BACKGROUND REPORT. Zoning Map

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2 Attachment 1 O14-32 R BACKGROUND REPORT The Board is asked to consider a request to amend proffered conditions on Assessor's Parcel 21-50B, zoned B-2, Urban Commercial, to modify building size and design standards. Zoning History The subject parcel was originally zoned R-1, Suburban Residential, and designated as an open-space parcel in Section 2A of the Hills of Aquia Subdivision, with conditions requiring that the land be dedicated to and maintained by the homeowners association. The parcel was transferred from Augustine Homes to Aquia Commercial, LLC, in January, On March 17, 2009, a plat of vacation was approved by the Board to remove the open-space designation from the parcel. The plat was recorded on May, 12, On May 22, 2008, an application was submitted to rezone the property to B-2, Urban Commercial. On June 2, 2009, the Board denied the zoning reclassification request. The applicant challenged the Board s decision by filing suit in the United States District Court. On February 12, 2010, the reclassification to B-2 was deemed approved through a court order with the proffers proposed by the applicant serving as conditions of approval (Attachment 8). On September 17, 2010, a grading plan was approved for the site. No other development applications have been submitted on the site. Existing Conditions Zoning Map The subject area is undeveloped. The area of the site planned for development was graded and includes a retaining wall. The retaining wall separates the development area from a critical resource protection area (CRPA) buffer covering the southern and eastern portions of the property, and located along a tributary to Aquia Creek that includes associated wetlands and a 100-year floodplain. This area is primarily forested. No cultural resources are known to exist on the site.

3 Attachment 1 O14-32 R Page 2 COMMENTS: The applicant requested an amendment to the current development conditions to modify the size limitations and architectural design standards of the proposed building (Attachment 5). The proffer amendment would allow for a medical office building. Specifically, the Generations of Women medical office is seeking to expand into this area of the County. A two-story, 19,000 square foot building is proposed. The original development restrictions limited the size of the building to 8,710 square feet and permitted a two-story building for office uses. In addition, the proffers required that the building utilize primarily brick materials and include a gable or hip roof consisting of standing seam metal. In contrast to the original proposal, the currently proposed building would have a flat roof and include stone and glass as the primary building materials. Also, to meet the business s parking requirements within a relatively smaller development area, the applicant is proposing construction of a basement parking garage. As such, the applicant also proposes to modify conditions and clarify that the two stories may be located over a basement parking garage. Proffers (Attachment 9, 10) The proposed amendments to the existing proffers are summarized below. Proffer 6: Add stone and glass as permissible primary building materials. Specify that the building design will be consistent with a new architectural rendering. Increase the maximum allowable building size to 19,000 square feet, but only if used for general office, professional office, or medical/dental office use.

4 Attachment 1 O14-32 R Page 3 Proffer 22: Add that the building may be constructed over basement garage parking. New Proffer 23: Require installation of an approved carbon monoxide detection system per NFPA 720 if a basement parking garage is included as a portion of the building. Other Proffers: Correct minor clerical errors. Generalized Development Plan (GDP) (Attachment 6) The GDP depicts the location of the building, travel ways, parking, access, and open space. The site would include a single access point off of Coachman Circle, across from the access drive to St. William of York Catholic Church. The building would be oriented toward the intersection of Coachman Circle and Jefferson Davis Highway. Parking surrounds the site on three sides and the garage parking is superimposed within the building s footprint. The retaining wall is located along the back side of the building to preserve the CRPA as open space.

5 EVALUATION: Attachment 1 O14-32 R Page 4 Intensity Although the proposal would more than double the allowable square footage, staff does not believe the use would have a negative impact on the surrounding properties. The building footprint is in the same location, and a similar size as the original proposal. The current proposal maintains the original two-story height limitation. In addition, utilization of a flat roof would minimize the visual effect of the larger building. The proposed building size is not out of character from other commercial uses, and is less intense than other buildings, which range from four to five stories in height. The environmental constraints on the site would likely prohibit any building larger than this proposal. The CRPA is a buffer between this site and residential properties located to the east of the property. Transportation Impacts The original proposal envisioned a multi-tenant retail building or drive-through bank as potential uses with the highest intensity. The applicant provided a traffic analysis that showed that the traffic generated from a 19,000 square foot medical office use would be less than that of a drive-through bank. The analysis showed that the medical office would generate 678 vehicle trips per day (VPD), 68 vehicle trips per hour (VPH) in the AM peak, and 80 VPH in the PM peak. In contrast, a drive-through bank would generate 1,275 VPD, 106 VPH in the AM peak, and 393 VPH in the PM peak. Building Design (Attachment 7) The original development conditions limited the building design to material and feature standards with representative images. The applicant proposes that a specific design be applied to development of the site. Staff believes the design of the building is consistent with the architectural standards in the Neighborhood Development Standards (NDS) element of the Comprehensive Plan. The building materials would consist of a stone and glass façade, include wall-plane recesses and projections, and include an enhanced entryway. The illustration below would be included as part of the new proffers.

