14SN0534
CASE MANAGER: Ryan Ramsey
December 17, 2013CPC
January 22, 2014 BS
STAFF’S
BS Time Remaining:
REQUEST ANALYSIS
365 days
AND
RECOMMENDATION
14SN0534
(AMENDED)
HMG Investments, LLC
and
J. Mark Sowers
MatoacaMagisterial District
Winterpock Elementary, Bailey Bridge Middle and Cosby High SchoolAttendance Zones
East and west lines of Otterdale Road, south of Hampton Glen Drive
REQUEST:Amendment of conditional use planned development (Case 02SN0209) relative to
transportation improvements, transportation density, access, lighting, setbacks and
lot sizes in a Residential (R-12) District. Specifically, the proposed amendments
would increase maximum transportation development density at build-out; modify
transportation improvements based upon these proposed maximum densities as
identified in a new traffic analysis; delay timing of some required road
improvements;permit a temporary emergencyaccess to Beach Road, if approved
during plan review;increase freestanding lighting height for playfields; and
reduceminimum lot sizes and setbacks for cluster residential development.
PROPOSED LAND USE:
A development with a mixture of residential uses (single-family, cluster, and
multifamily) and limited commercial, office and community recreational uses is
planned.The development continues to be limited to a maximum density of 2,392
dwelling units, of whichapproximately 2,266dwelling unitsremainto be
constructed.(Proffered Condition 3 of Case 02SN0209)
PLANNING COMMISSION RECOMMENDATION
ACKNOWLEDGED WITHDRAWAL OF THE ELIMINATION OF THE AGE
RESTRICTION REQUEST AND RECOMMEND APPROVAL AND ACCEPTANCE OF THE
PROFFERED CONDITIONS ON PAGES 2 THROUGH6.
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STAFF RECOMMENDATION
Recommenddenialfor the following reason:
While the proposed transportation amendments areconsistent with the evaluation of a
new traffic analysis, and the modifications to lighting, setbacks, lot sizes and deletion of
senior occupiedhousing are acceptable, the request exceeds the Board’s five (5) year
time limitation to consider such requests and deem the previously approved cash proffer
adequate to address the capital impacts of this modified development proposal.The
applicant continues to offer acash proffer amount (increased by the Marshall and Swift
Building Cost Index escalation) approved with Case 02SN0209.Therefore,this request
doesnot fully address the impact of residential units on capital facilities per the Board’s
Cash Proffer Policy.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNERSMAY
PROFFER CONDITIONS. CONDITIONS NOTED “CPC” ARE CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
The Applicant in this case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as
amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors
or assigns, proffer that the property known as Chesterfield County Tax Identification Numbers
708-663-6796, 709-663-2165, 710-664-1435, 711-661-6074,712-663-7727, 712-664-3659, 713-
662-9633, 713-663-2879, 714-664-9003, 714-666-5402, 715-662-0772, 715-665-5669, 716-662-
3359 and 716-665-9329 (“the Property”) under consideration will be developed according to the
following amended proffers if, and only if, the request submitted herewith is granted with only
those conditions agreed to by the Applicant. In the event this request is denied or approved with
conditions not agreed to by the owner and Applicant, the proffer shall immediately be null and
void and of no further force or effect.
(CPC)1.Master Plan. The textual statement dated December 5, 2013 shall be
considered the Master Plan. (P)
(Staff Note: The Textual Statement, last revised October 28, 2002 and
approved with Case 02SN0209, shall be amended per the Textual
Statement dated December 5, 2013. All other conditions of the Textual
Statement, last revised October 28, 2002 shall remain in force and effect.)
