07SN0157
October 24, 2007 BS
ADDENDUM
07SN0157
(AMENDED)
Otterdale Venture, LLC
Matoaca Magisterial District
Grange Hall Elementary; Swift Creek Middle; and Cosby Highs Schools Attendance Zones
North line of Hull Street Road
REQUEST: (AMENDED) Rezoning from Agricultural (A) and General Business (C-5) to
Community Business (C-3) of 107 acres with Conditional Use to permit multifamily
residential use and an above-ground utility structure (water storage tank) and to
Residential Townhouse (R-TH) of seventy-one (71) acres plus Conditional Use
Planned Development to permit exceptions to Ordinance requirements.
PROPOSED LAND USE:
A mix of commercial and residential uses is proposed. A maximum of 642
residential units, to include multifamily, townhome and cluster residential is planned
(Proffered Conditions 9 and 15). Commercial development could yield a density of
approximately 900,000 gross square feet.
On October 24, 2007, amended and new proffered conditions were submitted. Amendments to
Proffered Condition 8, 9 and 10 provide some "clean up" and clarification of these
transportation proffers with no substantive changes. Addition changes should be made to other
proffers to provide clarification.
Proffered Condition 13 was added to limit development densities consistent with the traffic
impact analysis (TIA) submitted to the Transportation Department in August, 2007. Without
commitments to provide additional road improvements at such time the property is developed
and amend the proposed major site access location onto Route 360, the Transportation
Department continues to recommend denial of this request.
Proffered Condition 14 was offered to address the water quality goals of the recently adopted
Upper Swift Creek Plan amendment.
Providing a FIRST CHOICE community through excellence in public service
Proffered Conditions 12 through 20, as they appear in the "Rl~quest Analysis", have been
renumbered as 14 through 22.
Staff continues to recommend that the case be remanded to the: Planning Commission given
that revised proffered conditions have been submitted since the Commission's consideration of
the case. However, should the Board not desire to remand the ease, staff recommends denial
as the proposal fails to address the impact of the development on the transportation network.
(NOTE: SINCE THE AMENDED AND ADDITIONAL PROFFERS WERE
SUBMITTED SUBSEQUENT TO THE ADVERTISEMENT OF THE CASE, IT WOULD
BE NECESSARY FOR THE BOARD TO SUSPEND THE PROCEDURES TO
CONSIDER THESE PROFFERS.)
PROFFERED CONDITIONS:
Proffers 8.a., 8.b. and 8.c. are amended as follows:
a. Dedicate 100 feet of right-of-way on the north side of Hull Street Road as
measured from the centerline of Hull Street Road immediately adjacent to
the Property;
b. Dedicate up to 45 feet of right-of-way on the west side of Otterdale Road
measured from a revised centerline based on VDOT Urban Minor Arterial
Standard (50 mph) with modifications as approved by the Transportation
Department immediately adjacent to the Property; and
c. Dedicate a 90 foot wide right-of-way for an east/west major arterial (the
"East/West Parkway") from Otterdale Road at the eastern Property line,
through the Property to the western Property line. (T)
Proffers 9.b.i., 9.b.ii. and 9.b.iii are amended as follows:
1. one (1) full access for the East/West Parkway, located
approximately 1,930 feet (centerline to centerline) from Hull
Street;
11. one (I) right in/right out located approximately 960 feet (centerline
to centerline) from Hull Street; and
111. one (1) full access aligning the existing intersection of Otterdale
Road and Foxcreek Crossing. (T)
Proffers lO.b., 10.c. and 1O.d. are amended as follows:
b. the construction of dual eastbound left tum lanes on Route 360 at the main
site access with 200' of storage and appropriate taper;
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07SN0157-0CT24-BOS-ADD
c. the construction of a separate westbound right turn lane on Route 360 at
the main site access with 200' of storage and appropriate taper;
d. construction of a separate westbound right turn lane on Route 360 at
Otterdale Road with 250' of storage and appropriate taper; (T)
New Proffers 13 and 14:
13. Density. The maximum density of development on the Property shall be nine
hundred thousand (900,000) square feet of shopping center retail and one hundred
thirty (130) single family homes, or equivalent densities as approved by the
Transportation Department. (T)
14. Stormwater Management. The developer acknowledges that if the water quality
of the Swift Creek Reservoir has reached a median level that exceeds .04 mg/l in-
lake phosphorus or otherwise degrades to an unacceptable level, that the Director
of Environmental Engineering may recommend that the County adopt phosphorus
loading standards that are more restrictive than the standards applicable as of
October 10, 2007. To mitigate the impact of this development on the water
quality of the Swift Creek Reservoir and the Upper Swift Creek Watershed, and
consistent with the County's duty to exercise its police powers to protect the
County's water supply, the Developer and his assignees agree that the phosphorus
loading standards of the zoning ordinance applicable to any undeveloped portion
of the subject property shall be those standards that are in effect at the time of
subdivision approval. All substantially approvable construction plans in the
Department of Environmental Engineering that have complied with the submittal
criteria for review shall not be affected. (EE)
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07SN0157 -OCT24-BOS-ADD
February 20, 2007 CPC
May 15, 2007 CPC
July 17, 2007 CPC
August 21, 2007 CPC
September 18, 2007 CPC
October 24, 2007 BS
STAFF?S
REQUEST ANALYSIS
AND
RECOMMENDATION
07SN0157
(AMENDED)
Otterdale Venture, LLC
Matoaca Magisterial District
Grange Hall Elementary; Swift Creek Middle; and Cosby Highs Schools Attendance Zones
North line of Hull Street Road
REQUEST:(AMENDED) Rezoning from Agricultural (A) and General Business (C-5) to
Community Business (C-3) of 107 acres with Conditional Use to permit multifamily
residential use and an above-ground utility structure (water storage tank) and to
Residential Townhouse (R-TH) of seventy-one (71) acres plus Conditional Use
Planned Development to permit exceptions to Ordinance requirements.
PROPOSED LAND USE:
A mix of commercial and residential uses is proposed.A maximum of 642
residential units, to include multifamily, townhome and cluster residential is planned
(Proffered Conditions 9 and 15). Commercial development could yield a density of
approximately 900,000 gross square feet.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
AYES: MESSRS. GECKER, GULLEY AND BASS.
ABSTENTIONS: MESSRS. LITTON AND WILSON.
(NOTE: SINCE THE COMMISSION?S CONSIDERATION OF THIS CASE, THE
PROFFERED CONDITIONS HAVE BEEN AMENDED. THE PROFFERS CONSIDERED
BY THE COMMISSION ARE ATTACHED AS A SEPARATE DOCUMENT TO THIS
ANALYSIS.)
Providing a FIRST CHOICE community through excellence in public service
STAFF RECOMMENDATION
Recommend that the case be remanded to the Planning Commission for the following reason:
Revised proffered conditions have been submitted since the Commission?s consideration
of this case.
However, should the Board not desire to remandthe case, recommend denial for the following
reasons:
A.While the zoning and land uses comply with the Upper Swift Creek Plan, the
proposal fails to address the impact of the development on the transportation
network.
B.The proposal fails to address the water quality goals of the Upper Swift Creek
Plan.
(NOTE: CONDITIONS MAY BE IMPOSED ON THE R-TH PORTION OF THE REQUEST
AS WELL AS THE MULTIFAMILY RESIDENTIAL AND ABOVE-GROUND UTILITY
STRUCTURE USES. THE ONLY CONDITIONTHAT MAY BE IMPOSED ON THE C-3
PORTION OF THE REQUEST IS A BUFFERCONDITION. THE PROPERTY OWNER (S)
MAY PROFFER OTHER CONDITIONS ON ALL OR PART OF THE REQUEST
CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER
CONDITIONS. THE CONDITIONS NOTEDWITH "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION.CONDITIONS WITH ONLY A "STAFF" ARE
RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS AS REVISED SINCE THE COMMISSION?S
CONSIDERATION OF THIS CASE
(NOTE: THE MODIFICATIONS NOTED WITH ?STRIKE AND UNDERLINES?.)
