01SN0257-July24.pdfJuly 24, 2002 BS
STAFF'S
REQUEST ANALYSIS
RECOMMENDATION
01SN0257
Fiomcci Foods, Inc.
Bermuda Magisterial District
South line of Southcreek Drive
REOUEST: Rezoniag from Light Industrial (I-1) to Residential (K-12) of 65.8 acres plus
proffered conditions_on.an existing zoned Residential (R-12) 0.5 acre tract.
PROPOSED LAND USE:
A single family residential subdivision c0i/taining a maximum of thirty-six (36) lots
is planned yielding a density of approximately .5 units per acre.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 10.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land use conform to the Ruffin Mill Area Plan which
suggests the property is appropriate for residential use of 1.5 units per acre or less.
The proposed zoning and land use are representative of existing and anticipated
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
Providing a FIRST CHOICE Community Through Excellence in Public Service.
Public Facilities Plan and FY 2002-2007 Capital Improvement Progr...am and the
impact of this development is discussed herein. The proffered conditions adequately
mitigate the impact on these capital facilities, thereby insuring adequate service levels
are ma'mtained and protecting the health, safety and welfare of County citizens.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. TIIE
· PROPERTY OWNERS 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 RECOMIvlEixrDED BY
TE[E PLANNING COMMISSION.)
PROFFERED CONDITIONS
The property owner (the "Owner") in th_is zonLng case, pursuant to Section 15.2-2298 of the Code of
Virginia (1950 as amended) and the Zon/ng Ordinance of Chesterfield County, for themselves and
their successors or assigns, proffer that the development of the Property known as Chesterfield
County Tax ID 807-640-8711 and 807-641-6501 (the "Property") under consideration will be
developed according to the following conditions if, and only if, the request for the Property to be
rezoned from I-1. with Conditional Use Planned Development and R- 12 to R-12 is granted. In the
event the request is denied or approved with conditions not agreed to by the Owner, the proffers and
conditions shall be immediately null and void and or no further force or effect.
(STAFF/CPC~ I. Timbering. Except for the timbering approved by the Virginia State
· ' · Department of Forestry for the purpose of removing dead or diseased
trees, there shall be no timbering on the Property until a land
disturbance permit has been obtained from the Environmental
Engineering~Departmem and th.e_-approved devices have been
installed. (EE)
(STAFF/CPC) 2. .Utthties'f-Publi6'water and wastewater ss, stems shbll be used. (U)
(STAFF/CPC) 3.
(STAFF/CPC) 4.
Minimum Lot Size. A minimum of 18,000 square feet per lot. (P)
Average Lot Size. The overall average lot size shall be a minimum of
24,032 square feet. (P) .
(STAFF/CPC)
5. Density. A maximum of 36 lots may be developed on the Property. (P)
(STAFF/CPC)
Access. A maximum of one access to South Creek Drive shall be
permitted through Tax ID 807-641-6501. (T)
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01 SN0257-JI_ILY24-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
7. Cash Proffer. For each dwelling unit developed on the Property, the
Owner shall pay $4962 per unit to the County of Chesterfield, prior m
the time of issuance of a building permit, for infrastructure
improvements within the service district for the Property if paid prior
to July 1, 2002. At the time of payment, the cash proffer shall be
allocated pro-ram among the facility costs as calculated annually by
the County Budget Department as follows: $ 3565 for schools, $ 280
for library facilities, $ 312 for fire stations and $805 for parks.
