11SN0143
CASE MANAGER: Jane Peterson
October 19, 2010 CPC
November 17, 2010 BS
May 25, 2011 BS
STAFF’S
REQUEST ANALYSIS
BSTime Remaining:
AND
365days
RECOMMENDATION
11SN0143
Eagle Construction of VA
Matoaca Magisterial District
Winterpock Elementary; Swift Creek Middle; and Cosby High Schools Attendance Zones
East and west lines of Hampton Farms Drive
REQUEST:Amendment of zoning (Case 04SN0133) relative to house size in Residential (R-
12) and Agricultural (A) Districts.
PROPOSED LAND USE:
A single-family residential development is planned. Conditions of Case
04SN0133 currently require a minimum gross floor area of 2,500 square feet for
all dwelling units (Case 04SN0133 -Proffered Condition 12). The applicant is
requesting a reduction in this minimum dwelling size to 1,800 square feet gross
floor area for all dwellings located on lots included in this request. (Proffered
Condition 1)
(NOTE: IN ORDER FOR THE BOARD OF SUPERVISORS TO CONSIDER THIS
CASE AT THEIR MEETING, THE $1000.00 DEFERRAL FEE MUST BE PAID.)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
AYES: MESSRS. BROWN, HASSEN,BASS AND WALLER.
ABSENT: MR. GULLEY.
STAFF RECOMMENDATION
Recommend denial for thefollowing reason:
Whereas the condition relative to house size was negotiated with area property owners,
the requested amendment does notfully mitigate project impacts on capital facilities
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and, thereby would not insure adequate service levels are maintained to protect the
health, safety and welfare of County citizens.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS.)
PROFFERED CONDITIONS
1.Dwelling Size.The minimum gross floorarea for dwelling units shall be 1,800
square feet. (P)
(Staff Note: This proffered condition supersedes Proffered Condition 12 of Case
04SN0133 for the subject property only.)
2.Driveways. All driveways shall be hardscaped. (P)
3.Garages. Front loaded garages shall extend no greater than ten (10) feet closer to
the street than the front façade of the dwelling unit. (P)
4.Foundation Planting. Landscaping shall be provided around the perimeter of
each dwelling unit foundation. This landscaping shall comply with the plant
material quality, maintenance, installation and bonding requirements of the
Zoning Ordinance and shall be designed to provide visual interest and to enhance
the residential character of the development. The Planning Department, at the
time of building permit review, shall approve the landscaping plan with respect
to the exact numbers, spacing, arrangement and species of plantings. (P)
5.House Design.Dwelling units located within the same block shall be varied in
design. No substantially similar building designs, as determined by the Planning
Department, shall be located on contiguous lots. (P)
GENERAL INFORMATION
Location:
The request property is located on the east and west lines of Hampton Farms Drive and
Foster Ridge Terrace, also fronting the north and south lines of Hampton Farms Court and
Jennings Run Drive. Tax IDs 708-666-7112, 7332, 7441, 7451, 7460, 7470, 7479, 7590,
8933, 9066, 9245, 9254, 9289 and 9833; 709-665-0995, 1486, 2583 and 3291; 709-666-
0063, 0186, 0516, 0733, 0977, 1056, 1708, 1716, 1840, 1931, 2175, 2648, 3066, 3202,
3311, 3418, 3528, 3646 and 3737.
Existing Zoning:
R-12 and A with conditional use planned development
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Size:
19.1 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North-A; Vacant
South-R-12; Single-family residential or vacant
East-R-9; Single-family residential
West-A; Single-family residential or vacant
UTILITIES
Public Water and Wastewater Systems:
Existing proffered conditions of Case 04SN0133 require connection both the public water
and public wastewater systems.
ENVIRONMENTAL
This request will have no impact on these facilities.
PUBLIC FACILITIES
The need for schools, parks, libraries, fire stations and transportation facilities is identified in
the Public Facilities Plan,Thoroughfare Planand Capital Improvement Programand further
detailed by specific departments in the applicable sections of this Request Analysis.
Fire Service:
The Public Facilities Planindicates 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 Planalso recommends the expansion of five (5)
existing stations. Based on thirty-seven (37) dwelling units, this request will generate
approximately four (4) calls for Fire and Emergency Medical Service each year. The
applicant has not fully addressed the impact of this development on Fire and EMS.
The Clover Hill Fire Station, Company Number 7, and Manchester Volunteer Rescue
Squad currently provide 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.
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Schools:
Approximately eighteen (18) (Elementary: 8, Middle: 4, High: 6) students will be
generated by this request. This site lies in the Winterpock Elementary School attendance
zone: capacity –930, enrollment –750; Swift Creek Middle School zone: capacity –
1,030, enrollment –1,022; and Cosby High School zone: capacity –1,532, enrollment –
2,035. The enrollment is based on September 30, 2009 and the capacity is as of 2009-
2010. This request will have an impact at the high school level. There are currently eight
(8) trailers at Swift Creek Middle and six (6) at Cosby High.
