101 .S.c ~ a... .... htrto'.. J 10". '0:2 1'0' ..1 1"2.ID2 _ Denot.. tho.. tract- J.d."t It j.d .. pot.nll -J .chooJ .1 t... .\l.bj.C' to land .cea... S.U lOon pelle: t.. ot :'h..t.rU.l.d, C:cw\ty. 10,,11,12 1 1 ) e e 3. CONDITIONS AND PROFFERS A'~ GENERAL: 1. The acres noted in Chart I and Chart II shall generally govern the detailed planning of the project; however, any tract boundary may be adjusted to meet field conditions and tracts, divided or combined provided that: a} Open space and recreation areas shall not be decreased by more than'ten percent (10%) except as otherwise provided herein; b) If such an adjustment encroaches upon common open space, an equivalent amount of open space shall be provided within the tract; c) The concepts of the Master Plan as they relate to the general location of types of land uses, circulation patterns} etc. are adhered to; d) Bulk exceptions and regulations as contained herein are adhered" to. 2~ Any single family residential tract may be developed as any sUb-category of single family (SFA, SFB, SFC, or SFD - see Chart III) and multiple family tracts (MFA, MFB, MFC, and MFD - see Chart III) likewise, provided that the total number of units in the development does not exceed a gross density of 1.3 and that the requirements for each sub-category are adhered to~ 3. Residential uses are permitted in all tracts provided that: a. open space and parks are not decreased by more than 10%; b~ a minimum of 25 acres south of Blackman Creek and 52 acres north of Blackman Creek shall be reserved for office/commercial uses exclusive of activity centers and multi family. c. tracts MF 4,5,6,9, & 12 shall be reserved for multiple family uses only, subject to chart III; d. tracts CC 6 & 7 shall be reserved for C-~ uses only; e. tracts CC 1,2,3,4,& 5 shall be reserved for C-3 uses only; f. adequate school, fire station, and library sites are reserved for dedication to and/or purchase by the County. -13- e e 4. Tract to tract open space shall be at least thirty (30) feet wide. 5. No golf course area shall be permitted to count as common open space used in the calculation'to make up for yard areas of lots less than 9000 square feet in the' single family category. 6. The applicant shall install a uniform and effective signage system throughout the development and shall submit a complete signage program for review and approval by the Planning staff prior to the erection of any permanent signs. Signs for commercial uses shall conform to the Emerging Growth Standards and signs for other areas of the development shall conform to the applicable sections of the zoning ordinance. However, The Planning Commission may modify these standards provided.that a comprehensive sign package is submitted which complies with the spirit and intent of the zoning ordinance; that signs'have coordinated designs, colors, and letters, and the modifica- tions do not result in a proliferation of signs. For commercial tracts or developments, 'the proposed sign package shall be submitted in conjunction with site plan or tentative review. 7. There shall be at least one standard olympic (6 lane x 25 meters) size swimming pool for each one thousand (1000) dwelling units of all kinds in the planned development and at least one (1) tennis court for each five hundred {SOD} dwelling' units. The required recreation facilities shall be built and operational by the time sixty percent (60%) of the dwelling units specified per pool or tennis court have been occupied. These specific requirements may be adjusted at the time of site. or tentative plan review based on more detailed information regarding pool size, path system, housing density and type, and other such factors~ 8. To the extent that the developer is unable to obtain the appropriate permits required to construct any lake(s) or golf course (or should such facilities not be constructed), the developer may utilize that portion of the land not in floodplain, wetlands, or resource protection areas for land uses or open space consistent with other provisions of the master plan, its land use pattern, and this,application, including the maximum ~umber of units. 9. Use exceptions shall occur on only 30% of the total acreage of the development. 10. Pedestrian access locations shall be included in the subdivision road and drainage construction plans. -14- e - 11. The definition of Umultiple family" for all tracts shall include detached residential units with densities no less than five units per acre. 12. "Above ground utility structures to accommodate a water' tank and its appurtenances shall be permitted in the vicinity of the intersection of Duval Road and proposed Powhite Parkway~ B. BUFFERS AND LANDSCAPING 1. A 100 foot buffer strip, exclusive of required yards and easements which do not run generally perpendicular through the buffer, shall be established and maintained adjacent to Powhite Parkway Extension for all residential tracts except that adjacent to TMS 51(1} Lots 30,31,32,33, & 34, a three hundred (300) foot buffer shall be provided. Prior to approval of 'any_final site plan or recordation of any plat on which a buffer is required, "the developer shall flag this buffer strip for inspection by the Planning Department. The area of this buffer strip shall either be left in its natural state! if sufficient vegetation exists to provide adequate screening and noise abatement; or be planted and/or bermed in accordance with a landscape plan approved by the Planning Department, if sufficient vegetation does not exist to provide adequate screening and'noise abatement. Only access(es) approved by the Transportation Department shall be permitted through this buffer strip. At the time of site plan or tenta t i ve subdi v ision approval for areas adj acen t to Powhi'te Parkway, the Planning Commission, Director of Planning, and/or Director of Transportation may reduce the width of the buffer strip provided topography, vegetation, or other criteria are adequate to provide equal safety, privacy~ noise abatement, and screening. This buffer shall be noted on any final site plans and any final check and recordation plats~ 2. All residential structures shall be set back a minimum of '130' from the center line of all existing and proposed arterials and/or collectors with rights of way 701 or greater (except Powhite Parkway). Prior to the approval of any final site plan or recordation of any plat adjacent to these roads, the developer shall flag these buffer strips for inspection by the Planning Department. Buffers, exclusive of required yards and easements, either in their natural state and/or with supplemental landscaping shall be provided in accordance with a landscape plan approved by the Planning Department at the time of tentative plan approval. Only access(es) approved by the Transportation Department shall be permitted through these buffer strips. At the time of site plan or tentative subdivision approval, .the Planning Commission, and/or Planning Director~ may reduce the width of the buffer strips provided topography, vegetation or other criteria are adequate to provide equal safety, privacy, and screening. These buffers -15- e e shall be noted on any final site plans and/or any final check and recordation plats. 3~ A 50' buffer shall be provided adjacent to TMS 59(1) Lots 31 & 3 2. generally paral1e 1 to and along the al ignment of Woolr idge Road. extended. Prior to the approval of any final site plan or recordation of any plat adjacent to these roads, the developer shall flag these buffer strips for inspection by the Planning Department. Buffers, exclusive of required yards and easements1 either in their natural state and/or with. supplemental landscaping shall be' provided in accordance wi,th a landscape plan approved by the Planning Department at the time of tentative plan approval. Only a~cess(es) approved by the Transportation Department shal~ be permitted through these buffer strips. At the time of site plan or tentative- subdivision approval, the Planning Commission, and/or Planning Director, may reduce the width of the buffer strips provided topography, vegetation, or other criteria are adequate to provi~e equal safety, privacy, and screening. These buffers shall be noted on any final site plans and/or any final check and recordation plats. 4. Landscaping shall comply with the applicable section of the Chesterfield County Zoning Ordinance unless either an overall landscape plan or landscape plans on a tract by tract basis which comply with the goals and purposes of the ordinance is (are) submitted and approved by the Planning Department. c. TRANSPORTATION & ACCESS: 1. 'The developer shall be responsible for the following right-of- way dedications and/or road improvements: a. Right-of-way for the- extension of Powhite Parkway, as illustrated on the master plan to a maximum of two hundred (200) feet in width in addition to adequate area (as required to meet VDOT standards for project and local traffic included in the I1Traffic Impact Studyll submitted by Wilbur, Smith & Associates dated August 19, 1991) for the interchanges with the east west corridor road and route 360, shall be dedicated to' Chesterfield County by deed of dedication free and unrestricted. Dedication shall occur in conjunction with the recordation of any lots or prior, to final site plan approval of any areas adjacent to the corridor illustrated on the access plan for the development or at the time of any road improvements in this corridor, whichever occurs first. b. Forty-five (45) feet of right-af-way for the entire length of the property which abuts Otterdale and Duval Roads1 measured from the centerline, shall be dedicated to and for the County of Chesterfield, free and -16- 'e . unrestricted. This dedication shall occur in conjunction with the recordation of any lots or prior to final site plan approval of any areas adjacent to these roads or at the time of any improvements to these roads. whichever occurs first. c. One hundred (100) feet of right of way for the entire length of the property which abuts Route 360, measured from the centerline, shall be dedicated to and for the County of Chesterfield, free and unrestricted. This dedication shall occur in conjunction with the recordation of any lots or prior to final site plan approval of any areas adjacent to Route 360 or at the time of any improvements of this road, whichever occurs first. 2. Specific roadway improvements set forth in these transportation proffers are required prior to full site development and are to be constructed in accordance with the phasing plan. approved by the Transportation Department~ The developer shall provide the Transportation Department with additional traffic studies upon completion of each phase if requested by the Transportation Department. Roadway improvements required by the d~veloper shall be increased or decreased as determined by the Transportation Department if these studies demonstrate that traffic generation rates and distributions solely by this development are materially different from projections set forth in the traffic study prepared by Wilbur Smith & Associates dated August 1991~ If satisfactory improvements cannot be provided, the Planning" Commission may reduce the permissible densities to the extent that acceptable levels of service are provided as determined by the Transportation Department. 3. In addition to submjssion of road and drainage plans to VDOT and the .Engineering Department, such plans shall also be submitted to and approved by the Transportation Department. 4. Approval of the Master Plan shall not imply that the County gives final approval of particular road sections, right of way widths, Or alignments, which may be modified and refined at ~ site plan or tentative subdivision approval based on more site specific studies and the more detailed phased traffic analysis~ 5. All plans used as part "of the sales process shall illustrate the proposed location of the Powhite Parkway~ D. UTILITIES= -17- - e . 1~ Subject to Health Department approval, and the requirements of Chapter 18."1 of the County Code and the Upper Swift Creek Growth Plan, we.lls and septic systems may be used in the folllowing instances: A. Wells for irrigation purposes only, generally throughout the request site. B. Septic systems for that area of the request site within the Appomattox River basin. 2. Subject ~o "Health Department and Utilities Department approval, and the requirements of Chapter 20 of the County Code, wells and septic systems may be used as a temporary measure in advance of the development of the internal water and wastewater system, generally throughout. the request site, and on a limited basis. Additional conditions may be imposed by Health Department and Utilities Department at the time each ~ndividual request for temporary use of wells and septic system is made. All uses served in this manner shall connect to the public system as it is extended in accordance with the overall water/wastewater system plan for the request site. 3. The required overall water and wastewater system plan shall be submitted to the Utilities Department Planning Section at least 45 days prior to submittal of the first tentative subdivision, site or schematic plan for the development. 4. The developer shall dedicate a site of sufficient size (maximum of 5 acres) for a water storage tank in the area north of Duval Road, at an elevation not less that 310' ~ The exact size of the tank and location shall be approved by the Department of Utilities/Planning Section and identified on the overall water/wastewater system plan. Dedication of the tank site shall occur prior to submittal of any tentative subdivision, site or schematic plans in the ,vicinity of the tank site, or at the time of construction of the tank, whichever occurs first. E. ENVIRONMENTAL ENGINEERING: 1. All buffers to any perennial streams of the USGS maps shall be in accordance with the provisions of the Chesapeake Bay Act as adopted by. the state, or any applicable regulations which might be adopted by the County of Chesterfield. In addition all development shall occur in conformance with the Upper Swift Creek Watershed-Ordinance unless specifically exempted herein. 2. Each "recorded plat of an area potentially containing high shrink-swell soils shall _indicate their presence on the face of the plat, noting that each individual owner or builder -18- e . shall be responsible at the time of building permit application for a geotechnical engineering analysis to determine foundation design for lots with high clay content soils located in the immediate vicinity of the proposed structure location. 3. Prior to recordation of any roads, ownership and. maintenance of lakes, detention basins, or 'BMprs shall be established as the responsibility of private entities. An indemnification agreement shall be submitted to the Engineering Department to hold the County harmless of vectors, maintenance, and replacement responsibilities. Upon completion of these facilities and prior to state road acceptance, the structural and hydraulic integrity of any dams shall be certified by the design engineer. 4. Unless otherwise required by State or Federal permitting agencies, the depth of any lake shall be at least three (3) feet at a point ten (10) feet from the shoreline. Unless the lake is to be operated by the golf course, a maintenance and operations manual shall be provided to the future owners prior to, or in conjunction with, recordation of any lots draining. ,to any lake. Tpis does not preclude the requirement of the execution of a BMP maintenance agreement. Shallow areas may be permitted when required for wetlands mitigation. '5. No building shall be located within the inundation limits of a. dam failure occurring from the 100 year storm event. Calculations shall be submitted to the Engineering Department for documentation and the limits must be shown on any affected and, recorded lots. 6. An overall project-wide erosion, sediment control, and tentative Chesapeake Bay/Swift Creek Watershed plan which includes the location of jurisdictional wetlands and provisions for the construction of the golf course shall be submitted~ approved, and implemented prior to any vegetative disturbance within any impacted drainage area on a development phasing basis. This condition does not preclude the requirement for individual site specific erosion control plans as a prerequisite for the issuance of a Land Disturbance Permit for individual projects within the development. 