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November 19, 2008 BS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
07SN0385
First Commonwealth Services
Matoaca Magisterial District
Spring Run Elementary; Bailey Bridge Middle; and Manchester High Schools Attendance Zones
East line of Winterpock Road
RE VEST: Rezoning from Agricultural (A) to Residential (R-12).
PROPOSED LAND USE:
A single family residential subdivision with a minimum lot size of 34,425 square
feet is planned (Proffered Condition 10). A maximum of eight (8) lots are
proposed, yielding a density of approximately 0.98 dwelling units per acre.
(Proffered Condition 3)
(NOTE: IN ORDER FOR THE BOARD TO CONSIDER THIS REQUEST AT THEIR
NOVEMBER 19, 2008 PUBLIC HEARING. A ~ 1,000.00 DEFERRAL FEE MUST BE
PAID.)
(NOTE: PROFFERED CONDITIONS 2, 7 AND 9 WERE REVISED AND PROFFERED
CONDITIONS 12 AND 13 WERE SUBMITTED SINCE THE COMMISSION'S
CONSIDERATION OF THIS CASE.)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
AYES: MESSRS. GULLEY, BASS AND HASSEN.
NAYS: MESSRS. BROWN AND WALLER.
Providing a FIRST CHOICE community through excellence in public service
STAFF RECOMMENDATION
Revised and additional proffered conditions have been submitted that would increase the cash
proffer payment and minimum house sizes permitted, prohibit front loaded garages, require tree
preservation on a portion of the property and offer a revised version of restrictive covenants that
will be recorded with the subdivision. Because of these amendments since the Commission's
consideration of the request, Staff recommends the application be remanded. However, should
the Board wish to consider this request, approval and acceptance of the proffered conditions,
except Proffered Condition 13, would be appropriate for the following reasons:
A. The proposed zoning and land use conforms to the Upper Swift Creek Plan which
suggests the request property is appropriate for residential use of 2.2 units per acre
or less.
B. The proffered conditions adequately address the impacts of this development on
necessary capitol facilities, thereby assuring adequate service levels are
maintained and protecting the health, safety and welfare of County citizens as
discussed therein.
C. The tree preservation strip proposed on individual lots will be not only difficult,
if not impossible, to enforce, but result in lots not having usable yards.
(Proffered Condition 13)
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. THE CONDITIONS
NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE
COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY
BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(STAFF) 1. Public water and wastewater shall be used. (U)
(STAFF) 2. 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. $18,080.00 per dwelling unit, if paid prior to July 1, 2009; or
B. If paid after June 30, 2009, the amount approved by the Board of
Supervisors not to exceed $18,080.00 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.
2 07SN0385-NOV19-BOS-RPT
D. Should any impact fees be imposed by the County of Chesterfield at
any time during the life of the development that are applicable to the
property, the amount paid in cash proffers shall be in lieu of or
credited toward, but not be in addition to, any impact fees, in a
manner determined by the County. (B&M)
(STAFF) 3. A maximum of eight (8) lots shall be permitted in this development. (P)
(STAFF) 4. 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)
(STAFF) 5. There shall be no direct vehicular access from the property to Winterpock
Road. (T)
(STAFF) 6. In conjunction with recordation of the initial subdivision plat, sixty (60)
feet of right-of way along the east side of Winterpock Road, measured
from the approved revised centerlines of that part of the roadways
immediately adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield County. (T)
(STAFF) 7. The minimum gross floor area for one story dwelling units shall be 2500
square feet and dwelling units with more than one story shall have a
minimum gross floor area of 3000 square feet. (BI & P)
(STAFF) 8. All exposed portions of the foundation of each new dwelling unit shall be
faced with brick or stone veneer. Exposed piers supporting front porches
shall be faced with brick or stone veneer. (BI & P)
(STAFF) 9. At a minimum, the restrictive covenants attached hereto as Exhibit A,
dated October 2, 2007 and revised June 19, 2008 shall be recorded prior to
or in conjunction with recordation of any subdivision plat. (P)
(STAFF) 10. All lots shall have a minimum area of 34,425 gross square feet. (P)
(STAFF) 11. The developer shall be responsible for relocation of the roadside ditch to
provide an adequate shoulder along the eastern side of Winterpock Road
for the entire property frontage and dedication to and for the benefit of
Chesterfield County, free and unrestricted, any additional right of way or
easements required for this improvement. (T)
(STAFF) 12. There shall be no front loaded garages. (P)
13. A minimum twenty (20) foot tree preservation strip, inclusive of required
yards, shall be maintained along the boundary of the subject property
adjacent to Tax ID's 722-660-9964, 722-660-9146 and 722-660-8232.
