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07SN0359
~~tF~EI,p ~~:, ~~ti --~ ca~~'';. .v ~ ~ e,~ !' ~ ~~ ~ti, I rY~ ry ! ~;li ,~~~ t, -17 ~. J/i Ir~RGSI~1.P!!~ STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 07SN0359 (AMENDED) M&K Developers c~~~ ti~ ~nnQ rnr October 22, 2008 BS Matoaca Magisterial District Grange Hall Elementary; Swift Creek Middle; and Cosby High Schools Attendance Zones Northeast quadrant of Genito Road and VVeatherbury Place RE VESTS: I. Rezoning from Agricultural (A) and Residential (R-40) to Residential (R- 15) of 26.8 acres. II. Conditional Use to permit a business (special events) incidental to a dwelling unit on 3.4 acres of this 26.8-acre tract. PROPOSED LAND USE: A single-family residential subdivision with a minimum lot size of 15,000 square feet is planned. The applicant has agreed to limit development to no more than thirty-seven (3 7) lots, yielding a density of approximately 1.4 lots per acre (Proffered Condition 2). In addition, temporary continuation of a special events business which has been in operation since 1997 is intended. PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL OF REZONING AND APPROVAL OF CONDITIONAL USE SUBJECT TO THE CONDITIONS ON PAGES 5 AND 6. AYES: MESSRS. BASS, BROwN, HASSEN AND VVALLER. ABSENT: MR. GULLEY. Providing a FIRST CHOICE community through excellence in public service STAFF RECOMMENDATION RE VEST I: Recommend denial for the following reason: while the proposed zoning and land uses conform to the Upper Swift Creek Plan, which suggests the property is appropriate for residential use of 2.0 units per acre or less, the proposal fails to adequately address the impact of the development on area roads and includes an illegal proffered condition which cannot be accepted, as discussed herein. RE VEST II: Recommend approval of the Special Events Business if, after consideration of public input, the Commission and Board determine that continuation of the use will not adversely impact the area, subject to the recommended conditions and that Proffered Condition 11 not be accepted. (NOTE: CONDITIONS MAY BE IMPOSED ON THE CONDITIONAL USE PORTION OF THIS REQUEST OR THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS ON THE WHOLE OF THE REQUEST.) PROFFERED CONDITIONS 1. In addition to the Transportation Contribution in Proffered Condition 14, the applicant, subdivider, or assignee(s) shall pay the following, for infrastructure improvements within the service district for the property, to the county of Chesterfield prior to the issuance of building permit: A. If paid prior to July 1, 2009, $7,613.00 per dwelling unit. At time of payment $7,613.00 will be allocated pro-rata among the facility costs as follows: $6,149.00 for schools, $853.00 for parks and recreation, $192.00 for library facilities, and $419.00 for fire stations; or B. The amount approved by the Board of Supervisors not to exceed $7,613.00.00 per dwelling unit adjusted upward by any increase in the Marshall and Swift building cost index between July 1, 2008, and July 1 of the fiscal year in which the payment is made. C. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. D. Should any impact fees be imposed by the County of Chesterfield at any time during the life of the development that are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited toward, but not be in addition to, any impact fees, in a manner determined by the County. (B&M) 2. The maximum density of this development shall not exceed thirty-seven (37) lots. ~P) 2 07SN0359-OCT22-BOS-RPT 3. Storm water Management: The developer acknowledges that, if the water quality of the Swift Creek Reservoir has reached a median level that exceeds .03 5 mg/l in-lake phosphorus or otherwise degrades to an unacceptable level, the County may adopt phosphorus loading standards that are more restrictive than the standards applicable on the date on which the Board of Supervisors approves this rezoning request. To mitigate the impact of this development on the water quality of the Swift Creek Reservoir and the Upper Swift Creek Watershed, and consistent with the County's duty to exercise its police powers to protect the County's water supply, the Developer and his assignees agree that the phosphorous loading standards of the Zoning Ordinance, any water quality or storm water management standards adopted by the County to mitigate the impact of development on the water quality of the Reservoir, and any water quality standards required by the state or federal governments that are applicable to any undeveloped portion of the Property shall be those standards that are in effect at the time of subdivision plan approval. All substantially approvable construction plans in the department of Environmental Engineering that have complied with the submittal criteria for review shall not be affected. (EE) 4. Direct vehicular access from the property to Genito Road shall be limited to one (1) public road. The exact location of this access shall be approved by the Transportation Department. (T) 5. A stub road shall be provided to the properties to the east otherwise known as Tax ID 712-688-4372 and/or 712-689-3422. (T) 6. Within ninety (90) days of