7. Collector road plans based on ultimate development design (on a phased basis) shall be submitted separately and prior to/concurrent with adjacent area development' plans to the 'VDOT, CDOT, and the Engineering Department. The phasing plan, after ultimate approval, may be submitted in conjunction with the plans for those improvements necessitated by the project and shall 'be accompanied by the appropriate traffic analysis to support the phasing plan which must be approved by the Chesterfield County Department of Transporation. Approval -19- e e shall be a prerequisite to the release of any building ~ermits or subdivision plat recordation. 8. All non-single family residential areas of the project . (commercial, retail, etc.), shall drain to on-site structural BMP(s) or BMP1s located elsewhere within the development as approved by the Environmental Engineer. These areas of the project may also achieve the required water q~ality standards via reduced imperviousness. The permanent maintenance of the BMP facility shall be the responsibility of parties other than private individuals. 9. Chesterfield Land Associates will fund the purchase and installation of up to two monitoring stations (and one spare) on the tributary(s) serving the developemnt. The equipment shall be that recommended by Dr. Len Smock, Virginia Commonwealth University, and will be absorbed into and utilized as an integral part of the monitoring program for Swift Creek reservoir and its tributaries sponsored by Chesterfield County or the Professional Advisory Group_ Data from these monitoring stations will provide guidance to the applicant and support a program leading to a goal of po.st development phosphorous load runoff from the development not to exceed .35 Ib/acre/year. The applicant will willingly participate in and cooperate with ,the Professional Advisory 'Group, their findings and conclusions, and shall contribute financially in an equitable manner relative to other members. F. SITE DEDICATIONS: 1. Schools and Parks: The following chart summarizes the calculations to determine the development's site area impact on the County school and parks system ~ccording to formulas provided by the County: STUDENTS ACRES I SCHOOL ACRES I PARk # STUDENTS TOTAL PER % SCHOOL IMPACT PARK IMPACT I DU's PER DU STUDENTS SCHOOL IMPACT SITE DEDICATED RESERVE SITE DEDICATED RESERVE Elem 4759 .29 1380. 775 1.8 20 36 4 10 18 2 KiddIe 4759 .13 619 1200 .52 40 21 19 10 5 5 High 4759 .15. 714 1750 .41 65 27 38 36 15 20. 84 61 38 27 145 I 65 210 -20- e e The applicant shall reserve for dedication to the County, free and unrestricted, 210 acres to be utilized for schools and/or parks in order to provide complete school and park sites. Pursuant to the Countyfs policies of site selection and acquisition, .no specific sites have ~een identified at this time. However, the applicant has identified six sites to be considered and shall provide to the Planning Department, School Administration, and/or Parks Department projected phasing of dwelling units, roads, and utilities so that an evaluation of these sites and planning/ phasing of school/park construction may proceed. The County shall identify those sit.es. required and a general time table indicating the implementation schedule for the facilities. The applicant shall remain involved in the selection .process and the evaluation process shall consider the overall plan and land use pattern of the community. Those sites mutually agreed upon shall be reserved for dedica~ion and/o~ purchase in accordance with the above. It is recognized that school, park, County and/or developer schedules and needs may change over time, and therefore those sites initially identified may change,a similar re-selection process may occur, and the applicant shall dedicate the sites to the County on an as needed basis. As development approaches an identified site, the applicant shall confer with the School Administration as to their intent and schedule and no site shall remain reseryed for a period exceeding five years once roads and utilities have .been provided to the site. 2. The applicant shall diligently pursue, to the maximum extent possible, the concept of a lease/purchase type of arrangement (at the appropriate stage of the development) in order to ensure the timely construction of school facilities. 3. The applicant shall install a single purpose water line to serve Grange Hall Elementary School (and thereby expand its capacity) by the fifth year of residential development of the project. 4. Fire Stations and Libraries: The developer shall reserve for dedication two fire station/rescue squad sites and one library site within those tracts designated as Community Centers and Activity Centers. . At the time of site planning of these tracts the developer shall confer with and obtain approval of the fire department and library board (subject to site selectio~ and acquisition policies of Chesterfjeld County) regarding the following: a. Location preferences within the development relative- to overall service areas; -21- e e b. Site planning issues regarding relationship of public facility with adjacent sites, development, and access; size of site; and C. Projected construction time frame in relationship to adjacent development in order to determine'phasing of overall site development. Prior to the issuance of any- building permits in a community or activity center in which a fire station or library site is designated and for which a schematic/site plan approval has been granted, (or when required for the construction of the facilities, whichever occurs first) the developer shall dedicate the sites to the County. 5~ S.ince the developer desires that .these facilities (schools, parks,. fire ~tation, and libraries) be an integral part of the community, both aesthetically and functionally, site planning, architectural design, landscaping, and signage shall be consistent with the ~standards of the development. G. FISCAL IMPACT & SUMMARY OF PROFFERS (under separate cover) -22- 0'1 C1J 101 0:: m ""-a. U) z o H E-t H o Z o U U H tr.. 1-1 (J [xJ 04 C/) C :z; < cn+J . c: X o (1) -r1 C +J -r-1 r-l "drl ~ r 0........ 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" O'\~ "'-' '-"' '" '" -a OJ ..c u CU u QJ ~ to .... 00 aJ C U ...... C OJ m II) G) e .u :t .__ U ro =' C 0 "'V QJ -r4.aJ = ~ co GJ C S ~u :t ....c ... 4J ~ 4.J.... o as e J..4 r-4 ....t c: ...c en 0 as ,... ~'~ ~ ." c.. cu ~ :k ....- C < -0 .u 000 ..... uo f-'lI \I.f U .0 W < U ~ ;t: ~ Is.. :l: u !i: NN 00 --:r ..::r NN ....t .....rI ~ Q !:: ~g --.. --t -.. "-" e " """"" ...... '-' ""' -"I ~ '-' N o ...::r '""" N ""'" '""' ex) '-" OJ ~ u cu J..l QJ Q.. m .u ~ ~ =' 11"\ ....., o .S ! c: .,-I :E of( e e 1~ A minimum of two parking spaces per dwelling unit shall be provided either on each lot, i~ a common parking area, or as on street parking except as otherwise provided herein. The number of required parking spaces in residential areas may be reduced where the'type of units or occupancy is non-standard (such as housing for the elderly or one bedroom and efficiency units) . 2. For those lots with less than 9,000 square feet (except townhouse lots), an amount of open space or recreation area equivalent to that by which the lot is reduced shall be provided within the deyelopment. 3. Provided that the lot is a minimum of forty (40) feet wide (except townhouse lots which shall be a minimum of eighteen [18] feet wide) at the building location. 4~ Fencing to seven (7) feet high may be utilized in any yard provided that it conforms to the corner front and side yard setbacks for principle uses. Required front yards for accessory uses shall be the same as those required for principle uses. 5. Provided that the minimum distance between structures is fifteen (15) feet (except townhouses) which may be reduced to eight (8) feet (and the required yards likewise) for a length not to exceed 14~ generally paral.lel to the property line. Corner side yards shall. be as governed by the Chesterfield County zoning ordinance. 6. Inclusive of porches and decks and provided that the rear yard abuts common open space at least thirty (30) feet wide. 7. There shall be no minimum parcel. size provided that each tract shall be planned as an integral part of the planned development with appropriate buffer areas, architectural, 'and other desi~n features to create a transition to surrounding land uses. 8. A side yard of not less than ten (10) feet shall be provided for each end unit in each building. No other side yard is required, but .shall be permitted in which case they shall have a minimum width of ~our (4) feet. The record plat shall indicate which side property lines will be built on i.f only one side of the property is to be occupied by the townhouse structure. 9. The maximum density for multiple family tracts (including elderly housing) shall be 12.5 units per acre. However, the Planning.Commission may permit the density to be increased on individual tracts (including but not limited to, elderly -24- e e housing) on.a case by case basis at the time of site or tentative plan review, provided that: a. The impacts of such increased density on adjoining land uses are mitigated by site and architectural design, topography, vegetation, landscaping, and/or screening, and b~ . The density shall in no case exceed twenty-five (25) units per acre. 10. Percent coverage is in reference to the entire tract. 11. See details of uses and conditions. -25- -e e B. MULTIPLE FAMILY: USES AND CONDITIONS (R-9 DISTRICT) The, following regulations are intended to establish criteria under which multiple family developments (townhouse lots, townhouses built. for sale, condominiums, and apartments) may be rev~ewed to insure architectural and site planning quality, adequate useable open space and recreation facilities, and other elements of residential amenity; and .iri so doing, to allow sufficient flexibility for a c~eative variety of housing . designs as well as technological and other changes over the life span o~ the development. Whe~e not speci"fically excepted below the applicable required conditions of Article 3, divisions 11 & 12 shall apply~ 1. Exceptions Permitted: The following exceptions are permitted only when site/tentative plans, including architectural drawings as appropriate, have been approved for an individu~l development "parcel which illustrate the location of all . buildings, drives, parking areas, and other information necessary to review the features of the.project. If building permits are requested for only portions of the project, the application must be accompanied by the approved site plan for the entire project. 2. Required Area: There shall be no minimum parcel size provided that each tract shall be planned as an integral part of the planned development with appropriate buffer areas, architectural, and other design featu~es to create a transition to surrounding land uses. 3~ Size of Structure: In order to help produce a human scale and to avoid potentially monotonous building facades., the maximum length of any structure or series of attached units shall not exceed one hundred eighty (180) feet, unless the facades of at least every third unit of townhouse type structures, and lengths not to exceed 60 feet for other type structures, are offset at least four (4) feet to create spatial variety; -architectural elements such as porches, bay windows, etc~ are utilized; or the siting of the structure is such that the topography causes a sufficient variation in the building form, either vertically or horizontally, in which case the structures shall not exceed three hundred (300) feet in length~ 4. Height: The heIght of any structure of a townhouse building type shall not exceed four (4) floors or fifty (50) feet~ 5~ Setbacks: The principle structures shall be setback a minimum of fifteen (15) feet from all internal private drives or public streets with on street parking (where permitted during site/tentative review), and a minimum of ten (10) feet from parking areas. Accessory buildings (including garages) and courtwal1s or fences shall be set back a minimum of four (4) -26- e It feet from access drives and seven (7) feet from parking areas. When the rear of a building not over four (4) stories or fifty (50)~feet (whichever is less) in height is designed to open upon outdoor living areas, whether at ground level or on balconies, the rear of the principle structure shall be set back a minimum of twenty (20) feet from common open spaqe which is at least 30' wid~ when such open space is at ~he edges of the tract and fifty (50) feet from public streets. For other buildings (greater than .4 stories or 50 feet in height) the setbacks shall be as determined ~t the time of site or tentative plan approval and shall be determined based on the character of the design scheme, the provisions of adequate light, .air.,. and privacy, and the provision and arrangement of open space. 6. Distance Between Buildings: The minimum distance between buildings shall be fifteen (15) feet for one and two story structures, twenty-five feet for three (3) story and thirty (30) feet for more than three (3) stories. When any adjacent structures are offset such that they overlap at the corners by not more than fourteen (14) feet, the minimum distances shall be ten (10) feet for one and two (2) story structures, and twenty (20) feet for structures three stories or .more. At site or tentative plan review the distance between buildings may be reduced to five (5) feet if the buildings meet the requi remen ts of BOCA code '.for such condi t ions., 7. Common Open Space: A minimum of twenty percent (20%) of the tract shall be devoted to open space exclusive of buildings and paved vehicular areas. 8. Recreational Facilities: Recreation areas and facilities shall be available and readily accessible to the residents of the tract, either provided within the tract or in other areas of the Planned Development of which the tract is a part1 and shall be indicated on the plans submitted for approval if - located within the tract. '9. Common Areas and Ownership of Property: Same as Article 3, Division 11, 21.1-99(m) .of the Chesterfield-County Zoning Ordinance, except that such requirements shall apply also to condominiums and multiple family. 10. Building Design and Siting: Buildings shall be designed to impart a sense of human scale and to avoid unrelieved and monotonous facades or large bulky masses. Building facades and masses shall be varied in accordance with Paragraph 3 above, The desired residential character and human scale shall be reinforced through appropriate uses of design elements such as balconies, porches, articulation of doors and windows 1 sculptural or textural relief of facades, brick belt -27- e e courses~ roof form and proportioD, or other appurtenances such as lighting fixtures, or planting~ 11. Compatibility with Adjacent Tracts: Compatibility between any multiple family tract and adjacent tracts shall be insured by transitional elements which shall be comprised of an area left in a natural state not less than thirty (30) feet wide; a change in topography; an architectural element; an urban design feature; or another approved transitional feature which may be either within the boundari~s of the tract, a part of the open space system of the planned development, or integral with the adjacent development or tract. 