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07SN0361
~~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 07SN0361 Robert C. Sowers and Douglas and Susan Sowers ~~~ ti ~nn~ rnr ~~~~ , October 22, 2008 BS Matoaca Magisterial District Watkins Elementary, Midlothian Middle and Midlothian High Schools Attendance Zones West line of Otterdale Road RE VEST: Rezoning from Agricultural (A) to Residential (R-12) plus Conditional Use Planned Development to permit exceptions to Ordinance requirements. PROPOSED LAND USE: A mixture of residential uses to include single family and cluster homes along with supporting recreational uses is proposed. The applicant has agreed to limit development to a density of 2.0 dwelling units per acre yielding approximately fifty- two (52) dwelling units. (Proffered Condition 5) PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL. AYES: MESSRS. BASS, BROWN, HASSEN AND WALLER. ABSENT: MR. GULLEY. Providing a FIRST CHOICE community through excellence in public service STAFF RECOMMENDATION 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 and proffered conditions address the impact of this development on school, library, fire and park facilities, 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. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS.) PROFFERED CONDITIONS The Owner-Applicant in this zoning 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 known as Chesterfield County Tax IDs 713-691-1673, 713-691-8928 and 714-690-1660 (the "Property") under consideration will be developed according to the attached Textual Statement and the following conditions if, and only if, the rezoning requests for R-12 as set forth in the above heading and the application filed herein is granted. In the event the request is denied or approved with conditions not agreed to by the Owner-Applicant, these proffers and conditions shall be immediately null and void and of no further force or effect. 1. Timberin . Except for the 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 erosion devices have been installed. (EE) 2. Cash Proffer. In addition to the Transportation Contribution in Proffered Condition 7, the applicant, subdivider, or assignee(s) (the "Applicant") shall pay the following to the County of Chesterfield prior to the issuance of a building permit for each dwelling unit for infrastructure improvements within the service district for the property: a. $7613.00 per dwelling unit if paid prior to July 1, 2009. At the time of payment, the $7613.00 will be allocated pro-rata among the facility costs as follows: $6,149.00 for schools, $853.00 for parks and recreation, $192.00 for library facilities, and $419.00 for fire stations; or b. If paid after June 30, 2009, $7613.00 adjusted annually in accordance with the cash proffer policy. 2 07SN0361-OCT22-BOS-RPT c. 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. d. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. (BM & T) 3. Transportation. a. In conjunction with the recordation of the initial subdivision plat or within ninety (90) days of a written request by the County, whichever occurs first, forty five (45) feet of right-of way of Otterdale Road, measured from the centerline of that part of Otterdale Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. b. Direct vehicular access from the property to Otterdale Road shall be limited to one (1) public road. The exact location of this public road shall be approved by the Transportation Department. c. In conjunction with development of the initial section, the developer shall be responsible for the following improvements: (i) Construction of additional pavement along Otterdale Road at the public road intersection to provide left and right turn lanes; (11) Widening/improving the side of Otterdale Road immediately adjacent to the property to an eleven (11) foot wide travel lane, measured from the centerline of the road, with an additional one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved shoulder, 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; and, d. Dedication, free and unrestricted, to and for the benefit of Chesterfield County, of any additional right-of way (or easements) required or these improvements. In the event the developer is unable to acquire any "off site" right-of way that is necessary for any improvement described in 3(c)(i), 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) 4. Density. The total number of residential dwelling units on the Property shall not exceed 2.0 dwelling units per acre. (P) 3 07SN0361-OCT22-BOS-RPT 5. Stormwater Management: The Developer acknowledges that, if the water quality of the Swift Creek Reservoir has reached a median level that exceeds .035 mg/1 in-lake phosphorous or otherwise degrades to an unacceptable level, the County may adopt phosphorous 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 Stormwater 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 for any residential uses. All substantially approvable construction plans in the Department of Environmental Engineering that have complied with the submittal criteria for review shall not be effected. (EE) 6. Master Plan. The textual statement dated May 14, 2007, shall be considered the Master Plan. (P) 7. 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. The applicant, his successor(s), or assignee(s) (the "Applicant") shall comply with the obligations of Proffered Condition 2 and, also shall pay to the County of Chesterfield within 30 days of Tentative Plan approval $3,479.00 per approved 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. B. The applicant, his successor(s), or assignee(s) (the "Applicant") shall comply with the obligations of Proffered Condition 2 and 7.