The property owner and applicant in this rezoning case, pursuant to Section 15.2-2298 of the
Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the property under consideration and
labeled Parcels A, B and C as shown on that certain plat entitled ?Compiled Plat Showing 3
Parcels of Land Lying on the Northwest Corner of Hull Street Road and Otterdale Road
Requesting Rezoning?, dated August 29, 2006, prepared by Timmons Group (the ?Property?)
will be developed according to the following proffers if, and only if, the rezoning request
submitted herewith is granted with only those conditions agreed to by the owner and applicant.
In the event this request is denied or approved with conditions not agreed to by the owner and
applicant, the proffers shall immediately be null and void and of no further force or effect.
2 07SN0157-OCT24-BOS-RPT
APPLICABLE TO ALL
1.Utilities. The public water and wastewater systems shall be utilized.
2.Timbering. Except for the timbering approved by the Virginia State Department of
Forestry for the purpose of removing dead or diseased trees, there shall be no timbering
on the Property until a land disturbance permithas been obtained from the Environmental
Engineering Department and the approved devices have been installed.
3.Age Restriction. Except as otherwise prohibited by the Virginia Fair Housing Law, the
Federal Fair Housing Act, and such other applicable federal, state or local legal
requirements, dwelling units designed as age-restricted shall be restricted to ?housing for
older persons? as defined in the Virginia Fair Housing Law and no persons under 19
years of age shall reside therein. Any lots for age-restricted dwelling units shall be
grouped together on a particular portion of the Property and shall not be scattered among
other residential units. At the time of recordation of a subdivision plat or the approval of
any site plan, the lots shall be noted as age-restricted. Any site plan for age-restricted
dwelling units shall also note the restriction. To the extent a subdivision plat is not
required, the age restriction shall be recorded as a restrictive covenant prior to site plan
approval.
4.Water Storage Tank. The Developer shall dedicate to the County, within one hundred
eighty (180) calendar days of a written request by the County or prior to receiving site
plan approval, whichever occurs first, a three (3.0) acre site for a future water storage
tank. The site shall be in a location acceptable to the Utilities Department, but generally
in the southwest corner area of the request site, adjacent to parcels Tax ID 709-669-5927
3
and
and Tax ID 710-669-5200, have direct permanent public road access via the internal
road network for the development. The Developer shall also dedicate a temporary
ingress/egress easement adjacent to the northern property line of parcel Tax ID 710-669-
5200, and adjacent to the northern and easternproperty line of parcel Tax ID 711-669-
2024 or at such other location as is mutually acceptable to the Developer and the County,
for use by the County should the County proceed with construction of a water tank prior
to completion of the internal road network for the development. At such time as the
permanent access is established, the temporary ingress/egress easement will be vacated.
5.Water Lines. The Developer shall be responsible for the construction of the following
water lines, unless said water lines are completed by others prior to issuance of the first
building permit for the request site:
a.a twenty-four (24) inch water line along Hull Street Road, from Fox Club
Parkway to Otterdale Road;
b.a thirty (30) inch water line along Hull Street Road, from Otterdale Road to the
westernmost extent of the request site?s frontage on Hull Street Road; and
c.a sixteen (16) inch water line alongOtterdale Road, from Hull Street Road to
Foxcreek Crossing.
3 07SN0157-OCT24-BOS-RPT
6.On-Site Wastewater Plan. Prior to approval of the first tentative subdivision or site plan
for the request site, the Developer shall submitto the Utilities Department a plan for the
on-site wastewater collection system for the request site identifying future easements and
access points for all properties bordering thesouthern and western boundaries of the
request site.
7.Culverts. Storm water shall be retained on site and/or the capacity of the drainage
culverts under Otterdale Road shall be increased (unless provided by others) so that
Otterdale Road does not flood in a 10 year storm event with full development.
4
Right of Way Dedications. In conjunction with recordation of the
8.Transportation.
initial subdivision plat, prior to any site plan approval, or within sixty (60) days
from the date of a written request by the Transportation Department, whichever
occurs first, the following rights-of-way shall be dedicated, free and unrestricted, to
and for the benefit of Chesterfield County. The exact location of these rights-of-way
5
shall be approved by the Transportation Department:
6
a.Dedicate 100 feet of right-of-way on the north side of Hull Street Road
7
immediately adjacent to the Property;
8
b.Dedicate up to 45 feet of right-of-wayon the west side of Otterdale Road
9
immediately adjacent to the Property; and
10
c.Dedicate a 90 foot wide right-of-way for an east/west collector (the
?East/West Parkway?) from Otterdale Road at the eastern Property line,
11
through the Property to the western Property Line.
12
9.Access. Vehicular access for the Property shall be as described below.
Modifications to the accesses described below requested by the Developer may be
13
approved by the Transportation Department.
14
a.Direct vehicular access to and from the Property to Hull Street Road shall
15
be limited to:
16
i.one (1) full access located at the existing median break west of
Otterdale Road approximately 1,600 feet (centerline to centerline);
17
and
18
ii.one (1) right in/right out located approximately 800 feet (centerline
19
to centerline) from Otterdale Road;
20
b.Direct vehicular access to and from the Property to Otterdale Road shall be
21
limited to:
22
i.one (1) full access (East/West Parkway), located approximately 1,930
23
feet (centerline to centerline) from Hull Street;
4 07SN0157-OCT24-BOS-RPT
24
ii.one (1) right in/right out located approximately 960 feet (centerline
25
to centerline) from Hull Street; and
26
iii.one (1) full access located at the existing intersection of Otterdale
Road and Foxcreek Crossing, such that the access will be constructed
27
as a fourth approach of the existing three-approach intersection.
28
10.Transportation Improvements. To provide an adequate roadway system, and
a. To
293031
toDeveloper
the extent not provided by others, the developer shall be responsible
the following. The exact design and length of these improvements shall be
for
approved by the Transportation Department. Alternative road improvements, as
requested by the Developer and approvedby the Transportation Department and
that provide acceptable levels of service as determined by the Transportation
Department, may be substituted for the road improvements identified in this
32
Proffered Condition
:
i.the construction of dual southbound left and separate southbound right
turn lanes on Otterdale Road at Route 360, based on Transportation
33
Department standards;
34
ii.
35
a.
the construction of a northbound right turn lane onto Otterdale Road at
36
Woolridge Road, based on Transportation Department standards;
iii.the construction of northbound left turn and southbound right turn lanes on
Otterdale Road at the two site entrances, based on Transportation
37
left turn lane on Otterdale Road at the
Department standards;
38
East/West Parkway with 150? of storage and appropriate taper;
39
b.the construction of eastbound left turn lane on Route 360 at the main site
40
access with 200? of storage and appropriate taper;
41
c.the construction of a westbound right turn lane on Route 360 at the main
42
site access with 200? of storage and appropriate taper;
43
d.construction of a westbound right turn lane on Route 360 at Otterdale
44
Road with 250? of storage and appropriate taper;
4546
e.construction of the eastbound two lanes of the East/West Parkway;
47
f.construction of an eastbound right turn lane on the East/West Parkway at
48
Otterdale Road with 150? of storage and appropriate taper;
49
g.construction of a southbound right turn lane on Otterdale Road at the
50
East/West Parkway with 100? of storage and appropriate taper;
5 07SN0157-OCT24-BOS-RPT
51
h.construction of a southbound right turn lane on Otterdale Road at the
52
south site access with 100? of storage and appropriate taper;
53
i.
iv.the construction of dual eastbound left turn lanes on Route 360 at the site
54
southbound left turn
entrance, based on Transportation Department standards
lanes on Otterdale Road at Route 360 with 300?of storage and appropriate
55
taper;
56
j.construction of a westbound through lane on Route 360 from Otterdale
57
Road to the western Property line
;
58
k.
v.the full cost of traffic signalization, if warranted as determined by the
Transportation Department, of the
59
i.