6 Fire Safety Attachment 1 O14-32 R Page 5 Upon request from the Fire Marshal s Office, the applicant is proffering to install an approved carbon monoxide detection system in the building (per NFPA 720), if a basement parking garage is included as a portion of the building to be constructed on the site. Comprehensive Plan - Land Use The Land Use Plan designation for the property is commercial corridor within a suburban area. Commercial corridors are intended to encourage commercial activities where there are adequate transportation facilities to accommodate proposed uses. Infill development, and the reuse of underdeveloped commercial sites, is encouraged. The proposed development is consistent with the recommended future Land Use Plan. This proposal would allow neighborhood-serving commercial uses consistent with recommendations in the Land Use Plan, and does not affect any nearby residential communities. EVALUATION CRITERIA: County Code Sec lists 12 criteria to be considered at each public hearing for reclassification. A summary of each criteria are as follows: 1. Compliance of the request with the stated requirements of the district or districts involved - The use is in compliance with the stated requirements of the B-2 Zoning District. 2. The existing use and character of the property and the surrounding property - The property is currently undeveloped. Nearby properties fronting Jefferson Davis Highway to the north and south are developed commercially. Across the street to the west is a campground, to the north is a place of worship, and to the east are single-family residential dwellings. 3. The suitability of the property for various uses - The size of the buildable area of the site is limited by environmental resources. A variety of smaller scale commercial uses may be suitable for the property given the location along Jefferson Davis Highway. 4. The trend of growth and development in the surrounding area - Other properties located along Jefferson Davis Highway are developing commercially. 5. The current and future requirements of the county for land - Existing proffers commit to the dedication of right-of-way along Jefferson Davis Highway for future widening to six lanes. 6. The transportation requirements of the project and the county, and the impact of the proposed land use on the county transportation network - The proposed proffer amendment should allow for a reduced impact to the transportation network. The proffer amendment supports a specific use that has a lower trip generation rate than uses that would otherwise be permitted. 7. Requirements for schools, parks, recreational lands and facilities, and other public services, potentially generated by the proposed classification - The proposal would not impact schools and parks. The increased impact on public safety would be nominal.

7 Attachment 1 O14-32 R Page 6 8. The conservation of property values in the surrounding area - The proposed amendments would not change the project s effect on property values in the surrounding area. 9. The preservation of natural resources and the impact of the proposed uses on the natural environment - The proposal did not include any additional clearing or development of the property that would impact natural resources. 10. The most appropriate use of land - The proposal does not change the proposed use of the land. 11. The timing of the development of utilities and public facilities and the overall public costs of the development - Water and sewer utilities and road improvements are in place to serve this site. Any additional facility improvement needs would be borne by the applicant. 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. SUMMARY OF POSITIVE AND NEGATIVE FEATURES: POSITIVE: 1. The proposal is consistent with the Comprehensive Plan future land use recommendations; 2. The increased building square footage does not result in an increased impact to surrounding properties; 3. Architectural design is consistent with the County s Neighborhood Design Standards Plan; and 4. Building design meets public safety needs. NEGATIVE: 1. No apparent negative impacts. RECOMMENDATION: On August 13, 2014, the Planning Commission voted 7 to 0 to recommend approval of the application (Attachment 4). Staff recommends approval of the application, pursuant to proposed Ordinance O14-32.

8 Attachment 2 O14-32 R LAND USE ACTION REQUEST BOARD OF SUPERVISORS Date: September 16, 2014 [X] New [ ] Revised [ ] Unfinished REQUEST: Amendment to Proffered Conditions on Assessor's Parcel 21-50B, zoned B-2, Urban Commercial, consisting of 3.18 Acres. Conforms with Comprehensive Plan? [X] Yes [ ] No [ ] N/A CONDITIONS: See Proposed Ordinance O14-32 APPLICANT: Name: Address: Agent: Edward O. Minniear, Jr. Aquia Commercial, LLC 1201 Central Park Boulevard Fredericksburg, VA Jervis Hairston Silver Development Company PLANNING COMMISSION RECOMMENDATION: Approve [X] Deny [ ] At a meeting on August 13, 2014, the Planning Commission voted 7-0 to recommend approval of the request. TIMING: Application Date July 15, 2014 Advertisement Date/s September 2, 2014 and September 9, 2014 Plan. Comm. Action Date August 13, 2014 (Required) November 11, 2014 Proposed Board Action Date September 16, 2014 (Required) July 14, 2015

9 Property & Location Attachment 3 Page 1 of 1 I-95N JEFFERSON DAVIS HWY COACHMAN CIR RC RECLASSIFICATION HILLS OF AQUIA COMMERCIAL PROFFER AMENDMENT JEFFERSON DAVIS HWY SITE COACHMAN CIR JEFFERSON DAVIS HWY TM: 21-50B SUTTON CT COACHMAN CIR 8/13/14 BARLEY MILL CT Stafford County Department of Planning & Zoning P.O. Box 339, Stafford, VA (540)

