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99SN0255.pdfSeptember 8, 1999 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 99SN0255 (AMENDED) Heron Pointe, LLC Matoaca Magisterial District South line of Genito Road REQUEST: Rezoning from Residential (R-15) to Resktential (R-15) with Conditional Use Planned Development to allow use and bulk exceptions. (see Textual Statement for details) PROPOSED LAND USE: A single family residential subdivision with a minimum lot size of 7,000 square feet is planned. The applicant has agreed to limit the development to a maximum of eighty (80) lots, yielding a density of approximately 2.02 dwelling units per acre. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 8. STAFF RECOMMENDATION Recommend approval for the following reasons: A. The proposed zoning and land use conforms to the Upper Swift Creek Plan, which suggests the property is appropriate for residential use of 2.2 units per acre or less. Providing a FIRST CHOICE Community Through Excellence in Public Service. B. The proposed zoning and land use are representative of anticipated area development. The proffered conditions address the impacts of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the need for schools, parks, libraries and fire stations is identified in the County's adopted Public Facilkies Plan and FY 2000-2004 Capital Improvement Program and the impact of this development is discussed herein. The proffered conditions adequately mitigate the impact on capkal facilities, thereby insur'mg adequate service levels are maintained and protecting the health, safety and welfare of County citizens. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER 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. The following conditions notwithstanding, the plan prepared by Charles C. Townes and Associates, P.C., dated July 21, 1999 titled Plan Exhibit A ('~he Plan") and the Textual Statement dated March 11, 1999 with a latest revised date of July 21, 1999 shall be considered the master plan for the request property. This plan is intended to be a general guideline for lot orientation, road configuration, location of open and recreational space and location of sidewalks and pedestrian ways. Final design shall be approved by the County of Chesterfield at the time of Tentative and Final Plan review. (P) (STAFF/CPC) 2. Densky. Development shall be limked to a maximum of eighty (80) dwelling unks plus accessory uses. (P) (STAFF/CPC) 3. Street trees shall be planted or retained along each side of the entrance road and along each side of the interior roads and cul-de-sacs which provide access to driveways and parking areas serving residences. The Planning Depamnent at the time of subdivision plan review shall approve the exact location, spacing, species and size of plantings. (P) (STAFF/CPC) 4. Landscaping shall be provided around the per'Lmeter of all buildings, between buildings and driveways, within medians, and within common areas not occupied by recreational facilities or other structures. Landscaping shall comply with the requirements of the Zoning Ordinance 2 99SN0255/WP/SEPT8H (STAFF/CPC) (STAFF/CPC) Sections 19-516 through 19-518(0. Landscaping shall be designed to: minimize the predominance of building mass and paved areas; def'me private spaces; and enhance the residential character of the development. The Planning Depamnent at the time of building permit review shall approve the exact numbers, spacing, arrangement and species of plantings or a master landscaping plan may be submitted for review and approval to the Planning Department. (P) Timber'mg Restriction. With the exception oftimber'mg to remove dead or diseased trees which has been approved by the Virginia State Department of Forestry, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Depamnent. (EE) Transportation: In conjunction with recordation of the fLrst subdivision plat, forty- five (45) feet of right-of-way on the south side of Genito Road, measured from the centerline of that part of Genito Road immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefk of Chesterfield County. Except as specified in Condition 24, direct access to Genito Road shall be limited to one (1) public road, located approximately midway of the Property frontage. The Transportation Deparm~ent shall approve the exact location of this access. To provide for an adequate roadway system at the time of complete development, the Developer shall be responsible for the following: i). Construction of additional pavement along Genito Road at the approved access to provide left and right turn lanes; ii). Relocation of the ditch to provide an adequate shoulder along the south side of Genko Road for the entire Property frontage; and iii). Dedication to Chesterfield County, free and unrestricted, of any additional right-of- way (or easements) required for 3 99SN0255/WP/SEPT8H (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 10. the improvements identified in I and ii. Prior to any road construction plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 6.c., shall be submitted to and approved by the Transportation Department. Prior to the time of building permk issuance for the first forty-five (45) dwelling units, the applicant, subdivider, or assignee(s) shall pay $1,500.00 per unit to the County of Chesterfield for road improvements within the service district for the Property. (T) Sidewalks. A sidewalk shall be provided along one side of the boulevard entrance road and along both sides of all other roads within the Project. The exact treaunent and location of the sidewalks shall be approved at the time of tentative subdivision review. (P) Pedestrian Paths. Pedestrian paths shall be provided throughout the project generally as shown on "the Plan". The exact trea1~nent and location of the pedestrian paths shall be approved at