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03SN0203~~F~EI,p `:, ~ ~ ' ,U ~~~' l~Tn~~oml~,or 7(1 7M'7 (~l~(~ ~ti, I rY~ ry ! ~;li .,,~ l ,, ~ Ir~RGSI~1.P!!~ - ~ April 23, 2008 BS STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 03 SN0203 Rolling Ridge LLC Bermuda Magisterial District Elizabeth Scott Elementary, Chester Middle and Thomas Dale High Schools Attendance Zones North line of RioVista Street RE VESTS: I. Rezoning from Light Industrial (I-1) and Residential (R-7) to Multifamily Residential (R-MF) plus Conditional Use Planned Development to permit exceptions to Ordinance requirements. II. Waiver to street connectivity requirements to Seminole Avenue. PROPOSED LAND USE: A multifamily condominium development containing a maximum of 273 dwelling units, Wlth Community Business (C-3) uses located in proximity to Jefferson Davis Highway and Route 288, are planned. Exceptions are requested to specific development requirements of the Zoning Ordinance for Multifamily Residential (R-MF) Districts. A waiver to street connectivity requirements to Seminole Avenue is requeste . PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL. STAFF RECOMMENDATION Re uest I: Recommend approval of the rezoning with Conditional Use Planned Development for the following reasons: A. The proposed zoning and land uses comply with the Jefferson Davis Hi h~way Corridor Plan. Specifically, the Plan suggests that high density Providing a FIRST CHOICE community through excellence in public service residential and community-scale commercial uses are appropriate if access to Route 1 does not use internal residential streets. The proffered conditions require the dedication and construction of this primary access to serve the proj ect to include the first phase of development. B. The proffered conditions mitigate the impact on capital facilities, consistent with the Board of Supervisor's policy, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. Re uest II: Recommend denial of the waiver to street connectivity requirements to Seminole Avenue for the following reason: The evaluation of the Policy criteria for granting such relief necessitates design details that can best be provided through the site plan review process. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS The owner and developer in this rezoning request, Rolling Ridge, LLC (the "Developer") pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, Virginia (the "County") for itself and its successors and assigns, hereby proffers that the development of the unimproved real property (the "Property") under consideration in this rezoning request shall be developed in accordance with the following conditions if, and only if, the 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. This application contains two (2) exhibits described as follows: (STAFF) Master Plan -The plan entitled "Rolling Ridge Master Plan" prepared by Townes Site Engineering, dated August 15, 2007, last revised February 4, 2008, attached hereto as Exhibit A. (P) (STAFF) Exhibit B -The plan entitled "Exhibit B. Rolling Ridge Access Plan" prepared by Townes Site Engineering, dated February 26, 2007, last revised February 4, 2008. (P) 2 03SN0203-APR23-BOS-RPT (STAFF) 1. Textual Statement. The Textual Statement dated March 10, 2008, shall be a part of this application. (P) (STAFF) 2. Utilities. The public water and wastewater systems shall be used. (U) (STAFF) 3. Timberin .Except for timbering approved by the Virginia Department of Forestry for 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 installed. (EE) (STAFF) 4. Ri ht of Way Dedications and Bonding. Prior to the issuance of a land disturbance permit, all rights-of way and easements necessary to accomplish the road improvements between Jefferson Davis Highway (Route 1) and the Property as identified on Exhibit B, except for the road improvements along Route 1 (the "Improvements") shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The exact widths and locations of these rights-of way shall be approved by the Transportation and Planning Departments. In conjunction with these dedications, the Developer shall provide to the County a bond or other sureties, in a form acceptable to the County Attorney and in an amount acceptable to the Planning Department, for the cost of the Improvements. (T&P) (STAFF) 5. Road A. a. Prior to or in conjunction with the initial site plan approval, constructions plans for the Improvements shall be approved, to include approval by the Planning Department and by the Virginia Department of Transportation (VDOT). Prior to the issuance of the initial building permit, the Improvements shall be completed, as determined by the Planning Department after consultation with the Environmental Engineering Department and the Virginia Department