Utility easements shall be permitted to cross this strip generally in a
perpendicular fashion. Any healthy trees that are four (4) inches in caliper
3 07SN0385-NOV19-BOS-RPT
or greater shall be retained within this tree preservation strip except where
removal is necessary to accommodate the permitted improvements. This
condition shall not preclude the removal of vegetation from the tree
preservation strip that is unhealthy, dying or diseased. (P)
EXHIBIT A
First Commonwealth Services
Case 07SN0385
October 2, 2007
Revised June 19, 2008
I. The following provisions in the restrictive covenants cannot be modified or amended for a
period of at least twenty (20) years following recordation.
II. ARCHITECTURAL CONTROL
The Board of directors and the Declarant shall have the authority and standing, on behalf of
the Association to enforce in courts of competent jurisdiction decisions of the Committee
established in Section 1 of this Article. The Article may not be amended without the
Declarant's written consent so long as the Declarant owns any property within the Property.
No construction, which term shall include within its definition, staking, clearing, excavation,
grading and other site work, and no plantings, or removal of plants, trees, or shrubs shall take
place except in strict compliance with this Article, until the requirements thereof have been
fully met, and until the approval of the Architectural Board has been obtained.
Section 1. Architectural Board. The Architectural Board shall have exclusive jurisdiction
over all original construction, modifications, additions or alterations made on or to all
existing improvements and the open space, if any, appurtenant thereto, on all Property. The
Standards shall incorporate all restrictions and guidelines relating to development and
construction contained in this Declaration as well as restrictions and guidelines with respect
to location of structures upon property, size of structures, driveway and parking
requirements, foundations and length of structures and landscaping requirements. The
guidelines and procedures shall be those stated in the Summerford Standards effective
February 1, 2001 and revised November 14, 2007. The Architectural Board shall make the
Standards available to Owners, builders and developers who seek to engage in development
of or construction upon property within their operations strictly in accordance therewith. The
Architectural Board shall initially consist of three (3) members, all appointed by the
Declarant. At such time as seventy five percent (75%) of all property within the Property has
been developed, improved, and conveyed to purchasers in the normal course of development
and sale, the Board of Directors, of the Association shall have the right to appoint a
maximum of two (2) additional members. At no time shall the Architectural Board have less
than three (3) members nor more than five (5) members. At such time as one hundred percent
(100%) of all property within the Property has been developed, improved and conveyed to
purchasers in the normal course of development and sale the Board of Directors shall appoint
all members of the Architectural Board. The Declarant may, at his option, delegate to the
Board of Directors his right to appoint one or more members of the Architectural Board. At
4 07SN0385-NOV19-BOS-RPT
all times, at least one (1) member of the Architectural Board shall be a member of the
Association, and at least one (1) member shall be an architect licensed to practice in the State
of Virginia, who shall also be the Chairman.
Section 2. Meeting and Decisions of the Board. The Architectural Board shall establish
times, dates and frequency of meetings except that the Board shall meet at least once each
thirty (3 0) days A quorum of a simple majority of the members shall be required to review
and take action on applications for approval. The Board shall appoint a secretary who shall
prepare minutes of each Board meeting including all decisions of the Board. If the
Architectural Board fails to approve or deny an application within thirty (30) days of receipt
of the application by the Board, the p arty making the submission for approval shall deliver
written notice to the Architectural Board of its failure to act, and, if approval is not granted or
denied within fifteen (15) days thereafter the plans and specifications shall be deemed to be
approved.
Section 3. No Waiver of Future Approvals. The approval of the Architectural Board of any
proposals or plans and specifications or drawings for any work done or proposed, or in
connection with any other matter requiring the approval and consent of such Committee,
shall not be deemed to constitute a waiver of any right to withhold approval or consent as to
any similar proposals, plans and specifications, drawings, or matter subsequently or
additionally submitted for approval or consent.
Section 4. Variance. The Architectural Board may authorize variances from compliance
with any of the provisions of the Standards when circumstances such as topography, natural
obstructions, hardship, aesthetic or environmental considerations require, but only in
accordance with duly adopted rules and circumstances dictate and no variance shall (a) be
effective unless in writing, (b) be contrary to the restrictions set forth in the body of this
Declaration or (c) prevent the committee from denying a variance in other circumstances.
For purposes, of the Section, the inability to obtain approval of any governmental agency, the
issuance of any permit, or the terms of any financing shall not be considered a hardship
warranting a variance.
