RC ; Reclassification - The Courtyards of Colonial Forge

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1 3 Board of Supervisors Robert Bob Thomas, Jr., Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Wendy E. Maurer Paul V. Milde, III Gary F. Snellings November 9, 2016 C. Douglas Barnes Interim County Administrator MEMORANDUM TO: FROM: Stafford County Planning Commission J SUBJECT: RC ; Reclassification - The Courtyards of Colonial Forge ATTACHMENTS: 1. Impact Statement 2. Proposed Ordinance and Resolution 3. Proposed Proffer Statement, dtd 10/11/16 4. Generalized Development Plan, dtd 9/9/16 5. Architectural Renderings 6. Traffic Impact Analysis 7. VDOT Comments, dtd 10/31/16 8. Application and Related Materials Staff Project Manager: Will Sugg ISSUE: The Planning Commission is to consider a request for a Reclassification from the A-1, Agricultural Zoning District to the R-3, Urban Residential High Density Zoning District on Tax Map Parcel Nos B and 28-94C. BACKGROUND: Location: Election District: Applicant/Property Owner: East side of Woodcutters Road, and north side of Kellogg Mill Road and Accokeek Furnace Road Hartwood John Snyder CF Land Investments, LLC 150 Riverside Parkway, Suite 101 Fredericksburg, VA Courthouse Road, P. O. Box 339, Stafford, VA Phone: (540) Fax: (540)

2 Memorandum to: Stafford County Planning Commission November 9, 2016 Page 2 of 12 Agent: Current Use: Proposed Use: Application Date: Charles W. Payne, Jr. Hirschler Fleischer 725 Jackson Street, Suite 200 Fredericksburg, VA Undeveloped Townhouse May 20, 2016 (Submission) September 9, 2016 (Complete Application) Advertisement Dates: October 25, 2016 and November 1, 2016 Time Limit: February 17, 2017 Area: Comprehensive Plan: Zoning Classification: 7.7 acres Suburban (Future Land Use) A-1, Agricultural Comprehensive Plan

3 Memorandum to: Stafford County Planning Commission November 9, 2016 Page 3 of 12 Abutting Properties: Zoning Location Zoning Existing Use Comprehensive Plan North R-3, Urban Residential Single-family attached residential Suburban/Resource High Density (Colonial Forge) Protection South A-1, Agricultural Single-family residential Urban Development Area East R-3, Urban Residential Undeveloped Suburban High Density West R-3, Urban Residential High Density Undeveloped Suburban Utilities: The proposed rezoning is located within the County s Urban Service Area and has access to public water and sewer. The proposed project will have minimal impact on utility demands. Existing 12-inch water and 8-inch sewer mains are available on Woodcutters Road and appear to have available capacity, or the reasonable ability to be upgraded by the developer to provide adequate capacity. The applicant will extend utility lines to serve the development. Transportation: Kellogg Mill is an urban collector roadway with an estimated traffic volume of 150 vehicle trips per day (VPD) according to Virginia Department of Transportation (VDOT) 2015 Daily Traffic Volume Estimates. The subject parcels are currently zoned A-1, which in relevant part permits one (1) residential unit per three (3) acres or a yield of two (2) lots. Thus, the by-right use would generate daily 20 trips. The proposed development of 49 units would yield 346 VPD. Schools: The proposed development would generate approximately school aged children according to the County school system s analysis. Students generated by this development would attend Winding Creek Elementary School (design capacity of 925 students/current attendance is 855), Rodney Thompson Middle School (design capacity of 1,100 students/current attendance is 938), and Colonial Forge High School (design capacity of 2,175 students/current attendance is 2,099). The

4 Memorandum to: Stafford County Planning Commission November 9, 2016 Page 4 of 12 applicant has identified a cash proffer amount of $12, per unit for schools to offset any school capital facility impacts in the relevant school attendance zone area of the property. Parks and Recreation: Proffer Valuation: The applicant believes there are adequate park facilities in the nearby area of this site, including without limitation Embrey Mill, to address park and recreation impacts. The Applicant will also provide cash proffers in the amount of $8, per unit for purpose of contributing to new park facilities. A proffer statement has been submitted with this application. Monetary proffers include the per unit contribution of $12, for Schools, $8, for Parks and Recreation, $3, for Transportation, and $1, for Fire and Rescue. The monetary cash proffers for the 39 new units will total $952, COMMENTS: CF Land Investments, LLC (Applicant) is requesting a reclassification from the A-1, Agricultural zoning district to the R-3, Urban Residential High Density Zoning District to allow for the development of 39 townhouse residential units (the development includes a total of 49 residential units) on Tax Map Parcel Nos B and 28-94C, on 7.7 acres, located on the east side of Woodcutters Road, and north side of Kellogg Mill Road and Accokeek Furnace Road, adjacent to the Colonial Forge neighborhood. Existing Conditions The Property is surrounded by single-family residential and urban residential high density uses. The parcels to be developed are currently vacant. A Resource Protection Area encroaches to the north of the property, which will be in the open space portion of the development. The current site conditions were previously graded so the area of development is on a generally level plateau. Generalized Development Plan The GDP depicts the proposed design of the site to include 49 lots located on approximately acres. The Property is located adjacent to the Colonial Forge development which is also zoned R-3. The GDP reflects 6.46 acres of open space accounting for approximately 47% of the Property. This exceeds the 25% minimum required by the R-3 district. The open space will be used for stormwater management facilities, passive recreation, and natural areas. For the passive recreation use in the open space, a tot lot will be constructed. This tot lot will include a play structure with safety surface, plastic timber border, bench and trash can, all shown on the GDP. A 10-foot buffer, board-on-board fence, and a 10-foot double row of evergreen trees will be present along the property line adjacent to Kellogg Mill Road/Accokeek Furnace Road. There will be two access points, one off of Kellogg Mill Rd and one off of Woodcutters Road. Additionally, approximately 1.52 acres of wetlands will not be disturbed. The applicant is proposing a pedestrian walkway which will connect to the southwest of Woodcutters Road.

