02SN0178-June26.pdf· ~ ..... , .... CPC
~'"'~ 2092 CPC
June 26, 2002 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
02SN0178
J. Mark Sowers
Clover Hill Magisterial District
North line of Genito Road
REQUEST: Rezoning from Agricultural (A) to Residential (R-12).
PROPOSED LAND USE:
A single family residential subdivision having a minimum lot size of 12,000 square
feet is planned. The property has the potential to be developed for approximately
215 lots.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 9.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land use conform to the Powhite/Route 288 Development
Area Plan which suggests the property is appropriate tbr residemial use of 1.51 to
4.0 units per acre.
The proposed zoning and land use are representative of existing and anticipated
development.
Providing a FIRST CHOICE CommuniO, Through Excellence in Public Service.
The proffered conditions address the impacts of this development on necessary
capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan.
Specifically, the needs for schools, parks, libraries and fire stations is identified in
the County's adopted Public Facilities Plan, the Thoroughfare Plan and FY 2002-
2007 Capital Improvement Program and the impact of this development is
discussed herein. The proffered conditions adequately mitigate the impact on
capital facilities, thereby insuring adequate service levels are maintained and
protecting the health, safety and welfare of County citizens.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER 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 TIlE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC)
1. Public water and wastewater systems shall be used. (U)
(STAFF/CPC) 2.
A pedestrian easement shall be provided from the Property to the Tax
ID 741-691-9338. The exact location of this easement shall be
approved by the Parks and Recreation Department, however such
easement shall be generally located so as not to bisect lots within the
development. This pedestrian easement shall be in addition to those
sidewalks provided in accordance with the Commission's Residential
Sidewalk policy. (P&R)
(STAFF/CPC) 3.
The applicant, subdividor, or assignee(s) shall pay the following to
the County of Chesterfield prior to the issuance of building permits
for infrastructure improvements within the service district for the
property:
a. $7,800.00 per dwelling unit, if paid prior to July 1, 2002; or
The amount approved by the Board of Supe~wisors not to
exceed $7,800.00 per dwelling unit adjusted by m~y increase
in the Marshall and Swift Building Cost Index between July
1,2002, And July 1 of the fiscal year in which the payment is
made if paid after July 30, 2002.
eo
In the event the cash payment is not used tbr the purpose for
which proffered within 1 $ years of receipt, the cash shall be
returned in full to the payor. (B&M)
2 02SN0178-JUNE26-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
Except for timbering approved by the Virginia State Department of
Forestry fbr the purpose of removing dead or diseased tress, 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)
The outfalls that drain from this property to either Clarendon or Lake
Genito subdivisions will be analyzed through the first road crossing
for 100-year floodplains and backwaters, 1 O-year containment of any
manmade channels, and compliance with VDOT culvert criteria, In
cases where manmade channels do not contain 10-year storms or
complim~ce is not obtained for road crossing or floodplains, onsite
retention/detention or other means will be utilized to ensure existing
criteria is met.
Note: Sheet flow from this property to adjacent subdivisions will be
addressed at the time of tentative subdivision submittal. (EE)
With the exception of a public road connection to Brookforest Road,
no public road connections shall be provided from the subject
property to Lake Genito or Clarendon Subdivisions. An emergency
access shall be provided to Hottinger Drive within Lake Genito
Subdivision. This access shall be constructed to acconm~odate access
in case of emergency (support fire and rescue vehicles) and shall be
gated to preclude its use other than by emergency vehicles,
pedestrians or bicycles. The exact design and maintenance provisions
of this access shall be reviewed and approved by the Fire Department
atthe time of tentative subdivision review. (P & F)
Except as noted herein, all lots adjacent to Lake Genito and
Clarendon Subdivisions shall have a minimum lot size of 15,000
square feet and an additional twenty-five (25) foot rear setback for
dwellings from the property lines that adjoin the Lake Genito and
Clarendon Subdivisions. If any portion of the subject property is
combined with an adjacent lot that is located in the Lake Genito and
Clarendon Subdivisions, lots adjacent to those lots in the Lake Genito
and Clarendon Subdivisions shall comply with the R- 12 requirements
of the Zoning Ordinance. (P)
The gross floor area for all dwelling units shall be 1,700 square feet
except for dwelling units with more than one-story which shall have a
gross floor area of 1,850 square feet. (P)
3 02SN0178-JUNE26-BOS
(STAFF/CPC
(STAFF/CPC
(CPC)
(CPC)
(STAFF/CPC
10.