the time of tentative subdivision review. Paths located in the Resource Protection Area shall be constructed of a pervious material as approved by the Deparm~ent of Environmental Engineering at the time of tentative subdivision plan review. (u) Age Restriction. Except as otherwise prohibited by the Virginia Fair Housing Law, the Federal Housing Law, and such other applicable federal, state, or local legal requirements, dwelling units shallbe restricted to "housing for older persons" as defLned in the Virginia Fair Housing Law and shall have no persons under 19 years of age domiciled therein. (B) Cash Proffer. For each dwelling unit developed in excess of 45 units, the applicant, subdivider, or assignee(s) shall pay $ 3,093.00 per unit to the County of Chesterfield, prior to the time of issuance of a building permit, for infrastructure improvements within the service district for the Property if paid prior to July 1, 2000. At the time of payment the $ 3,093.00 for any units developed in excess of 45 units shall be allocated pro-rata among the facility costs as calculated annually by the County Budget Deparunent as follows; $ 660.00 for parks, $ 264.00 for library facilities, $ 251.00 for fire stations, $1918.00 for roads. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed 4 99SN0255/WP/SEPT8H (STAFF/CPC) (STAFF/CPC) 11. 12. $ 3,093.00 per unit for any units developed in excess of 45 units (pro- rated as set forth above) and shall be adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 1999 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2000. If any of the cash proffers are not expended for the purposes designated by the Capital Improvement Program within fifteen (15) years from the date of payment, they shall be returned in full to the payor. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the Property, the mount paid in cash proffers shall be in lieu of or credited toward, but not in addition to, any impact fees in a manner as determined by the County. (B) Garages: No more than two (2) of five (5) contiguous lots may have front entry garages. No more than 30% of garage doom shall face the street for any individual street. At the time of building permit application on each lot, documentation shall be provided for the three lots located in each direction of the side lot line of the subject lot as to whether a dwelling exists ora building permit has been approved on such lots. Ifa dwelling unit exists or has been approved on those lots, documentation as to the orientation of the garage door(s) shall be submitted. (P) Fence/Landscaping. A solid board fence and/or evergreen plantings or a combination thereof, to be determined by the developer, shall be installed along the west property line adjacent to tax ID 715-685-5406. Ifa fence is installed, the fence shall have a minimum height of sLx (6) feet. If a combination of a fence and evergreen plantings are installed, the evergreen plantings shall be located on the west side of the fence. The fence and/or evergreen plantings shall begin at the south line of the 50 foot buffer along Genko Road and end 600 feet south of the beginning point. The intent of this condition is to screen the rear yards of the lots in Heron Pointe from the view of the adjacent property. The exact trealxnent of the fence and/or evergreen plantings shall be approved by the Planning Depamnent at the time of tentative subdivision review. (P) 5 99SN0255/WP/SEPT8H (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 13. 14. 15. 16. 17. 18. 19. 20. SWM/BMP Facilkies. Stormwater management and best management practices facilities shall be designed as amenities to the project. All SWM/BMP facilities shall be located in open space. Dur'mg initial construction, all disturbed area runoff shall be directed thru one of the proposed SWM/BMP basins. All SWM/BMP basins shall be designed as wet ponds. (P & EE) Ninety (90) per cent of the total aggregate impervious area for all lots combined that do not naturally drain to a BMP shall be diverted to drain thru a BMP. (EE) Dur'mg construction the BMPs as shown on '~he Plan" shall be designed to function as sediment basins. (EE) Outfall control devices from all BMPs shall be designed as weirs. Any pedestrian pathway that crosses these weirs or any portion of the stormwater conveyance system between the BMP and the Reservoir shall be elevated so as not to impede flow or function of the outf:all. Culverts shall not be used for these crossings. (EE) The Homeowners Association shall be responsible for the maintenance of the BMPs to the satisfaction of the Department of Environmental Engineering. (EE) Dur'mg construction, double silt fences shall be installed along the RPA limits in those areas deemed necessary by the Department of Environmental Engineering. (EE) Signs/Markers shall be placed along the limits of the RPA to inform homeowners and maintenance personnel of the environmental senskivity associated with the RPA. The exact treaunent, location and context shall be approved by the Deparunent of Environmental Engineer'mg at the time of construction plan review. (EE) The vegetation located in stormwater conveyance systems between the outfall from BMP's and Swift Creek Reservoir shall be replaced or enhanced with vegetation that is capable of serving a pollutant removal function. The stormwater conveyance system shall be a minimum of twenty feet in width and shall be designed to ~e flow velocities to the greatest extent practicable. The exact location, design and width of the storm drainage conveyance system shall be approved by the Deparm~ent 6 99SN0255/WP/SEPT8H (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 21. 22. 23. 