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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
07SN0340
Francis Beers
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September 24, 2008 BS
Matoaca Magisterial District
Alberta Smith Elementary, Bailey Bridge Middle
and Manchester High Schools Attendance Zones
West line of Qualla Road
RE VESTS:
Request I: Rezoning from Agricultural (A) to Residential (R-12).
Request II: Waiver to street connectivity requirements for Belcherwood Road.
PROPOSED LAND USE:
A residential subdivision with a maximum of 230 dwelling units is planned.
Based on the total 250.1 acres included in the application, this development would
yield an overall density of approximately 0.91 dwelling units per acre.
Specifically, 0.5 dwelling units per acre is proposed east of the limits of land
filled areas and 2.18 dwelling units per acre planned on the remainder of the
property. (Proffered Condition 8 and Exhibit A)
PLANNING COMMISSION RECOMMENDATION
RECOMMENDED DENIAL.
AYES: MESSRS. GULLEY, BASS, AND HASSEN.
NAYS: MESSRS. BROWN AND WALLER.
Providing a FIRST CHOICE community through excellence in public service
STAFF RECOMMENDATION
Re uest I: Recommend approval of the rezoning for the following reasons:
A. Since the request property would be served by public utilities and at least a
portion of the development would have access through Bayhill Pointe Subdivision
and Reedy Mill Subdivision, it is appropriate in this case to deviate from the R-88
zoning recommended by the Southern and Western Area Plan to allow a higher
density on the western portion of the request property while maintaining 0.5 units
per acre on the remainder of the property and with densities calculated exclusive
of any areas of landfill activity.
B. The proffered conditions mitigate the impact on capital facilities, consistent with
the Board of Supervisors' policy, thereby insuring adequate service levels are
maintained and protecting the health, safety and welfare of County citizens.
Re uest II: Recommend denial of the waiver to street connectivity requirements to Belcherwood
Road for the following reasons:
A. No justification for granting this waiver has been provided with this request. In
addition, the evaluation of the Policy criteria for granting such relief necessitates
design details that can best be evaluated through the subdivision review process.
B. Failure to provide a public road connection does not address health and safety
concerns of the Fire Department.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) 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) 1. Utilities. Public wastewater shall be used. (U)
(STAFF) 2. Landfill areas. The limits of any permitted and non-permitted landfill
areas that have received debris shall be shown on the construction plans
and all recorded plats. No residential dwelling shall be located within fifty
(50) feet of any of the permitted landfill areas, nor within one hundred
(100) feet of any non-permitted landfill areas. (EE and P)
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(STAFF) 3. Dam Breaks.
A. Dam break limits have been performed on Swift Creek Reservoir
dam and all structures shall be constructed outside of these limits.
B. Adam break analysis will be performed on the dam in Reedy Mill
and all homes shall be constructed outside of these limits. (EE)
(STAFF) 4. Timberin .With the exception of timbering which has been approved by
the Virginia State Department of Forestry for the purpose of removing
dead diseased trees, there shall be no timbering on the Property until a
Land Disturbance Permit has been obtained from the Environmental
Engineering Department and the approved devices have been installed.
(EE)
(STAFF) 5. Existin.~. The large pond on the property shall be retained and
upgraded to meet dam standards in the effect at the time of plan submittal.
(EE)
(STAFF) 6. Downstream Pond. The adjacent pond downstream on the eastern property
line will be analyzed and designed such that the dam does not overtop
during the 100-year storm. This may be met by improvements to the
spillway of the adjacent pond, retaining water on site or a combination
thereof. (EE)
(STAFF) 7. Capital Facilities. In addition to the Transportation Contribution in
Proffered Condition 21, the applicant, subdivider, or assignee(s) shall pay
the following to the County of Chesterfield prior to the issuance of
building permit, for infrastructure improvements within the service district
for the property:
A. If payment is made prior to July 1, 2009, $7,613.00 per dwelling
unit. At time of payment $7,613.00 will be allocated pro-rata
among the facility costs as follows: $6,149.00 for schools, $853.00
for parks and recreation, $192.00 for library facilities, and $419.00
for fire stations; or
B. If payment is made after June 30, 2009, the amount approved by
the Board of Supervisors not to exceed $7,613.00 per dwelling unit
pro-rated as set forth in Proffered Condition 7.A. above and
adjusted annually in accordance with the cash proffer policy, but in
no event shall the amount exceed the Marshall and Swift Building
Cost Index annual increase.
C. Cash proffer payment shall be spent for the purposes proffered or
as otherwise permitted by law.
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D. Should any impact fees be imposed by the County of Chesterfield
at any time during the life of the development that are applicable to
the property, the amount paid in cash proffers shall be in lieu of or
credited toward, but not be in addition to, any impact fees, in a
manner determined by the County. (B&M)
(STAFF) 8. Maximum Density. In that area lying to the east of the westernmost
boundary of the limits of permitted and non-permitted landfill areas and
north of the extension of Battlecreek Drive, and also including that area
lying to the east of Belcherwood Road as generally shown on Exhibit A
prepared by Balzer and Associates, Inc. dated September 6, 2007, and
revised June 25, 2008, shall be limited to 0.5 dwelling units per acre which
shall be exclusive of any acreage identified as having had landfill activity.
The remaining acreage shall be limited to a maximum of 2.18 dwelling
units per acre, except for those lots having sole access through Reedy Mill
Subdivision which shall have a maximum density of 1.24 dwelling units
per acre. Maximum permitted densities shall be calculated using acerages
exclusive of any areas of permitted and non-permitted landfill activities.
