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February 21, 2001 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
00SN0174
Douglas R. Sowers
Matoaca Magisterial District
West line of Hensley Road
REQUEST: Rezoning from Agricultural (A) to Residential (R-12) with Conditional Use Planned
Development to permit use and bulk exceptions.
PROPOSED LAND USE:
A mixture of residential uses, to include single family, condominiums and cluster
homes, along with recreational uses is planned, The applicant has agreed to limit
development to a maximum of 959 units which would yield a density of
approximately 2.2 dwelling units per acre. The proposed recreational uses are
intended for use by residents of the development.
PLANNING COMMISSION RECOMMENDATION
(NOTE: SINCE THE COMMISSION'S CONSIDERATION OF THIS REQUEST, THE
PROFFERED CONDITIONS AND MASTER PLAN HAVE BEEN AMENDED, AS
DISCUSSED HEREIN.)
RECOMMEND DENIAL.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
AYES: MESSRS. GULLEY, CUNNINGHAM AND GECKER
NAYS: MESSRS. MARSH AND LITTON
STAFF RECOMMENDATION
Recommend approval subject to the applicant (1) addressing the capital needs relating to parks and
recreational facilities, as discussed herein and (2) the orientation of garages in the cluster
developments. This recommendation is made for the following reasons:
The proposed zoning and land uses comply with the Upper Swift Creek Plan which
suggests the property is appropriate for single family residential use of 2.2 dwelling
units per acre or less.
The proposed zoning and land uses are representative of, and compatible with,
existing and anticipated area development.
With the exception of parks and recreational facilities, the proffered conditions
adequately address the impact of this development on capital facilities, as outlined
in the Zoning Ordinance and the Comprehensive Plan. Specifically, the need for
schools, parks, libraries, fire stations and transportation improvements is identified
in the County's adopted Public Facilities Plan, FY 2001-2005 Capital Improvement
Program and Thoroughfare Plan and the impact of this development is discussed
herein. With the exception of parks and recreational facilities, the proffered
conditions adequately mitigate the impact on capital facilities, thereby insuring
adequate service levels are maintained and protecting the health, safety and welfare
of County citizens.
Despite the proffered conditions relating to dedication of land and payment of cash,
this development will have a direct impact on the need for additional recreational
facilities proximate to Spring Run Elementary School, as discussed herein.
The application fails to address special design features for garage doors facing
roads in the cluster areas. These standards off-set the visual impact of dwelling
units on lots smaller than 12,000 square feet.
(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.)
2 00SN0174/WP/FEB21G
PROFFERED CONDITIONS
The property owners and applicant in this rezoning case, pursuant to Section 15.2-2298 of the
Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the development of the property under
consideration will be developed according to the following proffers if, and only if, the rezoning
request submitted herewith is granted with only those conditions agreed to by the owners and
applicant. In the event this request is denied or approved with conditions not agreed to by the
owners and applicant, the proffers shall immediately be null and void and of no further force or
effect.
THE FOLLOWING PROFFERED CONDITION 1 HAS BEEN MODIFIED, AS SHOWN
HEREIN, SINCE THE PLANNING COMMISSION'S CONSIDERATION OF THIS
REQUEST:
Master Plan. The Master Plan prepared by Balzer and Associates, Inc.
dated February 16, 2000 and last revised July 13, 2000, and the Textual
Statement, dated October 18, 2000 shall be considered the Master Plan. (P)
(Staff) 1.
Master Plan. The Master Plan prepared by Balzer and Associates, Inc.
dated February 16, 2000 and last revised January 22, 2001, and the Textual
Statement, dated October 18, 2000 shall be considered the Master Plan. (P)
(Staff) 2.
Public Utilities. The public water and wastewater systems shall be used.
(u)
(Staff) 3.
Timbering. 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 permit has
been obtained from the Environmental Engineering Department and the
approved devices installed. (EE)
(Staff) 4.
Limitation of Number of Dwellings. The overall number of dwellings for
the entire Property shall not exceed 959 units. (P)
THE FOLLOWING PROFFERED CONDITION 5 HAS BEEN MODIFIED, AS SHOWN
HEREIN, SINCE THE PLANNING COMMISSION'S CONSIDERATION OF THIS
REQUEST:
Land Donation. Prior to issuance of any building permit for the Property,
Tract J, consisting of approximately 4.8 acres, and the property shown on
Exhibit I attached hereto, consisting of approximately 425 acres, shall be
3 00SN0174/WP/FEB21G
dedicated, free and unrestricted, to and for the benefit of Chesterfield
County. (B&M)
(Staff Note: It will be necessary to obtain Substantial Accord approval for
any public facility developed on the site.)
(Staff)
Land Donation. Prior to issuance of any building permit for the Property,
the property shown on Exhibit I attached hereto, consisting of
approximately fifty (50) acres, shall be dedicated, free and unrestricted, to
and for the benefit of Chesterfield County. (P)
(Staff Note: It will be necessary to obtain Substantial Accord approval for
any public facility developed on the site.)
(Staff)
6. Transportation.
(Staf/) a.
Right-of-Way Dedication. In conjunction with recordation of the
first subdivision plat or prior to any site plan approval, whichever
occurs first,, the following rights of way shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield County:
(Stuff) (i)
forty-five (45) feet of right-of-way on the west side of
Hensley Road, measured from the centerline of that part of
Hensley Road immediately adjacent to the Property;
THE FOLLOWING PROFFERED CONDITION 6.a.(ii) HAS BEEN MODIFIED, AS
SHOWN HEREIN, SINCE THE PLANNING COMMISSION'S CONSIDERATION OF
THIS REQUEST:
(ii)
a ninety (90) foot wide right of way for the north/south
arterial from Hensley Road to the northern property line, as
generally shown adjacem to Tracts A, I, F and J of the
Master Plan ("Furore Road"); and
(Staff) (ii)
a ninety (90) foot wide right of way for the north/south
arterial from Hensley Road to the northern property line, as
generally shown adjacent to Tracts A, I and F of the Master
Plan CFumre Road"); and
(Staff) (iii)
if the cul de sac of Hensley Road specified in paragraph
6(c)(iv) is to be located on Tract I, a forty-five (45) foot
radius right of way for such cul de sac.
4 00SN0174/WP/FEB21G
The exact location of the ninety (90) foot wide right of way and the
cul-de-sac right of way shall be approved by the Transportation
Department.
(Staff) b.)
Access. Unless otherwise approved by the Transportation
Department,
(Staff)
(i)
No direct access, except for an emergency access, shall be
provided from Tract H to Hensley Road;
(Staff)
(ii)
Direct access to Hensley Road and Future Road from Tracts
A, B, C, and F, shall be limited to three (3) pubic roads. If
Hensley Road is not reconstructed as a cul de sac as
specified in paragraph 6(c)(iv), the relocation of that portion
of Hensley Road shall also be permitted;
(Staff)
(iii) No direct access from Tract I to Future Road shall be
provided;
(Staff) (iv)
No direct access, except for an emergency access, shall be
provided from Tract D to Summerford Drive; and
(Staff) (v)
Direct access to the proposed West Hensley Road from
Tract H shall be limited to one (1) public road. This
condition shall not preclude access to West Hensley Road
through adjacent properties.
The exact location of all accesses shall be approved by the
Transportation Department.
(Staff) c.)
Construction. To provide an adequate roadway system, the
developer shall be responsible for the following:
THE FOLLOWING PROFFERED CONDITION 6.c.(i) HAS BEEN MODIFIED, AS
SHOWN HEREIN, SINCE THE PLANNING COMMISSION'S CONSIDERATION OF
THIS REQUEST:
¢)
Construction of two (2) lanes of Future Road from Hensley
Road to the northern boundary of Tract J. Such road shall
be constructed to VDOT urban arterial standards (40 MPH),
except that, at the request of the developer, the
Transportation Department may approve modifications to
such standards;
5 00SN0174/WP/FEB21G
(staff) (i)
Construction of two (2) lanes of Future Road from Hensley
Road to the northern boundary of Tract F. Such road shall
be constructed to VDOT urban arterial standards (40 MPH),
except that, at the request of the developer, the
Transportation Department may approve modifications to
such standards;
THE FOLLOWING PROFFERED CONDITION 6.c.(ii) HAS BEEN MODIFIED, AS
SHOWN HEREIN, SINCE THE PLA~NNING COMMISSION'S CONSIDERATION OF
THIS REQUEST:
(ii)
Reconstruction of Hensley Road to provide a twenty-two
(22) foot wide pavement section with six (6) foot wide
shoulder from proposed West Hensley Road to Future Road;
(Staft) (ii)
Reconstruction of Hensley Road to provide a twenty four
(24) foot wide pavement section with six (6) foot wide
shoulder from proposed West Hensley Road to Future Road;
(Staff) (iii)
Construction of additional pavement along Hensley Road
and Future Road at each approved access, to provide
separate left and right turn lanes, if warranted based on
Transportation Department standards;
(Staff) (iv)
Construction of a cul de sac of Hensley Road between
Spring Run Road and Furore Road in the general vicinity of
future road, as required by the Transportation Department;
provided that the exact location of such cul de sac shall be
approved by the Transportation Department. If the Virginia
Department of Transportation does not approve construction
of a cul de sac of Hensley Road and abandonment/vacation
of the necessary right of way, the requirements of this
subparagraph and the dedication requirement contained in
paragraph 6(a)(iii) shall be null and void, and Hensley Road
shall be relocated to intersect with Future Road, including
separate left and right turn lanes along Future Road, if
warranted based on Transportation Department standards;
(Staff) (v)
Construction of additional pavement along West Hensley
Road at the approved access to Tract H to provide separate
left and right turn lanes, if warranted based on
Transportation Department standards; and
6 00SN0174/WP/FEB21G
(Staff)
(Staff)
(Staf0
(Staff)
(Staff)
(vi)
Dedication to and for Chesterfield County, free and
unrestricted, of any right-of-way (or easements) required for
the transportation improvements specified herein. In the
event the developer is unable to acquire the off-site right-of-
way not included in this zoning case that is necessary for
any improvement described in paragraph 6(c)(ii), the
developer may request, in writing, the County to acquire
such right-of-way as a public road improvement. All costs
associated with the acquisition of the right-of-way shall be
borne by the developer. In the event the 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 said
road improvements within available right-of- way as
determined by the Transportation Department.
d.)
Phasing Plan. Prior to approval of any site plan or tentative
subdivision plat, whichever occurs first, a phasing plan for the
required improvements specified in this proffered condition shall be
submitted to and approved by the Transportation Department. The
approved phasing plan shall require the construction of the road
improvements identified in paragraphs 6(c)(i), (ii), and (iv) with the
first development of the property. (T)
Water Line Construction. If all necessary easements have been obtained,
in conjunction with the development of Tract H, a twelve (12) inch water
main shall be extended from Beach Road northeastwardly along Hensley
Road to Brandy Grove Court and then along the internal road network of
the property connecting into the water lines of Summerford Subdivision
along West Hensley Road. (U)
Severance. The unenforceability, elimination, revision or amendment of
any proffers set forth herein, in whole or in part, shall not affect the
validity or enforceability of any of the other proffers or the unaffected part
of any such proffer. (P)
Phasing of Development.