of Transportation, and Road A between Route 1 and the Property open to traffic. b. Prior to the issuance of a land disturbance permit, a sixty (60) foot wide right-of way for Road A through the Property along Route 288 to the eastern Property line, as generally shown on the Master Plan, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The exact location of this right-of way shall be approved by the Planning Department. The Developer shall construct atwo-lane road to VDOT standards for the entire length of this dedication. Prior to initial site plan approval, a phasing plan for this construction shall be submitted to and approved by the Planning Department. (P) 3 03SN0203-APR23-BOS-RPT (STAFF) 6. Abandonment of Rio Vista Street. Prior to the issuance of the initial building permit, the Developer shall request VDOT to abandon a section of existing Rio Vista Street between Road A and Route 1, as generally shown on Exhibit B. The exact length of this abandonment request shall be approved by the Transportation and Planning Departments. (T&P) (STAFF) 7. Vacation of Glendale Street. Prior to issuance of a land disturbance permit, the Developer shall request the Board of Supervisors to vacate a section of Glendale Street between Route 1 and Elokomin Avenue, as generally shown on Exhibit B. The exact length of this vacation request shall be approved by the Transportation and Phasing Departments. (T&P) (STAFF) 8. Transportation Improvements. The following improvements shall be completed in conjunction with initial development of the Property, except as required in 8.d. The exact design and length of these improvements shall be approved by the Transportation Department: a. construction of additional pavement along the northbound lanes of Route 1 at Road A intersection to provide a right turn lane; b. closing the existing crossover on Route 1, located just south of Route 288, that currently serves Rio Vista Street; c. construction of a new crossover on Route 1 at Road A intersection to include adequate left turn lanes along both the northbound and southbound lanes of Route l; d. the full cost of traffic signalization at Road A/Route 1 intersection, if warranted as determined by the Transportation Department. This Proffered Condition regarding traffic signalization shall remain in effect until five (5) years after issuance of the final certificate of occupancy, as determined by the Transportation Department; and e. dedication to Chesterfield County, free and unrestricted, of any additional right-of way (or easements) required for the improvements identified in this Proffered Condition. (T) (STAFF) 9. Cash Proffer. The Developer or its assignee(s) shall pay the following to the County of Chesterfield prior to the issuance of building permit for any structure containing any residential condominium unit within the Property: a. $11,500 per dwelling unit in such structure, if paid prior to July 1, 2005; or b. The amount approved by the Board of Supervisors not to exceed $11,500 per dwelling unit adjusted upward by increases in the 4 03SN0203-APR23-BOS-RPT Marshall and Swift Building Cost Index between July 1, 2004, and July 1 of the current fiscal year if paid after June 30, 2005. c. Based on $11,500, the proffers shall be allocated pro-rata among the facility costs as follows: $786 for parks and recreation; $402 for library facilities; $4,380 for roads; $423 for fire stations; and $5,509 for schools. Payments in excess of $11,500 shall be prorated as set forth above. Should Chesterfield County impose impact fees at anytime during the life of this development applicable to the Property, the amount paid as cash proffers shall be in lieu of, but not in addition to, any impact fees, in a manner described by Chesterfield County. Cash proffer payments shall be spent for the purposes proffered or otherwise permitted by law. (B&M) (STAFF) 10. Condominiums. All residential units developed within the Property shall be townhouse-style condominiums, which shall be submitted to the provisions of the Virginia Condominium Act. (P) (STAFF) 11. Adjacent to Route 288. No buildings or accessory buildings shall be located within two hundred (200) feet of the right-of way for Route 288; however, Road A, as generally shown on the Master Plan, and best management practice facilities shall be permitted within such setback area and other improvements as may be approved by the Transportation Department. (T) (STAFF) 12. Dem. The total number of residential condominium units developed on the Property shall not exceed 273. (P) (STAFF) 13. Focal Point. A minimum of 0.75 acres, in the aggregate, of open space shall be located and positioned to provide a "focal point" as one enters the Property from Road A. Part of this area shall be "hardscaped" and have benches and other