The maximum number of dwelling units shall not exceed 23 0 dwelling
units. (P)
(STAFF) 9. Minimum Lot Size. Except for lots having sole access through Reedy
Mill Subdivision which shall have an average lot size of one (1) acre, the
minimum lot size shall be 15,000 gross square feet. (P)
(STAFF) 10. Historic House. The historical house known as the Newby -Belcher
house shall not be removed. (P)
(STAFF) 11. Minimum Dwelling Size. Except as provided below, one-story dwelling
units shall have a minimum gross floor area of 1,700 square feet and
dwelling units with more than one story shall have a minimum gross floor
area of 2,000 square feet:
A. A maximum of twenty five (25) dwelling units located within
Tract A as shown on Exhibit A prepared by Balzer and Associates,
Inc. dated September 6, 2007 and revised June 25, 2008, shall have
a minimum gross square footage of 1,600 square feet. The
permitted lots shall be identified on the Tentative Subdivision plat
and on any record plat.
B. All dwelling units having sole access through Reedy Mill
subdivision shall have a minimum gross square footage of 2,000
square feet. (P)
(STAFF) 12. Landfill Location. The area of permitted and non-permitted landfill
activity shall be clearly identified by a permanent marker or similar
4 07SN0340-SEP24-BOS-RPT
means. The method of delineation shall be approved by the Planning
Department. (P)
(STAFF) 13. Fill Area Platting. In conjunction with submittal of the first tentative
subdivision plan, a plat showing the exact metes and bounds of the
permitted and non permitted fill areas shall be submitted to the Planning
Department. This plat shall note all conditions stated herein and, upon
approval by the Planning Department, shall be recorded in the Circuit
Court with the property reference. The limits of the areas of non-
permitted landfill activities shall be verified by a geotech that has landfill
experience. Such verification shall be submitted to the Planning
Department in conjunction with the submittal of the tentative subdivision
plan. (P)
(STAFF) 14. Landfill Ownership. The permitted and non-permitted landfill areas shall
be held in private ownership and not transferred to any Homeowners
Association. No portion of any recorded lot within this development shall
include any area of permitted and non-permitted landfill areas. (P)
(STAFF) 15. Phasin of Lots. Development on the Property shall be phased as follows:
A. No lots shall be recorded prior to January 1, 2012.
B. No more than a cumulative total of seventy-five (75) lots shall be
recorded prior to July 1, 2012.
C. No more than a cumulative total of one hundred twenty five (125)
lots shall be recorded prior to July 1, 2013.
D. No more than a cumulative total of one hundred seventy five (175)
lots shall be recorded prior to July 1, 2014.
E. No more than a cumulative total of two hundred thirty (23 0) lots
shall be recorded prior to July 1, 2015. (P)
(STAFF) 16. Connectivity. No direct vehicular access shall be provided from the
property to Belcherwood Road except for a gated emergency access.
Belcherwood Road shall be gated to preclude its use other than during
emergency situations. The exact design, location and maintenance
provisions of the access shall be reviewed and approved by the Fire
Department at the time of tentative subdivision plan review. (P & F)
(STAFF) 17. Access. Direct vehicular access from the property to Qualla Road shall be
limited to Battlecreek Drive Extended. In conjunction with tentative
subdivision plan approval, an access plan for Battlecreek Drive shall be
submitted to and approved by the Transportation Department. Direct
5 07SN0340-SEP24-BOS-RPT
vehicular access from the property to Battlecreek Drive Extended shall
conform to the approved access Plan. (T)
(STAFF) 18. Dedication. In conjunction with recordation of the initial subdivision plat
or within one hundred twenty (120) days of written request by
Chesterfield County, whichever occurs first, the following rights of way
shall be dedicated, free and unrestricted, to and for the benefit of
Chesterfield County:
A. Seventy (70) feet through the property for an east/west collector
(Battlecreek Drive Extended);
B. Forty-five (45) feet of right-of way along the west side of Qualla
Road measured from the centerline of that part of the roadway
immediately adj acent to the property (T)
(STAFF) 19. Road Improvements. The developer shall be responsible for the following
improvements:
A. Construction of two (2) lanes of Battlecreek Drive Extended
through the property to VDOT Urban Collector (40 mph)
standards, with any modifications approved by the Transportation
Department. The exact length, location, design and alignment of
this improvement shall be approved by the Transportation
Department;
B. Construction of two (2) traffic islands/circles in Battlecreek Drive
Extended if approved by the Transportation Department and
VDOT. The location and design shall be determined at time of
tentative subdivision review;
C. Construction of additional pavement along Qualla Road at the
Battlecreek Drive Extended intersection to provide a right and left
turn lane;
D. Construction of additional pavement along Battlecreek Drive
Extended at each approved public road intersection to provide a
right and left turn lane, if warranted, based on Transportation
Department standards;
E. Dedication to and for the benefit of Chesterfield County, free and
unrestricted, of any additional right-of way (or easements) required
for the improvements identified above. In the event the developer
is unable to acquire any "off site" right-of way that is necessary
for any improvement described above, the developer may request,
in writing, that the County acquire such right-of way as a public
6 07SN0340-SEP24-BOS-RPT
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 shall provide
the road improvements within available right-of way as
determined by the Transportation Department. (T)
(STAFF) 20. Phasing. Prior to any construction plan approval, a phasing plan for the
required road improvements, as identified in Proffered Condition 19 shall
be submitted to and approved by the Transportation Department. The
approved phasing plan shall require, among other things, that the
improvements identified in Proffered Condition 19 A, B and C be
provided in conjunction with development of the initial section. (T)
(STAFF) 21. Transportation Contribution. The applicant, subdivider or assignee(s) (the
"Applicant) shall pay the following to the County of Chesterfield, prior to
recordation of each subdivision section:
A. $10,467 multiplied by the total number of lots in the section to be
recorded, if paid prior to July 1, 2009,or
B. if paid after June 30, 2009, $10,467 adjusted annually in accordance
with the Cash Proffer Policy, multiplied by the total number of lots in
the section to be recorded.