10 Planning Commission Minutes August 13, 2014 Attachment 4 Page 1 of 8 2. RC ; Reclassification Hills of Aquia Commercial Proffer Amendment - A proposal to amend proffered conditions on Assessor's Parcel 21-50B, zoned B-2, Urban Commercial. The property consists of 3.18 acres and is located on the southeastern corner of the intersection of Jefferson Davis Highway with the northern Coachman Circle entrance, within the Aquia Election District. (Time Limit: November 11, 2014) Mr. Harvey: Thank you Mr. Chairman. Kathy Baker will also be giving this presentation. Mr. Rhodes: It s the Kathy Show. Mr. Gibbons: You know, Mike never has problems with that board. Mrs. Baker: They told me I had to start using it a different way so I start that and I can t figure it out. Okay, computer please. Item number 2 is a proffer amendment for the Hills of Aquia Commercial. This request is to amend proffered conditions on Assessor s Parcel 21-50B. This is a 3.1 acres site zoned B-2, Urban Commercial. It s located within the Hills of Aquia subdivision. The applicant is Aquia Commercial, LLC. You can see the property highlighted in red is the site located on the east side of Jefferson Davis Highway just south of Coachman Circle. Coachman Circle you see goes into the Hills of Aquia neighborhood. The surrounding properties to the west and the south and the east are B-2, as well as the subject property. And then to the north is R-1 zoned property. This was originally zoned R-1 and designated as open space in the Hills of Aquia subdivision. In March 2009 there was a proposal by the property owner to vacate the plat and remove open space designation. This was approved by the Board of Supervisors and then the plat was recorded in May of The property owner then came forward in June of 2009 with a rezoning reclassification to B-2; however, the Board did deny that request. Following in February, 2010, there was a court order that approved the rezoning and then the proffers that were originally proffered with that zoning served as a condition of approval to that court order. In September of 2010 there was a grading plan approved for the property, but no further plans have been submitted at this time. As you can see again, the corner of the parcel at the intersection of Coachman and Jefferson Davis Highway has previously been cleared. There is a retaining wall that exists to the rear of that in between the wooded area that you see which does have a floodplain and Resource Protection Area. You ll see the entrance road off of Coachman opposite of this site goes to serve the St. William of York Catholic Church. Again, we re looking to amend the current development conditions that would modify the size limitations basically and the architectural design standards of the proposed building. The proffer amendment would allow for a medical office building, specifically, Generations of Women medical office which is seeking to expand into the County in this area. A two-story 19,000 square foot building is proposed. The original development restrictions limited the size of the building to 8,710 square feet and did permit a two-story building only for office use. The proffers did also require that the building utilize primarily brick materials and include a gable or hip roof consisting of standing seam metal. With this proposal, the building would have had a flat roof and include stone and glass as the primary building material. The applicant is proposing to modify these conditions to clarify that the two stories may be located over a basement parking garage, which is proposed with this. So, the proffers that you see specifically are with proffer 6, the development intensity and design, and then proffer 22, the height of the building, specifically

11 Planning Commission Minutes August 13, 2014 Attachment 4 Page 2 of 8 changing the language to include the reference to be constructed over the basement parking garage. Proffer 23 is an additional proffer that our Fire and Rescue folks had asked for requiring the installation of a carbon monoxide detection system for the basement parking, if that is indeed built. This is the proposed Generalized Development Plan. And one entrance off of Coachman Circle to serve the building; the rear of the building would back up to that retaining wall facing into the wooded area and the Resource Protection Area. The entrance would be located across from that entrance road into the church. In staff s evaluation, we did determine that doubling the building square footage would not have a negative impact on the surrounding properties. There is separation to the residential areas. The proposed medical office it s in a larger building area but has a lower traffic generation and other potential uses that can go into the building. The additional carbon monoxide detection system that was requested has been added and the proposed use is consistent with the commercial corridor under the future land use designation. The design of the building is consistent with the neighborhood design standards plan, and this is the rendering. And staff is recommending approval of the ordinance with the amended proffers as proposed. And I ll be happy to answer any questions. Mr. Rhodes: Questions for staff? Mrs. Bailey. Mrs. Bailey: With the original request and it being a court order that was very specific as to the building materials that were going to be used, are we able to change that just with a proffer amendment? Ms. McClendon: Commissioner Bailey, there is nothing in the court order that prohibits the County from amending the court order. It can be handled in the regular course of a rezoning, so through a proffer amendment is the correct avenue. Mrs. Bailey: Okay, thank you very much. With the existing buildings that are there in front of the Hills of Aquia, there is a 7-Eleven, a car dealership, and also a hotel, and they are all very consistent in their design. With the original development of the Hills of Aquia, were there any stipulations in that development that would talk about those outer parcels and how they should be the look of those outer parcels? Mrs. Baker: I don t recall. Jeff, do you have any insight on that? Mr. Harvey: There are proffers for architectural facets of the buildings, but not specific elevations. They speak generally to utilizing brick and masonry construction for façades and similar type of features. Mrs. Bailey: And then the only other question I have right at the moment well, I did drive by several times and take a look at the area, and there does appear to be with the floodplain there and also the, looks like from the properties that are behind it, the terrain of the properties looks like it all comes down to that particular site. And you can see why someone would want to utilize a building there with a basement. But as far as I mean, would there be any issues of flooding with that area inasmuch as it looks like it just kind of pools into that area.