amenities that accommodate and facilitate outdoor gatherings. The focal point shall be developed concurrently with the development of the first phase of the Property, and its exact design and location shall be approved at the time of site plan review. (P) (STAFF) 14. Street Trees. Street trees shall be planted or retained along each side of internal public streets. The exact spacing, species and size shall be approved at the time of site plan review. (P) (STAFF) 15. Sidewalks. Sidewalks shall be provided that facilitate pedestrian access within the Development, and to the overall project. The exact location and design of the sidewalks shall be determined by the Planning Department at the time of site plan review; provided, however, that, unless otherwise 5 03SN0203-APR23-BOS-RPT approved by the Planning Commission at time of site plan review upon a determination that an alternative system will accomplish the spirit and intent of this requirement, sidewalks shall be installed on both sides of all public roads that have homes fronting on the road and on one side of Road A. (P) (STAFF) 16. Garages. Any front-loaded garages shall be located no closer to the street than the front facade of the dwelling unit. (P) (STAFF) 17. Public Roads. All roads that accommodate general traffic circulation through the development, as determined by the Transportation Department, shall be designed and constructed to VDOT standards and taken into the State System. (T) (STAFF) 18. Drivewa s. All driveways serving townhome units shall be hardscaped. (P) GENERAL INFORMATION T,ncatinn~ North line of Rio Vista Street, east of Jefferson Davis Highway; and the south line of Route 288, east of Jefferson Davis Highway. Tax IDs 797-661-5231 and 798-661-Part of 2276. Existing Zoning: R-7 and I-1 Size: 40.2 acres Existing Land Use: Vacant Adjacent Zoning and Land Use: North -Route 2 8 8 South - R-7; Single family residential East - A; Single family residential or vacant West - C-3; Public/semi-public or vacant 6 03SN0203-APR23-BOS-RPT T TTTT ,TTTF,C Public Water System: A twenty-four (24) water line extends along the eastern side of Jefferson Davis Highway, adjacent to the request site and a twelve (12) inch water line extending along Rio Vista Street approximately 200 feet south of this site. In addition, there are six (6) inch water lines along Seminole Avenue and Arcadia Avenue that are either adjacent to, or could be extended, to serve this site. Use of the public water system is intended. (Proffered Condition 2) Public Wastewater S,, sue: A forty-two (42) inch wastewater trunk line extends along Proctors Creek, approximately 1000 feet north of the request site. In addition, there is a fifteen (15) inch wastewater trunk line extending along a tributary of Proctors Creek and across the Route 288/Jefferson Davis Highway interchange, approximately 500 feet northwest of this site. Use of the public wastewater system is intended (Proffered Condition 2). Design of the proposed on-site wastewater collector system should allow for future extension of the public wastewater system to service the property east of the request site. ENVIRONMENTAL Drainage and Erosion: The subject property drains to the north and under Route 288 to Proctors Creek. From the south to the north, there are several outfalls where drainage currently enters the property from the older development to the south. There are no known on- or off site drainage or erosion problems and none are anticipated after development. The property is wooded and, as such, should not be timbered without obtaining a land disturbance permit from Environmental Engineering. This will ensure that the adequate erosion control measures are in place prior to any land disturbance. (Proffered Condition 3) 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, the Thoroughfare Plan and the 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. 7 03SN0203-APR23-BOS-RPT Fire service: The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls are expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6) new fire/rescue stations are recommended for construction by 2022 in the Plan. In addition to the six (6) new stations, the Plan also recommends the expansion of five (5) existing stations. Based on 273 dwelling units, this request will generate approximately seventy-four (74) calls for fire and emergency medical service each year. The applicant has addressed the impact on fire and EMS. (Proffered Condition 9) The applicant has requested not to make a street connection to Seminole Avenue. In an emergency situation, this connection would benefit both the applicant's project and the surrounding developments. The Fire Department continues to support connectivity between residential developments so that multiple access points are available