The payments shall be used for road improvements within Traffic Shed 12
or for road improvements that provide relief to that Traffic Shed, as
determined by the Transportation Department.
If, upon the mutual agreement of the Transportation Department and the
Applicant, the Applicant provides road improvements other than those
road improvements identified in Proffered Condition 19, but including
improvements to Bailey Bridge Road, (the "Additional Road
Improvements") the Applicant shall receive a credit towards the amount
that would have been collected through the Transportation Contribution as
stated above. Once the sum total amount of the Transportation
Contribution as stated above exceeds the Costs of the Additional Road
Improvements as determined by the Transportation Department, the
Applicant shall commence paying the Transportation Contribution as set
forth above. The credit shall be calculated in accordance with the latest
revision of the Transportation Department's policy titled Credit For Road
Improvements.
In the event the Developer is unable to acquire any "off site" right-of way
that is necessary for the Additional Road Improvements, the developer
7 07SN0340-SEP24-BOS-RPT
may request, in writing, that the County 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 but shall be eligible for credit
toward the Transportation Contribution as outlined above. In the event the
County chooses not to assist the developer in acquisition of the "off site"
right-of way, and approved by the Transportation Department, the
developer shall provide the Additional Road Improvements to the extent
possible within available right-of way, as determined by the
Transportation Department. (T)
(STAFF) 22. Open Space. A minimum of twenty (20) percent of the total acreage,
exclusive of the landfill area as platted by the requirement of Proffered
Condition 13, shall be held in commonly owned open space. (P)
(STAFF) 23. Restrictive Covenants. The following deed restrictions and conditions
shall be recorded at time of subdivision recordation for any lots having
sole access through Reedy Mill Subdivision.
A. An Architectural Review Committee, hereinafter called "ARC",
shall be comprised of Francis Beers and Jim Kennedy, their heirs,
personal representatives, successors, and assigns. The ARC shall
coordinate each residence and lot and generally coordinate the
development, construction and planning of the lots that access
through the Reedy Mill Subdivision, according to the
specifications set forth in "Architectural Review Guidelines"
attached hereto and made a part hereof.
B. No building, structure, alteration or improvement thereto of any
character, other than internal alterations, shall be constructed upon
any lot hereby conveyed, nor shall any lot be subdivided, or altered
(the term "altered" shall include: (a) removal of live trees, (b)
grading or locating driveways or entranceways, (c) filling, or (d)
any kind or type of construction whether temporary or permanent)
unless and until such plans, specifications and landscaping lay-out
for the same have been approved in writing by the ARC, as to (1)
quality of workmanship and material types, (2) external design and
appearance, (3) location of improvements and overall landscaping,
and (4) color scheme.
C. All easements along road frontage and lot lines as shown on the
aforesaid subdivision plat are hereby reserved unto the developer,
his personal representatives, heirs, assigns, or agents, for the
purpose of drainage or furnishing lights, telephone or any other
utility to the property.
8 07SN0340-SEP24-BOS-RPT
D. All lots shall be used for residential purposes only, and there shall
not be erected on any one lot, as such lot may be prescribed and
designated on said subdivision plat, more than one detached, single
family dwelling house, and the necessary outbuildings suitable
therefore. No building shall be located on any lot nearer to any
street or to a side line than is permitted under the applicable local
zoning ordinance in effect at the time such building is constructed.
Fences or walls not constituting a part of a building shall be
approved by the ARC, and no fences or walls not constituting a
part of a building shall be erected, placed or altered on any lot
nearer to any street than the minimum front or exterior set back
line except with the prior approval of the ARC.
E. No animals, including without limitation, rabbits, poultry, or
livestock of any kind shall be allowed on any lot except that dogs,
cats, or normal household pets may be kept thereon in numbers not
exceeding those permitted by the law provided they are not kept,
bred or maintained for any commercial purposes, and must be kept
under control of their owner when outside owner's premised, nor
constitute a nuisance in the opinion of the ARC, his successors or
assigns.
F. No structure of temporary character, trailer, motor home,
basement, tent, shack, garage, barn, or other outbuilding shall be
used on any lot at any time as a residence, either temporarily of
permanently.
G. No noxious or offensive activity shall be carried on upon any lot,
nor shall anything be done thereon which may become an
annoyance or nuisance to the neighborhood. No use shall be made
of any lot which will depreciate or adversely affect the value of the
surrounding lots or of the neighborhood.
H. All lot owners shall take care not to disturb or siltate shoulders,
backslopes, ditches, pavement or driveway culverts within the
public right of way. Each lot owner agrees to be responsible for
disturbances and siltation caused by themselves, their employees,
suppliers, or contractors and shall have 14 days from the receipt of
a letter from the ARC to correct the damage. If a lot owner fails to
properly correct the damage, then the ARC or developer will
correct the damage and bill the lot owner directly. Lot owner
hereby agrees to make payment within 30 days of presentation of
bill. A 2% per month (24% per annum) service charge shall be
applied to bills after 30 days of presentation.
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I. No shrubs, trees, fences or structures of any type shall be erected
which may partially or fully block vehicular sight distance, as set
forth in the Virginia Highway Department regulations, or any
roadway in Reedy Mill.
J. No work vehicles, boats, campers or trailers may be kept in front
of any house either permanently or temporarily.
K. Invalidation of any of these covenants and conditions, by court
adjudication or otherwise shall in no way modify, affect or
invalidate any of the other covenants and conditions contained
herein which shall remain in full force and effect.
L. These covenants and conditions are to run with the land and shall
be binding upon subsequent owner or owners and all parties
claiming through or under such owner or owners for a period of
thirty (30) years from the date these covenants are recorded, after
which time said covenants shall be automatically extended for
successive period of ten (10) years unless an instrument signed by
a majority of the owners of the lots has been recorded, revoking
said covenants, or agreeing to change said covenants in whole or in
part.