24. of Environmental Engineering during construction plan review. (EE) Any disturbed areas within the Resource Protection Area, including land disturbance for the construction of pedestrian pathways and the stormwater conveyance systems from BMP's, shall be vegetated or re- vegetated with vegetation that se~ves a pollutant removal function. The final selection of plant species for all vegetation and m-vegetation shall be approved by the Deparl~nent of Environmental Engineering dur'mg construction plan review. (EE) Recreation Facilities. A pavilion area with a minimum of 1800 gross square feet shall be provided in the location shown on 'Zhe Plan" and noted as the Main Pavilion. Parking for the main pavilion area shall be provkted with a minimum of eighteen (18) spaces. If the project is done in phases, the Main Pavilion shall be constructed in conj unction with the fkst phase of the project. The main pavilion area shall be "hardscaped" and have benches and other amenities that accommodate and facilitate gatherings. The exact design shall be approved by the Planning Department. Buffer. A fu'~ (50) foot buffer shall be provided along Genito Road. This buffer area shall be located within recorded open space. A twenty (20) foot buffer shall be provided along Heron Pointe Boulevard as shown on 'Xhe Plan". This buffer shall be exclusive of required setbacks. In lieu of the twenty (20) foot buffer, an ornamental wallmay be installed. The exact design of such wall shall be approved by the Planning Deparnnent. These buffers shall comply with Section 19-520.(a), 19-521.(a) through (h) and 19-522. (P) In addition to the direct access to Genito Road identified in Proffered Condition 6.b., an emergency access shall be provided from the cul-de- sac at the north end of Heron Pointe Terrace to Genito Road as shown on 'Zhe Plan". This access shall be constructed at a minimum, as a 22 foot wide paved roadway suitable for supporting fke and rescue vehicles and shall be gated for use of emergency vehicles only. Maintenance of this roadway shall be the responsibilky of the Homeowners Association. (F) 7 99SN0255/WP/SEPT8H (STAFF/CPC) 25. Private driveways on individual lots shall be "hardscaped". The exact design and treaunent of driveways shall be approved by the Planning Depamnent at the time of tentative subdivision review. (P) (STAFF/CPC) 26. Common areas and ownership of property not contained in lots or streets conveyed to individual owners shall comply with Section 19-105 (n) of the Zoning Ordinance. (P) GENERAL INFORMATION Location: South line of Genito Road, west of Woolridge Road. Tax ID 716-684-4297 (Sheet 12). Existing Zoning: R-15 wkh condition and proffered condkions Size: 39.5 acres Existing Land Use: Vacant Adjacent Zoning & Land Use: North - R-9; Vacant South - R-40, R-15 and A; Single family residential or vacant East - R-9 with Conditional Use and A; Vacant West - A; Vacant UTILITIES Public Water System: There is an existing sixteen (16) inch water line extending along the north side of Genito Road, adjacent to the request site. Use of the public water system is required by County Code. Preliminary computer-simulated flow tests indicate a potential for high domestic flow pressure problems at this site. Individual pressure regulators may be necessary on service lines. 8 99SN0255/WP/SEPT8H Public Wastewater System: There is an existing fu"ty- four (54) inch waste water mink line extending along the boundary of Sw'u2 Creek Reservoir and across the request site. Use of the public wastewater system is required by County Code. ENVIRONMENTAL Drainage and Erosion: The subject property is adjacent to a portion of Swift Creek Reservoir upstream of the Woolridge Road causeway with direct runoff into the Reservoir. Very little off-site drainage passes through the site so runoff into the Reservoir would be almost totally from site development. There are no known on-site drainage or erosion problems and none am expected after development of the site since the property has relatively flat topography. Acquisition ofoff-ske drainage easements will not be required for this project. The majority of the site is heavily wooded and, as such, should not be timbered except within the purview of a land disturbance permit (Proffered Condition 5). This will insure that appropriate erosion control measures are in place prior to any timber'mg. Water Quality: The applicant has submitted a Chesapeake Bay Preservation Act (CBPA) Plan. The plan, which shows eighty (80) lots and pertinent floodplain and CBPA information, meets all CBPA requirements as well as Upper Swift Creek requirements. The plans indicate that the runoff limitations of.22 lb. per acre per year phosphorus can be met by the BMP's which will be owned, operated and maintained by the Homeowners Association (Proffered Condition 17). Construction plans must address fine tuning and physical construction of the area along with timing and sequencing. (Proffered Conditions 14, 15 and 18) All SWM/BMP facilkies shall be located within open space and shall be designed as amenities to the project. (Proffered Condition 13) As noted, while the majority of the ske is wooded, an area was cleared adjacent to the Reservoir to accommodate construction ofa wastewater mink line. Given the site's proximity to Swift Creek Reservoir, the applicant has proffered that the Resource Protection Ama GUPA) vegetation will be re-established, particularly along some of the area that was cleared for the sewer easement (Proffered Condition 21). Further, the RPA should be posted in some manner to insure that the area is protected and that the residents understand the RPA se~ves an important pollutant removal function (Proffered Condition 19). The Water Quality Section can be consulted for the proposes of selecting RPA plantings. (Proffered Condition 20) 9 99SN0255/WP/SEPT8H Although, the elevations and grade indicate the outlet control device to be located at ground level, the developer has proffered that the BIViP outfall control devices will be weirs (Proffered