to assist in an emergency response. The Ordinance requires a minimum distance of thirty (30) feet between buildings in the Residential Multifamily (R-MF) District. The applicant requests a reduction in this distance to twenty (20) feet (Textual Statement 4). The International Fire Code (IFC) requires that buildings exceeding thirty (30) feet in height be provided with an aerial fire apparatus access road a minimum of twenty-six (26) feet in width located in the immediate vicinity of the building. Further, in R-MF District, the Ordinance requires that structures be located a minimum of fifteen (15) feet from parking spaces or areas. The applicant requests elimination of this setback (Textual Statement 3). The IFC requires a minimum of one (1) aerial fire apparatus access roadway located between fifteen (15) and thirty (30) feet from the building and positioned parallel to one entire side of the building. Although the Fire Department does not object to relief from these Ordinance standards, where there is conflict, development must comply with IFC requirements. The Fire Department will evaluate compliance with the IFC at the time of site plan review. The Dutch Gap Fire Station, Company Number 14, and the Bensley Bermuda Volunteer Rescue Squad currently provide fire protection and emergency medical service. The number of hydrants, quantity of water needed for fire protection and access requirements will be evaluated during the plans review process. The Bensley Bermuda Volunteer Rescue Squad has indicated their support of the relocation of the facility's access as shown on the applicant's Master Plan. ~ch~~l~: Approximately 145 (Elementary: 63, Middle: 36 and High: 46) students will be generated by this development. This site lies in the Elizabeth Scott Elementary School attendance zone: capacity - 900, enrollment - 721; Chester Middle School zone: capacity - 864, enrollment - 988; and Thomas Dale High School zone: capacity - 1,851, enrollment - 2,438. The enrollment is based on October 1, 2007 and the capacity is as of 2006-2007. 8 03SN0203-APR23-BOS-RPT This request will have an impact at the elementary and secondary levels. There are currently six (6) at Chester Middle and eight (8) at Thomas Dale High School. The new Elizabeth N. Scott Elementary School opened this fall and the new Elizabeth B. Davis Middle School is scheduled to open in 2008. The new elementary school provides relief for elementary schools in the Chester area and the new middle school will provide relief for Chester and Carver Middle Schools. This area of the county continues to experience growth and these schools will provide much needed space. This case combined with other residential developments and zoning cases in the area, will continue to push these schools over capacity, especially at the secondary level, necessitating some form of relief in the future. The applicant has addressed the impact of this development on school facilities. (Proffered Condition 9) Libraries: Consistent with the Board of Supervisors' Policy, the impact of development on library services is assessed County-wide. Based on projected population growth, the Public Facilities Plan identifies a need for additional library space throughout the County. This development would most likely affect the Chester Library. The Plan identifies a need for additional library space in the Chester area. The applicant has addressed the impact of this development on school facilities. (Proffered Condition 9) Parks and Recreation: The Public Facilities Plan identifies the need for three (3) new regional parks, seven (7) community parks, twenty-nine (29) neighborhood parks and five (5) community centers by 2020. In addition, the Public Facilities Plan identifies the need for ten (10) new or expanded special purpose parks to provide water access or preserve and interpret unique recreational, cultural or environmental resources. The Plan identifies shortfalls in trails and recreational historic sites. The applicant has offered measures to assist in addressing the impact of this proposed development on these parks and recreational facilities. (Proffered Condition 9) Transportation: The property (40.2 acres) is zoned Residential (R-7) and Light Industrial (I-1). The applicant is requesting rezoning to Multifamily Residential (R-MF), and has proffered a maximum density of 273 condominium units (Proffered Condition 12). Based on condominium/townhouse trip rates, the proposed development could generate approximately 1,510 average daily trips. These vehicles will be initially distributed, via Rio Vista Street, to Jefferson Davis Highway (Route 1) and to Coxendale Road. Route 1 had a 2006 traffic count of 25,278 vehicles per day, and Coxendale Road had a 2008 traffic count of 1,792 vehicles per day. The capacities of both these roads are acceptable (Level of Service C) for the volumes of traffic they carry. 