M. The construction of any structure on a lot shall be completed
within a period of twelve (12) months after the beginning of
construction. During construction, the Lot shall be maintained in a
clean and uncluttered condition, free of unnecessary accumulation
of waste and building debris.
ARCHITECTURAL REVIEW GUIDELINES
All plans shall be approved prior to commencement of construction on each lot. House locations
shall be approved at construction.
Square Footage
Minimum 2,000 sq. ft.
Roof
Brick foundations
Brick pier foundations built on house exteriors shall incorporate lattice panels
Garages
Garage entrances any face road front on approval by ARC
Stoops and Walks
Brick stoops or painted fir (no salt treated stoops except when approved by ARC)
Minimum 40 sq. ft.
10 07SN0340-SEP24-BOS-RPT
Concrete sidewalks
Siding
Minimum 1 x 6 rake and fascia boards
Landscapes
Builder to leave as many trees as possible over 6" at base
$500.00 minimum shrubbery allowance
f ;nl me
Minimum 2 colors
Satellite dishes and swimming pool design, location and screening shall be approved prior to
installation.
The Architectural Review Committee (ARC), which consists of Francis Beers & Jim Kennedy,
successors, heirs, or assigns, reserve the right to modify the above restrictions or any other
imposed deed restrictions in all or in part without notice. In addition, the ARC reserves the right
to make special exceptions to these conditions on an individual basis; however, any special
exception(s) shall not be deemed as a waiver of the restriction(s) as they may apply in the future.
The ARC reserves the right to disallow construction of architecturally similar homes adjacent to
each other. (P)
(Staff 24. Trail Easement. The applicant, subdivider or assignee(s) (the "Applicant)
shall dedicate a trial easement of a minimum of thirty (30) feet wide, along
the boundary of Swift Creek, to the County, in conjunction with the
recordation of the first subdivision section. The exact location and width
shall be approved by the Parks and Recreation Department at the time of
Tentative Subdivision review. (P&R)
GENERAL INFORMATION
Location:
West line of Qualla Road and northern termini of Springhouse Drive and Belcherwood
Road. Tax IDs 740-667-8769; 741-669-3736; 743-668-1461 and 744-668-7309.
Existing Zoning:
A
11 07SN0340-SEP24-BOS-RPT
Size:
250.1 acres
Existing Land Use:
Construction, demolition
agricultural/forestal use.
Adjacent Zoning and Land Use:
and debris landfill; single family residential; and
North - A and R-25; Single family residential or vacant
South - A and R-15; Single family residential or vacant
East - A; Public/semi-public (Pocahontas Park) or vacant
West - R-12; Single family residential or vacant
T TTTT ,TTTF,C
Public Water System:
There is an existing twelve (12) inch water line extending along a portion of Battlecreek
Drive that terminates adjacent to Bailey Creek Road, approximately 580 feet west of this
site. In addition, there is an existing eight (8) inch water line extending along Springhouse
Drive, terminating adjacent to the southwestern boundary of the request site. The request
site is within the area recommended for R-88 zoning by the Southern and Western Area
Plan, and as such the use of the public water system is required by County Code.
Public Wastewater System:
There is an existing twenty-one (21) inch wastewater trunk line extending along Reedy
Branch Creek that crosses the western portion of the request site. The request site is within
the area recommended for R-88 zoning by the Southern and Western Area Plan, and as such
the use of private septic systems is permitted. However, due to the density sought by the
applicant, use of the public wastewater system will be necessary. Staff initially had
concerns as to the ability to serve the eastern half of the site, and requested that the applicant
provide an engineering evaluation. This was done, and staff is satisfied that all of the
request site intended for residential lots can be served by the public wastewater system. The
use of the public wastewater system has been proffered. (Proffered Condition 1)
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the north to Swift Creek. Approximately fifty (50) percent
of the property is wooded and, as such, should not be timbered without obtaining a land
disturbance permit from the Department of Environmental Engineering and the
12 07SN0340-SEP24-BOS-RPT
appropriate devices installed (Proffered Condition 4). This will insure that adequate
erosion control measures are in place prior to any land disturbance.
There are currently no known on-site drainage or erosion problems and none are
anticipated after development. Swift Creek forms the northern property line and over the
years has started to show signs of stream bank erosion and Qualla Road which is
immediately to the east floods during very severe storms.
The limits of any (permitted and non-permitted) cells that have received debris must be
so shown on the construction plans and all recorded plats. No dwellings should be
located within fifty (50) feet of all permitted cells and within loo feet of all non-
permittedcells. (Proffered Condition 2)
Dam break limits have been performed on Swift Creek Reservoir dam and all structures
must be constructed outside of these limits (Proffered Condition 3.A). In addition, a dam
break analysis must be performed on the dam in Reedy Mill and all homes must be
constructed outside of these limits. (Proffered Condition 3.B)
The large pond on the southeastern corner of the request will remain (Proffered Condition
5). The release rate from the pond and any property below the pond must be such that the
existing downstream pond adjacent to the eastern property line has an adequate primary
and secondary spillway based on full development. (Proffered Condition 6)
There is a permitted landfill of twenty-two (22) acres on the property and an approximate
eleven (11) acre non-permitted landfill area. The edges of the non-permitted landfill must
be located by a geotech that has landfill experience. It is critical that both are
permanently identified. (Proffered Conditions 12 and 13)
Water ualit
Swift Creek and the creek that drains Reedy Mill Subdivision are both perennial streams
and, as such, are subject to a 100 foot conservation buffer inside of which uses are very
limited. There are several other streams on the property that had perennial flow
determinations recently approved by the Water Quality Section of Environmental
Engineering and they are also subject to a 100 foot conservation buffer.