5 Memorandum to: Stafford County Planning Commission November 9, 2016 Page 5 of 12 Transportation Generalized Development Plan The Applicant performed a transportation impact analysis (TIA), which is included in. Results of the TIA indicate that the site is expected to have a minimal impact to the surrounding roadway infrastructure at buildout of the proposed site. It is proposed that the site will have two full movement site drives such that both entrances will provide sufficient intersection spacing to meet current VDOT standards. A break in the existing median and a southbound left turn lane will need to be constructed at the intersection of Woodcutters Road and Site Drive #1. No additional offsite or site drive improvements are proposed at this time. Based on a comparative analysis between background (2021) and buildout (2021) traffic conditions, all offsite intersections are expected to maintain acceptable levels of service. All site drive intersections are expected to operate at acceptable levels of service for all movements. A break in the median and a southbound left turn lane is recommended at the intersection of Woodcutters Road and Site Drive #1. It is proposed that this site drive provide full movement for all approaches as the proposed site drive location provides the minimum spacing per VDOT standards for intersection spacing. The Applicant has also proffered the dedication of 0.39 acres of right-of-way along Accokeek Furnace Road for purposes of extending the public maintenance of the road in the areas generally shown on the GDP. VDOT has reviewed the TIA and their comments are included in Attachment 7. The applicant has addressed the comments pertinent to the TIA. Additional comments would be addressed during site plan review.

6 Memorandum to: Stafford County Planning Commission November 9, 2016 Page 6 of 12 Comprehensive Plan Suburban Land Use The Comp Plan s Future Land Use Map classifies the Property as part of the Suburban designation. This designation encourages residential and in-fill development, as well as limited commercial development. Development is expected to occur on quarter to half acre lots, with densities of up to three dwelling units per acre. For purposes of in-fill development under the Suburban land use district, townhouses and apartments are allowed at a density up to 7 and 15 units per acre respectively, so long as the following criteria, in relevant part, is satisfied (see page 3-43): A. As infill development in Suburban land use district if: 1) it is located on land where 60 percent or more of the linear footage of the property perimeter physically abuts property that has been or is currently approved for the same type of dwelling unit (e.g. townhomes next to townhomes, and condominiums next to condominiums) or a higher density dwelling unit type (e.g. proposed townhomes next to existing or planned condominiums); The Suburban designation supports the Applicants proposed development consisting of condominiums. The density is 3.41 units per acre, which is in accordance with the density recommendations under the Comp Plan. The subject site is an in-fill development and abuts to its immediate north, east, and west R-3 zoned parcels (meeting the above 60% criterion, which covers about 88% linear footage) and surrounding uses include those similar to the Applicant s proposal. Ten of the lots are on land already zoned R-3(as shown in the GDP to the eastern border of the development). The conditions are in accordance with the above relevant section of the Comp Plan located on page Airport Land Use Compatibility The proposed development lies within the Airport Land Use Compatibility Zones (Airport Zone), as identified in the recently amended Comprehensive Plan. The Airport Zones are divided into sub-zones. The subject site is within the Zone H-3, Horizontal Turning Zone. This is an area where planes conduct turning movements when circling the airport. The plan identifies use compatibility in each zone. In the H-3 zone, townhomes are identified as a use that is not compatible. As an attempt to address this issue, the applicant is proffering to incorporate soundproofing construction materials and provide real estate marketing disclosure notices. The site would have significant open space areas. Staff notes that these are recommended mitigation measures if the proposal is identified as needing Additional Review. Staff notes that although this project was submitted prior to the Airport Zone being adopted as part of the new Comp Plan, there is no grandfathering with Comp Plan changes, so the Airport Zone recommendations apply.

7 Memorandum to: Stafford County Planning Commission November 9, 2016 Page 7 of 12 Fiscal Impacts Airport Impact Zones Staff notes that the County-wide average annual fiscal impact is -$1, per single-family attached dwelling unit, based on a study prepared for the 2010 Comprehensive Plan. Applied to all 39 new dwellings, this equals a negative impact of -$53, That impact is based on the average sales price of single-family attached dwelling units in the County and is not reflective of the sales prices of homes within the proposed development. Monetary Proffers A proffer statement was submitted with this application (Attachment 4). Monetary proffers include perunit contributions of $24, for the 39 new lots. This amount is below the recommended county proffer guideline of $41,557 for townhomes/$26,718 for multi-family. The applicant states these dwellings would be structured as condominiums. Condominiums are considered to be multi-family dwellings. Staff notes that the size and design of the dwellings are most similar to a townhouse and that should be the comparable dwelling type. The following table shows a comparison of the proposed proffers to the current guidelines; considering by-right credits: Total Units 39 By-Right Units 2 New Development Units 37 Proposed Proffers Per Unit $24, Proffers per Unit for New Development Units $25, Current Guidelines Recommendation $41,557.00

