CASE NUMBER: 16SN0591 APPLICANT: Glenn M. Hill

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1 CASE NUMBER: 16SN0591 APPLICANT: Glenn M. Hill CHESTERFIELD COUNTY, VIRGINIA CLOVER HILL DISTRICT STAFF S ANALYSIS AND RECOMMENDATION Board of Supervisors Hearing: NOVEMBER 15, 2017 Board of Supervisors Time Remaining: 365 DAYS Applicant s Agent: ANDREW SCHERZER ( ) Applicant s Contact: GLENN HILL ( ) Planning Department Case Manager: JANE PETERSON ( ) REQUEST 57.6 Acres 3539 S Old Hundred Road Amendment of zoning approval (Case 07SN0281) to amend cash proffers in a Townhouse Residential (R-TH) District. Specifically, the applicant proposes to amend Proffered Condition 2 relative to cash payments. Notes: A. Conditions may be imposed or the property owner may proffer conditions B. Proffered conditions, an exhibit and approved zoning conditions are located in Attachments 1-3. SUMMARY A townhome subdivision (Bailey Park Townhomes) is proposed. Existing zoning permits a maximum of 300 dwelling units, all of which would be impacted by this request. The current cash proffer amount is $21,504 per dwelling unit. The current total potential value of the approved cash proffer equates to $6,451,200. The applicant has requested to reduce the cash proffer amount to $5,922 per dwelling unit, equating to total potential value of $1,776,600. Existing zoning conditions and those proffered with this case provide design and architectural standards (summarized on pages 5 & 6) that are comparable in quality to that of the surrounding community. Providing a FIRST CHOICE community through excellence in public service

2 PLANNING COMMISSION APPROVAL RECOMMENDATIONS STAFF PLANNING APPROVAL The quality, design and architecture required by existing zoning conditions and offered by the applicant in this case provide for a convenient, attractive and harmonious community comparable in quality to that of the surrounding community. TRANSPORTATION APPROVAL The development s traffic impact will be addressed by providing cash payments. Department SCHOOLS LIBRARIES SUMMARY OF IDENTIFIED ISSUES Issue Post 2020, the Public Facilities Plan recommends a new high school in the vicinity of Genito and Otterdale Roads northwest of Swift Creek Reservoir, however at this time a budget has not been developed for the acquisition of land or construction of this school facility. The Public Facilities Plan recommends a new library in the vicinity of Genito and Otterdale Roads to address service gap and demand issues related to increases in population anticipated in this area of the county. Land for expansion or replacement of this facility, or a new facility has not been acquired. 2 16SN NOV15-BOS-RPT

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4 Comprehensive Plan Classification: REGIONAL MIXED USE The designation suggests the property is appropriate for a mixture of corporate office, commercial, light industrial/research and development, and higher density residential uses with public spaces, on large tracts of land generally at the interchange of arterials and limited access roads. Surrounding Land Uses and Development Nuttree Woods subdivision Old Hundred Rd Clover Hill High Brandermill Pkwy Route 288 Swift Creek Middle Old Hundred Mill subdivision 4 16SN NOV15-BOS-RPT

5 Zoning History PLANNING Staff Contact: Jane Peterson ( ) Case Number 07SN0218 Approved (5/2007) 16TS0195 Approved (9/2016) Request Rezoning to Townhouse Residential (R-TH) with conditional use planned development to permit exceptions to parking and driveway requirements serving individual dwelling units. Proffered conditions limited development to 300 dwelling units Cash proffer of $15,600 per dwelling unit to address impacts on roads, schools, fire, libraries and parks (currently escalated to $21,504). The staff report for this case analyzed the impact of the proposed development on public facilities and the applicant s offer to mitigate that impact. Preliminary plat approval plus waiver of street connection to Mill Meadow Road (Old Hundred Mill subdivision). Conditions limit connection to Mill Meadow Road to pedestrian and emergency access. Proposal Existing zoning permits a maximum of 300 townhouse dwelling units, all of which are included in this request. Design Requirements of Case 07SN0218 The following provides an overview of the approved design requirements referenced in attached case information (Attachment 2): Community Design Required buffers in open space Additional landscaping along Brandermill Parkway Extended to mitigate views of back of townhomes from Parkway s intersection with Old Hundred Road Restrictive covenants (county ensures recordation, but not enforcement) Dwelling Design Minimum dwelling size of 1,500 square feet of gross floor area, with a minimum of 60 percent of units at 1,700 square feet of gross floor area or greater Exterior façade materials of brick, stone or vinyl (0.042 minimum thickness). No masonite siding permitted Design High quality residential development addresses the Comprehensive Plan goals for strong and sustainable neighborhoods that are visually attractive, well-planned and well-maintained. Further, the purpose and intent of the zoning ordinance to promote the health, safety, convenience and general welfare of the public includes the creation of convenient, attractive 5 16SN NOV15-BOS-RPT