PUBLIC FACILITIES
The need for schools, parks, libraries, fire stations and transportation facilities in this area is
identified in the County's adopted Public Facilities Plan, the Thoroughfare Plan and the Capital
Improvement Program and further detailed by specific departments in the applicable sections of
this "Request Analysis."
13 07SN0340-SEP24-BOS-RPT
Fire ~Prvi~P~
The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls
are expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6)
new fire/rescue stations are recommended for construction by 2022 in the Plan. In
addition to the six (6) new stations, the Plan also recommends the expansion of five (5)
existing stations. Based on 230 dwelling units, this request will generate approximately
sixty (60) calls for fire and emergency medical service each year. The applicant has
offered measures to assist in addressing the impact on fire and EMS. (Proffered
Condition 7)
The Fire Department does not support the proposed emergency access to Belcherwood
Road (Proffered Condition 16). The Fire Department supports the Subdivision Ordinance
requirement for a second public access to developments that exceed fifty (50) dwelling
units.
Company Number 24, and the Manchester Volunteer Rescue Squad currently provide 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.
~chnnl~~
Approximately 113 (Elementary: 51, Middle: 25, High: 37) students will be generated
by this development. This site lies in the Alberta Smith Elementary School attendance
zone: capacity - 674, enrollment - 765; Bailey Bridge Middle School zone: capacity -
1,521, enrollment - 1,623; and Manchester High School zone: capacity - 2,128,
enrollment - 2,033. The enrollment is based on October 1, 2007, and the capacity is as
of 2007-2008.
This request will have an impact on schools. There are currently eight (8) trailers at
Alberta Smith and five (5) at Manchester High. Tomahawk Creek Middle School is
scheduled to open this fall. This school will provide relief for Bailey Bridge Middle,
Midlothian Middle and Swift Creek Middle. This area of the county continues to
experience growth and this school will provide much needed space.
This case combined with other residential developments and zoning cases in the area, will
continue to push these schools over capacity, necessitating some form of relief in the
future. The applicant has offered measures to assist in addressing the impact of the
development on schools. (Proffered Condition 7)
T ,ihrariPC~
Consistent with the Board of Supervisors' policy, the impact of development on library
services is assessed county-wide. Based on projected population growth, the Public
Facilities Plan identifies a need for additional library space throughout the County.
14 07SN0340-SEP24-BOS-RPT
Development of the property would most likely affect the existing Clover Hill Library or
a proposed new branch in the Winterpock and Beach Road area. The Public Facilities
Plan identified a need for additional library space in this area of the County. The
applicant has offered measures to assist in addressing the impact of this development on
library facilities. (Proffered Condition 7)
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) regional, seven (7) community
and twenty-nine (29) neighborhood parks by 2020. In addition, there is currently a
shortage of community and neighborhood park acreage in the county. The Public
Facilities Plan identifies a need for 354 acres of regional park space, 252 acres of
community park space and 199 acres of neighborhood park space by 2020. The Plan also
identifies the need for linear parks and resource based-special purpose parks (historical,
cultural and environmental) and makes suggestions for their locations. In addition, the
Plan identifies the need for additional recreational facilities to include sports fields, trails,
playgrounds, court games, senior centers and picnicking area/shelters at existing parks to
complete build out. The Plan also identifies the need for water access to the James and
Appomattox Rivers and their major tributaries, Swift and Falling Creeks. The applicant
has offered measures to address the impact of this proposed development on the
infrastructure needs of Parks and Recreation. (Proffered Condition 7)
The Southern and Western Area Plan suggests recreation/linear trails should be provided
along Swift Creek. Proffered Condition 24 requires the developer to record an easement
along Swift Creek for a trial.
Transportation:
The property is approximately 250 acres located between the Bayhill Pointe Subdivision
and Qualla Road. The applicant is requesting rezoning from Agricultural (A) to
Residential (R-12) and has proffered a maximum density of 230 dwelling units (Proffered
Condition 8). Based on trip generation rates for single-family housing, development of
the property could generate approximately 2,250 average daily trips (ADT). This traffic
would be distributed along:
Battlecreek Drive
Qualla Road
Bailey Bridge Road
4,788 ADT (2007)
8,800 ADT (2006)
8,380 ADT (2007)
Level of Service C
Level of Service E
Level of Service E.
The Thoroughfare Plan identifies Qualla 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 adjacent to the property in accordance with this Plan (Proffered
Condition 18.B). The Plan also identifies a collector through the property ("Battlecreek
Drive Extended") with a recommended right of way width of seventy (70) feet. The
applicant has proffered to dedicate seventy (70) feet of right of way for Battlecreek Drive
Extended through the property in accordance with the Plan. (Proffered Condition 18.A)
15 07SN0340-SEP24-BOS-RPT
Access to major arterials and collectors should be controlled. The applicant has proffered
that vehicular access from the property to Qualla Road will be limited to Battlecreek
Drive Extended (Proffered Condition 17). Proffered Condition 17 also requires the
applicant to submit an access plan for Battlecreek Drive Extended to the Transportation
Department for approval. Vehicular access from the property to Battlecreek Drive
Extended will conform to the approved access plan.
The property also has access to Belcherwood Road. Belcherwood Road is a narrow,
gravel road that cannot accommodate additional traffic. The applicant has proffered that
access to Belcherwood Road will be gated for use during emergency situations only.
(Proffered Condition 16)
The traffic impact of this development must be addressed. The applicant has proffered to
construct two (2) lanes of Battlecreek Drive Extended through the property with traffic
circles, right and left turn lanes along Qualla Road at the Battlecreek Drive Extended
intersection, turn lanes along Battlecreek Drive at each public road intersection, and
dedicate any additional right of way required for these improvements (Proffered
Condition 19). In order to provide the turn lanes along Qualla Road, significant, off site
right-of way will have to be acquired from the properties to the north and south.