A maximum of 100 subdivision lots and dwelling units may be recorded or
receive site plan approval prior to January 1, 2001.
A cumulative maximum of 200 subdivision lots and dwelling units may be
recorded or receive site plan approval prior to January 1, 2002.
7 00SN0174/WP/FEB21G
A cumulative maximum of 300 subdivision lots and dwelling units may be
recorded or receive site plan approval prior to January 1, 2003.
A cumulative maximum of 400 subdivision lots and dwelling units may be
recorded or receive site plan approval prior to January 1, 2004.
A cumulative maxtmum of 500 subdivision lots and dwelling units may be
recorded or receive site plan approval prior to January 1, 2005.
A cumulative maxnnum of 600 subdivision lots and dwelling units may be
recorded or receive site plan approval prior to January 1, 2006.
A cumulative maximum of 700 subdivision lots and dwelling units may be
recorded or receive site plan approval prior to January 1, 2007.
A cumulative maxanum of 800 subdivision lots and dwelling units may be
recorded or receive site plan approval prior to January 1, 2008.
A cumulative maxanum of 900 subdivision lots and dwelling units may be
recorded or recmve site plan approval prior to January 1, 2009. (P)
THE FOLLOWING PROFFERED CONDITION 10 HAS BEEN MODIFIED, AS SHOWN
HEREIN, SINCE THE PLANNING COMMISSION'S CONSIDERATION OF THIS
REQUEST:
10. Cash Proffer.
a.)
Prior to the time of issuance of a building permit for each new
dwelling unit in excess of 759 units, the applicant, subdivider, or its
assignee, shall pay to the County of Chesterfield the following
amounts for infrastructure improvements within the service district
for the Property;
i)
if payment is made prior to July 1, 2001, $6498, to be
allocated among the facility costs as follows: $2911 for
schools, $2781 for roads, $413 for libraries, and $393 for
fire stations; or
ii)
if payment is made after June 30, 2001, the amount
approved by the Board of Supervisors, but not to exceed the
$6498 per dwelling unit as adjusted upward by any increase
in the Marshall and Swift Building Cost Index between July
1, 2000 and July 1 of the fiscal year in which the payment
is made, to be allocated pro-rata among the facility costs as
specified in (a)(i);
b.)
Provided, however, that if any building permits issued on the
property are for senior housing, the units of which meet the
occupancy requirements for "age 55 or over" housing as set forth
8 00SN0174/WP/FEB21 G
in section 3607 of the Fair Housing Act, 42 USC Section 3601 et
seq., as amended by the Fair Housing Amendments Act of 1988,
and of 24 CFR Section 100.304 in effect as of the date of the
rezoning, and which are subject to the occupancy requirement that
no person under 19 shall reside in such unit, the number of such
senior housing units built to date shall be totaled, and the applicant,
subdivider, or its assignee shall pay the following reduced amount
on an equal number of permits for dwelling units, regardless of
whether such units are age restricted, for any building permit issued
for dwelling units beginning with the 760th unit:
i)
if payment is made prior to July 1, 2001, $3242, to be
allocated among the facility costs as follows: $2514 for
roads, $373 for libraries, and $355 for fire stations; or
ii)
if payment is made after June 30, 2001, the amount
approved by the Board of Supervisors, but not to exceed the
$3242 per dwelling unit as adjusted upward by any increase
in the Marshall and Swift Building Cost Index between July
1, 2000 and July 1 of the fiscal year in which the payment
is made, to be allocated pro-rata among the facility costs as
specified in (b)(i).
c)
If any of the cash proffers are not expended for the purpose
designated by the Capital Improvements 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 lieu of or
credited toward, but not be in addition to, any impact fees, in a
manner determined by the County. (B&M)
(Staff)
10. Cash Proffer.
a)
Prior to the time of issuance of a building permit for each new
dwelling unit, the applicant, sulxlivider, or its assignee, shall pay to
the County of Chesterfield the following amounts for infrastructure
improvements within the service district for the Property:
i) . For each of the first 71 dwelling units:
a)
if payment is made prior to July 1, 2001, $1232, to
be allocated among the facility costs as follows: $692
9 00SN0174/WP/FEB21 G
ii)
iii)
for parks, $277 for libraries, and $263 for fire
stations; or
b)
if payment is made after June 30, 2001, the amount
approved by the Board of Supervisors, but not to
exceed the $1232 per dwelling unit as adjusted
upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 2000 and July
1 of the fiscal year in which the payment is made, to
be allocated pro-rata among the facility costs as
specified in (i)(a);
For each of the dwelling units from the 72nd through and
including the 384th unit:
a)
if payment is made prior to July 1, 2001, $3242, to
be allocated among the facility costs as follows:
$2010 for roads, $692 for parks, $277 for libraries,
and $263 for fnce stations; or
b)
if payment is made after June 30, 2001, the amount
approved by the Board of Supervisors, but not to
exceed the $3242 per dwelling unit as adjusted
upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 2000 and July
1 of the fiscal year in which the payment is made, to
be allocated pro-rata among the facility costs as
specified in (ii)(a);
For each dwelling unit in excess of 384 units:
a)
if payment is made prior to July 1, 2001, $6498, to
be allocated among the facility costs as follows:
$3256 for schools, $2010 for roads, $692 for parks,
$277 for libraries, and $263 for fire stations; or
b)
if payment is made after June 30, 2001, the amount
approved by the Board of Supervisors, but not to
exceed the $6498 per dwelling unit as adjusted
upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 2000 and July
1 of the fiscal year in which the payment is made, to
10 00SN0174/WP/FEB21G
be allocated pro-rata among the facility costs as
specified in (iii)(a);
c)
provided, however, that if any building permits
issued for any of the 959 units permitted on the
property are for senior housing, the units of which
meet the occupancy requirements for "age 55 or
over" housing as set forth in section 3607 of the Fair
Housing Act, 42 USC Section 3601 et seq., as
amended by the Fair Housing Amendments Act of
1988, and of 24 CFR Section 100.304 in effect as of
the date of the rezoning, and which are subject to the
occupancy requirement that no person under 19 shall
reside in such unit, the number of such senior
housing units built to date shall be totaled, and the
applicant, subdivider, or its assignee shall pay only
the amounts specified in paragraph (a)(ii) on an equal
number of permits for dwelling units, regardless of
whether such units are age restricted, for any
building permit issued for dwelling units beginning
with the 385th unit.
b)
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 lieu of or
credited toward, but not be in addition to, any impact fees, in a
manner determined by the County. (B & M)
THE FOLLOWING PROFFERED CONDITION 11 HAS BEEN ADDED SINCE THE
PLANNING COMMISSION'S CONSIDERATION OF THIS REQUEST:
(Staff) 11.
~. Except as stated herein, the exterior faces of the front
and side walls of any dwelling unit on a lot adjacent to Summerford,
Section A shall be brick veneer for the full height of the front and side
walls. Exterior faces of all walls of any dwelling unit on a corner lot
adjacent to Summerford, Section A, shall be brick veneer for the full height
of the walls. The brick veneer requirement shall exclude miscellaneous
exterior trim treatments and windows. (BI)
11 00SN0174/WP/FEB21G
GENERAL INFORMATION
Location:
Fronting in four (4) places on the west line of Hensley Road, north of Riverway Road.
Tax ID 727-660-Part of 8598 and 729-661-5038 (Sheet 23).
Existing Zoning:
A
Size:
436 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North - R-9 and A; Single family residential, public/semi-public (Spring Run Elementary
School and Birkdale Golf Course)
South - R-25 and A; Single family residential, public/semi-public (soccer fields) or vacant
East - A; Single family residential or vacant
West - A and R-12; Single family residential or vacant
UTILITIES
Public Water System:
The existing public water system is located as follows: a twelve (12) inch line along
Summerford Drive; a sixteen (16) inch line along West Hensley Road in Summerford
Subdivision; a sixteen (16) inch line along Beach Road; and an eight (8) inch line along
portions of Hensley Road. Use of the public system is recommended and has been
proffered. (Proffered Condition 2)
The request site falls within both the Swift Creek and Physic Hill pressure zones. Water
extensions are required from both zones to provide adequate fire and domestic services for
the request site. The owner/developer of this property should coordinate the design of
water lines with the developers of Summerford and Brandy Oaks Subdivisions to provide
proper service. There may be some lots within this development that will require individual
booster pumps. Due to the complexity of the public water system in this area, the Utilities
12 00SN0174/WP/FEB21G
Department will be requiring the submission of an overall water and wastewater system
plan for this development, as outlined in the County's Water and Sewer Specifications and
Procedures. The overall water and wastewater system plan is to be submitted in
conjunction with the first tentative, site or construction plan submission for the
development, and is to be approved prior to any other plan approval for the development.
The overall water system plan must address optimization and development phasing to
insure the ability to meet fire and domestic demands. The following improvements will be
required of the owner/developer, in conjunction with tentative approval, and are to be
incorporated into the overall plan:
A twelve (12) inch water main along any extension of Summerford Drive or along
the southern boundary of Tracts A, G, E and D through the request site, connecting
to the future sixteen (16) inch water line in Brandy Oaks Subdivision at the future
Brandy Oaks Boulevard and Hensley Road intersection.
A sixteen (16) inch water main from the future intersection of West Hensley and
Hensley Roads, extending northeastwardly along Hensley Road and through Tract
C of the request site and connecting to the existing eight (8) inch water line or the
future sixteen (16) inch water line at Brandycrest Drive and Hensley Road.
Depending upon the specific development layout for Tract A, the Utilities
Department may require that a portion of the on-site water system incorporate a
sixteen (16) inch water main, extending from the future Summerford Drive
Extended to the northeast corner of Tract A. Should property east of Hensley Road
be zoned and/or developed in advance of Tract A, a sixteen (16) inch water main
extension along Hensley Road will be required as part of that development, thereby
negating the necessity of the larger line through Tract A.
Construction of loop water line connections through the Brandy Oaks and
Summerford developments must be completed to achieve proper fire and domestic
services.
An additional water main needed by the proposed development will be a connection
between Beach Road and a future water main along West Hensley Road. The applicant has
agreed to route this main along Hensley Road such that the public water system will be
made directly available to existing homes on Hensley Road (Proffered Condition 7). The
Utilities Department has agreed to obtain the necessary temporary and permanent
easements along Hensley Road to facilitate the construction of this main.
Public Wast~water System:
The public wastewater system is located in the adjacent Birkdale Subdivision where an
existing fifteen (15) inch trunk line is located approximately 1850 feet north of the request
13 00SN0174/WP/FEB21G
site; and an existing twelve (12) inch wastewater line is located in Summerford - Section
A, approximately 900 feet north of the request site. Extension of both trunks will be
necessary to develop the request site. Use of the public wastewater system has been
proffered. (Proffered Condition 2)
The Utilities Department will be requiring the submission of an overall water and
wastewater plan for this development, as called for in the County's Water and Sewer
Specifications and Procedure~. The overall water and wastewater plan is to be submitted
in conjunction with the ftrst tentative, site or construction plan for the development, and
is to be approved prior to any other plan approval for the development. This plan is to
address service to that portion of Tract H which does not naturally drain towards Birkdale
and Summerford Subdivisions.