6 and harmonious communities, protection against overcrowding of land, and protection of the natural environment. As such, developments that promote unique, viable and long lasting places and enhance the community are encouraged. The following provides an overview of additional design requirements offered as part of this request (Attachment 1 Proffered Condition): Community Design Landscaping around building perimeters, between buildings and driveways, within medians and common areas Sidewalks on both sides of all public streets providing general circulation, and along South Old Hundred Road frontage Street trees along public roads of front-loaded lots, and recreation area Minimum of two (2) acres of open space/recreation area provided as project focal point. Recreational area to include pedestrian scale amenities, and a clubhouse containing a minimum of 2,000 square feet to be completed prior to issuance of 100 th building permit Lot Design Hardscaped driveways, to include brushed or stamped concrete, exposed aggregate or asphalt and concrete front walks Sodded front yards and front foundation plantings, to include all street facing facades HVAC screening Fencing in rear yards limited to fiber cement lumber, composite or comparable material. No chain link Maximum light pole height of 20 feet Two (2) foot landscaped or grass strip between driveways Dwelling Design Consistent with Exhibit A, unless otherwise approved by CPC (Attachment 2) For slab construction, a minimum 24-inch brick or stone on base of front and sides of units Same elevations and color palette not permitted adjacent to one another on same street Special focus units at street intersections and/or against common open space, with embellished facades to enhance entry. May also include upgraded landscaping Roof material of 30-year dimensional shingles with algae protection, or standing seam metal Front porch treatment Front loaded attached garages permitted to extend beyond front façade consistent with front porch provided rooflines are contiguous; otherwise, to extend a maximum of two (2) feet beyond front façade, or maximum of five (5) feet with provision of first-floor master Upgraded doors for front and corner side loaded garages Maximum of eight (8) attached dwelling units within one group/building, with no more than six (6) buildings containing eight (8) attached units. 6 16SN NOV15-BOS-RPT

7 As suggested by the Comprehensive Plan goals and the Zoning Ordinance, the proffered conditions of this request along with those approved with Case 07SN0218 include quality design and architectural elements that are comparable in quality to that of the surrounding community. BUDGET & MANAGEMENT Staff Contact: Natalie Spillman ( ) County finance staff is responsible for managing the finances of the County and making recommendations to the County Administrator regarding the allocation of available resources for the provision of services and capital facilities to serve the citizens of the County. Finance staff will advise the County Administrator if changed economic circumstances require adjustments to the County s budget or capital improvement program. COUNTY TRANSPORTATION Staff Contact: Jim Banks ( ) banksj@chesterfield.gov The property could be developed for 300 units. Based on those numbers of units and applying trip generation rates for a townhouse unit, development could generate approximately 1,673 average daily trips. Traffic generated by development of the property is anticipated to be distributed via residential streets and Kelly Green Drive to South Old Hundred Road and Genito Road. South Old Hundred Road is a major arterial with a recommended right of way width of 90 feet, as identified on the County s Thoroughfare Plan. South Old Hundred Road is a two-lane road. Sections of the road are substandard, with approximately 10-foot lane widths and no usable shoulders. VDOT minimum geometric design standards recommend this road have 12-foot lane widths and 10-foot shoulders. In 2015, the traffic count on South Old Hundred Road was 11,090 (Level of Service E ) Genito Road is a major arterial with a recommended right of way width of 90 feet, as identified on the County s Thoroughfare Plan. The section of Genito Road east of Charter Colony Parkway is a four-lane divided road. In 2016, the traffic count on Genito Road east of Charter Colony Parkway was 15,000 vehicles per day (Level of Service A ). Section of the County Code outlines the general requirements to meet the needs of the traffic generated by a proposed development, including acceptable levels of service. This proposed residential development would contribute to an identifiable need for transportation improvements. The applicant has not offered to provide any mitigating road improvements. The property is located within Traffic Shed 5, which encompasses the area of the county west of Courthouse Road, north of Hull Street, and south of the Powhite Parkway. Several roads in this traffic shed or which serve this traffic shed are substandard, with little or no shoulders, fixed objects (trees) adjacent to the edge of the pavement, and poor vertical and horizontal alignments. The traffic volume generated from this proposed residential development will contribute to an identifiable need for transportation facility improvements to these roads in 7 16SN NOV15-BOS-RPT