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 not fully addressed the impact of this development on
school facilities.
Libraries:
The Public Facilities Planidentifies a need for additional library space throughout the
County. Expansion of existing libraries and construction of several new libraries are
recommended in the Plan, to include the need for new libraries in the western area of the
County, along both the north and south lines ofHull Street Road. This development is
located between the existing Clover Hill Library, which is undersized based upon Plan
recommendations, and a proposed new library identified as the “Route 360 West Area
Library” in the County’s adopted Capital Improvement Program.
This development would impact both existing and proposed library facilities. The
applicant has not offered measures to adequately address the impact of this development
on library facilities.
Parks and Recreation:
The Public Facilities Planidentifies the need for three (3) regional, seven (7) community
and twenty-nine (29) neighborhood parks by 2020. In addition, there is currently a
shortage of community and neighborhood park acreage in the County. The Plan
identifies a need for 354 acres of regional park space, 252 acres of community park
space and 199 acres of neighborhood park space by 2020; linear and resource based-
special purpose parks (historical, cultural and environmental); recreational facilities;
water access; and trails. The applicant has not offered measures to adequately address
the proposed development’s impact on these parks and recreation facilities.
County Department of Transportation:
Area roads need to be improved to address safety and accommodate the increase in
traffic generated by this residential development. The applicant has not proffered to
provide cash, consistent with the Board of Supervisors’ Cash Proffer Policy, towards
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mitigating the traffic impact of this residential development. Therefore, the
Transportation Department cannot support this request.
Virginia Department of Transportation (VDOT):
VDOT notes that an approved Tentative Case (04TS0303 –Hampton Farms –December 8,
2004) applies to this location. Provided the street layout proposed for the site remains
unchanged, VDOT has no further comments on this request.
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units37*1.00
Population Increase98.792.67
Number of New Students
Elementary8.140.22
Middle4.070.11
High5.920.16
TOTAL18.130.49
Net Cost for Schools$347,060$9,380
Net Cost for Parks45,8061,238
Net Cost for Libraries11,470310
Net Cost for Fire Stations25,863699
Average Net Cost for Roads528,13814,274
TOTAL NET COST$958,337$25,901
*Based on the recorded number of lots that are the subject of this amendment.The actual
number of dwelling units and corresponding impact may vary.
The Board of Supervisors revised the County’s Cash Proffer Policy on June 23, 2010.
The policy revision included new language addressing modifications to development
proposals. The revised policy states: “When a rezoning application is filed to modify a
development proposal that contains cash proffers and was approved within the previous
five years, then the county may determine that the rezoning application constitutes only
a minor modification and that the previously accepted cash proffer amount adequately
addresses the capital impacts of the modified development proposal.” This applicant is
seeking an amendment of Case 04SN0133 to decrease house sizes in a Residential (R-
12) District. At the time of the original rezoning, the applicant offered the maximum
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cash proffer of $9,000 per dwelling unit subject to Marshall and Swift Building Cost
Index adjustments. As such, the previously approved cash proffer is currently $12,974.
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 $25,901 per
unit. The applicant has been advised that a maximum cash proffer of $18,966 per unit
would defray the cost of the capital facilities necessitated bythis proposed development.
The difference between the current maximum cash proffer of $18,966 and the previously
approved cash proffer of $12,974, as adjusted, is $5,992 per dwelling unit.
In the applicant’s current proposal the cash proffer remains unchanged from the
previously approved case; therefore, the cash proffer as adjusted by Marshall and Swift
is $12,974 for each proposed dwelling unit. Note that circumstances relevant to this
case, as presented by the applicant, have been reviewed and it has been determined that
the request to amend the condition relative to house size is eighteen (18) months past the
five (5) year time period established in the June 2010 policy revision. Therefore, it is
appropriate to accept the maximum cash proffer in this case. Staff recommends the
applicant fully address the impact of this development on capital facilities. The proffered
conditions do not adequately address the proposed development’s impact on capital
facilities. Consequently, the County’s ability to provide adequate facilities to its citizens
will be adversely impacted.
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.
LAND USE
Comprehensive Plan:
The subject property is located within the boundaries of the Upper Swift Creek Plan
Amendmentwhich suggests the property is appropriate for residential use of two (2)
dwelling units per acre or less and general business mixed uses.
Area Development Trends:
Surrounding properties to the east and south are zoned Residential (R-9 and R-12) and
are developed as part of the Hampton Park Subdivision (Section 22), one (1) single-
family residence within the subject Hampton Farms Subdivision or are vacant.
