06SN0220CASE MANAGER: Darla Orr
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January 22, 2014 BS
ADDENDUM
06SN0220
(AMENDED)
Brookstone Builders
Dale Magisterial District
Jacobs Elementary; Manchester Middle; and Clover Hill High Schools Attendance Zones
North line of Jacobs Road
REQUESTS:
L Rezoning from Agricultural (A) and Residential (R-12) to Residential (R-15).
II. Waiver to the street connectivity requirements for Land Grant Drive and Newbys
Wood Trail.
PROPOSED LAND USE:
A single-family residential development with a minimum lot size of 15,000
square feet is planned. The applicant has agreed to limit development to a
maximum of sixty-seven (67) lots, yielding a density of approximately 0.88
dwelling units per acre. Alsq waiver to street connectivity requirements is
requested as no public road access is proposed from the development to Land
Grant Drive and Newbys Wood Trail.
The purpose of this addendum is to communicate revised comments from the Virginia
Department of Transportation (VDOT) and Schools.
On January 21, 2014 staff received revised comments from Schools and VDOT for this case.
Schools advised that their comments are revised to reflect current schools' functional capacities
based on the 2013-14 Space Utilization Study as well as current school trailer data.
VDOT advises that their revised comments include their recent evaluation of the subject
subdivision under the Subdivision Street Requirements (SSR) regulation.
Staff continues to recommend approval of this request, as outlined in the "Request Analysis".
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
Schools:
Residential
Yield: 148
Student
Yield From
Functional No. of
% of
School Name Residential Membership Capacity Capacity Trailers
Development
:~
Elementary: Jacobs Road 31 651 707 92% 5
Middle: Manchester 17 1,431 1,319 108% 20
High: Clover Hill 23 1,875 1,750 107% 0
Total 71
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 tr ailers, those tr ailers are not identified
in the staff report.
Student Membership is based on membership as of 09-30-13.
School Capacity is based on the 2013-14 Space Utilization
Study.
After review of this request, the proposed rezoning case will continue to have a
substantial impact on the aforementioned schools involved. The elementary and
secondary school students generated by the proposal would continue to push enrollment
to capacity and beyond at each school. 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 proposed development would have on schools. (Proffered Condition 2)
Virginia Department of Transportation (VDOT~:
VDOT notes that the Brookstone project has been submitted to Chesterfield County with
a tentative layout under Chesterfield County's tentative process (lOTS0244 -latest plan
dated September 27, 2010, for which comments have been made by VDOT, and others).
The tentative was submitted under the provisions of the VDOT 2009 Subdivision Street
2 06SN0220-20141 ~N22-BUS ~~DD
Acceptance Requirements (SSAR) regulation. Under those regulations, the Land Grant
Drive stub must be connected to for State acceptance consideration. However, requested
by the County on January 16, 2014, through the grandfathering clause of the SSAR's,
was that State acceptance be considered under the provisions outlined in the 2005
Subdivision Street Requirements (SSR) regulation. VDOT accepts the County's request.
Under the SSR's, no stub connection is required to Land Grant Drive as a condition of
State acceptance. Alsq VDOT has no objection to the waiver of street connectivity from
Newby's Wood Trail to Jacobs Road extended.
3 OEiSN0220-20141_~N22-B( )S-_~DD
CASE MANAGER: Darla Orr
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
06SN0220
(AMENDED)
Brookstone Builders
January 22, 2014 BS
Dale Magisterial District
Jacobs Elementary; Manchester Middle; and Clover Hill High Schools Attendance Zones
North line of Jacobs Road
REQUESTS:
L Rezoning from Agricultural (A) and Residential (R-12) to Residential (R-15).
II. Waiver to the street connectivity requirements for Land Grant Drive and Newbys
Wood Trail.
PROPOSED LAND USE:
A single-family residential development with a nunimum lot size of 15,000
square feet is planned. The applicant has agreed to limit development to a
maximum of sixty-seven (67) lots, yielding a density of approximately 0.88
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
dwelling units per acre. Alsq waiver to street connectivity requirements is
requested as no public road access is proposed from the development to Land
Grant Drive and Newbys Wood Trail.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL OF REQUEST I (REZONING) AND ACCEPTANCE OF THE
PROFFERED CONDITIONS ON PAGES 2 THROUGH 6.
RECOMMEND APPROVAL OF REQUEST II (WAIVER TO THE STREET
CONNECTIVITY REQUIREMENTS FOR LAND GRANT DRIVE AND NEWBYS WOOD
TRAIL) AND ACCEPTANCE OF PROFFERED CONDITION 14 ON PAGE 6.
STAFF RECOMMENDATION
Request I (Rezonin
Recommend approval for the following reasons:
A. The proposed zoning and land use complies with the recommendations of the
Comprehensive Plan which suggests the request property is appropriate for
Suburban Residential use (2.0 to 4.0 dwellings per acre).
