03SN0201-June18.pdfJune 18, 2003 BS
ADDENDUM
03SN0201
Lanco Corporation
Dale Magisterial District
Beulah Elementary, Salem Middle and Bird High School Districts
Northeast quadrant of Salem Church and Kingsland Roads
REQUEST: Rezoning from Agricultural (A) to Residential (R-12).
PROPOSED LAND USE:
A single family residential subdivision with a minimum lot size of 12,000 square feet
is planned. Proffered Condition 3 limits the development on the property to ninety
(90) lots yielding a density of approximately 1.94 dwelling units per acre.
The fiscal impact analysis found in the "Request Analysis and Recommendation" does not reflect the
current number of units. The following chart analyzes the correct number of units.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
Fiscal Impacts on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 90* 1.00
Population Increase 244.80 2.72
Number of New Students
Elementary 21.60 0.24
Middle 11.70 0.13
High 15.30 0.17
TOTAL 48.60 0.54
Net Cost for Schools 436,230 4,847
Net Cost for Parks 62,370 693
Net Cost for Libraries 33,750 375
Net Cost for Fire Stations 36,090 401
Average Net Cost for Roads 369,810 4,109
TOTAL NET COST 938,250 10,425
*Based on a proffered maximum number of units. (Proffered Condition 3)
2 03SN0201-JUNE18-ADDENDUM-BOS
June 18, 2003 BS
ADDENDUM II
03SN0201
Lanco Corporation
Dale Magisterial District
Beulah Elementary, Salem Middle and Bird High School Districts
Northeast quadrant of Salem Church and Kingsland Roads
REQUEST: Rezoning from Agricultural (A) to Residential (R-12).
PROPOSED LAND USE:
A single family residential subdivision with a minimum lot size of 12,000 square feet
is planned. Proffered Condition 3 limits the development on the property to ninety
(90) lots yielding a density of apProximately 1.94 dwelling units per acre.
To address concerns of the County Attorney's office, Proffered Conditions 18 and 19 relative to
prohibiting group homes were withdrawn. To address concerns of the Dale District Supervisor,
Proffered Condition 17.A. 1. was revised to clarify the restrictive covenant providing that no lot shall
be used except for residential purposes.
Staff continues to recommend approval as provided in the "Request Analysis".
(NOTE: PROFFERED CONDITION 17.A.1. WAS MODIFIED AND PROFFERED
CONDITIONS 18 AND 19 WERE WITHDRAWN SUBSEQUENT TO THE COMMISSION'S
CONSIDERATION OF THIS REQUEST AND AFTER THE CASE APPEARED IN THE
NEWSPAPER. SHOULD THE BOARD WISH TO CONSIDER THESE REVISED PROFFERS,
THEY MUST UNANIMOUSLY AGREE TO SUSPEND THEIR PROCEDURES.)
PROFFERED CONDITIONS
17.A. 1. No lot shall be used except for residential purposes. No business uses (profit
or non-profit) including home occupations shall be conducted on the
premises. (P)
Providing a FIRST CHOICE Community Through Excellence in Public Service.
18.
19.
Withdrawn
Withdrawn
2 03 SN0201-JUNE 18 -ADDENDUMII-BOS
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June 18, 2003 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
03SN020-1
Lanco Corporation
Dale Magisterial District
Beulah Elementary, Salem Middle and Bird High School Districts
Northeast quadrant of Salem Church and Kingsland Roads
REQUEST: Rezoning from Agricultural (A) to Residential (R-12).
PROPOSED LAND USE:
A single family residential subdivision with a minimum lot size of 12,000 square feet
is planned. Proffered Condition 3 limits, the development on the property to ninety
(90) lots yielding a density of approximately 1.94 dwelling Units per acre.
PLANNING: COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 11 AND THAT PROFFERED CONDITIONS 18 AND 19 NOT BE
ACCEPTED.
(NOTE: PROFFERED CONDITIONS 10 AND I I WERE MODIFIED AND PROFFERED
CONDITIONS 18 AND 19 WERE SUBMITTED SUBSEQUENT TO THE COMMISSION'S
CONSIDERATION OF THIS REQUEST AND AFTER THE CASE APPEARED IN THE
NEWSPAPER. SHOULD THE BOARD WISH TO CONSIDER THESE REVISED :AND
ADDITIONAL PROFFERS, THEY MUST UNANIMOUSLY AGREE TO SUSPEND THEIR
PROCEDURES.)
STAFF RECOMMENDATION
Recommend approval, provided that Proffered Conditions 18 and 19 relative to group homes are not
accepted. This recommendation is~ made for the following reasons:
Providing a FIRST CHOICE Community Through Excellence in Public Service.
The proposed zoning and land use conform to the Central Area Plan which' sUggests
the property is appropriate for residential use of 1.to 2.5. Units per acre.