the date the Board of Supervisors approves this case, forty-five (45) feet ofright-of way along the north side of Genito Road, measured from the approved revised centerline of that part of the roadway immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 7. To provide an adequate roadway system, the developer shall be responsible for the following improvements: A. Construction of additional pavement along Genito Road at the approved access to provide a left and a right turn lane, if warranted, based on Transportation Department standards. B. Widening/improving the north side of Genito Road to an eleven (11) foot wide travel lane, measured from the existing centerline of the road, with an additional one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved shoulder, and overlaying the full width of the road with one and a half (1.5) inch of compacted bituminous asphalt concrete, with any modifications approved by the Transportation Department, for the entire property frontage. C. Dedication to Chesterfield County, free and unrestricted, any additional right-of way (or easements) required for the improvements identified 3 07SN0359-OCT22-BOS-RPT above. In the event the developer is unable to acquire any "off site" right- of way that is necessary for any improvement described in Proffered Condition 7, the developer may request, in writing, that the County acquire such right-of way as a public road improvement. All costs associated with the acquisition of the right-of way shall be borne by the developer. In the event the County chooses not to assist the developer in acquisition of the "off site" right-of way, the developer shall be relieved of the obligation to acquire the "off site" right-of way and shall provide the road improvements within available right-of way, as determined by the Transportation Department. (T) 8. Prior to any construction plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 7, shall be submitted to and approved by the Transportation Department. (T) 9. Except as noted in Proffered Condition #12, the minimum gross floor area for dwelling units shall be 2,000 square feet. (BI & P) 10. All exposed portions of the foundation and exposed piers supporting front porches of each dwelling unit shall be faced with brick, decorative masonry or stone veneer or exterior insulation and finishing systems (EIFS) materials. (BI & P) 1 1. The Conditional Use 02AR0212 shall be permitted to remain in place until such time that any construction bonds are placed on the property. (P) 12. With the exception of the realignment of the intersection of Weatherbury Place and Genito Road, Weatherbury Place shall not be relocated. Any lots which adjoin Weatherbury Place shall conform to Residential (R-25) standards and any dwelling unit on such lot shall have a minimum gross floor area of 3,000 square feet. All other lots shall have a minimum lot area of 25,000 gross square feet with the exception of one lot which shall be permitted to be a minimum of 20,000 square feet and shall be located on Tax ID 712-689-1950. (P) 13. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) 14. Transportation Contribution. A. The paving and ditch improvements as shown on Exhibit A shall be completed, as determined by the Transportation Department, prior to the recordation of any lots on the following Tax ID's 711-688-3114, 711-688- 7172, 711-689-153 1, 711-689-2247, 711-689-2465, 711-692-2160, 712- 688-4372, 712-689-1950, 712-689-3422, 712-689-6214, 712-689-7342, 712-689-8374, 713-689-3525, 713-691-1673, 713-691-8928, 714-690- 1660. 4 07SN0359-OCT22-BOS-RPT B. The applicant, his successor(s), or assignee(s) (the "Applicant") shall comply with the obligations of Proffered Condition 1 and 14.A., and shall pay to the County of Chesterfield at time of recordation $6,988.00 per lot. If this amount is paid after June 30, 2009, the amount paid shall be adjusted upward annually by the percentage increase in the Marshall and Swift Building Cost Index. In the event that the improvements shown on Exhibit A are completed by others, as determined by the Transportation Department, then the applicant, his successor(s), or assignee(s) (the "Applicant") shall comply with the obligations of Proffered Condition 1., and shall pay to the County of Chesterfield at time of recordation $10,467.00 per lot. If this amount is paid after June 30, 2009, the amount paid shall be adjusted upward annually by the percentage increase in the Marshall and Swift Building Cost Index. C. If, upon the mutual agreement of the applicant, his successor(s), or assignee(s) (the "Applicant") and the Transportation Department, the applicant provides additional road improvements, other than the road improvements identified in proffered conditions 7 and 14.A., then the transportation contribution in this Proffered Condition shall be reduced by an amount equal to the cost to construct the Improvements. Thereafter, the Applicant shall pay the balance of the transportation contribution as set forth in this Proffered Condition. For the purposes of this proffer, the costs, as approved by the Transportation Department, shall include, but not be limited to, the cost of right-of way acquisition, engineering