11.
12.
13.
The existing cemetery shall not be relocated. The boundaries of such
cemetery shall be physically identified by permanent markers. Access
shall be provided to the cemetery, the exact location to be approved
by the Plmming Department at the time of tentative subdivision plan
review. (P)
Curb and gutter shall be used on all streets. (EE)
The fbundations of all dwelling units shall be faced with brick veneer.
Exposed piers supporting front porches shall be faced with brick or
brick veneer. (BI)
Chimneys shall be laced with brick or brick veneer. (BI)
At a minimum, the fbllowing restrictive covenants shall be recorded
prior to, or in conjunction with, the recordation ora subdivision plat.
(P)
Part of Tax ID #741687654700000
DECLARATION OF RESTRICTIONS AND CONDITIONS
WALNUT GROVE
THIS DECLARATION OF RESTRICTIONS AND
CONDITIONS made this
7th day of March, 2002, by OAKBRIDGE CORPORATION, J.
Mark Sowers, President.
KNOW ALL MEN BY THESE PRESENTS: THAT THE
UNDERSIGNED,
J. Mark Sowers, President of Oakbridge Corporation, as the owner of
PARCEL A (to be known as Walnut Grove), as shown on plat dated
by Burruss Land & Survey Company,
recorded , in PB ., Page __., in the
Clerk's Office, Circuit Court, Chesterfield County, Virginia, is held
subject to the conditions, covenants, limitations, requirements,
reservations and charges as follows:
An Architectural Review Committee, hereafter called "ARC",
shall be comprised of J. Mark Sowers, his heirs, personal
representatives, successors, and assigns. The ARC shall
coordinate each residence and lot and generally coordinate the
development, construction and planning of the lots in Walnut
Grove according to the specifications set fbrth in
'~Architectural Review, Walnut Grove", attached hereto as
Exhibit A and made a part hereof.
4 02SN0178-JUNE26-BOS
No building, structure or alteration or improvement thereto of
any character, other than internal alterations, shall be
constructed upon any lot hereby conveyed, nor shall any lot be
subdivided, or altered (the term "altered" shall include: (a)
removal of live trees, (b) grading or locating driveways or
entranceways, (c) filling, or (d) any kind or tyloe of
construction whether temporary or pemnanent unless and antil
such plans, specifications and landscaping lay-out for the
same have been approved in writing by the ARC, as to (a)
quality of workmanship and material types, (b) external
design and appearance, (c) location of improvements and
overall landscaping, and (d) color scheme.
All easements along road frontage, lot lines, ttu'ough lots and
cormnon areas as shown on alt subdivision plats of Walnut
Grove, are hereby reserved unto the developer, his personal
representatives, heirs, assigns, or agents, tbr the purpose of
access, drainage or furnishing light, telephone, landscaping,
signage or any utility to the property.
All lots shall be used for residential purposes only, and there
shall not be erected on any one lot, as such lot may be
prescribed and designated on said subdivision plat, more than
one detached, single family dwelling house, and the necessary
outbuildings suitable therefore. All homes shall have the
following minimum of heated finish floor area exclusive of
basements and garages:
-Two story homes, minimum of 1850 square feet
-One story homes, minimum of 1700 square feet
-Cape Cod style homes cannot count unfinished space to meet
minimum square footage requirements
No building shall be located on any lot nearer to any street or
to a side tine than is permitted under the applicable local
zoning ordinance in effect at the time such building is
constructed. Fences or walls not constituting a part of a
building shall be approved by the ARC, and no fences or
walls not constituting a part of a building shall be erected,
placed or altered on any lot nearer to any street than the
minimum exterior set back line but in no case shall it extend
farther fo~wvard than the rear of the house except with the
prior approval of the ARC.