12 Planning Commission Minutes August 13, 2014 Attachment 4 Page 3 of 8 Mrs. Baker: I know this question was asked and staff had looked into that and I think because of the elevation, as well as the retaining wall that serves behind that building, that the flooding of the basement is not going to be an issue. Mrs. Bailey: And did VDOT take a look at that intersection there? That s just a very heavily travelled area. With the addition of a large building, does VDOT have any plans for a traffic signal to go there? Mrs. Baker: Not at this particular intersection. I believe that the southern intersection with Coachman Circle, down closer to the 7-Eleven, is where in the scheme of things the signal was planned. Also because of the distance separation, there is a signal to the north of this at Port Aquia. Mrs. Bailey: Right there at the church. Mrs. Baker: And the church. So that would not likely be enough of a separation, so the proposal was to have it at the southern entrance, which this does have connection so people could use that southern entrance and go out at that stoplight. Mrs. Bailey: Okay, thank you. Mr. Rhodes: Thank you. Other questions for staff at this point before I have the applicant come forward? Mr. English: They could use the exit I mean that road that goes by St. William of York, correct, if they had to? Or is that a private road? Mrs. Baker: Is it private? Mr. Gibbons: No, they use it (inaudible - microphone not on); it s open (inaudible). Mr. English: Okay, so it s open to the public? Okay, I ll just wait. Mr. Coen: In addition to the flooding question, the number of parking if there s going to be parking underneath the building I was just curious about the number of parking spaces on the outside of the building. And that sort of ties into the traffic going in and out the one entrance. Did staff have any view that either you redo the design or we didn t need as many outside parking spaces if there is going to be one? And I guess the other question is, because I think one of your sentences was, they envisioned parking underneath. Is it a definitive because it just seems like we re using a pretty big footprint for parking if there s additional parking underneath. Mrs. Baker: And I think I ll let the applicant address that. We don t know enough about the specifics as to, you know, if they re planning additional parking to meet a certain intent if they have that. We don t have restrictions on over-parking; if they feel that they are going to need it, ours are only based on a minimum requirement.

13 Planning Commission Minutes August 13, 2014 Attachment 4 Page 4 of 8 Mr. Coen: Thank you. Mr. Rhodes: Okay, any other questions before we have the applicant come forward? Okay, applicant please. Mr. Hairston: Good evening, Jervis Hairston representing Aquia Commercial, LLC, which is a subsidiary of the Silver Companies. Thank you for the time. We ve been, quite frankly, looking for a use to occupy this site for quite a while since back in And we did initially encounter a fair amount of opposition to the proposed multi-tenant retail building that was going to go there, and even the drive-through bank with 3 the bank with 3 drive-through windows was such that it generated more traffic than a medical office. And, in fact, what we found at the time is that most folks were looking for something that was more in line with an office use versus a multi-retail and restaurant use. And so we were lucky enough that Generations of Women saw the site and it happened to be in the location between their clientele to the north in Potomac and to the south in Stafford and Fredericksburg hospitals that they chose to work with us to put their office building here. I d point out that while we had proffered a footprint of 8,710 square feet for the previous building that we re asking for a proffer amendment on, the proposed building, as a 2-story building, still only will expand that footprint by roughly 700 square feet. So the footprint of the building is roughly 9,400 square feet; it s just going to be two stories. So the footprint of the building, 7% more than what was proffered before. It s just a 2-story building over parking. The reason why you re looking at a fair amount of parking in the basement of the building plus on the site is this office user is a very successful office user thankfully. And, by the way, we have with us the business manager of the office, Dr. Mercado s husband, Brandon Stallard, is with us and he can answer any specific questions you may have about that use. But they do anticipate a very successful practice because they ve been successful everywhere else. However, we are happy that they chose this site and we are working with them to make it happen. And we would appreciate any consideration you have here. And we d be glad to answer additional questions. In addition to Mr. Stallard, the business manager for the Generations of Women medical office complex, we also have our engineer, John Fairbanks, from Fairbanks and Franklin, and we d be glad to answer questions that you have. Thank you. Mr. Rhodes: Thank you. Questions for the applicant? Mr. English? Mr. English: I m curious what kind of Generations of Women, explain what type of business that is. Mr. Hairston: It s an OBGYN medical office and I think it ll have some lab component in it as well. Mr. English: Is it a subsidiary to any hospital or is it just a standalone business? Mr. Rhodes: If you could just state your name for the record, sorry sir. Thank you. Mr. Stallard: This is my first Planning Commission meeting if you can t tell.