Condition 16). This will take advantage of the conservation area for additional filtration beyond the requirements of the current basin. A condition has also been proffered that any pathway located within the RPA will be constructed of impervious material (Proffered Condition 8) and that any paths which cross the weirs be elevated through those areas where sheet flow will leave the BIViP' s to allow the water to pass underneath. (Proffered Condition 16) PUBLIC FACILITIES The need for fire, school, library, park and transportation facilities is identified in the Public Facilities Plan, the Thoroughfare Plan andthe FY 2000-2004 Capital Improvement Program. This development will have an impact on these facilities. Fire Service: The Public Facilities Plan indicates that emergency services calls are expected to increase forty-five (45) percent by the year 2015. Eight (8) new fire/rescue stations are recommended for construction by the year 2015 in the Public Facilities Plan. Based on a net increase of thirty-five (35) dwelling units, this request will generate approximately seven (7) emergency calls for fire and rescue services per year. The applicant has addressed the impact on these facilities. (Proffered Condition 10) This property is currently served by the Swift Creek Fire/Rescue Station, Company Number 16 and Forest View Rescue Squad. When the property is developed, the number of hydrants and quantity of water needed for fire protection will be evaluated dur'mg the plans review process. The provision and maintenance of a restricted access road, designed and constructed to support fke/rescue vehicles, will be an acceptable means for emergency equipment to gain access to this residential community shouldthe main entrance become blocked 0Proffered Condition 24). Based upon this proffered condition, the Fire Deparlxnent will support an exception to the Subdivision Ordinance which requires a second means of public road access for any development exceeding fifty-nine (59) lots and fifty (50) building permits. Schools: Since there is an age restriction on the proposed development, this development will not have an impact on schools. (Proffered Condition 9) 10 99SN0255/WP/SEPT8H Libraries: Consistent with the Board of Supervisors' policy, the impact of development on library services is assessed County-wide. Based on projectedpopulation growth, the Public Facilkies Plan (1995) identifies a need for addkional library space throughout the County. Taking into account the additional space provided by the two (2) currently funded projects, the new LaPrade and Chester Libraries, there is still a projected need for 55,000 additional square feet of library space County- wide by 2015. The Plan specifically identifies a need for a new facility in the northwestem area of the County in the vicinity of Genito Road. This new facility would likely serve the subject property. The applicant has offered measures to assist in addressing the impact of this development on these facilities. Proffered Condkion 10) Parks and Recreation: The Public Facilkies Plan identiftes the need for two (2) new regional parks. In addkion, there is currently a shortage of community park acreage in the Northern Area. The Public Facilkies Plan identifies a need for 120 acres of communky park space by 2015. The applicant has offered measures to assist in fully addressing the impact of this proposed development on these facilities. (Proffered Condkion 10) Transportation: In 1991, the Board of Supervisors rezoned the property from Agricultural (A) to Residential (R- 15). As part of that approval, the Board accepted several proffered conditions relative to transportation. These proffered conditions included: 1) a maximum density of forty-five (45) lots; 2) dedication of right of way, access control, and construction of left and right turn lanes along Genko Road; and 3) reconstruction of the section of Genito Road along the property frontage at a cost not to exceed $67,500. Based on the maximum densky of forty-five (45) lots, the cost to reconstruct Genito Road equals $1,500 per lot. The applicant has proffered conditions with this rezoning request consistent with those currently imposed for development of the property. With this request, the applicant has proffered a maximum densky of eighty (80) dwelling unks (Proffered Condkion 2). Based on single family trip rates, development could generate approximately 850 average daily trips. These vehicles will be distributed to Genko Road which had a 1996 traffic count of 3,104 vehicles per day. The Thoroughfare Plan identifies Genito Road as a major arterial with a recommended right of way width of ninety (90) feet. The applicant has proffered to dedicate forty-five (45) feet of right of way, measured from the centerline of Genko Road, in accordance with that Plan. (Proffered Condkion 6.a.) 11 99SN0255/WP/SEPT8H Access to maj or arterials such as Genito Road, should be controlled. The applicant has proffered to limit direct access to Genito Road to one (1) public road located approximately midway of the property frontage (Proffered Condition 6.b.). In addition to this direct access, Proffered Condition 24 also allows an emergency access to be constructed from the property to Genito Road. Mitigating road improvements must be provided to address the traffic impact of this development. The applicant has proffered to construct left and right mm lanes along Genito Road at the approved access and relocate the ditch to provide an adequate shoulder along the south side of Genito Road for the entire property frontage. (Proffered Condition 6.c.) In lieu of reconstructing Genito Road as currently required for development of the property, the applicant has proffered to pay $1,500 for the first forty-five (45) dwelling units (Proffered Condition 6.e.). This cash contribution is equal to the mount of money that would have been spent to reconstruct Genito Road. 