The Applicant hereby amends Proffered Condition 7.c of Case 02SN0209 to read
as follows:
(CPC)2.Access Plan. Access from the Property to Beach Road shall be limited to
Otterdale Road Extension with the exception as stated in Proffered
Condition 5. (T)
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The Applicant hereby amends Proffered Condition 8 to delete Proffered Condition
8.g. and amend Proffered Conditions 8.h.; 8.i., 8.o.(i), 8.o.(ii), 8.o.(iii), 8.o.(iv)
and 8.o.(v) of Case 02SN0209 to read as follows:
(CPC)3.Transportation.To provide an adequate roadway system at the time of
complete development, the Developer shall be responsible for the
following improvements.Alternate road improvements, as requested by
the Developer and approved by the Transportation Department, which will
provide acceptable levels of service as determined by the Transportation
Department, may be substituted for the road improvements identified in
this condition.If any of the improvements are provided by others, or if
they are determined unnecessary by the Transportation Department as
demonstrated by updated traffic studies acceptable to the Transportation
Department, then the specific required improvement shall no longer be
required by the Developer.The road improvements shall be phased in
accordance with the phasing plan outlined herein.
a.Construction of Otterdale Road and Otterdale Road Extension to
VDOT urban minor arterial standards (50 MPH) with
modifications by the Transportation Department as:
i.Afour-lane, divided road section from Route 360 to the
Hampton Park Drive intersection.
ii.A four-lane, undivided road section from Hampton Park
Drive through the East/West Connection intersection to a
two-lane road 1,000 feet south of the intersection
(approximately 400' of full width lane with a 600' taper).
iii.A two-lane, undivided road section from approximately
1,000 feet south of the East/West Connection intersection
to Beach Road.
b.Construction of the East/West Connection to VDOT urban minor
arterial standards (50 MPH) with modifications by the
Transportation Department as a two-lane, undivided road section
from the eastern Property line to the western Property line.
c.Construction of left and right turn lanes along Otterdale Road
Extension and the East/West Connection at each approved access,
including at the Otterdale Road Extension and the East/West
Connection intersection, if warranted, based on Transportation
Department standards.
d.Construction of the Otterdale Road Extension intersection with
Beach Road as a three-lane section consisting of a northbound lane
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and two southbound lanes.The exact length of this improvement
shall be approved by the Transportation Department.
e.Construction of a right turn lane and a left turn along Beach Road
at the Otterdale Road Extension intersection.
f.Construction of dual left turn lanes from westbound Route 360 to
southbound Otterdale Road.
g.Deleted per the current request.
h.Construction of a seven (7) lane typical section (i.e., two (2)
southbound lanes and five (5) northbound lanes) at its intersection
with Route 360.The exact length of this improvement shall be
approved by the Transportation Department.
i.Full cost of traffic signal installation or modification, for the
following intersections, if warranted and necessary, based on
Transportation Department standards:
i.Route 360 and Otterdale Road.
ii.Otterdale Road Extensionand the East/West Connection.
iii.Otterdale Road and Hampton Park Drive.
iv.Route 360 and Hampton Park Drive.
j.Construction of left and right turn lanes along Otterdale Road at
the Hampton Park Drive intersection, if warranted, based on
Transportation Department standards.
k.Construction of dual left turn lanes from westbound Route 360 to
southbound Hampton Park Drive with an additional lane of
pavement (receiving lane) on Hampton Park Drive to Ashbrook
Parkway.
l.Construction of dual right turn lanes along northbound Hampton
Park Drive at its intersection with Route 360.The exact length of
this improvement shall be approved by the Transportation
Department.
m.Withdrawn in Case 02SN0209.
n.Dedication to Chesterfield County, free and unrestricted, of any
additional right-of-way (or easements) required for the
improvements identified and phased as outlined herein.In the
event the Developer is unable to acquire the right-of-way
necessary for the road improvements as described, the Developer
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may request, in writing, the County to acquire such right-of-way as
a public road improvement.All costs associated with the
acquisition of the right-of-way shall be borne by the Developer.In
the event the County chooses not to assist the Developer in
acquisition of the "off-site" right-of-way, the Developer shall be
relieved of the obligation to acquire the "off-site" right-of-way, and
only provide the road improvement that can be accommodated
within available right-of-way as determined by the Transportation
Department.
o.The phasing of these improvements shall be as outlined herein
unless otherwise requested by the Developer and approved by the
Transportation Department.