12. Access: If private drives or roads are used, adequate access to public roads shall be provided for all units by means of common ways which shall have widths as follows: at Two Way One Way Traffic Traffic between two rows of 900 par-king 24 22 between two rows of 600 parking 24 16 between two rows of 450 parking 24 14 serving a single row of 900 parking 22 18 serving a single row of 600 parking 20 14 serving a single row of 450 parking 20 12 with no pa.rking on either 'side 24 12 b ~ For dr i ves serv ing thirty or- fewer vehic les and where parking is not provided on either side, the width for two- way drives may be reduced to twenty-two (22) feet. c. For drives serving fifteen or fewer vehicles and where parking is not provided on either side, the width for two way drives may be reduced to twenty (20) feet~ 13. Vehicular Area Paving: All roads, driyeways, and parking areas shall be hard surfaced, properly drained, and the edges defined by durable means. 14. Elderly Housing: Residential units may be units containing no separate bedroom, with or without kitchen facilities, multiple family, single family attached, or single family detached units. The following additional restrictions and use - exceptions shall apply: a. URetirement/Elderlyl1 residential developments may include the following ancillary services: 1) Dining room, and area for food preparation and storage; -28- e - 2) Physical therapy room; 3) Recreation room; 4) Library or other sitting areas; 5) Arts, crafts, and activities areas; 6) Retail and service facilities, including administrative offices, barber and beauty shop, cleaners, clothing sales, gift and flower shop, sale of drugs, food and sundries, book store, bank, and medical office; 7) Lobby and day room; anq 8) Private visitation room. Provided, however, that any such uses are located within a principal "Retirement" residential building, and provided that no signs or announcements intended to attract the general public are displayed for such uses on the exterior of any building or on the site. b. The maximum building height for IlRetirementll residential development shall be the lesser of four {4} stories or fifty (50) feet in multiple family tracts and activity centers and twelve (12) stories or eighty~five (8S) feet in community centers. -29- e - c_ OPEN SPACE, OPEN SPACE TRACTS, AND SCHOOL SITES: USES AND CONDITIONS (R-9 DISTRICT): In addition to the uses permitted in the R-9 district and the bulk exceptions requested above, the following use exceptions shall be permitted"as part of the Conditional Use for Planned Dev~lopment. Uses Permitted: 1. Social, recreational, and community buildings to permit such facilities as, but not limited to, picnic shelters, gazebos, small- pavilions for supervision of field sports, and amphitheaters. 2. Public and private profit making clubs, golf courses} and other recreational facilities to permit such facilities ~S, but not limited to, tot lots, swimming pools, tennis courts, playfields, basketball courts, golf course, and clubhouses including uses accessory thereto. 3. Child or day care centers, nursery schools, and kinderqartens to permit such facilities in conjunction with schools and in park areas when roads, area of open ~pace, relationship t~ . nearby uses, and other relevant factors would make such uses desirable. 4. Indoor and outdoor recreational establishments to permit such uses as horseback riding, bike trails, field sports, swimming pools, tennis courts, paddle tennis, lawn games, picnic areas, tot lots, playgrounds, miniature golf, boating, ice skating, and those activities normally associated with schools; 5. Art school, gallery, or nature museum to permit the potential joint use of school facilities or other buildings and areas for special arts and crafts classes, exhibits, etc., as well as nature interpretive centers. 6. Liqht"commercial activities such as bicycle rental or sandwich and cold drink concessions at key locations which would be operated during special events, and other similar activities. 7. Offices and sales centers (in Tract 05-1 and 08-2) to permit a real estate sales reception center and associated offices related prjma~jly to real estate operations of this project~ 8. Maintenance facilities required for golf, tennis, and/or the overall community. -30- e e REQUIRED CONDITIONS 1. There shall be no recordation of any lots adjoining the golf course until the location .of same is determined. 2~ Parking for the club shall be provided on the basis of 60 spaces per nine holes of golf, one space for each 90 square feet of combined swimming and wading pool areas, and two spaces for each tennis court. These requirements may be reduced by 10% at the time of site plan approval based on the presence of pedestrian paths and other factors. 3. Active play areas, fields for sports, swimming pools and clubhouse facilities shall be located 100. from any residential tract boundary and landscaped in such a manner so as to diminish objectional aspects such as noise and trespassing while maintaining desirable views. 4. Setbacks for other structures and facilities shall be in accordance with those for Activity Centers in this application. -31- e e D~ ACTIVITY CENTERS AND COMMUNITY CENTERS: USES AND CONDITIONS (R-9 DISTRICT) Introduction It is the intent c'f th~ developer to design these centers as IIplacesu which will provide a focus-for community activities and identity for the overall community, both at the entry points to the community along ~xisting public roads and internally within the community along proposed roads 6 The basic intent is to utilize historic examples of town or village centers which incorporate many civic and commercial uses around a public green, town square, or space while meeting the convenience needs of the modern consumer. Figures F-l and F-2 (concepts A & B) iliustrate two concepts of how this objective might be accomplished even though they do not adhere to current County site requirements. Therefore the applicant requests that in Activity Centers, exceptions to setbacks, loading requirements, landscaping, and other requirements be made by the Planning Commission at site plan review on a case by case basis when it can be illustrated that the specifics of a proposed plan' are generally in keeping with the concepts in the illustrations and are superior 'to typical strip suburban commercial development~ Uses Permitted: 1. For those tracts noted as CC-l, CC-2, CC-3, CC-~, & CC-5, the uses and requirements shall be in accordance with If Article 3, Division 20 C-~ Community Business DistrictlT and lIArticle 6, Division 2 Development Requirements - Emerging Growth Areasl1 of the Chesterfield County Zoning Ordinance except as otherwise provided herein6 2. For those tracts noted as CC-6 and CC-7 the uses and req~irements shall be in accordance with "Article 3, Division 21, C-4 Regional .Business DistrictU and "Article 6, Division 2, Development Requirements - Emerging Growth Areas" of the Chesterfield County Zoning Ordinance except as otherwise provided herein. 36 For those tracts noted as AC-l, AC-2, AC-3, AC-4, AC-5, AC-6, AC-7, AC-8, & AC-9, the uses and requirements shall be in accordance with "Article 3~ Division 18, C-l Convenience Business Districtll and I1Article 6~ Division 2, Development Requirements Emerging Growth Areasfl of the Chesterfield County Zoning Ordinance except that at the time of site plan or tentative subdivision review, the Planning Commission and/or the Planning Director may modify uses and requirements provided that the following conditions are adhered to: Required Conditions: 1. As a minimum, proposed site plans must: a. Incorporate a IIvillage greenll or town square type space which shall be at least one acre in size with the least ~32- e - dimension a minimum of 100'. This space shall be designed to encourage public gatherings and informal usage by including benches, fountains, gazebos or bandstands, and walk or paths connecting to retail portions of the project as w~11 as other areas of the overall community. b~ Include, civic uses such as libraries, fire stations~ churches, daycare 'centers, schools (public or private) I recreation centers, etc. c~ Be arranged, designed, and landscaped to evoke a sense of village, town, or IIplaceu by defining the village square and organizing peqestrians and vehicular circulation (~nd parking) in a non suburban manner (yet respecting the needs of merch~nts and customers for convenience): incorporating an overall design l1themell to provide continuity; identity, and cohesiveness including street lights, paving materials, signage, landscape design, and materials, building design and materials, and other site features such as fountains, benches, gazebos, sidewalk cafes, bollards, fencing, etc. as may be appropriate for the site and design Utheme". d. Illustrate the location of all buildings,. drives, parking" areas, and other information necessary to review the features of the project (including conceptual architectural drawings) for the entire tract as illustrated on the master plan~ Should proposals for development be submitted which are inconsistent with the concepts outlined herein, then the uses, bulk requirements, tract size, and required conditions of l1Article 3, Division 18, C-l Convenience Business Districtlf shall apply to Activity Center tracts. 2. If building permits are requested for only portions of the project, the application must be accompanied by the approved site plan for the entire project6, 3~ Total retail and office square footage shall not exceed 20,000 square feet; retail uses shall not exceed 12,000 square feet; and no individual office or ~etail use shall exceed 5,000 square feet. 4. No goods may be produced for retail sale on the premises if more than five (5) persons a~e engaged in such production~ 5. All uses, including storage and except those in condition 8, shal'l be conducted entirely wi thin an enclosed building or effectively screened from view from adjacent properties and public rights-at-way. -33- e - 6. No use shall be open to the public between 12 a.m. and 6 a.m~ 7. The required number of parking spaces may be reduced by 10% if the site is adjacent to or within a neighborhood containing sidewalks or other pedestrian walkway systems and the walkway systems within the neighborhood are extended to the site and constructed within the site. 8~ - Compatibility between any Activity Center tract and adjacent residential uses or agriculturally zoned pa~cels shall be insured by buffer requirements for C-l districts or by transitional elements which shall be comprised of a landscaped buffer or area in a natural state, a change in topography, unique features in the architectural or site design, or another approved transition feature which may be ejther within the boundaries of the tract or a part of the common open space system of the planned development. All uses shall be arranged on the site such that there is not a~ abrupt or inappropriate change in scale and intensity of uses either within the tract or between these tracts, adjacent tracts, and/or adjacent uses 9. Internal setbacks (applicable within development tracts as illustrated on the master plan) for principle structures shall be a minimum of ten (lO) feet from all internal private drives, (except as required for loading~ areas) public streets with on street parking (where permitted during site/tentative review) ~ and parking areas. Accessory buildings (including. garages) and courtwalls or fences shall be set back a minimu~ of four (4) feet from access drives and seven (7) feet from parking areas. 10. Buildings shall be designed to impart a sense of human scale and to avoid unrelieved and monotonous facades or large bulky masses~ Building facades and masses shall be varied to achieve the desired character, and human and pedestrian scale which shall be reinforced through appropriate uses of design elements such as balconies, porches, articulation of doors and windows, sculptural or textural relief of facades, brick belt courses I roof form and proportion, or other appurtenances such as lighting fi~tures, or landscaping. 11. If private drives or roads are used, adequate access to public roads shall be provided for all dwelling units and other facilities by means of common ways which shall have minimum widths as follows: -34- e e a. Two Way One Way Traffic Traffic between two rows of 900 parking 24 22 between two rows of 600 parking 24 16 between two rows of 450 parking 24 14 serving a single row of gOo.parking 22 18 serving a single row of 600 parking 20 14 serving a single"row of 450 park~ng 20 12 with no parking on either side 24 12 b. For drives serving thirty or fewer vehicles and where parking is not provided on either side, the width for two way drives may be reduced to twenty-two (22) feet. C.'- For drives serving fifteen or fewer vehicles and where parking is not provided on either side, the width for two way drives may be reduced to twenty .(20) feet. ' 12. All roads, driveways, and parking areas shall be hard surfaced, properly drained,' and the edges defined by durable means. 13~ Parking spaces shall be provided in accordance with the Chesterfield County Zoning Ordinance except that at site or tentative plan review the number of parking spaces required for residential units may be reduced when the projected occupancy or type of units reflect reduced demand {one bedroom/efficiency units or housing for the elderly}. Further, the required number of parking spaces may be" reduced by 10% if the site is adjacent to or within an area containing sidewalks or other' pedestrian walkway 'systems which interconnect the site with nearby uses. 14. A minimum of twenty percent (20%) of the tracts shall be devoted to common open space exclusive of buildings and paved vehicular areas. Portions of the tracts devoted to pavement for pedestrian use, water areas and other landscape elements, whether functional or aesthetic in nature, may be included as open space. Where residential units are within or overlook areas which include non~residential uses any pedestrian or landscaped areas, (including useable or landscaped roof top areas) within such portions of the. tract may be included in the total open space of the tract. 15. Residential dwelling units may be located contiguous to, or on-tap-of, non-residential land uses, provided that adequate vehicular and pedestrian access, parking, and enjoyment of common open spaces are provided. Such dwelling units shall be located, designed, and constructed so as not to be subjected -35- e e to offensive or hazardous odors, noises, vibrations~ dust, smoke, or traffic. 16 ~ The following uses are permi tted in Act i vi ty Cent'ers (those uses noted witp an "*" 'are permitted uses in C-l districts): 1~ Antiqu~ Shop 2. Art school, ~allery, or museum. 3. * Bakery goods store. 4. * Banks and savings and loan associations. 5. * Barber or beauty shop. 6. Bicycle rental. 7. * Book or stationery store. 8. * Brokerage. 9. * Camera store. 10.* Candy store. 11. Churches and other places of worship. 12.* Dairy products store. 13.* Drug store/pharmacy. 14.* Dry cleaning, pick up and drop off; coin operated dry cleaning; pressing; laundry and laundromat; not to jnclude dry cleaning plants. 15.* Dry goods store. 16~ Dwelling units including single family detached, townhouses, apartments, condominiums, and housing for the elderly as free standing units or integral with other buildings, subject to the applicable required conditions for residential uses and General Condition 3. 17. Emergency rescue squad and fire station buildings and grounds. Florist shop. Gasoline sales in conjunction with a permitted use. Grocery store. Hardware store. Libraries. Museums Newspaper or magazine sales. Nursery schools, child or adult day care centers and kindergartens. 26.* Offices: business, governmental, medical and professional. 27. Post office. 28. Public and private profit making clubs, golf courses, parks, playgrounds and athletic fields., including bu~ldings and facilities customarily appurtenant thereto, and other recreational facilities; public and private forests, wildlife preserves, and conservation areas; subject to the conditions of Article 3, Division 16. 29~ Real estate sales/information centers and associated offices. 18.* 19 . 20.* 21.* 22. 23~ 24.* 25.* -36- 30. 31.* 32.* 33.* 34~ 35. 36~* 37.* 38.