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 need for roads, schools, Parks, libraries and fire stations is identified
in the County's adopted Public Facilities Plan, the Thoroughfare Plan and Capital
Improvement Program and the impact of this development is discussed herein.-The
proffered conditions adequately mitigate the impact on caPital_ facilities;, thereby
insuring adequate service levels are maintained as necessary to protect the health,
safety and Welfare of County citizens.
The County Attorney's Office has advised that State Law prohibits local land use
regulation of group homes'other than as outlined in the State' Code.
(NOTES: THE ONLY CONDITION THAT MAY BE.IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER MAY PROFFER .OTHER CONDITIONS.' THE CONDITIONS
NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH'-STAFF AND THE
COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY
STAFF. CONDITIONS WITH: ONLY A "CPC" ARE ADDITIONAL CONDITIONS
RECOMMENDED. BY THE PLANNING COMMISSION.) ~ .
PROFFERED CONDITIONS
(STAFF/CPC)
1. Public water and wastewater shall.be used. (U)
(STAFF/CPC) 2.
The applicant, subdivider, or assignee(s) shall, pay the.following, for
infrastructure improvements within the service district for the
property, to.the county of Chesterfield ~prior. to the issuance of
building permit:
$9,000.00 per dwelling unit, if paid prior .to July 1, 2003; or
The amount approved by the Board of Supervisors not to
exceed $9,000.00 per dwelling unit adjusted upward by any
increase in the Marshall .and Swirl-building cost' index
between'July 1, 2002, and. July 1 of the fiscal year in which
the payment is made if paid after jUne 30, 2003..
Inthe event the cash payment is not used:for which proffered
within 15 years of receipt, the cash shall be returned in full to
the payor. (B&M)
2 03SN0201-JUNE18-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
o
o
o
The maximum density of this development shall not exceed ninety
(90) lots, (P)
Except for 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 Department
and the approved devices installed. (EE)
Direct access from the property.to'-Kingsland Road' and to Salem
Church Road shall be limited to one (1) public road onto each
roadway: The exact locatiOn of these accesses shall be approVed'by
the Transportation Department. (T)
Prior to tentative subdiviSion approval; revised centerlines for
Kingsland Road based on VDOT, Urban Minor Arterial StandardS (50
MPH) and for SalemChurch Road:based on VDOT Urban Collector
Standards (40 MPH), with any modifications approved by the
Transportation Department, shall be submitted to and approved by the
Transportation Department. In. conjunction with recordation of the
initial subdivision plat, forty-five (45) feet of right-of-way along the
north side Of Kingsland Road and'thirty, five (35) feet of right-of-way
along the east 'side of. Salem Church. Road~ measured from the
approved revised c.enterlines of that Part of the roadWays immediately
adjaCent tothe property, shall be dedicated, free and unrestricted, to
and for the benefit of CheSterfield County. (T)
To provide an adequate roadway system, the developer shall be
responsible for the following improvements:
Construction of additional pavement along-Kingsland Road
and alOng Salem Church Road at each approved access to
provide left and right turn lanes, if warranted, based on
Transportation Department. standards.
bo
Widening/imprOving the north side of Kingsland Road and
the east' side of Salem Church Road to an eleven (1!) foot
wide travel lane, measured from the existing centerline of the
road, with an additional one (1) foot wide paved shoulder plus
a seven (.7) foot wide unpaved shoulder, with any
modifications approved bythe .Transportation Department, for
the entire property frontage:
Co
Clearing/grading in the southwestern comer of the property to
'provide adequate sight distance for drivers traveling
3 03sN0201-JUNE18-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
11.
12.
13.
14.
westbound on Kingsland Road approaching the Kingsland
Road/Salem Church Road intersection, as determined .by the
TransportatiOn Department at time of' construction plan
review.
Dedication to and for the benefit of Chesterfield County, free
and unrestricted, of any additional right-of-way-... (or
easements) required for the improvements identified above.
(T)
-Prior to any construction plan approval, a phasing ,plan -. fOr the
required rOad improvements, as identified in proffered ConditiOn 7;
shall be submitted to and approved by the Transportation Department.
(r)
Manufactured homes shall not be permitted. (P)
Family daycare homes (providing care tomore than five (5) children)
and group care facilities shall not be permitted. (P)
The following shall be recorded as .restriCtive covenants
conjunction with the recordation of anY subdivision plat:
ao
No manufactured homes, as defined bY the.Code of Virginia,
shaH' be allowed to become a .residence, temporary/or'.
permanent.
bo
No family daycare homes (providing care to more than five
(5) children) or group care facilities; as defmed by the
CheSterfield County Code;shall be permitted inany dwelling
unit: (P)
The minimum gross floor area for one .story dwelling units shall be.