8 Memorandum to: Stafford County Planning Commission November 9, 2016 Page 8 of 12 Staff notes that this application was submitted on May 20, 2016, prior to the effective date of July 1, 2016, when residential proffer legislation was amended pursuant to Virginia Code The new legislation impacts the County s ability to negotiate proffers when considering a zoning reclassification or a proffer amendment. On June 7, the Board of Supervisors repealed the County s monetary proffer guidelines, last dated December 15, 2015, for any new application submitted on or after July 1, The new legislation does not apply to any zoning reclassification or proffer amendment application filed before that date. Therefore, the December 15, 2015 proffer guidelines remain in effect for those applications filed before July 1, 2016, including this application. Proffer Summary The Applicant submitted the following proffers: property will be generally developed in accordance with that certain generalized development plan entitled Generalized Development Plan, The Courtyards of Colonial Forge, dated May 2016; the development shall include a total of 49 residential condominium uses of which 39 units are subject to this rezoning (Lots 1-24 and 35-49) and 10 units previously rezoned to R-3 (Lots 25-34), which are not subject to this rezoning but are inclusive within the development; the architectural design of the buildings shall be in general accordance with the attached architectural renderings marked as Exhibit B (the Renderings ). The Renderings are illustrative only and do not depict the final elevations for this project. In this regard, the Renderings depict (i) a commitment to a general type, character, and quality of architectural design, details and materials; and (ii) the general types of architectural and decorative elements and features; the applicant will provide the following in-kind transportation proffers, all as generally shown on the GDP: applicant agrees to dedicate 0.39 acres of right of way along Accokeek Furnace Road for purposes of extending said road, all in the areas generally shown on the GDP. This dedication is without compensation and is an in kind proffer with a value of $54, The aforesaid transportation dedication will be conveyed upon the recordation of the first section of the record subdivision plat; applicant agrees to construct a sidewalk to Woodcutters Road, all in the areas generally shown on the GDP; and the monetary value of all transportation improvements (not otherwise required for the development) and/or dedications of right of way, as provided above under this Section 3, are in kind transportation proffers for purposes of this rezoning with an aggregate value of $54, These in-kind proffers may qualify as a credit toward and offset any transportation impact fees assessed against the Property for purposes of this rezoning, all as may be applicable under state code and County ordinance; applicant agrees to provide as part of the development a tot lot/community area, to include a play structure with safety surface, plastic timber border, bench and trash can, all as shown on the GDP applicant agrees to pay, in the aggregate, $952, in cash proffers, all as described in more detail below; these cash proffer contributions, paid from the Applicants to the County, will include an aggregate payment of $24, per unit (for each of the 39 units subject to this rezoning known as Lots 1-24 and on the GDP) upon final County certificate of occupancy for each unit, and allocated on a per units basis as follows: Fire & Rescue: $1, per unit

9 Memorandum to: Stafford County Planning Commission November 9, 2016 Page 9 of 12 Parks & Recreation: $8, per unit Transportation: $3, per unit Libraries: $0.00 per unit Schools: $12, per unit General Government: $0.00 per unit cash proffers are also subject to annual increases or decreases to be calculated on a yearly basis commencing three (3) years after the date of final County approval of this proffer statement; such increases or decreases shall be calculated by multiplication of the Marshall-Swift Index for the current year by the original per unit cash proffer amount; all cash proffers shall be paid per unit upon issuance of a final certificate of occupancy by the County; applicant, prior to developing the Property, shall encumber the Property with a declaration of conditions, covenants, restrictions, and easements for the purpose of (a) protecting the value and desirability of the property; (b) facilitating the planning and development of the development in a unified and consistent manner; and (c) providing for the installation, maintenance, and repair for all landscaping, on-site amenities, open space, and other common areas; applicant will also create a property owner s association as a non-stock corporation under the laws of Virginia that will provide and ensure oversight and structure for services provided, quality standards, and common area maintenance; for purposes of mitigating any airport land use compatibility issues, the Applicant agrees to the following mitigating measures: utilize sound proofing construction materials to reasonably mitigate noise generated from airplane turning patterns within the H-3 airport compatibility zone; to provide purchasers of the subject units real estate disclosure notices regarding the airport and its proximity to the project on initial deed of transfers; and provide notification statements about the airport on all plans of development and marketing materials; require a 20-foot buffer consisting of a double row of evergreen trees between residential lots and the Winding Creek Road right-of-way on Open Space Parcels A and D; require a variable width buffer between residential parcels and the Winding Creek Road right-ofway on Open Space Parcel C; require foundation landscaping and at least one tree in the rear yard of each lot; require the construction of a tot lot and picnic/pavilion area; and require a landscape buffer between Lots 43 and 44 and the adjacent property owner, consisting of a double row of evergreen trees. Architectural Design For purposes of this rezoning, the architectural design of the buildings shall be in general accordance with the attached architectural renderings marked as Exhibit B (the Renderings ). The Renderings are illustrative only and do not depict the final elevations for this project. In this regard, the Renderings depict (i) a commitment to a general type, character, and quality of architectural design, details and materials; and (ii) the general types of architectural and decorative elements and features.

10 Memorandum to: Stafford County Planning Commission November 9, 2016 Page 10 of 12 EVALUATION CRITERIA: Architectural Elevations County Code Sec lists 12 criteria to be considered at each public hearing for reclassification. 1. Compliance of the request with the stated requirements of the district or districts involved - The request is in compliance with the stated requirements of the R-3 Zoning District. 2. The existing use and character of the property and the surrounding property - The Property is currently vacant and indicates wetlands and CRPA on the northern border. Land surrounding the site to the south is developed with lower density residential uses. Higher density residential is located to the north in the Colonial Forge project. 3. The suitability of the property for various uses - The conditions of the site make it suitable for residential uses with an open level area; the sensitive natural resources that are present on the site are being preserved in accordance with the Comprehensive Plan. 4. The trend of growth and development in the surrounding area - Higher density single-family residential uses are developing southward from Courthouse Road. South of this site rural residential uses exist.

