COUNTY OF PRINCE WILLIAM

Transcription

1 Craig S. Gerhart County Executive TO: FROM: THRU: RE: COUNTY OF PRINCE WILLIAM BOARD OF COUNTY SUPERVISORS OFFICE OF EXECUTIVE MANAGEMENT Corey A. Stewart, Chairman 1 County Complex Court, Prince William, Virginia Martin E. Nohe, Vice Chairman (703) Metro FAX: (703) Hilda M. Barg Maureen S. Caddigan W.S. Wally Covington, III John D. Jenkins Michael C. May John T. Stirrup The Prince William Board of County Supervisors Stephen K. Griffin, AICP Director of Planning Craig S. Gerhart County Executive July 5, 2007 Rezoning #PLN , Jennell Estates Brentsville Magisterial District I. Background is as follows: A. Request - This is a request to rezone +/ acres on five parcels from A-1, Agricultural, to PMR-Low, Planned Mixed Residential District, to develop a maximum of 65 single-family detached dwelling units at a density of +/ d/u per gross area or +/ d/u per net acre. B. Site Location - The site is located along the north side of Jennell Drive approximately 500 feet east of Devlin Road. C. Timing - The Board had until June 7, 2007 to fulfill the Zoning Ordinance requirement that the case receive final action within one year of receipt by the County; however, the applicant has requested extension of the one year review time for this application. D. History The Planning Commission, at their December 20, 2006 public hearing, deferred this application so that off-site improvements could be coordinated further between the applicant and the developer of REZ #PLN , Breda & McDermott Properties. The Commission then heard this case again on May 2, 2007, in which it recommended approval, subject to proffers dated April 13, An Equal Opportunity Employer

2 Board of County Supervisors Staff Report July 5, 2007 Page 2 E. Comprehensive Plan - The site is designated as FEC, Flexible Use Employment Center, and ER, Environmental Resource, on the Long- Range Land Use Plan Map of the Comprehensive Plan. A comprehensive plan amendment, CPA #PLN , Jennell Drive Residential, initiated by the Board March 14, 2006, and recommended for approval by the Planning Commission at their December 20, 2006 public hearing, requests a change in the Long-Range Land Use to SRL, Suburban Residential Low, and ER. F. Zoning/Acreage - The subject property is zoned A-1, Agricultural and consists of five parcels on approximately 22 acres, identified on County maps as GPINs , , , , and G. Surrounding Land Use & Zoning - The property is bounded by industrial uses, single-family dwellings and vacant land to the north and east, singlefamily dwelling units and Devlin Road to the west, and Jennell Drive and a proposed development, Rezoning #PLN , Breda & McDermott Properties which calls for construction of 38 single-family detached units to the south. II. Current Situation is as follows: A. Planning Commission Recommendation The Planning Commission, at its May 2, 2007 public hearing, recommended approval of Rezoning #PLN , Jennell Estates, subject to proffers dated April 13, The Planning Office received new proffers from the applicant on June 29, 2007, which added language saying that the applicant will relocate the driveway at 8033 Devlin Road subject to the owners consent. Staff concurs with these changes and recommends approval subject to the proffers dated June 28, See Attachment B for the staff analysis and Attachment C for the proposed proffers. B. Board of County Supervisors Public Hearing - A public hearing before the Board of County Supervisors has been advertised for July 10, III. Issues are as follows:

3 Board of County Supervisors Staff Report July 5, 2007 Page 3 A. Comprehensive Plan 1. Long-Range Land Use Is the rezoning consistent with the overall Long-Range Land Use Plan for the area? 2. Level of Service How does the proposal address the Policy Guide for Monetary Contributions effective June 1, 2004, the policy in effect upon acceptance of this application? B. Community Input Have members of the community been notified of this proposal and have they raised any issues? C. Legal Uses of the Property What uses are allowed on the property? How will legal issues resulting from Board action be addressed? D. Timing Is there a time limit for the Board to take action on this proposal? IV. Alternatives, beginning with the staff recommendation, are as follows: A. Approve Rezoning #PLN , Jennell Estates, subject to proffers dated June 28, 2007, provided CPA #PLN , Jennell Drive Residential, is also approved. 1. Comprehensive Plan a) Long-Range Land Use The requested PMR zoning would implement the SRL land use classification that is proposed with the accompanying Comprehensive Plan amendment for the site. The proposed use and density are consistent with the SRL and ER designations. b) Level of Service The proposed rezoning will have service delivery impacts for water quality monitoring, fire and rescue, libraries, parks and open space, schools, transportation services, and housing. The proffers will mitigate these impacts through monetary contributions as follows: Service Transportation: Total

4 Board of County Supervisors Staff Report July 5, 2007 Page 4 65 Single-family $8,770 $570,050 (unless off-site improvements are constructed). Parks and Recreation: 65 Single-family $3,972 $258,180 Environment (Water Quality Monitoring): $1, $75.00/ac. Libraries: 65 Single-family $551 $35,815 Fire and Rescue: 65 Single-family $753 $48,945 Schools: 65 Single-family $8,939 $581,035 Affordable Housing: $16, $250/unit TOTAL $1,511,907 These amounts are consistent with the Policy Guide for Monetary Contributions effective June 1, In lieu of the transportation contribution, the applicant has proffered contributions to their share of off-site road improvements to Devlin Road, which they will construct also with funds from the developer of Rezoning #PLN , Breda & McDermott Properties. 2. Community Input Notice of this rezoning application was transmitted to property owners within 200 feet of the site. The Planning Office has received comments from one adjacent property owner requesting that the applicant provide a 100 buffer, so that they would not have to provide a buffer for planned industrial uses. There were 8 citizens who spoke at the Planning Commission public hearing with concerns about traffic, storm water flows, piping, guardrails and school overcrowding. The proffers address these concerns. 3. Legal Uses of the Property The property would be available for uses allowed in the PMR zoning district with a maximum of 65 single-family detached units subject to proffers. Legal issues

5 Board of County Supervisors Staff Report July 5, 2007 Page 5 resulting from Board action would be addressed by the County Attorney. 4. Timing This case had to be decided by the Board on June 7, 2007 to fulfill the Zoning Ordinance requirement that the case receive final action within one year of receipt by the County; however, the applicant has requested an extension of the one year review time for this application. B. Deny Rezoning #PLN , Jennell Estates. 1. Comprehensive Plan a) Long-Range Land Use Plan The property would continue to be designated FEC and ER unless the companion CPA is approved, in which case the property would be designated SRL and ER. The current A-1 zoning is inconsistent with the FEC and ER designations of the property and would also be inconsistent with the SRL designation proposed with the companion CPA should it be approved. b) Level of Service Denial of the rezoning would not have any impact on the existing level of service. 2. Community Input Notice of this rezoning application was transmitted to property owners within 200 feet of the site. The Planning Office has received comments from one adjacent property owner requesting that the applicant provide a 100 buffer, so that they would not have to provide a buffer for planned industrial uses. There were 8 citizens who spoke at the Planning Commission public hearing with concerns about traffic, storm water flows, piping, guardrails and school overcrowding. The proffers address these concerns. 3. Legal Uses of the Property The subject property could be used for permitted uses in the A-1 zoning district. Legal issues resulting from Board action would be addressed by the County Attorney. 4. Timing This case had to be decided by the Board on June 7, 2007 to fulfill the Zoning Ordinance requirement that the case receive final action within one year of receipt by the County; however, the applicant has requested an extension of the one year review time for this application.