Section 5. Review and Control by the Architectural Board. No building, fence, garage,
swimming pool or other structure shall be erected, placed or altered nor shall a building
permit for such improvement be applied for on any unimproved property in the Property until
two (2) complete sets of professionally drawn and prepared building plans and elevations,
specification, and site plan (showing the proposed location of such building, drives and
parking areas), shall have been reviewed and approved in writing by the Architectural
Review Board. In reviewing such materials, the Architectural Review Board shall consider
such things as aesthetic appearance, harmony with surrounding improvements, compliance
with this Declartion and any additional criteria adopted by the Architectural Board as part of
the Standards. Approval or Disapproval of plans, locations or specifications may be based by
the Architectural Board upon any ground incorporated within the Standards including purely
aesthetic considerations, which in the sole and uncontrolled discretion of the Architectural
Board shall be sufficient. No painting, staining, changes in color, finish materials or
5 07SN0385-NOV19-BOS-RPT
alteration to the exterior facade of any structure shall be undertaken until approval has been
obtained in writing from the Architectural Board. This provision shall not apply to repainting
the same color.
No completed structure shall be deemed to be incompliance with these Covenants unless and
until a Certificate of Compliance has been issued by the Architectural Board.
Section 6. Application Fees. The Board of Directors of the Association shall have the right
to set and charge a fee for applications for home improvement alterations, construction of
accessory structures, garages, swimming pools or fences to defray architectural review costs.
Applications for new home construction are excluded from this provision.
Section 7. Entry on a Property. The Architectural Board or any of its representatives shall
have the right to enter any improved Lot or unimproved Lot within the Property for the sole
purpose of determining compliance with these covenants and the Standards, and with
decisions of the Architectural Board, pending or completed, which affect that property.
Entering a property for this purpose shall not be deemed a trespass.
III. ENVIRONMENTAL COVENANTS
In order to protect the natural beauty of the vegetation, topography or other natural features
within the Property the following environmental controls are hereby established.
Section 1. Excavation. Topographic and vegetational characteristics of any property within
the Property shall not be altered by removal, reduction, cutting, excavation or any other
means without the prior written approval of the Architectural Board. Written approval will
be granted for the minimum amount of each movement and vegetation reduction required,
and plans and specifications approved pursuant to the provisions of Section 2, of this Article.
Provided, however, all Lots shall be cleared of obnoxious vegetation, debris and underbrush
with all cleared areas mulched, seeded or sodded.
Section 2. Trees. To the extent reasonably practical, the clearing of mature trees on Lots
shall be limited to those areas required to accommodate the residence to be constructed
thereon and its normal and customary accessories, open front yard areas and those limited
areas required to permit utility services and driveways. No trees measuring six (6) inches in
diameter at a point two (2) feet above ground level which are located more than ten (10) feet
away from the residence or structural constructed on the Lot, shall be removed without the
prior written approval of the Architectural Board.
Section 3. Landscaping. Every Lot will be required to have a minimum amount of added
landscape materials and planting as established by the Architectural Board in the Standards.
Any significant plantings of trees or shrubs intended to act or resulting as a screen between
properties or Lots within the Property must be first approved by the Architectural Board.
6 07SN0385-NOV19-BOS-RPT
Section 4. Drama e. In order to prevent excessive "runoff ' or drainage of any Lot, the
Declarant hereby reserves the right for itself and the Architectural Board to establish a
maximum percentage of land within each Lot which may be covered by a building, patio,
driveway or other structure. In the establishment of such a percentage of Lot coverage, the
Declarant or the Architectural Board may consider topography, percolation, soil types and
condition, vegetation coverage and other relevant environmental factors.
Section 5. Erosion Control. The Declarant shall have the right, and hereby reserves an
easement for itself and the Association, to enter upon any Lot whether improved or
unimproved for the purpose of performing necessary grading, landscaping work or
constructing and maintaining erosion prevention devices. The Declarant shall have the right,
and hereby reserves an easement for itself and the Association, to enter onto any unimproved
Lot within the Property to implement effective insect, reptile and woods fire control for the
purpose of mowing, removing, clearing, cutting or pruning underbrush, weeks or other
unsightly growth which, in the opinion of the Declarant or the Association, detracts from the
overall beauty, setting or safety of the Property. The cost of this vegetation control shall be
kept as low as reasonably practical and shall be paid by the Lot Owner of the property upon
which such work is performed. Prior to entering upon any property to undertake such
maintenance or erosion control work, the Declarant or the Association shall first give the Lot
Owner of such property written notice that such work must be performed within thirty (3 0)
days after the date of delivery of the notice, or such shorter period as required by Declarant
or Board of Directors if an emergency exists, or a shorter period as otherwise deemed
reasonably necessary. Only if the Lot Owner fails to take appropriate corrective action
within such thirty (30) days or shorter period, shall the Declarant or the Association take
such action. The cost of any work undertaken by the Declarant or the Association shall be
paid by the Lot Owner of the Lot and shall be deemed to be an assessment to remedy
unsightly conditions giving rise to the lien thereof. Entrance upon any Lot within the
Property by the Declarant or the Association for such purposes shall not be deemed to be a
trespass but, rather, an easement as reserved above for such purposes by the Declarant for
the Declarant and the Association.