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 2, 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 4 07SN0361-OCT22-BOS-RPT 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 2 and 7.A., the Applicant provides offsite road improvements 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) GENERAL INFORMATION Location: West line of Otterdale Road, north of Genito Road. Tax IDs 713-691-1673 and 8928; and 714-690-1660. Existing Zoning: A Size: 26.2 acres Existing Land Use: Vacant Adjacent Zoning and Land Use: North, South and West - A; Single family residential on acreage parcels or vacant East - A and R-9; Single family residential or vacant 5 07SN0361-OCT22-BOS-RPT 1 ITTT ,TTTF,~ Public Water System: This site is within the area planned for being part of the Clover Hill Water Pressure Zone. The closest existing water line in this zone is a sixteen (16) inch line in Otterdale Road that terminates approximately 2,600 feet south of this site. Water service for this development will need to come by way of an extension of the public water system from the east and/or south of this site. Tentative plans have been approved for extending a sixteen (16) inch water line along Otterdale Road in conjunction with the development of Cambria Subdivision. This extension will terminate at their northern property boundary, approximately 415 feet south of this site. From the east, with the development of Section 1 of the Rountrey Subdivision a sixteen (16) inch water line was extended along North Woolridge Road from the existing line at Water Mill Parkway. Future plans call for extending, with the Rountrey development, a sixteen (16) inch water line from North Woolridge Road to Otterdale Road. Further extension of this water line is proposed with the development of Tinsdale Subdivision to be located on Tax ID 714-692-7432 north of this site. With the Tinsdale Subdivision, a sixteen (16) inch line will be extended along Otterdale Road ultimately terminating approximately 700 feet north of this site. Use of the public water system is required. In conjunction with this development, extension of a sixteen (16) inch water line will be required along the site's road frontage with Otterdale Road. Per Utilities Department Design Specifications (DS-21), wherever possible, two (2) supply points shall be provided for subdivisions containing more than twenty-five (25) lots. To provide the two (2) supply points, tie-ins to the sixteen (16) inch water lines proposed with the Tinsdale and Cambria developments may be required. Public Wastewater System: The request site is within the Upper Swift Creek Sewer Service Area. Aforty-two (42) inch wastewater trunk line extends along the north side of Swift Creek within an easement across the request site. Use of the public wastewater system is required. ENVIRONMENTAL Drainage and Erosion: The subject property is adjacent to Swift Creek. There are no known on- or off site drainage or erosion problems and none are anticipated after development. The property is mostly wooded and, as such, should not be timbered without obtaining a land disturbance permit from the Department of Environmental Engineering and the appropriate devices being installed (Proffered Condition 1). This will assure erosion control measures are in place prior to any land disturbance. 6 07SN0361-OCT22-BOS-RPT Water ualit As noted above, Swift Creek is adj acent to the request property with Swift Creek abutting the southwestern property line of the two (2) smaller parcels. Swift Creek is a perennial stream and, as such, is subject to a 100-foot conservation buffer inside of which uses are very limited. The two (2) smaller parcels (approximately 9.5 acres of the 26.2 acre request) adjacent to Swift Creek are 100 percent (100%) within the floodplain, RPA or wetlands. The larger parcel (the remaining approximately 16.7 acres) is crossed by two streams which show signs of being perennial in nature. A perennial flow determination will need to be submitted and approved by the Water Quality Section prior to submitting any tentative plan. To mitigate the impact of this development on water quality of the Swift Creek Reservoir and the Upper Swift Creek Watershed, development must comply with phosphorus loading standards of the Zoning Ordinance and any future storm water mitigation requirements applicable to any undeveloped portion of the subject property that are in effect at the time of plan approval (Proffered Condition 5). Proffered Condition 5 is consistent with the water quality standards offered for cases recently approved in the Upper Swift Creek Watershed. PUBLIC FACILITIES The need for schools, parks, libraries, fire stations and transportation facilities in this area is identified in the County's adopted Public Facilities Plan, Thoroughfare Plan and Capital Improvement Program and further detailed by specific departments in the applicable sections in this "Request Analysis". Fire Service: The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls are expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6) new fire/rescue stations are recommended for construction by 2022 in the Plan. In addition to the six (6) new stations, the Plan also recommends the expansion of five (5) existing stations. Based on fifty-two (52) dwelling units, this request will generate approximately five (5) calls for fire and emergency medical service (EMS) each year. The applicant has addressed the impact on fire and EMS. (Proffered Condition 2) 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. 