11 Memorandum to: Stafford County Planning Commission November 9, 2016 Page 11 of The current and future requirements of the County for land - The proposed residential development takes into account the future extension of Accokeek Furnace Road by dedicating 0.39 acres of right-of-way. No other public land is needed in this area. 6. The transportation requirements of the project and the County, and the impact of the proposed land-use on the County s transportation network - The site has access to a newly developed 4-lane road. The TIA determined the project would maintain acceptable levels of service. 7. Requirements for schools, parks, recreational lands and facilities, and other public services, potentially generated by the proposed classification - The proposal would increase the impacts on parks, recreational lands, schools, and other public facilities. The monetary proffers include a per-unit contribution for Fire and Rescue, Schools, Parks and Recreation, and Transportation. 8. The conservation of property values in the surrounding area - The proposed development should not have a negative effect on any property values in the surrounding area. The development is compatible with the higher density residential uses. Screening and buffers should minimize impacts to lower density residential uses. 9. The preservation of natural resources and the impact of the proposed uses on the natural environment - The site contains sensitive natural resources including forested area, wetlands, and CRPA, which this development is avoiding. 10. The most appropriate use of land -The Land Use Plan recommends this as a suburban area. The proposed uses and development pattern meet the intent in the Comprehensive Plan for suburban areas, including the types of dwellings, density, proximity to major existing or planned transportation network and the amount of open space. 11. The timing of the development of utilities and public facilities, and the overall public costs of the development - The area is served by existing water and sewer utilities. The Applicant would install any required transportation and utility improvements for the project at their expense. The development will generate a need for additional public services, which are partially mitigated through monetary proffers. 12. The consistency, or lack thereof, of the proposed rezoning with the Stafford County Comprehensive Plan as in effect at that time - The proposal is consistent with the Comprehensive Plan recommendations regarding the Suburban land-use recommendations and future transportation needs. However, the proposed use is inconsistent with the Airport Land Use Compatibility recommendations. SUMMARY OF POSITIVE AND NEGATIVE FEATURES: POSITIVE: 1. The proposal is consistent with the established development pattern in the vicinity.

12 Memorandum to: Stafford County Planning Commission November 9, 2016 Page 12 of The proposed uses and development pattern meet the intent of the Comprehensive Plan, including Suburban land use, transportation, building design, pedestrian connectivity, and environmental recommendations. 3. Proffers would work to mitigate impacts to surrounding properties and transportation. NEGATIVE: 1. Monetary proffers are below the per-unit amount recommended in the Proffer Guidelines to offset development impacts. 2. The proposed use is inconsistent with the Airport Land Use Compatibility recommendations in the Comprehensive Plan. RECOMMENDATION: Staff notes that the Comprehensive Plan has conflicting recommendations for development of this property. Townhomes are considered to be an incompatible use with the airport compatibility guidelines. Townhomes are consistent with the Suburban Area recommendations for this property. Other suburban types of uses recommended in the Comprehensive Plan are single-family detached homes, general commercial and office uses, passive and active recreation, or community related uses such as a fire and rescue station or community center. Except for residential uses, the other suburban uses may not be reasonable given the location and configuration of the property. Staff does not support the application at this time because impacts to libraries and other government services have not been mitigated. JAH:ws Attachments (8)

13 Attachment 1 Page 1 of 10 STAFFORD COUNTY, VIRGINIA ZONING RECLASSIFICATION APPLICATION IMPACT STATEMENT Applicant: CF Land Investments LLC Property: Tax Map Parcels 28-94B & 28-94C, 3 Accokeek Furnace Road and 1183 Kellogg Mill Road, containing a total of acres subject to rezoning Owner: Project Name: CF Land Investments LLC The Courtyards of Colonial Forge Rezoning Request: From A-1 to R-3 Date: May 18, 2016 File No.: RC 16 Rezoning Application Request The Applicants hereby request a rezoning of the following parcels from Agricultural (A-1) to Urban Residential - High Density (R-3) in accordance with the Stafford County, Virginia (the County ) zoning ordinance, including without limitation Article III, Section 28-35, Article X, Section , et seq., and Article XII Section , et seq.: Tax Parcels 28-94B (of record by Instrument No ) and 28-94C (of record by Instrument No ) (collectively, the Property ), known as 3 Accokeek Furnace Road and 1183 Kellogg Mill Road, consisting of approximately acres total, and generally located along Woodcutters Road, South of Courthouse Road and East of Ramoth Church Road, within the Rockhill Magisterial District, all as more particularly described on the generalized development plan entitled Generalized Development Plan The Courtyards of Colonial Forge, dated May 2016, as last revised, and attached hereto as Exhibit A (the GDP ), which plan is incorporated as a material part of this application by this reference. 1 1 The GDP is a general overview of the proposed development and improvements to the Property in accordance with Article XIII, Section , et seq., of the County zoning ordinance. The Applicant reserves the right to make modifications or amendments to the GDP in order to address final site engineering, architectural, and design issues internal road placements and entry areas, RPA requirements, and to ensure compliance with applicable federal, state and county regulations, laws and ordinances. A final site plan for the Property will supersede the GDP. 1