ENVIRONMENTAL
Drainage and Erosion:
The property drains in two (2) directions. The area to the northeast drains directly into
Birkdale Lake. The area to the southwest drains to the north through the existing
Summerford pond prior to entering Birkdale Lake. There are no known on- or off-site
drainage or erosion problems. The majority of the parcel is heavily forested and timbering
should not occur until a land disturbance permit has been obtained and the approved
devices have been installed. This will insure that proper erosion control measurements are
in place prior to any land disturbance. (Proffered Condition 3)
Road Names:
At the appropriate time, the alignment of North Hensley Road through this development
will require, the renaming of a large portion of existing Hensley Road.
Water Ouali _ty:
There are some stormwater management and water quality concerns with development of
this property. However, the construction of the proposed second lake in Summerford and
on a part of the subject property as shown on the master plan will be sufficient in size to
handle the water quantity and quality concerns from development of this property and the
remaining area proposed for expansion of the Summerford development.
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the FY 2001-2005 Capital Improvement Program and
14 00SN0174/WP/FEB21G
is further detailed by specific departments in the applicable sections of this analysis. 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 2015. Six (6) new fire/rescue stations are recommended for
construction by 2015 in the Public Facilities Plan. Based on 959 dwelling units, this
request will generate approximately 142 emergency calls for fire and rescue services per
year. This proposal addresses the impact of this development on fire and rescue services.
(Proffered Condition 10)
This property is currently served by the Clover Hill Fire/Rescue Station, Company
Number 7 and Manchester Rescue Squad. However, it is located within the proposed
service area for the new Winterpock/Beach Road Fire/Rescue Station planned for
completion in 2002 and proposed to be located south of the request property and south of
Hensley Road. When the property is developed, the number of hydrants and quantity of
water needed for fire protection will be evaluated during the plans review process.
To satisfy the requirement of the Subdivision Ordinance, when the cumulative total of
dwellings located on individual lots exceeds fifty (50) and/or when the number of dwellings
on individual lots in any section, phases, etc. exceeds fifty (50), a second public access
road to all units must be provided unless an exception to the requirement is granted through
the tentative subdivision review process. The purpose of this requirement is to provide
emergency vehicles access to all units should an entrance become blocked.
The Zoning Ordinance addresses provision of a second means of access for more than fifty
(50) dwelling units for condominium or multi-family units if the property were zoned R-
MF. The Textual Statement proposes, in lieu of the typical requirements for a
public/private second road access, a controlled access road to he used by vehicles in
emergency situations only be allowed. The Fire Department supports this type of second
access as long as the design and construction of the road is sufficient to support
fire/emergency vehicles; is of sufficient width to accommodate vehicles in an emergency
situation (normally, twenty-four (24) feet in width); and acceptable provisions are made
to ensure adequate maintenance of the access road and associated gates and/or other
devices used to control non-emergency vehicle movement. The location and design of
second accesses will be evaluated and approved during the site or subdivision plans review
process.
Schools:
Approximately 537 students will be generated by this development. The site lies in the
Spring Run Elementary School attendance zone: capacity - 900, enrollment - 873; Bailey
15 00SN0174/WP/FEB21G
Bridge Middle School zone: capacity - 1,200, enrollment - 1,524; and Clover Hill High
School zone: capacity - 1,700, enrollment - 1,822.
There are currently ten (10) trailers at Bailey Bridge Middle and eight (8) trailers at Clover
Hill High. These schools are expected to continue experiencing significant overcrowding.
The school division will continue to monitor enrollment growth and explore alternatives
fbr overcrowding relief for these schools.
This request will have an impact on area schools. The developer has proffered dedication
of fifty (50) acres as part of this application for public use (Proffered Condition 5). The
details for the dedicated site are discussed under the "Land Dedication" section of this
analysis. The fifty (50) acre tract is viable for use as an elementary or middle school site
sometime in the future. In addition to this dedication offer, the applicant has proffered
cash thereby, fully addressing the impact on school capital facilities. (Proffered Condition
10)
Libraries:
Consistent with 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. Taking
into account the additional space provided by the two (2) currently funded projects, the
new La Prade and Chester Libraries, there is still a projected need for 55,000 additional
square feet of library space County-wide by 2015.
The proposed development would most likely have a direct impact on the Clover Hill
Library or on a new proposed branch identified in the Public Facilities Plan in the vicinity
of Beach and Qualla Roads by 2015. Libraries evaluated the possible use of some of the
fifty (50) acre land dedication tract and determined that the site would not satisfy library
service needs (see "Land Dedication" section of this analysis). This proposal addresses the
impact on library capital facilities. (Proffered Condition 10)
Parks and Recreation:
The Public Facilities Plan identifies the need for two (2) new regional parks in the County
by 2015. Additionally, the proposed development would generate the need for
neighborhood parks, as discussed in the Public Facilities Plan. The applicant has offered
measures to assist in addressing the impact of this proposed development on parks and
recreation facilities. (Proffered Condition 10)
Originally, the applicant offered to dedicate 425 acres for public use. The 425 acres was
generally in conformance with the Public Facilities Plan for a Southern Pocahontas
Regional Park. Additionally, the applicant offered to dedicate 4.8 acres within the
16 00SN0174/WP/FEB21G
boundaries of the request site and adjacent to Spring Run Elementary School. The 4.8
acres would have been used to relieve critical overcrowded youth sports facilities at Spring
Run Elementary School.
Since the Commission's consideration of this case, the proffers have been revised to offer
cash to address the impact on capital facilities and withdrawn the offer to dedicate the
properties described, except for fifty (50) acres south of Beach Road. While the current
cash proffer is consistent with the Board's cash proffer policy, the park needs in this area
are unique. Specifically, the opportunities for expansion of recreational facilities at Spring
Run Elementary am limited due to existing development. The proposed development will
increase the number of school children in the area, impacting the facilities currently in
place at Spring Run Elementary School which are already significantly over burdened.
Accordingly, the current proffers do not adequately address the development's impact or
the need for recreational facilities at Spring Run Elementary School. The Board's cash
pi'offer policy provides that unique circumstances, such as that discussed herein, may be
considered when evaluating a zoning case's impact on health, safety and welfare. The
Parks and Recreation Department has discussed this concern with the applicant; however,
to date, the applicant has not offered any means to address this concern. There are several
means by which the applicant could address the need for expansion of recreational facilities
at Spring Run Elementary School such as dedication or reservation of land for purchase
next to the school. If this need is not addressed through this proposal, the expansion of
Spring Run Elementary School recreational facilities is doubtful.
Transportation:
The applicant has proffered a maximum density of 959 dwelling units (Proffered Condition
4). This development will be a major traffic generator in the County. As a comparison of
the density, Deer Run Subdivision has approximately 1,010 dwelling units; Queensmill has
approximately 460 dwelling units; Salisbury has approximately 1,250 dwelling units;
Smoketree has approximately 610 dwelling units; and Walton Park has approximately 820
dwelling units.
Based on single family trip rates, the proposed development of 959 dwelling units could
generate approximately 8,300 average daily trips. These vehicles will be distributed along
Hensley Road. The traffic generated by the development will be over four times greater
than the 1999 traffic count of 1,950 vehicles per day on Hensley Road. The applicant has
proffered some right of way dedications, certain road improvements and contribution of
the maximum cash proffer recommended in the Board's Cash Proffer Policy for roads
improvements. Existing roads in this area have narrow pavement width, little or no
shoulders, and poor vertical and horizontal alignments. The increase in traffic generated
by this development will significantly increase the need for transportation improvements
in this area. Several public road projects are currently planned in this area. However,
even with these public projects and the applicant's proffers, additional funding for road
improvements will be needed.
17 00SN0174/WP/FEB21G
The Thoroughfare Plan identifies Hensley 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 Hensley Road, in accordance
with that Plan. (Proffered Condition 6.a.i.)
The Thoroughfare Plan also identifies a north/south major arterial ("Future Road"), with
a recommended right of way width of ninety (90) feet, extending from Spring Run Road
to Hensley Road. Spring Run Elementary School is located north of the subject property.
In conjunction with development of the elementary school, a ninety (90) foot wide right
of way was recorded for Future Road between Spring Run Road and the northern boundary
of the subject property. The applicant has proffered to dedicate a ninety (90) foot wide
right of way for Future Road from the northern boundary of the subject property to
Hensley Road. (Proffered Condition 6.a.ii.)
The proposed Master Plan subdivides the property into nine (9) tracts; Tracts A, B, C, D,
E, F, G, H and I. West of the property is Summerford Subdivision. In conjunction with
recordation of the next section of Summerford an east/west major arterial (West Hensley
Road) will be extended from its current terminus to Hensley Road, generally intersecting
Hensley Road between Tracts C and H of the subject property. The Thoroughfare Plan
identifies West Hensley Road as a major arterial.
Access to major arterials, such as Hensley Road, West Hensley Road and Furore Road,
should be controlled. The applicant has proffered that: 1) no direct access, except for an
emergency access, shall be provided from Tract H to Hensley Road; 2) direct access from
Tracts A, B, C and F to Hensley Road and Furore Road will be limited to three (3) public
roads; 3) no direct access will be provided from Tract I to Future Road; and 4) direct
access from Tract H to the proposed West Hensley Road shall be limited to one (1) public
road (Proffered Condition 6.b.). In recording Summerford Subdivision, a stub road right
of way (Summerford Drive) was provided to the property (i.e., Tract D). Proffered
Condition 6.b. also states that no direct access, except for an emergency access, will be
provided from Tract D to Summerford Drive.
The traffic impact of this development must be addressed. The applicant has proffered to:
1) construct two (2) lanes of Future Road from Hensley Road to the ngrthern boundary of
the property; and 2) construct additional pavement along Hensley Road, Future Road and
West Hensley Road at each approved access to provide separate left and right turn lanes,
based on Transportation Department standards (Proffered Condition 6.c.i., iii. and v.)
As previously noted, Future Road extends along the Spring Run Elementary School parcel.
In conjunction with development of the elementary school, only part of Future Road within
the school parcel was constructed. School Administration has provided the owner of the
subject properly with a letter committing to begin construction of Future Road from its
current terminus on the school site to the northern boundary of the subject property, at
such time the developer begins construction of the section of Future Road on the subject
property.
18 00SN0174/WP/FEB21G
There are approximately forty-five (45) lots that from the section of Hensley Road between
Future Road and Spring Run Road. Several property owners of parcels that front this
section of Hensley Road attended public meetings on this zoning request. Many of those
property owners requested that the developer construct a cul-de-sac on Hensley Road so
that traffic generated by the development would be distributed along Future Road instead
of along their section of Hensley Road. In order to eliminate an intersection that is poorly
aligned, the cul-de-sac should be constructed at the northern end of Hensley Road at its
intersection with Spring Run Road. The residents have requested that the cul-de-sac be
constructed on the section of Hensley Road near Future Road. The developer has
proffered to construct a cul-de-sac on Hensley Road between Spring Run Road and Future
Road, in the general vicinity of Future Road (Proffered Condition 6.c.iv.). The Virginia
Department of Transportation (VDOT) must approve the construction of the cul-de-sac on
Hensley Road. If the cul-de-sac is not approved by VDOT, the developer will be relieved
of the obligation to construct this improvement and dedicate the required right of way. The
developer will instead be required to realign Hensley Road at its intersection with Future
Road and provide turn lanes along Future Road at that intersection. Based on their initial
review, VDOT supports constructing a cul-de-sac on Hensley Road, as proffered.