8 excess of existing transportation facility capacity. Roads in this shed or which serve this shed need to be improved or widened to address safety and accommodate increased traffic, including the increased traffic from the proposed development. An applicant may choose to address the development s impact on the county s road transportation network through dedication of property, construction of road improvements, or a cash proffer. If an applicant elects to offer cash to address the impact on the county s road transportation network, Transportation staff has calculated the average impact of a singlefamily dwelling unit on the transportation network to be $12,652; however, the Board of Supervisors has adopted a policy establishing that it would accept a maximum cash proffer of $9,400 per dwelling unit as addressing the traffic impacts of residential development, with all of the funds to be dedicated towards improvements to the road network. The Policy allows the county to consider mitigating circumstances about a proposed development. In this case, the residential development will be limited to townhouse units, which generates 63% of the traffic of single-family dwelling unit. The traffic impact could be addressed by $5,922 ($9,400 x 65%) per unit. The traffic impact could be valued at $1,776,600 ($5,922 x 300). The applicant has proffered to make payments of $5,992 for each dwelling unit (Proffered Condition 1). The Proffer allows, at the option of the Transportation Department, a reduction in the payments based on the cost of road improvements provided by the applicant. At this time, no specific road improvements have been identified. Staff supports the request. VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Jonathan Phillippe ( ) jonathan.phillippe@vdot.virginia.gov VDOT has no comment on this request. FIRE AND EMERGENCY MEDICAL SERVICES Staff Contact: Anthony Batten ( ) battena@chesterfield.gov Mission The mission of Fire and Emergency Medical Services (EMS) is to protect life, property and the environment through a comprehensive fire and life safety program that ensures an adequate and timely response to emergencies. Response Times The proposed development is located in the urban response zone for which Fire & EMS has a goal of responding to at least 90% of the calls for service in under seven (7) minutes. Fire and EMS is currently unable to meet that goal. Nearby Fire/EMS Facilities The Swift Creek Fire Station, Company Number 16 Anticipated Fire & EMS Impacts/Needs Based on an average of calls per dwelling, it is estimated that this development will generate 68 annual calls for Fire/EMS services. 8 16SN NOV15-BOS-RPT

9 Additional Fire and EMS Comments 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 Staff Contact: Atonja Allen ( ) Mission High performing, high quality public schools contribute to the quality of life and economic vitality of the County. The comprehensive plan suggests a greater focus should be placed on linking schools with communities by providing greater access, flexible designs and locations that better meet the needs of the communities in which they are located. Capital Improvements The School Board FY2018 adopted Capital Improvement Plan (CIP) continues to support the 2013 voter approved school revitalization program that will replace or renovate ten schools and construct one new elementary school to add capacity in the Midlothian area of the county. The ten existing facilities that are part of the revitalization program are Providence Middle School, Monacan High School, Manchester Middle School, Beulah Elementary School, Enon Elementary School, Matoaca Elementary School, Harrowgate Elementary School, Reams Elementary School, Crestwood Elementary School, and Ettrick Elementary School. The project at Providence Middle School is currently in construction, a new Manchester Middle School is planned for construction on the existing school site, and the project at Monacan High School is complete. Additional information on the CIP can be found in the financial section of the CCPS Adopted Budget for FY2018. Anticipated School Impacts Elementary Middle High Total (1) Anticipated Student Yield by School Type Schools Currently Serving Area Swift Creek Swift Creek Clover Hill Current Enrollment Building Capacity (2) Functional Capacity (3) Enrollment Percent of Total Functional Capacity Total Number of Trailers Number of Classroom Trailers Note: (1) Based upon average number of students per townhouse dwelling unit countywide at 0.41 students per unit. (2) Building capacity is the number of standard classrooms times the average class size of 25 students. (3) Functional capacity considers special programs occurring in the standard classrooms at less than average class size School Year Data Public Facilities Plan The Public Facilities Plan recommends a new elementary school be located in the vicinity of Old Hundred and Otterdale Roads, north of Genito Road and south of Midlothian Turnpike. In October 2016 the Board of Supervisors approved Case 17PD0105 for substantial accord to 9 16SN NOV15-BOS-RPT