B. The applicant has offered to address the impact of the development on necessary
capital facilities in accordance with the Board of Supervisors' Policy, thereby
assuring adequate service levels are maintained to protect the health, safety and
welfare of County citizens.
Request II (Waiver to street connectivity to Land Grant Drive and Newbys Wood Trail:
Recommend approval for the following reason:
Absent a connection to Land Grant Drive and Newbys Wood Trail, a sufficient
number of accesses are planned to adequately disperse traffic without causing a
concentrated use of any one (1) stub street, and, with the emergency access to be
constricted at Newbys Wood Trail, to provide access in the event of an
emergency.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS. CONDITION(S) NOTED
"STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC) 1. Utilities. Public water and wastewater systems shall be used. (U)
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(STAFF/CPC) 2. Impacts on Capital Facilities.
A. For each dwelling unit, the applicant, sub-divider, or
assignee(s) shall pay the following to the County of
Chesterfield, prior the issuance of a building permit for
infrastnicture improvements within the service district for
the property; provided, however, that the period through
June 30, 2017, the applicant sub-divider, or assignee(s)
shall pay the following to the County of Chesterfield,
immediately after completion of the final inspection:
i. $18,966.00 per dwelling unit, if paid prior to July 1,
2017; or
ii. If paid after June 30, 2017, and before July 1, 2018,
$18,966.00 per dwelling unit, adjusted for the four
year cumulative change in the Marshall and Swift
Building Cost Index between July 1 of the fiscal
year in which the case was approved and July 1 four
years later. Thereafter, the per dwelling unit cash
proffer amount shall be automatically adjusted,
annually, by the annual change in the Marshall and
Swift Building Cost Index on July 1 of each year.
iii. In the event the cash payment is not used for which
proffered within 15 years of receipt the cash shall
be returned in full to the payer.
iv. Should any impact fees be imposed by Chesterfield
County 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 to be in addition to any
impact fees in a manner determined by the County.
B. Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted bylaw. (B&M)
(STAFF/CPC) 3. Density. A maximum of sixty seven (67) residential lots shall be
permitted. (P)
(STAFF/CPC) 4. Timber Management, for the purpose of enhancing the health and
viability of the forest, under the supervision of a qualified forester,
will only be allowed upon the submission and approval of the
appropriate forest management plan to include, but not linuted tq
erosion control, Chesapeake Bay Act/Wetland Restrictions and the
3 06SN0220-20141 ~N22-BOS-RPT
issuance of a land disturbance permit by the Environmental
Engineering Department. Any other timbering shall be
incorporated into the site development erosion and sediment
control plan/narrative as the initial phase of infrastnicture
constriction and will not commence until the issuance of the actual
site development land disturbance permit. (EE)
(STAFF/CPC) 5. Constriction Traffic. Constriction traffic for the initial
development shall be limited to Existing Jacobs Road and Jacobs
Road Extended and shall be further limited on Existing Jacobs
Road from entering and exiting the site between the hours of 7:45
a.m. and 8:45 a.m. and 2:15 p.m. and 3:15 p.m. on days of the
regular school year.
Note: This prohibits the use of any subdivision street, including
Fordham Road, for the initial constriction access. (P)
(STAFF/CPC) 6. Access.
A. No lots shall have sole access to Double Tree Lane.
B. In conjunction with preliminary plan submittal, an access
plan for Jacobs Road Extended shall be submitted to and
approved by the Chesterfield County Transportation
Department. Access from the property to Jacobs Road
Extended shall be as per the approved plan.
