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02SN0259-Nov25.pdf4 Where Are We Growir~g? The area's population is projected to continue to grow rapidly, it has been estimated that another 124,588 people will be added during this decade, bringing, the total population to more than 1.21 million by 2010.3 If the growth rate of the past decade were to continue, there would be over 1.5 million residents by 2030, almost double the population in 1990. Population trends have varied widely among localities, and the distribution of population also is. changing as the metropolitan area spreads farther out. Some localities have experienced tremendous population growth, while others have seer~ their nnmbers decline. Population Growth in Richmond 1990-2000 Hanover GoocNand Pawhatan The localities that have added the most residents are the suburban counties of Chesterfield, Henrico, and Hanover. These counties were among the ten most rapidly growing localities in Virginia between 1990 and 2000, and they accounted for almost all of the population growth in the region. This pattern has been true for sonde time. Chesterfield County, for example, has seen its population more than triple since 1970, and Hanover County's population has more than doubled since then. Henrico New Kent Chesterfield ~ Charles City Dinwiddie Hopewell Heights Prince George Petersbun E~ 20% growth or greater~ up to 9,9% growth E~ lO% to 19.9% growth ~ loss Source: u.s. census Bureau In percentage terms, Powhatan, Hanover, and New Kent have seen their population rise the fastest, as the next ring of counties farther away from center cities begin to see greater growth. In contrast, the population of the City of Richmond declined by 2.6% between 1990 and 2000, a drop of over 5,000 residents. The City of Hopewell lost 3.2% of its population while the City of Petersburg suffered the second highest percentage population decrease of any Virginia locality during the past ten years, losing over 12% of its population. 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"~ 0 ~, .; . ~,", · ~.~ .. -I ~< ~ ~ Z ~ 0 ~ ~0 mo ~ ~ o ~ =oo= ~ ~ oe = =~ ~ze~ eo ~ ~Z 0 ~" m ~ O~ m O~ ~ ~ ~ 0 ~ ~ ~0 0 m ~0 ~ ~ ~ ~ = -o ~ ~ o :~ m CD 1 ¢ O~ 0 m Z m ,.~ 0 · 0· ' ~ 0 ~ ~ O~ ~ ~ oq~o m ~ ~ < < < < < < < ~~ < ~ ~ >>> > > > > > > ~ ~, ~ 0 m C ~ -. - == -- o o ( ( : 0 Z "0 :m < o ~' 0 November 25, 2003 BS ADDENDUM 02SN0259 Swift Creek Partners, LLC Matoaca Magisterial District North line of Otterdale Road REQUEST: (AMENDED) Rezoning from Agricultural (A) to Residential (R-12) of 234.7 acres with Conditional Use to allow private recreational facilities on 9.0 acres of the 234.7 acre site. PROPOSED LAND USE: A single family residential subdivision with a maximum of 379 lots is planned, yielding a density of approximately 1.6 units per acre. In addition, recreation facilities to serve residents of the proposed development are planned. On November 25, 2003, the applicants submitted revised and additional proffered conditions to those considered by the Planning Commission. Some of these revisions were prompted by the intent to develop a coordinated plan for the subject property and the property which is the subject of Case 04SN0116. Other amendments are intended to address some of the concerns of area residents. SINCE THESE AMENDMENTS WERE NOT SUBMITTED PRIOR TO ADVERTISEMENT OF THE CASE, THE BOARD WOULD NEED TO SUSPEND THE PROCEDURES TO CONSIDER THE CHANGES. The applicants have indicated that should the Board not suspend the procedures, they desire for the Board to consider amendments that were received on November 10, 2003, prior to advertisement of the case. Staff would note that the November 10t~ proffers contain omissions and technical errors. Staff would not support their acceptance. The recently submitted proffers address those errors as well as some of the concerns expressed by area residents. (Note: The November 10, 2003, proffers are attached.) Proffered Condition 1 has been amended to increase the number of lots from 350 to 379 as a result of reducing the number of lots proposed by Case 04SN0116 by twenty-nine (29) lots and the relocation Providing a FIRST CHOICE Community Through Excellence in Public Service. of proposed recreation facilities from the subject property to the property which is the subject of Case 04SN0116. Proffered Condition 4 has been amended to require dedication of a Residential Collector Street through the property to the property which is the subject of Case 04SN0116 and to the eastern property line in anticipation of the extension of Fox Club Parkway. Proffered Condition 7.b. has been amended to require construction of these roads. Proffered Condition 11 was revised due to the changes in the residential collector street to reference "the residential collector street" as opposed to "Fox Club Parkway Extended". Condition 17 has been deleted which required that