7 07SN0361-OCT22-BOS-RPT Schools: Approximately twenty-five (25) (Elementary: 11, Middle: 6, High: 8) students will be generated by this development. Currently, this site lies in Watkins Elementary School attendance zone: capacity - 752, enrollment - 822; Midlothian Middle School: capacity - 1,322, enrollment - 1,507; and Midlothian High School: capacity - 1,600, enrollment - 1,453. The enrollment is based on October 1, 2007 and the capacity is as of 2007-2008. This request will have an impact at the elementary and middle school level. There are currently eight (8) trailers at Watkins Elementary and twelve (12) trailers at Midlothian Middle. This case, combined with other residential developments and zoning cases in the area, will continue to push these schools to capacity, necessitating some form of relief in the future. The applicant has addressed the impact of the development on schools. (Proffered Condition 2) T,ihrarie~~ 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 in this area of the County 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 offered measures to assist in addressing the impact of this development on library facilities. (Proffered Condition 2) Parks and Recreation: The Public Facilities Plan identifies the need for three (3) regional, seven (7) community and twenty-nine (29) neighborhood parks by 2020. In addition, there is a shortage of community and neighborhood park acreage in the County. The Public Facilities Plan identifies a need for 3 54 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 also 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. The Plan also identifies the need for water access and trails along the James and Appomattox Rivers and their maj or tributaries, Swift and Falling Creeks. Co-location with middle and elementary schools is desired. The applicant has offered measures to address the impact of this proposed development on the infrastructure needs of Parks and Recreation. (Proffered Condition 2) 8 07SN0361-OCT22-BOS-RPT Transportation: The applicant is requesting rezoning from Agricultural (A) to Residential (R-12) with a Conditional Use Planned Development on approximately 26 acres in the Upper Swift Creek Plan area. Based on trip generation rates for single-family housing and the maximum density of two (2) units per acre identified in Proffered Condition 5, development of the property could generate approximately 570 average daily trips. Genito Road and Otterdale Road will both be directly impacted by 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, 07SN0359 and 07SN0360 (Proffered Condition 7). 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 (23 0), expected to be developed by all four (4) cases, the estimated value of the improvements per lot is $3,479. 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 $10,467, an amount consistent with the Board's Cash Proffer Policy. 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 9 07SN0361-OCT22-BOS-RPT 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 Otterdale Road, should be controlled. The applicants have proffered to limit access from the property to Otterdale Road to one (1) public road. (Proffered Condition 4.b) The Thoroughfare Plan identifies Otterdale Road adjacent to the property as a maj or 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 4.a) 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 4.c). In order to provide the turn lanes along Otterdale Road, some off site right-of way may have to be acquired from nearby properties. According to Proffered Condition 4.d, 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. 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 Otterdale Road, which is classified as an Urban 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. 10 07SN0361-OCT22-BOS-RPT Financial Impact on Capital Facilities: PER UNIT Potential Number of New Dwelling Units 52~ 1.00 Population Increase 141.44 2.72 Number of New Students Elementary 12.12 0.23 Middle 6.76 0.13 High 8.79 0.17 TOTAL 27.66 0.53 Net Cost for Schools $278,096 $5,348 Net Cost for Parks 31,408 604 Net Cost for Libraries 18,148 349 Net Cost for Fire Stations 21,060 405 Average Net Cost for Roads 464,984 8,942 TOTAL NET COST $813,696 $15,648 ~ Based on a proffered maximum yield of 2.0 dwelling units per acre (Proffered Condition 4). 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 that this rezoning application was submitted, the calculated fiscal impact of every new dwelling unit on schools, roads, parks, libraries, and fire stations was $15,648 per unit. Effective July 1, 2008 the maximum per-dwelling-unit cash proffer was increased to $18,080. The applicant has been advised that a maximum cash proffer of $18,080 per unit would defray the cost of the capital facilities necessitated by this proposed development. 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, 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 7A. 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. 11 07SN0361-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 the 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 ANTI TTCF. 