1700..square feet and dwelling units with' more than one story'shall '
have a minimum gross floor area of 1800 square feet. A maximum-of
thirty (30) homes shall be permitted to. have a gross flOor area ofless
than2;000 square feet. (BI& P)
All .exposed portions of the foundation of each new dwelling, unit
shall .be faced with brick or stone veneer. 'Exposed piers supPorting
front porches shall be faced with-brick or.stone veneer. (BI & P)
A fifteen (15) foot tree preservation strip, exclusive of required yards,
shall be maintained along the eastern propertyline adjacent to GPIN
780-672-2584 and 780-673-2415, and 2566.' Utility easementS shall
4 .03SN0201.-JUNE18-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
15.
16.
17.
be permitted to cross this' strip in a perpendicular, fashion. Any
healthy trees that are six (6) 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. This condition shall not preclude the removal of
vegetation from the tree preservation strip that is unhealthy, dying or
diseased. (P)
In conjunction with the recordation of the initial subdivision plat, a
public access easement,' of approximately thirty (30) feet in width
along Reedy Branch Creek, shall-be dedicated free. and unrestricted,
to and for the benefit of Chesterfield County. The exact location and
width of this easement shall be approved by the Parks and Recreation
Department. (P&R)
Development on the Pmpertyshall be Phased as follows:
a)
b)
c)
No more than a cumulative total of forty (40) lots shall be
recorded prior to July 1, 2004.
No more than a cumulative total of sixty-fiVe (65) lots shall be
recorded prior to JulY 1, 2005:
No more than a cumulatiVe total of ninety (90) lots shall be
recorded prior to 'July 1,. 2006. (P)
The' follOwing shall be recorded as deed .restrictionS in conjUnction
with the recordatiOn of any subdivision plat:
A. Proposed Declaration of Protective Covenants:
1. No Lot shall be used except for residential purposes.
No improvements including, without limitation, a
dwelling, accessory structure, or.addition such as a
carport, driveway,, porch, sidewalk, roof, lamp post,
fence, garage, or .other outbuildings, landscaping,
antenna, or similar device, or change in the exterior.
color or siding-material shall be made, erected,
altered,~or replaced unless two sets: of detailed plans
and specifications, including a site plan locating all
such improvements and describing eXterior finishes
(material and color,, including roof) have first been
submitted to 'and approved by Declarant in writing,
o
Declarant reserves unto itself the right and privilege to
install gas lines, water lines, sewer lines, storm
5 03sN0201-JUNEl:8-BOS
sewers, electric lines, telephone and telegraphpoles,
lines and wires, and other 'utilities and appurtenances
in the street and roadS ofthe Subdivision and: along
the property lines 'of the_ Lots, and to grant to other
.persons, companies, or corporations any orall ofsuch
rights and privileges, but. the reservation of suCh rights
shall not relieve, any grantee form the obligation t°
pay the usual and customary charges made', with
respect to his Lot for the installation and/or
connection of utilities.
In considering requests for approval of fences and
hedges, the following general guidelines will be
applied:
Ao
No fence 'shall be permitted in the front yard
of any Lot (between the building setback I'me
and street line).
No fence or hedge shallgenerally be permitted
higher than 42 inches of any Lot.
No chain link fences or fences-of Other
materials similar in natUre or appearance will
bte permitted.oh any Lot..
Declarant may in its absolute'-discretion wmrve-or
modify these guidelines and conSider such other
criteria as it shall deem appropriate.
No sign of any kind shallbe displayed to'public View
on any Lot, unleSs first' apProved in writing 'by
Declarant, except on sign :of notmOre than four (4)
square feet advertising theProperty for Sale or rent; or
signs used by a the initial _construction and-sales
period·
No use shall be made. ofanY Lot, 'or any part thereof
which constitutes a nuisance 'or which .would
adversely affect the value ~or marketability. of other
Lots, No stables, swine, sheep; cows, or the like shall
be permitted on anyLOt. All traSh; garbage and/or
rubbish shall be kept in Sanitary containers locatedso
as not to be visible froma Public 'street except as
necessary for limited timesin connectiOn with pickup
and removal by disposal, services:and except during
periods of constmction. '
6 03SN0201-JUNE18~BOS
o
10.
11.
12.
13.
14;'
15.
16,
No driveway, entranceway, or sidewalk shall be
constructed on any Lot unless approved as provided in
paragraph 2.
No swimming pool shall be located nearer to any
street line than the rear building line of the dwelling.
No structure of-a temporary Character or any trailer,
tent, barn, or Other oUtbuildings shall be used on any
Lot at any time as a residence, either temporarily or
permanently~
No trees over six (6) inches in diameter shall be
removed from any Lot without the prior written
approval-of Declarant.
No portable air conditions units will be place in any
window of a dwelling or other building if visible from
a public street.