C. There shall be no connection to Land Grant Drive. (T)
(STAFF/CPC) 7. Dedication. In conjunction with recordation of the initial
subdivision plat or within ninety (90) days of a request by the
Transportation Department, whichever occurs first, a seventy (70)
foot wide right-of--way for an east/west collector ("Jacobs Road
Extended") from the eastern property line to the western property
line shall be dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. The exact location of this right-of--way
shall be approved by the Transportation Department. (T)
(STAFF/CPC) 8. On-Site Road Improvements. To provide an adequate roadway
system, the developer shall provide the following road
improvements with the development of the property:
A. Constriction of a traffic island/circle or other alternative
traffic calming device in Jacobs Road Extended if approved
by the Transportation Department and VDOT. The location
OEiSN0220-20141_~N22-BOS-RPT
and design shall be determined at time of tentative
subdivision review;
B. Constriction of two (2) lanes of Jacobs Road Extended, to
VDOT Urban Collector Standards (40 mph) with
modifications approved by the Transportation Department,
from the intersection of Jacobs Road and existing Fordham
Road through the property to the western property line. The
portion of Jacobs Road Extended immediately adjacent to
Tax ID 755-682-5559 shall be located as far north as
practical. The exact length and location of this
improvement shall be approved by the Transportation
Department;
C. Constriction of right and left turn lanes along Jacobs Road
Extended at each public road intersection, as determined by
the Transportation Department
D. Dedication to Chesterfield County, free and unrestricted,
any additional right-of--way (or easements) required for the
improvements identified above. (T)
(STAFF/CPC) 9. Phasing Plan. Prior to any constriction plan approval, a phasing
plan for the required road improvements as identified in Proffered
Condition 8, shall be submitted to and approved by the
Transportation Department. (T)
(STAFF/CPC) 10. Minimum Dwelling Size. The minimum gross floor area for one
story dwelling units shall be 1800 square feet and dwelling units
with more than one story shall have a minimum gross floor area of
2200 square feet. (BI & P)
(STAFF/CPC) 11. Foundations. All exposed portions of the foundation of each new
dwelling unit shall be faced with brick, stone veneer, or decorative
concrete. Exposed piers supporting front porches shall be faced
with brick or stone veneer. (BI & P)
(STAFF/CPC) 12. Tree Preservation. A twenty (20) foot tree preservation strip,
exclusive of required yards, shall be maintained along the
boundary of the development adjacent to Newbys Wood and
Fernbrook Subdivisions. Utility easements shall be permitted to
cross this strip in a perpendicular fashion. Any healthy trees that
are eight (8) inches in caliper or greater shall be retained within
this tree preservation strip except where removal is necessary to
accommodate the improvements permitted by the preceding
sentence. (P)
5 06SN0220-20141 ~N22-BOS-RPT
(STAFF/CPC) 13. Culverts. If any road is an only means of access, the culvert
capacity during the 100-year storm will be designed to linut the
head water elevation to the edge of the pavement at the road sag.
(EE)
(STAFF/CPC) 14. A gated emergency access, approved by the Fire Department, shall
be provided from Jacobs Road to Newbys Wood Trail (FD)
GENERAL INFORMATION
Location:
The request property fronts the north line of Jacobs Road, west line of Fordham Road and
the southern termini of Double Tree Lane and Land Grant Drive. Tax IDs 753-684-4148;
755-683-7406; 756-683-5406; 757-682-0789 and 3089; and 757-683-1431 and Part of
1912.
Existing Zonin
A and R-12
Size:
75.7 acres
Existing Land Use:
Single-family residential or vacant
Adjacent Zoning and Land Use:
North - R-12; Single-family residential or vacant
South - R-15 and R-12, and A; Single-family residential or vacant
East - R-12 and A; Single-family residential, public/semi-public or vacant
West - R-15 and A; Single-family residential or vacant
t rTrr TTrF c
Public Water System:
There is an eight (8) inch water line extending along Newbys Wood Trail that terminates
adjacent to Jacobs Road, approximately 350 feet east of this site. In addition, an eight (8)
inch water line extends along Double Tree Lane and terminates approximately 175 feet
north of this site. Another possible point of access to public water is the existing eight (8)
inch water line extending along Gregory Drive, 400 feet north of this site. An off-site
easement will be required to connect to this line. Note should also be made of an existing
6 06SN0220-20141 ~N22-BOS-RPT
thirty (30) inch water transmission line that extends across the request site north of Jacobs
Road and across the northern most portion of this site. This line experiences a high
variation in pressure depending upon the cycling of the pumps at the Anderson Water
Pump Station, and will not be suitable to serve this development. Use of the public water
system is intended. (Proffered Condition 1)
Per Utilities Department Design Specifications (DS-21), wherever possible, two (2)
supply points shall be provided for subdivisions containing more than twenty-five (25)
lots.
Public Wastewater System:
The public wastewater system is available to serve this site. Atwenty-seven (27) inch
wastewater tnmk line extends along a tributary of Horners Run that crosses this site. The
applicant has proffered to use the public wastewater system. (Proffered Condition 1)
ENVIRONMENTAL
Drainage and Erosion:
The subject property has several perennial streams surrounding and draining through the
property. These streams drain to the north to a tributary of Falling Creels. There are no
known on- or off-site drainage or erosion problems and none are anticipated after
development.
The property is wooded and, as such, should not be timbered without obtaining a land
disturbance permit from the Department of Environmental Engineering and the approved
measures are installed (Proffered Condition 4). This will ensure appropriate erosion
control measures are in place prior to land disturbance.
Water QualitX:
All perennial streams are subject to a 100 foot conservation area, inside of which uses are
very limited. This RPA determination process has now been performed by virtue of this
project's previous submittal as a proposed agricultural subdivision when it went through
the tentative plat approval process in 2010.