Properties to the north and west are zoned Agricultural (A) and are occupied by single-
family dwellings or are vacant. It is anticipated that area properties south of the
proposed Hampton Park Drive Extended will be developed for residential uses
consistent with densities recommended by the Plan.
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Zoning History:
On February 25, 2004 the Board of Supervisors, upon a favorable recommendation of
the Planning Commission, approved a rezoning to Residential (R-12) on approximately
thirty (30) acres plus a conditional use planned development on approximately eight (8)
acres to permit subdivision access in an Agricultural (A) District (04SN0133). A fifty-
five (55)-lot subdivision development was planned. In 2007, Hampton Farms
Subdivision, consisting of thirty-eight (38) lots, was recorded on a portion of this
property. Proffered conditions of this zoning approval address, in part, minimum gross
floor area and foundation/front porch treatments for dwellings, as discussed below.
House Size:
Proffered Condition 12 of Case 04SN0133 establishes a minimum gross floor area of
2,500 square feet for all dwellings. The applicant is requesting an amendment to reduce
the minimum gross floor area to 1,800 square feet for all dwellings located on lots
included in this request. One (1) lot located on the south line of Jennings Run Drive at
Hampton Farms Drive as well as a six (6) acre vacant parcel south of and adjacent to the
subject property were originally zoned as part of Case 04SN0133, but are not included
in the current request. The lot which is currently occupied by a single-family dwelling
and the acreage parcel will continue to be subject to the house size proffer established
with Case 04SN0133.
Dwellings within the adjacent Hampton Park Subdivision, Section 22, have minimum
finished floor areas ranging from approximately 3,000 to 4,600 square feet. It should be
noted that this section of Hampton Park was not recorded or developed at the timeof
zoning approval for the subject property. There is no existing or proposed direct road
connectivity between these two (2) subdivisions.
Driveways; Garages; Foundation Planting; House Design; Foundations and Front Porches:
The applicant has proffered development standards designed to offset the impact of
house size reductions. These requirements, intended to provide enhancements to both
individual lots and the streetscape, include hardscaped driveways, garage location,
plantings around foundations and varied house designs.
Current conditions of Case 04SN0133 address foundation treatment (brick or stone
veneer) and treatment of exposed piers supporting front porches (brick or stone veneer)
(Proffered Condition 11). Approval of the current request will not alter this condition.
CONCLUSIONS
The proposed amendment relative to house size does not address the impact of this development
on necessary capital facilities, as outlined in the Zoning Ordinance and the Comprehensive
Plan. Specifically, the needs for roads, schools, parks, libraries and fire stations is identified in
the Public Facilities Plan, the Thoroughfare Planand the Capital Improvement Program.
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Proffered conditions do not fully mitigate the impact of this development on capital facilities
and, thereby would not insure adequate service levels are maintained to protect the health,
safety and welfare of County citizens.
After consideration of public input, should the Commission and Board wish to approve this
amendment, Staff recommends acceptance of the proffered conditions which are designed to
offset the impact of house size reductions, thereby insuring preservation of development quality
as intended through the original zoning conditions.
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CASE HISTORY
_____________________________________________________________________________
Planning Commission Meeting (10/19/10):
The applicant did not accept the recommendation.
There was opposition and support present. Thosein opposition expressed concerns
relative to impacts of smaller homes on area property values and lack of compatibility
with adjacent subdivision development. An individual in support noted concern that a
minor amendment would warrant a reconsideration ofcapital facility impacts that were
fully addressed with the original zoning.
Mr. Bass stated that the cash proffer system was the mechanism used to help balance the
cost of residential development to the County.
Messrs. Hassen and Bass recognized that,as a negotiated condition, house size was
important to area property owners and should be maintained as originally agreed.
Messrs. Brown and Waller advised of a need for more affordable housing, noting
developments that have successfully integrated reduced house sizes.
On motion of Mr. Bass, seconded by Mr. Hassen, the Commission recommended denial.
AYES: Messrs. Brown, Hassen, Bass and Waller.
ABSENT: Mr. Gulley.
Board of Supervisors’ Meeting (11/17/10):
At the request of the applicant, the Boarddeferred this case to their regularly scheduled
meeting in May, 2011.
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Staff (11/18/10):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than March 7, 2011 for consideration at the Board’s May
2011, public hearing.Also, the applicant was advised that a $1000.00 deferral fee must
be paid prior to the Board’s public hearing.
Staff (5/2/11):
To date, no new information has been submitted, nor has the $1000.00 deferral fee been
paid.
The Board of Supervisors, on Wednesday, May 25, 2011, beginning at 6:30 p.m., will take
under consideration this request.
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