No exterior television antenna (including "dish" tyPe)
or other antennas shall-be permitted to extend over
five (5) feet above the roofline.of any building~
No motor vehicle will be parked on or adjacent:to any
Lot which does not have a current state license,'state
inspection sticker, and county license, and no
commercial vehicle, such. as-a school bus, delivery
track, or other large vehicle or equipment. will be
.parked on a street inthe.subdivision or on any Lot. No
recreational 'vehiCle (mobile home, camping trailer,
and other similar vehicles) shall be parked on a street
in the Subdivision or on a Lot-eXcept in. a driveway
shown on plans that have been:approved as provided
in Paragraph 2.
Any one or more of the covenants or. restrictions
imposed by paragraphs I through 14 above may.be
waived or modified} in whole or in part, as to the
entire Subdivision or and part thereof, by written
instrument, signed by Declarant and recorded where
these restrictions are recorded.
In addition to the foregoing conditions and
restrictions, the Lots shall be subject to easements for
7 '03SN0201-JUNE18-BOS
17.
20.
2'1,
drainage and utilities, including power and telephone
lines, as shown on the plat,, and any'other easementS
of record at the time Of conveyance of-any Lot.
Invalidation of any. one of the. provisions of these
restrictions by judgement, Court order, or otherwise.
shall in .no way affect any of. the 'other provisions
which shall remain in full force and effect.
Declarant-reserves-the. right to assign and transfer to
any person, persons, Or entity: Some.or all of its righ!s..~
provided, herein and in' such-event such. transferee
shall have and may exercise all. such rights to the same
extent as if he, they, or it Werethe Declarant. i' "
Declarant shall have ~the'full '.right and privilege to
enfOrce all restrictions and-COnditions contained
herein by appropriate proceeding at law for damages'
and/or in equity for appropriate injunctive relief and
restraining:orders t° preyent viOlations, or to require~
violations to be correctedi tOgether-. With: damages
sustained including~ without !imitation, attorneys' fees
and costs. In additiofi, any-Owner shall have~ after
seventy-five percent-(75%) or more of the Lots:haVe'
been conveyed to purchasers Other than builders, :the'
right to enforce compliance With these restrictions as
provided in this paragraPh. ~ .
These restrictions: 'shall mn with' .the. land and be-
binding upon any_ and. al!: succeeding Owners, :their
personal representativeg,-.i.estates; heirSll deviseeS, ~
assigns, or successors ininterest~ or any otherPartied
having or taking aninterestin Otto the Property, or
any part thereOf, and- shall aUtomatically, be emended
for successive periods of: ten ..(t0) 'years.-. unless
otherwise proVided in a ~tten instrument executed
by the owners of a majority of the Lots'in the
SubdiVision unless a release, waiver, or'breach of any
one or more oftherestriCtions contained herein or any
Part thereof is required 0r agreed' to.by a court or.
governmental authority having jurisdictiOn, over:the
property,. ~
Declarant, as owner of ali'°f the property subjectedto,
the Declaration, .shall, .at 'such. time as it:deems-
8
03SN020I-JUNE18-BoS:
apprOpriate, .cause to be incorPorated.under the laws
of the Commonwealth of Virginia a non profit
corPoration to be named "Bendahl Valley
HomeoWner's Association" or a similar name (the
"Association").
All OWners shall be members (!'Members'.') of
the Association and shall be entitled to one (1)
vote, per each Lot oWned by. them (provided,
however, that if a Lot is oWned by more than
one .oWner, the owners of such Lot shall be
entitled to only one vote between them), on all
matters which are required to be decided by a
vote. of the Members of the AsSociation.
The Members shall annually elect a fiVe (5)
member bOard of. directors (the ,Board of
Directors") which shall be responsible for
operating the Association, provided, however,
that until such time as eighty-five percent
(85%) of the Lots are oWned by personsother.
-than builders of the .Declarant, the Board of
Directors shall consist of five (5) directOrs all
of whom shall be selected by the Declarant.
Each year the Board of Directors shall prepare
an annual budget (the "Budget") con 'talning an
itemization of the expenses, which it
anticipates, the Association will incur during
the Upcoming year to fulfill its responsibilities
hereunder. The Budget shall be sent to each
oWner together with a notice of assessment
(the "Annual Assessment") for the oWner's pro
rata share of the budget; which shall be
computed by dividing the total Budget by the
nUmber of .Lots. Upon receipt of the Annual
Assessment, each OWner shall be required to
make payment of' the same in the manner
designated by the Board of DirectOrs.