certain recreational facilities be constructed on the subject property prior to recordation of more than 300 lots. Those requirements are now proposed to be placed on the companion Case 04SN0116. Proffers have been renumbered accordingly. Proffered Condition 20 (renumbered 19)has been amended to exempt the "Residential Collector Street" from being constructed with concrete curb and gutter. Proffered Condition 21 requiting initial access to Otterdale Road has been deleted thereby further requiting renumbering of the remaining proffers. Proffered Conditions 22 (renumbered 20) and 23 (renumbered 21) have been amended to reference "Fox Club Parkway Extended" as opposed to "Fox Club Parkway"; to require construction of Fox Club Parkway Extended; to correct a typographical error referencing "least" to "last"; and adding to Proffered Condition 23 (renumbered 21) a note that the prohibition to opening "Fox Club Parkway Extended" to traffic tmtil the road is paved does not apply to construction traffic necessary to install utilities and construct the road. Proffered Conditions 23 through 26 have been added requiring side or rear loaded garages; initial access through the property which is the subject to Case 04SN0116 to Woolridge Road; a twenty- five (25) foot tree preservation strip adjacent to the eastern boundary of the common open space adjacent to Foxcrofi Subdivision; and a limitation on phosphorous runoff until such time as the County obtains its initial permit for the impletnentation of the Upper Swirl Creek Watershed Plan. Staff continues to recommend approval of this request for the reasons outlined in the "Request Analysis and Recommendation". Further, staffrecommends acceptance of the revised and additional proffered conditions. PROFFERED CONDITIONS i 1. A maximum of 379 lots shall be permitted. (P) In conjunction with record tight-of-way for a residenti to and for the benefit of 12 ~tion of the initial subdivision plat, a sixty (60) foot wide collector street shall be dedicated, free and unrestricted, hesterfield County (the "Residential Collector Street"). 2 02SN0259-NOV25-ADDENDUM-BOS The exact location of this right-of-way shall be approved by the Transportation Department. The right-of-way for the Residential Collector Street shall be as follows: from Otterdale Road to the northem property line adjacent to Property Identified as Tax ID 71267645820000; and from the part of the Residential Collector Street identified in proffered condition 4.a. above to the eastern property line at the Fox Cron Subdivision. (T) Construction of two (2) lanes of the Residential Collector Street as described in Proffered Condition 4: 11. A fifty (50) foot buffer required in accordance with the Subdivision Ordinance along Otterdale Road shall be located within recorded open space. A thirty-five (35) foot buffer required in accordance with the Subdivision Ordinance along the Residential Collector Street shall be located within recorded open space. (P) Delete condition 17 and renumber conditions 18 through 23 accordingly. 19. Public subdivision roads, except for the Residential Collector Street, shall be constructed with concrete curb and gutter. (EE) Delete renumbered condition 20 and renumber conditions 21 and 22 accordingly. 20. Plans for extending Fox Club Parkway from its current terminus to the eastem property line ("Fox Club Parkway Extended") within Foxcroft Subdivision shall be submitted to the Planning Commission (either separately or in conjunction with tentative subdivision plan submission) for approval. If submitted separately, the developer shall be responsible for notifying the last known representative of the Fox Croft Homeowner's Association on file with the Planning Department of the submission of the plans and such notice shall occur at least twenty-one (21) days prior to the Commission's consideration of the plan. The developer shall provide the Planning Department with a copy of the notice. To the extent permitted by VDOT such plans shall include the following: ao Curb and gutter shall be used and shall be designed to accommodate pedestrian/bicycle crossing near the intersection with Fox Gate Lane; bo The road typical section shall be a maximum width of twenty-eight (28) feet face of curb to face of curb except that for a section from the Fox Gate Lane Intersection west for an approximate distance of 100 feet the road typical section shall be a minimum six (6) foot wide raised median which shall be 3 02SN0259-NOV25-ADDENDUM_BOS sodded and irrigated, and the pavement width on either side of the median shall be a maximum of fifteen (15) feet face of curb to face of curb; c. The road typical section shall be located generally in the center of the right of way with minimal disturbance of vegetation on either side of the road; d. Landscaping along both sides of the road (which may include existing vegetation) to minimize the view of the road from adjacent lots; and e. A paved bicycle path on one (1) side of the road. (T) The developer shall be responsible for the construction of Fox Club Parkway Extended. (T) 21. 