5 02SN0178-JUNE26-BOS
No animals, including without limitation, rabbits, livestock,
or poultry of any kind shall be allowed on any lot except that
dogs, cats or normal household pets may be kept thereon in
nunrbers not exceeding those permitted by law provided they
are not kept, bred, or maintained for any commercial
purposes, and must be kept under control of their ounrer when
outside owner's premises, nor constitute a nuisance in the
opinion of the ARC, his successors or assigns, however, no
vicious animals, including, but not limited to, dogs such as
Rottweilers, Pit Bulls, Dobermans, etc., will be allowed to be
kept on any lot for any period of time under any
circumstances. No dog or cat kennels, rabbit hutches or
pigeon lofts, temporary or permanent, shall be erected except
fbr normal household pets.
No structure of a temporary character, trailer, motor home,
basement, tent, shack, garage, barn or other outbuilding shall
be used on any lot at any time as a residence, either
temporarily or permmrently. Motor homes, recreational
vehicles, boats, and vehicles under repair shall not be visible
fi'om the street for a period exceeding 24 hours. Any
screening of such vehicles must be approved by the ARC.
No noxious or offensive activity shall be carried on upon any
lot, nor shall anything be done thereon which may become an
am~oyance or nuisance to the neighborhood. No use shall be
made of any lot which will depreciate or adversely affect the
value of the surrounding lots or of the neighborhood.
All lot owners shall tal~e care not to disturb or siltate
shoulders, backslopes, ditches, pavement, curb and gutter,
driveway culverts, or any other improvements within the
public right of way, or county easement. Each lot owner
agrees to be responsible for disturbances, and siltation caused
by themselves, their employees, suppliers, contractors, or
others and shall have 14 days ii-om the receipt of a letter from
the ARC to correct the damage. If a lot owner fails to
properly correct the damage in a workman-like manner, then
the ARC or developer will correct the damage and bill the lot
owner directly on a cost plus 50% (percent) basis. Lot owner
hereby agrees to make payment within 30 days of presentation
of bill. A 2% per month (24% per annum) service charge
shall be applied to bills after 30 days of presentation.
6 02SN0178-JUNE26-BOS
10.
11.
12.
13.
Developer hereby makes notice to all owners to check with
the Chesterfield Planning Department about future and
potential development of adjacent and area properties prior to
purchase.
Any one or more of these conditions, covenants, limitations,
charges and proprietary requirements imposed herein or any
subsequent amendments or future covenants and their
conditions, covenants, limitations, charges and proprietary
requirements may be amended waived, modified, or
rescinde& in whole or in part, by written instrument signed by
J. Mark Sowers.
J. Mark Sowers shall have the right to anmnd these covenants
or any future covenants or amendments of such covenants as
the case may be without limitation in his sole discretion
except that the concurrence of J. Mark Sowers will not be
necessary after the last lot has a house, built and occupied,
upon it, or whenever J. Mark Sowers assigns his rights to
another party. J. Mark Sowers reserves the right to assign any
and all rights herein to the homeowners of Walnut Grove and
at such time of notification, the homeo~mers shall hereby
accept such assignment as part of these covenants, without
return notice of verification of such.
Invalidation of any of these covenants and conditions by court
adjudication or otherwise shall in no way modify, affect or
invalidate any of the other covenants and conditions contained
herein, which shall remain in full force and effect.
Each and every covenant and condition herein imposed may
be enfurced by the undersigned or by the owner of any lot by
appropriate proceedings at law or in equity against any party
violating or attempting or threatening to violate the same to
prevent or rectify such violation and/or recover damages
therefore. The failure of any owner or the undersigned to
bring any such proceeding shall not be considered as a waiver
of any rights at law or in equity that any such party may have
for past or future violation of any covenant herein contained.
These covenants and conditions are to run with the land and
shall be binding upon subsequent owner or owners mad alt
parties claiming through or under such owner or owners for a
period of thirty (30) years from the date these covenants are
7 02SN0178-JUNE26-BOS
recorded, after which time said covenants shall be
automatically extended for successive periods of ten (t0)
years anless an instrument signed by a majority of the then
owners of the lots has been recorded, revoking said
covenants, or agreeing to change said covenants in whole or
in part.
EXHIBIT
ARCHITECTURAL REVIEW OF WALNUT GROVE
Full Architectural approval shall be a two-part process:
Two sets of plans shall be submitted and approved by
ARC prior to construction. Plans shall include:
-site plan and landscape plan
-cross section details
-porch and railing details
All construction (including fences, walls and
outbuildings) must be approved prior to construction.