The Planning Commission Stub Road Policy suggests that subdivision streets projected to
carry 1,500 vehicles per day or more, should be designed and constructed as "no-lot
frontage" roads. Based on the anticipated traffic volumes generated by development of the
property, it may be necessary to design and construct residential collector streets (i.e.,
"no-lot frontage" roads) through parts of the property.
The Thoroughfare Plan identifies the need to improve existing roads, as well as construct
new roads to accommodate growth. Area roads within the traffic shed established as part
of the Cash Proffer Policy (see attached map), such as Hensley Road, Bailey Bridge Road,
Spring Run Road, Beach Road and Qualla Road, have narrow pavement, minimal
shoulders and poor vertical and horizontal alignments. Area roads need to be improved
to address safety and accommodate the significant increase in traffic generated by this
development.
Included in the Six Year Secondary. Road Improvement Plan are four (4) projects to
improve roads in this area. These projects will: 1) improve two (2) substandard curves on
Spring Run Road (anticipated to begin construction in Fall 2005); 2) realign Hensley Road
at its intersection with Spring Run Road (anticipated to begin construction in Summer
2005); 3) reconstruct Bailey Bridge Road from Claypoint Road to Manchester High School
(anticipated to begin in Fall 2004); and 4) reconstruct Bailey Bridge Road from
Manchester High School to Spring Run Road (anticipated to begin beyond the Six Year
Plan). Based on State funding forecasts, these projects could be substantially delayed.
The applicant has proffered to widen Hensley Road to a twenty-four (24) foot wide typical
section from West Hensley Road to Future Road (Proffered Condition 6.c.ii.). The
applicant has proffered to dedicate any right of way required for this road improvement.
The subject property fronts this entire section of Hensley Road except for two (2) adjacent
19 00SN0174/WP/FEB21G
parcels. In order to widen this roadway, some "oft-site" right of way may need to be
acquired from those two (2) existing parcels. According to the proffer, if the developer
is unable to acquire the right of way, the developer may request the County to acquire the
right of way as a public road improvement. All costs associated with the acquisition will
be borne by the developer. If the County chooses not to assist with the right of way
acquisition, the developer will not be obligated to acquire the right of way, and will only
be required to construct road improvements within available right of way.
The applicant has proffered that in conjunction with the initial development of the
property, he will construct the two (2) lanes of Future Road, construct the cul-de-sac on
Hensley Road if approved by VDOT, and widen Hensley Road (Proffered Condition 6.d.).
The applicant has also proffered to contribute cash for road improvements for each
dwelling unit developed in excess of seventy-one (71) units (Proffered Condition 10). The
applicant is addressing the traffic impact of the initial seventy-one (71) units by widening
a section of Hensley Road.
At time of tentative or site plan review, specific recommendations will be provided
regarding access and the internal street network.
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 959* 1.00
Population Increase 2656.43 2.77
Number of New Students
Elementary 258.93 0.27
Middle 124.67 0.13
High 153.44 0.16
TOTAL 537.04 0.56
Net Cost for Schools 3,180,044 3,316
Net Cost for Parks 674,177 703
Net Cost for Libraries 270,438 282
Net Cost for Fire Stations 257,012 268
Average Net Cost for Roads 1,963,073 2,047
TOTAL NET COST 6,344,744 6,616
*Based on proffered number of units. (Proffered Condition 4)
20 00SN0174/WP/FEB21G
As noted, this development will have an impact on capital facilities. Staff has calculated the fiscal
impact of every new dwelling unit on schools, roads, parks, libraries and fire stations at $6,616
per unit. The applicant has been advised that a maximum proffer of $6,498 per unit would defray
the cost of the capital facilities necessitated by this proposed development. Circumstances relevant
to tiffs case, as presented by the applicant, have been reviewed and it has been determined that it
would be appropriate to accept the maximum cash proffer in this case.
The applicant has proffered the dedication of land, transportation improvements and cash to assist
in defraying the cost of this proposed development on such capital facilities. The proffered
dedication of land consists of approximately fifty (50) acres (Proffered Condition 5). The
dedication is not part of the subject tract, but is in close proximity and generally shares the same
service districts of the subject tract. Accordingly, the proffered dedication can be accepted should
the County choose to do so. The applicant has proffered transportation improvements that
mitigate, in part, transportation impacts generated by this request (see the Transportation section
of this "Request Analysis"). In addition, the applicant has proffered cash in the amounts ranging
from $1,232 to $6,498 per dwelling unit. These proffered amounts, in conjunction with the land
dedication and transportation improvements, fully address the impact of this proposed request on
capital facilities, with the exception of parks and recreational facilities, as discussed in the Parks
and Recreation section of the "Request Analysis".
The applicant has proffered $1,232 per dwelling unit on the first seventy-one (71) units, $3,242
per dwelling unit on the seventy-second (72nd) unit through and including the 384a, dwelling unit,
and $6,498 for each dwelling unit developed in excess of 384 units. For age restricted units the
applicant has proffered $3,242, an amount reduced for school capital facilities. In addition, the
proffer for age restricted units would allow the applicant to pay the reduced amount for any unit
in excess of 384 units, regardless of age restrictions or not, provided an equivalent number of age
restricted units have been built as part of the first 384 units. (Proffered Condition 10)
A credit for the land has been considered based on methodologies that have been used in the past.
The land was credited at the average cost paid per acre by the County for school property and is
the same value used in calculating the school impact. The credit was calculated only for those
capital facilities for which the land could be utilized and only to the extent those facilities are
impacted. In this case, that is the Schools' capital facilities. The opportunities afforded by the
proffered land dedication are further described in the Schools' section of this "Request Analysis."
Based on the cash proffer policy, staff concludes that the proffered conditions adequately address
the impact of the proposed development on capital facilities, with the exception of parks and
recreational facilities, as discussed in the Parks and Recreation section of this "Request Analysis."
LAND DEDICATION
The applicant has proffered to dedicate approximately fifty (50) acres to assist in defraying the cost
of the proposed development on public facilities.
21 00SN0174/WP/FEB21G
This tract is not located within the boundaries of the parcel which is the subject of this rezoning.
Rather this tract fronts the south line of Beach Road, west of Carters Way Boulevard. Tax ID
729-651-Part of 4456. Following is an analysis of the fifty (50) acre tract with respect to utilities,
environmental engineering, transportation, etc.
Utilities:
Public Water System:
There is an existing sixteen (16) inch water line along Beach Road, adjacent to the
proposed fifty (50) acre dedication site. Also, there are existing eight (8) inch
water lines in Caners Way and Carters Valley Roads, east of the proposed
dedication site. Depending upon future development plans for the dedication site,
an interconnection between the sixteen (16) inch and eight (8) inch lines may be
necessary to meet fire flow demands. If this interconnection is necessary,
acquisition of off-site easements and construction of off-site lanes may be necessary
to meet fire flow demands.
Public Wastewater System:
The public wastewater system is not available to the fifty (50) acre dedication site.
Providing public wastewater service to this property would require extensive
construction of new trunk lines and several pumping stations and force mains
through sparsely developed areas. Extension of wastewater lines to this area would
necessitate the upgrading of existing wastewater facilities extending all the way to
the Proctors Creek Wastewater Treatment Plant· Preliminary cost estimates for
these improvements are in the millions of dollars.
Private Septic System:
The School Board Administration has advised that if sewer is not available at such
time as a school is to be constructed on the fifty (50) acre dedication site, a package
plant would be installed to serve the wastewater needs. A package plant requires
approval of the plans by the State Health Department and of a discharge permit
from the State Department of Environmental Quality.
Environmental:
Ero i n:
The property proposed for dedication drains to the south through a tributary to
Second Branch Creek which then proceeds east under Second Branch Road. When
water tops Second Branch Road, a home located in the southwest quadrant of the
intersection of Second Branch Road and Second Branch Creek experiences water
coming extremely close to the basement.
22 00SN0174/WP/FEB21G
Public
A study is currently underway by the developer of Carters Mill Subdivision.
Environmental Engineering is working with that developer and VDOT toward a
solution to the flooding of Second Branch Road. It is anticipated that the Second
Branch Creek and Second Branch Road drainage concern will be alleviated before
development of the property to be dedicated.
There are no known, on-site or off-site erosion problems and none are anticipated
after development.
Facilities:
Schools:
The School Administration has indicated that the land proposed for dedication
could be used for a future elementary or middle school. Although a school site in
this area is not identified in the current Public Facilities Plan, it should be noted
that the Public Facilities Plan is currently being revised. It is anticipated that
additional school sites will be needed in this region of the County over the next five
(5) to fifteen (15) years. The School Division supports acceptance of the fifty (50)
acre tract. With the site dedication and the proffer of cash, the impact on public
schools has been adequately addressed. (Proffered Conditions 5 and 10)
Libraries:
The Public Facilities Plan identifies a need for a new library by 2015 in the vicinity
of Beach and Qualla Roads, approximately two (2) miles east of the fifty (50) acre
tract. The fifty (50) acre tract does not meet the service needs for this proposed
library site.
Parks and Recreation:
As indicated previously, the Public Facilities Plan identifies the need for two (2)
new regional parks in the County by 2015 and neighborhood parks. If schools
locate on the fifty (50) acre tract proposed for dedication, the need for regional or
community parks and recreational facilities cannot be met on this proposed
dedication tract.
Transportation:
Acceptance of this land dedication will not include approval of a specific use of the
property. No specific information has been provided to estimate the anticipated
traffic generation from development of the property. Representatives of School
Administration and the Parks and Recreation Department had expressed interest in
the land dedication. School Administration anticipates constructing a middle school
on the property. Based on middle school trip rates, development of the property
23 00SN0174/WP/FEB21G
could generate approximately 1,660 average daily trips. These vehicles will be
distributed along Beach Road which had a 1999 traffic count of 1,621 vehicles per
day.
The Thoroughfare Plan identifies Beach Road as a major arterial with a
recommended right of way width of ninety (90) feet. The Thoroughfare Plan also
identifies a proposed north/south major arterial, with a recommended right of way
width of ninety (90) feet, from Beach Road at its intersection with Brandy Oaks
Boulevard, south through the property, to Riverway Road at its intersection with
Walkes Quarter Road.
Area roads, such as Beach Road, have narrow pavement, minimal shoulders and
poor vertical and horizontal alignments. Existing roadways may need to be
improved to address safety and accommodate the increase in traffic generated by
this potential development. The only road improvement in this area that is included
in the Six Year Secondary_ Road Improvement Plan is a project to realign Riverway
Road at its intersection with Beach Road (anticipated to begin construction in
Spring 2004). Based on State funding forecasts, this project could be substantially
delayed.
Depending on actual traffic generation and distribution, development of the
property may need to include reconstruction of substandard section(s) of the road
network in this area. In addition, and in conjunction with any development of the
property, the following should be provided: 1) right of way dedication in
accordance with the Thoroughfare Plan along Beach Road; 2) relocation of the
ditch to provide an adequate shoulder and construction of turn lanes along Beach
Road based on Transportation Department standards; and 3) right of way
dedication and constxuction of two (2) lanes of the north/south arterial through the
entire property boundary.