6 Board of County Supervisors Staff Report July 5, 2007 Page 6 V. Recommendation The Board should accept Alternative A and approve the attached ordinance. Staff: David McGettigan, AICP, Attachments: A. Area Maps B. Staff Analysis C. Applicant s Submission: Proposed Proffer Statement, Master Zoning Plan D. Planning Commission Resolution

7 MOTION: July 10, 2007 Regular Meeting SECOND: Ord. No. RE: REZONING #PLN , JENNELL ESTATES BRENTSVILLE MAGISTERIAL DISTRICT ACTION: WHEREAS, this is a request to rezone +/- 22 acres from A-1, Agricultural, to PMR-Low, Planned Mixed Residential, Low Density; and WHEREAS, the site is located on the north side of Jennell Drive, approximately 500 feet east of its intersection with Devlin Road; and WHEREAS, the site is identified as GPINs , , , , and , and is designated Flexible Use Employment Center and Environmental Resource in the Comprehensive Plan; and WHEREAS, staff has reviewed the subject application and recommends approval, as stated in the staff report; and WHEREAS, the Planning Commission, at its public hearing on May 2, 2007, recommended approval, as stated in Res. No ; and WHEREAS, a Board of County Supervisors public hearing, duly advertised in a local newspaper for a period of two weeks, was held on July 10, and interested citizens were heard; and WHEREAS, general welfare and good zoning practice are served by the approval of this application; NOW, THEREFORE, BE IT ORDAINED that the Prince William Board of County Supervisors does hereby approve REZ #PLN , Jennell Estates, subject to the proffers dated June 28, 2007, provided CPA #PLN , Jennell Drive Residential, is also approved. BE IT FURTHER ORDAINED that the Board of County Supervisors approval and adoption of any conditions does not relieve the applicant and/or subsequent owners from compliance with the provisions of any applicable ordinances, regulations, or adopted standards.

8 Votes: Ayes: Nays: Absent from Vote: Absent from Meeting: For information: Planning Director Mark Viani, Esquire 1750 Tysons Blvd, Suite 1800 McLean, VA CERTIFIED COPY Clerk to the Board

9 Attachment A Area Maps VICINITY MAP Page A-1

10 Attachment A Area Maps AERIAL MAP Page A-2

11 Attachment A Area Maps EXISTING ZONING MAP Page A-3

12 Attachment A Area Maps EXISTING LONG-RANGE LAND USE MAP Page A-4

13 Attachment B Staff Analysis Part I. Summary of Comprehensive Plan Consistency Staff Recommendation: Approval The following is a staff summary of staff s analysis of this applicant s request. This analysis is also based on the relevant Comprehensive Plan action strategies, goals, and policies. A complete analysis is provided in Part II of this report. Plan Consistency Reasons Long-Range Land Use Yes The proposed density is within the range of 1-4 dwelling units per acre contemplated in the SRL, but is not at the low end of the density range adjacent to the ER portion of the site. Community Design Yes Proffered plans provide a cohesive residential development; appropriate buffers are provided and recreational areas and a trail are proffered for the development as shown on the MZP. Cultural Resources Yes The findings of a record check indicate there are no known cultural resources on this site. Environment Yes The development provides 6.53 acres of open space (30%); proffers include the recommended contribution for water quality monitoring. Fire and Rescue Yes Proffers include the recommended LOS contribution for fire and rescue services. However, the development is outside the response time and the station is near capacity. Housing Yes Proffers include the recommended contribution to the Housing Preservation and Development Fund. Library Yes Proffers include the recommended LOS contribution for library services. Parks and Open Space Yes Proffers include the recommended LOS contribution for parks and recreation; on-site recreational amenities are proffered. Page B-1

14 Attachment B Staff Analysis Plan Consistency Reasons Police Yes No issues have been identified regarding the Police Plan. Potable Water Yes Proffers include the provision of sufficient public water at the applicant s expense. Schools Yes Proffers include the recommended LOS contribution for schools. Sewer Yes Proffers include the provision of sufficient public sewer at the applicant s expense. Transportation Yes Proffers include the recommended LOS contribution for transportation or construction of off-site improvements to Devlin Road; proffered improvements include improvements to Jennell Drive. Waiver approved to exceed cul-de-sac VPD. Page B-2

15 Attachment B Staff Analysis Part II. Comprehensive Plan Consistency Analysis The following table summarizes the area characteristics: Direction Land Use Long Range Future Land Use Map Designation North South West East Industrial uses, vacant land, singlefamily residential Jennell Drive, vacant land, single-family residential Detached single-family dwellings, Devlin Road. Vacant land, Barrett s Crossing subdivision. Zoning FEC M-2, A-1 SRL A-1 ER, FEC A-1 FEC A-1, R-4 Long-Range Land Use Plan Analysis Through wise land use planning the County ensures that landowners are provided a reasonable use of their land while the County is able to judiciously use its resources to provide the services its residents and employers need. The Long Range Land Use Plan sets out policies and action strategies that further the County s goal of providing a land use pattern that encourages fiscally sound development and achieves a high quality living environment. In addition to delineating land use designations on the Long Range Land Use Map, the plan includes recommendations relating to ensuring adequate land for economic development opportunities, providing for a diverse housing market, protecting against the encroachment of incompatible land uses, encouraging infill development within the Development Area, protecting environmentally sensitive lands, promoting mixed use development where appropriate, encouraging the provision of adequate public facilities for existing and planned development, preserving valuable open space and environmental resources, encouraging higher density development near existing and future transit facilities, and utilizing the sector planning process to provide more detailed recommendations where appropriate. The site is located within the Development Area of the County, and is classified FEC, Flexible Use Employment Center, and ER, Environmental Resource in the Comprehensive Plan. However, companion Comprehensive Plan Amendment CPA #PLN , Jennell Drive Residential, proposes to re-designate this property as SRL, Suburban Residential Low, and ER in the Comprehensive Plan. The current longrange land use designations for this property allow for the following uses: Page B-3