Final check of the actual construction prior to
occupancy to insure that the architectural guidelines
have been met.
GUIDELINES
Foundation & Brick
All foundations shall be brick
Stoops & Walks
Front decks shall be supported by 12"x 12" brick columns
Front stoop shall be a minimum 4'x6'
Front rails, columns, and pickets shall be painted
Siding and Roofing
Vinyl siding
20 year roof shingles
Front and rear overhangs shall be a minimum of 6 inches
8 02SN0178-JUNE26-BOS
Garages
Front entry garages allowed
Colors
Paint colors to be approved - 2 colors on frame house. No
loud colors allowed, i.e. pink, purple, etc.
Heating/Air Conditioning
Ail air conditioning equipment must be central air
conditioning. No window type air conditioning units will
be allowed.
General
All plans shall be submitted and review by ARC.
ARC can reject any plan on the basis of general
architectural design in its sole discretion.
The Architectural Review Committee (ARC) which consists of J.
Mark Sowers, his successors, heirs or assigns, reserves the right to
modify the above restrictions or any other imposed deed restrictions
in all or part without notice, in addition, the ARC reserves the right
to make special exceptions to these conditions on an individual basis;
however, any special exception(s) shall not be deemed as a waiver of
the restriction(s) as they may apply in the future. (P)
GENERAL INFORMATION
Location:
Off the north line of Genito Road, east of Nahant Road. Tax ID 741-687-Part of 6547
(Sheet 10).
Existing Zoning:
A
Size:
70.5 acres
9 02SN0178-JUNE26-BOS
Existin~ Land Use:
Vacant
Adjacent Zoning and Land Use:
North - R-9; Vacant
South - A, R-9 and R-i2; Single family residential or vacant
East - R-7; Single family residential or vacant
West - R-7 and A; Single family residential or vacant
UTILITIES
Public Water System:
There is an existing twelve (12) inch water line extending along the north side of Genito
Road, approximately 450 feet south of this site. There are existing eight (8) inch water lines
along Brookforest Road, Quito Road and McManaway Drive, in Clarendon Subdivision, that
are accessible from the western boundm?' of this site. In addition, there is an existing eight
(8) inch water line along Clintwood Road, and an existing six (6) inch water line along
Perdido Road, in Lake Genito Subdivision. Both the eight (8) inch and six (6) water lines are
accessible front the eastern boundary of the request site. Depending upon the water pressure,
quantity, and/or quality conditions on this site, connection to two (2) or more of the available
water lines may be necessary. Use of the public water system is intended and has been
proft~red. (Proffered Condition 1)
Public Wastewater System:
There is ma existing forty-two (42) inch wastewater trunk line extending along Falling Creek,
approximately 300 feet north of the request site. In addition, there is an existing eight (8) inch
wastewater collector serving Lake Genito Subdivision, that terminates north of Clintwood
Road, approximately 400 feet northeast of this site, and an existing eight (8) wastewater
collector adjacent to Clintwood Court, approximately 150 feet northeast of the request site.
Use of the public wastewater system is intended and has been proffered. (Proffered Condition
ENVIRONMENTAL
Drainage and Erosion:
The property drains in three (3) directions with the majority draining to the northeast through
Lake Genito Subdivision, recorded inthe early 1970s. A small portion drains directly into
Falling Creek with two other small areas draining into Clarendon Subdivision, which began
development in the mid 1970s. The drainage then flows via small tributaries through both
subdivisions to Falling Creek~
10 02SN0178-JUNE26-BOS
The property is wooded and, as such, should not be timbered until issuance of a land
disturbance permit. This will ensure that adequate erosion control measures are in place
prior to any land disturbance. (Proffered Condition 4)
There are no known on- or off-site erosion problems other than some minor stream
degradation. There are no known on- or off-site, drainage problems however, within the
adjacent subdivisions that developed approximately thirty (30) years ago, many dwellings
were constructed prior to floodplain setbacks, and easements were dedicated on streams that
may not meet today's criteria. As a result, development of this property could cause
downstream drainage problems. Thereibre, all outfhlls should be analyzed to the first road
crossing lbr 100-year floodplains and backwater, ten (l 0) year containment of any manmade
channels, compliance with VDOT criteria at each road crossing and MS-19 (adequate,
natural watercourse). In those cases where mmunade channels do not contain the ten (10)
year storm, or compliance is not obtained for road crossings or floodplains, onsite retention,
detention, or other means must be utilized. (Proffered Condition 5)
Water Quality:
Falling Creek is a perennial stream and therefure, subject to Chesapeake Bay requirements
(Resource Protection Area (RPA).