10 permit an elementary school located at 1501 Old Hundred Road, and the school division has acquired this property. Post 2020, the Plan also recommends a new high school in the vicinity of Genito and Otterdale Roads northwest of Swift Creek Reservoir, however at this time a budget has not been developed for the acquisition of land or construction of this school facility as recommended in the Plan. Mission LIBRARIES Staff Contact: Jennifer Stevens ( ) stevensj@chesterfield.gov The public library system s role in the county has expanded beyond its traditional function as a resource for information and materials, and now serves as a community gathering place for educational, cultural and informational services; community support during emergencies; economic development; and revitalization activities. Nearby Libraries Clover Hill Midlothian Public Facilities Plan The Public Facilities Plan suggests the Clover Hill library should be expanded/replaced or a new facility shall be constructed in the general vicinity at or near current site. Land for expansion or replacement of this facility or new facility has been acquired. The Plan additionally recommends a new library in the vicinity of Genito and Otterdale Roads to address service gap and demand issues related to increases in population anticipated in this area of the county. Land for expansion or replacement of this facility or new facility has not been acquired. PARKS AND RECREATION Staff Contact: Stuart Connock ( ) ConnockS@chesterfield.gov To date, no comments have been received. UTILITIES Staff Contact: Jamie Bland ( ) blandj@chesterfield.gov The proposal s impacts on the County s utility system are detailed in the chart below: Water and Wastewater Systems Currently Size of Existing Line Connection Required by County Code? Serviced? Water No 8 Yes Wastewater No 8 Yes 10 16SN NOV15-BOS-RPT

11 Additional Information If the development exceeds 259 dwelling units, the developer will need to make all necessary adjustments to the sizing and slope of the existing sewer system in Old Hundred Mill Subdivision Section B to accommodate capacity for the development of up to 300 dwelling units on this property. (Proffered Condition 3, Case 07SN0281) ENVIRONMENTAL ENGINEERING Staff Contact: Rebeccah Ward ( ) WardR@chesterfield.gov This request will not impact these facilities SN NOV15-BOS-RPT

12 CASE HISTORY Applicant Submittals 12/28/15 Application submitted 8/7/17 Application amended 8/7, 9/21, Proffered conditions submitted 9/28 & 10/3/17 Community Meeting 9/11/17 Issues Discussed: Landscaping between individual driveways serving attached units Rear yard fences outside required open-space buffers Timing of clubhouse construction (prior to 51 st certificate of occupancy) Commencement of construction anticipated Spring 2018 Not an age-restricted community Citizen Comments: No citizens spoke to this request. Planning Commission Recommendation APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS IN ATTACHMENT 1 Motion: Freye Second: Wallin AYES: Sloan, Jackson, Freye, Jones and Wallin The Board of Supervisors on Wednesday, November 15, 2017, beginning at 6:00 p.m., will consider this request SN NOV15-BOS-RPT