Thereafter, such payment shall be the amount approved by the Board
of Supervisors not to exceed $4962 per unit adjusted upward by any
increase in the Marshall and Swift Building Cost Index between July
1, 2001 and July 1 of the fiscal year in which the payment is made if
paid after June 30, 2002. If any of the cash proffers are not expended
for the purposes designated by the Capital Improvement Program
within fifteen (15) years from the date of paymem, they shall be
returned in full to the payor. Should Chesterfield County impose
impact fees 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 in addition to, any impact fees in a
manner as determined by the County. (B&M)
8. Communication with Southcreek Homeowners Association and
Property Owners Adiacent to Tax ID 807-641-6501. The Owner shall
be responsible for notification, by registered, certified or first class
mail, to the last known representative on file with the Chesterfield
County Planning Depa~hnent of Southcreek Homeowners Association
and the property owners of Tax ID 807-641-5504 and 807-640-7898,
...... ."---rffthe submission ofany tentative, subdivision plan. Such notification
shall occur as soon as practical, but in no event less than twenty-one
(21) days prior to approval er-disapproval of any tentative subdlv/sion
plan. The Owner shall provide the Planning Department with
evidence that such notice was sent. (P)
Deedin~of Sumlus Proverties from Tax ID 807-641-6501 to Tax ID
807-641-5504 and 807-640-7898. The surplus properties created by
the right-of-way dedication on Tax ID 807-641-6501 shall be deeded
separately to the adjacent property owners of Tax ID 807-641-5504
and $07-640~789g, provided that such adjacent property owners agree
within forty-five (45) days after final rezoning to accept such
conveyance and subsequent to this acceptance, subdivision approval
has been obtained to combine the surplus properties with the adjacent
lots. (P)
10.
Covenants, Conditions and Restrictions. At a minimum, the
following restrictive covenants shall be recorded prior to or in
01SN0257-IULY24-BOS
conjunction with the recordation of any subdivision plat of the
Proper~y:
No lots shall be used except for single-family residential
purposes. No building shall be erected, altered, placed or
permitted to remain on any lot other than one detached single-
family dwelling not to exceed tb3ee stories in height and one
private garage for not more than two cars.
Only one residence shall be erected or placed on a single lot,
and no lot shall, after its original conveyance, be subdivided
into smaller lots or parcels. No structure of a temporary
character, trailer, mobile home, basement, tent, shack, garage,
barn or other outbuilding shall be used on any lot at any time
as a resldenee either temporarily or permanently. Eighteen
wheel tractor trailers are prohibited from being parked on or
maintained on any lot at anytime.
3, No nuisance, obnoxious, or offensive activities shall be
permitted to exist or operate upon any portion of any property
..................... so.as..to be detrim~ntal..[o or interfere with any other property
in the vicinity there or to its occupants.
4. No lot shall be used or maintained as a dumping ground for
rubbish, trash, garbage or other waste. Nor shall any of the
above be kept on any lot except in sanitary containers, in the
rear yards only.
5. No animals, livestock, hogs, pigs or poultry of any kind, shall
be raised, bred, or kept on any lot except that dogs, cats, or
other household pets may be kept therein if they are not kept,
bred or maintained for any commercial purpose, and in
accordance with the applicable ordinances. For the purpose
herein pigs and/or hogs, including, but not limited to "pot
· belly" pigs are not household pets.
No sign of any kind shall be displayed to the public view on
any lot except one sign of not more than five square feet
advertising the property for sale or rent, unless approved by
the Architectural Control Committee in writing.
An Architectural Control Committee (herein called
"Committee") originally composed of three (3) members is
hereby established. Any two members of the Committee may
act on behalf of the Committee without holding a meeting of
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01 SN0257-JULY24-BOS
the full Committee or giving notice to the other members.
The members of the Committee shall receive no
compensation for acting hereunder.
No improvement shall be erected, placed or altered on any lot
until the construction plan thereof, and a plan showing the
location of the said improvement shall have been submitted to
and approved by the Architectural Control Committee. No
construction on said improvements shall commence until the
said plans and location of said improvements shall have been
approved by the Committee in writing. The Committee
reserves the right to request such information and data as may
be necessary to make said determination. Prior to the
commencement of any improvemems, written approval may
be withdrawn at any time by the Committee by giving written
notice to said party of its withd]rawal of said approval. The
Committee approval as required above shall be in writing and,
in the absence of such written approval, consmaction plans
and location plans shall be considered as disapproved. The
building location an all lots shall be within the applicable
County zoning ordinance, and at the discretion of the said
Committee.
-91 ..... There shall be no clearing or other disturbances of the area
within the 100 year flood plan except utility and drainage
easements. The flood plan and creek areas shall otherwise
remain in their present natural state.
10. The foundation of all single family residences on any lot shall
be constructed of brick only on all front exterior.walls, unless
otherwise approved by the Committee. No exposed cinder of
concrete block exterior walls or foundations shall be erected.
All single family residences must have some exterior
appurtenance on either the front or side elevations, such as
covered stoops, covered porches or decks. These exterior
appurtenances must be a minimum of 40 square feet. All one
and one-half story cape style single family residences shall
have at least one dormer window.