At time of substantial accord determination for any facility proposed on the
property, specific recommendations will be provided regarding right of way
dedication, access and required road improvements.
Substantial Accord:
Normally, the boundaries of a land dedication proffer would be encompassed in the
boundaries of the rezoning request. Because this site is not, staff is unable to
address the specifics of design elements such as setbacks, buffers, architectural
style, etc. Therefore, based upon State law requirements for public facilities, if
this proffer of dedication is accepted, it will be necessary to obtain Substantial
Accord approval for any public facility developed on the site.
24 00SN0174FWP/FEB21G
Land Use:
Comprehensive Plan:
The fifty (50) acre land dedication lies within the boundaries of the
Southern and Western Area Plan which suggests the property is appropriate
for rural conservation use (Green Area). The Plan suggests development
in this area should be deferred for twenty (20) years unless provisions are
made earlier for supporting public facilities to include public utilities. One
of the goals of the plan is to provide adequate public services and facilities
concurrent with development.
Area Development Trends:
Adjacent property to the north and a portion of adjacent properly to the east
is zoned Residential (R-25) and consists of single family residences in
Brandy Oaks and Carters Mill Subdivisions or remains vacant. The
remainder of area property is zoned Agricultural (A) and consists of single
family residences or remains vacant. Based upon the recommendations of
the Plan, development in this area is not appropriate until adequate public
facilities are available.
As previously noted, the fifty (50) acres to be dedicated lies within the
boundaries of the rural conservation area of the Southern and Western Area
plan. This land is located within and on the northern edge of the "green
area". Ultimate development for school or other public facility use could
stimulate residential growth within the surrounding deferred growth area.
It should be noted that the boundaries of the proposed fifty (50) acre
dedication do not include all of the property which the applicant controls
south and east of the site. Property will remain between the land dedication
and Carters Mill Subdivision. This property lies within the boundaries of
the Southern and Western Area Plan which suggests rural conservation use.
It is anticipated that if the land dedication proposal is accepted, there will
be pressure to zone the remaining acreage for residential use, especially that
area between Carters Mill Subdivision and the dedicated parcel.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is
appropriate for single family residential use of 2.2 dwelling units per acre or less.
25 00SN0174/WP/FEB21G
Area Development Trends:
The area is characterized by single family residential development in Fawn Creek, Brandy
Oaks and Summerford Subdivisions and acreage parcels and public/semi-public uses
consisting of Spring Run Elementary School, Birkdale Golf Course and the Midlothian
Youth Soccer League soccer complex. The '~ Cre k Plan anticipates residential
development continuing north of Beach Road. South of Beach Road lies within the
boundaries of the Southern and Western Area Plan which suggests that development be
delayed until such time as adequate public facilities are available.
The Master Plan divides the property into several tracts of land (Textual Statement, A. 1 .).
A total of 959 units are proposed within the development (Proffered Condition 4). Tracts
A, E and F are proposed for development of cluster homes, condominiums and/or single
family residential uses, all of which are discussed in further detail herein. Each tract could
be developed for one or more of these uses. If any individual tract is developed for two
(2) or more dwelling types, the Textual Statement requires submission of a conceptual plan
to either the Planning Commission or Planning Department for approval. At the time of
review of a conceptual plan, conditions may be imposed to insure land use compatibility
and transition. (Textual Statement, A.3.)
Tract G could be developed for single family residential uses conforming, at a minimum,
to Residential (R-12) requirements. Tract G could also be developed for recreational uses
to serve the overall project. (Textual Statement, B.l.o) and B.2.j))
The remaining tracts (Tracts B, C, D, H and I) are proposed for single family residential
uses meeting, at a minimum, Residential (R-12) requirements. (Textual Statement, B.3.)
Dwelling Types:
As previously noted, several dwelling types are proposed. Where common areas are to
be provided within the development, the Textual Statement requires that the ownership and
maintenance responsibilities be established. (Textual Statement, A.2.)
Condominiums: (Tracts A, E and F)
For any condominium development, to include any part of a tract developed for such,
density would be limited to six (6) units per acre and would be regulated by the Virginia
Condominium Act. (Textual Statement, B. 1 lb) and c))
The number of dwelling un/ts in individual buildings within Tract E would be limited to
four (4) and in Tracts A and F, a maximum of ten (10) (Textual Statement, B. 1.a)). Other
restrictions address building height, architectural treatment, setbacks, provisions of
sidewalks, emergency access, buffers, recreational facilities, provision of a focal point as
26 00SN0174/WP/FEB21G
one enters the project, buffers, provisions of street trees and garage orientation. (Textual
Statement, B. 1.)
The requirements offered for condominium projects are consistent with those typically
required by the Commission and Board on similar projects recently approved with one (1)
exception. In most instances, in higher density residential developments, any Best
Management Practice (BMP) facility has been required to be designed as an amenity. The
Textual Statement and proffers do not address such requirement.
Cluster Homes: (Tracts A, E and F)
Cluster homes are proposed to be developed on individual lots having a minimum of 6,000
square feet. The density for any cluster development, to include any part of a tract
developed for such uses, would be limited to six (6) units per acre. Other restrictions
include architectural treatment, setbacks, provision of sidewalks, buffers, recreational
facilities, provision of a focal point as one enters the project, landscaping, provision of
street trees, paved driveways and garage orientation. (Textual Statement, B.2.)
With two (2) exceptions, requirements offered for cluster projects are consistent with those
typically required by the Commission and Board on similar recently approved projects.
The provisions fail to address BMPs as amenities (see discussion under Condominiums);
and fail to sufficiently minimize the number of garage doors oriented to roads.
With respect to garages in cluster development, the Textual Statement would allow forty
(40) percent of the units to have front entry garages (Textual Statement, B.2.k)). This
limitation could address concerns relative to the visual impact of garage doors facing the
street, if additional standards which address special design elements such as special
setbacks, the number of units adjacent to each other having garages facing the street, etc.,
were also included. Typically, where the Commission and Board have allowed garage
doors to face the street in higher density developments, such design features have been
required.
Single Family Residential: (Tracts A, B, C, D, E, F, G, H and I)
Single family residential uses would be permitted anywhere within the boundaries of the
development. Any single family residential uses would be required to be developed in
accordance with Zoning Ordinance requirements for Residential (R-12) Districts. The
minimum lot size would be 12,000 square feet. The Textual Statement provides for lots
within Tract D and adjacent to Summerford, Section A to have 20,000 square feet (Textual
Statement, B.3.b)). In comparison, lots in Summerford, Section A adjacent to Tract D
range in size from 21,132 to 41,275 square feet.
Any single family dwelling unit, except condominiums or clusters, would be required to
have mfl~imum floor areas: 1,700 square feet for one-story and 2,000 square feet for more
than one-story (Textual Statement, 3.a.). Since consideration of this case by the Planning
27 00SN0174/WP/FEB21 G
Commission, in response to concerns from the Summerford neighborhood, a proffered
condition has been submitted to address treatment of the exterior facades of dwelling units
adjacent to Summerford, Section A. (Proffered Condition 11)
The Textual Statement would require the recordation of restrictive covenants for any
residential development, other than cluster and condominium uses. It should be noted that
the County will only insure the recordation of the covenants and will not be responsible
for their enforcement. Once the covenants are recorded, they can be changed. (Textual
Statement, B.3.d))
Recreation Area:
The applicant has agreed to provide a minimum of 1.5 acres within or conveniently
accessible to each condominium and cluster home development, up to a maximum of ten
(10) acres for all condominium and cluster home developments within the entire project.
Within each 1.5 acre site, the applicant plans to provide a minimum 0.75 acre area, located
and positioned to provide a "focal point" as one enters the condominium or cluster home
development. Benches and other amenities are to be provided in a portion of this area to
facilitate outdoor gatherings. (Textual Statement, B. 1 .o) and 2.j)).
The applicant may also provide active and passive recreation areas within the development.
The Textual Statement provides for setbacks, buffers, and other restrictions to minimize
the impact of such recreational uses on surrounding residential uses. (Textual Statement,
B.3.c))
Within any condominium development, children's play facilities such as playground
equipment or other facilities primarily associated with children's play would be prohibited.
(Textual Statement, B. 1 .p))
CONCLUSIONS
The proposed zoning and land uses comply with the Upper Swift Creek Plan which suggests the
property is appropriate for single family residential use of 2.2 dwelling units per acre or less. The
density proposed by this application is 2.2 units per acre. With the Textual Statement and
proffered conditions, the proposed zoning and land uses are representative of, and compatible
with, existing and anticipated area development.
As stated herein, with respect to any cluster development, the application fails to address design
features to minimize the impact of garage doors facing the street. These elements have typically
been addressed on other projects having similar densities as to that proposed by this application.
With the exception of parks and recreational facilities, the proffered conditions adequately address
the impact of this development on necessary capital facilities, as outlined in the Zoning Ordinance
and the Comprehensive Plan. Specifically, the need for schools, parks, libraries, frre stations and
transportation improvements is identified in the County's adopted Public Facilities Plan and FY
28 00SN0174/WP/FEB21G
2001-2005 Capital Improvement Program and ~ and the impact of this
development is discussed herein (see "Public Facilities" and "Parks and Recreation" sections of
this "Request Analysis"). With the exception of parks and recreation facilities, the proffered
conditions adequately mitigate the impact on capital facilities, thereby insuring adequate service
levels are maintained and protecting the health, safety and welfare of County citizens.
Approval of this request is recommended subject to the applicant (1) addressing the impact of this
development on parks and recreation capital facilities thereby protecting the health, safety and
welfare of County citizens; and (2) concerns relating to design features of garage in cluster
developments. These concerns are addressed in detail in the appropriate sections of this "Request
Analysis."
CASE HISTORY
Planning Commission Meeting (1/18/00):
At the request of the applicant, the Commission deferred this case to February 15, 2000.
Staff (1/19/00):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than January 24, 2000, for consideration at the Commission's
February 15, 2000, public hearing.
The applicant was also advised that a $250.00 deferral fee was due.
Staff ( 1/24/00):
The applicant verbally advised that new information would be forthcoming the week of
January 31, 2000.
Applicant, Area Property Owners, Staff and the Matoaca District Supervisor (1/27/00):
A meeting was held to discuss the proposed development. Concerns were expressed
relative to the traffic impact on Hensley Road; the number of cluster housing units; the
overall quality of development; buffers along Hensley Road; the impact on the public
school system; the number of bedrooms in the cluster and townhouse units; the size of
dwelling traits; commercial uses along Hensley Road; drainage; extension of waterlines to
the area; construction traffic; and phasing of the development and road improvements.
29 00SN0174/WP/FEB21G
Applicant (2/4/00):
The deferral fee was paid.
Planning Commission Meet'mg (2/15/00):
On their own motion, the Commission deferred this case to April 24, 2000.
Staff (2/16/00):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than February 21, 2000, for consideration at the Commission's April
24, 2000, public hearing.