13 ATTACHMENT 1 PROFFERED CONDITIONS October 3, 2017 Note: Both the Planning Commission and Staff recommend acceptance of the following proffered conditions, as offered by the applicant. With the approval of this request, Proffered Condition 2 of Case 07SN0281 shall be amended as outlined below. All other conditions of Case 07SN0281 shall remain in force and effect. The Applicant amends Proffered Condition 2 of Case 07SN0281 to read as follows: 1. Road Cash Proffer. a. The applicant, sub-divider, or assignee(s) shall pay $5,922 for each townhouse unit to the County of Chesterfield for road improvements within the service district for the property. b. Each payment shall be made prior to the issuance of a building permit for a dwelling unit unless state law modifies the timing of the payment. 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 determined by the County. c. At the option of the Transportation Department, cash proffer payments may be reduced for the cost of transportation improvements provided by the applicant, sub-divider, or assignee(s), as determined by the Transportation Department. (B & M) The Applicant offers the following additional proffered conditions: 2. Architectural/Design Elements for Townhouse Units. a. Driveways and Front Walks. i. Driveways: All portions of driveways and parking areas shall be brushed concrete, stamped concrete, exposed aggregate concrete or asphalt. Gravel driveways shall not be permitted. ii. Front Walks: A minimum of a three (3) foot wide concrete, or decorative pavers, front walk shall be provided to the front entrance of each dwelling unit, to connect to drives, sidewalks, or streets. b. Landscaping and Yards i. Front Yards: Except for the foundation planting bed, all front yards shall be sodded and irrigated SN NOV15-BOS-RPT

14 ii. Front Foundation Planting Beds: Foundation planting is required along the entire front façade of all dwelling units, and shall extend along all sides facing a street. Foundation planting beds shall be a minimum of three (3) feet wide from the unit foundation. Planting beds shall include medium shrubs spaced a maximum of four (4) feet apart. Unit corners shall be visually softened with vertical accent shrubs (4 5 ) or small evergreen trees (6-8 ) at the time of planting. iii. Landscaping. Landscaping shall be provided and maintained around the perimeter of all buildings, between buildings and driveways, within medians, and common areas, including open space along the rear of units. Landscaping shall comply with the requirements of the Zoning Ordinance and be designed to minimize the predominance of building mass and paved areas; define private spaces; and enhance the residential character of the development. The landscaping plan shall be approved at time of plans review with respect to the exact numbers, spacing, arrangement and species of plantings. iv. Landscape strip. A minimum twenty-four (24) inch landscaped or grassed strip shall be provided between the private driveways of the dwelling units. c. Architecture and Materials. i. Unless deviations are approved by the Planning Commission during plans review, the architectural treatment of the townhouse development shall be compatible and consistent with Exhibit A. ii. Other materials may be used for trim, architectural decorations, or design elements provided they blend with the traditional and cottage style architecture, as generally depicted on Exhibit A. iii. If the dwelling unit is constructed on a slab, brick or stone shall be employed around the base of the front and sides of the dwelling unit a minimum twenty-four (24) inches and on the rear of the dwelling unit a minimum eight (8) inches above grade to give the appearance of a foundation. iv. Dwelling units with the same elevations and color palette may not be adjacent to each other on the same street. v. Special focus units, typically located at the end of a street intersection, and/or against common open space, shall have an embellished façade with enhanced features. Embellished facades may include a mixing of materials, gables, dormers, entryway details, shutters, or other architectural features on the exterior that enhance the entry (i.e. decorative lintels, shed roof overhangs, arches, columns, keystones, eyebrows, etc.). These units may also utilize enhanced landscaping to 14 16SN NOV15-BOS-RPT

15 reinforce the streetscape, with shade trees, garden walls, hedges, shrubs, etc. to help define the front yard and street edge. d. Roof Material: Roofing material shall be standing seam metal or a thirty (30) year architectural dimensional shingles with algae protection. e. Porches and Stoops. f. Garages. i. Front Porches: Where elevated more than eight (8) inches, front entry stoops and front porches shall be constructed with continuous masonry foundation wall or on 12 x12 masonry piers. Extended front porches shall be a minimum of five (5) feet deep. Space between piers under porches shall be enclosed with framed lattice panels. Where provided or required by code on elevated porches, handrails and railings shall be finished painted wood, vinyl or metal railing with vertical pickets or swan balusters. Pickets shall be supported on top and bottom rails that span between columns. i. Front Porch Flooring: Porch flooring may be concrete, exposed aggregate concrete, or a finished paving material such as stone, tile or brick, finished (stained) wood, or properly trimmed composite decking boards. All front steps shall be masonry to match the foundation. i. Front loaded attached garages shall be permitted to extend as far forward from the front line of the main dwelling as the front line of the front porch provided that the rooflines of the porch and garage are contiguous. Where the rooflines are not contiguous, garages shall be permitted to project a maximum of two (2) feet forward of the front line of the main dwelling, provided that dwelling units with a first-floor master, shall be permitted to project a maximum of five (5) feet forward of the front line of the main dwelling. ii. Front loaded and corner side loaded garages shall use an upgraded garage door. An upgraded garage door is any door with a minimum of two (2) enhances features. Enhanced features shall include windows, raised panels, decorative panels, arches, hinge straps or other architectural features on the exterior that enhance the entry (i.e. decorative lintels, shed roof overhangs, arches, columns, keystones, eyebrows, etc.). Flat panel garage doors are prohibited. g. Heating, Ventilation and Air Conditioning (HVAC) Units and Whole House Generators. Units shall initially be screened from view of public roads by landscaping or low maintenance material, as approved by the Planning Department. (P) 15 16SN NOV15-BOS-RPT