2008 traffic counts on Rio 9 03SN0203-APR23-BOS-RPT Vista Street are 1,625 vehicles per day towards its intersection with Route 1, and 1,204 vehicles per day towards its intersection with Coxendale Road. The Jefferson Davis Hi h~way Corridor Plan suggests that the property would be appropriate for residential use (2.51 to 4.0 units per acre) with a note that generally states that higher intensity uses are appropriate if adequate access is provided to Route 1 without utilizing internal residential streets. For this reason, the applicant is proposing a southern relocation of Rio Vista Street ("Road A") at its intersection with Route 1. Road A, as a residential collector street, will also be extended through the property to the eastern property line. If the adjacent parcel to the east is redeveloped, Road A could be extended to Coxendale Road. Road A would then serve as an alternative route for traffic traveling between Route 1 and Coxendale Road. With the construction of Road A, the existing crossover on Route 1(located just south of the Route 288 interchange, and currently serving Rio Vista Street on the east side of Route 1 and several residential dwellings on the west side) will be closed. In addition, the section of Rio Vista Street between Route 1 and Road A will be eliminated. To serve the proposed Road A, a new crossover will be constructed on Route 1, located approximately 500 feet south of the existing crossover location. When Road A is constructed, the applicant will need to provide, in addition to this new crossover, road improvements along Route 1. The applicant has proffered the customary improvements, such as turn lanes and traffic signalization, if warranted. (Proffered Condition 8) Staff consistently recommends that all of the main streets in condominium developments be accepted into the State Highway System. Having these streets accepted into the State Highway System will insure their long-term maintenance. The applicant has proffered that all of the streets that will accommodate general traffic circulation in the development will be designed and constructed to State (i.e., the Virginia Department of Transportation) standards and taken into the State System. (Proffered Condition 17) Included in the Subdivision Ordinance is the Planning Commission's Stub Road Policy. The Policy suggests that subdivision streets anticipated to carry 1,500 VPD or more should be designed as "no-lot frontage" collector roads. Some of the traffic generated by this proposed development will travel on streets within Normandale Terrace Subdivision, including Rio Vista Street and Arcadia Avenue. Those streets were developed prior to the adoption of the Stub Road Policy. The traffic volume on a section of Rio Vista Street (1,625 vehicles per day) currently exceeds the acceptable subdivision street volume as defined by the Stub Road Policy. The property abuts Route 288, a limited access facility. Traffic noise from Route 288 will impact development on the property. Consistently, Staff recommends a 200-foot setback, with the natural vegetation retained within the setback area, from limited access rights-of way, unless a noise study demonstrates that a lesser distance is acceptable. The applicant submitted a noise study, which considered a 200-foot setback from the Route 288 right- of way for all residential structures, and which considered construction of Road A and some BMP facilities within the setback area. The noise study was reviewed by the 10 03SN0203-APR23-BOS-RPT Virginia Department of Transportation and found to be in compliance with their Noise Abatement Policy. The applicant has proffered that this proposed development will be in accordance with that noise study. (Proffered Condition 11) Area roads need to be improved to address safety and accommodate the increase in traffic generated by this residential development. The applicant has proffered to provide cash, in an amount consistent with the Board of Supervisors' Cash Proffer Policy, towards mitigating the traffic impact of this development (Proffered Condition 9). As development continues in this part of the county, traffic volumes on area roads will substantially increase. Cash proffers alone will not cover the cost of the improvements needed to accommodate the traffic increases. No road improvement projects in this part of the county are included in the Six-Year Improvement Plan. The Virginia Department of Transportation's (VDOT) "Chapter 527" regulations, dealing with development Traffic Impact Study requirements, have 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. Financial Impact on Capital Facilities: PER DWELLING UNIT Potential Number of New Dwelling Units 273 ~ 1.00 