IV. REQUIRED IMPROVEMENTS AND RESTRICTIONS
Section 1. Mailboxes and Post Lamps. Every improved Lot in the Property shall be required
to have a mailbox with supporting post, and a post lamp of design and installation as
specified in the Standards. Each Lot owner shall be responsible for the maintenance and
operation of the fixture, support thereof.
Section 2. Parkin. Each property owner shall provide space for the parking of automobiles
off public streets prior to the occupancy of any building or structure constructed on said
property in accordance with the Standards.
Section 3. Ste. No signs shall be erected or maintained on any property by anyone
including, but not limited to, the owner, a realtor, a contractor or subcontractor except as
provided for in the Standards, or except as maybe required by legal proceedings.
7 07SN0385-NOV19-BOS-RPT
Residential property identification and like signs not exceeding a combined total of more
than one (1) square foot may be erected without the written permission of the Declarant or
the Association.
Section 4. Condition of Ground. It shall be the responsibility of each property owner and
tenant to prevent the development of any unclean, unsightly, or unkempt conditions of
buildings or grounds on such property which shall tend to substantially decrease the beauty
of the neighborhood as a whole or specific area.
Section 5. Residential Use.
a. All lots shall be used for residential purposes exclusively. The use of a portion of a
dwelling on a Lot as an office by the owner or tenants thereof shall be considered a
residential use if such use does not create customer or client traffic to and from the
Lot. No structure, except as herein after provided shall be erected, altered, placed, or
permitted to remain on any Lot other than one (1) detached single family dwelling
and one (1) accessory building which may include a detached private garage,
provided the use of such accessory building does not overcrowd the site and provided
further, that such building is not used for any activity normally conducted as
business. Such accessory building may not be constructed prior to the construction of
the main building.
b. A guest suite or like facility without a kitchen may be included as p art of the main
dwelling or accessory building, but such suite may not be rented or leased except as
part of the entire premises including the main dwelling, and provided, however, that
such suite would not result inover-crowding the site.
c. The provisions of this paragraph shall not prohibit the Declarant from using a house
and model provided in this Declaration.
Section 6. Exterior Structure Completion. The exterior of all houses and other structures
must be completed within one (1) year after the construction of same shall have commenced,
except where such completion is impossible or would result in great hardship to the owner or
builder due to the strikes, fires, national emergency, or natural calamities. Houses and other
dwelling structures may not be temporarily or permanently occupied until the exteriors
thereof have been completed. During the continuance of construction the owner of the Lot
shall require the contractor to maintain the Lot in a reasonable clean and uncluttered
condition.
Section 7. Screened Areas. Each Lot owner shall provide a screened area to serve as a
service yard and an area in which garbage receptacles, fuel tanks or similar storage
receptacles, electric and gas meters, air conditioning equipment, clotheslines, and other
unsightly objects much be placed or stored in order to conceal them from view from the road
and adjacent properties. Plans for such screened area delineating the size, design, texture,
8 07SN0385-NOV19-BOS-RPT
appearance, and location must be approved by the Architectural Board prior to construction.
Garbage receptacles and fuel tanks may be located outside of such screened area only if
located underground.
Section 8. Vehicle Storage. No mobile home, trailer, tent, barn, or other similar out-
building or structure shall be placed on any Lot at any time, either temporarily or
permanently. Boats, boat trailers, campers, recreational vehicles, or utility trailers may be
maintained on a Lot, but only when an enclosed or screened area approved by the
Architectural Board so that they are not generally visible from adjacent properties.
Section 9. Temporary Structures. No structure of a temporary character shall be placed
upon any Lot at any time, provided, however, that this prohibition shall not apply to shelter
or temporary Structures used by the contractor during the construction of the main dwelling
house, it being clearly understood that these latter temporary shelters may not, at any time,
be used as residences or permitted to remain on the lot after completion of construction. The
design and color of structures temporarily placed on the Lot by a contractor shall be subject
to reasonable aesthetic control by the Architectural Board.