* e e Recreational facilities and grounds appurtenant thereto (including clubs, pools, tennis courts, gymnasiums, community centers, health clubs, picnic areas/shelters, gazebos, horseback riding, bike trails, golf courses, paddle tennis, lawn games such as croquet and badminton, tot lots, playgrounds, miniature golf, ice skating, those activi.ties normally associated with schools, etc.); subject to the conditions of Article 3, Division 16~ Restaurants, not including fast food, but including carry out and sidewalk cafes provided such uses are in areas designed for such use and adequate pedestrian ways are maintained. Shoe repair sho~. Tailoring and dressmaking shops Temporary vending, outdoor displays, art shows, and recreation/neighborhood events provided such uses are in areas designed for such uses and pedestrian ways are maintained~ Travel arranging and transportation ticket s~rvices. Underground utility uses when such uses are located in easements or public rights of way. Variety store. Video rental and sales store. -37- e e EXHIBIT G Explanation of Ownership, Authorization "to File, and Plats of Subject Property Chesterfield Land Associates, a Virginia General Partnership, is the entity formed by the two corporations (Dominion Lands, Inc. and East West" Community Development Associates, L~P., a Virginia limited partnership) in order to develop_ the project. Attached are letters authorizing The Planning & Design Collaborative, Inc. to act as agent in this rezoning request and information regarding the ownership and sale of the property. -38- ) , ." X I , , '" r , , J \ / \ / ^ \ I \ , \ I , \ , I \ I , \ ~ \ \ \ \ \ , \ , , \ \ \ , \ , \ t , \ , \ \ \ \ ., , \ , I J I J I I I I t , ~' I I , , , I , I / " :' I , , / , / " " I " " I , I , / , ", / , , "- / t I " ., / I , , ...... .\ I \ \ \ / , I , \ '''' ..... \ I , \ ~ \ I '- "..... ..... / I ""'" , \ I \ , , / , \ \ \' I, \ \ \ \ \ \ \ \ 1 . CONVENTIONAL , Single family detached homes on lots in conventional configuration; -39- IJ e ( -__lQr!fl ~ , ,,~ / / / 2. PATIO - ZERO LOT LINE Detached single family homes located adjacent to one side lot line in order to maximize privacy and utilization of other yards. With no windows permitted in this wall but with similar distance between houses, privacy exceeds that found in convent~onal housing. Smaller lots reduce yard maintenance while increasing open space. -40- e (;S" . I-' - ,. - ' ;:-~ . . "'. . ... ~ .... ~ ~ /' / ;' ,...... ----- "~ ~~ / ./ '- ,. ~ ~ ..... - \ , \. \ , " , , , .~' -,'.~.., ~ ~.. .' I . ..:. ~ ')1-.. I ., . " :;/ DJ"""'" ." J" - . , .:~ .: . -~..\ 3. CLUSTER Cj Detached single family homes arranged or sited with views, privacy, increased open space, and low maintenance as primary concerns. May be sold with lots or as condominium type of ownership with its advantages .of exte!~or maintenance, etc. -41- e e 4. DUPLEX -42- Two attached single family homes arranged to maximize privacy, viewt and open space. e It _*, ._0...:.. ~. .0 ., . - .... io... r . + .. _ .~' :.'r., .. I -.~ . ~ .:... .. , ......> . .".of ...~..:;~ ..~ ~6. TOWNHOUSE Attached single family homes, either located on individual lots or sold as condominiums. A simplified lifestyle, privacy, low maintenance, and security are the main features of this housing type. -43- e e 6. CONDOMINIUM More a form of ownership rather than building type, condominiums offer the advantages of home ownership but provide for exterior maintenance by an association. Many building forms, including detached homes, townhouses, and multilevel buildings are conducive to the condominium form of ownership which" is particularly appealing to young professionals, empty nesters, and retirees. -44- e I) --- Residences for rent rather than for sale, apartments may also be located within different building forms, such as IIgarden" apartments, 7. A PAR T MEN T S townhouses, etc. This housing type is appealipg to young families just getti~g started, young professionals, and the elderly, 'due to the low maintenance/upkeep required of the occupant. Such projects often serve as 'fincubators" for house purchases as young couples save for a downpa)"TTlent". -45- z w ~ ~ d 5 ....J o Z cj <( :E 00 ~ >' ~ ...J ~ -<<: -;. ~ z ~ " ~ >- ] ~ 0:: <: Q Q j ~. z ;;; ;; .0( n. Co. c.. 0: ::s r.:; c.:; ltll ~ ~ iiIIll BJ [l] {lj 0 0 ffiIIJ ::;l t&l en ..J ~:~7 ... ] 1 ';; 1 .~ ;; 1 .... 1 ~ . - l ! :~ Ci H 11 ~ <II J i :i u .. j :I .. . .. ... 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Ilo. ~H . .. . < : : ~ ~.. , IIH ... .. ~ ~ ;. ~. If "J ;" ~: f nnar H~ ~r..?; : ~ ~ : i'~ 1 5' ~ 'a i · ~ i :r. : ~ ~ ~ c ~ ~ :' . ~... -'" f~ ~n ;: ~ >~ ; ~ ... t"I ~; lS]'~ ~(")-"d -' CD 0 .>' .... "'t:I =r :.lD 0 ,0.... _~ "d 'g ~ ~ (D Gli .r:n 0 ~.. ~ :::: C':) (D c.. ~ I:T ~ CI : 0 ~ oq .. J>> 0 l:r" (I) Q.. , l>> ~.... tl!I c.. CD ~ m toe ... · .~ ~ a.. tzj H .... G!l "' .... ~ oq = o SD c.. CD i!tlI il!I nf n ?~;. ~n !~~ H ~ l ~ ~ V"P' nnca ;;;> ~~~ ~!.-i ng.~ Q n C Q ;:0 C .. ;:0 ~.; ~; ~ ~ ~ ! !. ~ : ~ ~ c:: p DDD.~ ~ o-i _. :::a ~~ !.~ ;:~ >- . 'Z ~ ~ }~ s;. ct . "'~N" 0-0::0 ::O....ZO ,,%--0 r-nZo >OC'>Ul ZzOm ~~~o O:j:o 00- mZ() ~~~ 'e: Qv> "Urn ~"U mm Z)J -i~ =i e e 3.H. AMENDMENTS AND ADDITIONAL PROFFERS AND CONDITIONS FOR MAGNOLIA GREEN - CASE NUMBER 89SN343 1. Condition 3.B.1 shall require 110 feet in lieu of 100 feet. 2. Condition 3.B.l shall read "TMS 58 (1) .. .". The words nand noise abatement" shall be removed. 3. On street parking (on both publi~'and private streets) may be approved by the Planning Department and the Transportation Department at the time -of site plan and/or tentative approval provided that adequate roadway width 'is provided. 4. Private roads shall be permitted to serve commercial and/or multiple family tracts when'approved by the Transportation Department, the Planning Department, and/or the Planning Commission. 5. In no case shall reduced setbacks for either principle struc- tures, accessory structures, fences, etc. interfere with sight distances. 6. Pedestrian access to areas in the development shall be planned and constructed to minimize conflicts with vehicles and pro- vide safe pedestrian access by such means as clearly marked and/or designated pedestrian crossings, appropriate signage, reduced corner radiuses, grade separation, etc. 7. For a distance of approximately one thousand (1000) feet east of TMS 58(1), lots 30-34! there shall be a minimum lot size of one and one-half (1 1/2} acres if lots front on Duval Rqad and a minimum house size of two thousand (2000) square feet. 8. In lieu of condition 3;1C "TRANSPORTATION AND ACCESS', 1-5 and Exhibit FI the following shall be substituted: c. TRANSPORTATION AND ACCESS 1. For traffic and access planning purposes, the maximum density shall be ~,440 single family units; 1446 multiple family units; 552.000 square feet of retail; 910.000 square feet of office space; and 320,000 square feet of office warehouse space in Community Center Tracts and Page 1 e - Activity Center Tracts 1 and 3: and 48.000 square feet of retail and 32,000 square feet of office space in all othe! Activity Centers: except that adjustments among land use types may. be made (provided that total trip generation and distribution remain constant and land use adjustments have equivalent traffic impacts) at the time of site plan and/or tentative subdivision approval by the Transportation Department, the Planning Department, and/or the Planning Commission, provided that such ad- justments are consistent with other requirements herein. 2. The Transportation Plan attached (Exhibit F, revised) " shall be considered the master road plan and shall super- sede all other exhibits with respect to transportation and access. Approval of the Transportation Plan by the county shall not imply that the county gives final" appro- val of particular road sections or alignments which may be modified and refined at site plan and/or tentative subdivision approval based on more site specific studies, the Phasing Plan, and subsequent traffic analyses submit- ted in accordance with these conditions. ,In particular, the alignments of the East West Collector and the North South Arteria~ may be adjusted to accommodate and respect adjacent land uses and parcel configurations as well as concerns for traffic. 3. Prior to any site plan or tentative subdivision plan approv~lt a Phasing Plan for the required rights-af-way. dedications and ro~d improvements identified in this application shall be prepared in -accordance with the Tran~portation Department.s requirements and submitt~d to and app~oved by the Transportation Department. Prior to begi~ning development ~~ any phase of the project the following phase specific information shall be provided: a) the land mas~es, land uses~ and densities to be developed in accordance with a logi- cal sequence based on factors such as utility availability, marketing, and pace of development; b} appropriate traffic analyses in accordance with Transportation Department regula- tions; c) the road improvements (onsite and offsite) required to sustain the development of each phase-in accordance with the Trans- portation Plan and traffic analyses; and d) location for acce~s points to all tracts ,included in the phase and those access Page 2 e e point in adjacent phases which may affect of influence other access locations: 4. In "order to provide for an adequate roadway system at the time of complete development of the proposed project, the developer shall be'responsible for the following on ~ite improvements (including construction plans to be reviewed and approved by the Transportation Department) to be provided in accordance with the approved Phasing Plan and the Transportation Plan: a) As no residential lot frontage roads, in ninety (90) feet rights-af-way, designed to VDOT Urban Minor ~Arterial Standards . (design speed' 50 MPH) or as modified and approved by the Transportation Depar~ment: 1) Site Road A (4 lanes divided from Ot- terdale Road to Site Road C; 2 lanes -from site Road C to Site Road K); 2) Site Road E (4 lanes divided from Route 360 to Site Road B; 2 lanes from Site Road B to Site Road K) ; 3) Site Road F (2 lanes through the pro- perty); 4) Site Road H (2 lanes from Duval Road to the North South Arterial); 5) Site Road K (4 lanes from Site Roads AlE to the North South Arterial; 2 lanes from the North South Arterial to the western property line); 6) The North South Arterial (2 lanes through the property) . b) As no residential lot frontage roads,in seventy (70) feet rights-of-way-, designed to VDOT Urban Collector Standards (design speed 40 mph) or as modified and approved by the Transportation Department: 1) Site Road B (2 lanes); 2) Site Road C (2 lanes); 3) Site Road D (2 lanes); 4) East West Collector (2 lanes from the eastern property line to Site Road E and from Site Road D to the western property line. c) An additional lane of pavement along the west bound lanes of Route 360 from approximately 1000 feet east of Site Road Page 3 ) 4~ ~ e e. E to approximately 1000 feet west of Site Road D. d) All intersection improvements as generally identified in Wilbur Smith Associates September 27, 1991, Figure 4-1 (R-l), including turn lanes on Route 360 at those access points approved by the Trans- portation Department. e) All traffic signalization (including potential signals) as generally id~ntified in Wilbur Smith Associates Traffic Analysis dated September 27, 1991, Figure 4-1 (R-l). f) The applicant shall 'dedicate to the coun- ty, free and unrestricted, the rights-of- way necessary to accomplish those improve- ments listed in a-e above in accordance - with the Phasing Plan. These dedications shall occur in conjunction with the recor- dation of any plats or prior to any site plan approvals in accordance with the Pha- sing Plan or within 120 ,days of a written request by the county, which ever shall occur first. g) The following additional rights-af-way shall be dedicated to the county, free and unrestricted, in conjunction with the recordation of any plats or prior to final site plan approval of any tracts adjacent to these roads or within 120 days of a written request by the county, whichever shall occur first: 1) One hundred (100) feet (measured from the center line) on the north side of Route 360 for the entire length of the property abutting Route 360; 2) Forty-five (45) feet (measured from revised centerlines based on VDOT Urban Minor Arterial Standards [or as modified and approved by the Trans- portation Department], prepared by the developer) along Otterdale and Duval Roads for the entire length of the property abutting these roads. Page 4 e e 5~ In order to further provide for an adequate roadway system and to mitigate offsite impacts at the time of complete development of the proposed project, the developer proffers $1500 per dwelling unit ($7,329,000) in land dedications and in kind construction/improvements as follows: . . a) reservation and protection (for future dedica- tion to the county, at no cost to the County, for a period of twenty (20) years from the approval of rezoning) of a two hundred (200) feet wide right-af-way for the Powhite Parkway Extension (ninety-eight [98] acres) and sixty- eight (68) acres for interchanges at Route 360 and Site Road K (one hundred sixty six [166] acres total). The exact location and/or size ,of the right-af-way and interchanges sh~ll be approved by the Transportation Department. Dedication shall occur in conjunction with the recordation of any plat or prior to final site plan approval of any areas adjacent to the corridor or within ,one hundred twenty (120) days of a written request by the county based on a final determination of the metes and bounds of the right-af-way, whichever shall occur first. The developer shall, within ninety (90) days of the rezoning of the property and determination of the right-af-way, record a restrictive covenant acceptable in form and substance to the County Attorney which restricts the use of the aforesaid property to a public road. Such restrictive covenant shall not be reworded, revised, or amended without the written consent of the County. Further! the deve.loper shall be required to disclose/illustrate on all plans used as part of the sales process for Magnolia Green the proposed location of the Powhite Parkway Exten- . sian and the interchanges. b) an additional three million (S3~OOO,OOO) dol- lars in offsite road design and improveme~ts shall be the responsibility of the developer. These funds shall be used to construct those portions of the following (exclusive of those improvements required in condition C~3 above) as mutually agreed upon by the Transportation . ~epartment and the developer: Page 5 e e 1 ) to VDOT Urban Minor Arterial Standards (design speed 50 MPH) or as modified by the Transportation Department: a) Woolridge Road between Otterdale Road and Geni to Road-; b) Otterdale Road between Route 360 and Genito Road; c) Duval Road between Otterdale Road and Powhite Parkway Extension (including bridge over Powhite); d} Route 360 between Otterdale and Baldwin Creek Road; . 2) To VDOT Urban Principle Arterial Standards (design speed 60 MPH) or as modified by the Transportation Department: a) Powhite Parkway Extension from Ro~te 360 to Old Hundred Road. These improvements shall be completed (as determined by the Transportation Department) according to the following percentages of $3,000,000 prior to final check plat approval or site plan approval for a total of more than: total residential units or develop- ment with equiva- lent t=affic impact offsi te road. improvements required to be completed 1380 residential units 2309 residential units 2836 residential.units 4153 reside~tial units 28% 47% 58% 100% 6. Specific onsite and offsite percents of roadway . improvements set forth in these transportation proffers are required prior to full site development and are to be constructed in accordance with the Phasing Plan and Transportat~on ?lan as approved by the Transportation Department. The develope= shall provide the Transportation Department with additional traffic studies, in accordance with Transpo~tation Departme~t requirements. upon completion of each phase, if requested by the Transportation Department~ Roadway improvements required by the developer shall be increased or decreased as determined by the T~ansportation Depa~trnent if t~ese studies demonstrate that traffic generation rates and Page 6 e e distributions solely by this development are materially different a~ determined"by the Transportation Department from projections set forth" in the traffic study prepared by Wilbur Smith Associates, dated August, 1991, and supplements dated September 27, 1991, and October 14, 1991.. r"f satisfactory road improvements cannot be provided, the Planning Commission may reduce the permis- sible densities to the extent that acceptable levels of service are provided as determined by the Transportation Department. 