1.Route 360/Otterdale Road intersection;
6061
ii.main
2.Route 360 and the site entrance; and
6263
iii./East/West Parkway
3.Otterdale Road and north site entrance.
64
intersection;
6566
l.construction of the westbound two lanes of the East/West Parkway;
67
m.construction of a westbound third through lane on Route 360 for a distance
68
of 800? west of the western boundary line of the Property;
69
n.construction of westbound third through lane on Route 360 from Fox Club
70
Parkway to Otterdale Road;
71
o.
vi.dedication, free and unrestricted to and for the benefit of Chesterfield
County, of any additional right-of-way (or easements) required to construct these
improvements. In the event the developer is unable to acquire the ?off-site? right-
of-way that is necessary for the road improvements described in thisProffered
Condition, the developer may request, in writing, that the County acquire such
right-of-way as a public road improvement. All costs associated with the
acquisition of the right-of-way shall be borne by the developer. In the event the
County chooses not to assist the developer in acquisition of the ?off-site? right-of-
way, the developer shall be relieved of the obligation to acquire the ?off-site?
right-of-way and shall provide the road improvements within available right-of-
way as determined by the Transportation Department.
7273
11.Phasing. Phasing of development shall be as follows:
74
a.prior to issuance of a building permit for more than a cumulative total of
200,000 square feet of office/retail uses or equivalent density, the
improvements identified in Proffered Conditions 10.a. through h, and 10.k.(i)
and (ii) (if warranted) shall be completed, as determined by the
75
Transportation Department;
6 07SN0157-OCT24-BOS-RPT
76
prior to issuance of a
b.Prior to any construction plan approval, a phasing plan for
building permit for more than a cumulative total of 500,000 square feet of
77
office/retail uses or equivalent density,
the improvements identified in
7879
Conditions 10.i. and 10.j.
ProfferedCondition 8 shall be submitted to and
80818283
completed, as determined;
approved by the Transportation Department.
84
c.prior to issuance of a building permit for more than a cumulative total of
office/retail uses in excess of 500,000 square feet or equivalent density, the
improvements identified in Proffered Condition 10.k.(iii) (if warranted) shall
85
be completed, as determined by the Transportation Department;
86
d.with the initial phase of development, the improvements identified in
Proffered Condition 10.e. for Otterdale Road to the water tank site; and
thereafter to the westerly Property line in conjunction with the road being
87
extended by others connecting to Magnolia Green;
88
e.the improvements identified in Proffered Condition 10.l. in phases
consistent with development of Parcels B and C; and thereafter to the
westerly Property line in conjunction with the road being extended by others
89
connecting to Magnolia Green;
90
f.the improvements identified in Proffered Condition 10.m. as and when the
necessary warrants and all approvals for the improvement identified in
91
Proffered Condition 10.k.(ii) have been obtained; and
92
g.the improvements identified in Proffered Condition 10.n. on the later to
occur of (i) as and when the necessary warrants and all approvals for the
improvement identified in Proffered Condition 10.k.(ii) have been obtained,
or (ii) issuance of building permitsfor more than a cumulative total of
93
500,000 square feet or equivalent density.
94
12.There shall be no certificates of occupancy issued on the Property before March 1,
95
2010.
APPLICABLE TO PARCEL A
96
13.
9.Density. The aggregate density on Parcel A shall not exceed five hundred (500)
dwelling units.
97
14.
10.Schematic Plan. A schematic plan shall be submitted for Parcel A if a mixture of
residential and non-residential uses is proposed.
98
15.
11.Dwelling Unit.
a.Any dwelling units located on Parcel A shall be age-restricted.
7 07SN0157-OCT24-BOS-RPT
b.Any multifamily dwelling units developed on Parcel A shall be developed in
accordance with the requirements of the Zoning Ordinance for Residential
Multifamily (R-MF) except as follows:
i.The minimum parcel size shall be ten (10) acres. The development?s
density shall not exceed twenty (20) dwelling units per gross acre.
ii.There shall be no limitation on the number of dwelling units permitted on
any one floor level of a building.
iii.No minimum recreation area is required; however, amenities such as
benches, gazebos, fountains, pocket parks and walking trails shall be
provided.
99
16.
12.Cash Proffers. The applicant, subdivider, or assignee(s) shall pay the following to
the County of Chesterfield, prior to the issuance of a building permit, for infrastructure
improvements within the service district for the Property, $10,269.00 per dwelling unit, if
paid prior to July 1, 2007, or the amount approved by the Board of Supervisors, not to
exceed $10,269.00 per dwelling unit as adjusted upward by any increase in the Marshall
and Swift Building Cost Index between July 1, 2006 and July 1 of the fiscal year in which
the payment is made if paid after June 30, 2007. At the time of payment, the $10,269.00
will be allocated pro-rata among the facility costs as follows: $602.00 for parks and
recreation, $348.00 for library facilities, $8,915 for roads, and $404 for fire stations.
Payments in excess of $10,269.00 shall be prorated as set forth above.
If, upon the mutual agreement of the Transportation Department and the developer, the
developer provides road improvements (the ?Improvements?), other than those road
100101
10,
improvements identified in Proffered Condition 8, then the transportation
component in this Proffered Condition shall be reduced by an amount not to exceed the
cost to construct the Improvements as determined by the Transportation Department.
Thereafter, the developer shall pay the balance of the transportation component as set
forth in this Proffered Condition. For the purposes of this Proffered Condition, the costs,
as approved by the Transportation Department,shall include, but not be limited to, the
cost of right-of-way acquisition, engineering costs, costs of relocating utilities and actual
costs of construction (including labor, materials, and overhead) (?Work?). Before any
Work is performed, the applicant shall receive prior written approval by the
Transportation Department for any credit.
Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted
by law.
Should Chesterfield County impose impact fees at any time during the life of the
development that are applicable to the property, the amount paid in cash proffers shall be
in lieu of or credited toward, but not in addition to, any impact fees, in a manner as
determined by the county.
8 07SN0157-OCT24-BOS-RPT
APPLICABLE TO PARCELS B AND C
102
17.
13.Master Plan. The Textual Statement dated June 15, 2007, shall be the Master Plan.
103
18.
14.Public Roads. All roads that accommodate general traffic circulation through the
residential development, as determinedby the Transportation Department, shall be
designed and constructed to VDOT standards and taken into the State System.
104
19.
15.Overall Density. The aggregate density on the Property developed for residential
purposes shall not exceed two (2) units per gross acre.
105
20.
16.Cash Proffers. The applicant, subdivider, or assignee(s) shall pay the following to
the County of Chesterfield, prior to the issuance of a building permit, for infrastructure
improvements within the service district for the Property:
a.$15,600 per dwelling unit, if paid prior to July 1, 2007; or the amount approved
by the Board of Supervisors not to exceed $15,600 per dwelling unit adjusted
upward by any increase in the Marshall and Swift Building Cost Index between
July 1, 2006 and July 1 of the fiscal year in which the payment is made if paid
after June 30, 2007.
b.Provided, however, that if any building permits issued on the property are for
senior housing as defined in the proffer on age-restriction, the applicant, sub-
divider, or assignee(s) shall pay, $10,269.00 per dwelling unit if paid prior to July
1, 2007, or the amount approved by the Board of Supervisors, not to exceed
$10,269.00 per dwelling unit as adjusted upward by any increase in the Marshall
and Swift Building Cost Index between July 1, 2006 and July 1 of the fiscal year
in which the payment is made if paid after June 30, 2007. At the time of payment,
the $10,269.00 will be allocated pro-rataamong the facility costs as follows:
$602.00 for parks and recreation, $348.00 for library facilities, $8,915.00 for
roads, and $404 for fire stations.Payments in excess of $10,269.00 shall be
prorated as set forth above.
c.If, upon the mutual agreement of the Transportation Department and the
developer, the developer provides the Improvements, other than those road
106107
10
improvements identified in Proffered Condition8, then the transportation
component in this Proffered Condition shall be reduced by an amount not to
exceed the cost to construct the Improvements as determined by the
Transportation Department. Thereafter, the developer shall pay the balance of the
transportation component as set forth in this Proffered Condition. For the
purposes of this Proffered Condition, the costs, as approved by the Transportation
Department, shall include, but not be limitedto, the cost of the Work. Before any
Work is performed, the applicant shall receive prior written approval by the
Transportation Department for any credit.
Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted
by law.
9 07SN0157-OCT24-BOS-RPT
108
Should Chesterfield County impose impactfees at any time during the life of the
development that are applicable to the property, the amount paid in cash proffers shall be
in lieu of or credited toward, but not in addition to, any impact fees, in a manner as
determined by the county.
GENERAL INFORMATION
Location:
North line of Hull Street Road, west line of Otterdale Road, and located in the northwest
quadrant of the intersection of theseroads. Tax ID710-670-5596.
Existing Zoning:
A and C-5
Size:
178.0 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North ? A; Single family residential or vacant
South ? C-3 and I-1 with Conditional Use Planned Development, and A; Single family
residential or vacant
East - R-12, R-MF, and C-3; Single family residential or vacant
West - I-1 and R-9 with ConditionalUse Planned Development, and A; Vacant
UTILITIES
Public Water System:
There is an existing twenty-four (24) inch water line located along the north side of Hull
Street Road which presently terminatesat Fox Club Parkway, approximately 2,800 feet
east of the request site. A twelve (12) inch water line is under construction along Fox
Creek Crossing as part of the Fox Creek development, and when completed, will
terminate adjacent to the northern boundary of the request site. The use of the public
water system is recommended (Proffered Condition 1). The County?s Water and
Wastewater Facilities Plan calls for the extension of the twenty-four (24) inch water line
along Hull Street Road to Otterdale Road. From Otterdale Road that water line will
continue west, but it will increase to thirty (30) inches. TheWater and Wastewater
Facilities Plan also calls for the extension of a sixteen (16) inch water line along
10 07SN0157-OCT24-BOS-RPT
Otterdale Road. The applicanthas proffered to construct the twenty-four (24) water line
along Hull Street Road to Otterdale Road, the thirty (30) inch water line fromOtterdale
Road approximately 1,500 feet west, and the sixteen (16) inch water line along Otterdale
Road from Hull Street Road to Fox Creek Crossingunless those water lines have been
constructed by others prior to issuance of the first building permit for the request site.
(Proffered Condition 5)
The Utilities Department has analyzed future water demand requirements for the western
Hull Street Road corridor, and has determined that two water storage tanks will be
needed in this area. The existing topography of the immediate area suggests that a site
within the request site would be a suitable location for one of these tanks. The applicant
has proffered the dedication of a 3.0 acre site adjacent to the southwest corner of the
request site, and to grant temporary access to the site should the County proceed with
construction of the water tank prior to completion of the internal road network for the
request site (Proffered Condition 4). The use of an elevated water tank has been
incorporated into the allowable uses under this zoning case.
Public Wastewater System:
The request site is within the service area of the West Branch Trunk Sewer. This
wastewater line currently terminates as an eighteen (18) inch line adjacent to Fox Haven
Lane in the Foxcroft subdivision. With development of the Fox Creek subdivision, this
wastewater line will be extended as a twelve (12) inch line to Otterdale Road. The use of
the public wastewater system is recommended (Proffered Condition 1). Given that this
property and several adjacent properties represent the most upstream land within the
service area of the West Creek Trunk Sewer, it is extremely important that the on-site
wastewater collection system for the request site be designed, and that easements are
dedicated to provide direct public wastewater system access to adjacent properties. The
applicant has proffered to submit a plan for the on-site wastewater collection system for
the request site showing easements and access points for adjacent properties. (Proffered
Condition 6)
ENVIRONMENTAL
Drainage and Erosion:
The property is the headwatersto West Branch. West Branch is a tributary to Swift Creek
Reservoir. There are currently no known on- or off-site erosion problems and there are no
known onsite drainage problems, however, the culverts under Otterdale Road appear to be
inadequate. The property is adjacent to approximately 3,500 feet of Otterdale Road where
several of the pipes are located. Proffered Condition 7 requires that either water be retained
on-site or the capacity of the culverts increased, or a combination of the two, so that the road
does not flood on a 10 year storm with full development.
Portions of the property are wooded and, as such, should not be timbered without obtaining
a land disturbance permit from the Departmentof Environmental Engineering. This will
11 07SN0157-OCT24-BOS-RPT
insure that adequate erosion control measures are in place prior to any land disturbance.
(Proffered Condition 2)
Water Quality:
With the adoption of the amendedUpper Swift Creek Plan, a goal was adopted that
residential developers address the impact of their development on water quality.
Such conditions could include (i) implementingphosphorus loading standards that are more
restrictive than the standards of the Zoning Ordinance; (ii) implementing more restrictive
requirements for zoned but undeveloped land if notified by the Director of Environmental
Engineering that the water quality of Swift Creek Reservoir has reached a median level that
exceeds .04 mg/l in-lake phosphorus for two consecutive years, or exceeds other applicable
water quality standards; and/or (iii) implementing other measures approved by the Director
of Environmental Engineering to address the impact of development on water quality in the
Upper Swift Creek Watershed.
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities in this area is identified in the
County?s adopted Public Facilities Plan,Thoroughfare Plan and adopted Capital Improvement
Program and further detailed by specific departments in the applicable sections of this request
analysis. The residential portion of this development will have an impact on these facilities.
Fire Service:
ThePublic Facilities Plan indicates that fire and emergency medical service (EMS) calls
are expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6)
new fire/rescue stations are recommended for construction by 2022 in the Plan. In
addition to the six new stations, the Plan also recommends the expansion of five (5)
existing stations. Based on 642 dwelling units, this request will generate approximately
seventy-three (73) calls for fire and emergency medical service each year. The applicant
has addressed the impact on fire and EMS. (Proffered Conditions 16 and 20)
The Clover Hill Fire Station, Company Number 7 and the Manchester Volunteer Rescue
Squad currently provide fire protection and emergency medical service. When the
property is developed, the number of hydrants, quantity of water needed for fire
protection, and access requirements will be evaluated during the plans review process.
Schools:
Approximately seventy-five (75) (Elementary: 33, Middle: 18 High: 24) students will
be generated by the non-age-restricted portion of this development. Currently this site
lies in the Grange Hall Elementary School attendance zone: capacity - 851, enrollment ?
925; Swift Creek Middle School zone: capacity - 1,027, enrollment - 1,455; and Cosby
High School zone: capacity ? 1,750, enrollment ? 1,212. The enrollment is based on
12 07SN0157-OCT24-BOS-RPT
September 29, 2006 and the capacity is as of 2006-2007. This request will have an
impact on the elementary and middle schools involved. There are currently four (4)
trailers at Grange Hall Elementary and seventeen (17) at Swift Creek Middle.
