04SN0116-Nov 25.pdfNovember 25, 2003 BS
ADDENDUM
REQUEST:
04SN0116
Swirl Creek Partners, LLC
Matoaca Magisterial District
Woolridge Elementary School; Swift Creek Middle School;
and Clover Hill High School zones
South line of Woolridge Road
Rezoning from Agricultural (A) to Residential (R- 12) of 18.7 acres with Conditional
Use to permit private recreational facilities on 9.0 acres of the 18.7-acre site.
PROPOSED LAND USE:
A single family residential subdivision with a maximum of eight (8) lots is planned,
yielding a density of approximately .43 units per acre. In addition, recreation
facilities to serve residents of the proposed development are planned.
On November 25, 2003, the applicants submitted revised and additional proffered conditions to those
considered by the Planning Commission. Some of these revisions were prompted by the intent to
develop a coordinated plan for the subject property and the property which is the subject of Case
02SN0259. Other amendments are intended to address some of the concerns of area residents.
SINCE THESE AMENDMENTS WERE NOT SUBMITTED PRIOR TO ADVERTISEMENT
OF THE CASE, THE BOARD WOULD NEED TO SUSPEND THE PROCEDURES TO
CONSIDER THE CHANGES.
The applicants have indicated that should the Board not suspend the procedures, they desire for the
Board to consider amendments that were received on November 10, 2003, prior to advertisement of
the case. Staff would note that the November 10th proffers contain omissions and technical errors.
Staff would not support their acceptance. The recently submitted proffers address those errors as
well as some of the concerns expressed by area residents. (Note: The November 10, 2003, proffers
are attached.)
Providing a FIRST CHOICE Community Through Excellence in Public Service.
Proffered Condition 1 has been amended to reduce the number of lots fi:om thirty-seven (37) to eight
(8) in anticipation that the recreational facilities intended to serve this development and the
development proposed by Case 02SN0259 will be constructed on the subject property.
Proffered Condition 11 has been amended to clarify that the cash proffer will be expended for
"infrastructure improvements with the service district for the property."
Proffered Condition 18 has been added addressing the ability to install a traffic island/circle in
conjunction with the internal road network. This proffer would not require installation ora traffic
circle but would allow the developer the option. Proffered Conditions 19 and 20 require certain
recreational facilities to be constructed on the subject property prior to recordation of more than 300
lots on the subject property and the property which is the subject of Case 02SN0259 and limit the
phosphorous mnoffuntil such time as the County obtains its initial permit for the implementation of
the Upper Swift Creek Watershed Plan.
Staff continues to recommend approval of this request for the reasons outlined in the "Request
Analysis and Recommendation". Further, staff recommends acceptance of the revised and additional
proffered conditions submitted on November 25, 2003.
PROFFERED CONDITIONS
18.
A maximum of 8 lots shall be permitted. (P)
The applicant, subdivider, or assignee(s) shall pay the following to the County of
Chesterfield prior to the issuance of ;each building permit(s) for infrastructure
improvements within the service district for the property:
a. $9,000 per lot, if paid prior to JUly 1, 2003; or
The amount approved by the Board of Supervisors not to exceed $9,000 per
lot adjusted upward by any increase in the Marslhall and Swift building cost
index between July 1, 2002 and July 1 of the fiscal year in which the payment
is made if paid after June 30, 2003; and
In the event the cash payment is not used for the purposes for which proffered
within 15 years of receipt, the cash shall be returned in full to the payor.
(B&M)
To the extent permitted by the Transportation Department and VDOT, in conjunction
with the construction of the internal road work, one (1) traffic island/circle may be
provided. The exact design and location of this traffic island/circle shall be approved
by the Transportation Department. (T)
2 04SN0116-NOV2-ADDENDUM-BOS
19.
Prior to the recordation of more than 300 lots on this parcel and on the parcels the
subject of Case No. 02SN0259, at a minimum, the following recreational facilities
shall be provided and completed.
A twenty-five meter swimming pool
A 1,000 gross square foot accessory building for the pool
A 150 foot by 250 foot active recreation playfield. (P)
20.
The developer shall leave in place temporary sediment control devices and/or
construct new BMP's or combinations of BMP's which would achieve a maximum
phosphorous runoff limit of 0.22 pounds per acre per year until Chesterfield County
obtains its initial permit for the implementation of the Upper Swift Creek Watershed
Plan. (EE)
3 04SN0116-NOV2-ADDENDUM-BOS
PROFFERED CONDITIONS
1. A maximum of 8 lots shall be permitted. (P)
The public water and wastewater systems shall be used. (U)
With the exception of timbering which has been approved by the Virginia State
Department of Forestry for the purpose of remOVing dead or diseased trees, there shall be
no timbering until a land disturbance permit has been obtained from the Environmental
Engineering Department and the approved devices have been installed. (EE)
In conjunction with recordation of the initial subdivision plat, forty-five (45) feet of right-
of-way on the south side of Woolridge Road, measured from the centerline of that part of
Woolridge Road immediately adjacent to 'the propem./, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield County. (T)
Direct access from the proper..' to Woolridge Road shall be limited to one (1) public
road. The exact location of this access shall be approved by the Transportation
Department. -
To provide an adequate roadway system at the time of complete development, the
owner/developer shall be responsible for the follox~Sng:
Construction of additional pavement along Woolridge Road at the public road
intersection to provide left and right mm lanes, based on Transportation
Department standards;
Construction ora three (3) lane .typical section (i.e., one (1) eastbound lane and
two (2) westbound lanes) for the public road at its intersection with Woolridge
Road. The exact length of this improvement shall be approved by the
Transportation Depamnent; and
c. Dedication to Chesterfield County. free and unrestricted, of any additional right-
of-way (or easements) required f~r the improvements identifie~l above.
Provided, however, in the event the developer is tmable to acquire any "off-site"
right-of-way that is necessa .fy for any improvement described in 7(a), the
developer ma), request, in ,a,Titing, that the Coun .ty acquire such right-of-way as
a public road improvement. All costs associated with the acquisition of the right
of way shall be borne by the developer. In the event the Count~, chooses not to
assist the developer in acquisition of the "off-site" right of way~ the developer
shall be relieved of the obligation to acquire the "off-site" right-of-way and only
be required to provide required road improvements within available right-of-
way as determined ~ the Transportation Department.
The exposed surfaces of the foundations of each dwelling shall be covered with brick or
stone veneer or exterior insulation and finishing systems (EIFS) materials.