Section 10. Antennas. No television antenna, radio receiver, satellite dish, or sender, or
other similar device shall be attached to or installed on the exterior portion of any building or
structure on any Lot except that should cable television services be unavailable and good
television reception not be otherwise available and except as permitted by law, a Lot owner
may make written application to the Association for permission to install a television
antenna and such permission shall not be unreasonably withheld.
Section 11. Further Subdivision. No lot shall be subdivided, or its boundary lines changed,
except with the written consent of the Declarant. However, the Declarant hereby expressly
reserves to itself, its successors, or assigns, the right to replat any Lot or Lots owned by it
and shown on the plat of any subdivision within the Property, in order to create a modified
building Lot or Lots; and to take such other steps as are reasonably necessary to make such
replatted Lot suitable and fit as a building site including, but not limited to, the relocation of
easements, walkways, rights of way, private roads, bridges, parks, recreational facilities and
other amenities to conform to the new boundaries of said replatted Lots, provided that no Lot
originally shown on the first plat of the subdivision section recorded in the Clerk's Office.
The provisions of this paragraph shall not prohibit the combining of two (2) or more
continuous Lots into one (1) larger Lot. Following the combining of two (2) or more Lots
into one (1) larger Lot, only the exterior boundary lines of the resulting larger Lot shall be
considered in the interpretation of these covenants.
Section 12. Animals. Only common household pet animals shall be permitted within the
Property. All pet animals must be secured by a leash or lead, or under the control of a
responsible person and obedient to that person's command at any time they are permitted
outside a residence or other enclosed area upon a Lot, approved by the Architectural Board
for the maintenance and confinement of pet animals. No livestock, including cattle, horses,
sheep, goats, pigs, or poultry shall be permitted upon any Lot. After giving a Lot owner
9 07SN0385-NOV19-BOS-RPT
written notice of complaint and reasonable opportunity to remedy the situation, the Board of
Directors may order the removal of any pet from the Property which has become a nuisance
or a danger.
Section 13. Motor Bikes, All Terrain Vehicles. No motor bikes, motorcycles or all terrain
vehicles shall be driven upon the Property, Common Area, Lots or roads (unless properly
licensed on roads) within the Property, with the exception of licensed vehicles and mopeds
which shall be operated solely upon the public streets, within the Property for direct ingress
and egress purposed only.
Section 14. External Lighting. No external lighting shall be installed or utilized on any
property within the Property other than Recreational Facilities which is of such character,
intensity or location as to interfere with the use, enjoyment and privacy of any Lot in the
near vicinity. No neon or flashing lights shall be permitted. All external lighting shall be
approved by the Architectural Board as appropriate, in size, location, color and intensity.
Section 15. Swimmin.~ Pools. No swimming pool above ground shall be permitted and no
in ground pool, shall be installed upon any Lot without the prior written consent of the
Architectural Board which shall require that all swimming pools be adequately screened
from the view of adj acent Lots and streets.
Section 16. Rules and Re ulations. The Board of Directors is granted and shall have the
power to promulgate rules and regulations, from time to time, governing the use of and
activity upon the Common Area and the Recreational Facilities (if the Recreational Facilities
are owned or leased by the Association). All rules and regulations promulgated by the Board
of Directors shall be published and distributed to each member of the Association at least
thirty (30) days prior to their effective date.
GENERAL INFORMATION
Location:
East line of VVinterpock Road, north of Springford Parkway and west line of
Summercreek Drive across from Summercreek Place. Tax ID 722-661-8707.
Existing Zoning:
A
Size:
8.2 acres
Existing Land Use:
Vacant
10 07SN0385-NOV19-BOS-RPT
Adjacent Zoning and Land Use:
North and South - A and R-12; Single family residential or vacant
East - R-12; Single family residential or vacant
West - A; Single family residential on acreage parcels or vacant
T ITTT ,TTTF,~
Public Water System:
There is an existing sixteen (16) inch water line extending along the east side of
Winterpock Road, adjacent to this site. In addition to the sixteen (16) inch line, an eight
(8) inch water line extends along the east side of Summercreek Drive, adjacent to a
portion of the eastern boundary of this site. The public water system is available to serve
this site. Use of the public water system is recommended by the Upper Swift Creek Plan
and has been proffered. (Proffered Condition 1)
Public Wastewater System:
There is an existing eight (8) inch wastewater collector line extending along a portion of
Summercreek Drive and terminates approximately loo feet east of this site. The Upper
Swift Creek Plan recommends use of the public wastewater collector system. Use of the
public wastewater system has been proffered. (Proffered Condition 1)
ENVIRONMENTAL
Drainage and Erosion:
Property drains to the east through Summerford Subdivision to Lake Summerford. There
are currently no on- or off site drainage or erosion problems and not anticipated after
development. The property is wooded and as such should not be timbered without
obtaining a land disturbance permit from the Department of Environmental Engineering
and the appropriate devices being installed (Proffered Condition 4). This will ensure that
adequate erosion control measures are in place prior to land disturbance.