16 3. Sidewalks: Sidewalks shall be provided on both sides of all public streets at general circulation where houses are fronting. A sidewalk shall be provided along the entire property line fronting South Old Hundred Road. (P) 4. Streetscape. 5. Fences. a. Large mature trees, planted approximately 40 on center, shall be provided along the Public Roads of front loaded lots and the Recreational Area, except where there is a conflict with utilities, sightlines, and driveway areas. b. Front yard post lights shall be provided for each townhouse. (P) a. Any rear yard fences constructed shall be fiber cement lumber, composite, and/or comparable material. The height of rear yard fences shall not exceed six (6) feet. b. Chain link fence shall be prohibited. (P) 6. Lighting. Light poles shall not exceed twenty (20) feet in height. (P) 7. Focal Point/Recreation Area. a. A minimum of two (2) acres of open space/recreation area shall be provided within this property to provide focal points. Part of each focal point area shall be hardscaped and have benches and other amenities that accommodate and facilitate gatherings. A portion of the focal points may include areas devoted to best management/storm water facilities. The focal points shall be developed concurrent with the phase of development that the focal point is intended to serve. b. Recreational space shall be provided and designed to include pedestrian scale amenities, such as, but not limited to: decorative paving units, benches, landscaped areas, plantings, gathering areas, community gardens, walking trails located within communal area or open space and other pedestrian elements. c. A minimum 2,000 square foot clubhouse to primarily serve the residents, shall also be provided. Prior to the issuance of a certificate of occupancy for 51 townhouse dwelling units, a building permit shall have been obtained for the clubhouse. Prior to the issuance of a certificate of occupancy for 100 townhouse dwelling units, the clubhouse shall have been issued a certificate of occupancy. (P) 8. Group of Lots. There shall not be more than eight (8) attached lots within a group of townhouses, and there shall be no more than six (6) groups of eight (8) attached lots. (P) 16 16SN NOV15-BOS-RPT

17 EXHIBIT A - ARCHITECTURAL ELEVATIONS ATTACHMENT SN NOV15-BOS-RPT

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21 APPROVED CONDITIONS (07SN0281) ATTACHMENT 3 1. Master Plan. The Textual Statement dated March 19, 2007 shall be the Master Plan. (P) 2. Cash Proffers. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit, for infrastructure improvements within the service district for the Property, $15, per dwelling unit, if paid prior to July 1, 2007, or the amount approved by the Board of Supervisors, not to \exceed $15, 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, 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) 3. Utilities. a. The public water and wastewater systems shall be utilized. b. To provide two water feed connection points for this site and the adjacent Old Hundred Mill Subdivision Section B, the developer shall connect the on-site water line to the existing eight (8) inch water line in Mill Meadow Drive and a second location to be determined by the developer s engineer and approved by the County Utilities staff. c. To the extent the development exceeds two hundred fifty-nine (259) dwelling units, the developer shall make all necessary adjustments to the sizing and slope of the existing sewer system in "Old Hundred Mill Subdivision Section B" to accommodate capacity for the development of up to three hundred (300) dwelling units on this property. (U) 4. 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. Except for clearing for roads and utilities, any such timbering shall be phased to coincide with the phasing of development. (EE) 5. No Sole Access. No lots shall have sole vehicular access through Old Hundred Mill Subdivision. (P) 6. Overall Density. The aggregate density on the Property shall not exceed three hundred (300) dwelling units. (P) 7. Buffers. All required buffers shall be located within recorded open space. (P) 21 16SN NOV15-BOS-RPT