According to Proffered Condition 19.E, if the developer needs off site right-of way for
construction of the turn lanes, and is unable to acquire it, the developer may request the
county to acquire the right-of way as a public road improvement. If the county chooses
not to assist with the right-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. Proffered Condition 20 allows these
improvements to be phased with the development but requires construction of Battlecreek
Drive Extended and the turn lanes along Qualla Road to be constructed in conjunction
with the initial development.
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. Traffic generated by this development will travel along
Qualla Road and Bailey Bridge Road. Sections of both of these roads have little or no
shoulders, fixed objects adjacent to the edge of pavement, and poor vertical and
horizontal alignments. The applicant has proffered to contribute cash, in an amount
consistent with the Board of Supervisors' Policy, towards mitigating the traffic impact of
this development (Proffered Condition 21). Proffered Condition 21 would also permit
the applicant to provide off site improvements to area roads, including Bailey Bridge
Road, in exchange for credit towards the Transportation Contribution. In order for the
applicant to receive credit for any off site improvements, staff must agree to the specific
improvements and the associated costs.
Cash proffers alone will not cover the cost of the road improvements needed in this area.
Currently included in the Six-Year Improvement Program is a proj ect that involves
reconstructing Bailey Bridge Road as a two-lane road from Claypoint Road to
Manchester High School. Preliminary plans have been developed and VDOT held a
public hearing for the project on March 20, 2007; however, the project is not anticipated
to begin until Fall 2010. The county is administering a project to improve the curve on
16 07SN0340-SEP24-BOS-RPT
Qualla Road at Belcherwood Road, which is expected to be under construction in
Summer 2008. There are no other public road improvement proj ects in this area.
During tentative subdivision review, specific recommendations will be made regarding
stub road rights of way to adj acent properties and the internal road network.
Financial Imbact on Cabital Facilities
PER UNIT
Potential Number of New Dwelling
Units 230 1.00
Population Increase 618.70 2.69
Number of New Students
Elementary 50.60 0.22
Middle 25.30 0.11
High 36.80 0.16
TOTAL 112.70 0.49
Net Cost for Schools 1,874,040 8,148
Net Cost for Parks 259,900 1,130
Net Cost for Libraries 58,420 254
Net Cost for Fire Stations 127,880 556
Average Net Cost for Roads 3,190,330 13,871
TOTAL NET COST 5,510,570 23,959
Based on a proffered maximum of 230 dwelling units (Proffered Condition 8). The actual
number of dwelling units and corresponding impact may vary.
As noted, this proposed development will have an impact on capital facilities. At the time that
this rezoning application was submitted, the calculated fiscal impact of every new dwelling unit
on schools, roads, parks, libraries, and fire stations was $15,648 per unit. Effective July 1, 2008
the maximum per-dwelling-unit cash proffer was increased to $18,080. The applicant has been
advised that a maximum cash proffer of $18,080 per unit would defray the cost of the capital
facilities necessitated by this proposed development.
17 07SN0340-SEP24-BOS-RPT
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.
T , ANTI T TCF,
Comprehensive Plan:
Lies within the boundaries of the Southern and Western Area Plan which suggests the
property is appropriate for residential use of 1-5 acre lots; suited to R-88 zoning. The
Plan offers land use recommendations based on several key issues for the area which
include, although not limited to, maintaining the existing forestall and rural character if
the area and minimizing the cost of public facilities by promoting orderly and efficient
land use patterns. The Plan provides a development approach which logically sequences
expenditures for public facilities and service. Specifically, the Plan bases land use
recommendations for residential densities an the availability and future plans for public
water and sewer services. The request property would be served by public water (as
required by County Code) and public sewer (Proffered Condition 1). In addition, at least
a portion of the proposed development will have access through Bayhill Pointe
Subdivision with the extension of Battlecreek Drive and through Reedy Mill Subdivision
via Springhouse Drive. Given these considerations, it is appropriate to deviate from the
Plan recommendations to allow a higher density than the Plan suggests on the western
portion of the request property provided the 0.5 units per acre is maintained on the
remainder of the property and densities are calculated exclusive of any areas of landfill
actlvlty.
Area Development Trends:
Surrounding properties are zoned A, R-12, R-15 and R-25 and are occupied by
agricultural uses, public/semi-public uses (Pocahontas Park), single family residential
uses on large acreage parcels and within Reedy Mill and Bayhill Pointe Subdivisions, or
are vacant. The Reedy Mill Subdivision has developed at approximately 1.24 dwelling
units per acre and the Bayhill Pointe Subdivision has a density of approximately 1.76
dwelling units per acre. It is anticipated that residential use will continue in the area at
densities suggested by the Plan.
Zonin Hg istory:
In 1982, the Board of Supervisors approved Conditional Use (Case 825071) to permit a
construction and demolition debris landfill on 7.5 acres of the request property. The
landfill operations had been occurring for approximately four (4) years without local,
state or Federal approvals. Conditions were imposed to minimize potential hazards from
the landfill operations such as identifying, removing, securing existing landfill areas and
stabilizing the slopes of these areas and along Swift Creek.
18 07SN0340-SEP24-BOS-RPT
In 1987, the Board of Supervisors approved an amendment to Conditional Use (Case
825071) to permit expansion of the landfill (Case 8750005) on 22.1 acres of the request
property. Conditions were imposed to require proper operation and reclamation of the
landfill to minimize the impact on adjacent and area properties such as buffers and
adequate cell construction and site stabilization.
In 1993, the Board of Supervisors approved an amendment to Conditional Use (Case
875005) to permit shredded tires to be utilized solely in the construction of the drainage
and drainage protection layers of a cell as a liner (Case 93 SN0229). Conditions were
imposed prohibiting the depositing of tires other than shredded fire material that was to
be placed in the landfill as part of an engineered cell liner, limited the amount of fire
material allowed, prohibited fire burning, and addressed fire protection.