In addition to any Annual Assessments, the
Association may levy in any assessment year a
special assessment. (the "Special Assessment")
applicable to that year only for the purpose of
defraying in whole or in part the cost Of any
reconstmcti0n, unexpected repair, or
replacement · of' a capital improvement,
including the necessary fixtures and personal
9 03SN0201-JUNE18-BOS
22..
property related thereto, provided that any
such Special Assessment shall have 'the.
consent of the Owners of two-thirds (2/3) of
the lotsl
Any Annual Assessment of Special
Assessment (the "Assessments") which is not
paid by an Owner within such time as shall be
determined by the Board of DirectOrs shall
bear interest at a rate per annum determined
by the Board of Directors from such date until
paid and shall constitute a lien upon the Lot
owned by such Member. Such lien shall have
priority over all o~er liens including, with0m
limitation, mortgages, deeds of trust, or any
other lien hereafter placed upon any Lot,
except a first mortgage of deed of trust
securing a .loan by a bona fide institutional
lender to which such lien shall be subordinate.
No Owner may waive or escape liability for
the assesSments hereunder for any reason. No
~ale or other tranSfer shall relieve any owner
from liability for any Assessments due nor any
Lot from the lien of any ASsessments. The
amount of any such lien may be enforced' by
suit or otherwise at the election Of the
Association'. and the OWner shall be required
to reimburse the Association for all attorneys'
fees and.expenses incurred in So doing, the
amount of which shall'also constitute a lien on.
the LOt as herein provided. Notwithstanding
the above, a party who acquires title to a Lot
by virtue of the foreclosure' of lien secured by
a first mortgage of deed of trust to which this
lien is subordinate or by a'deed 6r assignment
in lieu of foreclosure any liability of lien
chargeable to such Lot on account of any
period of time prior to such acquisition-of
title. Said acquiring party shall, however, be
bound by the provisions of this Declaration
including, without limitation, Assessments
effective after.said acquisition of title.
The Declarant hereby reserves the fight, at Declarant's
sole discretion, to 'add the Additional Land-to the
10 03SN0201-JUNE18-BOS
property subject to the Declaration o'f Protective
Covenants. (P)
18. Group homes .shall not be permitted. (P)
19.
The following shall be recorded as restrictive, covenants in
conjunction with the recordation of any sUbdivision plat:
ao
NO. group homes, as defined by .the Chesterfield County
Code, shall be permitted in any dwelling unit. (P)
GENERAL INFORMATION
Location:
Northeast quadrant of Kingsland:and Salem Church Roads. Tax 1D 779:673-Part.of 4929
(Sheet 18).
Existing Zoning:
A
Size:
46.4 acres
Existing Land .Use:
vacant
Adjacent Zoning and Land Use:
North, R-7; Single family residential or vacant
South - A and R-9; Single familyresidential or vacant
East , A; Single family residential .
West - A; Single family residential or vacant
UTILITIES
Public Water System:
There is an existing sixteen (16)inch water line extending alOng the west side of Salem
Church Road, adjacent to this site. 'In addition, a small sectionOf atwelve (12) inchwater
line fronts. On Kingsland Road that is fed by an eight (8) inch waterline in Sir LionelPla%.
- 11 03SN0201'-JUNE18~BOS
This water line is adjacent to this site. Use ofthepublic Water system is intended and has
been prOffered. (Proffered Condition 1)
Public Wastewater System:
There isan existing twenty-one (21) inch wastewater trunk line extending along a portion of
Reedy Creek and terminates-adjacent to Indian Springs Road; approximately 1,200 feet east
of the request site. Use of:the public wastewater system is intended and has been proffered
(Proffered' Condition'l). To facilitate future wastewater service, it is anticipated that
concurrent with this development, the Reedy Branch Wastewater Trunk line will be extended
to the Western most boundary of this site.
ENVIRONMENTAL
Drainage and Erosion:
The property drains north to a tributary of Kingsland Creek, and a wide RPA is located
adjacent to 'the creek. The property is woOded .and shOuld not be timbered without first
obtaining a land disturbance: permit frOm'the Environmental:Engineering Department
(Proffered Condition 4).-'This Will insure that adequate erosion control meaSures are in place
prior to any land disturbance p6rmit.
PUBLIC FACILITIES
The need for roads, schools, parks,, libraries, fire statiOns and transportation facilities is identified in
the Public Facilities Plan, the Thoroughfare Plan and the Capital-Improvement Pro gram and further
detailed by-specific 'departments in the'applicable section of Ihis "Request Analysis".' This
development will have an impact On .these facilities.
Fire Service:
The Airport Fire/Rescue station, Company Number 15,'currently provides.fire protection and
emergency medical service. The Public Facilities Plan indicates that emergency services'
calls are-expected to increase forty-five (45) percent by 2015: Eight (8) new fire/rescue
stations are recommended for construction by 2015 .in the Plan.- BaSed on 116 dwelling units,
this request will generate aPprOximately forty-two (42) calls-for fire and EMS serviceseaCh
year. The applicant has addressed the impact on fire service. (Proffered COndition 2)
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.