In order to provide appropriate emergency access to properties that may only have one
means of access, any proposed road that provides such access that crosses the perennial
stream must be designed such that the 100 year storm does not top the road. (Proffered
Condition 13)
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, the Thoroughfare Plan and the Capital
7 06SN0220-20141 ~N22-BOS-RPT
Improvement Program and further detailed by specific departments in the applicable sections of
this "Request Analysis." This development will have an impact on these facilities.
Fire Service:
The Public Facilities Plan, as part of 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
recommended for constriction 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 sixty-seven (67) dwelling units, this request will generate approximately seven
(7) calls for fire and emergency medical service each year. The Manchester Volunteer
Rescue Squad Fire Station, Number 24, and Manchester Volunteer Rescue Squad
currently provide fire protection and emergency medical service (EMS). The applicant
has offered measures to address the impact on Fire and EMS. (Proffered Condition 2)
Fire and EMS supports the proposed emergency access connection from Jacobs Road to
Newbys Wood Trail as it improves the access in the event of an emergency (Proffered
Condition 14). The connection to the north with Double Tree Lane is acceptable and Fire
and EMS does not require an additional access with Land Grant Drive. (Proffered
Condition 6.C)
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.
8 06SN0220-20141 ~N22-BOS-RPT
Schools:
IMPACT OF DEVELOPMENT ANALYSIS:
Residential
Yield: 148
Student Yield
Functional % of
School Name Res dential Membershi
p
Capacity Trailers
Capacity
Development ,~,~
:~
Elementary: Jacobs Road 31 651 697 93% 5
Middle: Manchester 17 1,431 1,319 108% 20
High: Clover Hill 23 1,875 1,750 107% 0
Total 71
NOTE: The Student Yield is based on the FY2014 Cash Proffer Methodol ogy 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 rezoning case will continue to have a substantial
impact on the aforementioned schools involved. The elementary and secondary school students
generated by the proposal would continue to push enrollment to capacity and beyond at each
school. 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 proposed development would have on
schools. (Proffered Condition 2)
T ,i hrari e~
Consistent with Board of Supervisors' Policy, the impact of development on library
services is assessed County-wide. This development would likely impact the existing La
Prade Library or a planned library in the Reams-Gordon area. The Public Facilities Plan
9 06SN0220-20141 ~N22-BOS-RPT
recommends the new Reams-Gordon Branch address existing and anticipated demand
issues on the existing Le Prade, Clover Hill, Bon Air and Midlothian libraries. The
applicant has offered measures to address the impact of the development on libraries.
(Proffered Condition 2)
Parks and Recreation:
The Public Facilities Plan identifies 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 Plan also identifies the
need for urban parks within mixed use developments to compliment and provide linkages
to the County's park system. The Plan identifies the need for linear parks and trails and
resource-based special purpose parks [historical, cultural and environmental] and makes
suggestions for their locations. The Plan also addresses the need to expand existing park
sites to meet level of service standards. The Plan also 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. The applicant has offered
measures to address the impact of this development on Parks and Recreation facilities.
(Proffered Condition 2)
County Department of Transportation:
The applicant has proffered a maximum of sixty-seven (67) lots (Proffered Condition 3).
Based on trip generation rates for single-family housing, development of the property
could generate approximately 700 average daily trips.
The Thoroughfare Plan, a component of the Comprehensive Plan, identifies a proposed
Collector through the property ("Jacobs Road Extended"). The applicant has proffered to
constrict two lanes of Jacobs Road Extended, with turn lanes and appropriate traffic
calming, through the property in accordance with the Thoroughfare Plan (Proffered
Conditions 7 and 8). Proffered Condition 9 permits these improvements to be phased as
the development occurs.
Access to collectors, such as Jacobs Road Extended, should be controlled to mitigate
vehicular conflict points. The applicant has proffered to submit an acceptable access plan
for Jacobs Road Extended to the Transportation Department in conjunction with
preliminary plan subnuttal. (Proffered Condition 6.B)
The applicant has proffered to contribute cash, in an amount consistent with the Board of
Supervisors' Policy, towards mitigating the traffic impact of development (Proffered
Condition 2). As development continues in this part of the County, traffic volumes on
area roads will substantially increase. Cash proffers alone will not cover the cost of the
improvements needed to accommodate the traffic increases.
10 06SN0220-20141 ~N22-BOS-RPT
Virginia Department of Transportation (VDOT~:
VDOT notes that the Miller's Run project has been submitted to Chesterfield County
with a tentative layout under Chesterfield County's tentative process (lOTS0244 -latest
plan dated September 27, 2010, for which comments have been made by VDOT, and
others). The tentative was submitted under the provisions of the VDOT 2009 Subdivision
Street Acceptance Requirements (SSAR) regulation. The developer has the option of
continuing to use the provisions of the 2009 SSAR, or the developer may opt to use the
provisions of the 2011 SSAR. In either case, the plans shall meet the regulatory
requirement for access management as found under 24 VAC 30-73. Otherwise, VDOT
has no opinion concerning the remaining proffers.