Population Increase 742.56 2.72 Number of New Students Elementary 61.70 0.23 Middle 34.40 0.13 High 43.68 0.16 TOTAL 139.78 0.51 Net Cost for Schools 1,510,236 5,532 Net Cost for Parks 215,397 789 Net Cost for Libraries 110,292 404 Net Cost for Fire Stations 116,025 425 Average Net Cost for Roads 1,200,927 4,399 TOTAL NET COST $3,152,877 $11,549 ~ Based on a proffered maximum of 273 dwelling units (Proffered Condition 12). The actual number of units and corresponding impact may vary. 11 03SN0203-APR23-BOS-RPT As noted, this proposed development would have an impact on capital facilities. At the time that this rezoning application was submitted, the calculated fiscal impact of every new dwelling unit on schools, roads, parks, libraries, and fire stations was $10,425 per unit. The applicant was advised that a maximum cash proffer of $9,000 per dwelling unit would defray the cost of the capital facilities necessitated by this proposed development. Since that time, the Board of Supervisors has changed the cash proffer policy. The revised cash proffer policy has been applied to the development proposal, as the application is still pending. Policy allows no more than one revision to the originally proffered cash amount, that being the first revision following submission of the application. The applicant has been advised that the development proposal is now subject to the calculated cost of $11,549 per dwelling unit. The applicant has been further advised that a maximum cash proffer of $11,500 per dwelling unit would defray the cost of the capital facilities necessitated by this proposed development. Consistent with the Board of Supervisors' policy, and proffers accepted from other applicants, the applicant has offered cash to assist in defraying the cost of this proposed zoning on such capital facilities. (Proffered Condition 9) Note that circumstances relevant to this case, as presented by the applicant, have been reviewed and it has been determined that it is appropriate to accept the maximum cash proffer permitted in t is case. T ANTI TTCF. Comprehensive Plan: Lies within the boundaries of the Jefferson Davis Highway Corridor Plan which suggests the property is appropriate for residential use of 2.51 to 4.0 units per acre. The Plan also indicates that higher intensity uses such as high density residential, community-scale commercial, or professional/corporate office uses are appropriate if adequate land is assembled to provide access to Route 1 without using internal residential streets. Area Development Trends: The subject property is bound to the north by Route 288 and to the south by properties zoned Residential (R-7) as part of the Normandale Terrace Addition Subdivision. Property to the east is zoned Agricultural (A) and is occupied by a single family residence. Properties to the west along the Jefferson Davis Highway Corridor are zoned for Community Business (C-3) uses and are occupied by the Bensley Bermuda Volunteer Rescue Squa or remain vacant. Zonin Hg istory: On October 28, 1998, the Board of Supervisors acknowledge withdrawal of an application to rezone a 7.4 acre tract from Light Industrial (I-1) to Residential (R-12) plus proffered conditions on this property and an adjacent 31.9 acre tract zoned Residential 12 03SN0203-APR23-BOS-RPT (R-7) (Case 98SN0165). The subject property in the current application was included in t is request. l~/lacter Plan The property is divided into two (2) tracts, as depicted on the Master Plan (Attachment - Proffered Condition 1). Tract 1, which contains approximately 39.3 acres, is proposed for multifamily residential uses. Tract 2, consisting of approximately .9 acres, is proposed for Community Business (C-3) uses. It is anticipated that Tract 2 would be developed in conjunction with adjacent C-3 properties. Tract 1(Residential Multifamilx): Site Design: Except as modified by this request, multifamily residential development must conform to the requirements of the Zoning Ordinance for the Multifamily Residential (R-MF) District. The applicant has requested exceptions to several of these standards as noted in the Textual Statement submitted with this application (Proffered Condition 1). These Ordinance standards were designed to address a typical, suburban, multi-story residential project. These exceptions will allow flexibility in site design to accommodate a unique multifamily project that has a character more in keeping with a townhouse project. Density and Architectural Treatment: Proffered Condition 12 limits the residential development to 273 dwelling units, yielding a density of approximately seven (7) dwelling units per acre. The applicant has proffered that all dwelling units will be condominiums with a townhouse-style appearance. (Proffered Condition 10) Cluster Standards: The proffered