7. In the event public transportation is available in the area of the proposed development prior to the year 2010, an area acceptable to the Transportation Department and the developer, located within the development (either as a free standing use or as shared space with other uses with off peak parking demand) shall be provided to the County at no cost for the pickup and discharge of pa~sengers. 9. (3~E.l0) The developer shall install at the time of the installation of the erosion and sediment control facilitjes, the largest volume required as dictated by either erosion control, water quality, or water quantity design standards. 10. In lieu of Condition 3.F. I1SITE DEDICATIONSII 1-5 the following shall be substituted: F. PUBLIC FACILITY IMPACTS Schools, Parks, Fire Statiops, and Libraries: The ~ollowing chart summarizes the calculations to determine the development;s site area impact on the County school and parks system according to formulas provided by the County: STUDEKTS ACR.ES! ACRESI 'STUDENTS TOTAL PER % SCHOOL scaOOL IMPACT PARK PARK IMPACT Inutts PER DU STUDENTS SCHOOL IMPACT SITE DEDICATED RESER.VE SITE DEDICATED RESERVE Elem 4886 ..29 1417 775 1 .8 20 36 , 10 18 2 Middle 4886 ..13 635 1200 .53 40 21 19 10 5 '5 High 4886 .15 733 1750 ..42 65 27 38 36 15 20 84 61 38 27 145 65 210 Page 7 e e 2~ The developer agrees to dedicate to Chesterfield County, free and unrestricted land and/or other mutually agreed upon improvements to public infrastructure serving the property having a value equal to $1,200 for each residential dwelling unit to be constructed on the property. Such dedications and improvements shall consist of the following: a} 210 acres for school/park sites; [Pursuant to the County's policies for site selection and acquisition, no specific school. or park sites have been identified at this time. However, the applicant has identified six sites to be considered and shall provide to the Planning Department, School Administration, and/or Parks Department projected phasing of dwelling . units, roads, and utilities so that an evaluation of these sites and planning/phasing of school/park construction may proceed. [The County shall identify those sites required and a general time table indicating the implementation schedule for the facilities. . The applicant shall remain involved in the selection process and the evaluation process shall consider the ove~all plan and land use pattern of the community. Those sites mutually agreed. upon shall be reserved for dedication in accordance with the above. [It is recognized that school, park, County and/or developer schedules and needs may change over time, and therefore those sites initially identified may change, a similar re-selection process may occur, and the applicant shall dedicate the sites to the County on an as needed basis or as specified by the county~ [A~cess as approved by the County Transportation Department and all applicable utilities shall be provided by the developer to all sites prior to d~dication to the County, or at such other time as the County and Developer. may mu.tually agree.] . b) two fire station/rescue squad sites (the exact acreage of each site to be Page 8 e e determined by the Fire Department, but not to exceed six buildable acres in total) . and one library site (the exact acreage to be de.termined by library personnel but not to exceed 5 buildable acres) within those areas designated as Community Centers and Activity CenterSa . [At the time of site planning of these tracts the developer shall confer with and obtain approval of the fire department and/or library administration (subject to site selection and acquisition policies qf Chesterfield County) regarding the following: 1.' location preferences within the development relative to overall service areas; 2.) site planning issues regarding relationship of public facility with adjacent sites, development, and access; size of site; and 3.) projected construction time frame in relationship to adjacent develop~ent in order to determine phasing of overall. site development. ?rior to the issuance of any building permit in a cummunity or Activity Cente~ in which a fire station or library site is designated and for which. a schematic plan approval has been granted, the developer shall dedicate the sites to the County, or at such time as specified by the County.] c) a single purpose waterline extension sufficient to serve Grange Hall Elementa~y School to be installed within the first five years of residential development of the project as mutually agreed upon by the develop~r and the school administration. 3. The applicant shall diligently pursue, to the maximum extent possible and in concert with the school administration, the concept of a lease/purcha~e type of arrangement in order to ensure the timely construction of school facilities. Page 9 .( '. e e ~ lit 4. Since the developer desires that these facili~ies (schools, parks, f.ire stations, and libraries) be an integral part of. the community, both aesthetically and functionally, site planning, architectural design, landscaping, and signage shall be consistent with the standards and image of the development. 11. FISCAL IMPACT AND SUMMARY OF PROFFERS The' attached graphs (Figures I, II, III, and IV) illustrate the costs and credits attributed to development in four scenarios. As can be seen, Magnolia Green produces a surplus of revenues to the County ranging from $1,908,796 to $12,073,306, depending on the assumptions; made. Included inlthe graphs are the following proffers made by the developer: *$5/863,200 ($1200/dwelling unit) in site dedications and inkind contributions for schools, parks, fire ~ stations, and libraries; *$7,329,000 (S1500/dwelling unit) in site dedications and inkind contributions for offsite road improvements; TOTAL $13,192,200.. In addition there are other land dedications, purchase of monitoring stations, and management time committed to pursue the lease(purchase arrangement for schools~ If, in the future; Chesterfield County adopts a system of impact fees or a substantially equivalent charge ("Impact Fees1l) which would be applicable to all or any portion of the Property, then at the option of the County, (a) such Impact Fees shall be of no force- and effect with respect to Developer or the Property or (b) Developer or the Property shall receive full credit (including any reimbursement) against such Impact Fees for the value of any land and/or public improvements dedicated and/o~ constructed by the Developer pursuant to these proffers for the public infrastructure improvements funded by such impact fees~ In no event shall Developer and/or the Property be subject in full to both the obligations of these proffers to make dedications and/or infrastructure improvements and to pay Impact Fees. . Clarke Plaxco, President The Planning and Design Collaborative, Inc. Agents for the applicant Page 10 e e ADDITIONAL PROFFER FOR MAGNOLIA GREEN - CASE NUMBER e9SN143 In lieu of the dedications of land and/or in-kind improvements for schools~ parks, libraries, fire stations and roads proffered by the Developer herein, the County may, at its option, elect to have the Developer create an Escrow Fund, the principal and interest on which will equal 52,700 per residential unit multiplied by the number of residential building permits issued for construction of residences on the Property~ The initial payment into the Escrow Fund will be made by the Developer by the time the 400th residential buflding permit is issued and subsequent payments by the time of the issuance of each 400th building permit thereafter, for a total not to exceed $13,192,200. The Escrow Fund shall be used exclusively for such in-kind improvements and/or land dedications as the County shall from time to time, but not before the issuance of the 400th building permit, direct the Developer to make for schools, libraries, parks, fire stations and roads. The Deve lope~r sha 11 con t inue to reserve, the 5 i tes for schoo 1s, parks, librari~s. fire stations and roads .as provided elsewhere in theSe , ~ pro f fers .~ If, in the future, Chesterfield Co~nty adopts. a system of impact fees or a substantially eq\livalent .charge ("Impact Fees") which would be applicable to all or any portion of the Proper~y, then at the option of the County, (a) such Impact Fees shall be of no force and effect with respect to Developer or the Property; (b) Developer or the Property shall receive full. credit (including any reimbursement) against such 'Impact Fees for the value of any escrow funds and/or land and/or public improvements dedicated >and/or cons~ructed by the Developer pursuant to these proffers. for the public 1nfrastru~ture improvements funded by such impa~t fees, in n~ event shall Developer and/or the Property be subje~t in full to both ~h~ obligations of these proffers to make dedications . and/or infrastruGture improvements and to pay Impact Fees~ J~ Clarke Plaxeo, esident The Planning and Design Collaborative, Inc. Agents for the applicant Page 11 I MOSELEY / // z o ,. ~ ~ CI'" o ... o s: OIl t:r .... CD ... CD '"0 i" =- ~ CD &:S ::. .... ;" l>> !l::t' I! ~ CD CD Q... I ~. I~ > ... ,. CD ... ;" m ~ o 0< ~.; c o~ ~ o .yc ....... m ! f.:j tsJ JS:] [Sl g ~ ~ ~ ~ ~ !~4ru~. ~ i X ~ tz:j =:a :E:!= lI'I > > ~ == brJ 0 ! ~.: > CD "'t1 .0.::1 ~ to:) 0 z CJ -t !. ~ ... ~" Q.. 0... 0 = C':l ;II ... ~ ; t:d 0 0... l1j 00 2 . .. u QI ~ .:; . J ~ "0 ~ ~ :a 1-3 z '11 0 110-3 0 :;.: ;: 0 ~~ QI ~ '=' r- CD lJQ CD CD 0 ::0 I"1j Q. I CD > I ~ C') > f'1j " . 1-3 :II C':l ~ a 0 ~ ... t-t > ::; ~ t,:Ej 0 ID "' e" c:: ~ CD (D =E 1-3 CJ I · '< l::f III () ... ....-t : :- I-t C"t- "' E C"t- 0 :::0 ~ ~ '< 0 CD >- 00 ... ID ~ Z r:1 H t:zj ::0 ID > ~ r:1 ,tj 0 () ." p:l n t"'4 2 Q.. (I) ... ~ tl:I ID > ... CD w Z N G1 . e Fiscal Impact Tota 1 $9098/ d Q Ro.ade 2234/du ,Total J6864/du Fire S05/du Library 165/du Parks 467/du Schools 5927/du e e Surplus $908,796 J45.361.624 $44.452,828 '86.943~~46 '33.537.504 '~ . "t" . f''-, \. 1 ~~,~" . . ......y..... ~t:,. '. :'"":' . ...." . ~~.::,~. " ~: r~~S;:':; ;;r~~~~.""? ~--:- ~ ~" '1;.:ot.i~ ..:tC. !~::: ~~.,.: ~ ;--I~;: t 1 ~ fllll';jH~~-, Total $9284/du 10% Capture Rate 223/du Of~ Road Improv. 614/du Ded.." Jnkind 886/du Total $7661/du Ded. " Inkind 1200/du Comm. 717/du Dad.vel. 643/du Devel./Un built 1168/du -'18.728.038 Total $3833/du Fire 188/du Library 43/du Parks 270/du Schools 3382/du Costs/du Credits/du 'County Methodology With Additional Credits I ,....-... (3 Total $11329/du Roads 2234/du Total $9095/du Fire 306/du Library 166/du Parks 467/du .Schoo]s 8158/du e Surplus $1,876,224 '57,229.718 ~ $ 55.353,.494 e ;.: ~~- E r Costs/ d.u Credits/ du Total $11713/du 10% Oa pture Rate ~ 2 23/d u Off Road ]mprov. 614/du Ded. & Inkind 886/du. Total $9990/du Ded.& Inkind 1200/du Comm.717/du Undevel. 643/du Devel./Unbuilt 1168/d u ~301596.132 Total $6262/du Fire 138/du Library 43/du Parks 270/du Schools 6811/du Average $150,000 Homes/Brandermill & W oodlake School Children II J48,811,140 $44.438.170 Total $10484/du Roads 2234'/du Total $8"250/ d u Fite 305/du Library 165/ d u Parke 467/du Schoo18 7313/du e . ..~:? '::~'....~~~~~~...~~., .~~, ~rm~~~;;"::l;-;ifft"9-~"..~,"..~:t~~~4_~~"" ~'';; .' ~,~ :tt~~~->:~_~dr ;;~t,~~;:~!~~~~ ' ~. bl.: ~ < ~"i""f?.......~ 4f 1.. \; -, ~ r- 5 ~ r,.,.-...., v (Ii! .t . -D" ~ I;r ~ ~ t'l ;;~...., .. v' .' , -, 1:1 Surplus $6,004,894 $57,229.718 $51.224.824 $48,811,140 e :,. 'i". ':J. ~. '~ ~ . ( Ilifir Total $11713/du 10% Capture Rate 223/du Off Road ]mprov. 614/du Ded. & lnkind 886/du T-otal $9990/ du Ded. & lnkind 1200/du Chmmll 717/du Undevel. 643/du Devel./Unbuilt 1168/du -,30,596,132 Total $6262/ d u Fire 138/du Library 43/du PaJ:ks 270/du Schools 5811/du Costs/du Credits/du Average $150,000 Homes/ . . Brandermill School Children $40,309.500 III n" e ". ...:s-. o -of2 Surplus "$12,073,306 Total $11329/du Roads 2234/d'~ Total $9095/du I Fire 305/ d u Library 165/du Parks 467/du Schools 8168/du Costs/du $67,426,800 J59,008~2 22 e .... $55t353t494 C" '44.438.170 J40~ 793.21 ~ t- 0 .-: ~... -.... -. ~I . ... ~~~ ~ ~ Credi tsl d u Total $13800/du 10% Capture Rate 223/du 0 Off Road Jmprov. 614/du Ded. & lnkind 8BB/du Total $12077/du Ded. & lnkind 1200/du Comm. 717/du Undevel.643/du Devel./Unbuilt 1168/du Total $8349/du Fire 184/du Library 57/du Parks S60/du Schools 7748/du Average $150,000 Homes/Brandermill & Woodlake School Children 20 Year Credit IV fI '. ._~,~:.11 ,'91 11: 2~ MAIL SeCES (804)355~201:, ~t. :::,,' . e ' ,..' P.1 ,.,.::::.~,.:::>..:.(.> , ~ . , , -. , ' ' ,. " ' . . -. ., - ,. ,," ':.' ..:' -'. :.trHE;,;RLAN.NING:.& DESte NCOLl:ABORATJVE;'~U~"C..' , ." ~;;<)-:":"';i;:..:.:::<. , :."", ," , ,: . . . . -' .. : : ., ,,,' - ' .. ., , J '.,;, . " . , " " ''''..,' ~ l ';, . r ~' ' - ' . .,. -: " ":: . ,,' ",:. .' :~ ... . :: :: ~ ~. .'lAN~r)i':p~~NN'N G. ARC H IT Eel l;J R E ~ L-ANDSCA'PE!'J\.:R.CH'JTE'C:T-Li R'E ~JNTE R k)R DE s:f:G':f~t:.:.:":' . " , .' , . ; '. ~ . ' .. ", '" :' ' '" . . ~ ,~ '~::' >: ""~' .... " ': '.~,,' ',' - , .',' .." ' $ ", ,', .;. ,".':.:. . -. .:' , ; ~.., ,',: . : .: '~ ' , :: . :.".: ~ ' ,:, .... . ~ ' . - . .: ',' Deceitl"be'i':', 11.~., ,199':1,' ., I I~~. ':,.:: .... : II I ~ ~ . ~ 1 ~ ~ I I. II '" I .. . < 8.9:5)/64~S::~ I I I ~ I I ~ riI" I . . . . . . r . '--',.~: :~~ . . r r,. I I .. i". ~:.... '>:: I I ~ ~ z~- I , , , , . .. ~ I I I I ~ .~ ~ ~. . I ',~. .. I I ~ I: I I I I . I ~ r I I I t I r I . I ~ ~ I . r " ,,', ." : ... I. , ,",', ". I ~ I . I I I I I ", I ~.. I ~ I ~ ~ ~.. r ~ ~ I " I. .", \1 ~y__: :=- .~<~:~~~.P -.;' " .,<,I~: ':L" I I .:. ,r.l,: .-r ~q.~.~ .~.. " ~:n: ... I I . I r - I 1" .'''':', II '.;. I:. .:~ , . ,: .: :;:::', .}:':_::-.:)->r::~"F.:~1-\ ..- I :~~:: /" \':',,',' ;,';'~I: I. I.:'>: :;: I _ . . .'~ .:f'~::'~:"<:.:r: ~ I I ~ ~ ~ ~~;-. I . I; " I ,... I I I . I : I I ;l': I ~lt I . II I ~ ~ ~ ~ . I I I ~ ~. ~ ~ ~ . ", I ~~ ~ ~. ~ . ~ :: . I ~ I. . ~ ~"r hi.. I I. . _. I I .... . ~ I ~ I I .., . ~ I I I = ~~ : I I I I I _. I ~ :' .:.. ',\ ::' : ~';r: .:~.;:. S,t~.:veri '".P-:~ :,,'"Mi,c'?is.,' , . " '....,,' :,.. . ":':: ~~~?r~Jt~~~,~n~.~: ' :.' ..n' :';: - ';' .. " otl.e,$t"e'r:.f,:ie'J.d', ..,V'~'r,g:.i,n.-fa., 23,832.. - 'O.,~4,P,,< ,:', .. ": .' ~~ :'. .,. , " " . ~ I I I. I I . I ~ . r ~ I ~ ': .~ I I I ~ ~ I : . I I ~ I ~ I. ~ I I . . I I .. . I ~ ~ I "... I. t I ~ I I :: I I I ~ I I I I I . :. .I)~~~r: :S~~~e.:. .. . . .... . . -'., . . ..":......'~:'. .' ':' ~ '.,\.:. ",:, I I I ~~ ~ ~. . .. I I I ~ ~ " '. .:. B~T..:this:iet;ter we are. ack~owle'dg:ii:tg.>th'at't:he" int'erit. :of. .:t'he appl S:.:c'an~'.'~Jk> ':". ':: 1;~h.~,' M~gn6.1',ia. Gre.en ~e~oni~g {c,a$.e .rrtlI\ib~r ,e.g'Sl'TS4.,3") ,',' ~"a$." th~a"t:.: al.'~~ ..,.. ".~:'~.':~::' j,~,>"."':,::,:. , '~o:rl~i.t.i6ns. a~_d prof.ters i.n t~1.~, '1:e.:,~t"o.a'.! . :st~tern~!!t t;;,ev"i.s'.e'!i. .~N.Q~Je~be..r..: ~~':~./,"~ ":,~ ~:~ .... ' , : '. 1'9'9.,:1:), ,>arJ;d.:'.:al..l. ~'~.b,seq.u~n t amen.dme,~ t,$, '~.~~,te . ,~o be ,CO~~ i~e~:e'd p~Qf fe~-~~:. ~::.........::H' .:' :~::,.'.~,' ... c'qn'd':i.~~fQ:n-~ ~ Inc luded we"r.e. speq ~f.~c ::proffers "reg~rding ~i,'i:'e, .,~edi_ga>~'-~~~o'ris;:,':,' "'><:' , ,: '~~e'..'~i~~'~{j. nd' improvemer. ts 'as: we. 1 J.' ~s', *o;i.d:i t, i,t;l,ns .. af fect'1ng bulk' and," use'" ."~.~'.' .:.~. .:-.: ~ ,ex~ep,t:',iOn.s to, fu~t:r,ler cO:r'1trol ..t,l~e: n~t'..1~~ (;>,f t~e '~~..~ve,19P~ent ~ .. ., ., - . . ., .tri..~-~~o'~:~~ri~e wi t:h6u; co~~'~'~~a.t:'l~'ii:.:' i~$'t ~lig~~ ~e':a;eS:Ubmi tting ;::t'h~::~<':":"::; ~-. : : ' en~-i.o:s~d .,s'i-ng 1 e ..prof re:' '~ihich 's,t.a t.