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 of
this request analysis.
11 07SN0385-NOV19-BOS-RPT
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 eight (8) dwelling units, this request will generate
approximately one (1) call for fire and emergency medical service each year. The
applicant has addressed the impact on fire and EMS. (Proffered Condition 2)
The Winterpock Fire Station, Company 19, 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.
~ch~~l~:
Approximately four (4) (Elementary: 2, Middle: 1, High: 1) students will be generated by
this development. This site lies in the Spring Run Elementary School attendance zone:
capacity - 943, enrollment - 786; Bailey Bridge Middle School zone: capacity - 1,521,
enrollment - 1,623; and Manchester High School zone: capacity - 2,107, enrollment -
2,033. The enrollment is based on October 1, 2007 and the capacity is as of 2006-2007.
This request will have an impact on schools. There are currently twelve (12) trailers at
Spring Run and five (5) at Manchester High.
Tomahawk Creek Middle School is scheduled to open this fall. The new middle school
will provide relief for schools in this area of the county. This area of the county continues
to experience growth and this school, will provide much needed space.
This case combined with other residential developments and zoning cases in the area will
continue to push these schools over capacity, necessitating some form of relief in the
future. The applicant has addressed the impact of the development on schools. (Proffered
Condition 2)
T,ihraries:
Consistent with the Board of Supervisors' Policy, the impact of development on library
services is assessed countywide. Based on projected population growth, the Chesterfield
County Public Facilities Plan (2004) identifies a need for additional library space
throughout the County. Development could affect either the existing Clover Hill Library
or a proposed new facility in the vicinity of Beach and Winterpock Roads. The Plan
identifies a need for additional library space in this area. The applicant has offered
measures to assist in addressing the impact of this development on library facilities.
(Proffered Condition 2)
12 07SN0385-NOV19-BOS-RPT
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) new regional parks, seven (7)
community parks, twenty-nine (29) neighborhood parks and five (5) community centers
by 2020. In addition, the Public Facilities Plan identifies the need for ten (10) new or
expanded special purpose parks to provide water access or preserve and interpret unique
recreational, cultural or environmental resources. The Plan identifies shortfalls in trails
and recreational historic sites. The applicant has offered measures to assist in addressing
the impact of this development on Parks and Recreation facilities. (Proffered Condition
2)
Transportation:
The property is located on the east side of Winterpock Road just north of the Springford
Parkway intersection. The applicant is requesting rezoning from Agricultural (A) to
Residential (R-12) and has proffered a maximum density of eight (8) lots (Proffered
Condition 3). Based on single-family trip rates, development of the property could
generate approximately 100 average daily trips. These vehicles will initially be
distributed along Winterpock Road, which had a 2005 traffic count of 8,522 vehicles per
day. Based on the volume of traffic it carried during peak hours, Winterpock Road was at
capacity. (Level of Service E)
The Thoroughfare Plan identifies Winterpock Road as a maj or arterial with a
recommended right of way width of ninety (90) feet; however, included in the proposed
amendment to the Upper Swift Creek Plan is a recommendation to increase the
recommended right-of way width for Winterpock Road to 120 feet. Staff has determined
that this section of Winterpock Road will need to be six (6) lanes to accommodate traffic
volumes at total build out. A 120 foot wide right of way is required to construct a six (6)
lane facility. The applicant has proffered to dedicate sixty (60) feet of right-of way on
the west side of Winterpock Road, measured from the centerline, in accordance with this
recommendation. (Proffered Condition 6)
Access to major arterials, such as Winterpock Road, should be controlled. The property
was planned to be accessed from Summer Creek Drive in the Summerford Subdivision.
The applicant has proffered no direct vehicular access from the property to Winterpock
Road. (Proffered Condition 5)
The traffic impact of this development must be addressed. The applicant has proffered to
relocate the ditch along Winterpock Road to provide an adequate shoulder for the entire
property frontage.
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. Traffic generated by this development will travel along
Winterpock Road. Sections of Winterpock Road have little or no shoulders, fixed objects
adjacent to the edge of pavement, and poor vertical and horizontal alignments. The
13 07SN0385-NOV19-BOS-RPT
applicant has proffered to contribute cash, in an amount consistent with the Board of
Supervisors' Policy, towards mitigating the traffic impact of this development.