All dwellings shall have a lninimum gross floor area of 2,500 square feet. (P)
A fifty (50) foot buffer required in accordance wifl~ the Subdix.4sion Ordinance along
Woolridge Road shall be located within recorded open space.
10.
11.
12.
13.
14.
The applicant, subdivider, or assignee(s) shall pay the following to the Count)..; of
Chesterfield prior to the issuance of each building permit:
a. $9,000 per lot, if paid prior to July 1, 2003; or
The amount approved by the Board of Supervisors not to exceed $9000.00 per
lot adjusted upward by any increase in the Marshall and S,Mft building cost
index between July 1, 2002, and July 1 of the fiscal year in which the pa)maent is
made if paid after June 30, 2003; and
In the event the cash pa)ment is not used for the purpose for which proffered
within 15 years of receipt, the cash shall be returned in full to the payor.
All lots shall have a minimum area of 15,000 square feet. (P)
To the extent permitted by the Transportation Department and VDOT, in conjunction
with the construction of the internal road work, one (1) traffic island/circle may be
provided. The exact design and location of this traffic island/circle shag be approved by
the Transportation Department.
Prior to the recordation of more than 300 lots on this parcel and on the parcels the subject
of Case No. 02SN0259, at a minimun~ the following recreational facilities shall be
provided and completed:
a. A twenty-five (25) meter swimming pool
b. A 1,000 gross square foot accessory building for the pool
c. A 150 foot by 250 foot active recreation playfield.
An), recreational facilities shall be subject to the following restrictions:
a. There shall be no outside public address ~stems or speakers.
With the exception of playground areas wlfich accommodate swings, jungle
gyms, or similar such facilities, all outdoor play fields, courts, swimming pools
and similar active recreational areas shall be located a minimum of one hundred
(100) feet from any proposed or existing single family residential lot line and a
minimum of fifty (50) feet from any existing or proposed public road.
Within the one hundred (100) foot and fifty. (50) foot setbacks, a fifty (50) foot
buffer shall be provided along the perimeter of all active recreational facilities
except where adjacent to any existing or proposed roads. This buffer shall
conform to the requirements of the Zoning Ordinance for fifty (50) foot buffers.
Any playground areas (i.e., areas accommodating sw4ngs, jungle g).mas or similar
such facilities) shall be located a minimum of forly (40) feet from all property
lines. A forty (40) foot buffer shall be provided along the perimeter of these
recreational facilities except where adjacent to any existing or proposed roads.
This buffer shall conform to the requirements of the Zoning Ordinance for fifty
(50) foot buffers.
Nothing herein shall prevent development of indoor facilities and/or parking
within the one hundred (100) foot setback.
15.
16.
17.
18.
19.
Exterior lighting for recreational uses shall comply with Section 19-573 of the
Zoning Ordinance, and the mahmum height for light posts shall not exceed
twenty (20) feet.
The location of all active recreational uses shall be identified in conjunction with
the submittal of the first tentative subdivision plan.
h. In conjunction with the recordation of any lot adjacent to active recreational
area(s), such area(s) shall be identified on the record plat along with the
proposed recreational uses and required conditions. (P)
Prior to the recordation of more than 37 lots, at a minimum the following recreational
facilities shall be provided and completed:
A twenty-five (25) meter swimming pool
A 1,000 gross square foot accessory building for the pool
A 150 foot by 250 foot active recreation playfield.
These recreational facilities may be constructed on this or on an adjacent property.'
The developer shall notify the last known representative of the Foxcrofi Homeowners
Association on file with the Planning DeparUnent of the submission of tentative
subdivision plans. Such notice shall occur at least twenty-one (21) days prior to the
approval of such plans. The developer shall provide the Planning Department with a
copy of the notice.
Public roads shall be constructed with concrete curb and gutter.
All dwellings will have side or rear loaded garages
At a minimum, the following restrictive covenants shall be recorded for the development:
Architectural Board - The Architectural Board shall have exclusive jurisdiction over all
original construction, modifications, additions or alterations made on or to all existing
improvements, and the open space, if any, appurtenant thereto on all property.-. It shall
prepare and, on behalf of the Board of Directors, shall promulgate design and
development guidelines and application and review procedures, all as part of the design
and environmental standards. The standards shall incorporate all restrictions and
guidelines relating to development and construction contained in this Declaration as well
as restrictions and guidelines with respect to location of structures upon property? size of
structures, driveway and parking requirements, foundations and length of structures, and
landscaping requirements. Copies shall be available from the Architectural Board for
review. The guidehnes and procedures shall be those of the Association. and the
Architectural Board shall have sole and full authority to prepare and to amend the
standards available to Owners, builders, and developers who seek to engage in
development of or construction upon propem., witltin their operations strictly in
accordance therewith. The Architectural Board shall initially consist of three (3)
members, all appointed by the Declarant. At such times as ~ percent (50%) of all
property within subject property, has been developed, improved, and conveyed to
purchasers in the normal course of development and sale, the Board of Directors of the
Association shall have the right to appoint a maximum of two (2) additional members.
At no time shall the Architectural Board have fewer than three members nor more that
five (5) members. At such time as one hundred percent (100%) of all propert3.: has been
developed, improved, and conveyed to purchasers in the normal course of development
and sale, the Board of Directors shall appoint all members of thc Architectural Board.
The declarant may, at his option,, delegate to the Board of Directors its right to appoint
one or more members of the Architectural Board. At all times, at least one (1) member of
the Architectural Board shall be a member of the Association, and at least one (1)
member shall be an architect licensed to practice in the State of Virgini& who shall also
be the Chairperson.
Mailboxes - Eve~~ improved lot shall be required to have a mailbox w4th supporting post
and street light of design and installation as specified in the standards. Each lot owner
shall be responsible for the maintenance and operation of the fixture, support, and
mailbox.
Parking - Each property owner shall provide space for the parking of automobiles off
public streets prior to the occupancy of any building or structure constructed on said
property, in accordance with the standards.
Signs - No signs shall be erected or maintained on any property by anyone including, but
not limited to, the owner, a realtor, a contractor, or a subcontractor, except as provided
for in the standards or except as may be required by legal proceedings. Residential
property, identification and like signs not exceeding a combined total of more than one (1)
square foot may be erected without the ,~tten permission of the Declarant or the
Association.
Condition of Ground - It shall be [lie responsibility of each property owner and tenant to
prevent the development of an), unclean, unsightly, or unkempt conditions of buildings or
grounds on such property., which shall tend to substantially decrease the beauty of the
neighborhood as a whole or the specific area.