14 Planning Commission Minutes August 13, 2014 Attachment 4 Page 5 of 8 Mr. Rhodes: Welcome! Mr. Stallard: Thank you. Brandon Stallard, office manager. Dr. Mercado wanted to be here tonight. She s on call delivering babies, so she couldn t; she sent me instead. But could you repeat the question? Mr. English: Is it a subsidiary to like another hospital or is it just a standalone business? Mr. Stallard: No, it s private practice. Mr. English: Private practice. Mr. Stallard: Correct. And we re very excited about working with Stafford Hospital in particular. And that s part of our decision process in going to this area. Mr. English: This is not going to be a 24-hour business like Patient Care, nothing like that is it? Mr. Stallard: No sir, nothing like that. We do have extended hours but it s not anything that goes on into the night. I mean, right now we re open till probably around 6:30 or 7 o clock, and that may change as time moves on to, you know, 8 o clock-ish, something along those lines. But we re not trying to go 24 hours. Mr. Rhodes: Thank you. Mrs. Bailey? Mrs. Bailey: Mr. Chairman, I do have a question. What is the significance of the change in the exterior construction of the building? Why are you asking for that particular proffer? Mr. Hairston: Yeah, I think what we had proffered before was primarily brick and glass and now I think we ve introduced stone. The other I think difference has to do with the hip or gable roof versus the flat roof. But quite frankly, I m glad you asked that question because even though I think in my narrative I d indicated the primary exterior material would be stone and glass, I think they re actually looking to utilize brick as well. So, it may be much more compatible than what I represented in my narrative. Mr. Rhodes: Other questions? Please, I m sorry, was there more? Mrs. Bailey: And then I did have one other question. The Generation of Women, will that building be primarily for your use? Will you have lease out other spaces to other medical practices? Mr. Stallard: We have one letter of intent right now with a laboratory that works hand in hand with what we re doing. And there s minor amounts of rentable space, but almost the size of exam rooms, not whole sections. I think there s about maybe a thousand square foot of actual rented space or will be by a laboratory.

15 Planning Commission Minutes August 13, 2014 Attachment 4 Page 6 of 8 Mrs. Bailey: What s the approximate square footage that the Generations of Women will utilize? Mr. Stallard: Everything but a thousand (inaudible). Mrs. Bailey: Everything but about a thousand? Mr. Hairston: Eighteen seven fifty will be the total. Mrs. Bailey: Okay, thank you. Mr. Rhodes: Other questions for the applicant? I would not really a question I would just share before we go to public comment. At some point it s going to change but we had a lot of heavy emphasis both with the hotel and with the 7-Eleven to keep a strong character for the residential development that is there. And even the car dealership completely changed their front end of their portion to the brick and gabled roof to complement and keep a consistent theme to be respectful of the neighbors. So, I m sure that that s what several of us are thinking about; at what point does it change and why is it changing before we get in the front of the neighborhood or do we really want to go there? So that s not necessarily you deal with the Sheetz, you deal with the 7-Eleven. They ve got some corporate standards, you know, that they go and you have to really wrestle with them, which we did and we won on the 7-Eleven. So this is not necessarily a style that you use at other locations or operations? The design? Mr. Stallard: No sir, this is the first building that we ve built. Correct that this is the beginning of our style. So, yeah, as the company expanded, we would have probably a similar look. And again, you might be provided with a picture and we feel it s an absolutely stunning building and I think it s going to be very recognizable. I mean, I think the people that live off Coachman Circle would tell their friends hey, at that beautiful building, turn left, that s where we live. So, that s kind of our feel. Mr. Rhodes: Okay. Thank you. Are there any other comments before we go to public? If there s any member of the public that would like to speak on this item, you may come forward and do so at this time. Again, you state your name and your address. A green light will come on indicating 3 minutes available to you. A yellow light will come on when there is 1 minute remaining, and then when the red light comes on we just ask that you work to conclude your comments. Thank you. Ma am. Ms. Callander: Yes, Alane Callendar. Before I came over this evening, I checked the website for this business, Generations of Women; very impressive website. I had heard of the group from their marketing campaign, they re on the radio, if you re on the computer sometimes their ads pop up. Very impressive in their marketing. I m sure that they ll be very successful. There, of course, is always a need for this kind of business in our community. They ll be near Stafford Hospital and those in Prince William can also come down and use their services. So I think this is an excellent business. Thank you.

16 Planning Commission Minutes August 13, 2014 Attachment 4 Page 7 of 8 Mr. Rhodes: Thank you very much. Is there anyone else who would like to come forward and speak? Seeing no one come forward, I ll close the public comment portion of the public hearing and bring it back to the Planning Commission. Any other comments from anybody? I ll just share that I think that the concept of the business is a good one for the County. It s in Mrs. Bailey s district. I would just share a comment that I think the business is exciting, I think the opportunity is exciting, it s certainly an interesting site property but certainly in a nice location. I do wrestle personally a little bit with the, you know, where do we change the design standard feel that we did work to complement the entrances to the neighborhood and that s the one thing that I m kind of wrestling around with in my mind. But we ll see where we go. Mrs. Bailey, it s in your district I believe. Mrs. Bailey: Yes it is Mr. Chairman. And I do have a concern as well as far as the architectural look of the building in as much as I was not part of the Planning Commission when the other properties were approved with the current design standards. So, I mean I don t know if it would be prudent to try to find out if we could get a little bit more detailed look with the proposed building or if everybody is okay with the way that it stands. Any discussion or thoughts about that? Mr. Rhodes: Nobody else has any Mr. Apicella: I have to tell you, when I saw the picture I was pretty impressed. Mr. Rhodes: It s a good looking building. Mr. Apicella: There is not much not to like here. Quite frankly I thought, wow! And I am pleased that they are actually proffering a specific building and materials. We don t often get that. So if we were to take a vote, I would probably support it. Mrs. Bailey: Okay, alrighty. Okay then I would like to make a motion to approve the reclassification or RC Mr. Rhodes: Okay a motion recommending approval and a second? Mr. Gibbons: Second. Mr. Rhodes: Second by Mr. Gibbons. Any other comment Mrs. Bailey. Mrs. Bailey: No further comment. Mr. Rhodes: Okay, any further comment Mr. Gibbons? Mr. Gibbons: Yes, I would like to make a big push for the Stafford Hospital now that we have a woman s clinic. We had a hundred births last month in Stafford Hospital.