Schools:
Approximately sixty-one (61) new students will'be generated by this: development. This :Site
lies :in the Beulah Elementary SchoOl attendance zone: Capacity- 6!0 enrollment - 616';
12 03SN0201-JUNE1.8:BOS
Salem Middle School zone: capacity- 1,030, enrollment- 1,195; and Bird High School
zone: .capacity- 1,650, enrollment- 1,811.
This development will have an impact on the schools involved. There are currently two.(2)
trailers at Beulah Elementary, thirteen (13) trailers at Salem Middle and five (5) at Bird High
SChool. The applicant has addressed the impact on schools. (Proffered Condition 2)
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..Even if.
the facility improvements that have been made since the Public FacilitieS Plan was published
are taken.into account, there is still an unmet need for additional, library space throughout the
County. This development w0uld most likely impact the Meadowdale or Central. Libraries.
The Plan indicates a need .to add library space in these service areas. An expansion of the
Meadowdale Library is included in the Library's currentCapital Improvements Plan (CIP).
The applicant has addressed the impact of this development on: libraries. (prOffered
COndition 2)
Parks and Recreation:
The Public Facilities P1an identifies the need for four (4) new regional parks. In addition,
thereis currently a shortage of community park acreage in the Coun!y, The Plan identifies a
need for 625 acres of regiOnal park space and i 16 acres of community park space by2015.
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 proposed development on Parks and Recreation facilities;
(Proffered Condition 2)
public access easements along riparian areas are requested to. protect the right to provide a
pedestrian connection from .residential areas to Ironbridge park facilities. Proffered
COndition-15 provides that~in conjUnction with the recordationofthe initial subdivisi°n plat,
a public access easement along Reedy Branch Creek will be dedicated to .the County..The
construction of a trail connection will only be provided by Parks and Rec,reationifddven by
community interest in such a facility. (Proffered Condition 15)
Transportation:
This request consists of approximately forty-six (46) acreS, currently zoned Agricultural (A).
The applicant is requesting rezoning to Residential (R-.12). The applicant has proffered that
development will not exceed a density of two and a half (2.5) units per acre (Proffered
Condition 3). Based on single family trip rates, development could.generate approximately
1,110 average daily trips: These vehicles will be distributed' along KingSland-Road and
13 03SN0201:JUNE18-BOS
Salem Church Road, which had-2003 traffic counts of 2,948 and 3,787 vehicles per day,
respectively. .
The'only r°ad improvement project in this area of the County that is included in the Six-Year
Secondary Road Improvement-Plan, is a project to reconstruct SaleTM Church Road as a two
(2) laneroad from just north of Kingsland Road to Beulah Road. Construction on this project
is anticipated to begin in Spring 2003.
The :Thoroughfare Plan identifies Kingsland Road as a major'arterial with a recommended
right ofway width of ninety (90).feet, and identifies Salem Church Road as a collector with a
recommended right of way width of seventy (70) feet: The applicant has proffered to dedicate
forty-five (45) feet of right of way measured from a revised centerline of Kingsland Roadand
dedicate thirty-five (35)feet of right of way measured from a revised centerline of Salem
Church ROad, in accordance with that Plan. (Proffered Condition 6)
Accessto major arterials, such as Kingsland Road, andto collectors, such as Salem Church
Road, should be controlled. The applicant has proffered that direct access from the property
to Kingsland Road and Salem Church Road. will be limited to one (1) public road onto each
roadway: (Proffered Condition 5)
The trafficimpact ofthis development must be addressed. The applicant has Proffered to: 1)
construct left and right mm lanes along Kingsland Road and Salem Church Road at each
public road intersection,-if warranted 'based-on TransPortation Department standards; 2)
widen the north side of Kingsland' Road and the east.side Of Salem ChurCh Road to a total
travel' way width of eleven i(11) feet measured'from the existingcenterline with an:additiOnal
one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved shoulder for the entire
property frontage; and 3):clearing/grading in the-southwestern comer of the property to
provide adequate sight distance-for drivers traveling westbound on. Kingsland Road
approaching the Kingsland Road/Salem Church Road interSection (Proffered Condition 3).
Utility poles are located along the north side of Kingsland Road. In order to provide
improvements to Kingsland Road, these utility poles must be relocated behind the new ditch.