i.Prior to recordation of a cumulative total of more than 500
single family detached residential units (or equivalent
densities as approved by the Transportation Department),
the Developer shall construct the improvements specified
in proffers 3.a.(i), 3.f., and part of 3.h. (i.e., a five (5) lane
typical section, two (2) southbound lanes and three (3)
northbound lanes), unless it is demonstrated by an updated
traffic study (acceptable to the Transportation Department)
that any of these improvements are not yet needed (as
determined by the Transportation Department) then a
revised phasing plan indicating the changes to the road
improvements shall be submitted to and approved by the
Transportation Department.
ii.Prior to recordation of a cumulative total of more than 600
single family detached residential units (or equivalent
densities as approved by the Transportation Department),
the Developer shall construct the Otterdale Road Extension
in 3.a.(ii) and (iii) from its existing terminus to Beach
Road, 3.d., and 3.e., unless it is demonstrated by an updated
traffic study (acceptable to the Transportation Department)
that any of these improvements are not yet needed (as
determined by the Transportation Department) (except for
the completion of Otterdale Road Extension from its then
existing terminus to Beach Road as a two-lane road) then a
revised phasing plan indicating the changes to the road
improvements shall be submitted to and approved by the
Transportation Department.
iii.Prior to recordation of a cumulative total of more than 700
single family detached residential units (or equivalent
densities as approved by the Transportation Department),
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the Developer shall construct the remaining improvements
in 3.h (i.e. two (2) additional northbound lanes along
Otterdale Road), unless it is demonstrated by an updated
traffic study (acceptable to the Transportation Department)
that any of these improvements are not yet needed (as
determined by the Transportation Department).
iv.Prior to recordation of a cumulative total of more than 1200
single family detached residential units (or equivalent
densities as approved by the Transportation Department),
the Developer shall construct the improvements specified
in 3.k., and 3.l., unless it is demonstrated by an updated
traffic study (acceptable to the Transportation Department)
that these improvements are not yet needed (as determined
by the Transportation Department) then a revised phasing
plan indicating the changes to the road improvements shall
be submitted to and approved by the Transportation
Department.
v.Prior to recordation of any subdivision plat or final
approval of any site plan a phasing plan of the remaining
road improvements shall be submitted to and approved by
the Transportation Department.Such phasing plan shall
include the above referenced phases. (T)
The Applicant hereby amends Proffered Condition 11 of Case 02SN0209 to read
as follows:
(CPC)4.Transportation Densities.For traffic planning purposes, the maximum
density of the Property (which for clarification purposes represents the
remaining undeveloped portion of the development not including the 210
previously recorded single family detached units) shall be 30,000 square
feet of shopping center, 20,000 square feet of general office, convenience
market with 12 vehicle fueling positions, 200 student day care center,
2,060 single family detached residential units or equivalent densities as
approved by the Transportation Department. (T)
(CPC)5.Emergency Access. A temporary emergency access road may be provided
to Beach Road, if relief to access requirements, as identified in the
Subdivision Ordinance, is granted by the Director of Planning or Planning
Commission. (P)
(Staff Note: Except as amended with this case, all other conditions of Case
02SN0209 shall remain in force and effect.)
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GENERAL INFORMATION
Location:
The request properties arelocatedon the east and west line of Otterdale Road, 1,010 feet
south of Hampton Glen Drive and fronting on the north and south line of Harpers Mill
Parkway, east and west of Otterdale Road. Tax IDs 708-663-6796, 709-663-2165, 710-
664-1435, 711-661-6074, 712-663-7727, 712-664-3659, 713-662-9633, 713-663-2879,
714-664-9003, 714-666-5402, 715-662-0772, 715-665-5669, 716-662-3359 and 716-665-
9329.
Existing Zoning
:
R-12with conditional use planned development
Size:
993.2acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North-R-9 and R-12with conditional use planned development; Single-family
residential or vacant
South, East and West-R-9, R-12; R-25;and A; Single-family residential or vacant
UTILITIES
Public Water and Wastewater Systems:
For the undeveloped portions of the Harper’s Mill development the use of the public water
and wastewater systemsis required by Condition 1 of Case 02SN0209.The request will not
impact the public water and 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 in this area is
identified in the County's adopted Public Facilities Plan,Thoroughfare Planand Capital
Improvement Programand further detailed by specific departments in the applicable sections of
this request analysis.