23. 24. 25. 26. Fox Club Parkway Extended in Foxcroft Subdivision shall not be opened to traffic until the road is paved. (T) (NOTE: This does not preclude construction traffic necessary to install utilities and construct the road.) All dwellings will have side or rear loaded garages. (P) Initial access for development of the property shall be provided through the adjacent parcel to the North (Tax ID 7112676458200000) to Woolridge Road. (T) A twenty-five (25) foot tree preservation strip within the proposed lots shall be maintained along the eastern boundary of the common open space described in Proffered Condition 16. This shall not include a tree preservation strip along the northem boundary of the common open space described in Proffered Condition 16. Utility easements and right-of-ways shall 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) The developer shall leave in place temporary sediment control devices and/or construct new BMP's or combinations of BMP's which would achieve a maximum phosphorous runoff limit o:f 0.22 pounds per acre per year until Chesterfield County obtains its initial permit fo~ the implementation of the Upper Swift Creek Watershed Plan. (EE) 4 02SN0259-NOV25-ADDENDUM-BOS PROFFERED CONDITIONS A maximum of 379 lots shall be permitted. (P) The public water and wastewater systems shall be used. (U) With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering until a land disturbance permit has been obtained from the Emfronmental Engineering Department and the approved devices have been installed. (EE) In conjunction with recordation of the initial subdi~dsion plat, a six .ty(60) foot wide fight- of-way for a residential collector street shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield Coun .ty (the "Residential Collector Street"). Theexact location of this right-of-way shall be approved by the Transportation Department. The Residential Collector Street shall commence at Otterdale Road and connect to the following: the northern propem.- line adjacent to Property. Tax ID Number 71267645820000 (the subject of rezoning case 04SN0116); and to the eastern property, line at the Fox Croft Subdivision ("Fox Croft Parkway Extended"). ' 5o In conjunction with recordation of the initial subdivision pla~ fom~-five (45) feet of right- of-way on the east side of Otterdale Road, measured from the c~nterline of that part of Otterdale Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County.. (T) Direct access from the property, to Otterdale Road shall be lflnited to one (1) public road. The exact location of tl~is access shall be approved by the Trmmportation Department. To provide an adequate roadway system at the time of complete development, the owner/developer shall be responsible for the follo,Mng: Construction of additional pavement along Otterdale Road at the public road intersection to provide left and right turn lanes, based on Transportation Department standards; Construction of the Residential Collector Street described in Proffered Condition 4; Construction of a three (3) lane typical section (i.e., one (1) eastbound lane and two (2) westbound lanes) for the public road at its intersection x~5th Otterdale Road. The exact length of this flnprovement shall be approved by- the Transportation Department; and ' Dedication to Chesterfield County, free and unresthcted, of any additional fight- of-way (or easements) required for the improvements ~dentified above. Provided, however, in the event the developer is unable to acquire any "off-site" right-of-way that is necessary for any improvement described in 7(a), the developer may request, in ~ting, that the County 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 wa.~, the developer 10. 11. 12. 13. 14. 15. shall be relieved of the obligation to acquire the "off-site" right-of-way and only be required to provide required road improvements within available right-of- way as determined by the Transportation Department. Prior to any construction plan, a phasing plan for the required road improvements, as identified in Proffered Condition 7, shall be submitted to and approved by 'the Transportation Department. (T) The exposed surfaces of the foundations of each dwelling shall be covered with brick or stone veneer or exterior insulation and fmishing systems (EIFS) materials. (P) All dwellings shall have a minimum gross floor area of 2,500 square feet. (P) A fifty (50) foot buffer required in accordance with the Subdivision Ordinance along Otterdale Road shall be located within recorded open space. A thirty-five (35) foot buffer required in accordance with the Subdivision Ordinance along the Residential Collector Slxeet shall be located within recorded