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the FY 2002-2007 Capital Improvement Pro~ram.
This development will have an impact on these facilities.
Fire Service:
The Public Facilities Plan indicates that emergency services calls are expected to increase
tbrty-five (45) percent by 2015. Eight (8) new fire/rescue stations are recommended
construction by 2015 in the Plan. Based on 215 dwelling units, this request could generate
approximately fifty-five (55) calls for fire and rescue services each year. The applicant has
addressed the impact on fire service. (Proffered Condition 3)
The property is currently served by Wagstaff Fire Station, Company Number 16. 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.
As a result of concerns expressed by area residents, public access has been restricted to the
adjacent Clarendon and Lake Genito Subdivisions thereby permitting only one (1) connection
to the northern-most stub road to the west (Brookforest Drive). As a result, the applicant has
proposed to provide m~ emergency access further south l¥om Hottinger Drive to the east
(Proffered Condition 6). The Fire Department does not support emergency access due to
11 02SN0178-JUNE26-BOS
issues related to maintenance. The exact design and maintenance responsibility will be
approved by the Fire Department during the plans review process. It should be noted that
this emergency access is in addition to the public road access requirements of the
Subdivision Ordinance and is not intended to substitute for any required public road access.
Further, although the proposed public road connection to Brookforest Drive in combination
with access to Genito Road meets Subdivision Ordinance access requirements, the Fire
Department confinues to support maintaining connections to recorded stub roads within the
adjacent subdivisions for improved accessibility in emergency situations.
Schools:
Approximately 114 students will be generated by this development. This site lies in the
Evergreen Elementary School attendance zone: capacity - 825, enrolhnent - 773; Bailey
Bridge Middle School zone: capacity - 1,200, enrollment - 1,583; and Midlothian High
School zone: capacity- 1,625, enrollment- 1,579.
This development will have an impact on the middle school. Currently there are 16 trailers at
Bailey Bridge Middle School. The applicant has offered measures to assist in addressing the
impact of this development on school capital facilities. (Proffered Condition 3)
Libraries:
Consistent with Board of Supervisors' policy, the impact of development on library services
is assessed Connty-wide. Based on projected population grow-th, the Public Facilities Plan
identifies a need for additional library' space throughout the County. Taking into account the
additional space provided by the new La Prade and Chester Libraries, them is still a projected
need for 55,000 additional square feet of library space County-wide by 2015. This
development would most likely have the greatest impact on either the new La Prade Library
or the proposed new library near Lucks Lane. The applicant has offered measures to assist in
addressing the impact of this development on these facilities. (Proffered Condition 3)
Parks and Recreation:
The Public Facilities Plan identifies the need fbr fbur (4) new regional parks. In addition,
there is currently a shortage of community park acreage in the County. The Public Facilities
Plan identifies a need for 625 acres of regional park space and 116 acres of community park
space by 2015. The Plan also identifies the need for neighborhood parks and special purpose
parks and makes suggestions for their locations.
Parks and Recreation has proposed a trail along Falling Creek that would connect Clarendon
Park with Providence Elementary School to facilitate pedestrian movement between these
two (2) locations. The applicant has proffered to provide a pedestrian easement from the
subject property to the adjoining Connty-owned property to the north to link with this future
trail system. (Proffered Condition 2)
12 02SN0178-JUNE26-BOS
Transportation:
Based on single family trip rates, development could generate approximately 1,340 average
daily trips. These vehicles will be distributed through the adjacent property to the south to
Genito Road, which had a 1999 traffic count of 12,233 vehicles per day.