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 the increased development. The applicant has proffered to contribute cash towards addressing this impact for any dwelling unk in excess of forty-five (45) developed on the property. (Proffered Condition 10) At time of tentative subdivision review, specific recommendations w'dl be provided regarding access and internal road network. 12 99SN0255/WP/SEPT8H Financial Impact on Capital Facilities: PER DWELLING UNIT Potential Number of New Dwelling Units 35' 1.00 Population Increase 96.95 2.77 Number of New Students Elementary 0.00 0.00 Middle 0.00 0.00 High 0.00 0.00 TOTAL 0.00 0.00 Net Cost for Schools 0 0 Net Cost for Parks 24,605 703 Net Cost for Libraries 9,870 282 Net Cost for Fire Stations 9,380 268 Average Net Cost for Roads 71,645 2,047 TOTAL NET COST 115,500 3,300 * Based on a proffered maximum number of eighty (80) units less forty-five (45) units currently allowed. (Proffered Condition 10) As noted, this proposed development will have an impact on capkal facilities. The applicant has proffered an ages restriction (Proffered Condition 9). Based upon this proffer, there should be no impact on the school system. Staff has calculated the fiscal impact of every new dwelling unit on roads, parks, libraries and fire stations at $3,300 per unit. The applicant has been advised that a maximum proffer of $3,093 per unit would defray the cost of the capital facilities necesskated 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 development on such capital facilities. (Proffered Condition 10) Note that circumstances relevant to this case, as presented by the applicant, have been reviewed and has been determined that it is appropriate to accept the maximum cash proffer in this case. 13 99SN0255/WP/SEPT8H LAND USE Comprehensive Plan: Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is appropriate for residential development of 2.2 dwelling units per acre or less. The Board of Supervisors, through their conskteration of the Route 288 Plan, has requested that the Planning commission review the density recommendations of the Upper Swift Creek Plan. Area Development Trends: The property is bounded on the south and east by Swift Creek Reservoir. Adjacent property to the north and west is zoned Residential (R-9) and Agricultural (A) and is occupied by single family residential development oris vacant. Residential development at densities consistent with the Plan is expected to continue in the area. Zoning History: On April 24, 1991, the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved rezoning on the request property (Case 89SN0333). Case 89SN0333 was approved for a maximum of forty-five (45) lots. Site Design: The Master Plan depicts a residential cluster-style development having eighty (80) lots. The minimum lot size will be 7,000 square feet (Proffered Condition 1). The Ordinance requires that permanent open space in the amount equivalent to the reduction in lot area from 15,000 square feet to 7,000 square feet be provided within common open space. Such open space/common areas are planned pr'Lmarily adjacent to the Reservoir. In addition, passive recreational facilities, such as pedestrian paths and a pavilion area which will accommodate public gatherings are planned (Conditions 8 and 22). Proffered conditions require that common areas be maintained by, and be the responsibility of, a homeowners' association (Proffered Condition 26). The Master Plan has been designed based upon typical conditions required for similar developments recently approved in the County. Recreational Facilities: Private recreational facilities which consist of two (2) pavilions pr'Lmarily for use of residents of the development are proposed (Textual Statement). The applicant has agreedto construct the Main Pavilion in conjunction with the first phase of the project, should the project be developed in phases. (Proffered Condition 22) 14 99SN0255/WP/SEPT8H Open Space & Buffer: The plan submitted with the application depicts several acres of open space throughout the development and proposes to include the required fifty (50) foot buffer along Genito Road in open space. A twenty (20) foot buffer or ornamental wall shall be provided along Heron Pointe Boulevard to screen rear yard lot views and prevent indivktual lot access from this entrance road. (Proffered Condition 23) Garages and Driveways: To address concerns relative to the appearance of garage doors facing adjoining streets, the applicant has proffered that no more than two (2) of five (5) contiguous lots will have garage doom facing a street and that no more than thirty percent (30%) of garage doom will face the street for any individual street (Proffered Condition 11 ). Driveways on individual lots must be "hardscaped." (Proffered Condkion 25) Sidewalks & Pedestrian Paths: The applicant has agreed to provide sktewalks along one side of the entrance road and along both skies of all other roads within the development (Proffered Condition 7). In addkion, pedestrian paths are planned within the project generally as shown on the plan submitted with the application. (Proffered Condition 8) Landscaping & Screening: Street trees and landscaping should be provided to enhance the residential appeal of the development, define private spaces and minimize the predominance of building mass and paved areas (Proffered Conditions 3 and 4). In addition, to address concerns of an adjacent property owner, the applicant has agreed to provkte a solkt board fence and/or evergreen plantings along the western property line of the request ske. (Proffered Condkion 12) CONCLUSIONS The proposed zoning and land use conforms to the Upper Swift Creek Plan which suggests the property is appropriate for residential use of 2.2 units per acre or less, and is representative of anticipated area development. In addition, the applicant has proffered conditions which provide for amenities that will enhance the project and guarantee a quality development. As previously noted, the proffers meet or exceed development standards required for similar types of development recently approved in the County. 