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. :Kingsland Road and Salem Church.Road will be directly
impacted bY development of this Property. Sections Of Kingsland Road have nineteen (19) to
twenty (20) foot wide pavement.with no shoulders and poor horizontal alignment. SeCtions
of-Salem Church Road ~have nineteen (19) to twenty' (20) foot wide pavement with no
'shoulders and also. has poor vertical and horizontal alignments~ The capacity of both roads is
acceptable (Kingsland Road - Level of Service C and Salem Church Road - Level of Service
D) for the volume of traffic they currently carry, The standard typical section for Kingsland
Road and Salem Church Road Should be twenty-four (24)'foot wide pavement; with
minimUm of eight (8) foot wide-shOulders. The applicant has proffered to Contribute Cash, in
an amoUnt consistent with' the Board of SuperviSors' policy, towards mitigating the traffic
impact of this development. (Proffered Condition 2)
14 03 SN0201-JUNE 18~B OS
The property is located in the northeast comer of the Kingsland Road/Salem Church Road
intersectiOn. The design Of the internal street network developed within the property should'
not create an attractive "cut'through" route for drivers traveling along Kingsland'Road and
Salem.Church Road. At time of tentative subdivision review, specific recommendations will
be provided regarding the proposed internal ·street network.
Financial Impact' on Capital Facilities:
Potential Number of New Dwelling Units I 16* ' - 1 ~00
PopUlation InCrease .315.52'" i'....":. . ..': 2·.72'.
Number' of New Students
Elementary.. 27.84 '... -" . ' . .:. 0.24
· ' '..0.13
Middle ·15.08 ' .
High' ' 19.72.· - ' ':." '0.17
· 62. : ' ' ' 0.54
TOTAL . 64 . .
Net Cost for SchOols . '" 562,252 . .' 4,847
Net Cost for Parks -.. ." . 80,38,8. "' '. · "693
Net Cost for Libraries : ' 43;500 ' ' · ' · 375
Net Cost for Fire StatiOns 46,516 ~ ' ' ' ' ": -." 401'
Average Net Cost for Roads 476,644 .. ' ' · :4~.109
TOTAL NET COST
1,209,300
· .. ....-... 10;425
*Based on a proffered maximum of 2.5 .dwelling units.per acre.
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, rOads,.parks;-libraries and fire stations, at
$10,425 per unit. The applicant has been advised that a maximum proffer of $9,000 perunitwoUld
defray the cost of the capital facilities necessitated by this proposed development~ Consistent with
the Board of Supervisors' policy, .and proffers accepted from other apPlicantsl the applicant has
offered cash to assist in defraying the cost of this propOsed zoning ton- such capital facilities.
(Proffered· Condition 2) -
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,
15 . 03SN020 I',JUNEI~8~BOS
LAND USE
ComPrehensive Plan:
Lies within the boundm-ies of the Central Area Plan which suggests the property, is
appropriate for residential use of 1 to 2.5 units peracre.
Area Development Trends:
Area properties are zoned residentially and agriculturally,and are occUpied by single family
residences or are vacant. It is .anticipated that single familY residential zoning and land use
.will continue in the area as suggested by the Plan~
Density:
Proffered Condition 3 limits development to a maximum of ninety (90) lots yielding a
density of approximately '1.94 units per acre, consistent with the recommendations of the
Central Area Plan.
Use LimitationS:
To address concerns of the Dale District Commissioner, proffered conditions prohibit
manufactured homes, family daycare homes, group homes and group care facilities:
('Proffered Conditions 9, 10 and 18)
The ~County Attorney's Office has advised that Proffered Condition 18 should'not be
accepted because State Law Preempts' local governments' authority to regulate group homeS
beyond the limitations prescribed'in State statute. The Commission recommends language
-regarding group homes not be.accepted. Subsequent to the Commission's meeting, the
applicants revised Proffered Condition 10 to omit language relative to group homes.
HOwever, in order to keep the iSsue before the Board of Supervisors, the applicant submitted
Proffered Condition 18 Which prohibits group homes.
It should be noted that acceptance of Proffered Conditions 10 relative to prohibition of family
daycare homes and group.care facilities would not proscribea property owners' ability to
request through the zoning process to amend the proffered conditions and seek approval of a
conditional use. for these uses as specified by Ordinance. Therefore, staff recommends that
this proffer not. be accepted.
Proffered Condition 9 precludes manufactured homes. The Ordinance also precludes
manufactured homes. The proffer has been offered' at the request of the Dale District
Commissioner in anticipation 0fa potential State Law'change which may require localitiesto
allow manufactured homes in residential districtS. If the State Law is amended, depending
upon the adopted language, this proffer may or may not be enforceable in the future.
16
03SN0201-JUNE18-BOS
Restrictive Covenants:
To ·address concerns of the Dale District Commissioner, a proffered condition requires
restrictive covenants to be recorded in conjunction with the recordation of.any SubdiVision
plat that· prohibit manufactured homes, .family dayCare homes, group homes and gr°up.care
facilities. (Proffered Conditions 11 and 19) .