The new Winterpock Elementary School is scheduled to open this fall and Tomahawk
Creek Middle School is scheduled to open in 2008. The new elementary school will
provide relief for Grange Hall Elementary and Spring Run Elementary and the new
middle school will provide relief for schools in this area of the county. This area of the
county continues to experience growth and these schools, will provide much needed
space. This case, combined with other tentative residential developments and zoning
cases in the zones, would continue to push these schools to capacity. This case could
necessitate some form of relief in the future. The applicant has addressed the impact of
the development on schools. (Proffered Condition 20)
Libraries:
Consistent with Board of Supervisors? policy, the impact of development on library
services is assessed County-wide. Based on projected population growth, the Public
Facilities Plan identifies a need for additional library space throughout the County.
Development of the property noted in this case could affect the Clover Hill Library, a
proposed new library in the vicinity of Beach and Winterpock roads, or a proposed new
library in the vicinity of the Powhite Parkway and Genito Road. The need for the two (2)
new libraries is identified in thePlan. The applicant has addressed the impact of the
development on libraries. (Proffered Conditions 16 and 20)
Parks:
ThePublic Facilities Plan identifies the need for three (3) new regional parks, seven (7)
community parks, twenty-nine (29) neighborhood parks and five (5) community centers
by 2020. In addition, the Public Facilities Plan identifies the need for ten (10) new or
expanded special purpose parks to provide water access or preserve and interpret unique
recreational, cultural or environmental resources. The Plan identifies shortfalls in trails
and recreational historic sites.
The applicant has offered measures to address the impact of this proposed development
on the infrastructure needs of Parks and Recreation. (Proffered Conditions 16 and 20)
Transportation:
Analysis as Presented to the Planning Commission
The majority of the property (178 acres) is zoned Agricultural (A), and the applicant is
requesting rezoning to Community Business (C-3) with Conditional Use on seventy-one
(71) acres to permit multifamily and townhouse uses. In accordance with the Zoning
Ordinance, a traffic analysis is necessary to assist in evaluating the impact of a
13 07SN0157-OCT24-BOS-RPT
development of this magnitude. The applicant submitted a traffic impact analysis (TIA),
based on an approved Scope of Study, on August 22, 2007. Staff is currently reviewing
that information. The TIA assumes a proposed development of 900,000 square feet of
shopping center and 130 single-family units, which could generate approximately 29,650
average daily trips (approximately 690 of these trips will occur in the morning peak hour
and approximately 2,810 trips will occur in the evening peak hour).
The amount of retail that is planned for the property is comparable to Westchester
Commons (approximately 869,000 square feet of retail) that is currently being
constructed at the Watkins Centre, and the existing Chesterfield Towne Center
(consisting of approximately 1,035,000 square feet). This proposed development would
not only have a significant impact on the roads adjacent to and in the immediate vicinity
of the site, but would also have a dramaticimpact on the surrounding area road network.
Most of the two lane roads in this part ofthe county, such as Otterdale Road, Woolridge
Road, Duval Road, Baldwin Creek Road, Beach Road and Winterpock Road, have
narrow pavement with no shoulders, substandard horizontal and vertical curves, and large
trees located close to the edge of pavement. Most of these two-lane roads will need to be
reconstructed and some may need to be widened to four lanes. In addition, Hull Street
Road (Route 360) will need to be widened to six and possibly eight lanes. It is very
questionable that traffic generated by a development of this size on the property could be
accommodated, especially at the intersection of Hull Street Road and Otterdale Road,
which will probably function at an unacceptable Level of Service.
TheThoroughfare Plan identifies Route 360 and Otterdale Road as major arterials. Route
360 has a recommended right-of-way width of 120 to 200 feet, and Otterdale Road has a
recommended right-of-way width of ninety (90) feet. The Thoroughfare Plan also
identifies a proposed east/west major arterial with a recommended right of way width of
ninety (90) feet, extending from Otterdale Road eastward through the property. Rights-
of-way should be dedicated in accordance with thatPlan.
In June 2007, the applicant submitted transportation related proffers that would require
minimal road improvements (turn lanes and traffic signalization). Those proffers are
significantly inadequate in addressing the impact of such a large development. The
applicant submitted revised transportation proffers on September 5, 2007, which Staff has
not reviewed. The Transportation Department cannot support this request.
Analysis to the Board of Supervisors Based upon the Proffers submitted subsequent to
the Commission?s consideration of this Case
As noted in the Planning Commission report, revised transportation proffers were
submitted on September 5, 2007. On September 28, 2007, after the Planning Commission
public hearing on this case, another set of revised proffers were submitted. These latest
set of proffers still do not address the impactof this proposed development, and therefore,
the Transportation Department cannot support this request.
14 07SN0157-OCT24-BOS-RPT
A number of the proffers are not clear and may be difficult to enforce. Some of the
deficiencies in the proffers are as follows:
No maximum density condition for the overall development.
The proposed full access to Route 360 is not at an acceptable distance from the
Otterdale Road/Route 360 intersection.
The proposed lane widening along Route 360 is insufficient. An additional lane
should also be provided in the eastbound direction.
The four-lane widening of Otterdale Road and Woolridge Road is anticipated to
be completed, but is not guaranteed, prior to development occurring.
No road improvements are required until development of more than 200,000
square feet of office/retail.
Minimal road improvements (i.e., turn lanes and traffic signals, if warranted) are
required with development of up to 500,000 square feet of office/retail.
The East/West Arterial will not be completed within the property until the road is
constructed from the property to the Magnolia Green Development.
No access limitation or turn lanes required along the East/West Arterial.
No turn lanes along Otterdale Road are required at northernmost access.
No right turn lane along Route 360 is required for the proposed access located
midway of the property frontage.
At some intersections, the numbers of turn lanes and turn lane storage lengths are
inadequate.
It also should be noted that a traffic impact analysis was submitted for this development,
and on September 14, 2007 staff requested some minor revisions to that analysis. To date,
the requested traffic information has not been submitted.
The Virginia Department of Transportation?s (VDOT) ?Chapter 527? regulations, dealing
with development Traffic Impact Study requirements, have recently been enacted. Staff
has been meeting with VDOT to attempt to understand the process and the impact of the
regulations. At this time, it is uncertain what impact VDOT?s regulations will have on
the development process or upon zonings approved by the county
.
15 07SN0157-OCT24-BOS-RPT
Financial Impact on Capital Facilities:
PERUNIT
Potential Number of New Dwelling Units 642*1.00
Population Increase 1746.242.72
Number of New Students
Elementary33.090.23
Middle 18.460.13
High 24.000.17
TOTAL75.540.53
Net Cost for Schools $3,433,416$5,348
Net Cost for Parks 387,768604
Net Cost for Libraries 224,058349
Net Cost for Fire Stations 260,010405
Average Net Cost for Roads 5,740,7648,942
TOTAL NET COST $10,046,016$15,648
* Based on a proffered maximum of 500 age-restricted dwelling units on Parcel A and a
proffered maximum of two (2) dwelling units per acre on Parcels B and C (Proffered Conditions
9, 11.a and 15). The actual number of dwelling units and corresponding impact may vary.
As noted, this proposed development will have an impact on capital facilities. Staff has calculated
the fiscal impact of every new dwelling unit on schools, roads, parks, libraries, and fire stations at
$15,648 per unit. The applicant has been advised that a maximum profferof $15,600 per unit
would defray the cost of the capital facilities necessitated by this proposed development. The
applicant has been further advised that a maximum proffer of $10,269 per unit would defray the
cost of developing the age-restricted portion of the development, as it would have no increased
impact on school facilities. Consistent with the Board of Supervisors' policy, and proffers accepted
from other applicants, the applicant has offered cash and road improvementsto assist in defraying
the cost of this proposed zoning on such capital facilities. (Proffered Conditions 16 and 20)
Note that circumstances relevant to this case, aspresented by the applicant, have been reviewed and
it has been determined that it is appropriate to accept the maximumcash proffer in this case.
16 07SN0157-OCT24-BOS-RPT
LAND USE
Comprehensive Plan:
Lies within the boundaries of theUpper Swift Creek Plan which suggests that the property
is appropriate for Regional Mixed Use.