costs, wetlands permitting and mitigation, costs of relocating utilities and actual costs of construction (including labor, materials, and overhead) ("Work"). Before any Work is performed, the Applicant shall receive prior written approval by the Transportation Department for any credit. However, under no circumstances shall the Applicant be required to expend any amount for transportation contributions and/or the cost of improvements pursuant to Proffered Condition 14 in excess of the total amount stated herein. (T) CONDITIONS -FOR THE CONDITIONAL USE 1. This Conditional Use shall be granted to and for Steven King, exclusively, and shall not be transferable or run with the land. Such Conditional use would only be allowed until such time that any construction bonds are placed on the property. (P) 2. This Conditional Use shall be limited to the operation of a special events business. (P) 3. There shall be no additions or alterations to the exterior of the structure to P accommo ate t is use. ( ) 5 07SN0359-OCT22-BOS-RPT 4. One (1) freestanding sign, a maximum of six (6) square feet in area, shall be permitted to identify this use. (P) 5. The days and hours which the special events business may be opened to the public and number of on-site special events shall be as follows: a. Fridays between 8:00 a.m. and 11:00 p.m.; b. Saturdays between 10:00 a.m. and 11:00 p.m.; c. From December 1 through December 31 events may be held during the week from 4:00 p.m. until 11:00 p.m. except December 31 when the hours may extend until 1:00 a.m.; d. There shall be a maximum of six (6) Sunday events per calendar year. Sunday events shall be limited to between the hours of 10:00 a. m. and 11:00 p. m. e. A maximum of fifty (50) events per year shall be allowed. (P) 6. There shall be no deliveries to the property before 9:00 a.m. or after 6:00 p.m. Deliveries shall be restricted to Friday and Saturday only. (P) 7. Amplified sound equipment shall not exceed a noise level 50 dB(A), as measured at the boundaries of Tax IDs 711-688-3114 and 7172; and 712-689-1950, except the shared boundaries of these properties. Within sixty (60) days of approval of this request, information shall be submitted to the Planning Department for their review and approval to confirm compliance with this condition. (P) 8. Any freestanding lighting shall not exceed twenty (20) feet in height. (P) 9. Attendance at special events shall be restricted to a maximum of 275 guests at any one (1) time. (P) 10. A minimum of one (1) security officer for each one hundred (100) persons shall be provided at all special events to direct traffic in and out of the property and to monitor the lawful conduct of guests attending the event. (P) (Note: These conditions supersede Proffered Condition 11 as submitted with this request.) GENERAL INFORMATION T,ncati~n~ Northeast quadrant of Genito Road and Weatherbury Place. Tax IDs 711-688-3114 and 7172; and 712-689-1950. Existin.~g: A with Special Exception and R-40 6 07SN0359-OCT22-BOS-RPT Size: 26.8 acres Existing Land Use: Residential, commercial or vacant Adjacent Zoning and Land Use: North - R-40; Single-family residential or vacant South - R-15; Single-family residential East - R-40 and A; Single-family residential or vacant West - R-40 and A; Single-family residential or vacant T ITTT ,TTTF,~ Public Water System: The request site is within the Clover Hill Water Pressure Zone and the public water system is available to serve the request site. There is a sixteen (16) inch water line extending along the north side of Genito Road adjacent to this site, as well as an eight (8) inch water line extends along Weatherbury Place adjacent to this site. Use of the public water system is required by County Code. Public Wastewater System: The request site is within the Upper Swift Creek Drainage Basin. Aforty-two (42) inch wastewater trunk line extends along the north side of Swift Creek approximately 5,000 feet north of this site. The hydraulic analysis prepared by E. D. Lewis and Associates in conjunction with the Swift Creek Trunk Line Plans calls for a future trunk line to be extended along the south side of Swift Creek from the existing line at its proposed crossing point with Turkey Creek, to the request site, for a total off site extension of approximately 7,800 feet. Use of the public wastewater system is required by County Code. ENVIRONMENTAL Drainage and Erosion: The subj ect property drains in two (2) directions through a series of ponds to Swift Creek and then to Swift Creek Reservoir. There are no existing or anticipated on- or off site drainage or erosion problems. That portion of the property which is wooded should not be timbered without obtaining a land disturbance permit from the Department of Environmental Engineering (Proffered 7 07SN0359-OCT22-BOS-RPT Condition 13). This will insure adequate erosion control measures are in place prior to any land disturbance. Water ualit Proffered Condition 3 requirements for mitigating impacts on the water quality of the Swift Creek Reservoir exceed the water quality standards implemented with the Upper Swift Creek Plan adopted in October of 2007. These requirements are representative