11.
All single family residence shall conform to a Colonial,
Traditional, or Transitional architectural style. No aluminum
siding will be used, with the exception of alum'mum aim.
The roof pitch on all single-family residences, except for
covered porches shall have a minimum of six inches of rise
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01SN0257-JULY24~BOS
12.
13.
14.
15.
for every foot. Dimensional shingles shall be used on all
residences.
All single family residences shall have the following
minimum square footage:
b)
c)
d)
The floor area of a single story, ranch style single
family residence shall not be less than 1,400 square
feet.
The floor area of any one and one half story, cape cod
style residence shall not be less than 1,500 square feet.
The floor area of any two-story residence shall not be
less than 1,600 square feet.
Attached porches, covered stoops, breezeways, and
garages shall not be included in computing minimum
square footage.
No ranch single family residence shall be built on a lot
adjacent to another single family ranch style residence.
The exterior .of.all houses and other structures must be
completed within one year after the conslruction of same shall
have commenced, except where such completion is
impossible or would result in great hardship to the owner or
builder due to strikes, rites, national emergency or natural'
calamities. Houses may not be temporarily or permanently
occupied until the exteriors thereof have been completed
unless permitted by prior written approval of the Architectural
Control Committee and evidence that a Certificate of
Occupancy has been issued by Chesterfield County. During
the continuance of construction the owner of the lot shall
require the contractor to maintain the lot in a reasonably clean
and uncluttered condition. ·
Only mailboxes, newspaper robes, lamp posts, and driveway
materials meeting the design standard of the Architectural
Control Committee shall be permitted. The Declarant
reserves the right to establish mandatory uniform regulations
to govern the erection and/or alteration of same in the
subdivision. Such uniform regulations will be administered
through the Architectural Control Committee.
Unless approved by the Architectural Control Committee, no
antenna, aerial or device of any kind used for the purpose of
transmitting or receiving radio, television, microwave or
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01 SN0257-JULY24-BOS
16.
17.
18.
19.
20,
21.
22.
satellite signals shall be placed or erected on any lot or on the
exterior of any residence or any other building or structure
thereon.
No fence shall be permitted between the single family
residence and the street line (front yard). Split rail fences or
other wooden fences may be built between the mar of the
house and the rear lot line (rear yard). The split rail fences
may be backed with approved wire to provide animal
retention. There shall be no other metal or chain link fences
permitted.
Clothes lines or other clothes drying apparatus shall be
screened from public view in a manner approved by the
Architectural Control Committee.
Where possible and conditions permit, there will be no strip
clearing of all trees from any lot. Anyone erecting
improvements on the said lots must strive to leave natural tree
buffer on both the rear and sides of all lots. However, brash
and scrub trees under six inches in diameter may be removed
from ail lots if so desired.
Utility storage sheds or tool sheds shall have an exterior
texture and color that matches the exterior texture and color
of the residence on said lot and must be placed between rear
line of the residence and the rear lot line.
Easements for installation and maintenance of utilities and
drainage are reserved as shown on said subdivision plat.
The Declarant, while it may during the course of the
developmem of the Property subject or to be subjected to the
covenants, conditions and restrictions herein set forth, may
undertake to maintain certain areas within the rights of way
and/or easements within said development. Said conduct on
the part of the Declarant shall not be deemed to impose any
cominffmg liability on the Declarant to do so and the
Declarant reserves to themselves at all times the right to
discontinue any such maintenance.
Prior to the rights of way, easements and roads being accepted
by the Virginia Department of Transportation, and the County
of Chesterfield road systems, no alterations, additions or
improvements shall be made within the fights of way and/or
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01 SN0257-JULY24-BOS
23.
easements including, but not limited to driveway culvert
areas, ditches and where driveways tie into the roadways. At
such time the rights of way, easements and roadways are in
the Virginia Department of Transportation and Chesterfield
County systems all necessary permits and approvals must be
obtained from any and all required government departments
and/or agencies and the Committee.
Areas designated as Common Areas, Private Drainage
Easement, and/or BMP facility on the herein referenced plat
are real property owned by Hill Development Associates,
Ltd., t/a The Hill Companies, a Virginia Corporation or the
Southcreek Homeowners Association for the use and
enjoyment of the lot owners of Sonthcreek Subdivision.