Area Development Trends:
Properties to the north are zoned Agricultural (A) and are occupied by single family
dwellings. Properties to the south are zoned Agricultural (A), Community Business (C-3)
and Light Industrial (I-1) and are occupied by a single family residence or remain vacant.
Properties to the east are zoned R-12, R-MF and C-3 and are developed as the Foxcreek
Subdivision or are vacant. Properties to thewest are zoned R-9 as part of the Magnolia
Green development, I-1 and A and are vacant. It is anticipated that a mixture of residential,
office, commercial and light industrial uses will continue in this area around the Otterdale
Road intersection, consistent with thePlan.
Site Design:
The property is proposed for a mix of commercial and residential uses, to include
multifamily, cluster and townhouse uses. The property is divided into three (3) development
parcels as depicted on the attached exhibit. Uses and development standards for each of
these parcels are described herein.
Uses and Special Development Standards: Specific Parcels:
Parcel A:
Parcel A, consisting of approximately 107 acres, is located at the northwest quadrant
of Hull Street and Otterdale Roads. Within Parcel A, those uses permitted by right
or with restrictions in the Community Business (C-3) District would be permitted.
Development of these C-3 uses must comply with the requirements of the Zoning
Ordinance for Community Business (C-3) uses in an Emerging Growth District.
In addition, a maximum of500 age-restricted multifamily dwellings would be
permitted within Parcel A. Any multifamily development would comply with the
requirements of the Zoning Ordinance for Residential Multifamily (R-MF) Districts,
except for minimumparcel size, maximum dwellingunits per floor and minimum
recreational provisions. (Proffered Conditions 13 and 15)
Should a mix of residential and non-residential uses be developed on Parcel A,
schematic plan approval would be required. (Proffered Condition 14)
17 07SN0157-OCT24-BOS-RPT
Parcel B:
Parcel B, consisting of approximately sixty-five (65) acres, is located north of the
creek line. Within Parcel B, uses are limited to cluster residential and townhouse
uses. Should a mix of these residential uses occur, a conceptual plan addressing land
use transitions and compatibility would be submitted for Planning Commission or
Planning Department review and approval (Textual Statement 9). Density would
not exceed two (2) dwelling units per acre, yielding approximately 130 units.
(Proffered Condition 19)
Development for townhome uses would comply with the requirements of the Zoning
Ordinance for Residential Townhouse (R-TH) development. Development for
cluster residential uses would comply with standards identified in the Textual
Statement which address lot size, setbacks, sidewalks, buffers, driveways, focal
point, garages and street trees. (Textual Statement 1 through 8)
Parcel C:
Parcel C, consisting of approximately six(6) acres, is located north of the creek,
adjacent to Otterdale Road.Within Parcel C, uses are limited to either 1) cluster
residential and/or townhome or 2) uses permitted by right or with restrictions in the
Neighborhood Business (C-2) District. (Textual Statement 10)
Development of Parcel C for cluster residential or townhomes would require the
same standards as referenced in Parcel B, yielding an additional twelve (12)
dwelling units.
Development of Parcel C for C-2 uses would require compliance with the
requirements of the Zoning Ordinance forNeighborhood Business (C-2) Districts
within Emerging Growth DistrictArea (Textual Statement 11).
Age Restriction:
Proffered Condition 3, in combination with Proffered Conditions 15.a. and 20.b., either
require (Parcel A ? Multifamily) or providefor the option (Parcels B and C ?Cluster and
Townhome) of limiting occupancy of the proposed dwellingunits to ?housing for older
persons? as defined in the Virginia Fair Housing Law. While during the initial marketing of
the project his restriction may be clear to prospective occupants, there is a risk that long-
term, dwelling units may be sold or rentedto individuals that do not meet this age-
restriction. Given staff?s inability to pro-actively enforce this condition prior to the purchase
and occupancy of dwelling units, staff recommends that these proffers not be accepted.
18 07SN0157-OCT24-BOS-RPT
CONCLUSION
While the proposed zoning and land uses comply with the Upper Swift Creek Plan which
suggests the property is appropriate for regional mixed use the proffered conditions are
insufficient in addressing the traffic impact of this request, as discussed herein. Further, the
proposal fails to address the goals of the Plan relating to water quality.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (2/20/07):
On motion of Mr. Bass, seconded by Mr. Gulley, the Commission deferred this case to May
15, 2007, sixty (60) days at the applicant?s request and thirty (30) days on the Commission?s
own motion.
Staff (2/22/07):
The applicant was advised in writing that any significant, new or revised information should
be submitted no later than March 12, 2007, for consideration at the Commission?s May
public hearing. The applicant was also advised that a $250.00 deferral fee was due.
Applicant (4/16/07):
Revised proffered conditions and textual statement were submitted.
Staff (5/14/07):
The deferral fee was paid.
Planning Commission Meeting (5/15/07):
On their own motion, the Commission deferred this case to their July 17, 2007, meeting.
19 07SN0157-OCT24-BOS-RPT
Staff (5/16/07):
The applicant was advised in writing that any significant, new or revised information should
be submitted no later than May21, 2007, for consideration at the Commission?s July public
hearing.
Applicant (6/18/07):
Revised proffered conditions and textual statement were submitted.
Planning Commission Meeting (7/17/07):
At the request of the applicant, the Commission deferred this case to their August 21, 2007,
meeting.
Staff (7/18/07):
The applicant was advised in writing that any significant, new or revised information should
be submitted no later than July 23, 2007, for consideration at the Commission?s August,
2007, public hearing. In addition, the applicant was advised that a $230.00 deferral fee
must be paid prior to the Commission?s public hearing.
Applicant (7/19/07):
The application was amended to include a Conditional Use for an above-ground utility
structure (water storage tank).
Staff (8/1/07):
To date, the deferral fee has not been paid.
Applicant (8/17/07):
The deferral fee was paid.
______________________________________________________________________________
Planning Commission Meeting (8/21/07):
20 07SN0157-OCT24-BOS-RPT
At the request of the applicant, the Commission deferred this case to their September 18,
2007, meeting.
______________________________________________________________________________
Staff (8/22/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than August 27, 2007, for consideration at the Commission?s
September 18, 2007, public hearing. In addition, the applicant was advised that a
$230.00 deferral fee must be paid prior to the Commission?s public hearing.
______________________________________________________________________________
Applicant (8/22/07):
A traffic impact analysis was submitted.
______________________________________________________________________________
Applicant (9/5/07):
Revised proffered conditions were submitted.
______________________________________________________________________________
Applicant (9/17/07):
The deferral fee was paid.
______________________________________________________________________________
Planning Commission Meeting (9/18/07):
The applicant did not accept the recommendation. There was no opposition present.
There was a general discussion that the case was not in a position to be considered by the
Commission given that the transportation issues had not been thoroughly evaluated and
the fact that the latest proffers had not been evaluated.
Mr. Wilson indicated that it would be preferable for the case to be deferred; however, the
Commissioner?s time limit had expired and the applicant was unwilling to seek a deferral.
On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended denial.
AYES: Messrs. Gecker, Gulley and Bass.
ABSTENTIONS: Messrs. Litton and Wilson.
______________________________________________________________________________
21 07SN0157-OCT24-BOS-RPT
Applicant (9/28/07):
Revised proffered conditions were submitted.
The Board of Supervisors, on Wednesday, October 24, 2007, beginning at 6:30 p.m., will take
under consideration this request.