of recently approved standards for cases in the Upper Swift Creek area and are acceptable. PUBLIC FACILITIES The need for schools, parks, libraries, fire stations, and transportation facilities is identified in the Public Facilities Plan, Thoroughfare Plan, and Capital Improvement Pro ream and further detailed by specific departments in the applicable sections of this Request Analysis. Fire ~Prvi~P~ The Public Facilities Plan indicates fire and emergency medical service (EMS) calls are expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6) new fire/rescue stations are recommended for construction by 2022 in the Plan. In addition to the new stations, the Plan also recommends the expansion of five (5) existing stations. Based on thirty-seven (37) dwelling units (Proffered Condition 2), this request will generate approximately three (3) calls for fire and emergency medical service each year. The applicant has addressed the impact on fire and EMS (Proffered Condition 1). The Swift Creek Fire Station Company 16 currently provides fire protection and emergency medical service. When the property is developed, the number of hydrants, quantity of water needed for fire protection, and access requirements will be evaluated during the plans review process. ~chnnl~~ Approximately twenty (20) students (Elementary: 9, Middle: 5, High: 6) will be generated by this development. Currently this site lies in the Grange Hall Elementary School attendance zone: capacity - 825, enrollment - 912; Swift Creek Middle School zone: capacity - 1,027, enrollment - 1,523; and Cosby High School zone: capacity - 1,750, enrollment -1,758. The enrollment is based on October 1, 2007 and the capacity is as of 2007-2008. This request will have an impact on the elementary and middle school levels. There are currently twenty (20) trailers at Swift Creek Middle Schools. Tomahawk Creek Middle School has recently opened. This school provides relief for Bailey Bridge Middle, Midlothian Middle and Swift Creek Middle Schools. This area of the County continues to experience growth and this school will provide much needed space. 8 07SN0359-OCT22-BOS-RPT This case combined with other tentative residential developments and zoning cases in the area will continue to push these schools to capacity. This case could necessitate some form of relief in the future. The applicant has addressed the impact of this development on school facilities. (Proffered Condition 1) Libraries: Consistent with the Board of Supervisors' policy, the impact of development on library services is assessed Countywide. Based on projected population growth, the Public Facilities Plan identifies a need for additional library space throughout the County. Development in this area of the County would most likely impact either the existing Midlothian or the Clover Hill Libraries. The Public Facilities Plan indicates a need for additional library space and identifies the need for two (2) new facilities, one in the vicinity of Powhite Parkway and Genito Road and one in the vicinity of winterpock and Beach Roads. The applicant has addressed the impact of this development on library facilities. (Proffered Condition 1) Parks and Recreation: The Public Facilities Plan identifies the need for three (3) regional, seven (7) community and 29 neighborhood parks by 2020. In addition, there is a shortage of community and neighborhood park acreage in the County. The Public Facilities Plan identifies a need for 354 acres of regional park space, 252 acres of community park space and 199 acres of neighborhood park space by 2020. The Plan also identifies the need for linear parks and resource based-special purpose parks (historical, cultural and environmental) and makes suggestions for their locations. The Plan addresses the need for addition of recreational facilities to include sports fields, trails, playgrounds, court games, senior centers and picnicking area/shelters at existing parks to complete build-out and identifies the need for water access and trails along the James and Appomattox Rivers and their major tributaries, Swift and Falling Creeks. Co-location with middle and elementary schools is esire . The applicant has offered measures to address the impact of this proposed development on the infrastructure needs of Parks and Recreation. (Proffered Condition 1) Transportation: The applicant is requesting rezoning from Agricultural (A) and Residential (R-40) to Residential (R-15) with a Conditional Use on part of the property that would permit operation of a bed and breakfast and special events business on approximately 27 acres in the Upper Swift Creek Plan area. The applicant only intends to operate the bed and breakfast until the property is developed as a residential subdivision. Based on trip generation rates for single-family housing and the maximum density of 37 lots identified in Proffered Condition 2, development of the property could generate approximately 400 average daily trips. Genito Road and Otterdale Road will both be directly impacted by 9 07SN0359-OCT22-BOS-RPT this traffic. Genito Road had a 2008 traffic count of 3,703 vehicles per day and was functioning at an acceptable Level of Service D. Otterdale