Ownership of the Common Area shall be conveyed to
Southcreek Homeowners Association by a deed from
Declarant at such time as ninety percent (90%) of the lots in
Southcreek have been conveyed to homeowners, or October
1, 2000, whichever occurs first.
Every lot owner shall have the right and easemem of
enjoyment in and to the Common Area which shall be
appurtenant to and shall pass with the title to every lot.
Declarant, for each lot owned in Southcreek, hereby declares
and covenants that every homeowner upon accepting a deed
to a lot will automatically become a member to the
Southcreek Homeowners Association (The "Association").
Furthermore, by acceptance of said deed, whether or not it
shall be so recited in each deed, each homeowner is deemed
to covenant and agrees to pay armual assessments to the
Association. The assessments levied by the Association shall
be used exclusively for the improvemem and maintenance of
the Common Area, right of ways, easements and for the
maintenance of the BMP facility per the BMP Facility
Agreements recorded with the Clerk of the Circuit Court,
Chesterfield County in Deed Book 2965, Page 608, Deed
Book 2965 Page 614, Deed Book 2306, Pages 1532 through
1536 and any future BMP Facilities in Southereek. Nothing
contained herein shall create a duty on the part of Declarant to
make any such improvements. The Association shall pay any
real estate taxes and other charges assessed against the
Common Area.
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01SN0257-IIJLY24-BOS
................. ~ .......... I r ............ w r
The maximum annual assessment shall be (a) Beginning
October 1, 1993 the maximum annual assessment shall be
$120.00 per lot on which there exists completed
improvements as determined by the issuance by the
appropriate governmental authority of a Certificate of
Occupancy; (b) From and after January 1, 1994 the maximum
annual assessment may be increased each year not more than
ten percent (10%) above the maximum assessment for the
previous year without a vote of the membership of the
Association of two-thirds (2/3) of the Association members,
voting in person or by the proxy, at a meeting called for such
purpose; (c) The Board of Directors of the Association may
fix the aimual assessment at any amount not in excess of the
raaximum,
The annual assessments, together with the cost of collecting
delinquem assessment such as interest, court costs and
reasonable attorney fees shall be a charge on the land and will
be a continuing lien upon the real estate (lot) against which
such assessment is made. Each such assessment, together
with interest, costs and reasonable attorney' s fees, shall be the
personal obligation of the person who was the owner of such
lot when the assessment became due. Any assessment not
paid within thirty (30) days after the due date shall bear
interest at the rate often'percent (10%). The Association may
bring an action at law against the lot and/or the owner(s)
thereof. The Board of Directors of the Association shall fix
the amount of the annual assessment against each lot at least
thirty (30) days in advance of each annual assessment period
and so notify in writing each lot owner of such. The due date
shall be established by the Board of Directors of the
Association. The Association shall upon request, and for a
reasonable charge, furnish a certificate signed by an officer of
the Association setting forth whether or not the assessments
on a specified lot have been paid.
Any assessments, charges and cost of the maintenance of such
Common Area shall constitute a lien on the individual lots
inferior in lien and dignity only to real estate taxes and bona
fide duly recorded first deeds of treat on each lot. Sale or
transfer of any lot shall not affect the assessment lien,
however the sale or transfer of any lot pursuant to a first deed
of trust foreclosure or any proceeding ~ lieu thereof, shall
extinguish the lien of such assessments as to payments which
became due prior to such sale or transfer. No sale or transfer
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01$N0257-3rULY24-BOS
shall relieve such lot for any assessment thereafter becoming
due or from the lieu thereof.
24.
Each and every covenant, coudition and casement herein
imposed may be enforced by the undersigned or by the owner
of any lot by appropriate proceedings at law or in equity
against any party violatiug or attempting or threatening to
violate the same.
25.
Invalidation of any one of these covenants or conditions by
judgment or court adjudication or otherwise shall in no way
modify, affect, or invalidate any of the other remaining
covenants and conditious herein contained which shall remain
in full force and effect,
26.
Declarant and successor or assigns hereby expressly reserve
the right to release or modify in part any of the restrictive
covenants or conditious contained herein.
27.