Minimmn Square Footage - No plan required under these Covenants will be approved
unless the proposed house or structure has a minimum square footage of enclosed
dwelling space as specified in the standards. Such minimum requirement for each lot
will be specified in each sales contract and stipulated in each deed. The term "enclosed
dwelling area" as used in these minimum size requirements does not include garages,
terraces, decks, open porches, and the like areas.
Residential Use -
a. All lots shall be used for residential purposes exclusively. The use of a
portion of a dwelling on a lot as an office by the owner or tenants thereof shall
be considered a residential use if such use does not create customer or client
traffic to and from the lot. No structure, except as herein after provided, shall be
erected, altered, placed, or permitted to remain on any lot other than one (1)
detached single family dwelling and one (1) accessory, building which may
include a detached private garage, provided the use of such accessory building
does not overcrowd the side and provided further that such building is not used
for any activity normally conducted as business. Such accessory building may
not be constructed prior to the construction of the main building.
b. A guest suite or like facility without a kitchen may be included as part
of the main dwelling or accesso~T building, but such suite may not be rented or
leased except as part of the entire premises including the main dwelling and
provided, however, that such suite would not result in overcrowding of the site.
c. The provisions of this paragraph shall not prohibit the Developer from
using a house as a model as provided in this Declaration.
Exterior Structure Completion - The exterior of all house and other structures must be
completed within one (1) year after the construction of same shall have commenced,
except where such completion is impossible or would result in great hardship to the
owner or builder due to the strikes, rites, national emergency, or natural calamities.
Houses and other dwelling structures may not be temporarily or permanently occupied
until the exteriors thereof have been completed. During the continuance of construction
the owner of the lot shall require the contractor to maintain the lot in a reasonably clean
and uncluttered condition.
Screened Areas - Each lot o~mer shall provide a screened area to sep,'e as a service yard
and an area in which garbage receptacles, fuel tanks or similar storage receptacles,
electric and gas meters, air conditioning equipmenL clotheslines, and other unsightly
objects much be placed or stored in order to conceal them from x4ew from the road and
adjacent properties. Plans for such screened area delineating the size, design, texture,
appearance, and location must be approved by the Architectural Board prior to
construction. Garbage receptacles and fuel tanks may be located outside of such screened
area only if located underground.
Vehicle Storage - No mobile home, trailer, teut, barn, or other similar out-building or
structure shall be placed on any lot at any time, either temporarily' or permanently. Boats,
boat Wailers, campers, recreal/onal vehicles, or utility, trailers may- be maintained on a lot,
but only when in an enclosed or screened area approved by the Architectural Board such
that they are not generally visible from adjacent properties.
Temporary. Structures - No structure of a temporary character shall be placed upon any
lot at any time provided, however, that this prohibition shall not apply to shelter or
temporary structures used by the contractor during the construction of the mare dwelling
house, it being clearly understood that these latter temporary shelters may not at an), time
be used as residences or permitted to remain on the lot after completion of construction..
The design and color of structures temporarily placed on the lot by a cotltractor shall be
subject to reasonable aesthetic control by the Architectural Board.
Antennas - No television antenna, radio receiver or sender, or other similar device shall
be attached to or installed on the exterior portion of any building or structure or an): lot
except that should cable television services be unavailable and good television reception
not be otherwise available, a lot owner may make written application to the Association
for permission to install a television antenna and such permission shall not be
unreasonably withheld.
Further Subdivision - No lot shall be subdivided or its boundary lines changed, nor shall
applications for same be made to Chesterfield County, except with the written consent of
the Declarant. However, the Declarant hereby expressly reserves to itself, its successors,
or assigns the right to replat any- lot or lots owned by it and shown on the plat of any
subdivision in order to create a modified building lot or a replatted lot suitable and fit as
a building site including, but not limited to, the recreational facilities, and other amenities
to conform to the new boundaries of said replatted lots, provided that no lot originally
shown on a recorded plat is reduced to a size smaller titan the smallest lot shown on the
first plat of the paragraph shall not prohibit the combining of two (2) or more continuous
lots into one (1) larger lot, only the exterior boundary lines of the resulting larger lot shall
be considered in the interpretation of these covenants.
Animals - Only common household pet animals shall be permitted. All pet animals must
be secured by a leash or lead. or be under the control of a responsible person and obedient
to that person' s command at any time they are permitted outside a residence or other
enclosed area upon a lot approved by the Architectural Board for the maintenance and
confinement of pet animals. No livestock including cattle, horses, sheep, goats, pigs, or
poultry shall be permitted upon any lot. After gix4ng a lot owner ~Mtten notice of
complaint and reasonable opportuniB, to remedy the situation, the Board of Directors
may order the removal of any pet which has been a nuisance or a danger.
Motor Bikes All Terrain Vehicles - No motor bikes, motorcycles, or all terrain vehicles
~hall be driven upon the common area, lots, or road~ (unless proPerly licensed on roads)
with the exception of licensed vehicles and mopeds which shall be operated solely upon
the public streets for direct ingress and egress purposes only.
External Lighting - No external lighting shall be installed or utilized on any propem.:
wlfich isof such character, intensity, or location as to interfere with the use. enjoyment,
and privacs.' of any lot or owner in the near ~4cinity. No neon or flashing hghts shall be
permitted. All external lighting shall be approved by the Architectural Board as
appropriate in size, location, color, and intensity.
Swimming Pools - No swimming pool, whether in ground or above ground, whether
permanent or temporary., shall be installed upon an)' lot without the prior written consent
of the Arctfitectural Board. The Architectural Board shall require that all s,~4mming
pools be adequately screened.
Rules and Regulations - The Board of Directors is granted and shall have the power to
promulgate roles and regulations, from time to time, governing the use of and acfixdtv
upon the Conunon Area and the Recreational Facilities (if the Recreational Facilities' are
owned or leased by the Association). All rules and regulations promulgated by the Board
of Directors shall be published and distributed to each member of the Association at least
thirty. (30) days prior to their effective date.
Ac~e-pted By:,~ -
November 25, 2003 BS
STAFF'S
REQUEST ANALYSIS
RECOMMENDATION
REQUEST~
04SN0116
Swift Creek Parmers; LLC
Matoaca Magisterial District
Woolridge Elementary School; Swift Creek'Middle School;
and Clover Hill High School-zones
South line of Woolridge Road
Rezoning from Agricultural (A) to Residential (R-12) of 18.7 acres with Conditional
Use to permit private recreational facilities on 9.0 acres of the 18.7-acre site.