14 Attachment 1 Page 2 of 10 Attached as Exhibit B are several illustrative elevations and renderings depicting the proposed architectural design and building material features, which only include general type, character, and quality of architectural design, details, and materials (collectively, the Renderings ). This application provides the following key development features: Overview (1) No more than 39 rezoned (49 total within development with 10 units previously zoned R-3) condominium units; (2) Density of 3.41 dwelling units per acre as compared to 7 units to the acre allowed under the County zoning ordinance; (3) Open space of 6.76 acres or 47% of the development, exceeding the R-3 district s minimum requirement of 25%; (4) Proffered architectural and design features as generally provided on the Renderings referenced above; (5) Construction and dedication of roads lined with sidewalks within the project, as shown on the GDP; (6) Dedication of 0.39 acres of right of way along Accokeek Furnace Road and Kellogg Mill Road, as shown on GDP; (7) Total of $952, in monetary cash proffers for 39 rezoned units or $24, per unit, all as provided more particularly in the attached proffer statement; (8) Project is located within Stafford County s (the County ) Urban Service Area, and will connect to public water and sewer; and (9) Project is consistent with County s Comprehensive Plan, as described below. (10) A passive community recreational area has been proffered as well, which can be utilized as a tot lot or outside community area. As noted above, the Property is currently zoned A-1. The Applicant proposes changing the zoning of the Property from A-1 to R-3 and to allow for 39 condominium units (note the total project includes 49 units whereby 10 units were previously approved as R-3 under prior approvals O90-93, O01-65, O04-40 & O16-03). Section of the County s Zoning Ordinance states the following concerning the R-3 district: The purpose of the R-3 district is to provide areas of high-intensity residential uses designed and intended to be primarily characterized by multifamily dwellings and townhouses. Such districts are to be located at centers of urban concentrations, only where approved water and sewerage are available and where transportation systems are adequate. The Applicant s proposed subdivision includes 49 lots located on approximately acres. The GDP reflects 6.46 acres of open space accounting for approximately 47% of the Property. This exceeds the 25 percent minimum required by the R-3 district. The open space will be used for stormwater management facilities, passive recreation (e.g. tot lot), and natural areas. Additionally, approximately 1.52 acres of wetlands which will not be disturbed. 2

15 Attachment 1 Page 3 of 10 The Property is located north of Kellogg Mill Road and east of Woodcutters Road and adjacent south to the Colonial Forge development also zoned R-3 in this area and. As described below, the Applicants proposal conforms to the policies established by the County s Comprehensive Plan (the Comp Plan ) as it is within the suburban land use district and complies with the in fill development goals of the plan located on page 3-43 of the Comp Plan. Adjacent properties will experience minimal impacts as the project is similar to the development pattern within Colonial Forge and future land use planning to the south of the site is also within the Suburban land use district. Comprehensive Plan Future Land Use Map The Comp Plan s Future Land Use Map classifies the Property as part of the Suburban designation. This designation encourages residential and in-fill development, as well as limited commercial development. Development is expected to occur on quarter to half acre lots, with densities of up to three dwelling units per acre. For purposes of in-fill development under the Suburban land use district, townhouses and apartments are allowed so long as the following criteria, in relevant part, is satisfied (see page 3-43): A. As infill development in Suburban land use district if: 1) it is located on land where 60 percent or more of the linear footage of the property perimeter physically abuts property that has been or is currently approved for the same type of dwelling unit (e.g. townhomes next to townhomes, and condominiums next to condominiums) or a higher density dwelling unit type (e.g. proposed townhomes next to existing or planned condominiums); The Suburban designation supports the Applicants proposed development consisting of condominiums. The density is 3.41 units per acre, which is in accordance with the underlying R- 3 zoning ordinance and allowable under the Comp Plan. The subject site is an in-fill development and abuts to its immediate north, east and west R-3 zoned parcels (meeting the above 60% criteria, which covers about 88% linear footage) and surrounding uses are similar to the Applicant s proposal, all of which is in accordance with the above relevant section of the Comp Plan located on page Urban Service Area The Comp Plan includes the Property in the Urban Service Area ( USA ). The goal under the Comp Plan is to locate 80% of future cumulative residential growth within the County s USA. This designation attempts to funnel new development in the County to the land around I-95 and other major transportation corridors in order to take advantage of existing public utilities in the 3

16 Attachment 1 Page 4 of 10 area. The Urban Service Area supports any new development which is compatible with the Property s Future Land Use Map designation. The Property s location in the USA supports the project s utilization of existing public utilities. The Applicants will extend water and sewer lines from nearby rights of way as necessary in order to serve the Property. Transportation The Applicant performed a transportation impact analysis, which we have enclosed with this application. The analysis was prepared by our consultant Green Light Solutions and the report is titled Courtyards of Colonial Forge Traffic Impact Analysis, dated May 13, The report includes the following: Results of the TIA Report indicate that the site is expected to have a minimal impact to the surrounding roadway infrastructure at buildout of the proposed site. It is proposed that the site will have two full movement site drives such that both entrances will provide sufficient intersection spacing to meet current VDOT standards. A break in the existing median and a southbound left turn lane will need to be constructed at the intersection of Woodcutters Road and Site Drive #1. No additional offsite or site drive improvements are proposed at this time. Impact Analysis 1. Current capacity of and anticipated demands on highways, utilities, storm drainage, schools and recreational facilities. A. Roads. Based on the analysis results presented in the TIA Report, impacts expected as a result of the proposed site are minimal at all offsite study intersections. Based on a comparative analysis between background (2021) and buildout (2021) traffic conditions, all offsite intersection are expected to maintain acceptable levels of service. All site drive intersections are expected to operate at acceptable levels of service for all movements. A break in the median and a southbound left turn lane is recommended at the intersection of Woodcutters Road and Site Drive #1. It is proposed that this site drive provide full movement for all approaches as the proposed site drive location provides the minimum spacing per VDOT standards for intersection spacing. The Applicant has also proffered the dedication of 0.39 acres of right of way along Accokeek Furnace Road for purposes of extending said road, all in the areas generally shown on the GDP. This dedication is an in kind 4