conditions offered for this project are consistent with those typically required by the Commission and Board of Supervisors on similar projects recently approved with respect to focal point, garage orientation, sidewalks, street trees and hardscaped driveways. (Proffered Conditions 13, 14, 15,16 and 18) Tract 2 (Commercial): Site Design: The request property lies within the Jefferson Davis Highway Corridor Area. Development of the site must conform to the requirements of the Zoning 13 03SN0203-APR23-BOS-RPT Ordinance for the Jefferson Davis Highway Corridor Area along with the Post Development Area standards of the Ordinance. These standards address access, parking, landscaping, architectural treatment, pedestrian access, signs, buffers, utilities, and screening of dumpsters, loading areas and setbacks. It is anticipated that Tract 2 would be developed in conjunction with adjacent C-3 properties to the west. (Textual Statement) Access Relative to Land Use: As previously noted, the Plan suggests the property is appropriate for residential use of 2.51 to 4.0 units per acre. The Plan also notes that higher density residential and commercial uses would be appropriate if adequate access is provided to Route 1 without utilizing internal residential streets. As such, the applicant is proposing a southern relocation of Rio Vista Street (Access Plan -"Road A") at its intersection with Route 1. Proffered conditions require the dedication and construction of this relocated road to serve the project to include the first phase of development. The existing road would be removed between Road A and Route 1 to insure use of the relocated road. (Proffered Conditions 4, 5, 6 and 7) CONCLUSIONS The proposed zoning and land uses comply with the Jefferson Davis Highway Corridor Plan. Specifically, the Plan suggests that high density residential and community-scale commercial uses are appropriate if access to Route 1 does not use internal residential streets. As proffered, the request commits to the completion of this access to serve the project to include the first phase of development and the removal of the existing road section to insure use of the relocated road. Further, the proffered conditions adequately address the impacts of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries and fire stations is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program, and the impact of this development is discussed herein. The proffered conditions mitigate the impact on capital facilities, thereby insuring adequate service levels are maintained and protecting the health, safety, and welfare of County citizens. The evaluation of the Policy criteria for granting relief to street connectivity requirements to Seminole Avenue necessitates design details that can best be provided through the subdivision review process. Given these considerations, approval of the rezoning with Conditional Use Planned Development (Request 1) and denial of the waiver to street connectivity requirements to Seminole Avenue (Request II) is recommended. 14 03SN0203-APR23-BOS-RPT CASE HISTORY Planning Commission Meeting (1/16/07): At the request of the applicant, the Commission deferred this case to May 15, 2007. Staff (1 / 17/07) 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 15, 2007 public hearing. Also, the applicant was advised that a $250.00 deferral fee must be paid prior to the Commission's hearing. Applicant (1 /3 0/07) The deferral fee was paid. Staff (4/ 11 /07) To date, no new information has been submitted. Planning Commission Meeting (5/15/07): At the request of the applicant, the Commission deferred this case to September 18, 2007. Staff (5/16/07): The applicant was advised in writing that any significant, new or revised information should be submitted no later than July 16, 2007 for consideration at the Commission's September 18, 2007 public hearing. Also, the applicant was advised that a $250.00 deferral fee must be paid prior to the Commission's hearing. 15 03SN0203-APR23-BOS-RPT Applicant (5/30/07): The deferral fee was paid. Staff (8/23/07): To date, no new information has been submitted. Planning Commission Meeting (9/18/07): At the request of the applicant, the Commission deferred this case to November 20, 2007. Staff (9/ 19/07) The applicant was advised in writing that any significant, new or revised information should be submitted no later than September 24, 2007 for consideration at the Commission's November 20, 2007 public hearing. The applicant also was advised that a $250.00 deferral fee must be paid prior to the Commission's public hearing. Applicant (10/15/07): New proffered conditions, Textual Statement and exhibits were submitted. The application was amended to request a waiver to street connectivity requirements to Seminole Avenue. The deferral fee was paid. Planning Commission Meeting (11/20/07): On their own motion, the Commission deferred this case to their January 15, 2008 public Baring. Staff (12/14/07) The applicant was advised in writing that any significant, new or revised information should be submitted no later than November 26, 2007, for consideration at the Commission's January 15, 2008 public hearing. 