PROPOSED LAND USE:
A single family residential subdivision with a maximum of thirty-seven.(37)lots is
planned, yielding a density of approximately 2.0 dwelling units per acre. In additi0n,
recreation facilities toserve residents of the proposed development are planned.
PLANNINGCOMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE'PROFFERED CONDITIONS ON
PAGES 2 THROUGH 10.
AYES: MESSRS. LITTON, CUNNINGHAM AND STACK.
NAY: MR. GULLEY.
ABSENT: MR. GECKER.
STAFF RECOMMENDATION
Recommend approval for the'following reasons:
A. The proposed zOning and land use conform to the ,Upper Swift Creek Plan which
suggests the property is appropriate for residential useof 2.0 units per acre or less.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
Bo
The. proposed zoning and land use are representative of eXisting and. anticipated area
development.
Co
The proffered conditions address the impacts of this development on necessary
capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan.
Specifically, the needs for roads, schools, parks, libraries and fire stationS is
identified in the Public Facilities Plan, the Thoroughfare PIan and the. Capital
Improvement Program and the impact of this development is discussed herein. The
proffered conditions adequately mitigate the impact on capital facilities, thereby
insuring adequate service levels are maintained and protecting the health, safety and
welfare of County citizens.
(NOTE: THE ONLY CONDITION' THAT CAN BE IMPOSED IS A BUFFER CONDITION. THE
PROPERTY OWNER MAY PROFFER OTHER CONDITIONS. THE CONDITIONS NOTED
WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION.
CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF.
CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED By
THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC) 1.
(STAFF/CPC) 2.
(STAFF/CPC) 3.
(STAFF/CPC) 4.
(STAFF/CPC) 5.
A maximum of 37 lots shall be permitted. (P)
The public water and wastewater systems shall be used. (U)
With the exception of timbering which'has been apprOved by the
Virginia State Department of Forestry for the purpose ofremoving
dead or diseased trees, there shall be no timbering until a land
disturbance permit has been obtained from the Environmental
Engineering Department and 'the approved devices have been
installed. (EE)
In conjunction with recordation of the initial subdivision plat, forty-
five (45) feet of right-of-way on the south side of Woolridge Road,
measured 'from the centerline of that part Of WOolridge Road
immediately adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield County. (T)
Direct access from the property to Woolridge'Road shall be limited to
one (1) public road. The exact location of this access shall be
approved by the Transportation Department. (T)
2 04SN0116-NOV25-BOS
(STAFF/CPC)
(STAFF/CPC)
To provide an adequate roadway system at the time of complete
development, the owner/developer shall be responsible for the
following:
Construction of additional pavement along Woolridge Road at
the public road intersection to provide left and right turn
lanes, based on Transportation Department standards;
bo
Construction of a three-(3) lane typical section (i.e., one (1)
southbound lane and two (2) northbound lanes) for the Public
.road at its intersection with Woolridge Road. The exact
length of this improvement shall be approved by the
Transportation Department;
Co
Construction of two (2) lanes of the public road as a
residential collector street from Woolridge Road' to' the
southern property line;
do
Widening/improving the south side of Woolridge Road to an
eleven (11) foot wide travel lane, measured from the
centerline of the road, with an additional one (1) foot wide
paved shoulder plus a seven (7)' foot wide unpaved shoulder,
with modifications approved by the Transportation
Department, for the entire property frontage; and
Dedication to Chesterfield County, free and unrestricted, of
any additional fight-of-way (or easements) required for the
improvements identified above. Provided, however, in the
event the developer is unable to acquire any "off-site" right-
of-way .that is necessary for any improvement described in
6.a., the developer may request, in writing, that the County
acquire such right-of-way as'apublic road improvement. All
costs associated with the acquisition of the right of Way shall
be borne by the developer: In the-event the County chooses
not to assist the developer in acquisition of the "off-Site"
right-of-way, the developer shall be relieved of the obligation
to acquire the "off-site" right-of-way and only be required to
provide required mad improvements .within available right, of-
way as determined by the Transportation Department; (T)
Prior to any construction Plan approval, a phasing plan for the
required road 'improvements, as identified in Proffered Condition 6,
shall be submitted to and approved by the Transportation Department/
(T)
3 04SN0116-NOV25-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
o
10.
11.
12.
13.
The exposed surfaces of the foUndations :of each dwelling shall be
covered with brick or stOne veneer or exterior insulation and finishing
systems (EIFS) materials. (P)
Ali dwellings shall have a minimum gross floor area of 2,500 square
feet. (P)
A fif~ (50) foot buffer required in accordance with the Subdivision
Ordinance along Woolridge Road shall be located within recorded
open space. (P)
The applicant, subdivider, or assignee(s)shall pay the following to
the CoUnty of Chesterfield prior to the issuance .of each building
permit:
a. $9,000 per lot, if paid prior t° July 1, 2003; or
The amoUnt approved by the Board. of SUPervisors not to
exceed $9000.00 per lot adjusted .upward by any increase in
the Marshall and Swift building cost index between July 1,
2002, and July 1 of the fiscal year in which the payment is
made if paid after June 30, 2003; and
In the event the cash payment isnot, used for the purPose for
which proffered within 15 years of receiPt, the cash shall be
returned in full to the payor, (B&M)
All lots shall have a minimum area of 15,000 square feet. (P)
Recreational Facilities. Any recreational facilities shall be subject to
the following restrictions:
a. There shall be no outside public address systems or speakers.
bo
With the exception of playground areas which accommodate
swings, jUngle gyms, or similar such facilities, all outdoor
play fields, courts, swimming Pools and similar active
recreational areas shall be located a minimum of one hundred
(100) feet from any proposed or existing single family
residential lot line and a minimum of fiftY (50) feet from any
existing or proposed public-road.
Co
Within the one hUndred (1.00) foOt and fifty (50) foot
setbacks,.a fifty (50) foot buffer shall be provided along the.
perimeter of all active recreational facilities except, where
4 04SN0116-NOV25:BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
14.
15.
16.
17.
adjacent to any existing or proPosed roads. This buffer shall
conform to the requirements of the Zoning Ordinance for fifty
(50) foot buffers.
Any playground areas (i,e., areas accommodating swings,
jungle gyms or similar such facilitieS) shall be located a
minimum of forty (40) feet from all property lines. A forty.