16 Attachment B Staff Analysis Long-Range Land Use Plan Classification Flexible Use Employment Center, FEC Land Uses Intended The purpose of the Flexible Use Employment Center classification is to provide for areas of employment uses situated on individual sites or in campus-style parks. Primary uses in the FEC classification are light manufacturing, start-up businesses, small assembly businesses, and office uses (including government offices, particularly those for Prince William County agencies). Retail and/or retail service uses shall be considered secondary uses and shall represent no greater than 10 percent of the total FEC project area. These retail/retail service uses shall be so located on a site that their primary purpose is to support the needs of those employed within that FEC project. Warehousing, wholesale, storage and/or distribution uses shall also be considered secondary uses within any FEC project. Outdoor storage shall also be considered a secondary use and shall be limited to no more than 10 percent of the land area of the FEC project. Within an FEC designated project, the more intense uses shall be located in the core of the area and the less intense uses (excluding outdoor storage) at the periphery, to act as a transition between the FEC project and adjacent areas designated or developed for different uses. Office development in FEC areas is encouraged to be in accordance with the Illustrative Guidelines for Office Development, provided as a supplement to the Community Design Plan chapter of the Comprehensive Plan. Page B-4

17 Attachment B Staff Analysis Environmental Resource, ER This classification is explained and defined in detail within the Environment Plan. Therein are located goals, policies, action strategies, and other Plan components designed to protect the sensitive nature of the identified resources. Environmental Resources include all 100-year floodplains as determined by the Federal Emergency Management Act (FEMA) Flood Hazard Use Maps or natural 100-year floodplains as defined in the Design and Construction Standards Manual and Resource Protection Areas (RPAs) as defined by the Chesapeake Bay Preservation Act. In addition, areas with 25 percent or greater slopes, areas with 15 percent or greater slopes in conjunction with soils that have severe limitations, soils with a predominance of marine clays, public water supply sources, and critically erodible shorelines and stream banks are considered environmental resources. While the Long-Range Land Use Plan Map ER designation does not currently depict all of these sensitive environmental resource areas, resource areas shall be added to the Long-Range Land Use Plan Map where studies have shown such addition to be appropriate. The long-range land use designation of the property proposed in companion CPA #PLN , Jennell Drive Residential allows for the following uses: Long-Range Map Designation Suburban Residential Low, SRL Land Uses Intended The purpose of the Suburban Residential Low classification is to provide for housing opportunities at a low suburban density. The housing type in this classification is single-family detached, but up to 25 percent of the total land area may be single-family attached. The density range in SRL projects is 1-4 units per gross acre, less the ER Environmental Resource designated portion of a property. Cluster housing and the use of the planned unit development concept may occur, provided that such clustering and planned district development furthers valuable environmental objectives as stated in EN-Policy 1 and EN-Policy 4 of the Environment Plan. Page B-5

18 Attachment B Staff Analysis ER, Environmental Resources This classification is explained and defined in detail within the Environment Plan. Therein are located goals, policies, action strategies, and other Plan components designed to protect the sensitive nature of the identified resources. Environmental Resources include all 100-year floodplains as determined by the Federal Emergency Management Act (FEMA) Flood Hazard Use Maps or natural 100-year floodplains as defined in the Design and Construction Standards Manual and Resource Protection Areas (RPAs) as defined by the Chesapeake Bay Preservation Act. In addition, areas with 25 percent or greater slopes; areas with 15 percent or greater slopes in conjunction with soils that have severe limitations; soils with a predominance of marine clays; public water supply sources; and critically erodible shorelines and stream banks are considered environmental resources. While the Long-Range Land Use Plan Map ER designation does not currently depict all of these sensitive environmental resource areas, resource areas shall be added to the Long-Range Land Use Plan Map where studies have shown such addition to be appropriate. This is a request to rezone the subject properties from A-1, Agricultural, to PMR, Planned Mixed Residential - Low, to develop a maximum of 65 single-family detached residential units. The 65 dwelling units are proposed on acres of which 1.55 acres is designated ER for a net acreage of +/ acres and a net density of +/ dwelling units per acre. The density for the total acreage is 2.99 d/u per gross acre. Proposal s Strengths Land Use and Zoning The site is designated FEC, Flexible Use Employment Center, and ER, Environmental Resource in the Comprehensive Plan. However, the applicant has submitted a companion Comprehensive Plan Amendment (CPA) to change the designation of this site to SRL, Suburban Residential Low and ER, Environmental Resource. If the CPA is approved, then the requested PMR zoning district is intended to implement the SRL classification of the Long-Range Land Use Plan. Proposal s Weaknesses Proposal Inconsistent Unless Concurrent CPA is Approved - If the companion Comprehensive Plan Amendment is not approved, this proposal would be inconsistent with the existing FEC and ER designations Page B-6

19 Attachment B Staff Analysis Density Adjacent to ER Designated Land Density is encouraged to be at the low end of the density range when a development abuts RPA and ER. There is no reduction in density in this proposal or an increase in lot size for lots abutting the RPA and ER designated land. On balance, this application is found to be consistent with the relevant components of the Long-Range Land Use Plan. Community Design Plan Analysis An attractive, well-designed County will attract quality development, instill civic pride, improve the visual character of the community, and create a strong, positive image of Prince William County. The Community Design Plan sets out policies and action strategies that further the County s goals of providing quality development and a quality living environment for residents, businesses and visitors, and creating livable and attractive communities. The plan includes recommendations relating to building design, site layout, circulation, signage, access to transit, landscaping and streetscape, community open spaces, natural and cultural amenities, stormwater management, and the preservation of environmental features. Proposal s Strengths Unification Between Phases An internal pedestrian trail is proffered as shown on the MZP that will connect the two phases of the project. Landscaping and Buffers Landscaping and buffers (minimum width of 50 feet along northern periphery of site, and 50 feet around intermittent stream) are shown on the proffered preliminary landscape plan. Buffers shall be undisturbed except for utility crossings, pedestrian access, and additional planting. Proposal s Weaknesses Sign Design No designs for signage have been provided by the applicant. On balance, this application is found to be consistent with the relevant components of the Community Design Plan. Page B-7

20 Attachment B Staff Analysis Cultural Resources Plan Analysis Residents of and visitors to Prince William County are aware of the important links of the County today with the rich heritage of the past because of the preservation and enhancement of our cultural resources. The Cultural Resources Plan sets out policies and action strategies that further the County s goal of identifying and protecting our historical, archaeological, architectural and cultural resources, including those significant to our minority community, for the benefit of citizens and visitors. The plan includes recommendations relating to the identification of assets, preservation through the use of federal, state, local, and private initiatives, mitigation of negative impacts, and public education/awareness programs. Proposal s Strengths No Existing Cultural Resources Identified No cemeteries or cultural resources are suspected to exist on the site. Proposal s Weaknesses None identified. On balance, this application, as proffered, is found to be consistent with the relevant components of the Cultural Resources Plan. Environment Plan Analysis Prince William County has a diverse natural environment, extending from sea level to mountain crest. Sound environmental protection strategies will allow the natural environment to co-exist with a vibrant, growing economy. The Environment Plan sets out policies and action strategies that further the County s goal of preserving, protecting and enhancing significant environmental resources and features. The plan includes recommendations such as the incorporation of environmentally sensitive development techniques, improvement of air quality, identification of problematic soil issues, preservation of native vegetation, enhancement of surface and groundwater quality, limitations on impervious surfaces, and the protection of significant viewsheds. About 7% of this 21.7-acre site (about 1.5 acres) is mapped as Resource Protection Area (RPA) and ER (Environmental Resource) per Chesapeake Bay overlay maps. This site is located in Subwatershed #260, which drains into an unnamed tributary of Broad Run in the Broad Run watershed. One perennial stream and one intermittent stream are found on the site and identified in the ECA. Page B-8