~~.~~ ~'h.i s'-.. i nten"t i,'on.,- ,%ri.'or:~ ~ :.exp 1 ic4:ti'y..:~.,',:'~ :'~:;,,:::>., ..:,..~ , ': ' ': ' ' :... ~ "":'" :'.'~.' ..:. ,.. , " , :." . " .., .~, ..~.. . ',,' .' ,: . ',. '" . ." ,. ~ ,,' .... :,' '., ~ ': '~ ~ '.' .~ :.~', ':, :/":,,,:,~,,:~~)~:.~~~;:..',,;~,<..,: ... I:. :!,l'a~e ,::8.-1'610 included.' an annotate,d: t.able of' contents: which further, '.: ~.." ....;~...~.:, ': ','.:,. 8'xp,;1 a,i-rls' ':, the I.t fit $I 0 f 't,he [no ~ e r ec e,n,t..! ~I rev.i sed,. ,cond i t ions' 'arid" , pr:o f':f-'e:ti:s :,,' : ,: I " I I I . I.. I I . I . . .... I I . . I I I I . ~ ~ r : I" I I I ',I .. ~) .. ~n~~o.','..: t~~... overal,l .~e;<tua~. .sta:t~rn~nt,:. '. ~~"",yo,Q.: should. ha~ve .an,y ~ques~~:ci~~,>:"':::"'.,'~,'~...:~ ~.: ',' ~. ..,. p;1:eQ,". ~~..~...:do ~ot ". hes.:. t ate to; call.... ',' .:: >..; , . '. , , :...._:>.;~:'<:'";,.~ ~:~' 1.'11 . . , , . < '. . ~:~~c'~~:~;Jy.,. :.... '._____. I I . . I I I I :. . ~ I ,~ " I ... I I ~' ~ I ~ " I ~ ~ . I. I :. I ~ ':. ': I ~ I I ~ .. I I , ~ , " ,.'. ,'.. ~,: ~ . ~.~ .. :;.' ":.:'~ .. :. ~ . .~, ' : " I .'.' I~~.~...~:::..:"~I"'.:'.,),. . I',. I :.:' ~:. ~ " ~: - ~ .Co ll'a bar :at.1y~: ~:::::; ,~ ~p . ~ I '" I. I ~. . I II. I 1 ~ I ~ I III I . ~ _ -. ... ., "'~ ::~:i-(:.<r,: ~ ~ I 1 ~ -:.. .'~r:. : :... ~.: . ~../~ ~ I I I :' ., , .. ~ . . I I I " I I 11,.1 I " ',' .';,' t-: ;.:', ~ , ',. , '. I ~ . I I I . . ,',' :' J,<:pj,rnl~~_p~~. ,.,.' ,,', '., ~ "I 1'" I .. . :~ . .. I ~ ~ I ~ r . . ~ ~ I ~ I "r I : ~ ~ 1 ~ I 11 ,,' . I .. , ~ ~.:. . .~. r I" " : r., ;<" '~;' 'I",,: ~', ., ,~. ," II ~ ,. , ~ ~ ' ..: ' ~ I , .' " "I~.. ~]..~...~. ~.. r. ~:~. ,~ '~ ,.. '.:. r~: ~.. ..:.::~ ': ~ . .,~ '.. ",~ , : ~: ",. , ' , - . ~ ,. , . '. . ~ ~, .' . ~.r. ~~ . ...' . ~ . . ~' ~.I ~ ' . ,: . . '.' I ~'~..' I, ' , ' , , I ' , . . ' . , , I , ~ . . r. '. ~ ~ II' ., , .... ~ - ~ ~ ~ ~~ ~~ ~ ,~ ~ ,..:. : : :~'.', ' ' ) , . ' . .r ;" ',' :~,', '.': .. :~':' . . ' . . , ' .'.:, " 'rii " " '" ~; ",,; , 3:'4 Q:1 . W E-S.T CA'R Y S T RE E T · R I C HMiO N'b; VI R'Ci'!. N,'fA 2'3' 2 2 1.~'8 0'4 ~ 35'5.-4 '4.~':dL':,,":' ~ , I ~ ~ ~ '.' ' , r . r ~ r' , . " ~ ,. . . . '.'~ r.,' , ' :. ~ r ,~. ,..":. ~~;. ~~ : .' rJ .,. ,,', . ~ : ~~.. rr'" ',: ~': : .~"': I.,.. .., '~ , ., . ...' , . " ~. ',~~....:.. ~ .....:'..,;.:,'::. ~':' ~ . ~.:~:~:\~.. ',: ' ~" ',' :.~~ -, : '~"i;.:.-~",': . , ' . , -: ,. ,.,~" ;...~.~;~',.~.::::~ I ~ . ~'., . ~ ~ ~ ~. . , 'DE~,~~ _~:91 :11:.21 MRIL S_~ES (804)355-2~12:i :'. ... '. ' . ~ - . ::P.~' .' " .... .:', ;.: . ..' , . - ~ " , . ~' .. I I ~ "'. I 'r.t'~X:T:U.Aci,.~ ,'$.TA,TEMEN.T E$:~'8:r;ti.f, ,'q. : ' ' ' . r I ~ I I I I I. - I T'ABt~E OF' CON-r. ENT'$..., --:f~ " . ' ~ I I I I ~, ~~. ~ ~ . r I ~ . ", ,.:,:,,:'.::';~.~.~.i.~' ':.,:S~JJli.nary 'o'f, Lan~ Uses (Cha~t. I". ,';."., '... " : ,I, .':, ~~ ?'~ : S~n\m.~r.y, of tan~ U Sf!S, Ac r~s.j ,~z:~,~' .+o.n..i rig . :" "::". ," ,'.. .:. '."D.is.t;%;"i,ct.s by' T~acts (.Char't:: l,r J.: "', ' ' "". .,' "< O....::.3.~:. ,G,~nera.l 'CQnaitions ~nd' Prof"re:7;'s':~,',: : ' ~' . .... ...., A. ' General (addii: ionalcorldiit ions aqd~d -by' amendma!'1 t iri.:' - >., :"; ',': · . 3 H' 3.- 7 ), . ' , ' , ,: , B.' Buft~'e.t$ and Landscap'in'g':' (.a'mende~ by ~ 1:1 1 ,and 2')' C to 'Transportat ion and ACC~SS (~eplace.d" by 3' H .8) D. U'til,i;ties' ' , " :,: 'E~ En.v.j)r'onlnen:ta'l Enginee.ri.i).g' {a'dditi9ric~"1 condition 'added ~Y:-':' ' , ,'~~endm.,~n~ in..3 E',~ an.Q':l'2,; ". : F~ Site Dedicationa (r~pl~~e~ by 3 H 10) Glt 'Fiscal ~r.mpact (replac;ed~":'by ;~L H 1~)' H y Amendm'ents .and A,do.:. t i'on'al Pr.of fer,s' . ,1 -, 12 ::..; '" . '.;' .:' ,: G~~~.: : t!se : a:nd Bulk Exceptions - : ~ _," I I I I - ~ ~ .. I ~ ~ ~ .. ~ r I ~ .. ~ ~ :. - I I I I , , ' ,:'.; ~ .;~.. .' ~~ ~~~. .-. .... I'. ~ . ; ";, I . .... 1"1"', :" . " , , ~ . ~ I ~ . I I I I ". . I' I I .. "." ~ ,j't I . I I I I ': I I I I I . . ." ." I .. . . ..) , . . .. .. ~.I _ J. . . . ~. ".. ~ ~ - . .. . . ~ . , ' ,,' ':;')':~"'" '; ~ " I I I I ,,', I :~ I .. ... . : I ~ ,"1" -:. , . . . . I "'I I . . .. ~ I I ~ ~ . . I I. I . ~.- r , _ - ~ ~ ~ ~ ~ . r.. .~q ~ ~~ :~ .~:.' ~, ;. ~. ~.:.:: :. . , "~.,~ \:'" ,~:.:>.~~ ~ : rF". ~ ~~.: . . . . . , , , ' ': : ~~ ~:",' . :.. >..; I ~ .....: I .'" _. ..:. ~.. . ~. .. :. I. , ' , ,. . " . . I I " . '. I ,'. .". ." . . _~. - I'; . ~"+ . ". _ . ~ ":. -..,.. I .. .JO ..... - ~. if .. .:. ~ ~' :. :: " ~ . .. , . . , ' , , " ,:' ~::. :~ ..' I I '" I I III I. I I II I I I I,~ I ~ I:. I I . . ..,. " . : '.:=' ~. '.:;' . (. . .. .... r". I~ . I .. I . . . . ~ ~ .. ~ ~ I ." _ . I . -:. ... . -.. I ~ . ~ ... .... .:. .. z. : . _~_ r... . - ..' . -. -.... ~1"''' . ~. " ;'. .., DEe "" ~~ ~91. 11:21 MAIL SEWES (804)355-2012. : : ':e.:' -P.j ~ :.. . L - ~: ~ -... . , , ' . ...~. . ...... ........ I ~ ; P" . . ~ ~ ~ ~ rI' " ~ r : . ~ ~ tt ~ . ,~R6fFE'R' .::~ MAGNOL!'A GREEN "7" CASE nUMBER: :69S~343 ~ ~~~~~ ~.~. . ~ I I .. ~ ~ ~ ~ I ,I . I I. .. I I ~ Th~.': app~ lcant hereby proffers, t'h.at'>t:he,__~Textual,',~~a~entent, 'Exhibits C,:,;,,;~,.., f r .~v':fsed .. en. 19 tlovembe ~ : 9 ~ ~, and amended + 9n' 10, Decem~er.: . ~ 9.9.+- } shal:! 'qe.= -.::, considered', as: proffered c.ondi't ion~, ~:PP',l"~~~~ Ie to: :~he' de;.lell;>pment ,of -:',: ,::..,.,<....:,;~. --'< ' " Ma+gnq'~~:,i'~:". $' z:e en' · ~ ~.~. 1991 , ;: ':':./:+..; :. . ~.:":'.' , .. .. ...... 4 .. "'. 'J ...:.~ C"l:~r~e' '''p 1 ax'co , Pr.~s-ident: ': The. .p 1 a'.~n'ing and De.s i grJ. Co llabo!' ~ t-i y~ ',. ~.rJ.c;:,1t . 'A,g_~'ntJ3' <for t'h:e Appl icant . . ~ ~ .. ~ ~, . :... . .... .". =. . ,.: ." " , ,; '~ ~ I I ~ ~~ I _ ~ .. .. ~I~.:~~],~.."L.~:,,:' . ~ . ~ .. ': ~ : . . ~ ... . . : ... ,. ~ .,~ - . .; - '. :' );::.. - . . . i" + . . .- . .' . ,", ~ ~ r 'r ~ . . ..:, :::: '; .. '. ' :' '::' : . ~ ~. ".01' .:: ..-:.. .; ~ '. . - .: ::~ . ~ ~ ...:: ~ : . . .:. . I,:: ~, '~ . , ,'.- ., ..~... ~~~~ . I ~: ' ... + + ~ .... ~ - -. '. - :, ~ , :. : , :. : ,.: (, '.~ :: ,. ~ ,... . ." i " . . . ~ ~ . ...~- I ~. ..~ 4 .:.. " .... . ;'. L , .oJ..' r r .... . . I ~ ... : , ~ . .' .: ( r r r:'" ,rr,rr ,.r', ,: I . . . . . I . . ~ ~ ~ ~ I' ~ . : 'I . .' , , :' ,'. :.:A: : ~ ~- ~ .' . . ~ I ~ ~ ~. I , , '~ ' .' ',' I: .. . T ...+~ . . . ,t. .1 I. ~ -. .. '. :,./ ~~~. . . ,,~. . . .. '\ .: ~ ~. . . ,~::~< , 'DEC ,11' '91 11: 22 MAIL SerCES (804)355-20i~: ,. . -e P.4 r I ~ ~ I ; .. ~ ... I ~.... ~ ... .. . ~ -- .... . ~ ~ 't ;l' : . ~~ .. ~ I 'I ~ = : r ~ .:..: r. ~ \ ~: _ AMEND~E~T AND ADDITIONAL '~ROFFE;R 'FPR-,Y~GNOL;tA GRE:EN" (CASE NUMBER : . . 8.9 S~.t! ~ ~ ~ ~ ~~ ". I" . : .. .. . r -. . ,,3 ,,'E ~, ~ 2 ,rh~ developer shall.pro,?,:i'~e" .';the ."resour.:~e$ :to ',d'~velOp :~pd" .':.- -:":,(-:> implement a fe~ti'liZ'~:' / laWn: .carl':! prog:"am, in 'or'der' 1:;0 mirtimiz~-:, .. ' phO;5p~OrOU$ runt?!f f~om 'Magr161.,fa 'Green." :The requiremem:,ts. ;ot";:"; : '" ,the, prograJt. shall b~come-.'p?!.r-:: .of thE! cov.~nants for :tne ,:'p!'oJ.ect. '- ~~~.ect ijlg al:!. prope,!'t'i~S: ~~.:tf.'1n ,t'he d~v~:~o~~en:t. ' .' ,:, ," . . .- + " ~ . ~ ~ . II;, ~ I I . ~.. . ,su~~;:t;~.t~.. 1.0.'; ~.ecernber . ' . ~ ~ ~ . : .:1 ~ . ~ . : . -: :. I. ~.: : ~ ~ , : .. >' :~ ~ ~.: ,-:';' :~ ~ " " . .... . ... .." + ~. _ ~ r r~ _ .. '. : .._ :..'" .'.' .:'-~~'c:i~~:~~,":~'l~KCO" ?'r'es.iden t . ': ; ':. . ThE(,Plannlng ap.d 'Design' Collab9!'at.tve, Inc. Ag~~ts".f6r the'.Applicant', " .' :, ";.' .... . I I ~ ~ I . '". ~ -' I I I I .: ~ ~ ~ I ~ ~ ~ ,I I ~ . · ::. ~~'. ~ "i ~:< ... I ....' . r ~ ~ . .~.. : r - : " .. ; _. .., t.: ~.~ . . ; .':-,:: '.: <, i/ . - ..~ "'. , ' , . . .. . .r ... ~ ... . ~ .: . . . I "; t ~ . II;, . . ~ r '~. ~ - ~ I~ r~~~~ ~ ,', , , ' .: ~ "" I ~ ~ ,I I . . I . r,: " ,/ ~ . . .. ' ". .r ~~ ~I:~ I I I .1, I ~ . ,. . :. ~ of' , ,,=.:':: .::: ::. ,...:. .' . .' ':.... I ~ f" ~~ '. ~ : . + I of,: ~ .. : -. .. I 'i _.. r _ .. ~~ I 4 ~ ~ . I . ~ .. -. . ... :. ....~ = . r+ -. ~ . I I ~ .. r I ~ . ~ ~ .: " I : I I I =. I ~ , . . . , ,.' .>:.. ~ ..~, ,,:,' ~ . ~ I I ',.' . . .;.:',:~:. ~; ....~... " . .:. :.;..:.:.~. {';," ......' ~ '. : ".' .:.. .. .:. . ~ ': ~ ~ ~ - r . ~.. . I ., I . 'I I I . . ...., .. :~..:": ~ .... : ~ : ....- - . . , . ~ ~ ~ . .. .. .~ 1+ I I I I ~. ~ : .. I . , I I. . : I.... I ~ I . . r I I ... _ I ~ . . I . ~ . r _ ~~~ ~ . I ~ _ . . . . I I. I I : . I ~ I ~ I ~ .. . : I ~~.. ~ . . ~~ : ~ . :-' . .. :. ~ ~~~:.~._ r . ~. I I. . .". . :: ::..'+!. r ~ ~ ... . I I : '. I ~~ : : . + + +. . ~ riI" . . . ... ~ I . < ~ .... ~... ~... . ... . ~ : . ',' . .:.:, >~ '..:. : ' ~ _. r ~.. : r . ",.. . ,....::.. ~ , ., .' ":. ~~.: . .; ': . ... .~,.. . . . . . ..: ......'~ .~: " I I ..: . . .. " . . . t . . r1 ~ ~ + or" ~ "'. I .~: ">: r . . ~ : ' ~..: '. ~ . ,~., r"', ' 1'1 ,I, . ~ I."" ':. -:. ~ ~, I . : I,:. ~ r ~. ~ '~. ";, .. ~ '. ,,;;. ~.~ -. ; , . ~, ~ ~- ;;-.: . ,: , I : I ~ ,~~ : ~~. ,~r r . ' .. ~.:". , . . , . . n ~ . ~ : : ~ ~ .. . . .. . . ~ ~ ~ ... DEC,11 '9111:10 MAIL SerCES (81214)355-201;;;'. . e.. P.~ I ~ I.~ ~ . . . ~ r I I . .' :::'..: ; >!-;\}>[:::.' : ":: .:; . :. ~ +++~~ r+:. .. ~."'. ~ I ( :... : . . ~ ~ ~ ~ ~r r I I .1 . .. ~ . ..~. . ....... ~ I . I. I~ II ~r :~... ~ : ~ < :.:'; '\'~:.,:-, .~:"::~~.~' .~. .. ~ .~ :.~ I I ~ . _ : ~:. . .~:. . ::.~ I. .: . : .. : I . :'. . : >-: '.~: ~)~ ~ '. :: ~~ .~.. " . :: > : ~...;.:;:: . L.' :..; :.~.:. . ~ I .. r . ~ ~~ I ~ :.... ~ , .,.':'.' . ',"i, ~ ':':~~ :~J;' /.}:. ~:: . ','. . : .' ~ 1 ,,' .r:~,;.'. H:; '.),' ':,':; . .; "~ :\~~. (~':,'i::~::. . . .:~. . ~ .:...).~ :-;'~' ':-:::<'> .i ~ :. ., ~ '.' ~ . : : . , ~. . .' :':";.T~*T~~:~:' S~.A~.EMENT' '~~~.~BI~t. :G>'!' :':.';-", . .::' ~ ~ :: ~-':~ ~. ~: . '. . . . . ~ . ~~ ~ I I I I I I .. : . . I ~ . .: . '. . ~. . ".' ~:. . . . '. .;: . '. . " '. . ~ . '. . . . ." . ,.',~"'.\.:.r::q~l;,",.S~mar.y~.of, ~and. Uses' (Cha.rt .!.}'~ "" ~:'" " . .'. ,,:,,'.::':'q~-~:'...:.S.,;:~ar.y~ .of .'.Lanq.' Uses, 'Acres,'::'.an.c'-:. ~oning,' . :. :': ':"':;~' '. . -rii' ~'t I" i C t:s ' by' "Tra.c t s (' bh4;!'~ t. <[~!,") '+.:.~. :.' , ',' :.. .: -. C~3', ,:', G.e.neral "Condit"ions and .P,ro.f.t.e.rs' .' '. , . : ..... 'A. General (adi:H t'ional'. 'c~n:dit.i.~ns. .aqde~ by amendment 3 li .3-7) , '.~ ....~, '. .:, . ," ',' -. ", . B.1I Bu f f ers . and ...t.andsca;:c'ing' '~rnende d .by. '3: 'H 1..: an'd 2 j' ' . . ..' . . C:..' T~arlsporta t ion and Aqc'e,;s.g'. (:-ep'.lac.eq 'by 3. H. 8} ." ... .:' · .'. P ;. ',0 t: i 1 i t ~ e 5 . .' . : '. ~ . . : . '.' ~"It' Snv ironmental Eng ineering Ca~d'di t ::onal' con'd.. '~.' ~ ion' added' 'bV,~,.,".': """"~:::;: :.... "..:.., . . H ~m.endment in 3 .R. 9 arid' 1,2}' . ~ , F.... Sit;e D'ed.:.cat ions. .( re-ol'ac.ed b.y 3 H + ! 0 ): G. Fiscal Impac:t, (repla~~q" by .3'; H 1'1'), , :!'. Amendments ar',d A.ddi t~c.na.-! Proffers... : :.' . , ':, .' ,: .. '. 1. - ,12 :',.' 'j" '~, ,,: .' '. . C~:~..' U~.e' ,~'nd Bulk Exceptions . > . " , " I i ~ ~ I . ~ r ~ ~ . ~ I I I I I . I ~ r ~ . .' . :". r. >,:. .:' : I I ~ ~ ~ I . ,:,::: ::::: :.T.' :'; ':~'. ::; n' ).:.h~_:/.}\:; ):;:: . ~~. ~ "i- I .: I I ... .. I ... r. ~ r ~ r r I I ~ .. '. .: ,',::" r::. ':'.:';:': , ~ < .;,.:,: ./' ~~~ '.~ :' .: /-.:. ::, : I I ~ . . I ~ , . ~ ::':,': ,(:;.' ;. < :/:~;>:, I I 4 I I ~. .. ~ :l: ~ ~ .. .;. .:. . ~ ~ ~;. .: ./: " ~ . ~~:;;. ~ .t., '?":":::.~ ~ :'JI~ '::' , :, : ~ ~ .: .~~', ~.: - ':-<<';: :.. :.: I . . ....r . ." ". 1-, i. . i , . ~ I I ~ . ~. ~ . I' ~ ~. I ~ . 4 . ~ . .: : .', '. .. '.. . . :. I :. ~ I r 1 r . : >.::.:.~J;: ;..)': ..: ;'" ,:,' ':\r "".::: ::, i.":'.\ . .; .::~ ::..:.....~ . .:<> ::. . .. . ~ . . . . .. . I I ~ " I , '. " ~ :.'.:)::}~ :\'~:.:' .. ..... ;'::>.:.!' ,(. ~: :;: , ~: :'r :=:~. '~'..' ....<~~:. ::, - :.. -:' . ~.. . ... -:. - I. ~ .. . i' . ~~; I .~ r : . I ~. . . ~ . . ~ I I I I ~ ~ ~ ~ t 4 . . I I I ..:~ ~: ..~.... ... . . I " ~. I . ~ r ~ ~ . II.". . . ~ I I ~, : I :1 r ~. I ~ rl I. ~ " I I I . :'.:: ~ ,'~. ,:' . " .... ,:n ..~::;~::...:{" ~ I '>t . ~ .. II DEe 11 '91 01:05PM 12~LER FLEISCHER e P.2/13 3 . H . AMENDMENTS AND ADDITIONAL PROFFERS AND CONDITIONS FOR MAGNOLIA GREEN - CASE NUMBER S9SN343 1. Condition 3.B.l shall require 110 feet in lieu of 100 feet. 2 . Condi t.ion 3. B.1 shall read uTHS 58 (1) ....,. The word lIand noise abatementll shall be removed from the thir4 sentence. 3. On street parking (on both pUblic and private streets may De approved by the Planninq Department and the Transpor~ation Department at the time ot site plan and/or tentative approval provided that adequate roadway width is provided. 4. Private roads shall be permitted to serve commercial and/or multiple family apartment tracts when approved by the Transportation Department, the Planninq Department, and/or the Planninq Commission. Other uses may be permitted on private roads when specifically approved by the Transportation Department, the Planninq Department and/or the Planning commission when a~equate provisions are maae for the perpetual maintenance of such private roadways. 5. In no case shall reduced setbacks fer" .i~er principal structures, accessory structures, fences, etc. interfere with sight distances. 6. Pedestrian access to a~eas in the development shall be planned and constructed to minimize conflicts with vehicles and provide safe pedestrian access by such means as clearly marked and/or des1qnated pedestrian crossings, appropriate siqnage, red~ced corner radiuses, qrade separation, etc. 7. For a distance of approxi~a~ely one thousand (1000) feet east of TMS 58(1), lots 30-34, there shall be a minimum lot size of one and one-half (1 1/2) acres if lots front on Duval Road and a minimum house size of two thousand (2000) square feet. 8. Developer hereby proffers the following conditions. These proffered conditions and the Transportation Plan supersede all previously submitted proffered conditions and oonditions outlined in the Textural Statemen~, 3.0 "TRANSPORTATION AND ACCESS", 1-f5 and Exhibit F: Page 1 DEC 11 '91 01:06PM 12111rLER FLEISCHER e P.3/13 c. TRANSPORTATION AND ACCESS 1. For traffic and access plannin~ purposes, the maximum density shall be 3,440 single family units; 1446 multiple tamily units; 552,000 square teet af ratail; 910,000 square feet of office space; and 320,000 square feet of office warehouse space in community Center Tracts and Ac~ivity Center Tracts 1 and 3; and 48,000 square feet ot retail and 32,000 square feet of office space in all other Activity Centers; except that adjustments amonq land use types may be made (provided that total trip qeneration and aistribu~1on remain constant and land use adjustments have equivalent traffic impacts) at the time of site plan and/or ~entative subdivision approval by the Transportation Department, the Planning Department, and/or the Plann1nq Commission, provl~ed that such adjustmen~s are consistent with other requirements herein. 2. The Transportation Plan attached (Exhibit F, revised) shall be considered the master road plan and shall supersede the master plan and all other exhibits with respect to transportation and access. Approval of the Transportation Plan by the county shall not imply that the county gives final approval of particular road sections or alignments or intersection alignments. 3. Prior to any site plan or tentative subdivision plan approval, a Phasing Plan tor the requ1rea ri;hts-of-way dedications and road improvements identified in this application shall be prepared in accordance with ~he Transportation Department's requirements and submitted to and approved by the Transportation Department. Prior to beglnninq development in any phase of the project the tollowinq phase specific informa~1on shall ~e provided: a) the land masses, land uses, and densities to be developed in accordance with a logical sequence based on factors such as utility availability, marketing, and pace of development; D) appropriate traffic analyses in accordance with Transportation Department requlations; c) the road improvements (onsite and offsite) required to sustain the development of each phase in accordance with the Transportation Plan and traffio analyses; and Paqe 2 DEC 11 '91 01:06PM l~HLER FLEISCHER e P.4/13 d) location for access points to all tracts included in the phase and those access points in adjacen~ phases which may affect or influence other access locations. 