15 99SN0255/WP/SEPT8H One of the maj or concerns in staff' s analysis of this request was the impact on the water quality of Swift Creek Reservoir. The applicant, following numerous meetings and discussions with Environmental Engineer'mg, has offered conditions which exceed adopted standards for development draining into the Reservoir. The proffered conditions address the impacts of this development on necessary capkal facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the need for schools, parks, libraries and fire stations is identified in the County's adopted Public Facilities Plan and FY 2000-2004 Capkal Improvement Program and the impact of this development is discussed herein. The proffered condkions adequately mkigate the impact on capital facilities, thereby insuring adequate service levels are maintained and protecting the heakh, safety and welfare of County citizens. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (7/20/99): On their own motion, the Commission deferred this case to August 17, 1999, to allow staff and the applicants an opportunity to finalize the details of the request and prepare appropriate conditions and proffers. Applicant (7/23/99 and 7/27/99): The applicant submitted revisions to the Textual Statement and proffered conditions. Planning Commission Meeting (8/17/99): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Marsh, seconded by Mr. Gulley, the Commission recommended approval of this request and acceptance of the proffered conditions on pages 2 through 8. AYES: Unanimous. 16 99SN0255/WP/SEPT8H The Board of Supervisors, on Wednesday, September 8, 1999, beginning at 7:00 p.m., will take under consideration this request. 17 99SN0255/WP/SEPT8H SWIFT CREEK RESERVOIR Case: 99SNO255 Rezoning: R-15 TO R-15 w/C.U.P.D. Sheeffk. 9 ~Cl SNO~-SS-I 99SN0255 (Amended) In Matoaca Magisterial District, HERON POINTE, LLC requested rezoning from Residential (R 15) to Residential (R 15) with Conditional Use Planned Development and amendment of zoning district map to allow a single family residential subdivision having a minimum lot size of 7,000 square feet and recreational uses plus bulk exceptions. Residential use of up to 2.9 units per acre is permitted in a Residential (R 15) District. The Comprehensive Plan suggests the property is appropriate for residential use of 2.2 units per acre or less. This request lies on 39.5 acres fronting approximately 1,775 feet on the south line of Genito Road, approximately 1,500 feet west of Woolridge Road. Tax ID 716 684 4297 (Sheet 9/8/99 99 766 Mr. Jacobson presented a summary of Case 99SN0255 and stated that Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the proposed development conforms to the Upper Swift Creek Plan. Mr. Jeff Collins, representing the applicant, stated that the recommendation is acceptable. Due to someone being present to speak to the Case, it was moved to the end of the zoning consent agenda. 9/8/99 99 767 99SN0255 (Amended) In Matoaca Magisterial District, HERON POINTE, LLC requested rezoning from Residential (R 15) to Residential (R 15) with Conditional Use Planned Development and amendment of zoning district map to allow a single family residential subdivision having a minimum lot size of 7,000 square feet and recreational uses plus bulk exceptions. Residential use of up to 2.9 units per acre is permitted in a Residential (R 15) District. The Comprehensive Plan suggests the property is appropriate for residential use of 2.2 units per acre or less. This request lies on 39.5 acres fronting approximately 1,775 feet on the south line of Genito Road, approximately 1,500 feet west of Woolridge Road. Tax ID 716 684 4297 (Sheet Mr. Daniel stated that the applicant already accepted the recommendations. Mr. Tom Pakurar, a resident of the Clover Hill District, expressed concerns relative to the engineering calculation of .22 pounds per acre per year of phosphorous runoff limitations for the proposed development and stated that, in reality, the runoff coefficient will be higher than the allowed .22 pounds per acre for the proposed development. He further stated that he feels the Board needs to set up a framework to gather additional information and study how this issue should be applied to avoid future incidents and urged the County to modernize its regulations to eliminate ponds in series. Hs. Joan Salvati, Water Quality Program Administrator, stated that the County is currently considering hiring a consulting firm to look specifically at the issue of the use of BMPs in series. When asked, Ms. Salvati stated that the study may entail two phases surveying other localities; and monitoring of existing BMP's in series. She further stated that the Planning Commission supports the study. Mrs. Humphrey expressed concerns relative to the need for consistency among localities relative to BMPs in series. She requested that she be notified of any zoning matter that may arise in the Matoaca District that occurs before the study is complete. After brief discussion, Mrs. Humphrey then made a motion, seconded by Mr. Warren, for the Board to approve Case 99SN0255 and accept the following proffered conditions: 1. The following conditions notwithstanding, the plan prepared by Charles C. Townes and Associates, P.C., dated July 21, 1999 titled Plan Exhibit A ('~the Plan") 9/8/99 99 770 and the Textual Statement dated March 11, 1999 with a latest revised date of July 21, 1999 shall be considered the master plan for the request property. This plan is intended to be a general guideline for