Financial Imbact on Cabital Facilities:
Per Dwelling
Unit
Potential Number of New Dwelling Units 67* 1.00
Population Increase 179.04 2.67
Number of New Students
Elementary 14.11 0.21
Middle 7.65 0.11
High 10.25 0.15
Total 32.01 0.48
Net Cost For Schools $ 632,815 $ 9,445
Net Cost for Parks $ 83,549 $ 1,247
Net Cost for Libraries $ 21,641 $ 323
Net Cost For Fire Stations $ 47,503 $ 709
Average Net Cost Roads $ 537,273 $ 8,019
Total Net Cost $ 1,322,781 $ 19,743
*Based on Proffered Condition 3. The actual number of dwelling units and corresponding impact
may vary.
As noted, this proposed development will have an impact on capital facilities. Staff has
calculated the fiscal impact of every new dwelling unit on schools, parks, libraries, fire stations
and roads as $19,743 per unit. The applicant has been advised that a maximum proffer of
$18,966 per unit would defray the cost of the capital facilities necessitated by this proposed
development.
The applicant has offered cash payments of $18,966 per dwelling unit to adequately assist in
defraying the cost of this proposed development on capital facilities. (Proffered Condition 2)
Note that circumstances relevant to this case have been reviewed and it has been determined that
it is appropriate to accept the maximum cash proffer in this case.
11 06SN0220-20141 ~N22-BOS-RPT
LAND USE
Comprehensive Plan:
The Comprehensive Plan suggests the property is appropriate for Suburban Residential II
use (2.0 to 4.0 dwellings per acre).
Area Development Trends:
Area properties are zoned residentially and agriculturally and are occupied by single-
family residential use within Fernbrook, Newbys Woods and Gregory's Charter
Subdivisions or are vacant. Jacobs Road Elementary School is located east of the
property across Fordham Road. It is anticipated that any development of area properties
will be for residential purposes consistent with densities recommended by the Plan.
Density:
Proffered Condition 3 limits the number of lots permitted to a maximum of sixty-seven
(67), yielding a density of approximately 0.88 dwelling units per acre. There are two (2)
existing dwellings on the request property which would be counted towards the
maximum allowable density.
Dwelling Size and Foundation Treatment:
Proffered Conditions 10 and 11 address minimum dwelling size and foundation
treatment.
Tree Preservation:
In response to concerns from area property owners, Proffered Condition 12 requires that
where the proposed development is adjacent to Newbys Wood and Fernbroolc
Subdivisions, trees of a certain caliper would be preserved. It has been staff's experience
that individual homeowners tend to clear tree preservation areas included within the
boundaries of individual lots. To preserve the integrity of this strip, Proffered Condition
12 should be modified to require that these areas be provided in open space.
Access and Street Connectivi
With the proposed development, two (2) lanes of the collector road planned to connect
Jacobs Road to Courthouse Road (Jacobs Road Extended) will be constricted from
existing Jacobs Road through the property to its western property boundary (Proffered
Condition 8.B). Access for the proposed development will be provided along this
collector, as approved by the County Transportation Department (Proffered Condition
6.B). In addition, two (2) streets from within the Fernbroolc Subdivision (Double Tree
Lane and Land Grant Drive) stub in to the request property along its northern boundary.
Newbys Wood Trail offers a connection from Jacobs Road Extended to the south.
12 06SN0220-20141 ~N22-BOS-RPT
In addition to promoting fire and emergency services safety, subdivision road
connections provide interconnectivity between residential developments, thereby
reducing congestion along collector and arterial roads and providing a convenient and
safe access to neighboring properties.
An exception to the Residential Subdivision Connectivity Policy is requested (Request II)
to preclude any public road connections to Land Grant Drive and only an emergency
access to Newbys Wood Trail (Proffered Conditions 6.C and 14). The Policy allows the
Board, through the Commission's recommendation, to waive the requirement for streets
in new subdivisions to connect to adjacent public streets that are designed as local streets,
residential collectors and thoroughfare streets. Staff must evaluate this waiver based upon
three (3) criteria: (1) there must be a sufficient number of other stub streets to adequately
disperse traffic and not cause a concentrated use of any one (1) stub street; (2) the
connection to a particular stub will cause concentrated traffic at that location; or (3) the
projected traffic volume on any one (1) local street within an existing subdivision
exceeds 1,500 vehicle trips per day.