17 Attachment 1 Page 5 of 10 proffer with a value of $54, Further, the Applicant is proffering $152, in cash for transportation capital facilities. By Right Impacts: The subject parcels are currently zoned A-1, which in relevant part permits three (3) residential units to the acre or a yield of two (2) lots. Thus, the by-right use would generate daily 20 trips. B. Utilities. As noted above, the proposed rezoning is located within the County s Urban Service Area and has access to public water and sewer. The proposed project will have minimal impact on utility demands. Existing 12 water and 8 sewer mains are available along Woodcutters Road and appear to have available capacity, or the reasonable ability to be upgraded by the developer to provide adequate capacity. The Applicant will extend utility lines to serve the development. Public Water: This project is located in the 433 Pressure Zone. There is an existing 12 water line along Woodcutters Road. Onsite water lines will generally be constructed along the proposed roads within the development creating loops and networks throughout the Property. The anticipated daily demand for water is as follows: 49lots x 200 gpd/lot = 9800 gpd Sewer: This project is located in the Accokeek sewer service area. An existing 8 sewer line is located along Woodcutters Road. Onsite sewer lines will generally be constructed along the proposed roads within the development creating loops and networks throughout the Property. The anticipated daily demand for sewer is as follows: 49 lots x 250 gpd/lot = 12,250 gpd By-Right Impact: If developed by right, the applicant would likely have to connect to public water and sewer (300 feet away). C. Storm Drainage. The proposed development will utilize the existing stormwater management facility that was previously designed and approved under SUB By Right Impact: Same as above. D. Schools. It is estimated that the project will generate approximately (39 units x 0.32 student per unit) school aged children according to the County school system s analysis. The Applicant will also provide cash proffers in the amount of $495, to offset any school capital facility impacts in the relevant school attendance zone area of the Property. Please review additional details in the attached proffer statement. 5

18 Attachment 1 Page 6 of 10 By Right Impact: A by-right development would result in approximately 2 dwelling units or approximately 0.64 school aged students without the benefit of any proffers for school improvements. E. Recreational Facilities. We believe there are adequate park facilities in the nearby area of this site, including without limitation Embrey Mill, to address park and recreation impacts. The Applicant will also provide cash proffers in the amount of $250, for purpose of contributing to new park facilities. Please review additional details in the attached proffer statement. By-Right Impact: A by-right development would generate approximately 2 dwelling units without the benefit of any proffers for park improvements as provided in the attached proffer statement. 2. Environmental Impact. The wetland and stream boundaries on the subject property were delineated as part of the Colonial Forge project and approved by the U.S. Army Corps of Engineers under Jurisdictional Determination No. 03- C0029 dated October 15, An unnamed tributary to Accokeek Creek extends through the northern portion of the Project. In response to comments received from Stafford County during review of the Project s Early Grading Plan (SUB ), this stream was re-flagged and surveyed by Bowman on January 27, Based on County GIS and the results of the Perennial Flow Evaluation conducted for the Colonial Forge project and approved by Stafford County in 2005, this unnamed tributary is considered perennial, and a site-specific Critical Resource Protection Area (CRPA) boundary is mapped along it and within the Project boundaries, as approved by Stafford County during review of the Project s Early Grading Plan. No impacts to streams, wetlands, or CRPA are proposed with this Project. Based on Bowman s review of threatened and endangered species information obtained from the U.S. Fish and Wildlife Service (F&WS), the Virginia Department of Conservation and Recreation (DCR), and the Virginia Department of Game and Inland Fishers (DGIF) and current site conditions, no suitable habitat for listed species is present within the Project s proposed development area. Therefore, no adverse impacts to threatened and endangered species or critical habitat are anticipated. The Project was previously cleared and graded in accordance with the approved Early Grading Plan (SUB ); therefore, no additional tree removal activities are anticipated. By-Right Impact: Any development utilizing the same developable area will have the same impacts on environmentally sensitive features. 6

19 Attachment 1 Page 7 of Impact on Adjacent Properties. The proposed development is compatible with and similar to development on surrounding properties and is a positive in-fill residential development plan in accordance with the Comp Plan policies relevant to this area. 4. Historical Sites. This Property has no known archeological or architecturally significant sites. Accordingly, there is no impact to historical sites under the proposed development. 5. Exhibits: The following exhibits are enclosed herewith and are a material part of this application: (a): Generalized Development Plan The Courtyards of Colonial Forge, dated May 2016, as last revised. (b) Elevations and Renderings prepared by Pinnacle Design & Consulting Inc. (c) Transportation impact analysis prepared by Green Light Solutions, titled Traffic Impact Analysis Courtyards of Colonial Forge dated May 13,

20 Attachment 1 Page 8 of 10 EXHIBIT A GDP See attached Generalized Development Plan The Courtyards of Colonial Forge, prepared by Bowman Consulting, dated May 2016, as last revised. 8