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: Surrounding properties to the north, south and west are zoned Agricultural (A) and are occupied by single family residential uses on larger acreage parcels or are vacant. Properties to the east are zoned Agricultural (A) and Residential (R-9) and are occupied by single family residential use on larger acreage parcels or are vacant. It is anticipated that residential development will continue in this area at densities suggested by the Plan. It should be noted, as reflected on the attached map, that there are several other pending zoning cases in proximity to the intersection of Genito and Otterdale Roads. Site Design: The 26.2 acre tract proposed for R-12 zoning may be developed for cluster homes and/or single family residential uses, all of which are discussed in further detail herein. If the property is developed for more than one (1) dwelling type, the Textual Statement (Attached) requires the 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) 12 07SN0361-OCT22-BOS-RPT Buffers: With that adoption of the Upper Swift Creek Plan, the Zoning Ordinance was amended to require a 100 foot buffer along arterial streets. As such, a 100 foot buffer will be required along Otterdale Road. Dew: A maximum of 2.0 dwelling units per acre has been proffered, yielding an overall maximum fifty-two (52) dwelling units. (Proffered Condition 4) Dwelling Types: As previously noted, single family dwellings and cluster homes are proposed. These uses will be developed as follows: Cluster Homes: Cluster homes are proposed on individual lots having a minimum of 6,000 square feet. The density for any cluster development would be limited to six (6) units per acre. Other standards include setbacks, provision of sidewalks, buffers, focal point, street trees and paved driveways. (Textual Statement B.l .) The requirements offered for cluster projects are consistent with those typically required by the Commission and Board on similar projects recently approved. Sin le Family Residential: Single family residential uses would be required to be developed in accordance with Ordinance requirements for Residential (R-12) Districts (Textual Statement B.2.). The minimum lot size would be 12,000 square feet. Conditions address minimum dwelling sizes. (Textual Statement B.2.a.) Recreation Areas and Open Space: The Textual Statement provides that, at the election of the developer, active and passive recreational areas may be provided throughout the development and provides restrictions to minimize the impact of these recreational uses on surrounding residential uses. (Textual Statement 3 ) Within each cluster home development, a minimum of 0.75 acres of open space would be provided to serve as a focal point (Textual Statement B.I.H.). Also, within the cluster home developments, where lot areas are reduced below the minimum 12,000 square feet, the Ordinance will require a comparable amount of square footage be placed in open space. 13 07SN0361-OCT22-BOS-RPT CONCLUSION While proposed zoning and land uses conform to the Upper Swift Creek Plan which suggests the property is appropriate for single family residential use of 2.0 units per acre or less and proffered conditions address the impact of the development on schools, parks, libraries and fire station in accordance with the Board of Supervisors' policy, the proposal fails to address its impact on area roads. The proposal fails to provide improvements to area roads, as discussed herein, so as to mitigate the impact on transportation network. In addition, the proposal includes an illegal proffered condition which cannot be accepted. Specifically, Proffered Condition 7 ties development on the property to conditions of development for properties not included in this request. Given these considerations, denial of this request is recommended. CASE HISTORY Planning Commission Meeting (7/17/07): The applicant did not accept the recommendation. There was opposition present expressing concerns relative to acting upon this request prior to adoption of the pending Upper Swift Creek Plan and the impact of the development or emergency services, schools, roads and water quality. Mr. Bass indicated that additional time was needed to attempt to address concerns relative to the impact of development on Otterdale Road. The applicant indicated they had no intention of amending the proffered conditions and expressed concerns that the expectations of a zoning applicant was changing without adequate discussion. Mr. Wilson questioned the necessity for deferral since the applicant had indicated that revisions would not be forthcoming. On their own motion, the Commission deferred this case to their October 16, 2007, public Baring. Staff (7/20/07): The applicant was advised in writing that any new or revised information must be received no later than August 13, 2007, for consideration at the October 16, 2007, meeting. 14 07SN0361-OCT22-BOS-RPT Staff (9/27/07): To date, no new or revised information has been received. Planning Commission Meeting (10/16/07): The applicant did not accept the recommendation. There was a general discussion regarding the recommendation of the Upper Swift Creek Plan regarding protection of the Reservoir's water quality. The applicant indicated that the proffered condition suggested by staff regarding water quality was not, in their opinion, consistent with the Board's recommen atlon. There was opposition present indicating that the cumulative impact of various development proposals on capital facilities should be considered; the deferred growth and level of services recommendations by the Planning Commission should have been adopted as part of the Upper Swift Creek Plan; and area roads and schools are inadequate to accommodate further development. Mr. Bass indicated that roads are unsafe and he, therefore, could not support the rezoning. Messrs. Gecker and Gulley further indicated that approval would adversely affect the health, safety and welfare of citizens. Mr. Wilson indicated the proposal conforms to the Plan provided the water quality recommendations are addressed. On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended denial. AYES: Messrs. Gecker, Gulley and Bass. NAYS: Messrs. Litton and Wilson. Applicant (10/23/07 & 11/6/07): Revised proffered conditions regarding water quality were submitted. Board of Supervisor's Meeting (1/9/08): On their own motion, the Board of Supervisors remanded this case to the Planning Commission. 