Applicant, Citizens, Staff and Matoaca District Supervisor and Planning Commissioner (2/24/00):
A meeting was held to discuss issues relative to the request. Concern related to density
and zoning compatibility; commercial development on Henstey Road; construction traffic;
houses backing up to, and setbacks from, Hensley Road; timing of road improvements;
buffers; architectural standards; uses; and development standards. It was agreed there
would be another meeting prior to the Planning Commission's April public hearing.
Staff (3/27/00):
To date, no additional information has been received nor have there been any additional
meetings with area residents. The applicant's representative has verbally indicated that a
deferral will be requested to allow additional time to finalize the proposal.
Ptarming Commission Meeting (4/24/00):
At the request of the applicant, the Commission deferred this case to June 20, 2000.
Staff (4/25/00):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than May 1, 2000, for consideration at the Commission's June 20,
2000, public hearing.
The applicant was also advised that a $250.00 deferral fee was due.
30 00SN0174/WP/FEB21G
Applicant (5/4/00):
The deferral fee was paid.
Staff (5/18/00):
To date, no new information has been received.
Planning Commission Meeting (6/20/00):
At the request of the applicant, the Commission deferred this case to August 15, 2000.
Staff (6/21/00):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than June 26, 2000, for consideration at the Commission's August
15, 2000, public hearing.
The applicant was also advised that a $150.00 deferral fee was due.
Applicant (7/5/00):
The deferral fee was paid.
Staff (7/19/00):
Revised proffers and Textual Statement were submitted.
Planning Commission Meeting (8/15/00):
At the request of the applicant, the Commission deferred this case to October 17, 2000.
31 00SN0174/WP/FEB21G
Staff (8/16/00):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than August 21, 2000, for consideration at the Commission's October
17, 2000, public hearing.
The applicant was also advised that a $150.00 deferral fee was due.
Applicam (8/18/00 and 8/24/00):
A revised Textual Statement and proffered conditions were submitted.
The deferral fee was paid.
Applicant (10/2/00):
A revised Textual Statement and proffered conditions were submitted.
Applicant (10/6/00):
A revised Textual Statement, Exhibit I and proffered conditions were submitted.
Planning Commission Meeting (10/17/00):
The Commission deferred this case to December 19, 2000; thirty (30) days at the request
of the applicant and thirty (30) days on their own motion.
Staff (10/18/00):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than October 23, 2000, for consideration at the Commission's
December 19, 2000, public hearing.
The applicant was also advised that a $150.00 deferral fee was due.
Applicant (10/23/00):
The applicant submitted a revised Textual Statement and proffers and a new Exhibit I.
32 00SN0174/WP/FEB21G
Applicant (10/31/00):
The deferral fee was paid.
Applicant (! 1/17/00):
Additional and revised proffered conditions were submitted.
Applicant (11/28/00 and 12/1/00):
At the request of staff, proffered conditions were revised.
Planning Commission Meeting (12/19/00):
The applicant did not accept the recommendation. The applicant agreed to modify
Proffered Condition 6. c) (ii) to increase the pavement width along Hensley Road between
proposed West Hensley Road and the "Future Road".
There was opposkion present. Concerns were expressed relative to the impact on the
school system; that the mount of land offered for park use is excessive; the impact on the
transportation system; and the valuation of the land area proposed for dedication.
Mr. Marsh indicated that given the size of the project, there would be an impact on the
transportation and school facilities. He indicated that the applicant had offered some key
road improvements; however additional improvements would be needed. He stated,
however, that the proposal complies with the Plan and offers quality assurances, consistent
with those of other area developments. He stated that the development would extend water
to surrounding properties; would be phased over a ten (10) to fifteen (15) year period; and
would provide needed park land that may not be affordable for purchase by the County in
the future. He stated the biggest questions are the true value of the land proposed for
dedication and the amount of road improvements needed to support the development.
Mr. Marsh offered the following statement to the Board of Supervisors:
"The true value of any property is what a qualified purchaser is willing to pay.
This case offers a large parcel of land to the County instead of full cash
proffers to off-set the impact to the County. Therefore, the Board of
Supervisors must weigh the value of this proffer package to determine if the
applicant has fully addressed the impact of this case on Chesterfield County."
Mr. Marsh made a motion for approval and acceptance of the proffered conditions on
pages 2 through 7.
33 00SN0174/WP/FEB21G
Mr. Litton seconded Mr. Marsh's motion. Mr. Litton indicated that the additional
widening offered by the applicant along Hensley Road was an improvement; a school site
is needed in the area; the development would extend water and sewer to surrounding
properties; and the proposal complies with the Plan.
Mr. Gecker stated the question of whether residential actually pays for itself is a Board
decision; however, the Commission is mandated by the Code of Virginia to plan to reduce
or prevent congestion in the public streets; to facilitate the creation of convenient,
attractive and harmonious community; to facilitate the provision of adequate police and fire
protection; to protect against the overcrowding of land, undue density of population in
relation to available community facilities and danger and congestion in transportation. He
stated that he did not believe the applicant has met the burden to convince him that this
case promotes those things that the Connnission is charged to promote. He stated it was
clear that transportation, fire and capital facilities concerns are not adequately met. He
questioned whether the density at this location, even with adequate proffers, would be
appropriate for this part of the County. He stated he also felt the proposed land dedication,
in the rural conservation ama, could foster development in a part of the County which does
not have adequate services. He stated, therefore, that he could not support the case.
He further stated that in his opinion even if the applicant had offered to address the impacts
consistent with the Board's policy given the density of the development, there would still
be a major impact on capital facilities. He stated that he was also concerned that
acceptance of the proposed dedication would foster development in the area designated for
rural conservation in the Southern and Western Area Plan.
Mr. Gulley indicated that he shared Mr. Gecker's concerns. He stated that acceptance of
land not contiguous to a zoning case would set a precedent; that he would prefer that the
County purchase the park land if it is needed; that the transportation impacts had not been
adequately addressed; and that he had concerns as to whether Swift Creek Reservoir could
provide sufficient water to the area in a drought situation.
Mr. Cunningham indicated that the proposal represents a Countywide growth issue. He
stated that development of the proposed dedication land would necessitate expenditure of
public funds; that the development would have an impact on fire and rescue services; that
area roads are curvy, winding with no shoulders; and that construction of a school on the
land area proposed for dedication could foster development in the rural conservation area.
He stated that he did feel that the applicant had addressed the impact of the development
on capital facilities consistent with the Board's policy.
A vote was taken on Mr. Marsh's motion for approval and acceptance of the proffered
conditions and it was as follows:
AYES: Messrs. Marsh and Litton
NAYS: Messrs. Gulley, Cunningham and Gecker
34 00SN0174/WP/FEB21G
The motion, therefore, failed due to a lack of majority.
On motion of Mr. Gecker, seconded by Mr. Cunningham, the Commission recommended
denial of this case.
AYES: Messrs. Gulley, Cunningham and Gecker
NAYS: Messrs. Marsh and Litton
Applicant (1/19/01 and 1/24/01):
The applicant submitted revisions to the proffered conditions and Master Plan. In general,
these proffers (1) reduce the amount of proposed land dedication from approximately 425
acres to approximately fifty (50) acres south of Beach Road; (2) eliminated dedication of
approximately five (5) acres adjacent to Spring Run Elementary School and hence revision
of the Master Plan to eliminate that tract (Tract 5) which resulted in necessary changes to
proffers referencing Tract 1; (3) expanded the pavement width for the reconstruction of
Hensley Road between proposed West Hensley Road and the "Future Road" from twenty-
two (22) feet to twenty-four (24) feet; (4) offered in addition to land dedication, cash to
off-set the impact on capital facilities; and (5) offered a proffer to address treatment of
facades of homes adjacent to Summerford, Section A.
Board of Supervisors' Meeting (1/24/01):
Staff reconunended that the Board remand this case to the Planning Commission to allow
evaluation of the revisions submitted on January 19 and 24, 2001.
The applicant requested deferral of this case.
It was the consensus of the Board to defer the request, rather than remand the case to the
Commission for reevaluation.
At the request of the applicant, the Board deferred this case to February 21, 2001.
Staff (1/25/01):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than January 30, 2001, for consideration at the Board's
February 21, 2001, public hearing. The applicant was also advised that a $250.00 deferral
fee was due.
35 00SN0174/WP/FEB21G
Applicant (1/25/01):
A revised proffered condition relating to the impact on capital facilities was submitted.
Applicant (2/1/01):
The $250.00 deferral fee was paid.
The Board of Supervisors, on Wednesday, February 21, 2001, beghming at 7:00 p.m., will take
under consideration this request.
36 00SN0174/WP/FEB21G
TEXTUAL STATEMENT
October 18, 2000
This is a request to rezone the entire Property to R-12 with a ConditiOnal Use
Planned Development (CUPD) that will permit development of a mixed use,
planned community including single family residences, condominiums and cluster
homes. Except as qualified herein, uses permitted in the Residential (R-12) District
and active and passive recreation uses shall be permitted throughout the property.
In addition, within the Tracts identified on Exhibit A (hereinafter referred to as
"the Master Plan"), the following uses, as more fully defined below, shall also be
permitted:
Tracts A, E, and F: Condominiums and Cluster Homes
General Requirements Applicable to All Uses
1. Master Plan. The Master Plan shows the general location and
approximate size of individual Tracts. The area of any Tract as shown
on the Master Plan may be increased or decreased by up to ten (10)
percent or up to one (1) acre, whichever is greater, with corresponding
adjustments in the area of other Tracts.
2. Common Areas. Common areas and ownership of property shall be
regulated by Section 19-105(n) of the County Zoning Ordinance.
3. Mixing of Uses. Within each individual Tract, there shall be no
"mixing" of uses (e.g., if Tract A is to be developed for condominiums,
all of Tract A shall be developed as condominiums, or if Tract A is
developed for Residential (R-12) uses, all of Tract A shall be developed
for Residential (R-12) uses). Provided, however, the mixing of uses
may be permitted if a conceptual plan is submitted for review and
approval and the conceptual plan addresses land use transitions and
compatibility between uses within the Tract itself as well as with
adjacent tracts. Land use compatibility and transitions may include,
but not necessarily be limited to, the exact location of uses, buffers,
and site design. Such conceptual plan shall be approved by either the
Planning Department or the Planning Commission, at the election of
the developer, and such review shall be subject to appeal in accordance
with sections 19-268(d) and 19-269(e) of the County Code.