21 Attachment 1 Page 9 of 10 EXHIBIT B Renderings 9

22 Attachment 1 Page 10 of 10 EXHIBIT C See attached TIA dated May 13,

23 Attachment 2 Page 1 of 4 O16-45 PROPOSED BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA ORDINANCE At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, George L. Gordon, Jr., Government Center, Stafford, Virginia, on the day of, 2016: MEMBERS: VOTE: Robert Bob Thomas, Jr., Chairman Laura A. Sellers, Vice Chairman M. G. Meg Bohmke Jack R. Cavalier Wendy E. Maurer Paul V. Milde, III Gary F. Snellings On motion of, seconded by, which carried by a vote of, the following was adopted: AN ORDINANCE TO AMEND AND REORDAIN THE STAFFORD COUNTY ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP TO RECLASSIFY FROM THE A-1, AGRICULTURAL ZONING DISTRICT TO THE R-3, URBAN RESIDENTIAL HIGH DENSITY ZONING DISTRICT, TAX MAP PARCEL NOS B & 28-94C, LOCATED WITHIN THE HARTWOOD ELECTION DISTRICT WHEREAS, CF Land Investments, LLC (Applicant), submitted application RC , requesting a reclassification from the A-1, Agricultural Zoning District to the R-3, Urban Residential High Density Zoning, Tax Map Parcel Nos B & 28-94C, located in the Hartwood Election District; and WHEREAS, the Board carefully considered the recommendations of the Planning Commission and staff, and the public testimony, if any, received at the public hearing; and WHEREAS, the Board finds that the requested zoning amendment is compatible with the surrounding land uses and meets the criteria for a rezoning in Stafford County Code Sec ; and WHEREAS, the Board finds that public necessity, convenience, general welfare, and good zoning practice require adoption of this Ordinance to reclassify the subject property;

24 Attachment 2 Page 2 of 4 O16-41 Page 2 NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the day of, 2016, that the Stafford County Zoning Ordinance be and it hereby is amended and reordained by amending the Zoning District Map to reclassify from the A-1, Agricultural Zoning District to the R-3, Urban Residential High Density Zoning District, Tax Map Parcel Nos B & 28-94C. CDB:JAH:ws

25 Attachment 2 Page 3 of 4 R PROPOSED BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA RESOLUTION At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, George L. Gordon, Jr., Government Center, Stafford, Virginia, on the day of, 2016: MEMBERS: VOTE: Robert Bob Thomas, Jr., Chairman Laura A. Sellers, Vice Chairman M. G. Meg Bohmke Jack R. Cavalier Wendy E. Maurer Paul V. Milde, III Gary F. Snellings On motion of, seconded by, which carried by a vote of, the following was adopted: A RESOLUTION TO DENY THE REQUEST TO AMEND AND REORDAIN THE STAFFORD COUNTY ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP TO RECLASSIFY FROM THE A-1, AGRICULTURAL ZONING DISTRICT TO THE R-3, URBAN RESIDENTIAL HIGH DENSITY ZONING DISTRICT, TAX MAP PARCEL NOS B & 28-94C, LOCATED WITHIN THE HARTWOOD ELECTION DISTRICT WHEREAS, CF Land Investments, LLC (Applicant), submitted application RC , requesting a reclassification from the A-1, Agricultural Zoning District to the R-3, Urban Residential High Density Zoning, Tax Map Parcel Nos B & 28-94C, located in the Hartwood Election District; and WHEREAS, the Board carefully considered the recommendations of the Planning Commission and staff, and the public testimony, if any, received at the public hearing; and WHEREAS, the Board finds that the requested zoning amendment is incompatible with the surrounding land uses and does not meet the criteria for a rezoning in Stafford County Code Sec ; and

26 Attachment 2 Page 4 of 4 R Page 2 NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the day of, 2016, that application RC be and it hereby is denied. CDB:JAH:ws

27 Attachment 3 Page 1 of 7 D R A F T For Discussion Purposes Only VOLUNTARY PROFFER STATEMENT Applicant: Property: Owner: Project Name: CF Land Investments LLC Tax Map Parcels 28-94B & 28-94C, known as 3 Accokeek Furnace Road and 1183 Kellogg Mill Road, containing a total of acres subject to the rezoning CF Land Investments LLC The Courtyards of Colonial Forge Rezoning Request: From A-1 to R-3 Date: October 11, 2016 File No.: RC General Requirements. (a) The following proffers are being made pursuant to Sections and , et seq. of the Code of Virginia (1950), as amended, and Section , et seq. of the Stafford County Zoning Ordinance. The proffers provided herein are the only proffered conditions offered in this rezoning application, and any prior proffers in which the Property may be subject to or previously offered with the Applicant s application or otherwise previously proffered are hereby superseded by these proffers, and further said prior proffers are hereby void and of no further force and effect. In addition and notwithstanding the foregoing, the proffers provided hereunder are conditioned upon and become effective only in the event the Applicant s above referenced Application file number is approved (including through applicable appeal periods) by the Stafford County Board of Supervisors (the County ). (b) Subject to the terms hereunder, the Property will be generally developed in accordance with that certain generalized development plan entitled Generalized Development Plan, The Courtyards of Colonial Forge, dated May 2016, as last revised, and prepared by Bowman Consulting, which plan is attached hereto and marked as Exhibit A (the GDP ). The development shall include a total of 49 residential condominium uses of which 39 units are subject to this underlying rezoning (Lots 1-24 and 35-49) and 10 units previously rezoned to R-3 (Lots 25-34), which are not subject to this rezoning but are inclusive within the development (all as shown on the GDP). 1