Road had a 2008 traffic count of 1,157 vehicles per day and was functioning at an acceptable Level of Service C. Otterdale Road in the vicinity of the property has extremely poor vertical and horizontal alignments, narrow pavement widths, no shoulders and fixed objects adjacent to the edge of pavement. Genito Road also has narrow pavement widths, no shoulders and fixed objects adjacent to the edge of pavement. Significant improvements to both of these roads should be committed before any additional traffic is added to them. Because the applicants have not committed to provide sufficient improvements to area roads, including Genito Road and Otterdale Road, the Transportation Department cannot support this request. Area roads need to be improved to address safety issues and accommodate the increase in traffic. The applicants have proffered that the improvements shown on Exhibit A will be completed before any lots are recorded on the property, or any of the properties included in Cases 07SN0358, 07SN0360 and 07SN0361 (Proffered Condition 14). Staff will not be able to enforce this proffered condition as development on the property is tied to properties not included in this request. The applicant has been advised by the county attorney to revise the proffered condition since it is illegal and cannot be accepted. The applicant has estimated that the total cost to provide these improvements is $800,000. The actual cost of this construction cannot be determined until the work is completed and may be more or less than this estimated amount. If these improvements are provided by others (i.e. a public project) then the applicants will pay cash, in an amount consistent with the Board of Supervisors' Policy, towards mitigating the traffic impact. The applicants have indicated that when the estimated cost of construction is prorated over the total number of lots, two-hundred and thirty (230), expected to be developed by all four (4) cases, the estimated value of the improvements per lot is $3,478. The applicant has also proffered to contribute an additional $6,988 in cash per lot, bringing the applicant's per-lot contribution to roads, including the prorated estimated construction cost, to $10,466, whereas the maximum amount per the Board's Cash Proffer Policy, is $10,467. Staff has suggested that additional improvements be provided in lieu of the $6,988 in cash that the applicant has proffered. Because the applicants have not modified the proffered condition or committed to provide sufficient improvements to area roads, the Transportation Department cannot support this request. Cash proffers alone will not be sufficient to fund the road improvements necessary in this area. There are only two public projects planned in the area: reconstruction of a bridge on Otterdale Road and improvements to the intersection of Otterdale Road and Genito Road. At this time, the intersection project does not have adequate funding for construction. In order to help maintain an acceptable level of service and reduce the potential for accidents, access to major arterials, such as Genito Road, should be controlled. Due to the limited distance between the existing Genito Road/weatherbury Place intersection and the eastern property line, approximately 500 feet, direct access from the property to Genito Road should not be provided. when asked, the applicant was not willing to 10 07SN0359-OCT22-BOS-RPT preclude access from the property to Genito Road. The Transportation Department cannot support access from the property to Genito Road. The applicant has agreed to provide a stub road to properties to the east. (Proffered Condition 5) The Thoroughfare Plan identifies Genito Road adjacent to the property as a major arterial with a recommended right of way width of ninety (90) feet. The applicants have proffered to dedicate forty-five (45) feet of right of way adjacent to the property in accordance with this Plan. (Proffered Condition 6) The traffic impact of this development should be addressed. The applicants have proffered to provide the customary on-site road improvements, such as turn lanes and road widening adjacent to the property (Proffered Condition 7). In order to provide the turn lanes along Genito Road, some off site right-of way may have to be acquired from nearby properties. According to Proffered Condition 7.C, if the developer needs off site right-of way for construction of the improvements, and is unable to acquire it, the developer may request the county to acquire the right-of way as a public road improvement. If the County chooses not to assist with the right-of way acquisition, the developer will not be obligated to acquire the off site right-of way and will only be obligated to construct road improvements within available right-of way. Proffered Condition 8 allows these improvements to be phased with development of the property. Because of the limited number of lots feasible, these improvements should be provided in conjunction with development of the initial section. VDOT's "Chapter 527" regulations, dealing with development Traffic Impact Analysis (TIA) requirements, have recently been enacted. At this time, it is uncertain what impact