21 Attachment B Staff Analysis A Perennial Flow Determination (PFD), # R00S02, and Preservation Area Site Assessment (PASA), # R00S02, have been approved for this site. Also, a wetland assessment of the site has been performed. A variety of soils are mapped on this site. The majority of soils mapped on this +/-22- acre site are considered suitable for building development, however soils mapped in the eastern portion of the site (including 48A and 17A) are considered poorly suited or not suited to building development and will also require a geotechnical study. No endangered species are identified on the site. Area for a storm water management pond is provided at the western side of the site. Proposal s Strengths Water Quality Monitoring - The applicant has proffered to contribute $75.00 per acre for water quality monitoring and/or stream restoration. Stormwater/Best Management Facility - The applicant has proffered to provide an on-site SWM/BMP facility unless the requirements can be fulfilled off-site. The location of the on-site facility is shown on the master zoning plan. Geotechnical Study - The Applicant has proffered for a Geotechnical Report to be prepared by a qualified geotechnical engineer and reviewed at the time of final site plan review. Stream Bufffers A minimum 50-foot buffer with tree-protection fencing is proffered around the existing intermittent stream in the central portion of the site. Proposal s Weaknesses Sensitive Soil Soils 48A and 17A are mapped on the eastern portion of the site, and are poorly suited to building development. On balance, this application is found to be consistent with the relevant components of the Environment Plan. Page B-9

22 Fire and Rescue Plan Analysis Attachment B Staff Analysis Quality fire and rescue services provide a measure of security and safety that both residents and businesses have come to expect from the County. The Fire and Rescue Plan sets out policies and action strategies that further the County s goal of providing timely response to fire, medical, hazardous material and natural disaster emergencies. The plan includes recommendations relating to equipment and facility needs to meet desired levels of service and encouraging the use of fire and safety features beyond the minimum required by the Virginia Uniform State Building Code. The proposed new development is 5.5 minutes from the Linton Hall Fire and Rescue Station #25. It is outside the travel time LOS standard for fire and rescue facilities. With the addition of this development, the anticipated station load will increase, but not exceed the capacity for this station. Proposal s Strengths Monetary Contribution The proffers include the recommended LOS contribution for fire and rescue purposes. Proposal s Weaknesses Level of Service The site lies outside the travel time LOS (level of service) standard of 4.5 minutes for fire and rescue facilities. The proposed development lies 5.5 minutes from the closest fire and rescue station, Linton Hall Fire & Rescue Station #25. The Station however has not exceeded capacity. On balance, this application is found to be consistent with the relevant components of the Fire and Rescue Plan. Housing Plan Analysis Prince William County is committed to clean, safe and attractive neighborhoods for all its residents, and the elimination of neighborhood blight and substandard housing. The Housing Plan sets out policies and action strategies that further the County s goal of identifying locations and criteria for the provision of diverse housing opportunities for all segments of our population and to promote economic development. The plan includes recommendations relating to neighborhood preservation and improvement, affordable housing, special needs housing, and public/private partnerships to address housing needs. Page B-10

23 Attachment B Staff Analysis Proposal s Strengths Housing Trust Fund - A proffer of $ per dwelling unit is proposed by the applicant as a contribution to the Housing Preservation and Development Fund. Proposal s Weaknesses None identified. On balance, this application is found to be consistent with the relevant components of the Housing Plan. Library Plan Analysis Access to a variety of information is a valuable service provided by the County. The Library Plan sets out policies and action strategies that further the County s goal of providing adequate library facilities and information resources to our residents. The plan includes recommendations relating to siting criteria, appropriate levels of service, and land use compatibility. Level of service (LOS) standards for library services are measured by the per capita facility, site, and volume standards, applied to the number of new residences to be developed at a particular site for which a rezoning is sought. Application of these LOS standards has determined that, countywide, six new libraries will be needed by the year 2020 to provide adequate public library facilities for current and anticipated future populations. The level of service standards are contained in the Comprehensive Plan. The full service library nearest the proposed project area is Bull Run Regional Library located at 8501 Ashton Avenue, Manassas. There are no plans to build a new, fullservice library in this service area. Library officials have estimated that the proposed development will generate a need for additional library space and for new books and periodicals. Proposal s Strengths Monetary Contribution - The applicant has proffered a monetary contribution of $ per dwelling unit to meet the library needs that will be created by the development. Page B-11

24 Attachment B Staff Analysis Proposal s Weaknesses None identified. On balance, this application is found to be consistent with the relevant components of the Library Plan. Parks and Open Space Plan Analysis Parks provide needed recreational outlets for County residents and visitors and preserve trees and green space, making the County more attractive to those who live, work and play here. The Parks and Open Space Plan sets out policies and action strategies that further the County s goal of providing a recreation system with sufficient quantity, quality and variety for our citizens, and maintaining the facilities within that system to the degree required for its effectiveness. The plan includes recommendations relating to the size, type and number of parks, trails and greenways, and siting criteria. The proposed residential development is near the following park facilities: Park Type Neighborhood Community Regional Special Use Greenway Park Name None Valley View Park James S. Long Regional Park and Ben Lomond Regional Park/Splashdown Waterpark Prince William Golf Course and General s Ridge Golf Course none Application of these LOS standards has determined that countywide, 2,280 acres of additional neighborhood, community, regional and special use parks will be needed by the year 2020 to provide an adequate inventory of parks, playgrounds, and recreational facilities for existing and anticipated future populations. The site and characteristic standards for various types of parks are contained in the Comprehensive Plan. Development of the site as proposed will generate a need for 3.0 acres of public parkland. The applicant proposes two unidentified recreational facilities and a trail on the central common area identified on the MZP as Recreation Facility and 6 trail. Page B-12