(40) foot buffer shall be provided along the perimeter of these
recreational facilities except where adjacent to any existing or
proposed roads. This buffer shall conform to the
requirements of the Zoning Ordinance for fifty (50) foot
buffers.
eo
Nothing herein shall prevent developmem of indoor facilities
and/or parking within the one hundred (100) foot setback.
Exterior lighting for recreational uses shall comply with
Section 19-573 of the .Zoning Ordinance, and the maximum
height for light posts shall not exceed twenty (20).feet.
The location of all active recreational uses shall' be identified
in conjunction with the submittal of the first tentative
subdivision plan.
'In conjunction with the recordation of any lot adjacent to
active recreational area(s), such-area(s) shall be identified on
the-record plat along with the proposed recreational uses and
required conditions. (P)
The developer shall notify the last known representative of the
FoxCrofi Homeowners Association on file with the Planning
Department of the submission of tentative subdivision plans. Such
notice shall occur at least twenty-one (21) days prior-to the approval
of such planS. The developer shall provide the Planning Department
with a copy of the notice. (P)
Public roads, other than the residential .collector street, shall be
constructed with concrete curb and gutter. (EE)
All dwellings will have side or rear loaded garages.. (P)
At a minimum; the following restrictive covenants shall be recorded
for the development:
5 04SN0116-NOV25-BOS
Architectural Board - The Architectural Board shall have exclusive
jurisdiction over all original construction, modifications, additions or
alterations made on or to all existing improvements, and the open
space, ifany, appurtenant thereto on all property. It'shall prepare and,
on behalf of the Board of Directors, .shall promulgate design and
development guidelines and application and review procedures, all as
part of the design and environmental standards. The standards shall
incorporate all restrictions and guidelines relating to development and
construction contained in this Declaration as well as restrictions and
guidelines with respect to location of structures upon property, size of
structures, driveway and parking requirements, foundations and
length of structures, and landscaping requirements. Copies shall be
available from the Architectural Board for review. The guidelines
and procedures shall be those of the Association, and the
Architectural Board shall have sole and full authority to prepare and
to amend the standards aVailable tO Owners, builders, and developers
who seek to engage in development.Of or construction upon property
within their operations strictly in accordance therewith. The
Architectural Board shall initially consist of three (3) members, all
appointed by the Declarant. At such times as fifty percent (50%) of
all property within subject property has been 'developed, imprOVed,
and conveyed to purchasers in the normal course of development and
sale, the Board of Directors of the Association shall have the right to
appoint a maximum of two (2) additional members. At no time shall
the Architectural Board have fewer than three members nor more that
five (5) members. At such time as one hundred percent (100%) of all
property has been developed, improved, and conveyed to purchasers
in the normal course of development and sale, the Board of Directors
shall appoint all members of the Architectural Board. The declarant
may, at his option, delegate to the Board of Directors its right tb
appoint one or more members of the Architectural Board. At all
times, at least one (1) member of the Architectural Board shall, be a
member of the.Association, and atleast one (1) member shall be an
architect licensed -to practice in the State of Virginia, who shall also
be the Chairperson.
Mailboxes - Every improved lot shall be required to have a mailbox
with supporting post and street light of design and installation as
specified in the standards. Each lot owner shall .be responsible for the
maintenance and operation of the fixture, support, and mailbox.
Parking - Each property owner shall provide space for the parking of
automobiles off public streets prior to the occupancy of any building
or structure constructed on said property in accordance with the
standards.
6 04SN0116-NOV25-BOS
Signs - No signs shall be erected or maintained on any property by
anyone including, but not limited to, the owner, a realtor, a contractor,
or a subcontractor, except as provided for in the standards or except
as may be required by legal proceedings. Residential property
identification and like signs not exceeding a combined total of more
than one (1) square foot may be. erected without the written
permission of the Declarant or the Association.
Condition of Ground - It shall be the responsibility of each property
owner .and tenant to prevent the development of any unclean,
unsightly, or unkempt conditions of buildings or grounds on such
property which shall tend to substantially decrease the beauty of the
neighborhood as a whole or the specific area.
Minimum Square Footage - No plan required under these Covenants
will be approved unless the proposed house or structure has a
minimum square footage of enclosed dwelling space as specified in
the standards. Such minimum requirement for each lot' will be
specified in each sales contract and stipulated in each deed. The term
"enclosed dwelling area" as used in these minimum size requirements ·
does not include garages, terraces, decks, open porches, and the like
areas.
Residential Use -
ao
All lots shall' be used for residential purposes
exclusively. The use of a portion of a dwelling on a
lot as an office by the owner or tenants thereof, shall
be considered a residential use if such use does not
create customer' or client traffic to and from the lot.
No structure, except as-herein after provided, shall be
erected, altered, placed, orPermitted to remain on any
lot other than one (1) detached single family dwelling
and one (1) accessory building which may include a
detached private garage, provided the use of such
accessory building does not Overcrowd the side and
provided further that such building is not used for any
activity normally conducted as business. Such
accessory building may not be constructed prior to the
construction .of the main building.
A guest suite or like facility without a kitchen may be
included as part of the main dwelling or accessory
building, but such suite may not be rented or leased
7 04SN01t 6-NOV25-BOS
except as part of the entire premises including the
main dwelling and provided, however; that such sUite
would not result.in overcroWding of'the site.
The provisions of this paragraph shall not prohibit the
Developer from using a house as a model as provided
in.this Declaration.
Exterior Stmcture Completion - The exterior of all house.and other
structures must be completed within., one (1): year after 'the
construction of same shall have commenced, except where such
completion is impossible or would-result in great hardship to the
owner or builder due to 'the strikes.,, fires, national ·emergency, or-
natural calamities. Houses and other dwelling structures may not be
temporarily or permanently occupied until the exteriors thereof have
been completed. During the continUance of construction the owner of
the lOt shall require the contractor to maintain the lot in a reasonably
clean and uncluttered condition.
Screened Areas - Each lot owner-shall provide a screened Larea to
serve as a service yard and an area in Which garbage receptacles, fuel
tanks or similar storage receptacles~ electric and gas meters, air
conditioning equipment, clotheslines, and :other UnsightlY objects
much be placed or stored in order to conceal them from view from the
road and adjacent properties. Plans for such screened area delineating
the size, design,, texture, appearance., and'location must be approved
by the.Architectural Board prior to conStruCtion. Garbage receptacles
and' fuel tanks may be located oUtside- of such· Screened area only if
located Underground.