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Fire Service:
The Public Facilities Plan,an elementof the Comprehensive Plan,indicates that fire and
emergency medical service (EMS) calls increased by forty-four (44) percent from 2001 to
2011, significantly faster than the county’s population increase of seventeen (17) percent.
Of the total incidents in 2011, nearly seventy-six (76) percent were medical emergencies
and twenty-four (24) percent were fire-related. It is expected with the general aging of the
population that medical emergency incidents will increase faster than the rate of
population growth over time.Five (5) new fire/rescue stations are recommendedfor
construction by 2022 in the Plan. In addition to the five(5)new stations, the Plan also
recommends the replacement/revitalization of four (4) existing stations.
Based on 2,392 dwelling units, this request will generate approximately 273 calls for fire
and emergency medical service each year.
The applicant has not fully addressed the impact on fire and EMS due to the applicant not
increasing cash proffers in accordance with the Board’s Cash Proffer Policy.
The Winterpock Fire Station, Company Number 19, currently provides fire protection
and emergency medical service.
Fire and EMS will address the issue of emergency access and relief to Section 17-76 of
the Subdivision Ordinance through the subdivision process.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:
IMPACT OF DEVELOPMENT ANALYSIS:
Residential
Yield:2,266
Student
Yield From No. of
Functional % of
SchoolNameResidential MembershipTrailers
CapacityCapacity
Development **
*
Elementary:Winterpock47886091794%0
Middle:Bailey Bridge2581,4291,55392%0
High:Cosby3472,0251,750116%9
Total:1,083
NOTE: *The Student Yield is based on the FY2014 Cash Proffer Methodology as provided by the
Chesterfield County Finance Department.
NOTE: **If a school is less than 90% of capacity and has trailers, those trailers are not identified
in the staff report.
Student Membership is based on membership as of 09-30-13.
School Capacity is based on the 2012-13 Space Utilization
Study.
After review of this request, the proposed amended rezoning case will continue to have a
substantialimpact on the aforementioned schools involved.The capacity at Cosby High
School is close to the 120percentovercapacity threshold with its percentage of capacity
at 116percent.Over time this case, combined with other tentative residential
developments, infill developments and zoning cases in the area, will continue to push
elementary and secondary schools beyond their capacity.Therefore, the aforementioned
units should continue to be subject to full cash proffers, to mitigate the impact that this
development would have on schools.
Libraries:
The development noted in Case 14SN0534 would likely impact the existing Clover Hill
Library or one of two new libraries recommended to serve the anticipated increased
population in this area of the County.The Public FacilitiesPlanrecommends expansion
or replacement of the existing Clover Hill Library and also recommends two new
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libraries.One of the proposed new libraries would be located in the vicinity of Otterdale
and Hull Street Roads and one would be located in the vicinity of Genito and Otterdale
Roads.This case does not provide the current recommended level of cash proffers to
support these public facilities.
Parks and Recreation:
The Public Facilities Planidentifies the need for three (3) regional parks totaling 600
acres, ten (10) community parks totaling 790 acres, nine (9) neighborhood parks totaling
180 acres, and three (3) water-based special purpose parks. The Planalso identifies the
need for urban parks within mixed use developments to compliment and provide linkages
to the County’s park system. The Planidentifies the need for linear parks & trails and
resource-based special purpose parks [historical, cultural and environmental] and makes
suggestions for their locations. The Planalso addresses the need to expand existing park
sites to meet level of service standards.The Planalso identifies the need to improve
access to blueways through the acquisition of easements and properties. Co-location with
schools and other compatible public facilities is desired.
Per the Board’s Cash Proffer Policy, the cash proffers set in Case 02SN0207 do not
adequately address the impacts of this development on parks and recreation facilities.