25 Attachment B Staff Analysis Proposal s Strengths Monetary Contribution - The applicant has proffered a monetary contribution of $3,972 per single-family unit to meet the parks and recreation needs that will be created by the development. Recreational Facilities The applicant proffers two recreational facilities as shown on the MZP on the north-central portion of the site. The two facilities are linked by a pedestrian trail, which also links to the two public streets within the proposed development. Proposal s Weaknesses None identified. On balance, this application is found to be consistent with the relevant components of the Parks and Open Space Plan. Police Plan Analysis Residents and businesses expect a high level of police service for their community. This service increases the sense of safety and protects community investments. The Police Plan is designed to promote Prince William County s public safety strategic goal to continue to be a safe community, reduce criminal activity, and prevent personal injury and loss of life and property, as well as to ensure effective and timely responses throughout the County. In order to maintain low response times and minimize the amount of crime, this chapter encourages funding and locating future police facilities to maximize public accessibility and police visibility as well as to permit effective, timely response to citizen needs and concerns. The chapter recommends educational initiatives, such as Neighborhood and Business Watch, and Crime Prevention through Environmental Design (CPTED), which encourages new development to be designed in a way that enhances crime prevention and effective. The chapter also encourages reliable public safety communications linking emergency responders in the field with the Public Safety Communications Center and ultimately to the public. The methodology for determining equitable monetary contributions for new development is currently under development and will be incorporated into staff analyses upon approval by the Board of County Supervisors. Proposal s Strengths Safety and Security Measures - The Police Department has recommended the safety and security measures that should be incorporated into the design of the site. No significant impact to police services is anticipated. Page B-13

26 Attachment B Staff Analysis Proposal s Weaknesses None identified. On balance, this application is found to be consistent with the relevant components of the Police Plan. Potable Water Plan Analysis A safe, dependable drinking water source is a reasonable expectation of County residents and businesses. The Potable Water Plan sets out policies and action strategies that further the County s goal of providing an economically and environmentally sound drinking water system. The plan includes recommendations relating to system expansion, required connections to public water in the Development Area, and the use of private wells or public water in the Rural Area. The subject site is located within the Development Area. Public water is available in Jennell Drive to the east of the subject property as an 8-inch main and at Devlin Road as a 12-inch main. A loop closure between these two mains will be required for system reliability to serve the proposed development. Additional water main construction may be required in order to provide required fire protection hydrant coverage and fire flows. Proposal s Strengths Connection to Public Water System - The Zoning Ordinance requires connection to the public water system. The applicant has proffered to fund the costs of construction of required on and off-site improvements. Proposal s Weaknesses None identified. On balance, this application is found to be consistent with the relevant components of the Potable Water Plan. Page B-14

27 Attachment B Staff Analysis Schools Plan Analysis A high-quality education system serves not only the students and their families, but the entire community by attracting employers who value educational opportunities for their employees. The Schools Plan sets out policies and action strategies that further the County s goal of providing quality public education to our school-aged population. The plan includes recommendations relating to facility size and location, siting criteria, compatible uses, and community use of school facilities. The proposed residential development is near the following schools: Name Enrollment Capacity Victory Elementary School (96.5%) Marsteller Middle School 1,722 1,233 (139.7%) Stonewall Jackson High School 2,107 2,409 (87.5%) *Note: Gainesville Middle School will open in September of This school will alleviate overcapacity at Marsteller Middle School. School officials have determined that the proposed development will generate 44 new school students, as follows: Unit Type Single-family Elementary school, Grades K-5 20 Middle school, Grades High school, Grades Total 44 Proposal s Strengths Monetary Contribution - A monetary contribution of $8,939 per single-family unit for schools has been proffered by the applicant. Proposal s Weaknesses None identified. On balance, this application is found to be consistent with the relevant components of the School Plan. Page B-15

28 Attachment B Staff Analysis Sewer Plan Analysis Appropriate wastewater and sanitary facilities provide needed public health and environmental protections. The Sewer Plan sets out policies and action strategies that further the County s goal of providing an economically and environmentally sound sanitary and stormwater sewer system. The plan includes recommendations relating to system expansion and required connections to public sewer in the Development Area. The subject site is located within the Development Area. Public sewer exists along the western property line and also in Jennell Drive to the east of the subject property. Offsite construction and possibly off-site easements will be required. Proposal s Strength Connection to Public Sewer System - The Zoning Ordinance requires connection to the public sewer system. The applicant has proffered to connect the development to the public sewer system. Proposal s Weaknesses None identified. On balance, this application is found to be consistent with the relevant components of the Sewer Plan. Transportation Plan Analysis By providing a multi-modal approach to traffic circulation, Prince William County promotes the safe and efficient movement of goods and people throughout the County and surrounding jurisdictions. The Transportation Plan sets out policies and action strategies that further the County s goal of providing a complete, safe and efficient multimodal circulation system that includes sufficient capacity to meet the demands placed upon it. The plan includes recommendations relating to improving existing service levels, increasing capacity of the existing system, minimizing negative impacts to environmental and cultural resources, supporting targeted industries and major activity centers, exploring innovative funding mechanisms, promoting regional approaches to transportation issues, and promoting transit opportunities. At a minimum, projects should include strategies that result in a Level of Service (LOS) of D or better on all roadways, the dedication of planned rights-of-way, the provision of pedestrian pathways, and access to mass transit and other commuter facilities, as appropriate. Page B-16

29 Attachment B Staff Analysis The subject property fronts on the north side of Jennell Drive (Rt. 1705), which is a 2- lane roadway, near its intersection with Devlin Road. The County model reflects a proposed level of service on both road segments of no lower than LOS D, notwithstanding the addition of the 65 units proposed in this rezoning application. The applicant proposes to construct two new public streets, both within the proposed development. A TIA deferral was granted because the projected trip generation is below the threshold requiring a TIA at the application phase. Requests for PMR zoning allow the applicant to request waivers and modifications from the Zoning Ordinance and the Design and Construction Standards Manual (DCSM) standards as part of the rezoning application. The applicant has requested a modification to the DCSM (Sec A) that would allow the development to exceed the maximum number of vehicles per day allowed to access a cul-de-sac and modify the requirement to design the cul-de-sac to length that will carry a maximum of 250 vehicles per day. These modifications have been approved by the Transportation Department. Proposal s Strengths Off-Site Improvements The applicant has proffered, per coordination with the developer of Rezoning #PLN , Breda & McDermott properties, to construct off-site improvements to Devlin Road. Monetary Contribution - Should off-site improvements not occur, the applicant has proffered a monetary contribution of $8,770 per single-family unit for transportation. Dedication of Right-of-Way - The applicant has proffered dedication of right-ofway along Jennell Drive to accommodate planned improvements to serve the proposed development. Frontage Improvements The applicant has proffered improvements along their frontage of Jennell Drive. Proposal s Weaknesses None identified. On balance, this application is found to be consistent with the relevant components of the Transportation Plan. Page B-17