4. In order to provide for an adequate roadway .y.~em at the time of complete development of the proposed project, the developer shall be responsible for the followinq on site improvements (includ1nq construction plans to be reviewed and approved by the Transportation Department) to ce provided in accordance with the approved Phasing Plan and the Transportation Plan: a) As no residential lot frontaqe roads, in ninety (90) feet r19hts~of-way, dedicated to the County designed to VCOT Urban Minor Arterial Standards (des1qn speed 50 MPH) or as modified and approved by the Transportation Department. 1) site Road A (4 lanes divided from Otterdale Road to site Road C; 2 lanes from site Road C to Site Road R)i 2) Site Road E (4 lanes divided from Route 360 to Site Road BI 2 lanes from site Road B; 2 lanes from Site Read B to Site Road K); 3) site Road F (2 lanes throuqh the property); 4) site Road H (2 lanes from Duval Road to the North South Arterial); 5) site Road K (4 lanes from Si~e Roads AlE to the North South Arterial; 2 lanes from ~. North South Arterial to the western property line); 6) The North South Arterial (2 lanes throuqh the property) . b) AS no residential lot frontaqe roads, in seventy (70) feet r1qhts-ot-way, dedicated to the County designed to VDOT Urban Collector Standards (desiqn speed 40 mph) or as mQ~1f1ed and approved by the Transportation Department: 1) Site Road B (2 lanes); 2) site Road C (2 lanes); 3) Site Road 0 (2 lanes); 4) East West Collector (2 lanes from the eastern property line to site Road E and from Site Road C to the western property line). An additional lane of payment ~avement along the west bound lanes of Route 360 rom approximately c) Paqe 3 DEC 11 '91 01:07PM l~HLER FLEISCHER e P.5/13 d) 1000 feet east of site Road E to approximately 1000 feet west of site Road D. All intersection improvements as generally identified in Wilbur Smith Associates Septem~er 27, 1991, Figure 4-1 (R-l), including turn lanes on Route 360 at those acoess points approved by the Transportation Department. All traffic signalization (including potential signals) as generally identified in Wilbur smith Associates Traffic Analysis dated september 27, 1991, Fiqure 4-1 (R-l). The developer shall dedicate to the county, free and unrestricted, the rlqhts~of-way necessary to acoomplish those improvements listed in a-e above in accordance with the Phasinq Plan. ~hese dedications shall occur in conjunction with the recordation of any plats or prior to any site plan approvals in accordance with the Phasing Plan or within 120 days of a written request by the county, whichever shall occur first. e) !) 9) The following additional rights-of-way shall be dedicated to the county, free and unrestricted, in conjunction with the recordation of any plats or prior to final site plan approval ot any tracts adjacent to these roads or within 120 days of .a written request by the county, whichever shall occur first: 1) One hundred (100) feet' (measured trom the center line) on the north side of Route 360 for the entire lenqth of the property abutting Route 360; 2) Forty-five (45) feet (measured from revised centerlines based on VDOT Urban Minor Arterial standards [or as modified and approved by the Transportation Department], prepared by the developer) along Otterdale and Duval Roads for the entire length of the property abutting these roads. J) One Hundred Twenty (120) feet wide limited access right-of-way of an ultimate two hundred (200) feet limited access riqht~of-way for the construction of the Powhite Parkway Extension through subject property. Page 4 DEC 11 '91 01:08PM 12~HLER FLEISCHER e P.6/13 4) Reservation and protection for future purchase by the county or its aqents of up to an additional eighty (80) feet wide r19ht-of~way for the Powhite Parkway Extension and up to sixty-eight (68) acres for interchanges at Route 360 and Site Road K. The purchase price of said property shall be the lesser of: (a) the fair market value of the property conveyed at the time of suoh conveyance but in no event more than $26,000 per acre nor less than $14,814 per acre, or (b) if the County requests a conveyance of land within five (5) years from the date of rezoning, then at t~e developer's per acre cost plus the prorata share of infrastructure improvements made by the developer (excludinq those improvements required by the County pursuant to Condition 11), provided the County oommences construction of the ultimate improvements within one (1) year from the date of conveyance and diligently pursues same to completion. said reservation and protection shall last for a period of fifteen (15) years from the date of rezoning. The exact location of the right-of-way and interchanges shall be approved by the Transportation Depa~ment. Conveyance shall occur within one hundred twenty (120) days of a written request by the county based on a final determination of the metes and bounds of the additional right-of-way and 1nterchanqes. Upon the purchase by ana oonveyance to the County of any portion of the following segments: Seqment 1 - Northern boundary line of the Property to site Road Ki Segment 2 ~ site Road K to the southern boundary line of the Property; Seqment 3 - Powhite/Site Road K and Route 360 interchanges; Page 5 DEC 11 '91 01:08PM l~HLER FLEISCHER e P.7/13 the developer's obligation ~o reserve and protect the balance of that seqment shall terminate forthwith and without any further act or deed of any kind by any par~y. The developer shall, within ninety (90) days of the rezoninq of the property and determination of the right-af-way, record a restrictive covenant acceptable in form and substance to the County Attorney which restricts the use of the aforesaid property to a public roadt Such restrictive covenant shall not be reworded, revised, or amended without the written consent of the County. h) If required by the County, construction of the powhite Parkway Extension (two [2] lanes of an ultimate four [4) lanes as generally shown on the Transportation Plan) through the subject property to VOOT Urban Principal Arterial Standards (dasign speed 60 MPH) with modifications approved by the Transportation Department. Notwithstanding anything herein to the contrary, the ~wo (2) lanes of the Powhite Parkway Extension identified herein shall not be required of the developer prior to the recordation of the 4,328th residential lot or unit or the development of uses having an equivalent traffic impact, as determined by the Transportation Department. S. In order to further provide tor an adequate roadway system and to mitigate offsite impacts at the time of complete development of the proposed project, the developer shall be responsible for $1600 per dwellinq unit ($7,817,~OO) in land dedications and in kind constructionl improvements as follows: a) Design and construction of those portions of the following offsite road improvemen~s (exclusive of those imcrovements required in condition C.4 above) as determined DY the Transportation Department but subject to appeal to the Planning Commission: .1) to VDOT Urban Minor Arterial standards (design speed 50 MPH) or as modified by the Transportation Department: a) Woolridqe Road between otterdale Road and Genlto Road; Page 6 DE~ 11 '91 01:09PM 12~LER FLEISCHER e P.8/13 b) otterdale Road be~ween Route 360 and Genito Road; c) Duval Road between Otteraale Road and Powhite Parkway Extension; d) Route 360 between Otterdale and 1,000 feet west of site Road Oi e) Route 360 ~etween Route 288 and Swift creek Bridge; 2) to VDOT Urban Principle Arterial standards (design speed 60 MPH) or as modified by the Transportation Department: a) Powhite Parkway Extension from Route 360 to Old Hundred Road. These improvements shall be completed (as determined by the Transportation Dapartment) according to the following: Total residential units, or development with equivalent traffic impact, permitted and required offsite road improvements. Residential Units 1380 residential units 2309 residen~1al units 2836 residential units 3581 residential unies 4327 residential units percentage of $1600 per unit of offslte road Imcrovements Completed 28% 47% 58% 79% 100% 6. Specific onsite and cffsite percents of roadway improvements set forth in these transportation proffers are required prior to full site development and are to be constructed in accordance with the Phasing Plan and Transportation Plan as approved by the Transportation Department. The developer shall provide the Transportation Department with a~dltional traffic studies, in accordance with Transportation Department requirements, upon completion of each phase, if requested by the Transportation Department. Roadway improvements required by the developer shall be increased or decreased as determined by the Transportation Department if these studies demonstrate that traffic qeneration rates and distributions solely by this development are materially different as determined by the Transportation Department from projections set forth in the traffic study prepared by Wilbur s~ith ASSociates, dated Auqust, 1991, and Page 7 DEC 11 '91 01:10PM 12~LER FLEISCHER e P19/13 supplements dated September 27, 1991, and October 14, 1991. If satisfactory road improvements cannot be provided, the Planning Commission may reduce the ' permissicle densi~1es to the ex~ent that accepta~le levels of service are provided as determined by the Transportation Department. 7. In the event public transportation i8 availacle in the area of the proposed dGvelopment prior ~o the year 2010, an area acceptable to the Transpor~ation Department and the developer, located within the development (either as a tree standinq use or as shared space with other uses with off peak parking ~.mand) shall be provided to the county at no cost for the pickup ana discharge of passenqers. 9. (3.E.l0) The developer shall install at the time of the installation of the erosion. and sediment control facilities, the larqest volume requ1re~ as dictated by either erosion control, water quality, or water quantity design standards. 10. In lieu of condition 3.F. IISITE DEDICATIONS" 1-5 the following shall be substituted: F. PUBLIC FACI~ITY IMPACTS 1. Schools, parks, Fire stations, an~ Libraries: The tcllowinq chart summarizes the calculations to determine the development's site area 1mpac~ on the County school an~ parks system accor4inq to formulas provided by ~. County: S~IIDI.TI Acalll ACI.III 'Aallt %M'Act ','UDII" TOtAL .aa I ICIDOL le'BOOI. I""1:1f 'All, , . Ittt lllV 1 ~A l' IU .IE.IJI.VI 'DV"a 'Ia DU IfUDI':. J CBOOL tXJACT II!'I nDl~Al'K; &ISKaVI '8al '.29 1417 77. 1.1 ZO . . 3' .. 10 18 2 El.. Ki..l. .... . 11 6S' 12DO ..5) ItO 21 l' 10 5 ! 11ah 4'16 .1' ,JS 17JO .42 65 27 31 I. l' %0 .. 61 3. 2,7 14' 6S :!lO . - 2. The developer agrees to dedicate to Chesterfield County, tree and unrestricte~ land and/or other mutually agreed upon imprcvemen~s to public infrastructure servin; the property having a value equal to $1,200 tor each residential dwelling unit to be constructed on the property. Such paqe S DEC 11 '91 01:10PM 12~LER FLEISCHER e P. 10/13 dedioations and improvements shall consist of the followinq: 1) 210 acres for school/park sites; (Pursuant to the county's policies for site selection and acquisition, no .specific school or park sites have been identified at this ~1me. However, the applicant has identified six sites to be considered and shall provide to the Planning Department, School Administration, and/or Parks Department projected phasing of dwelling units, roads, and utilities so that an evaluation of these sites and planninq/ phasing of school/park construction may proceed. [The County shall identify those sites required and a qeneral time table indicating the implementation schedule for the faoilities. The applicant shall remain involved in the selection process and the evaluation process shall consider the overall plan and land use pattern of the community. Thos'e sites mutually agreed upon shall }:)e reserved for dedication in accordance with the above. [It is recognized that school, park, County and/or developer schedules and needs may chanqe over time, and therefore those sites initi~lly identified may chanqe, a similar re-seleotion process may ocour, and the applicant shall dedicate the sites to the county on an as needed basis or as specified by the County. [Acoess as pro~ided annroveq by the County Transportation Department and all applicable utilities shall be provided by the developer to all sites prior to dedication to the County, or at such other time as the County and Developer may mutually agree.] b) two fire station/rescue squad sites (the exact aoreage of each site to be determined by the Fire Department, but not to exceed six buildable acres in total) and one library site (the exact acreaq9 to be determined by library personnel but no~ to exceed 5 buildable acres) within those areas Page 9 DE~.ll '91 01:11PM 124~ER FLEISCHER e P.l1/13 designated as community Centers and Activity Centers. [At the time of site planning of these tracts the developer shall confer with and obtain approval of the fire department and/or library administration (subject to site selection and acquisition policies ot Chesterfield County) regardinq the following: 1) location preferences within the development relative to overall service areas; site planning issues regarding relationship of public facility with adjacent sites, development, . and access; size of site; and . projected construction time frame in relationship to adjacent development in order to determine phasinq of overall site development. Prior to the issuance of any building permit in a oommunity ef ~ommunity~ AC~1vity Center in which a fire statfon or library site is designated and for which a schematic plan approval has been granted, the developer shall dedicate the sites to the County, or at such time as specified by the County.] 2) 3) c) a single purpose waterline extension sufficient to serve Granqe Hall Elementary School to ce installed within the first five years of residential development of the project as mutually agreed upon by the developer and the school administration. 3. The applicant shall diliqently pursue, to the maximum extent possible and in 08ftScnt concert with the school administration, the concept of a lease/purchase type of arranqement in order to ensure the timely oonstruction of school facilities. 4. Sinoe the developer desires that these facilities (schools, parks, fire stations, and libraries) be an Inteqral part of the community, both aesthetically and functionally, site planninq, architectural des1qn, landscapinq, and siqnaqe paqe 10 DEC. 11 '91 01:12PM 12~LER FLEISCHER e P.12/13 shall be consistent with the standards and imaqe of the development. 11. FISCAL IMPACT AND SUMMARY OF PROFFERS At the aption of the County and- in lieu of the dedications or land and/or in-kind improvements for schools, parks, li~raries, fire s~ations and roads set forth in conditions 8.C.5 and 10.F.2, the developer shall make such dedications and/or conveyances of land and/or in-kina improvemen~s tor schools, parks, libraries, fire stations and roads servinq the development, subject to the following conditions and limitations: 1. The aqqreqate value of such land dedications and in-kind improvements shall not exceed $2,800.00 per residential dwellinq unit ($1600 of which shall be for roads and $1200 of which shall be for schools, parks, libraries and fire stations) for which a building permit is issued (~I a maximum of $13,680,800 if buildlnq permits are issued for 4,886 dwelling units). The value of land dedicated to the county shall be valued at $26,000 per acre. The value of any land purohased by the County for roads shall be based on the valuation as set forth in Condition C-4 and the value of land purchased by the County for schools, parks, libraries and fire stations shall be the fair market value of such property conveyed as of the date of such conveyance based on the assumption that all of the infrastructure, ~, sewer, water, drainage and roads, are in place, but in no event shall such land be valued at more than $26,000 per acre nor less than $14,814 per acre. 2. The developer shall reserve sites for schools, parks, libraries, fire stations and roads pursuant to the other zoning conditions proffered or agreed to by the developer in connection with this rezoning application, including without limitation, Conditions S.C.5 and lO.F.2. 