County Department of Transportation:
In December 2003, the Board of Supervisors rezoned approximately 1,196 acres (Case
02SN0209) for a mixed use project (“Harper’s Mill”), and accepted several proffered
conditions regarding transportation. The existing zoningestablished a maximum density,
which allows 75,000 square feet of retail, 40,000 square feet of office, 1,200 single-
family units, 600 retirement units, and 400 townhouse units; or equivalent traffic
generation (Proffered Condition 11 of Case 02SN0209). This density could generate
approximately 20,210 average daily trips. These vehicles would be initially distributed
along Hull Street Road (Route 360) and Beach Road which had 2012 traffic counts of
25,560 and 1,195 vehicles per day, respectfully. Since the rezoning for Harper’s Mill, 210
single-family lots have been recorded. This rezoning request includes the balance of the
undeveloped land contained within Harper’s Mill.
The applicant is requesting to modify several proffered conditions of Case 02SN0209.
The requested modifications are to proffered conditions involving the maximum density,
required road improvements, and the phasing of those road improvements. In accordance
with the Development StandardsManual in the Zoning Ordinance, a new traffic impact
analysis was necessary to assist in evaluating the requested modifications.
The new traffic analysis evaluated the requested increase in the maximum density at
build-out, including the 210 recorded lots. The requested change to the maximum density
would allow 30,000 square feet of retail, 20,000 square feet of office, a convenience
marketwith twelve (12)vehicle fueling positions, a 200 student day care, and 2,270
single-family units, including the 210 lots already recorded; or equivalent traffic
generation (Proffered Condition 4). The revised maximum density was analyzed
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assuming a percentage of the traffic from Harper’s Mill would travel through Ashbrook
Subdivision via Shady Banks Drive. The requested maximum density at build-out is
anticipated to generate approximately 29,130 average daily trips.
In order to provide acceptable levels of service for the requested maximum density,
specific road improvements are required at the Route 360/Otterdale Road intersection.
The existing zoningrequiresconstruction of triple left turn lanes along the westbound
lanes of Route 360 to southbound Otterdale Road, and dual right turn lanes along the
northbound lanes of Otterdale Road to eastbound Route 360 (Proffered Conditions 8.g
and 8.h of Case 02SN0209). The new traffic analysis indicates that the triple left turn
lanes along westbound Route 360 will not be required, but dual left turn lanes will be
needed. The analysis also indicates that dual left turns, two through lanes, and a single
right turn lane will be needed for northbound Otterdale Road. The applicant has proffered
these road improvements. (Proffered Condition 3.h)
The existingzoning specifies the phasing for construction of some of the major road
improvements. The applicant is requested to delay the timing of some of those road
improvements. The existing zoningwould require some of the improvements to the
Route 360/Otterdale Road intersection be constructed prior to recordation of more than
400 single-family units or equivalent traffic generation (Proffered Condition 8.o.(i) of
Case 02SN0209). The applicant is requesting that the initial improvements to that
intersection be provided prior to recordation of more than 500 single-family units
(Proffered Condition 3.o.(i)). Similarly, the existing zoningwould require the extension
of Otterdale Road to Beach Road prior to recordation of more than 500 single-family
units or equivalent traffic generation (Proffered Condition 8.o.(ii) of Case 02SN0209).
The applicant is requesting to increase that threshold to more than 600 single-family units
(Proffered Condition 3.o.(ii)). The applicant has also proffered to complete the required
road improvements at the Route 360/Otterdale Road intersection prior to recordation of
more than 700 single-family units or equivalent traffic generation. (Proffered Condition
3.o.(iii))
The Transportation Department supports the requested modifications as outlined above.
However, the Board of Supervisors’ Cash Proffer Policy allows for the reevaluation of all
residential zoning cases that were previously approved and are now being considered for
rezoning. The applicant has not addressed the Board’s Policy for mitigating the traffic
impact of this proposed residential development. Therefore, the Transportation
Department cannot support the request.
Virginia Department of Transportation(VDOT):
All transportation related proffered improvements noted under Access Plan and
Transportation are subject to complying with all VDOT Standards.Of those, please note
the following with respect to Access Management and signal warrants.