Vehicle Storage - No mobile home, trailer, tent, bam, or other s'unilar
out-building or structure shall be placed on any lotat any.time~:either
temporarilY or permanently,. BOats, boat trailers, campers,
recreational vehicles, or utility trailers may be maintained on a lot, but
only when in an enclosed or screened area approved by the
Architectural Board such that they are'not generally, visible from
adjacent properties.
Temporary Structures - No structure of a tempOrary character shall be
placed.upon any lot at any time· :prOVided, however, that this'
prohibitionshall not apply to shelter or :temporary.structures used by
the contractor during the Construction of the main dwelling house, it
being clearly Understood that these latter temporary shelters maynot
at any time be used as residences or .permitted to remain on the lot
after completion of construction. Thedesign and color of structures
8 04SN0116-NOV25,BOS
temporarily placed on the lot. by a contractor shall be subject to
reasonable aesthetic control by the Architectural Board.
Antennas - No television antenna, radio receiver or sender, or other
similar device shall be attached to. or installed on the exterior portion
of any building or structure or any. lot except that shOUld cable
television services be unavailable and good television reception not
be otherwise available, a lot owner may make written application to
the Association for permission to install a television antenna and such
permission shall not be unreasonably withheld.
Further Subdivision - No lot shall-be subdivided or its boundary lines
Changed, nor shall applications for same be made to Chesterfield
County, except-with thc written .consent of the Declarant. However,
the Declarant hereby expressly reserves to itself, its successors, or
assigns the right to rep[at any lot or lots owned by it and shown on the
plat of any subdivision in order to create a modified building lot or a
replatted lot suitable and fit as a building site including, but not
limited to,' the recreational facilities, and other amenities to conform
to the new boundaries of said replatted lots, provided that no lot
originally shown on a recorded plat is redUced to a size smaller than
the smallest lot shown on the first plat of the paragraph shall not
prohibit the combining of two (2) or more continuous lots into one (1)
larger lot, only the exterior boundary lines of the resulting larger lot
shall be considered in the interpretation of these covenants.
Animals - Only common household pet animals shall be permitted.
All pet animals must be secured by a leash or lead, or be under the
control of a responsible person and obedient to that person's
command at any time they are permitted outside a residence or other
enclOsed area upona lot approved by the Architectural Board for the
maintenance and confinement of pet animals. No livestock including
cattle, horses, sheep, goats, pigs, or poultry shall be permitted upon
any lot. After giving a lot owner' written notice of complaint and
reasonable oppommity to remedy the Situation, the Board of Directors
may order' the removal of any pet which has been a nuisance or a
danger.
Motor Bikes All Terrain Vehicles - No motor bikes,, motorcycles, or
all terrain vehicles shall be driven upon the common area, lotS~ or
roads (unless properly licensed on roads) with the exception of
licensed vehicles and mopeds which shall be operated solely upon the
public streets for direct ingress and egress purposes only.
9 04SN0116-NOV25-BOS
Location:
External Lighting - No external lighting shall be installed or utilized
on any property which is of such character; intensity, or location as to
interfere with the use, enjoyment, and privacy of any lot or owner in
the near vicinity. No neon or flashing lights shall.be permitted. All
external lighting shall be approved by the Architectural Board as
appropriate in size, location, color, and intensity.
Swimming Pools - No swimming pool, whether in ground or above
ground, whether permanent or temporary, shall be installed upon any
lot without the prior written consent of the Architectural Board. The
Architectural Board shall require that all swimming pools be
adequately screened.
Rules and'Regulations - The Board of Directors is granted and shall
have the power to promUlgate rules and regulations, from time to
time, governing the use of and activity upon the Common Area and
the Recreational Facilities (if the RecreatiOnal Facilities are owned or
leased by the Association). All rules and regulations promulgated by
the Board of Directors shall be published and distributed to each
member of the Association at least thirty (30) days prior to their
effective'date. (P)
GENERAL INFORMATION
South line of Woolridge Road, west of Fox Club Road. Tax ID 712-676-4582 (Sheet 15).
Existing Zoning:
A
Size:
18.7 acres
Existing Land Use:
Single family residential
Adjacent Zoning and Land Use:
North - R-15 and A; Single family residential, church or vacant
South and West - A; Single family residential or vacant
East - R-12 and A; Single family residential or vacant
10 04SN0116-NOV25,BOS
UTILITIES
Public Water System:
There is a twenty (20) inch water line that terminates adjacent to Woolridge Road and Fox
Club Lane, approximately 1,600 feet east of this site.-The request Site is within the
boundaries of the Upper Swift Creek Plan which recommends use of the public water system.
Use of the public water system is intended and has been proffered. (Proffered Condition 2)
Public Wastewater System:
There is an eighteen (18) inch wastewater trunk line that'extends along a portion of the west
branch of Swift Creek and terminates adjacent to Foxcroft Subdivision, approximately2,800
feet southeast of this site. The.reqUest site is within the boundaries of the Upper Swift Creek.
Plan which recommends use of the public wastewater system. Use of the pUblic wastewater
system :is intended and has been proffered.. (Proffered Condition 2)
ENVIRONMENTAL.
Drainage and Erosion:
The property drains south and then via tributaries to Swift Creek Reservoir. There are no
existing or anticipated on- or off-site drainage or erosion problems. The property is wooded
and-should not be timbered without first obtaining a land-disturbance permit from the
EnVironmental Engineering Department (Proffered Condition 3). This will insure adequate
erosion control measures are in place-prior to any timbering.
Water Quality:
The Board' of Supervisors has approved the implementation of the Upper Swift Creek
Waterseh dMaster_ Plan establishing a procrata fee for the management ofphosphOruS loads
associated with Stormwater-mnoff. It should be noted the developer muSt paYa Pro-rata fee
for the Upper Swift Creek Regional.BMP Master. Plan anda $100 fee per residential lot for
BMP maintenance for development of this property.
PUBLIC FACILITIES
The need .for fire, school, library, park and transportation facilities is .identified in .the pUblic
Facilities Plan,~the Thoroughfare Plan and the Capital Improvement ;Program. This development will
have an impact on these facilitiesl
Fire SerVice:
The Public Facilities Plan indicates that emergency .serviceS calls are expected to increase
forty-five (45) percent by 2015. Eight (8) new fire/rescue 'stations are recommended for
11 04SN0116-NOV25-BOS
construction by 2015 in the Plan. Based on thirty-seven (37) dwelling units, this.request will
generate approximately nine (9).calls for fire and EM8 services each year. The apPiicant has
offered measures to assist in addressing the impact of this proposed development on fire
service. (Proffered Condition 11)
The Clover Hill Fire/Rescue Station, Company Number 7, currently provides fire prOtection
and emergency medical service. When .the property is developed, the .number of hydrants,
quantity of water needed for fire protection and access requirements will be evaluated during
the plans review process.