16 03SN0203-APR23-BOS-RPT Staff (12/17/07): To date, no new information has been submitted. Planning Commission Meeting (1/15/08): At the request of the applicant, the Commission deferred this case to March 18, 2008. Staff (1/16/08): The applicant was advised in writing that any significant, new or revised information should be submitted no later than January 21, 2008, for consideration at the Commission's March 18, 2008 public hearing. The applicant was also advised that a $250.00 deferral fee must be paid prior to the Commission's public hearing. Applicant (2/18/08): Revised proffered conditions, textual statement and exhibits were submitted. Applicant, Area Citizens, Staff and the Bermuda District Board of Supervisor and Planning Commissioner (3/S/08): A meeting was held to discuss the request. Concerns were expressed relative to increased traffic on area roads; safety of proposed access to Route l; impacts on schools; density of the proposed residential development; and potential for rental of dwelling units. Applicant (3/6/08 and 3/10/08): Revised proffered conditions and textual statement were submitted. Staff (3/12/08): The deferral fee was paid. 17 03SN0203-APR23-BOS-RPT Planning Commission Meeting (3/18/08): The applicant accepted staff s recommendation relative to the rezoning request (Request I), but did not accept the recommendation relative to the waiver to connectivity (Request II). There was opposition and support present. Those opposed expressed concerns specific to safety of proposed access to Route l; traffic on neighborhood streets; drainage; impacts on area schools; density; lack of minimum dwelling size; and absence of good development planning. Those in support noted the project represented classic infill and would continue area revitalization efforts. Mr. Hassen indicated that the existing Residential (R-7) zoning complies with the Plan and that the proposed multifamily uses and associated densities are incompatible with the adj acent single family residential development. The Commission acknowledged that this case involves only part of Tax ID 798-661- 2276. On motion of Mr. Hassen, seconded by Mr. Gulley, the Commission recommended denial of the rezoning with Conditional Use Planned Development. AYES: Messrs. Gulley, Bass, Brown, Hassen and Waller. On motion of Mr. Hassen, seconded by Mr. Bass, the Commission recommended denial of the waiver to street connectivity requirements. AYES: Messrs. Gulley, Bass, Brown, Hassen and Waller. The Board of Supervisors, on Wednesday, April 23, 2008, beginning at 6:30 p.m., will take under consideration this request. 18 03SN0203-APR23-BOS-RPT CASE 03SN0203 -ROLLING RIDGE AMENDED AND RESTATED TEXTUAL STATEMENT Dated March 10, 2008 I. Development of Tract 1 shall comply with the requirements of the Zoning Ordinance for Residential Multifamily (R-MF) Districts, except as follows: 1. Setbacks from Interior Private Drive Lanes. Structures shall be setback a minimum of fifteen (15) feet from interior private drive lanes. 2. Setbacks from Public Rights-of Way. Structures shall be setback a minimum of fifteen (15) feet from public rights-of way, except that garage entrances shall be located a minimum of eighteen (18) feet from public rights-of way. 3. Setback from Parking Spaces/Areas. There shall be no setback for structures from parking spaces or parking areas. 4. Distance Between Residential Buildings. The distance between residential buildings shall be a minimum of twenty (20) feet. 5. Private Driveways. There shall be no setback for private driveways from public rights-of way. Private driveways shall be designed such that required vehicular parking does not encroach into sidewalk areas. 6. Parking Spaces. Parking spaces in driveways shall not require any setback. Parking areas shall have no setback from public rights-of way. II. Development of Tract 2 shall comply with the requirements of the Zoning Ordinance for Community Business (C-3) Districts located in Post Development Districts and the Jefferson Davis Highway Corridor Area #1428315 v4 030567.00002 This page is blank. ~ ~- i ~ ' g5 N~' Q _~ °, ~ ~ ~, 2 W 0~ ~~ Q ........ .~. c, ....................... W ~~ ...................... 2 o p a ~- ~ '...'...'...'.,.....'...'...' W 0 o d ............ ........ b 00 ......... ~~ ~ a N j ~~:. ~~~~~ N .......... .......... ~ . ~.'....... ~ a ,n J '. '.~. . . 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