(Proffered Condition 2)
Cash proffers alone will not cover the cost of the road improvements needed in this area.
There are no projects in this area currently included in the Six-Year Improvement
Pro ram. The county has a proj ect to reconstruct McEnnally Road between VVinterpock
Road and Spring Run Road. Construction is anticipated in summer of 2008.
During tentative subdivision review, specific recommendations will be provided
regarding stub road rights-of way to adjacent properties and the proposed internal street
network.
Financial Imbact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 8 ~ 1.00
Population Increase 21.52 2.69
Number of New Students
Elementary 1.76 0.22
Middle 0.8 8 0.11
High 1.28 0.16
TOTAL 3.92 0.49
Net Cost for Schools $65,184 $8,148
Net Cost for Parks 9,040 1,130
Net Cost for Libraries 2,032 254
Net Cost for Fire Stations 4,448 556
Average Net Cost for Roads 110,968 13,871
TOTAL NET COST $191,672 $23,959
* Based on a proffered maximum of eight (8) lots (Proffered Condition 3). The actual number of
lots and corresponding impact may vary.
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 Adopted Capital
Improvement Program and further detailed by specific departments in the applicable sections of
this request analysis.
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
14 07SN0385-NOV19-BOS-RPT
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 per
dwelling unit to address the development's impact on capital facilities (Proffered Condition 2).
This proffer increases the amount offered per dwelling unit since the Commission's consideration
of this case.
Note that circumstances relevant to this case, as presented by the applicant, have been reviewed
and it has been determined that it is appropriate to accept the maximum cash proffer in this case.
T , ANTI T TCF,
Comprehensive Plan:
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 2.2 units per acre or less.
Area Development Trends:
Area properties are zoned Agricultural (A) and Residential (R-12) and are occupied by
single family residential use within the Summerford Subdivision, on acreage parcels or
are vacant.
Comparable Lot Sizes, Densities and Sole Access:
As noted, the request property fronts on Summercreek Drive within the adjacent
Summerford Subdivision. Sole access from the request property is proposed along
Summercreek Drive through Summerford Subdivision, Section A. Typically, new lots
developed with sole access through an existing subdivision share an identity with the
adjacent subdivision and should have comparable lot sizes and densities to ensure
compatibility between the two (2) developments. As such, a maximum of eight (8)
dwelling units is proposed, yielding a density of approximately 0.98 units per acre
(Proffered Condition 3). In addition, lots would be required to have a minimum area of
34,425 square feet (Proffered Condition 10). Lots within Summerford in the vicinity of
the request property yield an average lot size of approximately 34,425 and a density of
approximately 1.14 units per acre.
15 07SN0385-NOV19-BOS-RPT
House Sizes and Foundation Treatments:
Proffered conditions address minimum house sizes and foundation treatments (Proffered
Conditions 7 and 8). Recent amendments to Proffered Condition 7 increase minimum
required house sizes to 2,500 square feet of gross floor area for one (1) story dwelling
and to 3,000 square feet of gross floor area for dwellings with more that one (1) story.
Restrictive Covenants:
Proffered Condition 9 requires restrictive covenants as shown in Exhibit A to be recorded
with the recordation of any subdivision plat for the request property. This condition was
revised since the Commission's consideration of this request to reference an updated
version of covenants that will be recorded. It is important to note that the County only
ensures that the covenants are recorded and is not responsible for enforcement of the
covenants. Once the covenants are recorded, they may be changed.
Garages:
Proffered Condition 12 precludes front loaded garages.
Tree Preservation:
Proffered Condition 13 requires a tree preservation strip, inclusive of setbacks, adjacent
to certain parcels. This tree preservation strip will be included within the limits of the
proposed lots. It has been Staff s experience that individual homeowners clear these areas
resulting in a zoning violation in that individual lot. The retention of trees within this strip
will be difficult, if not impossible, for the County to enforce. Therefore, Staff
recommends Proffered Condition 13 not to be accepted. Furthermore, this tree
preservation strip will be inclusive of setbacks creating the potential for homeowners not
to have a usable yard. At a minimum the tree preservation strip should be Exclusive of
yar requirements.
CONCLUSION
The proposed zoning and land use conform to the Upper Swift Creek Plan which suggests the
request property is appropriate for residential use of 2.2 units per acre or less. As noted herein, the
applicant has proffered a maximum of eight (8) dwelling units yielding a density of approximately
0.98 units per acre which is comparable to lots within the Summerford Subdivision through which
sole access for this development is proposed.