Schools:
Approximately twenty (20) students will be generated by this development.. This site lies in
the Woolridge Elementary SchOOl attendance zone: capacity - 759; enrollment - 825; Swift
Creek Middle School zone: capacity - 1,027, enrollment - 1,436; and Clover Hill High
School zone: capacity- 1,582, enrollment - 2,030.
This development will have an impact on all schools involved~ There are currentlY three (3)
trailers at Woolddge Elementary; eight (8) trailers at Swift Creek. Middle; and Seventeen (17)
trailers at Clover Hill High. Two (2) new high schools, proposedto .be built by 2006,'would
replace Clover Hill High School and relieve Manchester High-School. The applicant has
offered measures to assist in addressing the impact of this develOpment on school facilities.
(Proffered Condition 11)
Libraries:
ConSistent with the Board of Supervisors' policy, the impact of development on library
services is assessed County2wide. Based on projected population' growth, the Public'
Facilities Plan identifies a need for additional library space throughout the County,. Even if
the facility improvements that have been made since the Public Facilities Plan was published
'are taken into account, there is still an unmet need for additional.library space throughout the
County.
The proposed develOpment will most likely impact the Clover Hill Library or aproposed new
facility in the Genito Road area.~ The Public Facilities Plan identifies a need for additional
library space in these areas of the County. The applicant has offered measures to assist in
addressing the impact of this development on library facilitieS. -(Proffered Condition 11)
Parks and Recreation:
The Public Facilities Plan identifies the need for four (4)new regional parks. In addition,
there is currently a shortage ofcOmmunity park acreage in the County. The Public Facilities
Plan identifies a need for 625 acres of regional_park space and 116 acres of community park
space by 2015. The Plan also identifies the need for neighborhood parks and special purpose
parks and makes suggestions for their locations.
12 04SN0116-NOV25,BOS
The applicant has offered measures to assist in addressing the impact of this development on
parks and recreation facilities. (Proffered Condition-11)
TranspOrtation:
The property, approximately nineteen (19) acres, is currently zoned agricultural (A) and the
applicant is requesting rezoning to Residential (R-12). The apPlicant has proffered that a
maximum of thirty-seven (37) lots will be developed on the property (Proffered Condition 1).
Based on single family trip rates, development could generate approximately 360 average
dally trips. These vehicles will be distributed along Woolridge Road which had a 2002
traffic count of 1,121 vehicles per day between Otterdale-Road and Fox Club Parkway, a
2001 traffic count of 2,508 vehicles per day between Fox Club Parkway and Timber Bluff
Parkway, and a 2001 traffic count of 7,942 vehicles per.day between Timber BluffParkway
and Genito Road.
The Thoroughfare Plan identifies Woolridge Road as a major arterial with a recommended
fight of way width of ninety (90) feet. The applicant has proffered to dedicate forty-five (45)
feet of fight of way, measured from the centerline of Woolfidge Road, in accordance with
that Plan. (Proffered Condition 4)
Access to major arterials, such as_Woolridge Road, should be Controlled. The applicant has
proffered that direct access to Woolridge Road will be limited to one (1) public road (the
"Public Road") (Proffered Condition 5). A tentative subdivision plan (Foxfield Subdivision)
has been approved for a parcel on the north side. of Woolridge Road, directly across from. the
subject property. The approved tentative shows aproposed residential collector street (Swift
Fox Road)'extending from Woolridge Road through part of that planned'subdivision. The
Public Road intersection onto Woolridge Road should align the proposed Swift Fox Road.
The traffic impact of this development, must be addressed. The applicant has proffered to: 1)
construct left and right tUmlanes along Woolridge Road at the-Public Road intersection,
based on Transportation DePartment standards; 2) construct two (2) lanes' of the Public Road
as a residential collector .street (i.e., "no lot frontage" road) from Woolridge Road to the
southern property line; 3) construct a three (3) lane typical 'section (i:e., one (1) entering lane
and two (2) exiting lanes) for the Public Road at its intersectionwith Woolridge Road; and 4)
widen the south side of Woolridge Road to a total travel'way width-of eleven (11) feet
measured from the centerline with an additional one (1) foot Wide paved shoulder plus a
seven (7) foot wide unpaved shoulder for the entire property frontage, (Proffered. Condition
6)
Constructing the mm lanes along Woolridge Road may require the developer to acquire some
"off-site" right of way. According to Proffered. Condition 6.e., if the developer is unable to
acquire the off-site fight of way for the mm lanes along Woolridge Road; the developer may
request the CountY to acquire the right of way as a public road improvement. All costs
associated with the'acquisiti°n will be borne by the developer. If the County chooses not to
13 04SN0116-NOV25-BOS
assist with the fight of way acquisition, the developer will not be obligated to acquire the
"off-site" right of way and will only be obligated to construct road improvements:-within
available right of way.
The Thoroughfare Plan identifies the need to improve'existing roads, as well'as construct
new roads to accommodate growth. Area roads need to be improved to address safety and
accommodate the increase in traffic generated by this development. Woolridge Road will be
directly impacted by this development. Sections of WOolridge RoadbetweenOtterdale ROad
and Fox Club Parkway have eighteen (18) to nineteen (19) foot wide pavement with no
shoulders. The capacity of this rOad is acceptable (Level of Service C).for the volume of
traffic it currently carries. The standard typical section for this section of Woolridge Road
should be twenty-four (24) foot wide pavement with minimumeight (8) foot wide shoulders.
Sections of Woolridge Road between Timber BluffParkway and Genito Road have eighteen
(18) to twenty-one (21) foot wide pavement with no shoulders. The section of Woolridge
Road across the Swift Creek Reservoir is not in the State ~highway system and is the
responsibility of the County. Based on the current volume 0ftraffc during peak 'hours,
Woolridge Road is at capacitY (Level of Service E). This seCtionofWoolridge Roadshould
be improved to a four (4) lane diVided roadway. No road improvement projects in this area
of the County are included 'in the Secondary Road Six,Year~ Improvement Plan: The
applicant has proffered to contribute cash, in an amount conSistent with the Board of
Supervisors' Policy, towards mitigating this traffic impact. (Proffered Condition 11)
At time of tentative subdivision review, specific recommendations will be. provided
regarding access and the' internal road network.