22 07SN0157-OCT24-BOS-RPT
PROFFERED CONDITIONS AS CONSIDERED BY THE PLANNING COMMISSION AND
AS EVALUATED BY STAFF FOR THE PLANNING COMMISSION
APPLICABLE TO ALL
1.Utilities. The public water and wastewater systems shall be utilized. (U)
2.Timbering. Except for the timbering approved by the Virginia State Department
of Forestry for the purpose of removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance permit has been obtained from
the Environmental Engineering Department and the approved devices have been
installed. (EE)
3.Age Restriction. Except as otherwise prohibited by the Virginia Fair Housing
Law, the Federal Fair Housing Act, and such other applicable federal, state or
local legal requirements, dwelling units designed as age-restricted shall be
restricted to ?housing for older persons? as defined in the Virginia Fair Housing
Law and no persons under 19 years of age shall reside therein. Any lots for age-
restricted dwelling units shall be groupedtogether on a particular portion of the
Property and shall not be scattered among other residential units. At the time of
recordation of a subdivision plat or the approval of any site plan, the lots shall be
noted as age-restricted. Any site plan for age-restricted dwelling units shall also
note the restriction. Tothe extent a subdivision plat is not required, the age
restriction shall be recordedas a restrictive covenant prior to site plan approval.
(B&M)
4.Water Storage Tank. The Developer shall dedicate to the County, within one
hundred eighty (180) calendar days of a written request by the County or prior to
receiving site plan approval, whichever occurs first, a three (3.0) acre site for a
future water storage tank. The site shallbe in a location acceptable to the Utilities
Department, but generally in the southwest corner area of the request site,
adjacent to parcels Tax ID 709-669-5927 and Tax ID 710-669-5200, have direct
permanent public road access via the internal road network for the development.
The Developer shall also dedicate a temporary ingress/egress easement adjacent
to the northern property line of parcel Tax ID 710-669-5200, and adjacent to the
northern and eastern property line of parcel Tax ID 711-669-2024 or at such other
location as is mutually acceptable to the Developer and the County, for use by the
County should the County proceed with construction of a water tank prior to
completion of the internal road network for the development. At such time as the
permanent access is established, the temporary ingress/egress easement will be
vacated. (U)
5.Water Lines. The Developer shall be responsible for the construction of the
following water lines, unless said water lines are completed by others prior to
issuance of the first building permit for the request site:
23 07SN0157-OCT24-BOS-RPT
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a.a twenty-four (24) inch water line along Hull Street Road, from Fox Club
Parkway to Otterdale Road;
b.a thirty (30) inch water line along Hull Street Road, from Otterdale Road
to the westernmost extent of the request site?s frontage on Hull Street
Road; and
c.a sixteen (16) inch water line along Otterdale Road, from Hull Street Road
to Foxcreek Crossing. (U)
6.On-Site Wastewater Plan. Prior to approval of the first tentative subdivision or
site plan for the request site, the Developer shall submit to the Utilities
Department a plan for the on-site wastewater collection system for the request site
identifying future easements and access points for all properties bordering the
southern and western boundaries of the request site. (U)
7.Culverts. Storm water shall be retained on site and/or the capacity of the drainage
culverts under Otterdale Road shall be increased (unless provided by others) so
that Otterdale Road does not flood in a 10 year storm event with full
development. (EE)
8.Transportation.
a.To the extent not provided by others, the developer shall be responsible
for:
i.the construction of dual southbound left and separate southbound
right turn lanes on Otterdale Road at Route 360, based on
Transportation Department standards;
ii.the construction of a northbound right turn lane onto Otterdale
Road at Woolridge Road, based on Transportation Department
standards;
iii.the construction of northbound left turn and southbound right turn
lanes on Otterdale Road at the two site entrances, based on
Transportation Department standards;
iv.the construction of dual eastbound left turn lanes on Route 360 at
the site entrance, based on Transportation Department standards;
v.the full cost of traffic signalization, if warranted as determined by
the Transportation Department, of the
1.Route 360/Otterdale Road intersection;
2.Route 360 and the site entrance; and
24 07SN0157-OCT24-BOS-RPT
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3.Otterdale Road and north site entrance.
vi.dedication, free and unrestricted to and for the benefit of
Chesterfield County, of any additional right-of-way (or easements)
required to construct these improvements. In the event the
developer is unable to acquire the ?off-site? right-of-way that is
necessary for the road improvements described in thisProffered
Condition, the developer may request, in writing, that the County
acquire such right-of-way as a public road improvement. All costs
associated with the acquisition of the right-of-way shall be borne
by the developer. In the event the County chooses not to assist the
developer in acquisition of the ?off-site? right-of-way, the
developer shall be relieved of the obligation to acquire the ?off-
site? right-of-way and shall provide the road improvements within
available right-of-way as determined by the Transportation
Department.
b.Prior to any construction plan approval, a phasing plan for the
improvements identified in Proffered Condition 8 shall be submitted to
and approved by the Transportation Department. (T)
APPLICABLE TO PARCEL A
9.Density. The aggregate density on Parcel A shall not exceed five hundred (500)
dwelling units. (P)
10.Schematic Plan. A schematic plan shall be submitted for Parcel A if a mixture of
residential and non-residential uses is proposed. (P)
11.Dwelling Unit.
a.Any dwelling units located on Parcel A shall be age-restricted.
b.Any multifamily dwelling units developed on Parcel A shall be developed
in accordance with the requirements of the Zoning Ordinance for
Residential Multifamily (R-MF) except as follows:
i.The minimum parcel size shall be ten (10) acres. The
development?s density shall not exceed twenty (20) dwelling units
per gross acre.
ii.There shall be no limitation on the number of dwelling units
permitted on any one floor level of a building.
iii.No minimum recreation area is required; however, amenities such
as benches, gazebos, fountains, pocket parks and walking trails
shall be provided. (P)
25 07SN0157-OCT24-BOS-RPT
This page is blank.
12.Cash Proffers. The applicant, subdivider, or assignee(s) shall pay the following to
the County of Chesterfield, prior to the issuance of a building permit, for
infrastructure improvements within the service district for the Property,
$10,269.00 per dwelling unit, if paid prior to July 1, 2007, or the amount
approved by the Board of Supervisors, not to exceed $10,269.00 per dwelling unit
as adjusted upward by any increase in the Marshall and Swift Building Cost Index
between July 1, 2006 and July 1 of the fiscal year in which the payment is made if
paid after June 30, 2007. At the time of payment, the $10,269.00 will be allocated
pro-rata among the facility costs as follows: $602.00 for parks and recreation,
$348.00 for library facilities, $8,915 for roads, and $404 for fire stations.
Payments in excess of $10,269.00 shall be prorated as set forth above.
If, upon the mutual agreement of the Transportation Department and the
developer, the developer provides road improvements (the ?Improvements?),
other than those road improvements identified in Proffered Condition 8, then the
transportation component in this Proffered Condition shall be reduced by an
amount not to exceed the cost to construct the Improvements as determined by the
Transportation Department. Thereafter, the developer shall pay the balance of the
transportation component as set forth in this Proffered Condition. For the
purposes of this Proffered Condition, the costs, as approved by the Transportation
Department, shall include, but not be limited to, the cost of right-of-way
acquisition, engineering costs, costs of relocating utilities and actual costs of
construction (including labor, materials, and overhead) (?Work?). Before any
Work is performed, the applicant shall receive prior written approval by the
Transportation Department for any credit.
Cash proffer payments shall be spent for the purposes proffered or as otherwise
permitted by law.
Should Chesterfield County impose impact fees at any time during the life of the
development that are applicable to the property, the amount paid in cash proffers
shall be in lieu of or credited toward, but not in addition to, any impact fees, in a
manner as determined by the county. (B & M)
APPLICABLE TO PARCELS B AND C
13.Master Plan. The Textual Statement dated June 15, 2007, shall be the Master
Plan. (P)
14.Public Roads. All roads that accommodate general traffic circulation through the
residential development, as determined by the Transportation Department, shall
be designed and constructed to VDOT standards and taken into the State System.