15 07SN0361-OCT22-BOS-RPT Applicant (6/10/08): The applicant requested this case be advertised for the Commission's July 15, 2008 public hearing. Applicant (6/18/08 and 6/24/08): Revisions to the proffered conditions were submitted. Planning Commission Meeting (7/15/08): On their own motion, the Commission deferred this case to their September 16, 2008 public hearing. 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 (8/26/08): Revisions to the proffered conditions were submitted. Applicant (9/ 15 and 9/ 16/08) Revisions to the proffered conditions and an Exhibit were submitted. Planning Commission Meeting (9/16/08): The applicant did not accept the recommendation stating that the case offers above what is expected with the current proffer policy. No one spoke in favor or opposition to the request. Mr. Bass expressed concerns that modified proffers were received so late and stated he would request the Board remand the case to the Commission. Mr. Hassen agreed that the Commission receiving last minute changes was not acceptable. 16 07SN0361-OCT22-BOS-RPT On motion of Mr. Bass, seconded by Mr. Hassen, the Commission recommended denial. AYES: Messrs. Bass, Brown, Hassen and Waller. ABSENT: Mr. Gulley. The Board of Supervisors, on Wednesday, October 22, 2008, beginning at 6:30 p.m., will take under consideration this request. 17 07SN0361-OCT22-BOS-RPT TEXTUAL STATEMENT May 14, 2007 This is a request to rezone 26.2 acres of the Property under consideration to R-12 with a Conditional Use Planned Development (CUPD) that will permit development of a mixed use, planned community including single family residences 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, the following uses, as more fully defined below, shall also be permitted: A. General Requirements Applicable to All Uses Mixin of Uses. Within the Property there shall be no "mixing" of uses (e.g., if the Property is to be developed for cluster homes, all of the Property shall be developed as cluster homes, or if the Property is developed for Residential (R-12) uses, all of the Property 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 Property itself as well as with adjacent properties. Land use compatibility and transitions may include, but not necessarily be limited to, the exact location of uses, buffers, and site design. Such conceptual plans shall be approved by either the Planning Department or Planning Commission, at the election of the developer, and such review shall be subject to appeal in accordance the provisions of the Zoning Ordinance for site plan approval. B. Requirements for Specific Uses 1. Cluster Homes Single family detached cluster homes shall meet the following requirements: a) Lot Size. Each lot shall have an area of not less than six thousand (6,000) square feet and a lot width of not less than fifty (50) feet. b) Density The overall density within each tract or part of a tract containing cluster homes 1 shall not exceed six (6) units per gross acre. c) Front, Corner, Side and Rear Yard. For principal structures, front corner side and rear yards shall have a minimum depth of twenty-five (25) feet. Accessory structures shall have atwenty-five (25) foot front yard setback but no rear yard setback. d) Side Yards Principal structures shall be located a minimum of five (5) feet from side property lines, however, 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. The tentative subdivision, final check, and record plats shall identify the specific setback criteria for each lot. e) Sidewalks Sidewalks shall be provided that facilitate pedestrian access within the Development, to the recreational areas serving the development, and to the overall project. The exact location and design of the sidewalks shall be determined 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 a public street where cluster homes front. ~ Buffers Required buffers along roads shall be located within recorded open spaces. g) Paved Driveways All dwelling units shall have paved driveways. The exact treatment shall be approved at the time of tentative subdivision plan review. h) Focal Point. A minimum of 0.75 acres of open space shall be located and positioned to provide a "focal point" as one enters each cluster home development. Part of this area shall be landscaped 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. i) Garages. Front loaded garages shall be located no closer to the street than the front facade of the dwelling unit. k) Street Trees. Street trees shall he planted or retained along each side of all public roads where sidewalks are provided. 2. Residential (R-12~ All dwellings other than Cluster Homes shall meet the requirements of the Residential 2 (R-12) District as well as the following requirements: a) Minimum Square Foota e for Sin le Family Dwelling With the exception of Cluster Homes, 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. 3. 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. (11) 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 othe Zoning Ordinance for fifty (50) foot buffers. (111) 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 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. 3 (vi) The maximum exterior lighting for recreational uses shall comply with Section 19-508.3 of the Zoning Ordinance. (vii) The location of all active recreational uses shall be identified in conjunction with the submittal of the first tentative subdivision plan. 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