30 Attachment B Staff Analysis Materially Relevant Issues This section of the report is intended to identify issues raised during the review of the proposal which are not directly related to the policies, goals, or action strategies of the Comprehensive Plan, but which are materially relevant to the County s responsibilities in considering land use issues. None identified. Minimal Design Criteria Staff and other agencies that have reviewed the proposal noted the following minimum design criteria. The development proposal will be reviewed for compliance with all minimum standards at the time that the applicant submits detailed site development information prior to the issuance of construction permits. The listing of these issues is provided to ensure that these concerns are a part of the development record. Such issues are more appropriately addressed during the site plan review. Design of the streets will be required to be in accordance with DCSM standards. Agency Comments The following agencies have reviewed the proposal and their comments have been summarized in relevant Comprehensive Plan chapter elements of this report: Virginia Department of Transportation (VDOT) Prince William County Park Authority Prince William County Public Schools Prince William County Public Libraries Service Authority County Archeologist Historical Commission Fire Marshal s Office Police Department Crime Prevention Unit Office of Information Technology Geographic Information Systems Public Works Transportation Division Public Works Watershed Division Office of Housing and Community Development County Urban Designer Page B-18

31 Attachment C Applicant s Submission PROFFER STATEMENT PROFFER STATEMENT Applicant: Christopher Companies Project Name: Jennell Estates Property: Prince William County GPIN , , , , acres; Brentsville Magisterial District ( Property ) Rezoning Number: REZ #PLN A-1, Agricultural to PMR, Planned Mixed Residential Date: November 20, 2006 Revised: December 6, 2006 Revised: December 15, 2006 Revised: February 21, 2007 Revised: April 13, 2007 Revised May 2, 2007 Revised June 25, 2007 Revised June 28, 2007 The undersigned hereby proffers that the use and development of the subject Property shall be in strict conformance with the following conditions. In the event the referenced rezoning is not granted as applied for by the Applicant, these proffers shall be withdrawn and are null and void. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. Any improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to the improvement, unless otherwise specified herein. The terms Applicant and Developer shall include all future owners and successors in interest. When used in these proffers, the Plan shall refer to the Master Zoning Plan entitled Jennell Estates prepared by Urban Engineering, dated June , as revised February 21, 2007 December 13, 2006 and shall include the following sheets: Sheet 1 Cover Sheet; Sheet 2 Residential Land Use Plan; Sheet 3 Transportation and Pedestrian Access Plan; Sheet 4 Conceptual Development Plan (GDP); Sheet 5 Preliminary Plan; Sheet 6 Preliminary Landscape Plan; Sheet 7 Preliminary Landscape Plan Details; Sheet 8 - Environmental Constraints Analysis; Sheet 9 Rezoning Plat; Sheet 10 Illustrative Plan. Page C-1

32 Attachment C Applicant s Submission PROFFER STATEMENT 1. LAND USE. The Property, consisting of acres, shall be developed to the PMR Zoning District. The layout of the units shall be in substantial conformance with that shown on the Plan and these proffers. The exact layout of units shall be subject to final engineering and receipt of any required modifications, waivers and approvals. The maximum number of single family dwelling units shall be sixty-five (65). 2. TRANSPORTATION. A. TRANSPORTATION CONTRIBUTION. The Applicant shall make a monetary contribution to the Prince William Board of County Supervisors in the amount of $8,770 per single family unit constructed on the Property to be used for transportation purposes, subject to Proffer 14 below. Said contribution shall be paid prior to and as a condition of final subdivision plan approval for Jennell Estates and based on the number of units shown on the approved final subdivision plan. The proffered monetary contributions shall be applied to capital projects in the area of the subject rezoning that are identified in the CIP, 6 year road plan or other capital improvement projects adopted by the Board of County Supervisors. The Board may also budget and appropriate these contributions or portion thereof to other specific capital projects. B. PEDESTRIAN CONNECTIONS. Pedestrian connections shall be provided from the internal sidewalks to the property lines as shown on the Plan. In addition, a recreational trail shall connect to the internal sidewalks as shown on the Plan. Such improvements shall be constructed after final subdivision plan approval. C. STREET PARKING. The Applicant shall require in its homeowners association documents that recreational vehicles, boats and boat trailers may not be parked or stored on internal public streets. D. STREET DEDICATION FOR JENNELL DRIVE: The Applicant shall dedicate to Prince William County ( County ), at no cost, right-of-way along the Property s frontage on Jennell Drive up to 31 feet as measured to the centerline of Jennell Drive. Said dedication shall be shown on the final subdivision plan and shall meet Design and Construction Manual ( DCSM ) standards. E. IMPROVEMENT OF JENNELL DRIVE: Subject to obtaining necessary County and Virginia Department of Transportation ( VDOT ) permits and approvals, the Applicant shall at the time of development improve the portion of Jennell Drive located along the Property frontage on the Property s side of the centerline. The improvements will include a half section of a RM-2, Category IV roadway, or its equivalent, with curb, Page C-2

33 Attachment C Applicant s Submission PROFFER STATEMENT gutter and sidewalk. The final size, location and standard of said improvements shall be determined at the time of final subdivision plan review. Such improvements shall be shown on the final subdivision plan and shall meet DCSM standards. F. COORDINATED OFF-SITE TRANSPORTATION IMPROVEMENTS: If the Prince William County Board of Supervisors also approves REZ #PLN (Breda and McDermott Properties) in substantially the configuration shown on the Master Zoning Plan for that rezoning, prepared by Branca Development, LLC, entitled Master Zoning Plan Breda, McDermott and Soby Properties, dated June 26, 2006, revised February 22, 2007 and the Generalized Development Plan for that rezoning prepared by Branca Development, LLC, entitled Generalized Development Plan Breda, McDermott and Soby Properties, dated March 27, 2006 and revised February 22, 2007, the Applicant shall design, process plans, and construct the following off-site transportation improvements: (i) widening Devlin Road to two southbound lanes from the Wellington Road intersection to near Jennell Drive where the widening will transition to a left turn lane for Jennell Drive and one lane southbound; (ii) Jennell Drive improvements at the intersection of Devlin Road to include two outbound lanes (one left turn lane and one right turn lane) and one inbound lane and (iii) relocation of the driveway located at 8033 Devlin Road, in the event the owner consents to the said relocation, all as shown on Exhibit A, entitled Devlin Road and Jennell Drive Intersection Improvement Plan, dated February 16, 2007, prepared by Branca Development, LLC and Exhibit B, showing Devlin Road Typical Section and Jennell Drive Typical Section dated February 16, 2007, prepared by Branca Development, LLC attached hereto ( Off-Site Improvements ) and subject to County and VDOT approval. (i) The Off-Site Improvements shall be bonded with the appropriate governmental agency prior to issuance of the first site development permit for the Property. (ii) With respect to the relocation of the driveway located at 8033 Devlin Road, written consent to relocate said driveway, from the owner of said property, shall be provided to the Applicant, within 30 days of receipt of a written request from the Applicant. In the event the owner of said property denies or fails to respond to said request within 30 days of receipt of a written request from the Applicant, the Applicant shall be released from the obligations associated with relocating the driveway. Evidence of Applicant s offer to said property owner and such owner s response, or lack thereof, shall be provided prior to the site/subdivision plan Page C-3