The covenants and conditions herein contained, unless
expressly released or modified, shall run with the land and
shall be binding upon the owner or owners of each and every
lot, and all parties claiming through or under each such owner
or owners for a period of 25 years from the date of the
recordation hereof, after which period such covenants and
conditions shall be automatically extended for successive
periods often years each, unless prior to the expiration of said
period, an instrument executed and acknowledged by the then
owners of the majority of all the lots be recorded in the
appropriate Clerk's Office revoking the said covenants and
conditions, at which time the covenants and conditions shall
cease and have no further effect at the end of the applicable
extension period. (P)
GENERAL INFORMATION
Location:
Froms the south line of Southcreek Drive, west of Ruffin Mill Road. Tax ID 807-640-8711
and 807-641-6501 (Sheet 35).
Existing Zoning:
I-I with Conditional Use Planned Development and R42
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01SN0257-JULY24-BOS
Size:
66.3 acres
Existing Land Use:
Vacant
Adiacent Zoning and Land Use:
North - Rq2; Single family residential or vacant
South - I-1 with Conditional Use Planned Development; Vacant
East - R- 15; Single family residential
West - A; Single family residential
UTILITIES
Public Water System:
There is an existing sixteen inch (16) inch water line extending along the east side of Ruffin
Mill Road, terminating 300 feet north of Port Walthal Drive and approximately 650 feet'
southeast of this site. In addition, there is an existing eight (8) inch water line extending
along South Creek Drive in Sonthcreek Subdivision, adjacent to the request site. Use of the
public water system is intended and has been proffered. (Proffered Condition 2) · ·
Public Wastewater System:
There is an existing ten (I 0) inck wastewater sub-trunk line extending across the northern
portion of the request site which serves the existing Southcreek Subdivision. In addition,
there is an existing twenty-one (21) inch wastewater trunk line extending along Ashton
Creek, and adjacent to the southern boundary of the request site. Use of the public
wastewater system is intended and has been proffered. (Proffered Condition 2)
Due to existing topographical conditions, the southeastern portion of the request site may be
difficult to serve by gravity wastewater. Design for providing public wastewater service
must be approved by the Utilities Department.
ENVIRONMENTAL
Drainage and Erosion:
Currently, there are no known on- or off-site drainage or erosion problems with none
anticipated after development. The property is heavily wooded and, as such, should not be
timbered without first obtaining a land disturbance permit. This will insure that adequate
erosion control measures are in place prior to any timbering. (Proffered Condition I).
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01SN0257-JULY24-BOS
I f ....................... ' ' ............ I r
Water Oualit~:
The property is adjacent to Ashton Creek. Approximately fifty (50) percent of the property
(southern portion) is located within a Resource Protection Area (R.PA), which is limited in
its use.
PUBLIC FACILITIES
The need for fire, school, library and park facilities is identified in the Public Facilities Plan and the
FY 2002~2007 Capital Improvement Program. This development will have an impact on these
facilities.
Fire Service:
The Public Facilities Plan indicates the need for a new fire/medic station in the Walthal area.
When constructed this new station will be the primary provider of emergency services to this
property, Based on thirty-six (36) homes, this request is expected to generate approximately
ten (I 0) calls per year. The impact on fire service has been adequately addressed. (Proffered
Condition 7)
The property is currently served by the Dutch Gap f~re station, Company 14. Emergency
medical service is provided_.by_.Bensley-Bermuda.Volunteer Rescue Squad. When the
property is developed, the number of hydrants and quantity of water needed for fire
protection will be evaluated during the plans review process.
Schools:
Approximately twenty (20) school age children will be generated by this development. The
site lies in the M. Christian Elementary School.attendance zone: capacity - 775;eurollment-
866; Carver Middle School zone: capacity -1,283, enrollment ~ 1,260; and Thomas Dale
High School zone: capacity - 1,650, enrollment - 1,806.
This development will have impact on area schools. There are currently seven (7) trailers at
M. Christian Elementary. The applicant has agreed to participate in the cost of providing for
area school needs. (Proffered Condition 7)
Libraries:
Consistent with the Board of Supervisors' policy, the impact of development on library
services is assessed County-wide. Based on projected population growth, the Public
Facilities Plan identifies a need for additional library space throughout the County. Taking
into account the additional space provided by the two (2) recently constructed projects, the
new La Prade and Chester Libraries, there is still a projected need for 55,000 additional
square feet of library space County-wide by 2015.