'Fo address neighborhood concerns, the applicant has proffered a condition regarding access
to the adjacent subdivisions to the east and west. The applicant has proffered that, with the
exception of a public road connection to Brookforest Road, no public road connections will
be provided from the property to Lake Genito or Clarendon Subdivisions. (Proffered
Condition 6)
Included in the Subdivision Ordinance is the Plmming Commission' s Stub Road Policy. The
Policy suggests that subdivision streets anticipated to carry 1,500 vehicles per day or more,
should be designed as "no-lot frontage" collector roads. A tentative subdivision plat has
been submitted for the adjacent property to the south. In accordance with the Stub Road
Policy, a residential collector street is proposed fi'om Genito Road through that adjacent
property to the subject property. Traff~c generated by development of the subject property
may require extension of that residential collector street through pm't of the subject property.
Mitigating road improvements must be provided to address the traffic impact of this
development. The Thoroughfare Plan identifies the need to improve existing roads, as well
as construct new roads to accommodate growth. Area roads need to be improved to address
safety and accormmodate the increase in traffic generated by this development. The applicmat
has proffered to contribute cash towards addressing this impact. (Proffered Condition 3)
At time of tentative subdivision review, specific recommendations will be provided regarding
the internal street network.
13 02SN0178-JUNE26-BOS
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 215* 1.00
586.95 2.73
Population increase
Number of New Students
Elementau 52.46 0.24
Middle 27.95 0.13
High 34.40 0.16
TOTAL 0.53
114.81
773,140
Net Cost for Schools 3,596
Net Cost for Parks 174,580 812
Net Cost for Libraries 60,630 282
Net Cost for Fire Stations 67,725 315
Average Net Cost for Roads
TOTAL NET COST
*Based on a theoretical density of 3.05 units ·
)er acre.
615,545
1,691,620
2,863
7,868
As noted, this proposed development will have an inrpact on capital facilities. Staffhas calculated
the fiscal impact of every new dwelling unit on schools, roads, park, libraries and fire stations at
$7,868 per unit. The applicant has been advised that a maximum proffer of $7,800 per unit would
deft'ay 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 cash to assist in defi-aying the cost of this proposed zoning on such capital facilities.
(Proffered Condition 3)
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.
Comprehensive Plan:
LAND USE
Lies within the boundaries of the Powhite/Route 288 Development Area Plan which
suggests the property is appropriate for residential use of 1.5 to 4.0 dwelling units per
acre.
14 02SN0178-JUNE26-BOS
Area Development Trends:
Area properties are zoned agriculturally and residentially and are characterized by single
residences within subdivisions and on acreage parcels and vacant land. It is anticipated
that residential zoning and land use patterns will continue in the area consistent with
densities suggested by the Plan.
Site Design:
The request property abuts Lake Genito Subdivision to the east and Clarendon Subdivision
to the west, both of which are zoned Residential (R-7) and must comply with R-7
development standards. In response to concerns expressed by area residents, Proffered
Condition 6 would prohibit public access from the property to McManaway Drive and
Quito Road within the Clarendon Subdivision and Hottinger and Maxey Drives within the
Lake Genito Subdivision. Access to the property is proposed from Genito Road, the
majority of which runs through an adjacent property to the south that is currently zoned R-
9 and under tentative subdivision plan review (Walnut Grove Subdivision). A second
public road access could be provided to Brookforest Drive within the Clarendon
Subdivision. Proffered Condition 6 also permits an emergency access via Hottinger Drive
within the Lake Genito Subdivision.
The Subdivision Ordinance currently requires installation of curb and gutter where any lot,
except those on the bulb of a cul-de-sac, has less than 100 feet of public road frontage or
where the average frontage for all lots is less than 100 f~et, unless an exception is granted
through the tentative process. In response to area residents' concerns, the applicant has
proffered the use of concrete curb and gutter for all public roads constructed to serve the
development. (Proffered Condition 10)
Dwelling Size and Architectural Treatment:
To address concerns of adjacent property owners, proffered conditions address minimum
house size and foundation treatment. (Proffered Conditions 8 and 11)
Further, the proffers address exterior treatment of exposed piers supporting porches and
chimneys (Proffered Condition 11 and 12). These proffered conditions addressing piers
and chimneys represent items not typically addressed as part of the tentative subdivision
plan or building permit process. Therefore, additional time and effort will be required on
the part of staff, the developer and the building permit applicant to provide this additional
information as a part of these application processes and will increase administrative costs.