Several of the streets within the adjacent Fernbrook Subdivision were developed prior to
the adoption of the Planning Commission's Stub Road Policy. As such, the traffic volume
on some of these "lot-frontage" streets, such as Fordham Road, currently exceeds the
1,500 vehicles per day guideline established by the Policy. However, maintaining
available stub road connections could disperse the traffic generated by this proposed
development and not put the traffic burden on particular stub road(s) in violation of the
Policy standards.
The applicants indicate they plan to connect to Double Tree Lane to the north. To ensure
the connection to Double Tree Lane affords connectivity for the entire development,
Proffered Condition 6.A. prohibits lots from having sole access to the road. This access
provides sufficient street access to disperse traffic from the development without a
connection to Land Grant Drive.
The applicants also indicate they do not plan to connect a public road to Newbys Wood
Trail to the south, but offer an emergency access to improve access in emergencies.
(Proffered Condition 14)
Constriction Traffic:
Proffered Condition 5 limits constriction traffic to Jacobs Road and Jacobs Road
Extended, to include limitations during bussing hours for the adjacent Jacobs Elementary
School. This prohibits the use of any subdivision street, including Fordham Road for
constriction access. This proffered condition will be difficult, if not impossible, to
enforce.
CONCLUSIONS
The proposed zoning and land use comply with the recommendations of the Comprehensive Plan
which suggest the request property is appropriate for Suburban Residential use (2.0 to 4.0
13 06SN0220-20141 ~N22-BOS-RPT
dwellings per acre). In addition, the proffered conditions adequately address the impacts of this
development on necessary capital facilities, as outlined in the Board's policy thereby insuring
adequate service levels are maintained to protect the health, safety and welfare of County
citizens.
A sufficient number of accesses are planned to adequately disperse traffic, provide access in the
event of an emergency, and so as not to cause a concentrated use of any one (1) snib street.
Given these considerations, approval of the rezoning (Request I) and waiver to connectivity for
Land Grant Drive and Newbys Wood Trail (Request II) is recommended.
CASE HISTORY
Planning Commission Meeting (11/16/06):
At the request of the applicant, the Commission deferred this case to Febniary 20, 2007.
Staff (11/20/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than December 18, 2006, for consideration at the
Commission's Febniary 20, 2007, public hearing. Alsq the applicant was advised that a
$250.00 deferral fee must be paid prior to the Commission's public hearing.
Staff (1/24/07):
To date, no new information has been submitted, nor has the $250.00 deferral fee been
paid.
Applicant (2/12/07):
The deferral fee was paid.
Planning Commission Meeting (2/20/07):
At the request of the applicant, the Commission deferred this case to April 17, 2007.
1~ OEiSN0220-20141_~N22-BOS-RPT
Staff (2/21/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than Febniary 26, 2007, for consideration at the
Commission's April 17, 2007, public hearing. Alsq the applicant was advised that a
$250.00 deferral fee must be paid prior to the Commission's public hearing.
Staff (3/12/07):
To date, no new information has been submitted, nor has the $250.00 deferral fee been
paid.
Applicant (4/11/07):
The deferral fee was paid.
Planning Commission Meeting (4/17/07):
At the request of the applicant, the Commission deferred this case to June 19, 2007.
Staff (4/18/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than April 23, 2007, for consideration at the Commission's
June 2007, public hearing. In addition, the applicant was advised that a $250.00 deferral
fee must be paid prior to the Commission's public hearing.
Applicant (5/7/07):
Amended proffered conditions were submitted.
Area Residents, Applicant, Staff and Dale District Commissioner (5/10/07):
A meeting was held to discuss transportation impacts for this case. Discussion focused on
the applicant's proposal to relieve traffic on Fordham Road by extending Jacobs Road
from its western terminus to Courthouse Road as a collector road and severing the public
road connection between Jacobs Road and Fordham Road. Concerns were expressed
relative to the lack of connectivity between Fordham Road and Jacobs Road and its
impact on Fernbrook Subdivision, emergency services and the elementary school;
proximity of the new collector road in relation to existing subdivision developments; the
15 06SN0220-20141 ~N22-BOS-RPT
condition of Newby's Bridge Road; constriction traffic; and connectivity to Newby's
Wood. Subdivision.
A follow-up meeting was announced for May 31, 2007, to discuss other case-related
issues.
Staff (5/25/07):
Revised proffered conditions were submitted and the applicant was amended to include
relief to street access requirements. To date, the deferral fee has not been paid.
Area Residents, Applicant, Staff and Dale District Commissioner (5/31/07):
A meeting was held to discuss other case related issues. Concerns were expressed relative
to dwelling unit types, drainage, access, and the phasing of the development and
associated road improvements. It was indicated that the applicant would review
comments from the community meetings prior to determining if additional meetings were
warranted.
Applicant (6/19/07):
The deferral fee was paid.