Access Management –Proposed access connection points through or within
Harpers Mill shall meet the regulation spacing requirements.Such proposed
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connections shall be proposed with accompanying turn lane analyses as
prescribed by VDOT turn lane warrants.
Signal Improvements–Signal installation/modifications are subject to VDOT
study evaluation at each phase of proffered improvements with the
implementation of said improvements contingent on meeting warrants.Study
review/re-submission at each phase may be required.
Financial Impact on Capital Facilities
Per Dwelling
Unit
Potential Number of New Dwelling Units2,266 *1.00
Population Increase6,055.462.67
Number of New Students
Elementary477.200.21
Middle258.850.11
High346.580.15
Total1,082.630.48
Net Cost For Schools$ 21,402,370 $ 9,445
Net Cost for Parks$ 2,825,702 $ 1,247
Net Cost for Libraries$ 731,918 $ 323
Net Cost For Fire Stations$ 1,606,594 $ 709
Average Net Cost Roads$ 18,171,054 $ 8,019
Total Net Cost$ 44,737,638 $ 19,743
*Based on the maximum number of remaining units to be built.
The applicant has requested to modify conditions of the original case (02SN0209), which was
approved in December 2003 with cash proffers in the amount of $7,800 per dwelling unit, which
was the maximum cash proffer in place at the time of application. The case also included a credit
in the schools category for age-restricted units. Both types of housing units included a Marshall
and Swift Building Cost Index escalation; the current full cash proffer is $12,922 and $7,014 for
age-restricted units.
This proposed development will have an impact on capital facilities. Staff has calculated the
fiscal impact of every new dwelling unit on schools, roads, parks, libraries and fire stations at
$19,743 per unit. The Cash Proffer Policy allows the County to assess the impact of all dwelling
units in previously approved zoning cases that come back before the Planning Commission and
Board of Supervisors using the calculated capital facility costs in effect at the time the case is
reconsidered.
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 of $18,966
for each dwelling unit, in this case. Staff recommends the applicant fully address the impact of
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all units on capital facilities. 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 Comprehensive Plandesignates the majority of the request property for Suburban
Residential I use where residential development with a maximum of 2.0 dwellings per
acre is appropriate. Aportion of the request siteis also designated for
Conservation/Recreation uses.
Area Development Trends:
Surrounding properties are zoned Residential (R-9, R-12 and R-25), Residential
Townhouse (R-TH) or Agricultural (A) and are occupied by single-family residential
uses or remain vacant. The existing residential subdivisions of Hampton Park and
Ashbrook lie to the north of the request property. It is anticipated residential development
will continue in this area, as suggested by the Plan.
Zoning History:
On December 17, 2003 the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved rezoning (Case 02SN0209) of a 1,196.2acre tract
(of which the request property is a part) from Agricultural (A) to Residential (R-12) with
conditional use planned development approval to permit exceptions to ordinance
requirements. A mixed-use development with various types of residential housing,
commercial and office useswas planned.Conditions of zoninglimited residential
development to a maximum of 2,392 dwelling units.To date, 210residential lots have
been recorded.
Site Design:
The existing and proposedzoning would permit the request property to be developed for
a mix ofsingle-family,townhouse, multifamily and cluster residential uses as well as
commercial, office and recreational uses.
Existing and proposed conditions of zoning continue to require elevateddesign elements
such assidewalks, street trees, street lighting, landscaping, and open space/common areas
for certain types of residential dwellings (cluster residential, cluster residential condo,
residential townhouse or multifamily residential).The Textual Statement (Exhibit B) and
approved master plan(Attachment 1) with Case 02SN0209identify the type and location
forthesepermitted dwelling uses.