The proffered conditions adequately address the impacts of this development on necessary capital
facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs for
roads, schools, parks, libraries and fire stations is identified in the Public Facilities Plan, the
Thoroughfare Plan and the Capital Improvement Program, and the impact of this development is
discussed herein. The proffered conditions mitigate the impact on capital facilities, thereby insuring
adequate service level are maintain and protecting the health, safety and welfare of County citizens.
16 07SN0385-NOV19-BOS-RPT
The tree preservation strip proposed within the limits of individual lots will be difficult, if not
impossible, for the County to enforce. It has been Staff's experience that individual homeowners
often clear these areas resulting in a zoning violation on that individual lot.
Given these considerations, approval of this request is recommended, except that Proffered
Condition 13 should not be accepted.
CASE HISTORY
Planning Commission Meeting (10/16/07):
On their own motion, the Commission deferred this case to their December 18, 2007,
public hearing.
Staff (10/17/07)
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than October 22, 2007, for consideration at the
Commission's December 18, 2007, public hearing.
Staff (11 / 14/07)
To date, no new or revised information has been submitted.
Applicant (12/17/07):
Revisions to proffered conditions were submitted.
Planning Commission Meeting (12/18/07):
At the request of the applicant, the Commission deferred this case to their regularly
scheduled March, 2008, public hearing.
17 07SN0385-NOV19-BOS-RPT
Staff (12/19/07):
The applicant was advised in writing that any significant new or revised information
should be submitted not later than January 7, 2008, for consideration at the Commission's
March, 2008, public hearing.
In addition, the applicant was advised that a $250.00 deferral fee must be paid prior to the
March, 2008, public hearing.
Applicant (1/29/08):
The deferral fee was paid.
Planning Commission Meeting (3/18/08):
At the request of the applicant, the Commission deferred this case to their May 20, 2008
public hearing.
Staff (3/19/08):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than March 26, 2008, for consideration at the Commission's
May 20, 2008 public hearing.
In addition, the applicant was advised that a $250.00 deferral fee must be paid prior to the
Commission's May meeting.
Staff (4/10/08):
To date, no new or revised information has been received nor has the deferral fee been
pai .
Applicant (5/19/08):
The deferral fee was paid.
18 07SN0385-NOV19-BOS-RPT
Planning Commission Meeting (5/20/08):
The applicant accepted Staffs recommendation, but did not accept the Planning
Commission's recommendation. There was opposition present expressing concerns
relative to drainage, additional traffic within the Summerford development and on
Winterpock Road, and relative to whether the development will become a legal,
covenanted part of Summerford.
Mr. Bass stated he would not support the request because it will result in additional traffic
on VVinterpock Road which is already over crowded.
Mr. Hassen expressed concern that the proposed development would have access through
Summerford but no agreement had been reached to require the new development to
become a legal part of the Summerford development.
On motion of Mr. Bass, seconded by Mr. Hassen, the Commission recommended denial
of the request.
AYES: Messrs. Gulley, Bass and Hassen.
NAYS: Messrs. Brown and Waller.
Applicant (6/19/08):
Revisions to proffered condition and Exhibit A were submitted.
Board of Supervisors' Meeting (6/25/08):
At the request of the applicant, the Board deferred this case to their September 24, 2008
public hearing.
Staff (6/27/08):
The applicant was advised in writing that any new or revised information should be
submitted no later that July 9, 2008, for consideration at the Board's September 24, 2008
public hearing.
In addition, the applicant was advised that a $250.00 deferral fee must be paid prior to the
Board's September 24, 2008 public hearing.
Staff (8/22/08):
To date, the deferral fee has not been paid.
19 07SN0385-NOV19-BOS-RPT
Applicant (9/9/08):
The deferral fee was paid.
Applicant (9/23/08):
Additional proffered conditions were submitted.
Board of Supervisors Meeting (9/24/08):
The applicant did not accept Staff s recommendation for remand, but rather requested a
sixty (60) day deferral. There was support present for the deferral.
Ms. Durfee indicated that since the applicant and area property owners were attempting
to resolve issues, there was no reason to remand at this time.
At the request of the applicant, the Board deffered this case to their November 19, 2008
public hearing.
Staff (9/26/08):
The applicant was advised in writing that any new revised information should be
submitted no later than September 29, 2008, for consideration at the Board's November
19, 2008 public hearing.
In addition, the applicant was advised that a $1,000.00 deferral fee must be paid prior to
the Board's November 19, 2008 meeting.
Staff (10/27/08):
No new or revised information ahs been received nor has the deferral fee been paid.
The Board of Supervisors, on Wednesday, November 19, 2008, beginning at 6:30 p.m., will take
under consideration this request.
20 07SN0385-NOV19-BOS-RPT
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