Planning Commission Meeting (6/19/07):
At the request of the applicant, the Commission deferred this case to their August 21,
2007, meeting.
Staff (6/20/07):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than June 25, 2007, for consideration at the Commission's
August public hearing. The applicant was also advised that a $250.00 deferral fee must be
paid prior to the Commission's public hearing.
Staff (8/1/07):
To date, no new information has been received nor has the deferral fee been paid.
16 06SN0220-20141 ~N22-BOS-RPT
Staff (8/20/07):
The deferral fee was paid.
Planning Commission Meeting (8/21/07):
On their own motion, the Commission deferred this case to their October 16, 2007,
meeting.
Staff (8/22/07):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than August 27, 2007, for consideration at the Commission's
October public hearing.
Applicant (8/29/07, 9/27/07 and 9/28/07):
Revised proffered conditions were submitted.
Applicant (10/2/07):
A waiver to the street connectivity policy was requested.
Planning Commission Meeting (10/16/07):
On their own motion, the Commission deferred this case to their November 20, 2007,
meeting.
Staff (10/17/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than October 22, 2007, for consideration at the
Commission's November public hearing.
Staff (10/26/07):
To date, no new information has been submitted.
17 06SN0220-20141 ~N22-BOS-RPT
Applicant (10/26/07):
Amended and new proffered conditions were submitted. Exhibit A was revised.
Planning Commission Meeting (11/20/07):
At the request of the applicant, the Commission deferred this case to their regularly
scheduled meeting in Febniary 2008.
Staff (11/21/07):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than December 10, 2007 for consideration at the
Commission's Febniary, 2008 public hearing. The applicant was also advised that a
$250.00 deferral fee must be paid prior to the Commission's public hearing.
Applicant (1/8/08):
Revised proffered conditions and Exhibit A were subntted.
Staff (1/11/08):
The deferral fee was paid.
Applicant (1/23/08):
Revised proffered conditions were submitted.
Area Residents, Applicant, Staff and Dale District Supervisor and Commissioner (2/5/08):
A meeting was held to discuss this case. Discussion focused on the applicant's proposal
to extend Jacobs Road to Courthouse Road and a recent change to the proffered
conditions to maintain the public road connection between Jacobs and Fordham Roads.
Varying opinions were shared as to whether severing the Fordham/Jacobs Roads
connection would provide relief to Fordham Road or encourage use of proposed
subdivision streets or the elementary school bus loop to access Fordham Road.
It was generally agreed that the applicant would defer this case to provide additional time
to work through transportation issues with the community and the Dale District
Commissioner.
18 06SN0220-20141 ~N22-BOS-RPT
Planning Commission Meeting (2/19/08):
At the request of the applicant, the Commission deferred this case to their June 17, 2008
meeting.
Staff (2/21/08):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than April 7, 2008 for consideration at the Commission's
June public hearing. The applicant was also advised that a $250.00 deferral fee must be
paid prior to the Commission's public hearing.
Area Community Representatives, Applicant, Staff and Dale District Commissioner (3/19/08):
A meeting was held to discuss this case. Discussion focused on the extension of Jacobs
Road, connectivity between Jacobs and Fordham Roads and project density. Those in
support of the road extension and severing connectivity between Jacobs and Fordham
Roads noted the potential traffic relief to Fordham Road. Those opposed indicated
concern relative to the road extension carrying additional traffic from other communities;
proximity of the extension to neighboring lots; lack of connectivity for emergency
vehicles; use of elementary school bus loop as acct-through; and preference for a
reduction in prof ect density rather than the road extension.
The applicant indicated the need to work further with the Dale District Commissioner
relative to resolution of these issues.
Staff (5/13/08):
To date, no new information has been submitted nor has the deferral fee been paid.
Planning Commission Meeting (6/17/08):
At the request of the applicant, the Commission deferred this case to their November 18,
2008 meeting.
Staff (6/18/08):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than September 8, 2008 for consideration at the
19 06SN0220-20141 ~N22-BOS-RPT
Commission's November public hearing. The applicant was also advised that a $250.00
deferral fee must be paid prior to the Commission's public hearing.
Staff (10/28/08):
To date, no new information has been submitted. The deferral fee was paid.
Planning Commission Meeting (11/18/08):
At the request of the applicant, the Commission deferred this case to their regularly
scheduled meeting in October 2009.
Staff (11/19/08):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than August 10, 2009 for consideration at the Commission's
October 2009 public hearing. The applicant was also advised that a $1,000.00 deferral fee
must be paid prior to the Commission's public hearing.
Staff (9/28/09):
To date, no new information has been submitted.
Staff (10/5/09):
The deferral fee was paid.
Planning Commission Meeting (10/20/09):
At the request of the applicant, the Commission deferred this case to their regularly
scheduled meeting in November 2010.