(T)
15.Overall Density. The aggregate density on the Property developed for residential
purposes shall not exceed two (2) units per gross acre. (P)
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16.Cash Proffers. The applicant, subdivider, or assignee(s) shall pay the following to
the County of Chesterfield, prior to the issuance of a building permit, for
infrastructure improvements within the service district for the Property:
a.$15,600 per dwelling unit, if paid prior to July 1, 2007; or the amount
approved by the Board of Supervisors not to exceed $15,600 per dwelling
unit adjusted upward by any increase in the Marshall and Swift Building
Cost Index between July 1, 2006 and July 1 of the fiscal year in which the
payment is made if paid after June 30, 2007.
b.Provided, however, that if any building permits issued on the property are
for senior housing as defined in the proffer on age-restriction, the
applicant, sub-divider, or assignee(s) shall pay, $10,269.00 per dwelling
unit if paid prior to July 1, 2007, or the amount approved by the Board of
Supervisors, not to exceed $10,269.00per dwelling unit as adjusted
upward by any increase in the Marshall and Swift Building Cost Index
between July 1, 2006 and July 1 of the fiscal year in which the payment is
made if paid after June 30, 2007.At the time of payment, the $10,269.00
will be allocated pro-rata among the facility costs as follows: $602.00 for
parks and recreation, $348.00 for library facilities, $8,915.00 for roads,
and $404 for fire stations. Payments in excess of $10,269.00 shall be
prorated as set forth above.
c.If, upon the mutual agreement of the Transportation Department and the
developer, the developer provides the Improvements, other than those road
improvements identified in Proffered Condition 8, then the transportation
component in this Proffered Condition shall be reduced by an amount not
to exceed the cost to construct the Improvements as determined by the
Transportation Department. Thereafter, the developer shall pay the
balance of the transportation component as set forth in this Proffered
Condition. For the purposes of this Proffered Condition, the costs, as
approved by the Transportation Department, shall include, but not be
limited to, the cost of the Work.Before any Work is performed, the
applicant shall receive prior written approval by the Transportation
Department for any credit. (B & M)
Cash proffer payments shall be spent for the purposes proffered or as otherwise
permitted by law.
Should Chesterfield County impose impact fees at any time during the life of the
development that are applicable to the property, the amount paid in cash proffers
shall be in lieu of or credited toward, but not in addition to, any impact fees, in a
manner as determined by the county. (B&M)
27 07SN0157-OCT24-BOS-RPT
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SECOND AMENDED AND RESTATED
TEXTUAL STATEMENT
June 15, 2007
This is a request to rezone approximately71 acres of the Property (Part of Tax ID 710-
670-5596) under consideration to R-TH with a Conditional Use Planned Development (CUPD)
that will permit development of a mixed use, planned community including cluster homes.
Except as qualified herein, uses permitted in the Residential Townhouse (R-TH) District and
active and passive recreation uses shall be permitted throughout the Property. In addition, the
following uses as more fully defined below shall also be permitted.
APPLICABLE TO CLUSTER HOMES
Cluster Homes ? Single family detached cluster homes shall meet the following requirements:
1.Lot Size. The minimum lot size shall be as follows: a fifty (50) foot minimum lot width;
and a six thousand (6,000) square foot minimum lot area.
2.Front, Corner, Side and Rear Yard. For principal structures, front and rear yards shall
have a minimum depth of zero (0) feet, and a minimum depth of ten (10) feet for
corner/side yards. Accessory structures shall be setback such that the structure shall not
be closer to the front than the front plane of the dwelling.
3.Sidewalks. Sidewalks shall be provided that facilitate pedestrianaccess within the
development, to the recreational areas serving the development, and to the overall
project. The exact location and design of the sidewalks shall be determined by the County
at the time of tentative subdivision review; provided, however, that, unless otherwise
approved by the Planning Commission at time of subdivision review upon a
determination that an alternative system will accomplish the spirit and intent of this
requirement, sidewalks shall be installed on those portions of both sides of all roads that
have cluster homes fronting on the road.
4.Buffers. Buffers required by the Subdivision Ordinance along roads shall be located
within recorded open space.
5.Paved Driveways. All dwelling units shall have paved driveways. The exact treatment
shall be approved at the time of tentative subdivision plan review.
6.Focal Point. A minimum of 0.75 acres of open space shall be located and positioned to
provide a ?focal point? as one enters the cluster home development. Part of this area
shall be ?hardscaped? and have benches and other amenities that accommodate and
facilitate outdoor gatherings. This area shall be developed concurrently with the
development of the first phase of the cluster home development, and its exact design and
location shall be approved at the time of tentative subdivision review.
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7.Garages. Any front-loaded garages shall be located no closer to the street than the front
façade of the dwelling unit.
8.Street Trees. Street trees shall he planted or retained along each side of roads and
driveways which have sidewalks except for Individual Driveways. The exact spacing,
species and size shall be approved at the time of tentative subdivision plan review.
APPLICABLE TO PARCELS B AND C
9.
Mixing of Uses. Within Parcels B and C respectively there shall be no ?mixing? of
townhomes and cluster homes. Provided, however, such mixing of townhomes and
cluster homes may be permitted on a parcel if a conceptual plan is submitted for review
and approval and the conceptual plan addresses land use transitions and compatibility
between uses within parcels as well as with adjacent properties. Consideration of land
use compatibility and transitions may include, but not necessarily be limited to, the exact
location of uses, buffers, and site design.Such conceptual plan shall be approved by
either the Planning Commission or the Planning Department, at the election of the
developer, and such review shall be subject to appeal in accordance with provisions of
the Zoning Ordinance for site plan appeal.
APPLICABLE TO PARCEL C
10.Uses. Uses permitted by right or with restrictions in the Neighborhood Business (C-2)
District shall be permitted in Parcel C provided that Parcel C is not developed for
residential uses.
Development Standards. Development of Parcel C for Neighborhood Business (C-2)
11.
uses shall conform to the requirements of the Zoning Ordinance for Neighborhood
Business (C-2) Districts within Emerging Growth District Areas.
#944882 v3 030211.00002
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ROCKWOOD OFFICE PARK
9415 HULL SfREET ROAD, SUIE E
RICHfIAOND, VIRGII'~IA 13236
804-276-4134 F,L,X 8046740823
www.recollierbutider.com
October 18, 2007
Mr. James W. Theobald
Hirsxhler Fleischer
Attorneys at Law
2100 E. Cary Street
Richmond, V A
Rc: Zoning Case 07SN0157, Otterdale Venture, LLC
Dear Mr. Theobald:
It is with regret that I am unable to be present at the Chesterfield County Board of Supervisors
meeting on October 24,2007 to speak in support of Ed Nunnally's Zoning Case 07SN0157. I
will be hospitalized recovering from bi-Iateral knee replacement surgery. Please tee I free to share
my thoughts and comments with the Board.
This case has great merit as it provides the "missing link" between previous developments
approved east of Otterdale Road and Magnolia Green. The proffers Ed has offered to
Chesterfield County and VDOT are very generous and are "above the call to duty". His proffers
add significantly to the area's infrastructure and provide improvements along Rt. 360 which are
solely needed today. The fact that Ed has proffered no Certificates of Occupancy until March 1,
2010 further demonstrates his commitment to orderly development consistent with the CDA
improvements. Development will take place in this area. That is a fact. Approval of this project
now will guarantee orderly and a proper flow of development. It is very timely.
I have known Ed Nunnally and his family for more than 45 years as neighbors, friends, and as
their Sunday school teacher. They are honorable people who follow through on commitments.
Chesterfield County should be proud and honored to support their efforts to improve our County,
and incidentally, to improve our County tax base.
Respectfully,
, nCZ. r; r:r)',
~at'~
Cc: Mr. Arthur S. Warren