28 Attachment 3 Page 2 of 7 (c) For purposes of the final site plan (which will supersede the GDP after County approval), proposed parcel lines, parcel sizes, building envelopes and footprints, access points, building sizes, building locations, public road locations, private driveway, road and travel way locations, interparcel connectors, RPAs and wetland areas, utility locations, storm water management facilities, and dimensions of undeveloped areas shown on the GDP may be relocated and/or amended from time-to-time by the Applicant to address final development, engineering, and design requirements and/or compliance with federal or state agency regulations including, but not limited to, VDOT, DEQ, Army Corps of Engineers, etc., and compliance with the requirements of the County s development regulations and design standards manual. (d) These proffers shall run with the parcels described herein and are binding upon all future assignees, successors, grantees, or lessees thereof. 2. Architecture & Materials. For purposes of this rezoning, the architectural design of the buildings shall be in general accordance with the attached architectural renderings marked as Exhibit B (the Renderings ). The Renderings are illustrative only and do not depict the final elevations for this project. In this regard, the Renderings depict (i) a commitment to a general type, character, and quality of architectural design, details and materials; and (ii) the general types of architectural and decorative elements and features. 3. Transportation. The Applicant, subject to necessary County and VDOT approvals for the development of the project, agrees to provide the following in-kind transportation proffers, all as generally shown on the GDP: (a) The Applicant agrees to dedicate 0.39 acres of right of way along Accokeek Furnace Road for purposes of extending said road, all in the areas generally shown on the GDP. This dedication is without compensation and is an in kind proffer with a value of $54, The aforesaid transportation dedication will be conveyed upon the recordation of the first section of the record subdivision plat. (b) The Applicant agrees to construct a sidewalk to Woodcutters Road, all in the areas generally shown on the GDP. (c) The monetary value of all transportation improvements (not otherwise required for the development) and/or dedications of right of way, as provided above under this Section 3, are in kind transportation proffers for purposes of this rezoning with an aggregate value of $54, These in-kind proffers may qualify as a credit toward and offset any transportation impact fees assessed against the Property for purposes of this rezoning, all as may be applicable under state code and County ordinance. 4. Tot Lot/Community Area. The Applicant agrees to provide as part of the development a tot lot/community area, to include a play structure with safety surface, plastic timber border, bench and trash can, all as shown on the GDP. 2

29 Attachment 3 Page 3 of 7 5. Cash Contribution. For purposes of this rezoning and in addition to other proffers described hereunder, the Applicant agrees to pay, in the aggregate, $952, in cash proffers, all as described in more detail below. These cash proffers are also subject to annual increases or decreases to be calculated on a yearly basis commencing three (3) years after the date of final County approval of this proffer statement. Such increases or decreases shall be calculated by multiplication of the Marshall-Swift Index and not the Consumer Price Index of the Department of Labor Statistics for the current year by the original per unit cash proffer amount. All cash proffers shall be paid per unit upon issuance of a final certificate of occupancy by the County for each said unit. These cash proffer contributions, paid from the Applicants to the County, will include an aggregate payment of $24, per unit (for each of the 39 units subject to this rezoning known as Lots 1-24 and on the GDP) upon final County certificate of occupancy for each unit, and allocated on a per units basis as follows: (a) (b) (c) (d) (e) (f) Fire & Rescue: $1, per unit Parks & Recreation: $8, per unit Transportation: $3, per unit Libraries: $0.00 per Unit Schools: $12, per unit General Government: $0.00 per Unit 6. Covenants. The Applicant, prior to developing the Property, shall encumber the Property with a declaration of conditions, covenants, restrictions, and easements for the purpose of (a) protecting the value and desirability of the property; (b) facilitating the planning and development of the development in a unified and consistent manner; and (c) providing for the installation, maintenance, and repair for all landscaping, on-site amenities, open space, and other common areas. The Applicant will also create a property owner s association as a non-stock corporation under the laws of Virginia that will provide and ensure oversight and structure for services provided, quality standards, and common area maintenance. 7. Airport Compatibility Mitigation Measures. For purposes of mitigating any airport land use compatibility issues, the Applicant agrees to the following mitigating measures: (a) to utilize sound proofing construction materials to reasonably mitigate noise generated from airplane turning patterns within the H-3 airport compatibility zone; (b) to provide purchasers of the subject units real estate disclosure notices regarding the airport and its proximity to the project on initial deed of transfers; and 3

30 Attachment 3 Page 4 of 7 (c) to provide notification statements about the airport on all plans of development and marketing materials. [AUTHORIZED SIGNATURES TO FOLLOW] 4

31 Attachment 3 Page 5 of 7 APPLICANT/OWNER ACKNOWLEDGMENT & CONSENT CF LAND INVESTMENTS LLC, a Virginia limited liability company By: STAFFORD ASSOCIATES LIMITED PARTNERSHIP NO. 2, a Virginia limited partnership, its Sole Member By: Augustine Land & Development, Inc. a Maryland corporation, its General Partner By: Name: Title: STATE OF CITY/COUNTY OF, to-wit: The foregoing instrument was acknowledged on this the day of, 2016, by, as of Augustine Land & Development, Inc., a Maryland corporation, as General Partner of STAFFORD ASSOCIATES LIMITED PARTNERSHIP NO. 2, a Virginia limited partnership, as Sole Member of CF Land Investments LLC, a Virginia limited liability company, on behalf of the company. My Commission expires: Notary Registration Number: Notary Public 5

32 Attachment 3 Page 6 of 7 EXHIBIT A Generalized Development Plan Generalized Development Plan The Courtyards of Colonial Forge, dated May 2016, as last revised and prepared by Bowman Consulting. 6

33 Attachment 3 Page 7 of 7 EXHIBIT B RENDERINGS

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