17 Planning Commission Minutes August 13, 2014 Attachment 4 Page 8 of 8 Mr. Rhodes: Awesome. Mr. Gibbons: And that is a plus for the community. Mr. Rhodes: Very much so. Mr. Gibbons: So this could not be at a better time. Mr. Rhodes: Okay, very good. Any other comment by any other member? Very good, we have a motion and a second to recommend approval of reclassification Hills of Aquia Commercial proffer amendment, RC All those in favor signify by saying aye. Mr. Apicella: Aye. Mr. Coen: Aye. Mrs. Bailey: Aye. Mr. English: Aye. Mr. Boswell: Aye. Mr. Gibbons: Aye. Mr. Rhodes: Aye. Any opposed? Okay, so it is 7-0. Thank you very much. Good luck to you. We will move on to item number 3, the Amendment to the Subdivision Ordinance, proposed O14-27.

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39 GENERALIZED DEVELOPMENT PLAN FOR PARCEL 21-50B Fairbanks & Franklin Civil Engineering Land Planning 1005 Mahone Street Fredericksburg, VA (540) SITE INFORMATION: RS TA TE 95 SHEET INDEX COVER SHEET AQUIA MAGISTERIAL DISTRICT STAFFORD COUNTY, VIRGINIA R O U TE TE 61 0 HIILS OF AQUIA HAMPTON OAKS AQUIA HARBOUR PROPERTY OWNER AQUIA COMMERCIAL LLC 1201 CENTRAL PARK BOULEVARD FREDERICKSBURG, VIRGINIA APPLICANT AQUIA COMMERCIAL LLC 1201 CENTRAL PARK BOULEVARD FREDERICKSBURG, VIRGINIA FOR PARCEL 21-50B STAFFORD COUNTY, VIRGINIA PARCEL 21-50B GENERALIZED DEVELOPMENT PLAN GENERALIZED DEVELOPMENT PLAN U COVER SHEET SHEET B B-2 (URBAN COMMERCIAL) UNDEVELOPED OFFICE BUILDING O SHEET 1 1 TITLE R SHEET IN TE TAX PARCEL: ZONING: PRESENT USE: PROPOSED USE: ENGINEER FAIRBANKS & FRANKLIN 1005 MAHONE STREET FREDERICKSBURG, VIRGINIA DATE : DESIGNED : DRAWN : CHECKED : JDF JRB JRF REVISIONS: DOCUMENT NO SHEET OF GENERALIZED DEVELOPMENT PLAN FOR PARCEL 21-50B Attachment 6 Page 1 of 2

40 Attachment 6 Page 2 of 2 Fairbanks & Franklin Civil Engineering Land Planning FOR PARCEL 21-50B STAFFORD COUNTY, VIRGINIA GENERALIZED DEVELOPMENT PLAN GENERALIZED DEVELOPMENT PLAN 1005 Mahone Street Fredericksburg, VA (540) DATE : DESIGNED : DRAWN : CHECKED : JDF JRB JRF REVISIONS: DOCUMENT NO SHEET OF 2

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49 Attachment 9 Page 1 of 6 PROFFER STATEMENT (AS REVISED) July 31, 2014 Owner/Subject Property: Aquia Commercial, LLC, Parcel 21Y- 2A-F (21-50B) Original Application No. RC Approximately 3.18 acres rezoned on February 12, 2010 (Stipulated Final Order) R-1 to B-2 with the proffer conditions outlined below. The undersigned hereby submits the following proffers, as revised, which shall replace the originally worded and submitted proffers for the above referenced rezoning. These revised proffers, if approved by the County, shall be binding and inure to the benefit of the Applicant, its successors and assigns. 1. The uses on the Property shall be limited as follows: Uses Listed in B-2 to be Allowed: Banking, Lending Institution Barbershop/Beauly Shop Child Care Center Coffee Shop Dance Studio Drugstore Florist General and Professional office* Medical/Dental Office use Gift, Antique Shop Ice Cream Shop Low Intensity Com. Retail Pet Store Restaurant (not to Include drive-thru) Retail Bakery School Veterinary Clinic (no outdoor dog runs) Uses Listed in B-2 Proffered Out/Eliminated from Consideration: Building Materials Sale Storage Yard/Mulch Sale Car Wash