Staff (10/21/09):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than September 20, 2010 for consideration at the
Commission's November 2010 public hearing. The applicant was also advised that a
$1,000.00 deferral fee must be paid prior to the Commission's public hearing.
20 06SN0220-20141 ~N22-BOS-RPT
Staff (10/21/10):
To date, no new information has been submitted, nor has the deferral fee been paid.
Applicant (ll/15/10):
The deferral fee was paid.
Planning Commission Meeting (11/16/10):
At the request of the applicant, the Commission deferred this case to their regularly
scheduled meeting in March 2012.
Staff (11/17/10):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than January 3, 2012 for consideration at the Commission's
March 2012 public hearing. The applicant was also advised that a $1,000.00 deferral fee
must be paid prior to the Commission's public hearing.
Applicant (2/22/11):
The application was amended to correct the acreage.
Staff (3/2/12):
To date, the deferral fee has not been paid.
Applicant (3/20/12):
The deferral fee was paid.
Planning Commission Meeting (3/20/12):
On their own motion and with the applicant's consent, the Commission deferred this case
to their November 15, 2012 public hearing.
21 06SN0220-20141 ~N22-BOS-RPT
Staff (3/21/12):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than August 31, 2012 for consideration at the Commission's
November 15, 2012 public hearing.
Applicant (10/8/12):
The application was amended to remove the request for relief from street access
requirements and the request to waive street connectivity requirements.
Planning Commission Meeting (11/15/12):
On their own motion and with the applicant's consent, the Commission deferred this case
to Febniary 19, 2013.
Staff (11/15/12):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than November 21, 2012 for consideration at the
Commission's Febniary 19, 2013 public hearing.
Staff (1/29/13):
To date, no new or revised information has been submitted.
Planning Commission Meeting (2/19/13):
On their own motion, and with the applicant's consent, the Commission deferred this
case to May 21, 2013.
Staff (2/20/13):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than March 11, 2013 for consideration at the Commission's
May 21, 2013 public hearing.
22 06SN0220-20141 ~N22-BOS-RPT
Staff (5/2/13):
To date no new or revised information has been received.
Planning Commission Meeting (5/21/13):
On their own motion, and with the applicant's consent, the Commission deferred this
case to their August 20, 2013 public hearing.
Staff (5/22/13):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than June 10, 2013 for consideration at the Commission's
August 20, 2013 public hearing.
Staff (7/25/13):
To date, no new information has been received.
Planning Commission Meeting (8/20/13):
On their own motion, and with the applicant's consent, the Commission deferred this
case to their November 19, 2013 public hearing.
Staff (8/21/13):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than September 9, 2013 for consideration at the
Commission's November 19, 2013 public hearing.
Applicant (9/30, 10/4, 10/7, 10/21 and 10/28/13):
Revisions to proffered conditions and proposed connectivity were submitted.
Planning Commission Meeting (11/19/13):
The applicant's representative accepted the recommendation. There was opposition
present expressing concern relative to increased traffic along Fordham Road and the lack
of sidewallcs along the road. Opposition also expressed concerns relative to increased
23 06SN0220-20141 ~N22-BOS-RPT
traffic along Newbys Wood Trail if a public road connection is made from the proposed
development to the Newbys Woods Subdivision.
In response to neighborhood concerns, Dr. Brown stated that he would be supportive of a
waiver to street connectivity so no public road access would be provided to Newbys
Wood Trail. In response to a question from Dr. Brown, the Fire Department
acknowledged that an emergency access to Newbys Wood Trail would enhance
emergency access for Newbys Wood Subdivision more so than providing increased
emergency access for the proposed development.
The applicant agreed to include a waiver to street connectivity to Newbys Wood Trail
and to proffer that an emergency access would be constricted. (Proffered Condition 14)
On motion of Dr. Brown, seconded by Mr. Patton, the Commission recommended
approval of Request I (Rezoning) and acceptance of the proffered conditions on pages 2
through 6.
AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller.
On motion of Dr. Brown, seconded by Mr. Gulley, the Commission recommended
approval of Request II (waiver to the street connectivity requirements for Land Grant
Drive and Newbys Wood Trail) and acceptance of Proffered Condition 14 on page 6.
AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller.
Board of Supervisors (12/11/13):
On their own motion, and with the applicant's consent, the Board of Supervisors deferred
this case to their January 22, 2014 public hearing.
Staff (12/12/13):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than December 16, 2013 for consideration at the Board's
January 22, 2014 public hearing.
Staff (1/6/14):
To date no new or revised information has been received.
The Board of Supervisors, on Wednesday, January 22, 2014 beginning at 6:30 p.m., will take
under consideration this request.
2~ OEiSN0220-20141_~N22-BOS-RPT
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