14 04SN0116-NOV25,BOS
Financial Impact on Capital Facilities:
~ " PER UNIT
Potential Number °f NeWDwelling Units · 37* 1.00
Population InCrease 100.64 2.72
Number of New Students ~
Elementary ' · 8.88 0.24~
Middle 4.81 0.13
High . 6.29 0.17
TOTAL ' 19.98 . 0.54
Net Cost for Schools · 179;339: 4,847
Net Cost.for parks .25,641 693
Net Cost for. Libraries 13,875 375
Net COst for Fire Stations ' 14,837 ' ' · .40!
Average Net Cost for'Roads ' 152,033 . . . 4,109
TOTAL NET COST ~ 385,725 10;425
*Based on a proffered maximum number of lots. (Proffered Condition 1)
As noted, this proposed development willhave an impact on capital facilities. Staffhas calculated
the fiscal impact of every new'dwelling unit on schools, roads, parks, libraries and fire stations at
$10,425 per unit, The applicant has been advised that a maximum.proffer of $9;000 per unit would
defray the cost of the capital facilities necessitated by this proPosed development. Consistent with
the Board. of Supervisors' policy, and proffers accepted from other applicants, the. applicant has
offered cash to assist in defraying the cost of this proposed zoning on such capital facilities
(Proffered Condition 12). Note that circumstances relevant to this case, as presented by the
applicant, have been reviewed and it has been determined that it is appropriate to accept: the
maximum cash proffer in this case.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the, Upper Swift Creek Plan which suggests the property is
appropriate for single family residential uses at a density of 2.0 dwelling units per acre Or
less.
15 04SN0116-NOV25-BOS
Area Development Trends:
Adjacen! property to the north is zoned Residential (R-15):and Agricultural (A) and is
occupied by single family residences, a church use or remains vacant.. AdjaCent property to
southeast and west is zoned Residential (R-12) and Agricultural (A) andis occupied'by
single family residential use or is vacant. Residential development, at densities consistent
with the Plan, is expected to continue in the area. It shOuld, be noted, zoning action-is
pending on adjacent property to the south and southeast (Case 02Stq0259). -Case 02SN0259
is scheduled'to be considered bythe Board of Supervisors at their NOvember 25, 2003, public
hearing.
Development Standards:
The applicant has proffered a maximum of thirtyrseven (37) lots.on 18:7. acres, yielding a
density of approximately 2.0 dwelling units per acre, consistent-with the Upper Swift Creek
Plan which suggests a density of 2.0 units per acre or less (Proffered COndition 1). In
addition, the applicant has agreed to a minimum lot size of 15,000 square, feet.' (proffered
Condition 12) . .
Other restrictions include foundation treatment; notice of tentative subdivision plan
submission; use of curb and gutter on public roads; orientation of garages; and restrictive
covenants. (Proffered Conditions 8, 14, 15, 16. and 17)
Buffers:
The Subdivision Ordinance requires that a fifty (50) foot buffer be maintained' along
Woolridge Road. The Ordinance would allow this buffer to be included within the
boundaries of individual lots. Ithasbeen staff's experience that:individUal homeoWnerstend
to clear these areas resulting in a zoning violation on that~individual, lotand affecting the
integrity of the buffer. To presente the integrity of this buffer, the-applicant has proffered
that the area will be provided in-open space, thereby becoming the responsibility .o.f a
' homeowners' association. (Proffered. Condition 10)
Dwelling 'Size:
The applicant has submitted a proffered condition which requires.a minimUm gross floor area
of 2,500 square feet for all dwelling units. (Proffered Condition. 9)
ReCreational Use:
This proposal would allow upm nine (9) acres within the' development to be used for private
recreation facilities. The applicant has offered measures to minimize the impact of these
facilities on future residents in. the development (ProfferedCondition 13). This proffer is
similar to conditions imposed on other projects approved for such uSe.
16 04SN0116-NOV25-BOS
CONCLUSIONS
The proposed zoning and land use conform to the. Upper Swift Creek Plan which suggests the
property is appropriate for residential use of 2.0 units per acre or less and are representative 'of
existing and anticipated development. In addition, the proffered conditions address the impacts of
this development on necessary' capital facilities, as outlined in the Zoning Ordinance and
ComprehensiVe Plan. Specifically, the needs for roads, schools, parks, libraries and fire stations is
identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program
and the impact of'this development is-discussed herein. The proffered conditions adequately
mitigate theimpact on capital facilities, thereby insuring adequate service levels are.maintained and
protecting the health, safety and welfare of County citizens.
Given these conSiderations, staffrecommends approval of this.request.
CASE HISTORY
Planning Commission Meeting (10/21/03):
The applicant accepted the recommendation. There wasopposition present. ConcernS were
expressed.relative to lack of sufficient notification to and meetings with area property
owners; extension of Fox Club Parkway with an adjacent pending case; linking this case with
the adjacent pending case (03SN0259); area road conditions; impacts on water quality of
Swift Creek Reservoir; lack'of a regional' BMP plan; schootcapacity; and that the County's
estimated averages for number of school children per dwelling unit is loWer'than the average
generated by homes inthis area of the County; and the age:of UpPer Swift Creek Plan.
It was noted'that by cUrrent poliCY, silt basins will be required to remain until construction of
regional BMPs. Mr. Guiley indicated that siIt basins are not required to meet 0.22 lbs/ac/yr
and that nothing in the law SUpersedes this requirement. He noted there are no. regional
BMPs; no plan; and no application'for installation of the regional BMPs. He stated the
request could have a detrimental effect on the reservoir. He noted he did not support the
adjacent case and, due to water quality concerns, he could not support this request.
Mr. Stack indicated the applicant and area property owners should .get.together and
communicate. He noted, the big issue with the adjacent case is the road connection to
Foxcroft. He stated moving this case forward gives the.Board an. option for alternate access
when the adjacent case is considered.
Mr. Litton noted this request- gives the Board an oppommity:to look at access for this
development as well as for the pending adjacent case. ' -
On motion of Mr. Stack, seconded by Mr. Cunningham, the Commission recommended
approval'of this request and acceptance of the proffered conditions on pages 2 through 10..
17 04SN0116-NOV25-BOS
AYES: Messrs. Litton, Cunningham and Stack.
NAY: Mr. Gulley.
ABSENT: Mr. Gecker.
The Board of Supervisors, on Tuesday; November 25, 2003, beginning at 7:00 p:m'., will take'under
consideration this request.
18 04SN0116-NOV25.BOS