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Lighting for Recreation Uses:
Existingconditions of zoning restrict exterior lighting for recreational uses to a maximum
of twenty (20) feet. Modification of this condition is proposedto permit playfields (such
as tennis, basketball, soccer, volleyball and baseballfields and courts) to have lighting
exceed twenty (20) feet in height(Textual Statement, Item l). The Ordinance would
continue to regulate lighting illumination levels measured at adjacent propertylines
zoned for agricultural or residential usesand requireslight fixtures to be directional and
capable of shielding the light source. These Ordinance requirements will mitigate any
potential adverse impact on adjoining properties with any light fixtures that are installed
within the development. Allother recreational lighting fixtures for the development
would continue to be limited to twenty (20) feet in height.
Cluster Residential (Required Lot Area and Setbacks):
To provide flexibility in the proposed subdivision layout, adecreaseinthe minimum lot
area for “Cluster Residential”lot types from 6,000 to 5,000 square feetis requested
(Textual Statement, Item 2.b.).In conjunction with the reduced minimum lot size, a
reduction inthe minimum setbacks forthe side, corner side and rear yardsis proposed
(Textual Statement, Item 2.d.).The applicant states that the decreasedyard setbacks are
necessary to increase the buildable area for thesesmaller lots.These changes in the
setbacks are outlined in the table below:
Case 02SN0209 Case 14SN0534
(Approved)(Proposed)
Side YardDetached Units: Detached Units:
2 side yards –one 2 side yards –
being 5’ and the each being a
other being 10’;minimum of 5’;
15’ minimum
distance between 10’ minimum
buildingsdistance between
buildings
Corner Side 25’15’
Yard
Rear Yard25’20’
To reduce the impact of garage doors on the streetscape within these smaller lot
developments,conditions would restrict how farfront-loaded garages for “Cluster
Residential”dwellingsmay protrude pastthe front facade of the dwelling or front porch.
(Textual Statement, Item 2.l.)
Emergency Access to Beach Road:
Access from the request property to Beach Road is currently limited to one (1) accessvia
the Otterdale Road Extension(Condition 7.c. of Case 02SN0209).The applicant requests
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to modify this condition to allow temporary emergency access to Beach Road(Proffered
Conditions 2 and 5).The developer may request relief to access as subsequent sections of
development are recorded. Staff notes that the applicant is not requesting relief to access
as a part of this zoning application. Instead, this amendment to zoning would permit an
emergency access road to access Beach Road if the Director of Planningor Planning
Commission grant relief to access via the Subdivision Ordinance.
CONCLUSIONS
While the proposed transportation amendments are consistent with the evaluation of a new traffic
analysis, and the modifications to lighting, setbacks, and lot sizes are acceptable, the applicant
has not fully addressedthe impact of all units on capital facilities per the Board’s Cash Proffer
Policy.The request exceeds the Board’s five (5) year time limitation to consider such requests
and deem the previously approved cash profferadequate to address the capital impacts of this
modified development proposal.
Given these considerations, denialof this request is recommended.
CASE HISTORY
Applicant (12/9/13):
The applicant amended the zoning request andTextual Statement to remove the deletion
of the requirement to have multifamily dwellings limited to senior housing.
Planning Commission Meeting (12/17/13):
The applicant did not accept staff’s recommendation, but did accept the Planning
Commission’s recommendation.There was no opposition present.
Mr. Patton and Mr. Waller notedthe Cash Proffer Policy provisions relative tozoning
amendments considered beyond five (5) yearsfrom the original approval dateare
intended to deter land banking. With the inclusion of Marshall and Swift on the original
cash proffer, as well as the improvements that have already been constructed in Harpers
Mill, the request should not be subject to today’s maximum cash proffer.
Dr. Wallin noted support giventhe approved cash proffer amount,as indexed by
Marshall and Swift, would continue to be offered;significant road improvements are
proffered for the Route 360 and Otterdale Road intersection; and conditions of zoning
will continue to address impacts of the development on the County.
The Commissionacknowledged withdrawal of the elimination of the age-restriction
requirementfor multifamily dwellings.
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On motion of Dr. Wallin, seconded by Mr. Waller, the Commission recommended
approvaland acceptance of the proffered conditions on pages2 through 6.
AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller.
The Board of Supervisors, on Wednesday, January 22, 2014beginning at 6:30 p.m., will take
under consideration this request.
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