Landfill Activity:
In 1982, staff confirmed that a borrow pit and construction and demolition debris landfill
operation was occurring on the subj ect property. It was determined that the operation had
been occurring without local, state and Federal approvals for approximately four (4)
years (since approximately 1978). Although, as previously noted, zoning was granted in
1982 to permit the landfill on a portion of the request property, staff is concerned that the
limits of the existing "non-permitted" or illegal fill areas have not been accurately
identified. It is important that these areas be located and properly identified so proposed
residential uses will not encroach upon these fill areas and potential hazardous impacts
may be minimized. Proffered Conditions require the exact metes and bounds of any
permitted and non-permitted landfill areas to be field located, platted, recorded and noted
on any development plans and record plats. (Proffered Conditions 2,12 and 13)
Dew:
A maximum of 230 dwelling units would be permitted on the total 250.1 acres yielding
an overall density of approximately 0.91 dwelling units per acre (Proffered Condition 8).
In addition, the proffer addresses Staff's concerns relative to excluding the permitted and
non-permitted landfill areas from the density calculations. Further, the proffer would
permit a maximum density of 0.5 units per acre on the eastern portion of the property,
and 2.18 dwelling units per acre on the remaining acreage. (Exhibit A)
The applicant has indicated that the final subdivision design may result in lots with sole
access through Reedy Mill Subdivision. This proposal does not include a request to waive
the street connectivity requirements to the stub road (Springhouse Drive) within Reedy
Mill to allow sole access, however a waiver to street connectivity could be requested
during tentative subdivision review. Should access via Springhome Drive provide sole
access to the subject property, density compatibility with those adjacent properties would
be required (Proffered Condition 8). Development within Reedy Mill Subdivision, in the
vicinity of the request property, has a density of approximately 1.24 dwelling units per
acre.
19 07SN0340-SEP24-BOS-RPT
T ,nt ~i ~e~~
To address concerns of area citizens, lots will have a minimum area of 15,000 gross
square feet except that lots with sole access through Reedy Mill Subdivision have a
minimum area of one (1) acre (Proffered Condition 9). As noted above, this proposal
does not include a request to waive street connectivity requirements to Springhouse Drive
within Reedy Mill Subdivision to allow sole access however, a waiver to connectivity
could be requested during tentative subdivision review. As such, the applicant has
proffered that any lots that have sole access through these adjacent properties will have
an average lot area of one (1) acre to ensure compatible lot sizes with those lots within
Reedy Mill Subdivision. (Proffered Condition 9)
Historic Structure:
The historic structure, the Newby-Belcher house, is required to remain (Proffered
Condition 10). The proffer does not require the structure to be maintained or restored so
therefore does little to protect it from deterioration.
H(111CP ~17PC'
Proffered Condition 11 would require certain minimum dwelling sizes. A portion of the
proffer would permit twenty-five (25) dwellings within Tract A to have a reduced size.
The lots on which these reduced dwelling sizes are permitted must be identified on
development plans and any record plat. (Proffered Condition 11 and Exhibit A)
Landfill Ownership:
Proffered Condition 14 requires the permitted and non-permitted landfill areas to be
privately owned and not owned by a homeowners association. Staff agrees that the
homeowners association should not own the landfill. In addition, the proffer prohibits any
portion of a recorded lot to include areas of permitted and non-permitted land fill
activities.
PP asin~:
To address concerns of area citizens, Proffered Condition 15 requires phasing of lot
recor atlon.
Street Connectivity:
An exception to the "Residential Subdivision Connectivity Policy" is requested to
preclude any road connection to Belcherwood Road (Proffered Condition 16). In addition
to promoting fire and emergency services safety, subdivision road connections provide
interconnectivity between residential developments, thereby reducing congestion along
collector and arterial roads and providing a convenient and safe access to neighboring
properties.
20 07SN0340-SEP24-BOS-RPT
An emergency access is proposed at Belcherwood Road (Proffered Condition 16). An
emergency access does not promote interconnectivity between residential developments
as the Policy suggests nor does it address health and safety concerns of the Fire
Department.
The "Policy" allows the Board, through the Commission's recommendation, to waive the
requirement for streets in new subdivisions to connect to adjacent public streets that are
designed as local streets, residential collectors and thoroughfare streets. Staff must
evaluate this waiver based upon three (3) criteria: (1) there must be a sufficient number
of other stub streets to adequately disperse traffic and not cause a concentrated use of any
one (1) stub street; or (2) the connection to a particular stub will cause concentrated
traffic at that location; (3) the projected traffic volume on any one (1) local street within
an existing subdivision exceeds 1,500 vehicle trips per day.
Without additional design information relative to road layout, staff cannot determine if
the criteria for granting such a waiver can be met. Therefore, it is recommended that this
waiver not be granted at this time and that consideration of this waiver be evaluated
during the plans review process when more detail is available.
Open Space:
Open space, exclusive of landfill areas, would be preserved. (Proffered Condition 22)
Restrictive Covenants:
Proffered Condition 23 requires restrictive covenants to be recorded with the recordation
of any subdivision plat for the request property. It is important to note that the County
only ensures that the covenants are recorded and is not responsible for enforcement of the
covenants. Once the covenants are recorded, they maybe changed.
CONCLUSIONS
While the request is for R-12 zoning rather than for R-88 zoning as suggested appropriate by the
Southern and Western Area Plan due to certain circumstances in this case such as the provisions
of public sewer and the adjacent land use patterns, it is appropriate to deviate from the
recommendations of the Plan to allow a higher density on the western portion of the request
property with 0.5 units per acre maintained on the eastern portion of the property.