B. Requirements for Specific Uses
1. Condominiums
Within Tracts A, E, and F condominiums meeting the following
requirements ("Condominiums"), rather than the requirements of the R-12 Zoning
District, shall be permitted:
a) Number of Units Per Building. Within Tract E, no more than four (4)
dwelling units shall be permitted in any one building. Within Tracts A
and F, no more than ten (10) dwelling units shall be permitted in any
one building;
b) . Virginia Condominium Act. Dwelling units shall be condominiums as
defined and regulated by the Virginia Condominium Act;
c) DensiW. The overall density within each tract or part of a tract shall
not exceed six (6) dwelling units per gross acre;
2
a)
e)
h)
i)
J)
k)
Lot Coverage. All buildings, including accessory buildings, shall not
cover more than forty (40) percent of the Tract or area devoted to the
condominium development;
Building Height. The maximum height of all buildings and structures
shall be three (3) stories or forty (40) feet, whichever is less;
Architectural Appearance. The architectural appearance and
materials of buildings containing not more than four (4) units shall be
similar to the elevations attached as Exhibits B and C, and employ the
following materials: brick veneer, composition siding and 20 year
asphalt shingles, or shall be of at least similar quality, as determined
by the Planning Commission at time of site plan review. The
architectural appearance and materials of buildings containing more
than four (4) units shall be similar to the elevations attached hereto as
Exhibits D, E, and F, or shall be of similar quality as determined by
the Planning Commission at time of site plan review;
Building Setbacks from Roads and Driveways. All structures shall be
set back a minimum often (10) feet from roads and driveways except
as provided in paragraph (s); provided that no setback shall be
required from driveways that serve garages or parking spaces of
individual dwelling units and do not provide general circulation within
the condominium development ("Individual Driveways");
Building Setbacks from Perimeter of Tract. All structures shall be
setback a minimum of fifty (50) feet from the perimeter of the Tract or
from the perimeter of the area devoted to condominium development;
Distance Between Buildings. The minimum distance between
buildings shall be thirty (30) feet;
Driveway and Parking Setbacks. Except as provided in paragraph (s),
all driveways and parking areas shall be setback a minimum of fifteen
(15) feet from the right-of-way of any existing or proposed right-of-way
except that the setback adjacent ~o Hensley Road or any collector road
external to the condominium development shall be fifty (50) feet;
Sidewalks. Sidewalks shall be provided that facilitate pedestrian
access within the Tract, to the recreational areas in the Tract, and to
the overall development. The exact location and design of the
sidewalks shall be determined by the County at the time of site plan
revie~v; provided, however, that, unless otherwise approved by the
Planning Commission at time of site plan approval upon a
determination that an alternative system will accomplish the spirit
and intent of this requirement, sidewalks shall be installed on those
3
m)
n)
o)
portions of both sides of all roads that have condominiums fronting the
road, but not along Individual Driveways;
Curb and Gutter. Roads, driveways (with the exception of Individual
Driveways), and parking areas shall have concrete curbs and gutters
unless it is determined at the time of site plan review that the curbs
and gutters are not necessary to effect proper drainage or to control
traffic;
Driveway Widths. Unless otherwise approved by the Planning
Commission at time of site plan review upon a determination that a
lesser driveway width will provide adequate access, driveways shall
have a minimum pavement width of twenty four (24) feet, provided
that driveways that provide the primary access directly to a public
road shall have a minimum pavement width of thirty (30) feet, and
Individual Driveways serving not more than four (4) dwelhngs shall
have a minimum pavement width of seventeen (17) feet;
Emergency Access. A second road access shall be provided from any
Condominium development to a public road prior to occupancy of more
than fifty (50) units. Subject to approval at the time of site plan
review, such second access may be designed and constructed to
accommodate traffic only in an emergency situation, provided that
such emergency access will facilitate emergency traffic movements as
adequately as a public road access;
Recreation Area. A minimum of 1.5 acres included within, or
conveniently accessible to, each condominium development shall be
provided for suitable active and passive outdoor recreational use by the
occupants. A minimum of 0.75 acres of this 1.5 acre open
space/recreation area shall be located and positioned to provide a "focal
point" as one enters each condominium development. Part of this area
shall be "hardscaped' and have benches and other amenities that
accommodate and facilitate outdoor gatherings. This area shall be
developed concurrently with the development of the first phase of each
condominium development, and its exact design and location shall be
approved at the time of site plan review. If at least ten (10) percent of
the area of each condominium development is not provided within that
development for suitable active and passive recreation, then the
remaining acreage shall be provided in Tract G; provided that no more
than a total of ten(10) acres of active and passive recreation area shall
be required for all condominium and cluster developments within the
entire Property;
p)
r)
s)
t)
u)
Restriction on Children's Play Facilities. The common area
recreational amenities shall not include playground equipment, play
fields or other facilities primarily associated with children's play.
Adult facilities including, but not limited to, swimming pools, putting
greens or shuffleboard may be permitted;
Street Trees. Street trees shall be planted or retained along each side
of roads and driveways except for Individual Driveways. The exact
spacing, species and size shall be approved at the time of site plan
review. Generally, however, the street trees shall be placed between
the road and any adjacent sidewalk;
Landscaping. 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(i). 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 exact number, spacing,
arrangement and species shall be approved at the time of site plan
review;
Buffers. A fifty (50) foot buffer shall be maintained adjacent to
Hensley Road and any other public road which is a major arterial, and
a thirty-five (35) foot buffer shall be maintained adjacent to any public
road that is an internal collector road. At the time of site plan review,
the width of this buffer may be modified if it is determined that
adequate landscaping or other treatment to minimize the impact of
adjacent roads on residences can be accomplished in a lesser width.
The exact treatment of the buffer area shall be approved at the time of
site plan review. This buffer area shall be maintained as common
open space; and
Garages. All dwellings that provide a garage shall employ side or rear
entry garage designs except that front entry garages may be permitted
if the Planning Commission determines at time of site plan review
that, based on the design of individual units, front entry garages would
not have an adverse effect on the streetscape.
Storm Water Management Facilities or BMPs. Any open basins
required for water quantity or quality control that are visible from
public roads or from residences shall be landscaped or otherwise
improved so that the facilities become visual enhancements to, and
amenities for, the uses developed within the condominium
development, At the time of site plan review, a plan depicting this
requirement shall be submitted to the Planning and Environmental
Engineering Departments for review and approval.
2. Cluster Homes
Within Tracts A, E, and F, single family detached cluster homes meeting the
following requirements ("Cluster Homes"), rather than the requirements of
the R-12 Zoning District, shall be permitted:
a)
Lot Size. The minimum lot size shall be as follows: a fifty (50) foot
minimum lot width; and a six thousand (6,000) square foot minimum
lot area;
Density. The overall density within each tract or part of a tract
containing cluster homes shall not exceed six (6) units per gross acre;
c)
Architectural Appearance. The architectural appearance and
materials of cluster homes shall be similar to the elevations attached
as Exhibits G and H, which depict vinyl siding and twenty year
fiberglass shingles, or shall be of at least similar quality, as
determined by the Planning Commission;
d)
Front, Corner Side and Rear Yards. For principal structures, front,
corner side and rear yards shall have a minimum depth of twenty-five
(25) feet. Accessory structures shall have a twenty-five (25) foot front
yard setback but no rear yard setback;
e)
Side Yards. Principal structures shall be located no more than five (5)
feet from one side property line, no less than ten (10) feet from the
opposite side property line, and among every group of three (3)
adjacent dwellings fronting on the same street there shall be a
minimum of twenty (20) feet of space between at least two (2) of them;
provided, however, that, if the overall intent of providing visual
separation and clustering is achieved for the cluster home
development, the Planning Commission, at time of tentative
subdivision review, may approve exceptions to these side yard
requirements. Accessory structures shall have no side yard setback;
Sidewalks. Sidewalks shall be provided that facilitate pedestrian
access within the Tract, to the recreational areas in the Tract, and to
the overall development. The exact location and design of the
h)
i)
J)
sidewalks shall be deter~nined by the County at the time of tentative
subdivision review; provided, however, that, unless otherwise
approved by the Planning Commission at time of subdivision review
upon a determination that an alternative system will accomplish the
spirit and intent of this requirement, sidewalks shall be installed on
those portions of both sides of all roads that have cluster homes
fronting on the road;
Buffers. A fifty (50) foot buffer shall be maintained adjacent to
Hensley Road and any other public road which is a major arterial, and
a thirty-five (35) foot buffer shall be maintained adjacent to any public
road that is an internal collector road. At the time of tentative
subdivision review, the width of this buffer may be modified if it is
determined that adequate landscaping or other treatment to minimize
the impact of adjacent roads on residences can be accomplished in a
lesser width. The exact treatment of the buffer area shall be approved
at the time of tentative subdivision review. This buffer area shall be
maintained as common open space;
Paved Driveways. All dwelling units shall have paved driveways. The
exact treatment shall be approved at the time of tentative subdivision
plan review;
Landscaping. 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 exact number, spacing,
arrangement and species shall be approved by the Planning
Department prior to issuance of any building permit;
Recreation Area. A minimum of 1.5 acres included within, or
conveniently accessible to, each cluster home development shall be
provided for suitable active and passive outdoor recreational use by the
occupants. A minimum of 0.75 acres of this 1.5 acre open
space/recreation area shall be located and positioned to provide a "focal
point" as one enters each cluster home development. Part of this area
shall be "hardscaped" and have benches and other amenities that
accommodate and facilitate outdoor gatherings. This area shall be
developed concurrently with the development of the first phase of each
cluster home development, and its exact design and location shall be
approved at the time of tentative subdivision review. If at least ten
k)
(10) percent of the area of each cluster home development is not
provided within that development for suitable active and passive
recreation, then the remaining acreage shall be provided in Tract G;
provided that no more than a total often (10) acres of active and
passive recreation area shall be required for all condominium and
cluster developments within the entire Property;
Garages. A minimum of sixty (60) percent of all dwellings that provide
a garage shall employ side or rear entry garage designs, except that
additional front entry garages may be permitted if the Planning
Commission determines that, based on the design of individual units,
front entry garages would not have an adverse effect on the
streetscape.
Storm Water Management Facilities or BMPs. Any open basins
required for water quantity or quality control that are visible from
pubhc roads or from residences shall be landscaped or otherwise
improved so that the facilities become visual enhancements to, and
amenities for, the uses developed within the cluster home
development. At the time of tentative subdivision review, a plan
depicting this requirement shall be submitted to the Planning and
Environmental Engineering Departments for revie~v and approval.
Residential (R-12)
All dwellings other than Condominiums and Cluster Homes shall meet the
requirements of the Residential (R-12) District as well as the following
requirements:
a) Minimum Square Footage for Single Family Dwellings. With the
exception of Cluster Homes or Condominiums and for those dwellings
delineated in paragraph (b) below, the minimum gross floor area for
single family detached homes shall be as follows:
1 story 1,700 square feet;
More than 1 story 2,000 square feet;
8
b)
Minimum Lot Size Within Tract D. Within Tract D, all lots adjacent to
Section A of Summerford subdivision shall have a minimum lot size of
20,000 square feet.
Recreation Areas. At the election of the developer, active and passive
recreation areas may be provided. Such recreation areas shall be
subject to the following requirements:
(i) With the exception of playground areas which accommodate
'swings, jungle gyms, or similar facilities and tennis courts,
all outdoor play fields, swimming pools and similar active
recreational areas shall be located a minimum of one
hundred (100) feet from adjacent properties zoned or
designated on the County's Comprehensive Plan for
residential use, a minimum of one hundred (100) feet from
any existing or proposed single family residential lot line,
and a minimum of fifty (50) feet from any existing or
proposed road;
(ii) Within the one hundred (100) and fifty (50) foot setbacks, a
fifty (50) foot buffer shall be provided along the perimeter of
all active recreational facilities except where adjacent to any
existing or proposed road. This buffer shall conform to the
requirements of Section 19-521 (a) through (h) and 19-
522(a)(2) of the Zoning Ordinance for fifty (50) foot buffers;
(iii) Any playground areas (i.e. areas accommodating swings,
jungle gyms or similar such facilities) and tennis courts shall
be located a minimum of forty (40) feet from all property
lines. A forty (40) foot buffer shall be provided along the
perimeter of these recreational facilities except where
adjacent to any existing or proposed roads. This buffer shall
conform to the requirements of Sections 19-521 (a) through
(h) and 19-522(a)(2) of the Zoning Ordinance for fifty (50) foot
buffers.