lot orientation, road configuration, location of open and recreational space and location of sidewalks and pedestrian ways. Final design shall be approved by the County of Chesterfield at the time of Tentative and Final Plan review. (P) Density. Development shall be limited to a maximum of eighty (80) dwelling units plus accessory uses. (P) Street trees shall be planted or retained along each side of the entrance road and along each side of the interior roads and cul de sacs which provide access to driveways and parking areas serving residences. The Planning Department at the time of subdivision plan review shall approve the exact location, spacing, species and size of plantings. (P) Landscaping shall be provided around the perimeter of all buildings, between buildings and driveways, within medians, and within common areas not occupied by recreational facilities or other structures. Landscaping shall comply with the requirements of the Zoning Ordinance Sections 19 516 through 19 518(f). Landscaping shall be designed to: minimize the predominance of building mass and paved areas; define private spaces; and enhance the residential character of the development. The Planning Department at the time of building permit review shall approve the exact numbers, spacing, arrangement and species of plantings or a master landscaping plan may be submitted for review and approval to the Planning Department. (P) Timbering Restriction. With the exception of timbering to remove dead or diseased trees which has been approved by the Virginia State Department of Forestry, there shall be no timbering until a land disturbance from the Environmental permit has been obtained Engineering Department. (EE) Transportation: a. In conjunction with recordation of the first subdivision plat, forty five (45) feet of right of way on the south side of Genito Road, measured from the centerline of that part of Genito Road immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. b. Except as specified in Condition 24, direct access to Genlto Road shall be limited to one (1) public road, located approximately midway of the Property frontage. The Transportation Department shall approve the exact location of this access. c. To provide for an adequate roadway system at the time of complete development, the Developer shall 9/8/99 99 771 1© be responsible for the following: i). Construction of additional pavement along Genito Road at the approved access to provide left and right turn lanes; ii). Relocation of the ditch to provide an adequate shoulder along the south side of Genito Road for the entire Property frontage; and iii). Dedication to Chesterfield County, free and unrestricted, of any additional right of way (or easements) required for the improvements identified in i and ii. d. Prior to any road construction plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 6.c., shall be submitted to and approved by the Transportation Department. e. Prior to the time of building permit issuance for the first forty five (45) dwelling units, the applicant, subdivider, or assignee(s) shall pay $1,500.00 per unit to the County of Chesterfield for road improvements within the service district for the Property. (T) Sidewalks. A sidewalk shall be provided along one side of the boulevard entrance road and along both sides of all other roads within the Project. The exact treatment and location of the sidewalks shall be approved at the time of tentative subdivision review. (P) Pedestrian Paths. Pedestrian paths shall be provided throughout the project generally as shown on '~the Plan". The exact treatment and location of the pedestrian paths shall be approved at the time of tentative subdivision review. Paths located in the Resource Protection Area shall be constructed of a pervious material as approved by the Department of Environmental Engineering at the time of tentative subdivision plan review. (P) Age Restriction. Except as otherwise prohibited by the Virginia Fair Housing Law, the Federal Housing Law, and such other applicable federal, state, or local legal requirements, dwelling units shall be restricted to '~housing for older persons" as defined in the Virginia Fair Housing Law and shall have no persons under 19 years of age domiciled therein. (B) Cash Proffer. For each dwelling unit developed in excess of 45 units, the applicant, subdivider, or assignee(s) shall pay $3,093.00 per unit to the County of Chesterfield, prior to the time of issuance of a building permit, for infrastructure improvements within the service district for the Property if paid prior to July 1, 2000. At the time of payment the $3,093.00 for 9/8/99 99 772 11 12 13 any units developed in excess of 45 units shall be allocated pro rata among the facility costs as calculated annually by the County Budget Department as follows; $660.00 for parks, $264.00 for library facilities, $251.00 for fire stations, $1,918.00 for roads. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $3,093.00 per unit for any units developed in excess of 45 units (pro rated as set forth above) and shall be adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 1999 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2000. If any of the cash proffers are not expended for the purposes designated by the Capital Improvement Program within fifteen (15) years from the date of payment, they shall be returned in full to the payor. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the Property, the amount paid in cash proffers shall be in lleu of or credited toward, but not in addition to, any impact fees in a manner as determined by the County. (B) Garages: No more than two (2) of five (5) contiguous lots may have front entry garages. No more than 30% of garage doors shall face the street for any individual street. At the time of building permit application on each lot, documentation shall be provided for the three lots located in each direction of the side lot line of the subject lot as to whether a dwelling exists or a building permit has been approved on such lots. If a dwelling unit exists or has been approved on those lots, documentation as to the orientation of the garage door(s) shall be submitted. (P) Fence/Landscaping. A solid board fence and/or evergreen plantings or a combination thereof, to be determined by the developer, shall be installed along the west property line adjacent to tax ID 715 685 5406. If a fence is installed, the fence shall have a minimum height of six (6) feet. If a combination of a fence and evergreen plantings are installed, the evergreen plantings shall be located on the west side of the fence. The fence and/or evergreen plantings shall begin at the south line of the 50 foot buffer along Genito Road and end 600 feet south of the beginning point. The intent of this condition is to screen the rear yards of the lots in Heron Pointe from the view of the adjacent property. The exact treatment of the fence and/or evergreen plantings shall be approved by the Planning Department at the time of tentative subdivision review. (P) SWM/BMP Facilities. Stormwater management and best management practices facilities shall be designed as amenities to the project. Ail SWM/BMP facilities shall be located in open space. During initial construction, all disturbed area runoff shall be directed thru one of the proposed SWM/BMP basins. Ail SWM/BMP basins shall be designed as wet ponds. (P & EE) 9/8/99 99 773 18 19 2O 21 22 Ninety (90) per cent of the total aggregate impervious area for all lots combined that do not naturally drain to a BMP shall be diverted to drain thru a BMP. (EE) During construction the BMPs as shown on "the Plan" shall be designed to function as sediment basins. (EE) Outfall control devices from all BMPs shall be designed as weirs. Any pedestrian pathway that crosses these weirs or any portion of the stormwater conveyance system between the BMP and the Reservoir shall be elevated so as not to impede flow or function of the outfall. Culverts shall not be used for these crossings. (EE) The Homeowners Association shall be responsible for the maintenance of the BMPs to the satisfaction of the Department of Environmental Engineering. (EE) During construction, double silt fences shall be installed along the RPA limits in those areas deemed necessary by the Department of Environmental Engineering. (EE) Signs/Markers shall be placed along the limits of the RPA to inform homeowners and maintenance personnel of the environmental sensitivity associated with the RPA. The exact treatment, location and context shall be approved by the Department of Environmental Engineering at the time of construction plan review. (EE) The vegetation located in stormwater conveyance systems between the outfall from BMP's and Swift Creek Reservoir shall be replaced or enhanced with vegetation that is capable of serving a pollutant removal function. The stormwater conveyance system shall be a minimum of twenty feet in width and shall be designed to minimize flow velocities to the greatest extent practicable. The exact location, design and width of the storm drainage conveyance system shall be approved by the Department of Environmental Engineering during construction plan review. (EE) Any disturbed areas within the Resource Protection Area, including land disturbance for the construction of pedestrian pathways and the stormwater conveyance systems from BMP's, shall be vegetated or re vegetated with vegetation that serves a pollutant removal function. The final selection of plant species for all vegetation and re vegetation shall be approved by the Department of Environmental Engineering during construction plan review. (EE) Recreation Facilities. A pavilion area with a minimum of 1800 gross square feet shall be provided in the location shown on "the Plan" and noted as the Main Pavilion. Parking for the main pavilion area shall be provided with a minimum of eighteen (18) spaces. If the project is done in phases, the Main Pavilion shall be constructed in conjunction with the first phase of the project. The main pavilion area shall be 9/8/99 99 774 23 24 25 26 Ayes Nays '~hardscaped" and have benches and other amenities that accommodate and facilitate gatherings. The exact design shall be approved by the Planning Department. Buffer. A fifty (50) foot buffer shall be provided along Genito Road. This buffer area shall be located within recorded open space. B. A twenty (20) foot buffer shall be provided along Heron Pointe Boulevard as shown on '~the Plan". This buffer shall be exclusive of required setbacks. In lieu of the twenty (20) foot buffer, an ornamental wall may be installed. The exact design of such wall shall be approved by the Planning Department. C. These buffers shall comply with Section 19 520. (a), 19 521. (a) through (h) and 19 522. (P) In addition to the direct access to Genito Road identified in Proffered Condition 6.b., an emergency access shall be provided from the cul de sac at the north end of Heron Pointe Terrace to Genito Road as shown on '~the Plan". This access shall be constructed at a minimum, as a 22 foot wide paved roadway suitable for supporting fire and rescue vehicles and shall be gated for use of emergency vehicles only. Maintenance of this roadway shall be the responsibility of the Homeowners Association. (F) Private driveways on individual lots shall be '~hardscaped". The exact design and treatment of driveways shall be approved by the Planning Department at the time of tentative subdivision review. (P) Common areas and ownership of property not contained in lots or streets conveyed to individual owners shall comply with Section 19 105 (n) of the Zoning Ordinance. (P) : Daniel, Warren, Barber, Humphrey, and McHale. 9/8/99 99 775