34 (iii) (iv) (v) (vi) (vii) Attachment C Applicant s Submission PROFFER STATEMENT approval which contains the improvements to the intersection of Jennell Drive and Devlin Road referenced above. The Off-Site Improvements shall be substantially complete (new lanes open to traffic) prior to issuance of a building permit for the 49 th new residential unit. Following approval of a plan for the Off-Site Improvements and prior to the commencement of construction of the Off-Site Improvements, the Applicant, at its request will receive the $357, contribution for the Off-Site Improvements proffered REZ #PLN and held by a private escrow agent in one lump sum or such smaller amounts as the Applicant may specify until the balance of this escrow account is exhausted. The Applicant must utilize the $357, contribution from REZ #PLN for design or construction of the Off-Site Improvements. The design and construction of the Off-Site Improvements as referenced hereinabove shall be provided in lieu of the transportation Level of Service monetary contribution of $8, per single family detached unit constructed on the Property. The Applicant s obligations with regard to the Off-Site Improvements set forth in this Proffer Statement are contingent upon approval by the Prince William Board of County Supervisors of REZ #PLN and the implementation thereof to include the posting of the funds referenced in Proffer 2.F.(iii). In the event REZ #PLN is approved but is not implemented by posting of the funds referenced in Proffer 2.F.(iii) above, prior to issuance of the first site development permit for the Property, the Applicant s obligations shall be limited to payment to the Prince William County Board of County Supervisors of $10, per new residential unit prior to issuance of the first site development permit for the Property. Provided however, if the funds referenced in Proffer 2.F.(iii) are posted in the private escrow account prior to issuance of the building permit for the last residential unit to be constructed on the Property, then the Applicant shall once again be subject to the obligations in Proffer 2.F. above and can request the County to refund the $10, paid under this proffer to the Applicant to be used for design and construction of the Off-Site Improvements. (viii) In the event REZ #PLN is not approved by the Prince William Board of County Supervisors, the Applicant shall be released from all obligations associated with the construction of the Off-Site Improvements identified in Proffer 2.F. referenced above and will pay the amount in accordance in Proffer 2.A. above. G. Page C-4

35 Attachment C Applicant s Submission PROFFER STATEMENT JENNELL DRIVE INTERSECTION: The Applicant shall construct one half of the intersection design reflected in Exhibit C, entitled Proposed Four Way Stop Intersection Detail dated February 22, 2007, prepared by Branca Development, LLC, including crosswalks as shown, signs prohibiting parking within 50 feet of the intersection to assist safe pedestrian crossing and four-way stop signs. Said intersection improvements shall be subject to County and VDOT approval and supported by the Barrett s Crossing Homeowners Association (the Association ) as to the four way stop sign. Written approval shall be provided from the Association within 45 days of receipt of a written request from the Applicant requesting approval of said four way stop. In the event the Association denies the request or fails to respond to the request within 45 days of receipt of a written request from the Applicant, the Applicant shall be released from the obligations associated with providing a four way stop and will comply with VDOT and DCSM standards. H. RIGHT-OF-WAY ACQUISITION: The Applicant shall make a good faith effort to acquire off site right of way associated with the construction of the transportation improvements identified in Proffer 2F hereinabove and offer to purchase the right of way at fair market value. If the Applicant is not able to acquire the off site right of way required in order to provide the improvements identified hereinabove, the Applicant shall request the County to acquire the right of way and easements by means of its condemnation powers at Applicant's expense. Applicant's request shall be in writing and shall comply in all respects with the County's Eminent Domain Policy in place at the time of the request. Said request shall be made to the appropriate County agency and shall be accompanied by the following: (i) The names of the record owners, the property addresses, tax map parcel numbers and GPIN numbers for each landowner from whom such right of way and/or easements are sought. (ii) Plats, plans and profiles showing the necessary right of way and/or easements to be acquired and showing the details of the proposed transportation improvements to be located on each such property. (iii) An independent appraisal of the value of the right of way and easements to be acquired, and any and all damages to the residue of the involved property, said appraisal to be performed by an appraiser licensed in Virginia and approved by the County. (iv) (v) A 60 year title search of each involved property. Documentation demonstrating to the County's reasonable satisfaction Applicant's good faith, best efforts to acquire the right of way and/or easements, at a cost of at least the appraised value of the involved property interests. Page C-5

36 (vi) (vii) Attachment C Applicant s Submission PROFFER STATEMENT A letter of credit acceptable to the County, cash or equivalent (from a financial institution acceptable to the County) in an amount equal to the appraised value of the property to be acquired, and all damages to the residue, together with an amount representing the County's estimate of its cost of condemnation proceedings, in a form permitting the County to draw upon the same as necessary to effectuate the purposes hereof. An Agreement signed by Applicant's representative and approved by the County Attorney whereby the Applicant agrees to pay all costs of the condemnation, including expert witness fees, court costs, exhibit costs, court reporter fees, attorney fees for the Office of the County Attorney, and all other costs associated with the litigation, including appeals. The Agreement shall specifically provide that in the event the property owner is awarded in the condemnation suit more than the appraised value estimated by Applicant's appraiser, Applicant shall pay to the County the amount of the award in excess of the amount represented by the letter of credit or cash deposit within 15 days of the award. (viii) In the event the Applicant is not able to acquire the off-site land required to construct the Off-Site Improvements as set forth hereinabove and the County does not condemn the land, the Applicant shall make a monetary contribution to the Prince William Board of County Supervisors in the amount of $8, per single family unit constructed on the Property to be used for transportation improvements. Said contribution shall be made prior to and as a condition of the approval of the issuance of a site development permit. The Applicant shall be relieved from all further obligations and limitations with reference to completion of the Off-Site Improvements. 3. ENVIRONMENT. A. The Applicant shall contribute the sum of $75.00 per acre to the Prince William Board of County Supervisors for monitoring water quality and/or stream restoration. Said lump sum contribution shall be paid as a condition of final subdivision plan approval for the Property. B. INTERNAL STREETSCAPE. As a condition of final subdivision plan approval, the internal streetscape shall be provided by the Applicant as shown on the Plan. C. LANDSCAPING. As a condition of final subdivision plan approval, landscaping or buffer areas shall be provided by the Applicant as shown on the Plan and in accordance with the following: Page C-6