VDOT's regulations will have on the development process or upon zonings approved by the county. The applicant has indicated that a Chapter 527 TIA is not required for this rezoning request. VDOT's Access Management Regulations were enacted on July 1, 2008 but only apply to roads that are classified by VDOT as Principal Arterials. The regulations are scheduled to apply to roads such as Genito Road, which is classified as an Rural Major Collector, on October 1, 2009. Because these regulations have not been finalized, it is unclear what impact they will have on development of the property. To summarize, the Transportation Department cannot support this request because the applicants have not committed to provide sufficient improvements to area roads, nor have they agreed to preclude access to Genito Road. 11 07SN0359-OCT22-BOS-RPT Financial Impact on Capital Facilities: PER UNIT Potential Number of New Dwelling Units 37~ 1.00 Population Increase 99.53 2.69 Number of New Students Elementary 8.14 0.22 Middle 4.07 0.11 High 5.92 0.16 TOTAL 18.13 0.49 Net Cost for Schools $301,476 $8,148 Net Cost for Parks 41,810 1,130 Net Cost for Libraries 9,398 254 Net Cost for Fire Stations 20,572 556 Average Net Cost for Roads 513,227 13,871 TOTAL NET COST $886,483 $23,959 ~ Based on a proffered maximum of thirty-seven (37) dwelling units (Proffered Condition 2). The actual number of dwelling units and corresponding impact may vary As noted, this proposed development would have an impact on capital facilities. At the time this rezoning application was submitted, the calculated fiscal impact of every new dwelling unit on schools, roads, parks, libraries and fire stations was $15,648 per unit. Effective July 1, 2008 the maximum per-dwelling-unit cash proffer was increased to $18,080. The applicant has been advised that a maximum cash proffer of $18,080 per unit would defray the cost of the capital facilities necessitated by this proposed development. Consistent with the Board of Supervisors' policy, and proffers accepted from other applicants, the applicant has offered $18,080, $7,613 in cash and $10,467 in transportation contributions or road improvements, per dwelling unit to assist in defraying the cost of this proposed zoning on such capital facilities. The $10,467 proffered to address roads consists of road improvements with a cost equivalent to $3,479 per dwelling unit and a cash contribution of $6,988 per dwelling unit. Staff continues to express the desire to have road improvements in lieu of the transportation contribution. The applicant has not committed to such road improvements, as referenced in the Transportation Department's report. The applicant has further included language in Proffered Condition 14A. that refers to parcels that are neither included as part of this zoning request, nor controlled by the applicant, rendering that condition illegal. The applicant has been advised that this condition cannot be accepted. 12 07SN0359-OCT22-BOS-RPT Note that circumstances relevant to this case, as presented by the applicant, have been reviewed and it has been determined that it is appropriate to accept the maximum cash proffer in this case. Staff recommends that the applicant adequately address the Transportation Department's concerns as they pertain to mitigating the development's impact on roads. The Planning Commission and Board of Supervisors, through their consideration of this request, may determine that there are unique circumstances relative to this request that may justify acceptance of proffers as offered for this case. T , ANn T T~F, Comprehensive Plan: On June 25, 2008, the Board of Supervisors adopted amendments to the Upper Swift Creek Plan. These amendments addressed levels of service standards for schools, fire and emergency services; road infrastructure needs; water quality; and a growth management boundary. This application was filed prior to the Board's adoption of the amended Plan. As such, staff's evaluation of this request is based upon the previous Upper Swift Creek Plan in effect prior to these amendments. This previous Plan suggests the property is appropriate for residential use of 2.0 units per acre or less. Area Development Trends: Adjacent properties are characterized by single-family residential uses in weatherbury and Hunters Ridge subdivisions and on acreage parcels and by vacant properties. Single- family residential uses are expected to continue in this area, as suggested by the Plan. It should be noted, as reflected on the attached map, there are several other pending zoning cases surrounding the intersection of Genito and Otterdale Roads. Zonin Hg istory: On March 27, 1985, the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved rezoning to Residential (R-40) with Conditional Use to permit stock farm use on that portion of the property included in this the request which is currently zoned Residential (R- 40). That Conditional Use and zoning also included that adjacent property which is also zoned R-40. The intent was to develop an equestrian subdivision allowing the keeping of horses on lots having a minimum of three (3) acres. (Case 85SN0024) On January 25, 1989, the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved an amendment to Case 85SN0024 relative to the maximum allowable density on that portion of the request property zoned R-40 as well as surrounding R-40 property (Case 88SN0258). Specifically, this amendment increased the 13 07SN0359-OCT22-BOS-RPT permitted number of lots in Weatherbury Subdivision from twenty-five (25) to fifty (50), yielding a permitted density of approximately 0.6 dwelling units per acre. On August 6,1997, the Board of Zoning Appeals approved a Special Exception to permit operation of a bed and breakfast and an on-site catering business incidental to a dwelling on a portion of the request property (Case 97AN0255) for two (2) years. The Conditional Use was granted to Alice McBride, exclusively. Subsequently, in 1998 and 2002, the Special Exceptions were renewed and granted to Alice McBride and John McBride, exclusively (Case 99AR00148 and 02AR0212). The Zoning Ordinance has been amended to require a Conditional Use for businesses operated incidental to dwelling units. Uses: The proposed Residential (R-15) zoning would accommodate development of a single- family residential subdivision consisting of a maximum of thirty-seven (37) lots. (Request I) The Conditional Use has been requested to allow the special events business which was allowed by prior Special Exceptions to continue until such time as the subdivision has been bonded for construction (Request II). Conditions have been recommended, should the Commission and Board wish to approve the Conditional Use, which would allow the use to continue to operate as it has in the past. (Conditions 1 through 10) R»ffPrc• With the adoption of the Upper Swift Creek Plan amendment, the Zoning Ordinance was amended to require a minimum 100-foot buffer along arterial streets. As such, a minimum 100-foot buffer will be required along Genito Road. Density and Lot Sizes: Proffered Condition 2 would limit development to a maximum of thirty-seven (37) lots, yielding a density of approximately 1.4 lots per acre. Residential (R-15) Zoning standards would permit lots to have a minimum area of 15,000 square feet and a lot width of 100 feet. In addition, the applicant has agreed that Weatherbury Place will not be relocated, except for a realignment of its intersection with Genito Road. Proffered Condition 12 requires that the portion of the subject property which adjoins Weatherbury Place is to conform to R-25 standards with a minimum lot size of 25,000 square feet and a minimum lot width of 120 feet. This will also require compliance with R-25 setbacks. All other lots are to comply with R-15 standards, except for lot sizes. One lot, identified as Tax ID 712-689-1950 may be a minimum of 20,000 square feet and the remaining lots are to be a minimum of 25,000 square feet. 14 07SN0359-OCT22-BOS-RPT Dwelling Sizes and Foundation Treatments: Proffered Conditions 9, 10 and 12 establish minimum house sizes and foundation treatments for dwelling units developed on the property. CONCLUSIONS while the proposed zoning and land uses conform to the Upper Swift Creek Plan which suggests the property is appropriate for residential use of 2.0 units per acre or less, the proposal fails to adequately address the impact of the development on area roads, as discussed herein. Specifically, the applicant has failed to provide for adequate road improvements and access limitations. In addition, the proposal includes an illegal proffered condition which cannot be accepted. Specifically, Proffered Condition 14 ties development on this property to conditions of development for properties not included in this request. Given these considerations, denial of the requested rezoning is recommended. with respect to the special events business, approval of this request is recommended if, after public input, the Commission and Board determine that continuing the use will not adversely impact area development. CASE HISTORY Planning Commission Meeting (7/15/08): On their own motion, the Commission deferred this case to their September 16, 2008 public hearing. At the request of the applicant, the Commission deferred this case to Staff (7/16/08): The applicant was advised in writing that any significant, new or revised information should be submitted no later than July 21, 2008 for consideration at the Commission's September 16, 2008, public hearing. Applicant (9/3/08 and 9/16/08): Revised proffered conditions and an exhibit were submitted. 15 07SN0359-OCT22-BOS-RPT Planning Commission Meeting (9/16/08): The applicant did not accept the recommendation stating the case offers what is expected with the current proffer policy. No one spoke in favor of, or in opposition to, the request. Mr. Bass expressed concerns that the modifications to proffers were received so late and stated he would request the Board remand the case to the Commission. He also expressed concerns that the road improvement issues had not been addressed. Mr. Waller also expressed concerns about newly submitted proffers. On motion of Mr. Bass, seconded by Mr. Hassen, the Commission recommended denial. AYES: Messrs. Bass, Brown, Hassen and Waller. ABSENT: Mr. Gulley. 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