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01SN0257-JULY24-BOS
Development of the property would most likely affect the Chester Library, the Enon Library
or a new library between Chester Library and Colonial Heights. The Public Facilities Plan
identifies a need for additional library space in this area of the County. The applicant has
offered measures to assist in addressing the impact of this development on these facilities.
(Proffered Condition 7)
Parks and Recreation:
The Public Facilities Plan idemifies the need for four (4) new regional parks. In addition,
there is currently a shortage of community park acreage in the County. The Public Facilities
Plan idemifies 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. The applicant has offered measures to assist
in addressing the impact of this development on these facilities. (Proffered Condition 7)
It should be noted that the Parks and Recreation Department remains interested in the
development of a linear park/open space along Ashton Creek to Point of Rocks Park.. This
Department has indicated to the applicant a willingness to consider easements or dedication
for this purpose in addressing the ira. pact of this development on Parks' capital facilities.
Transportation: ............
The property is currently zoned Light Industrial (I-I). Based on light industrial Irip rates,
development could generate approximately 1,260 average daily trips. The applicant has
proffered that a maximum of thirty-six (36) lots will be developed on the property (Proffered
Condition 5). Based on single-family trip rates, development could generate approximately
410 average dally trips. Therefore, the development will not generate an increase in the
number of vehicles beyond that.which could be generated based upon the current zoning.
These vehicles will be distributed, through Southcreek Subdivision via Southcreek Drive, to
· Woods Edge Road, which had a 2001 traffic count of 6,720 vehicles per day.
Included in the Subdivision Ordinance is the Planning 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. Southcreek Drive was constructed
as a collector road from Woods Edge Road to the intersection of Southareek Court.
Southereek Drive has lots fronting that road from the intersection of Southcreek Court to the
proposed access into the subject property. Based on preliminary information, traffic
generated by development of the subject property traveling along Southcreek Drive may
cause part of that street to exceed acceptable subdivision street volumes as defined by the
Stub Road Policy. The developer may need to limit the number of lots developed or seek
relief from the Planning Commission to the Stub Road Policy.
At time of tentative subdivision review, specific recommendations will be provided
regarding the development of the property in compliance with the Stub Road Policy.
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01SN0257-IULY24-BOS
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New DwelFmg Un/ts 36* 1.00
Population Increase 98.28 2.73
Number of New Students
Elementary 8.78 0.24
Middle 4.68 0.13
l-Iigh 5.76 0.16
TOTAL 19.22 0.53
Net Cost for Schools 129,456 3,596
Net Cost for Parks 29,232 812
Net Cost for Libraries 10,152 282
Net Cost for Fire Stations I 1,340 315
Average Net Cost for Roads 0 0
TOTAL NET COST 180,180 5,005
*Based on a proffered maximum number of dwelling un/ts. (Proffered Condition 5)
As noted, this proposed development will have an impact on capital facilities. Staffhas calculated
the fiscal impact of every new d~velling unit on schools, parks, libraries and fire stations at $5,005
per unit. The applicant has been advised that a maximum proffer of $4,962 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 defraying the cost of this proposed zoning on such capital facilities. (Proffered Condition 7)
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.
LAND USE
Comprehensive Plan:
Lies with_in the boundaries of the Ruffin Mill Area Plan which suggests the property is
appropriate for Iow density residential development of 1.5 units per acre or less. An
amendment to the Plan, the Consolidated Eastern Area Plan, is pending, As recommended
by the Planning Commission, the amendment also recommends 1.5 units per acre or less.
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01SN0257-JULY24-BOS
Area Development Trends:
Adjacent properties to the north are zoned Residential (R-12) and are developed as part of the
Southcreek Subdivision. Properties to the east and west are zoned Residential (R-15) and
Agricultural (A) and are occupied by single family residences or are vacant. Adjacent
property to the south is zoned Light Industrial (I-1) and is currently vacant. It is anticipated
that residential development will continue to the north, east and west and that light industrial
uses will continue to develop south of the request site, across Ashton Creek.
For that portion of the request property currently zoned Residential (R-12), on June 25, 1986,
the Board of Supervisors, upon a favorable recommendation by the Planning Commission,
approved a rezoning fi:om Agricultural (A) to Residential (R-I 2) (Case 868008). A portion
of this property was subsequently recorded as Southcreek Subdivision. One (1) lot fi:om this
subdivision has been included in this request for the purpose of constructing an access to
Southcreek Drive.