-The County Attorney's Office has advised that Proffered Condition 19 should not be
acceptedbecause State Law preempts local govemments"authority to regulate group homes
beyond the limitations prescribed in State statute. Requiting the recordation of the '~groUP
home" covenant through the. zoning process would warrant legal, recOgnition'of the COvenant
as a zoning condition and as such, as a local restriction on group homes. ' : ·
The Commission recommends language regarding group homes not be accepted. Subsequent
to the :Commission's meeting, the applicant revised Proffered Condition 1.1 to Omit language
relative t° group homes. However, in order to keep: the' issue: before the Board' of
Supervisors, the applicant submitted Proffered Condition .19 which provides restrictive
covenants will be recordedto prohibit group homes.
Further, to address concerns of area residents regarding quality of the overall development,
Proffered Conditions 11, 17 and.19 require restrictive covenants to be recorded with the
recordation of any subdivision plat. 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.. / ' '
House Sizes and-Treatment:
To .address concems of adjacent property owners and_ the..Dale District COmmissiOner,
proffered conditions address minimum house size and 'foundation treatment.. (Proffered
Conditions 12 and 13)
Tree preservation Strip:
In an attempt to address concems of property owners adjacent along the eastem boundary of
the request property relative to a vegetated separation between their lot and' the dwellings
within the proposed deVelopment,' Proffered Condition 14 requires a treepreservation strip
alOng the eastern property line, adjacent to Tax IDs 780,672-2584 and 780-673-2415 and
2566(Proffered ConditiOni 14). This tree preservation strip will be included within the limits
of the proposed lots. It has been staff's experience that individual homeowners clear these
areas resulting in a zoning Violation on that individual, lot. Given the retention of trees within
this strip will be difficult, if not impossible, for the County to enforce, staff recommends that
Proffered Condition 14 not be accepted.
17 03SN0201';JUNE18~BOS
Phasing:
To address- concems of-area residents and. the: Dale District Commissioner, Proffered
Condition 16 limits the number of lots that can be recorded over. the next three (3) years.
(Proffered Condition 16)
CONCLUSIONS
The proposed Zoning and land Use conform to the Central Area Plan which suggests the property is
appropriate for. residential use .of 1 to 2.5 units' per acre and' iS:representative of existing and
anticiPated area development. The maximum density permitted in this case is 2.5 units per acre
(Proffered Condition 3); the theoretical density is 3.05 Units per acre; and the average actual lots
recorded in Residential (R-12) between 1999.and 2001 was 1.89 units 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 need for transportation,
schools, parks, libraries and fire stationsis identified in the County's adopted Public Facilities Plan,
the ThoroUghfare Plan and Capital Improvement Program and the impact of this development is
discussed herein. The proffered conditiOns adequately mitigate the' impact on capital facilities,
thereby insuring .that adequate service levels are maintained as necessary to protect the health, safety
and welfare of County citizens.'
The County Attorney' s Office has advised that State Law prohibits local land use regulatiOn ofgroup
homes other than as outlined in the State Code.
Given these considerations, approval of this request is recommended provided that proffered
Conditions' 1.8 and 19 relative to group homes not be accepted.
CASE HISTORY
Planning Commission Meeting (3/18/03):.
On. their own motion, the Commission deferred this case to May 20, 2003.
Staff(3/19/03):
The applicant was advised inwriting that any significant new or revised information shOuld
be submitted no later than March 24, 2003, for consideration at the'Commission's May20,
2003, public hearing.
18 03 sN0201-JUNE 18 -B OS
Staff, Applicant, Area Residents and Dale District Commissioner (4/1/03):
A meetingwas held to discuss the applicant's request. Citizens expressed concemsrelating
to increased traffic, over-crowed schools, phasing of development, number and quality of
homes, minimum house sizes and potential impact on wetlands.
Staff, Applicant, Area Residents and Dale District Commissioner (4/24/03):
A meeting was held to discuss additional proffered conditiOns being considered by. the
applicant to address citizens' concerns relative to number and quality of homes, minimum
house sizes and phasing development. -
Applicant (4/29/03):
In'an attempt to address concerns of area citizens and the Dale' District-Commissioner, the
applicant submitted revised and additional proffered conditions relative to density, house
sizes, phasing and restrictive covenants.
Planning Commission Meeting (5/20/03):
The applicant accepted the recommendation. ~here was no oppositi°n present.
On motion of Mr. Litton, seconded by Mr. Gulley,. the Commission recommended approval
and acceptance of Proffered Conditions on pages 2 through 1.1 and that parts'Of proffered
conditions relative to group homes prohibition' not be accepted.
AYES: Unanimous.
Applicant (6/9/03):
.The applicant revised Proffered Conditions 10 and 11 and sUbmitted Proffered Conditions 18
and 19 relative to group homes.
The Board of Supervisors,-on Wednesday, June 18, 2003,. beginning at 7:00 p.m., will take:under
consideration this request.
19 03SN0201-JUNE18-BOS