3. The developer's obligations pursuant to this condition shall be secured by an escroW account established by the developer at a commercial bank approved by the County's Budget Department on terms approved by the County Attorney. The developer shall pay into the escrow account such sums as shall be required to make the principal and interest earned thereon equal $2,800 for each residential dwellinq unit for which a building permit is issued ($1,600 of Which is for roads and $1,200 of which is for schools, parks, libraries an4 paqe 11 I ~: ,.':: DEe 11 ~ 91 01 : 12PM 12WLER FLEISCHER .-. , P: 13,/~;3o . .' ::." 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':,", /,: 4.011" 1\\111' .ncl,v~.1d' a~l protf~ ',.~DCU.,i.o_' 91~M':", ~ .~. ~d~ill(U\.' . ana/or J.a-~~jlL :L1\~m.nt..,~ . hiVe ftoi Y~CJG~.d~'fiI '2.mp~ ~1~:tl _~1;'::'-:4n.4::; ~ County ,,.,,1.1.1 i~~tM.d. 'lMo~.. ~.' '!:8Cd.pl.nt~:o!:': .J:~/:'" :.. :, .\lob %mpaa-e '...:.D~'1d on ~ ~.tAV\ 'azov.g' ba.i." ...; ).(-,), ',.... '; aont1nu, to ,ent~ClI 'fully th~" lo"cl:L'io,,~ P.O!lt~"'~I:.~~:::" : .':.' lb. d.\t'i6J.'~' k.f.,ul\~'!' ,~~\lt \#.tl~~; ..1Ilm!I_, te, 't)Y,,':. "':. '; " .. '; d.\lelop.~ a11 %~>>_et. ~"__- "cCJ1+1.ootI4 'W ~a e~\lft!,y::~ lift:, :.. + ,II. ",: the ):!roport.y up CO \$J,SOO p.~' ~J;l.tt )litJ! _ ~8 , C~~~'~":.' ' : , "_ . 'l'!et.ini~ a)\Y am~U~~8, in exce:..:, of. tt I 800 "r. ~nl-'., :". Ai", ,.uol'1 tbe o o,",n 1: 1 , .,~.~s :th.,~ '~i.' w ~ 11 n:ot ,1190..' u4' i ;',. '.: . .' :' retain both' xaplo~. :Fe._ i and tJ.i~ I d"v..1aper ~~I Pl'~fe:~~.~' '>. " , eKaep.t to the .xt_ri~ the, %IlpaOt;',,-,- :exceed' 'I~ .;"..~.,. -. 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"'ill... ~ .. . . ~ . , . .'.. ~,o.., _ . ' . , ' . . .... - , . ~..! e e THE PLANNING & DESIGN COLLABORATIVE, INC. LAND PLANNING-ARCHITECTURE-lANDSCAPE ARCHITECTURE-INTERIOR DESIGN g'l SA/()3 LIB Novembe~ 27. 199~ L l~ t t ~ r s €: i"1 t toe tl Y' r e !": t a f1 d r~ e f.tll 'Y e ~ e c t e d. ~ 30 a r d 0 f 5 u per v :. ::: L\ r s . Denr : En r; -~ os E~d j, s t he me s t c~r ren. t a rn:~.l i c at .:. GI1 a rtd amendr1'~n t s . t c. r -:-: :~e :~<:tgn '.J ~ 1. i~ G ~ee~ ~p:::- ()'i ec t v-lh i c rl 5 s . s c hedn led t c be h ea :.d on t r...e e J. !~~Je!: t h <:. f ;;'8 r -;.: ~~'- r)c~ y. - B,~.: -:--, ....... -.. , ,-. :.:.. ...:.:, 0 of '1 au"- f'l.l i 1 -~ l' .~ ,-~ (,:11 ':..l for .t n ~......- ri - ';, -:;- r-, ...J , .~o ~ . · ~., .~ -~, :.~. I ~ '~ .. _-1.. :J.~. . J_ I ~ -....... .l,l~~ (""....l"^' CI. 1. 1::: _..;, 1. .J"....L- C:I., "=':"", _ ~_~ _ ~ ...c. "- '. c. y c.:l... _t....! \ ~ _ .~ ,u.J.. _.j... '-\.'-' IT.aterials Y01';:. are a~o;;t to recetve f!~Orl~~ tl.le planning staff! l~e thought ":..!t .:~ 1.,1!) 1...1." -:. 0<: (""f':; ~ n:::ll 'P\' 0' "! .=; '!'.... 0 r j U U ""'.l L1 I" .; t \' r- { .... ~.. a- ~ \ t ~ '3. n c 1 ~ ;:::: ...... t \' 0 ~ ~ t. f ; 1 1 t) ~.". ,... 'f) a. 1"') 1 ~I 1''' ...... . .: -~. . ~..A . '- ~ ~ ........... -- - - c.- 4.. ..... - #> ~ 1 ..J _ .. ~ _ ~ \...;. ~ 4 '--0. .. . _. "-"C. ~ _ J. : -: . , _~.r . _ _ ~ ... r e eel ve a d 11 P 1 .:. C 2 tee f r!':l..l C l~ 0 f t h l S m ct 1: e r 1. a. J w 11 e fl ~l CJ 1~. r e c ~ .: ~,.... e t" ]1 est a T f r ~ [) 0 r t C 11 t bE: S i: { t tl ~ ~he mo ~3= tree en ~ ame~dmel1. t s a r ~ ....;: E~_~:h. i b j t. ~-l ~ pa.ges 1- II SO YOll n1~. g~l ;.. tq a 7."1 t t 0 S t a:r- t the!" e be f ~ r ere 2. C. i !1f; the a!' i~] i n a 1 a I} p J. i cat i c :: ( w 1-.:. i c !-~ doe s co~tai~ still relevant and pertinen1: info~mation) ~ Also contajned in Ex h : b .i t H' ~ :::1 -:;:"':: f c~ 11 ~~ C ~h. art s w r..: i c 11 C 1 ear 1 Y' _=- 11 us t rat e t ~'; -=. t tv12. :;:- ::: ~ () 2 ':';.:i. \..: I" e e .:: ~^~j. 11 ,::~.f)t be c a.'cain on tht3 CO:'1.Ilt-~~ f s f.1 Da,rlces. hI e :-:. ~t ~ 7 t':: C l:'"; n. t .1 n -,;- t? d :t () .s 1: res s t r-~ e f a ~ t t II d t ~r 2. g n 0 1 i a G r e e ! 'l h], ~~.1. n (: t lH= n E~ :: adci tioi.:.a:!. or -:::c:.-'ernenta1 grol.o.lth C"V21""t .?_r~d above that whj.C~-1 -~~s e:~peGte.d to OCC\lr tn t!1e COll!lty over the ne:<~ 1.5 - 20 "iears. Irlst~ci(J: iv1agn_ol.i;::: r.:r'eerl \llill absorb a.pproxirn;~tely"r 109.-; of tha~t alreadT{ pr"ojected 2.Ilc1 ~nticip2t€d growth. Nor will Count'"y costs it;crease a.s a result of Magrlolia GJ:'eeJ1 all)n_~ 5 j r~ c e ~ .. r a. c c () r c. i ]"'1 g -:: 0 .t- r ~ s r:: hOD 1 -5. d r.,1 .i rl.i s t rat ion..~ (~ 1 jn 0 !.::~ t 2. 1:' C 0 U :-~. t '}:F sC~Qols (except those in the eastern areas) are at OJ~ above cc~pa.c i ty'l' and ~; i 11 r-err:.a i 11 so, e\ren 2.f t er the cons t rl.~c~: .i c':.. 0 t t]10~3 f"~ a~?pl" c;,le d blJ. t un func1ed sc hOD J. s ~ i.'!1 essence, O!le nore ~-lOU [~E~ 111.] j, .1 t any~here in the cc~~.ty creates ~he need for additio~a] schocl spac e: a!1d 2. according to t~e Transportatio~ Department, most roads 1J1 the vicinity of Magnolia Green require improvements today based on exist ing t ra.f fie and/ or road, c:on.d i t ior~s; tllei r pro j ec -: ions 0 floc;::;. 1. or background traffic (exclusive of Ma~no!ia Green) also require improvements of these same roads; i~ essence one more house c~eates the need for additional ~oad improvements~ In, fact. Sh01Jld. ftltu~e growth (one l!lOre flOl..lSe) D(:Ctlr on lc.ts ann/or land ?;.lrEad~" zoned but not scbject to cas!~ ~r:)ffers~ the costs for schools~ 340 1 W EST CAR Y 5 T R E E T. R Ie HMO N D, V I R GIN I A 2 3 2 2 1 · 8 04- 3 5 5 · 4 4 1 0 e e road iJnprovements~~ and other cour:ty 't"?tc,:J.ities wil.l contjnu.e to Inoun.t~ whi Ie increlneIltal revenue wi 11 t)E z~_~=.2: On the other hand, because it will not be net new growth but growth in lieu of the above and because it has proffered $2700 per dwelling unit in ink,iI1d or si te dedica t iOrls, Magno 1 j a Green wi 11 con tr i bu te $13_~.192~200 for new county facilities. A.n additiol1al $11:000,000 in tax revenues wholly attributable to th~ scale and nature of Magrlolia Green wj.11 accrue to the county over and above those n credi ts U of $18.728 r OCO acknowledged by the county (not including $18~OOO~OOO in utility t2p fees) ~ In summary: OTHER GROWTH = $0 MAGNOLIA GREEN = $13~192f200 or $24.~ OOO~, 000.. ~ If~ indeed it is true that~ the changes in the makeup of the Board of S11perv isors wa.s due to a movement tO~vards U con t ro lle"d grow th n: the~l Magnolia Green presents an unparalleled opportunity to demonstrate jU.st what controlled growth is because Magnolia 'Green is the epitome of controlled growth: 2. Pace of development is known; ~p Ian an9. .Ioea t ion of uses is known: Densjties are known; Large scale recreational amenities and open space will be provided; Environmental safeguards w~+ll be superior to those of any other project in the cou~ty (in Virginia?); 'The developer has a recognized: excellent~ and award winnJ.ng tract record; The need for and timing of public facilities is knOW!l; and T~e developer has proffered $2700 per dwelljng unit ($700 more than current county policy) in inkind and/or site d8dicaticns and/or escrow for improvements for public facilities. 4 . 5~ 6. 7~ 8. It seems obvious that, when considering the alternatives, Magnolia Green is the vast 1 y super ior and f iscall).7 responsible 'cho ice. Magno 1 ia Green is a compelling opportunity for the county to manage controlled growth that pays for itself. We are looking forward to the eleveIlth. In the meantimer should you have any questions, do not hesitate to call.. S infer y ~larke Plaxco President /encls , -r ... ~. e e l . ~-" e e 'L e e ~ , .; . e e Lf .:~.. 1 \0. .~ e e Willialnsburg En,tironmental Group, Inc. Post Office Dox 3584 Wi1!Jarusburi. Virginia 23187 (804) 22Q..68GO r-A.x (804) 229~501 November tR. 1991 ,~ Mr. Clem Carlisle East West Partners P~O. Box 1984 Mldlothian. VA 23113 Dear Mrjl Carlisle: This letter presents the comments of the Williamsburg Environmental Group, Inc. (WOO) following a review of the COL~taJ Environmental Services. Inc. Study, An FYdluation of DtytlopmtllllnrpdCIS on Swift C'~tk Rt!s~n:nir, conducted for the local CiU1.cns group. Hands Across the Lake. East West Partners request.04 that WEG review the sludy and comment on any shortcomings or points of interest which demonstrate mal the study does not warrant further action by Chesterfield County in prohibiting or delaying the re7AJnin8.ptoCcss for Ute proposed M3gnolia Oreen projecl. . WOO's opinions regarding the methodologies, assumptions and conclusions contained In the Coastal report arc summarii'.ed in the following rOlU major poincs: 1) The A questionable use of the VAL export coefficients. The U~&\L export coecrLCients derived by Coa~1al were reftrred to as being "gen~ral1y applicable in the mld-Adantic region". Only three sources were cited (and nated as -numerous") and all three were over lo-years old.. This seems unspecific compared to tbc Camp Dresser McKee (COM). Otcsape.ake Bay Local AssicWtce Deparuncnt (CBLAD). and the Nonhern Virginia Planning District Commission (NVPDC) data which were generated in Virginia and have been used in many SI.8Lewidc studies.. The U AL loadin g raLCS are consiSlCnll y lower than the oLhcr sources I istcd above. and an:: high! y SUSpecL when applied to the residential land uses. 1) SUApect phosphorus concentration input for the Magnolia GreeD development acea.ario - The sCGOnd major flaw in the study is lhc tow phOsphorus input value used in the Rcckhow lake model for the sc:nario which includes the Magnolia Gre.en project. The subJl8I1tial change in Ute existing condition value and the Magnolia Oreen alccrnBlivo is questionable. Based on calculations by WEG. the value should show an increaso of less than 79& instead of over 30%. Table 4 is nOt' consistent with the model QUlPUC in. Appendix A. In-lake phocphONJ conccnlrBtion ranges arc gi\'cn in Table 4 and the worst case is used to cstsbllsh the reported 309& incrca~. 3) Overstatement or Magaolla Green Impact on trophic state of reservoir · Bven with tho questionable phosphorus input used jn the lake modeling. lhc Magnolia Green project will not result in a change in uoph ic: status or ftuisance val uc (Table 5). With the phosphorus val uc computed by WEGt the change will be eycn less. In addition. Coastal h:u used a phosphorus loading rate of O~45 Ib/ac/yr (or the developed l\tiagno I ia Green site though a goal of 0.3 S Ib1~yr has been proffered by Ea'u West Panncrs. 4) Lack or understanding or the County aad CBLAD loading Ind BMP cakulatioD methodotoairs . Coast.a.1 Is in error in referring to th~ Gounty~s erosion and sediment control ordin2lncc when aiscussing the loading rate calculations. The County has a CheSapeake Bay Preservation Ordinance which addtesses SLOrmw8LCt managentent and the CouPty is one of over 20 jurisdictions in the state of Virginia which usc~ expon coefficionu to quantify polOn~al l r-, r~ e e nonpoint source water quality impaclq. Applicable polluwu removaJ efficiencies are specific in the ordinance and in the CBLAD fUndbooJc and cannot be combined to produce.anifieially high . values. In general, me CoasLaI rcpon seems ha.quly prepared and there is a detinite tack of lCChnical basis for the conclusions presented by ttle study. The analysis approach discussed in the CoasIAl rcpon is MOst tho same as conducted by COM in their comprehensive assessment of the reservoir watershed. and except Cor !he. a1~tive loading raEC methodology (UAL), &he results are similara Since &be coasW study is nowhere near as comptChcnsi'lc 81 the COM aaalysis, i\ sbou1d DOC be coasidcted sufficieDt euough 10 revise Lhc County's Upper Swirt Creek Watershed Ordinance. The auachcd page presents additional comments pertaining to our 1Cview of the coasW report. If you have any questions regarding out comments. please call me. . Sincerely. ~~ Ronald J. Boyd, P.E. President Attnchmcnt cc: Mr. Jay Weinberg Mr. Clark PIneo " ..... -. e - These additional comments and obsuvationa; rcflccl some of the leChnical weaknesses, or flAWS. of me n:pen. a~ well as some of the report preparation problems.. · Numcrou $ typographical error't and tables OUl of place. · UALs arc Consistently lower than Lhc nonnally accepted data basCs in Virginia which etealCS lower. baseline values. NVPDC. COM and CBLAD loadings arc bued on moniLOring data coltcclCd in Vaginia. · It is unclear 10 WEO how the existing pbosphoms load oC 5.0 10nsIyeat was c:omputcd u shown in Table 2 since the woocDand loading tl1.C is greater than the CDM ra1C as ShOWD in Table 1. ... · The ftal tu'e of the calculations in the Coastal study demonstrates very preliminary work.. Mixiftg of uniu within the sEudy and tbc minimaJ use of pertinent infonnauol1 gJCh as watershed 1i1.cs arc characccristics of 8 hasti I y prepared repon. .. Bxueme values from ranges were used. instead of average or median values. and sensationalistic language was used to funher portray the concJusion.< as drdStiC. In addition, the defiiutive language used in the study. such as .. will- inst(J.ld of may. pu IS too much stock In the conclusions. After aU. if the conclusions could be derived so assuredly. the methods would ~ more clearly documon&.cd. · Mucb of the study is background -boiler plate- information related to water quality issues that has no bearing on the study (Le.. walet quality standatdsl criteria). · The study does not mention the use of plan review and proper planning as viab~e eitf'orccmCftt &DaIs. · The idea of using monitoring data shoWl the lacJc or understanding of the enonnou~ cost for monitoring. It is unprecedentec! for development projects and is nOl a very practical approach. . · The soils inC ormation ~"eTVCS no pwpose in this report.. · To solicit work in the concluding sentence show. an addidonal bias towards creating problema: problems which need rtXing by someone with ~expcrience in lhc W,8ler ~c.soun:cs fie1cL · Using the goal developed (using unsubstantiated methods) by Hands Across the Lake of a O.121bs/ac/yr in lake phosphorus COnCenLP"3tion In the Executive Summary demonsUltes the willingness by Coastal to A support the allegations of the ciLiuns group. In other wQrds. 0 lbS/acJyr would also prosevc water quality. ' . Vans in.lake phosphorus concenuationa to ltaCk water quality is acceptable, but it is not a planning tool. How can the development be planned and adjusted aceording to fluctu.a1ing coneenltatiofUJ (seasonal! y. annuall Y t etc.) ? e . -r 1--1 E CI-II LDI\EN'S I-lOUSE Child Develo(Jlllent Cenler 4000 NEWBY'S BRIDGE ROAD. CHES1.ERF1ELD. VlltGINIA 23832 · (804) 276-4736 f"HJ?rC I C'H5 JACJ< 'F: COLF::r...'^N SUZ^nNF: \~'TTERSHEIM December 9, 1991 Dear Supervisors, I have been a small business owner in Chesterfield County for 22 years. I have participated in helping our county grow - both in Spirit and in Revenue. Please allow our county's growth to expand with a developer that: Contributes to and lives in our county Has developed II # 111 communi ties in our county Has thoroughly PLANNED a new community to handle our growth as well as pay its own way while developing it ** Please VOTE YES" to Magnolia Green **" Magnolia Green WILL build and DONATE monitoring stations to the County to test and evaluate the waters runoff coming 1nto the reservoir. Magnolia Green WILL GIVE 210 acres of land to the county for schools and parks, as well as building a single purpose water line to provide addi tional capaci ty to Grange Hall School. Magnolia Green will dedicate 166 acres of land'for the powhite Extension, and $3000.00 off site in-kind improvements will be provided to help handle traffic. . e The growth WILL come regardless of your vote, so please- ---VOTE for a planned Community - Magnolia Green, to handle our future rather than hundreds of small, uncoordinated developments that could occur. Thank you for your consideration in this matter, ~