50 Attachment 9 Page 2 of 6 Club, Lodge, Fraternal Organization Commercial Apartments Convenience Center, fuel sales Convenience Store Drycleaner/Laundry Flex Office Funeral Home Hotel Indoor Flea Market Lumber/Building Electrical/Plumbing Plumbing Supply Machinery Sale & Service Medium Intensity Commercial Retail Motel Place of Worship Plant & Tree Nursery Printing, Publishing, Engraving Public Facility/Utility Restaurant (with a drive-through facility) Retail Food Shop Tailor Shop Theater Warehousing, Mini-Storage Wholesale Business 2. Any use that is allowed with a drive-through win be such that the orientation of the drive-through windows will be primarily away from Jefferson Davis Highway, and located so as to minimize headlight glare onto Jefferson Davis Highway. 3. Dedication to Virginia Department of Transportation (hereinafter "VDOT) of right-of-way 80 feet from the centerline of U.S. Route 1 for future widening of the road. Such right-of-way dedication is to occur prior to final site plan approval. In addition, a 10' utility easement located behind and adjoining the right-of-way dedication shall be dedicated to VDOT for future widening of US Route 1. This 10 utility easement shall be located within the County-required street buffer area. 4. Access to the site will be limited to Coachman Circle. There will be no direct access onto U.S. Route Sidewalk shall be constructed along the site's frontage on Jefferson Davis Highway and curb and gutter will be installed at the limits of all paved surfaces on the sits except for Low Impact Development (hereinafter LID ) failures, if applicable. The sidewalk will be located within the dedicated right-of-way. 6. The proposed building on the site shall ha constructed with brick and/or stone and

51 Attachment 9 Page 3 of 6 windows constituting the primary building material in (at least 75%), and with a gable or hip roof, standing seam metal roof of green or eearth tone colors (tan, brown, green or gray), and in general accord with the example attached hereto as Exhibit A, a rendering prepared by Breeden Architecture, LLC., dated The size of the building shall not exceed 8710 sq. ft., except if used solely for general office, professional office, or medical/dental office uses, the size of the building shall not exceed 19,000 sq.ft. The building shall be in character with the illustrative examples attached as Exhibit A to the April 14, 2009 Proffer Statement submitted by Aquia in the rezoning process. The number of tenant spaces in the building, if all retail or a combination of retail and non-retail uses, shall be no more than four (4)., This limitation shall not be applicable if the building is used for solely office uses or a combination of office and non-retail uses. 7. The building(s) shall be oriented primarily towards Jefferson Davis Highway, with any rooftop equipment screened from adjacent parcels. 8. Any monument sign located on the property will be coordinated with the building materials. Carnival-style flags, banners, lights and balloons shall not be used on the site, except that for periodic events such as grand openings and special anniversaries. The business may utilize such banners, flags and balloons on a strictly temporary basis related to said special events. The use of electronic or variable message signs and flashing signs shall be prohibited. 9. Lighting shall be directed downward and inward on the she, with no greater than 0.5 horizontal foot candles at the property line. 10. Any dumpster pad(s) provided on-site shall be screened, coordinated with building materials, and located on the opposite side of the building from Jefferson Davis Highway. 11. In the event that a retaining wall is constructed on the property, it shall be constructed no closer than 10 feet from the limits of the Chesapeake Bay Resource Protection Area. Indigenous trees (at least 8 feet at planting and to include evergreen trees), shall be installed along the base of the retaining wall (if constructed) in order to help screen/buffer that part of the wall visible from Coachman Circle Prior to grading and clearing operations, the limits of the Chesapeake Bay Resource Protection Area shall be clearly identified on site and protected during

52 Attachment 9 Page 4 of 6 construction. The clearing of trees on the property shall extend no more than 10 feet behind the retaining wall (per the location of the wall as depicted on the GDP). Any trees located in the CRPA adjacent to the cleared area for construction of the retaining wall that die within two years of construction of the retaining wall shall be replaced with similar species of trees pursuant to the standards in the County's Design and Construction Standards for Landscaping, Buffering and Screening. 13. Any walk-up ATM located on the site will be oriented towards the public rightof-way to increase visibility and safety. 14. Should the use of the site include a child care center, outdoor play areas shall be oriented away from US Route 1. Should the use of the site include a veterinary clinic, there shall be no outdoor dog runs. 15. The building (3) to be constructed on the site will include the installation of a sprinkler system in accordance with NFPPA 13 standards. 16. To insure conformity with the design/architecture) provisions noted in proffers 6, 7,19, and 22, at the time of building permit application, renderings of proposed building shall be submitted to the Planning Department for review and approval within ten (10) days. 17. An on-site sign shall be erected at the property exit slating no right turn for through traffic," or "right turn for local traffic only", and "No Parking on Coachman Drive" or similar language as approved by the County. With the consent of the property owner of Tax Map Parcel #21-51,a second such sign with this language, as approved by the County* shall be erected at the access drive (opposite Sutton Court) off Coachman Circle (north) leading to and from the Nissan Dealership at such time as the access is opened. 18. As required by the County Landscaping Ordinance, the applicant will landscape and plant trees along the edge of the parking lot located on-site, as well as plant a street tree buffer adjacent to Coachman Circle. 19. No wall signs will be placed on the rear wall or the northeast side wall (closest to Coachman Circle, north) of the building constructed on the site. Any exterior signage shall be erected at the front of the proposed building and oriented toward north and south bound Jefferson Davis Highway, with the possible exception of small signs needed for drive-thru lanes associated specifically with a bank building, if constructed at the site.