37 Attachment C Applicant s Submission PROFFER STATEMENT (i) A variable width buffer area, with a minimum width of fifty (50) feet, shall be provided along the northern property line as well as that portion of the eastern property line that abuts land currently zoned A-1 as generally shown on the Plan, which buffer area shall be undisturbed as indicated by the limits of clearing on the Plan, except for utility and associated easement crossings, pedestrian and road crossings and related grading, and supplemental plantings. Said buffer shall be inclusive of any existing and/or proposed easements. Berming, tree preservation, landscaping, and other features of the buffer area shall be in accordance with the Prince William County Design and Construction Standards Manual ( DCSM ). Such buffer area shall be maintained by the homeowner s association to be created for the development. (ii) (iii) A minimum buffer of 50 feet (50 ) shall be provided adjacent to the intermittent stream located along the western end of the Property (25 ft. on either side of the intermittent stream). This area shall be reforested with indigenous seedling plantings at a rate of 450 trees per acre. Said buffer shall be inclusive of any existing and/or proposed easements. Berming, tree preservation, landscaping, and other features of the buffer area shall be in accordance with the Prince William County Design and Construction Standards Manual ( DCSM ). Super silt fencing will be provided upstream of this area during construction to prevent sediment contamination. Such buffer area shall be maintained by the homeowners association to be created for the development. At the time of development, the Applicant shall install tree protection consisting of a chain link fence and/or super silt fence along the intermittent buffer area to prevent unauthorized encroachment and to protect the area during construction activities. The fence shall remain in place until occupancy permits area issued. In addition, the Applicant shall post signs along the fence stating Keep Out. The location of the tree protection fencing shall be shown on the final subdivision plan and on individual lot grading plans. D. STORMWATER MANAGEMENT. Stormwater management, including best management practices (BMP s), shall be provided by the Applicant in substantial compliance with the Plan unless requirements can be fulfilled off-site. Fulfillment of stormwater management requirements shall be subject to approval at the time of subdivision plan review. Should stormwater management, including BMP s be provided off-site, the area identified for that use on the GDP shall be used as open space. Page C-7

38 Attachment C Applicant s Submission PROFFER STATEMENT E. GEOTECHNICAL REPORT. The Applicant shall employ a qualified geotechnical engineer to prepare a detailed geotechnical report to address the on-site soil type(s), if required by the Environmental Services Division in its review of the first submission of the final subdivision plan. 4. LIBRARIES. The Applicant shall contribute the sum of $ per single family dwelling unit constructed on the Property, subject to Proffer 14 below, to the Prince William Board of Supervisors, for library purposes. The per unit contribution shall be made as a condition of issuance of the building permit for each unit 5. PARKS AND RECREATION. The Applicant shall contribute the sum of $3, per single family dwelling unit constructed on the Property, subject to Proffer 14 below, to the Prince William Board of Supervisors, unit for parks and recreation purposes, The per unit contribution shall be made as a condition of the issuance of the building permit for each unit 6. SCHOOLS. The Applicant shall contribute the sum of $8, per single family dwelling unit constructed on the Property, subject to Proffer 14 below, to the Prince William Board of Supervisors, for school purposes. The per unit contribution shall be made as a condition of issuance of the building permit for each unit. 7. HOUSING. The Applicant shall contribute the sum of $ per single family dwelling unit constructed on the Property, subject to Proffer 14 below, to the Prince William Board of Supervisors, to be utilized by the County s Housing Trust Fund. Said contribution shall be paid on a per unit basis as a condition of issuance of the building permit for each unit. 8. COMMUNITY DESIGN. A. Common areas and community features (i.e. signage) shall be maintained by the homeowners association to be created for the Property. Decks, fences and sheds, if any, shall be allowed in accordance with the provisions of the Prince William County Zoning Ordinance. B. As a condition of final subdivision approval a recreational area/park shall be constructed by the Applicant on the Property, located as shown on the Plan.. 9. FIRE AND RESCUE The Applicant shall contribute the sum of $ per single family dwelling unit constructed on the Property, subject to Proffer 14 below, to the Prince William Board of Supervisors for fire and rescue purposes. The per unit contribution shall be made as a condition of issuance of the building permit for each such single family dwelling unit. Page C-8

39 Attachment C Applicant s Submission PROFFER STATEMENT 10. PUBLIC WATER AND SEWER. The Applicant shall be responsible for the design and construction of those on-site and off-site improvements necessary to provide public water and sewer. 11. DEMOLITION OF EXISTING DWELLING UNITS. All existing and proposed buildings and structures will be demolished and disposed of in accordance with all Federal, State and County regulations. 12. MODIFICATIONS AND WAIVERS A. Approval of this rezoning application and this Proffer Statement shall confirm the Prince William County Board of County Supervisor s approval of the Applicant s request for a modification of Section 602.8A of the DCSM to exceed the maximum number of vehicles per day allowed to access a cul-de-sac and the requirement to design the cul-de-sac to length that will carry a maximum of 250 vehicles per day. B. Approval of this rezoning application and this Proffer Statement shall constitute approval of the Applicant s requested waiver of the requirement to provide on-site stormwater management detention facilities, pursuant to Section of the DCSM, provided that the detailed engineering at the final subdivision plan approval process warrants such a waiver and that plans for offsite stormwater management utilized by this site are approved prior to the approval of the 49 th residential use permit on the property. Prior to construction and operation of the off-site stormwater management facilities, the Applicant may construct and operate temporary on-site stormwater management facilities as approved by County staff. 13. ESCALATOR. In the event the monetary contributions set forth in this Proffer Statement are paid to the Prince William Board of County Supervisors ( Board ) within eighteen (18) months after final approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in this Proffer Statement which are paid to the Board after eighteen (18) months following final approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ( CPI-U ) published by the United States Department of Labor, such that at the time contributions are paid they shall be adjusted by the percentage change in the CPI- U from that date eighteen (18) months after final approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of six percent (6%) per year, non-compounded. Page C-9

40 Attachment C Applicant s Submission PROFFER STATEMENT 14. EXISTING RESIDENCES. Building permits issued for the replacement of the existing residences to be constructed on Lots 10, 14, 21, 54 and 63 will not require payment of the monetary contributions referenced in the foregoing proffers. Upondemolition of the existing homes, debris will be removed and disposed of by the Applicant in accordance with all County, State and Federal statutes. Page C-10

41 Attachment C Applicant s Submission PROFFER STATEMENT Page C-10

42 Attachment C Applicant s Submission PROFFER STATEMENT Page C-11

43 Attachment C Applicant s Submission PROFFER STATEMENT Page C-12

44 Attachment C Applicant s Submission PROFFER STATEMENT Page C-13

45 Attachment C- Applicant s Submission RESIDENTIAL LAND USE PLAN Page C-14

46 Attachment C- Applicant s Submission GENERAL DEVELOPMENT PLAN Page C-15

47 Attachment C- Applicant s Submission PRELIMINARY PLAN Page C-16

48 Attachment C- Applicant s Submission PRELIMINARY LANDSCAPE PLAN Page C-17

49 Attachment C- Applicant s Submission ILLUSTRATIVE PLAN Page C-18