For that portion of the request property currently zoned Light Industrial (I-1), on September
27, 1978, the Board of Supervisors, upon a favorable recommendation by the Planning
Commission, approved rezordng fi:om Agricultural (A) to Residential (R-12) (Case 78S 140).
A single family residential development was planned.
On October 8, 1980, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved rezordng from Residential (R- 12) to Light Industrial (M- 1 )
(Case 80S111). A manufacturing facility for electronic components was planned.
On September 25, 1985, the Board-of Supervisors, upon-a favorable recommendation from
the Planning Commission, approved a Conditional Use Planned Development for use
exceptions plus a meat products processing and manufacturing plant in an M-1 district (Case
858121).
Site Design:
The request property abuts Southcreek Subdivision to the north, which is zoned Residential
(R-12). Access to the property is proposed from Southcreek Drive through a recorded, but
unimproved, lot within Southcreek Subdivision.
Den!git~;
The applicant has proffered a maximum of thirty-six (36) lots on the property, yielding a
density of approximately .5 u.nits per acre. (Proffered Condition 5)
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Comom~ison of Area Lot Sizes and Densities:
In 1988, zouing was approved for the adjacent Southcreek Subdivision development (Case
86S005). Proffered conditions of this 1988 ease require that lots within Southereek
Subdivision contain a minimum area of 18,000 square feet. Consistent with this
requirement, proffered conditions for the subject property require a minimum lot size of
.18,000 square feet. (Proffered Condition 3)
Access to the subject property is provided through Southcreek Subdivision via Southcreek
Drive, which eventually ties into Woods Edge Road. There is no direct access fi:om this
property to Woods Edge Road. In an effort to address compatibility with adjacent
developments through which this property has sole access, average lot sizes and densities of
this adjacent subdivision were evaluated.
With respect to densities, Southcreek Sections 1,2 and a portion of 3, through which access
to the subject property would pass, have a combined density of 1.5 dwelling units per acre
and an average lot size of 24,032 square feet. The applicant has proffered a maximum of
~irty-six (36) lots, yielding a density of approximately .5 unit per acre. Further, proffered
conditions require an overall average lot size of 24,032 square feet, consistent with the
average of the aforementioned lots in Southcreek Subdivision. (Proffered Conditions 4 and
S)
Restrictive Covenants:
Proffered Condition 10 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. - .......
Notification:.
In response to area residents' concerns, proffered conditions require the developer to notify
the property owners adjacent to the lot in Southcreek Subdivision which is proposed to be
used for access to this development as well as the last known representative of the
...... Southemek Homeowners Association on file with the Planning Department of the
submission of tentative subdivision plans. It is imperative that the association keep the
Planning Department current with the name and address of the representative to be notified.
(Proffered Condition 8)
Deeding o~.Surplus Property:
In response to a concern of property owners in the Southcreek Subdivision who are adjacent
to the proposed access into the subject property, the applicant has proffered that the surplus
property created by the right of way dedication for this access be offered to these adjacent
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property owners, subject to their acceptance of this conveyance and subdivision approval of
this surplus property into their existing lots. (Proffered Condition 9)
CONCLUSIONS
The proposed zoning and land use conform to the Ruffin Mill Area Plan whioh suggests the property
is appropriate for residential use of 1.5 units per acre or less and is representative of existing and
anticipated development. The density of this proposal is approximately .5 dwelling unit per acre.
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 Public Facilities Plan and FY 2002-2007 Capital
Improvement Pro,ram and the impact of this development is discussed herein. The proffered
conditions adequately mitigate the impact on these capital facilities, thereby insuring adequate
service levels are maintained and protecting the health, safety and welfare of County citizens.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Applicant (6/11/02):
The applicant submitted Proffered Condition 9.
Plarmirig Commission Meeting (6/18/02): ...................
--The'applicant-accepted the'recommendation. Them was no opposition present.
On motion of Mr. Canningham, seconded by Mr. Litton, the Commission recommended
approval of this request and acceptance of the proffered conditions on pages 2 through 10,
· AYES..~- -lJnanimous.
The Board of Supervisors, on Wednesday, July 24, 2002, beginning at 7:00 p.m., will take under
consideration this request.
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