53 Attachment 9 Page 5 of The hours of operation for all uses of the property shall be within the hours 6 AM to 10 PM Monday through Saturday, and 7 AM to 9 PM Sundays. In addition, trash pick-up shall not begin nor deliveries made prior to 6:00 AM on the subject property. 21. Upon a request by the County the applicant shall make to the County a one-time payment of $6000 for the installation of traffic calming measures and/or streetscape enhancements along Coachman Circle from its intersection with US Route 1 to its intersection with Sutton Court. Such request by the County may be made within two years of the issuance of a building permit for the property. 22. The building height shall be limited to one story, except that an office building may be two stories, and may be constructed over basement garage parking. 23. An approved carbon monoxide detection system shall be installed in the building per NFPA 720 if a basement parking garage is included as a portion of the building to be constructed on the site. AQUIA COMMERCIAL, LLC By: Edward O. Minniear, Jr. Title: President Commonwealth / State of :. County / City of :, to wit: I, THE UNDERSIGNED, A NOTARY IN AND FOR THE COUNTY AND STATE AFORESAID, DO HEREBY CERTIFY THAT SIGNED TO THE FOREGOING DOCUMENT, HAS PERSONALLY ACKNOWLEDGED THE SAME BEFORE ME IN MY AFORESAID JURISDICTION.

54 Attachment 9 Page 6 of 6 GIVEN UNDER MY HAND AND SEAL THIS DAY OF JULY, NOTARY PUBLIC MY COMMISSION EXPIRES: SEAL

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61 O14-32 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 16 th day of September, 2014: MEMBERS: VOTE: Jack R. Cavalier, Chairman Gary F. Snellings, Vice Chairman Meg Bohmke Paul V. Milde III Laura A. Sellers Cord A. Sterling Robert Bob Thomas, Jr 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 PROFFERED CONDITIONS ON ASSESSOR S PARCEL 21-50B, ZONED B-2, URBAN COMMERCIAL, WITHIN THE AQUIA ELECTION DISTRICT WHEREAS, Aquia Commercial, LLC, applicant, submitted application RC requesting an amendment to proffered conditions on Assessor s Parcel 21-50B, consisting of 3.18 acres, zoned B-2, Urban Commercial, within the Aquia Election District; and WHEREAS, Assessor s Parcel 21-50B is subject to proffered conditions pursuant to a stipulated final court order, dated February 12, 2010; and WHEREAS, the Board carefully considered the recommendations of the Planning Commission and staff, and the public testimony, if any, at the public hearing; and WHEREAS, the Board determined that the requested amendments to proffered conditions are compatible with the surrounding land uses and zoning; and WHEREAS, the Board finds that public necessity, convenience, general welfare, and good zoning practice require adoption of an ordinance to amend the proffered conditions on the subject properties;

62 O14-32 Page 2 NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 16 th day of September, 2014, that Stafford County Zoning Ordinance be and it hereby is amended and reordained by amending the proffered conditions on Assessor s Parcel 21-50B consisting of 3.18 acres, zoned B-2, Urban Commercial, as specified in the proffer statement entitled, Proffer Statement (As Revised), dated July 31, AJR:JAH:mz

63 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 16 th day of September, 2014: MEMBERS: VOTE: Jack R. Cavalier, Chairman Gary F. Snellings, Vice Chairman Meg Bohmke Paul V. Milde III Laura A. Sellers Cord A. Sterling Robert Bob Thomas, Jr On motion of, seconded by, which carried by a vote of, the following was adopted: A RESOLUTION TO DENY A REQUEST TO AMEND AND REORDAIN THE STAFFORD COUNTY ZONING ORDINANCE BY AMENDING THE PROFFERED CONDITIONS ON ASSESSOR S PARCEL 21-50B, ZONED B-2, URBAN COMMERCIAL, WITHIN THE AQUIA ELECTION DISTRICT WHEREAS, Aquia Commercial, LLC, applicant, submitted Application RC requesting an amendment to proffered conditions on Assessor s Parcel 21-50B, consisting of 3.18 acres, zoned B-2, Urban Commercial, within the Aquia Election District; and WHEREAS, Assessor s Parcel 21-50B is subject to proffered conditions pursuant to a stipulated final court order, dated February 12, 2010; and WHEREAS, the Board carefully considered the recommendations of the Planning Commission and staff, and the public testimony, if any, at the public hearing; and WHEREAS, the Board determined that the requested amendments to proffered conditions are incompatible with the surrounding land uses and zoning;

64 R Page 2 NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 16 th day of September, 2014, that application RC be and it hereby is denied. AJR:JAH:mz