(iv) Nothing within this condition shall prevent development of
indoor facilities and/or parking within the one hundred (100)
foot setback;
(v) There shall be no outside public address system or speakers;
(vi) Exterior lighting for recreational uses shall comply with
Section 19-573 of the Zoning Ordinance, and the maximum
height for light posts shall not exceed twenty (20) feet.
9
d)
(vii)
(viii)
The location of all active recreational uses shall be identified
in conjunction with the submittal of the first tentative
subdivision plan;
In conjunction with the recordation of any lot adjacent to
active recreational area(s), such area(s) shall be identified on
the record plat along with the proposed recreational uses and
required conditions;
Covenants. For all properties containing single family detached dwellings
(except Cluster Homes and Condominiums), the following Declaration of
Restrictions shah be recorded in conjunction with the recordation of any
subdivision plat:
THE OWNERS do hereby declare that said property is to be held, owned,
conveyed, used and occupied subject to the following restrictive covenants:
(i)
An Architectural Review Committee, hereinafter called "ARC~' shall
be comprised of Douglas R. Sowers, his heirs, personal
representatives, successors, and assigns, any of which may act. The
ARC shall coordinate each residence and lot and shall establish
reasonable rules and regulations relating to the procedure for
architectural approvals and general guidelines for architectural
plans according to the following architectural guidelines:
(a)
For those lots that are adjacent to Section A of
Summerford subdivision, the architectural standards
contained in Article IV of The Summerford Standards,
dated 1989 and prepared by Nicholson and Greene shall
govern,
Co)
For all lots except those specified in paragraph (a), the
following architectural guidelines will apply:
All plans to be approved prior to commencement of
construction on each lot. House location to be
approved prior to construction.
Roof
Minimum 7/12 pitch
Minimum 12" overhang
No uncolored galvanized flashing
10
Foundation
Brick foundations
Brick or stone on chimney chases
Dwelling
Main body of house to be a minimum of 30
feet in width
No single story homes adjacent to each other
Stoops and walks
Brick stoops or painted fir (no salt treated
stoops except when approved by ARC)
Minimum 40 sq. ft.
Concrete sidewalks
Painted lattice under front porches - painted
risers on steps, painted pickets and painted
band on front porches
Siding
Panel shutters on front windows
Minimum 1 x 6 rake and facia boards
No T1-11 siding
Landscaping
$300 allowance for shrubs
White painted mailbox and lamp post
consistent throughout
subdivision
Builder to leave as many trees as possible
over 6 inches at the base
Base
3 color exterior paint except for 2 colors if
painted white
Satellite Dishes and swimming pool design, location and screening'
be approved prior to installation.
11
ii)
iii)
iv)
The ARC reserves the right to modify the above restrictions or any other
imposed deed restrictions in all or in part without notice. In addition, th,
ARC reserves the right to make special exceptions to these conditions on
individual basis; however, any special exception(s) shall not be deemed 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.
The ARC shall not be liable to any Owner or to any other person
on account of any claim, liability, damage, or expense suffered or
incurred by or threatened against an Owner or such other
person arising out of or in any way relating to the subject matter
of any review, acceptances, inspections, permissions, consents,
or required approvals which must be obtained from the ARC
whether given, granted or withheld.
repairs, changes in color, excavations, changes in grade, major
landscaping, or other work which in any way alters the exterior
appearance of any Lot or improvement located thereon from its
natural or improved state existing on the date such Lot was first
conveyed in fee by Douglas R. Sowers to an owner (including
clearance of trees and vegetation, driveways, entrance ways,
fences, mailboxes, and lamp post structures), shall be made or
done until the plans, specifications, working drawings, and
proposals for the same showing the nature, kind, shape, type,
color, materials, and location of the improvements on the Lot
and a landscaping plan shall have been submitted to and
approved in writing as to harmony of external design and
location in relations to surrounding structures, topography, and
applicable governmental requirements by the ARC.
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 light, telephone
or any other utility to the property.
Lots shall be occupied and used as follows:
a)
Lots shall be used for private residential purposes
only and no building of any kind whatsoever shall
be erected or maintained thereon except for:
12
v)
vi)
vii)
viii)
Lx)
One private dwelling house with each
dwelling being designated for occupancy by a
single family.
(2)
Private garages for the sole use of the
respective owners of the Lots upon which
such garages are erected.
b)
A single building for the storage of non-commercial
vehicles, boats, equipment, and tools used in
maintenance of the Lot upon which erected.
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.
No structure of a temporary character, trailer, basement,
tent, shack, garage, barn, or other outbuilding shall be
used on any Lot at any time as a residence either
temporarily or permanently.
The construction of any structure on a Lot shall be
completed within a period of nine (9) 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.
It is the responsibility of each Owner to prevent the
development of any unclean, unsightly, or unkempt
condition of buildings or grounds on his Lot. All
improvements on each Lot shall be kept in good repair,
and, where necessary, painted on a regular basis. No
portion of the property shall be used or maintained as a
dumping ground for rubbish. Outdoor burning of leaves,
trash, or other debris shall not be permitted. All trash,
garbage, and other waste shall be kept in sanitary
containers which shall be surrounded by wooden
screening with such screening being approved by the
ARC, or otherwise out of sight from the street.
No nuisance or offensive activity shall be permitted or
maintained upon any Lot, nor shall any poultry, hogs,
rabbits, cattle, or other livestock be kept thereon with the
13
x)
×i)
xii)
xiii)
exception of dogs, cats, or other normal household animals
kept as pets 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
premises, nor constitute a nuisance in the opinion of the
ARC, its successors or assigns. No use shall be made of
any Lot which will depreciate or adversely affect the
surrounding Lots or the property.
Each residence constructed on a Lot shall be connected to
a public sewer.
No Lot shall be further subdivided without prior written
consent of the ARC. However, the developer hereby
expressly reserves for itself, its successors, and assigns,
the right to re-subdivide any Lot or Lots shown on any
recorded plan of subdivision of the property prior to the
delivery of a deed to said Lot or Lots without the prior
written consent of any Lot Owner.
Except for emergencies, which emergencies must be
proven to the satisfaction of the ARC, no trees with a
diameter of six (6) inches or more, measured two (2) feet
from the ground, flowering trees, shrubs, or evergreens
may be cleared from any Lot without prior written
permission of the ARC. In the event a Lot Owner violates
this covenant, the Lot Owner will be fined $25.00 per inch
for every such tree removed and it shall be assumed that
each tree had a diameter of twelve (12) inches.
No commercially licensed vehicles, motor vehicles,
recreational vehicles, boats, disabled vehicles, vehicles
without a current state license or state inspection sticker,
machinery, or other equipment shah be visible from the
street for a period exceeding twenty-four (24) hours. Any
screening of such vehicles must be approved by the ARC.
This covenant shall not apply to vehicles and equipment.
used in connection with construction upon Lots, while
such construction is in progress, or in connection with the
development of the property. It shall be the
responsibility of each Owner to construct and maintain
suitable and adequate parking space on his Lot and all
vehicles shall be parked thereon.
14
xiv)
xv)
xvi)
xvii)
xviii)
xix)
xx)
The operation of unlicensed motor bikes, ATV's, and
motorcycles on the lots and entrance area shall be subject
to regulation by the Owners and may be prohibited
entirely.
No external illumination on any Lot shall be of such a
character or intensity or so located as to interfere with
any other Owner's use or enjoyment of his Lot. No neon
or flashing lights shall be permitted. All external lighting
must be approved as to size and intensity by the ARC.
Except during construction, no signs of any kind shall be
displayed to the public view on any lot except:
a)
One sign not exceeding four (4) square feet in areas
used for the purpose of advertising the Lot for sale
or rent: and
b) One sign not exceeding four (4) square feet in areas
which identify the resident occupying the Lot, the
name of the Lot, or both.
No temporary, portable, or above-ground swimming pools
may be erected on any Lot that will be visible from the
street.
No outside antennas, television or otherwise, shall be
permitted; provided, however, that until cable television
becomes available to the property, exterior television
antennas shall be permitted, provided that they do not
extend more than five (5) feet past the roof line of any
dwelling. No satellite dishes shall be visible from the
street.
No construction shall be permitted without appropriate
erosion control so as to prevent the discharge of any soil
or other materials onto any other Lot or Common Area.
The ARC may establish reasonable rules and regulations
establishing a maximum percentage of any Lot which
may be covered by a building, driveway, or other
structure
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 exterior setback line, but in
15
xxi)
xxii)
xxiii)
xxiv)
xxv)
no case shall it extend further forward than the rear of
the house except with the approval of the ARC.
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, on any roadway.
No lot owner shall disturb or siltate shoulder, backslopes,
ditches, pavement, curb and gutter, driveway culverts, or
any other improvements within the public right~oLway.
Each Lot Owner agrees to be responsible for disturbances,
damages, and/or siltation caused by themselves, their
employees, suppliers, contractors, or others, and shall
have fourteen (14) days from the receipt of a letter from
the developer and/or the ARC to correct the damage. If a
Lot Owner fails to correct the damage in a workmanlike
manner, then the developer or its assigns shall have the
right to correct the damage and bill the Lot Owner
directly on a cost-plus-fifty-percent (50%) basis. If a Lot
Owner does not make payment within thirty (30) days of
presentation of the bill, a two percent (2%) per month
service charge shall be applied to such bill.
Any one or more of the Covenants and Restrictions
imposed in Paragraphs a through v hereof may be waived,
modified, or rescinded, in whole or in part, as to all of the
property or any Lot, by written instrument of the ARC.
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.
Each and every covenant and condition herein imposed
may be enforced by the undersigned or the owner of any
Lot by appropriate proceedings at law or in equity against
any party violating or attempting or threatening to
violate the same to prevent or rectify such violation
and/or recover damages therefore. The failure of an
owner or the undersigned to bring any such proceeding
shall not be considered as a waiver of any rights at law or
in equity that any such party may have for past or future
violation of any covenant herein contained
16
xxvi)
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 fl'om the date
these covenants are recorded, after which time said
covenants shall be automatically extended for successive
periods often (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.
#278365 vl 19140.01910
17
A
A
N
R-12
0 1200 Feet
R-25
00SN0174
Rezoning: A TO R-12 W/C.U.P.D.
Sheet Cf: 23
00SN0174--1
DEDICATED PROPERTY
EXHIBIT T
00SN0'174-2
PROPOSED MASTER
EXHIBIT A
0174-3
Thoroughfare Plan
OOSNO 174.-4
Thoroughfare Plan
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/
/
N
00SN00174-5
Traffic Shed
00SN0174-6
00SN0174-7
00SN0174-8
00SN0174-9
00SN0174-10
V
.~ i 00SN0174-11
Elevation A --
00SN0174-12
Elevation A
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Elevation B
00SN0174-13