Staff recommends that the portion of Proffered Condition 11 addressing piers, as well as
Proffered Condition 12 not be accepted, but rather become a restrictive covenant.
15 02SN0178-JLrNE26-BOS
Lot Sizes:
To address concerns of adjacent property owners in the Clarendon and Lake Genito
Subdivisions relative to separation between their dwellings and those within the proposed
development, Proffered Condition 7 requires a 15,000 squm'e foot minimtun lot area adjacent
to Lake Genito or Clarendon Subdivisions and increases the required rear yard setback for
dwellings fi'om twenty-five (25) to fifty (50) feet for those lots. Second, should m~y owner of
an adjacent lot within the Lake Genito and Clarendon Subdivisions arrange, through a private
agreement, to combine a portion of the subject property with their existing lot(s), lots
adjacent to those lots in the Lake Genito and Clarendon Subdivisions could meet the
Residential (R-12) requirements of the Zoning Ordinance, requiring a minimum lot area of
12,000 square feet and a rear yard setback of twenty-five (25) feet.
Cemetery:
In response to concerns raised by area residents, the applicant has agreed not to relocate an
existing on-site cemetery, but rather provide permanent identification of this use as well as
access to this site. (Proffered Condition 9)
Restrictive Covenants:
Proffered Condition 13 would require recordation of restrictive covenants for the subject
property. It should be noted that the County will only insure the recordation of the
covenants and will not be responsible for their enforcement. Once the covenants are
recorded, they can be changed.
CONCLUSIONS
The proposed zoning and land use conform to the Powhite/Route 288 Development Area Plan
which suggests the property is appropriate for residential use of 1.51 to 4.0 units per acre and is
representative of existing and anticipated area development.
The proffered conditions address the impacts of this development on necessary capital facilities, as
outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs for schools,
parks, libraries and fire stations is identified in the County's adopted Public Facilities Plan, the
Thoroughfare Plan and FY 2002-2007 Capital Improvement Program and the impact of this
development is discussed herein. The proffered conditions adequately mitigate the impact on
capital facilities, thereby insuring adequate service levels are maintained and protecting the health,
safety and welfare of County citizens.
Given these considerations, approval of the request is reconm~ended.
16 02SN0178-JUNE26-BOS
CASE HISTORY
Plarming Cormnission Meeting (4/16/02):
At the request of the applicant, the Commission deferred this case to May 21, 2002.
Staff (4/17/02):
The applicant was advised in writing that any significant new or revised infbrmation
should be submitted no later than April 22, 2002, for consideration at the Commission's
May public hearing. Also, the applicant was advised that a $250.00 deferral fee must be
paid prior to the Commission's May public hearing.
Applicant (4/19/02):
Revised proffered conditions were submitted. Specifically, a proffered condition, which
addressed lot sizes and density for lots with sole access through the adjacent Clarendon
Subdivision, was deleted. Based upon the potential number of lots that could be developed
on the subject property, a second means of public road access would be necessary to
comply with Subdivision Ordinance requirements. As a result, no lots should have sole
access through Clarendon Subdivision. Therefore, staff dete~xnined that Proffered
Condition 7 was unwarranted.
Applicant (4/25/02):
The $250.00 deferral fbe was paid.
Applicant (5/10/02):
To address concerns of adjacent property owners in Clarendon and Lake Genito
Subdivisions, revisions were submitted to Proffered Condition 7.
17 02SN0178-JUNE26-BOS
Planning Cormnission Meeting (5/21/02):
The applicant accepted the reconanendation. There was no opposition present.
Mr. Gecker indicated while the proposal meets the requirements of the Ordinance with
respect to the number of access points, the Commission and Board should be mindful of
the importance of extending other stub roads so as to provide connectivity between
neighborhoods.
On motion of Mr. Gulley, seconded by Mr. Stack, the Cornnfission recorranended
approval of this request and acceptance of the proffered conditions on pages 2 through 9.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, June 26, 2002, beginning at 7:00 p.m, will take under
consideration this request.
18 02SN0178-JUNE26-BOS