As noted herein, approximately thirty-three (33) acres of the request property has been utilized
for permitted and non-permitted landfill activities. To address staff's concerns regarding
residential development in proximity to these landfilled areas, proffered conditions require field
location and permanent identification of these areas, require ownership other than by a
homeowners association for these areas, establish setbacks for dwellings and precludes any
residential lots to include any landfilled areas. In addition, all density calculations will be made
exclusive of any areas or permitted and non-permitted landfill activity.
21 07SN0340-SEP24-BOS-RPT
Further, the proffered conditions adequately 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 Throughfare Plan and the Capital Improvement Pro ream, and the
impact of this development is discussed herein. The applicant has addressed the impacts, thereby
insuring adequate service levels are maintained and protection the health, safety and welfare of
County citizens. Given the above considerations, staff recommends approval of the rezoning
(Request I).
Staff recommends denial of the waiver to street connectivity requirements (Request II). No
justification for granting this waiver has been provided with this request. In addition, the
evaluation of the Policy criteria for granting such relief necessitates design details that can best
be performed through the subdivision review process.
CASE HISTORY
Planning Commission Meeting (9/18/07):
At the request of the applicant, the Commission deferred this case to November 20, 2007.
Staff (9/ 19/07)
The applicant was advised in writing that any significant new or revised information
should be submitted no later than September 24, 2007, for consideration at the
Commission's November 20, 2007, public hearing.
Also, the applicant was advised that a $250.00 deferral fee must be paid prior to the
Commission's hearing.
Applicant (10/12/07):
The deferral fee was paid.
Applicant (10/26/07):
An additional Exhibit was submitted.
Applicant (10/29/07):
A waiver to sheet connectivity requirements was requested.
22 07SN0340-SEP24-BOS-RPT
Applicant (11/2/07):
Revised and additional proffered conditions were submitted.
Planning Commission Meeting (11/20/07):
At the request of the applicant, the Commission deferred this case to their regular
scheduled meeting in February, 2008.
Staff (11 /21 /07)
The applicant was advised in writing that any significant new or revised information
should be submitted no later than December 10, 2007, for consideration at the
Commission's February, 2008 public hearing.
Also, the applicant was advised that a $250.00 deferral fee must be paid prior to the
Commission's hearing.
Staff (1/10/08):
To date no new or revised information has been received, nor has the deferral fee been
pai .
Applicant (2/13/08):
The deferral fee was paid.
Planning Commission Meeting (2/17/08):
At the request of the applicant, the Commission deferred this case to their June 17, 2008
public hearing.
Staff (2/18/08):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than April 7, 2008, for consideration at the Commission's
June 17, 2008 public hearing.
23 07SN0340-SEP24-BOS-RPT
Also, the applicant was advised that a $250.00 deferral fee must be paid prior to the
Commission's hearing.
Applicant and Staff (2/22/08):
Draft revisions to proffered conditions and exhibits were submitted and continue to be
discussed for further revision.
Planning Commission Meeting (6/17/08):
At the request of the applicant, the Commission deferred this case to their August 19,
2008 public hearing.
Staff (6/18/08):
The applicant was advised in writing that any significant new or revised information
should be submitted no later that June 23, 2008, for consideration at the Commission's
August 19, 2008 public hearing.
Also the applicant was advised that a $250.00 deferral fee must be paid prior to the
Commission's hearing.
Applicant (7/16/08 and 8/7/08):
Revised and additional proffered conditions and a revised exhibit were submitted.
The deferral fee has not been paid.
Applicant (8/12/08):
Revised and additional proffered conditions were submitted.
Applicant (8/19/08):
The deferral fee was paid.
24 07SN0340-SEP24-BOS-RPT
Planning Commission Meeting (8/19/08):
The applicant accepted staff s recommendation, but did not accept the Commission's
recommendation. There was opposition and support present.
Those in opposition expressed concerns relative to the impact of the development on
schools, public safety and roads, especially Battlecreek Drive. In addition, concerns were
expressed relative to conformance with the Comprehensive Plan, a lack of similar
restrictive covenants to that of the area developments; density; proximity; homes to
landfill areas; litter; dwelling sizes; quality of life; and property values.
Those in support noted that the extension of Battlecreek Drive is recommended on the
Thoroughfare Plan and that the existing road was designed and built to accommodate a
safe extension which would provide relief on other area roads. In addition, it was noted
that the proposal complies with the Comprehensive Plan and addresses the impacts on
capital facilities.
Mr. Bass expressed concerns relative to the proximity of dwellings to the landfilled area;
overcrowded schools; and increased traffic. He indicated, given existing infrastructure,
he could not support the case.
Dr. Brown acknowledged competing interests between rights of property owner to
develop property and the impact on an existing inadequate road system.
Mr. Waller noted that the extension of Battlecreek Drive has been planned since 1989
and infrastructure is needed as growth occurs.
Mr. Hassen expressed concerns relative to the potential for dwellings to be proximate to
the landfill and the impact ofcut-thru traffic.
Mr. Gulley stated concerns relative to the potential for residential development adjacent
to a landfill, especially since certain landfilled areas had not been located and added that
development may be appropriate when infrastructure can meet the needs of additional
growth.
On a motion of Mr. Bass, seconded by Mr. Hassen, the Commission recommended
enia .
AYES: Messrs. Gulley, Bass and Hassen.
NAYS: Messrs. Brown and Waller.
On a motion of Mr. Bass, seconded by Mr. Hassen, the Commission recommended denial
of the waiver to street connectivity requirements for Belcherwood Road.
AYES: Messrs. Gulley, Bass and Hassen.
NAYS: Messrs. Brown and Waller.
25 07SN0340-SEP24-BOS-RPT
The Board of Supervisors, on Wednesday, September 24, 2008, beginning at 6:30 p.m., will take
under consideration this request.
26 07SN0340-SEP24-BOS-RPT
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