22 8. Materials. The exterior facades of all homes shall be of brick, stone or vinyl siding having a minimum thickness of mils, or a combination of the foregoing. Masonite siding shall not be utilized. (P & BI) 9. Restrictive Covenant. The following restrictive covenants shall be recorded prior to, or in conjunction with, the recordation of any subdivision plat: a. The required homeowners association for the townhome development shall be responsible for the maintenance of the exteriors of homes as follows: (a) painting, repair, maintenance and replacement of gutters and downspouts; (b) maintenance of roofs, shingles, sheathing and felt; and (c) exterior building wall surfaces (exclusive of doors and windows). b. The style and color of any front-loading garage doors shall be designed to deemphasize their appearance from the street through the use of color, architectural elements and design, and architectural fenestration as determined by the Board of Directors or Architectural Review Committee of the required Homeowners? association. (P) 10. Transportation. a. Direct vehicular access from the Property to Old Hundred Road shall be limited to one (1) public road that aligns Brandermill Parkway. b. To the extent not provided by others, the developer shall be responsible for: i. the construction of right and left turn lanes at the intersection of Old Hundred Road and the approved public road intersection, based on Transportation Department standards; ii. iii. the full cost of traffic signalization, if warranted as determined by the Transportation Department, of the Brandermill Parkway/Old Hundred Road intersection; and 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. c. Prior to any construction plan approval, a phasing plan for the improvements identified in Proffered Condition 10 shall be submitted to and approved by the Transportation Department. d. In conjunction with recordation of the initial subdivision plat, prior to any site plan approval, or within sixty (60) days from the date of a written request by the Chesterfield County Public Schools, whichever occurs first, that portion of rightof-way for the access road to the proposed Clover Hill High School as substantially shown on Exhibit A attached hereto and made a part hereof, shall 22 16SN NOV15-BOS-RPT

23 be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. e. All roads that accommodate general traffic circulation, as determined by the Transportation Department, shall be constructed to VDOT standards and accepted into the State System. f. In conjunction with recordation of the initial subdivision plat, or within sixty (60) days from a written request by the Transportation Department, whichever occurs first, forty-five (45) feet of right-of-way along the easterly side of Old Hundred Road, measured from the existing centerline of that part of Old Hundred Road immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 11. Additional Landscaping. In order to substantially mitigate the view of the back of the townhomes as seen from the intersection of Old Hundred Road and Brandermill Parkway Extended, landscaping at two times the density of Perimeter Landscaping C as set forth in the Zoning Ordinance shall be provided within the thirty (30) foot buffer for a distance of one hundred fifty (150) feet along Brandermill Parkway Extended from said intersection. (P) 12. Minimum Square Footage. Each dwelling unit shall have a minimum of one thousand five hundred (1,500) square feet of gross floor area. At the time of complete development, a minimum of sixty percent (60%) of the dwelling units shall have a minimum of one thousand seven hundred (1,700) square feet of gross floor area. The developer shall maintain a record of the gross floor area of each dwelling unit and shall provide such list when and as requested by the County. (P) 13. Construction Access. Mill Meadow Drive shall not be used as a construction access for the initial development of the Property. (P) 23 16SN NOV15-BOS-RPT

24 APPROVED TEXTUAL STATEMENT (07SN0281) ATTACHMENT 4 SECOND AMENDED AND RESTATED TEXTUAL STATEMENT CASE NO. 07SN0281 March 19, 2007 This is a request to rezone 59.4 acres of the Property under consideration to RTH with a Conditional Use Planned Development (CUPD) that will permit development of a townhouse community with the following exceptions: a. required parking for townhouses may include one (1) space within a townhome unit s garage; and b. driveways and parking areas for individual townhomes shall not be required to have curb and gutter nor be set back a minimum distance from the right-of-way of any existing or proposed public road 24 16SN NOV15-BOS-RPT