open space. (P) The applicant, subdivider, or assignee(s) shall pay the following to the County- of Chesterfield prior to the issuance of each building permit: a. $7,800 per lot, if paid prior to July 1, 2002; or The mount approved by the Board of Supervisors not to exceed $7800.00 per lot adjusted upward by any increase in the Marshall and Swift building cost index between Jul3, 1, 2001, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2002; and Co In the event the cash payment is not used for the purpose for which proffered within 15 years of receipt, the cash shall be returned in full to the payor. All lots shall have a minimum area of 15,000 square feet. (P) To the extent permitted by the Transportation Department and VDOT, in conjunction with the construction of the internal road nem, ork, three (3) traffic islands/circles shall be provided. The exact design and location of these traffic islands/circles shall be approved by the Tmspottation Department. Recreational Facilities. Any recreational facilities shall be subject to the folloudng restrictions: a. There shall be no outside public address systems or speakers. With the exception of playground areas which accommodate swings, jungle gyms, or similar such facilities, all outdoor play fields, courts, swimming pools and similar active recreational areas shall be located a minimum of one hundred (100) feet from any proposed or existing single family residential lot line and a minimum of fifty. (50) feet from any existing or proposed public road. Within the one hundred (100) foot and rift), (50) foot setbacks, a fifty. (50) foot buffer shall be prox'ided along the perimeter of all active recreational facilities except where adjacem to any existing or proposed roads. This buffer shall conform to the requirements of the Zoning Ordinance for fifty. (50) foot buffers. Any playground areas (i.e., areas accommodating swings, jungle ..gyms or similar such facihties) shah be located a minimm of forty (40) feet from all property. 16. 17. 18. 19. 20. lines. A forty. (40) foot buffer shall be provided along the perimeter of these recreational facilities except where adjacent to any existing or proposed roads. This buffer shall conform to the requirements of the Zoning Ordinance for fifty (50) foot buffers. Nothing herein shall prevent development of indoor facihties and/or parking within the one hundred (100) foot setback. Exterior lighting for recreational uses shall comply with Section 19-573 of the Zoning Ordinance, and the maximum height for light posts shall not exceed twenty (20) feet. The location of all active recreational uses shall be identified in conjunction ~4th the submittal of the first tentative subdivision plan. In conjunction with the recordation of any lot adjacent to active recreational area(s), such area(s) shall be identified on the record plat along with the proposed recreational uses and required conditions. (P) A minimmn of fifty (50) feet of common open space shall be maintained adjacent to Foxcrofi Subdivision. Except for utilities, pedestrian/bicycle paths and roads which mn generally perpendicular thi-ough the buffer, there shall be no uses permitted in the buffer. Except where necessary to provide the uses stated herein,, any healthy trees that are six (6) inches or greater in caliper shall be retained unless removal is approved through the subdivision process. The developer shall notify, the last known representative of the Foxcroft Homeowners Association on file with the Planning Department of the submission of tentative subdivision plans. Such notice shall occur at least twenty-one (21) days prior to the approval of such plans. The developer shall provide the Planning Department with a copy of the notice. Construction traffic for development of the subdivision shall be prohibited on Fox Club Parkway through Foxcrofi Subdivision. (NOTE: This does not preclude construction traffic necessary to install utilities within, or build. Fox Club Parkway within Foxcroft Subdivision). Public subdivision roads, except for the Residential Collector Street,, shall be constructed with concrete curb and gutter. Plans for Fox Club Parkway Extended within Foxcrofi Subdivision shall be submitted to the Planning Commission (either separately or in conjunction with tentative subdivision plan submission) for approval. If submitted separately, the developer shall be responsible for notifying the last known representative of the Fox Croft Homeo,amer's Association on file with the Planning Department of the submission of the plans and such notice shall occur at least twenty-one (21) days prior to the Commission's consideration of the plan. The developer shall provide the Planning Department with a copy of the notice. To the extent permitted by VDOT such plans shall include the following: Curb and gutter shall be used and shall be designed to accommodate pedestrian/bicycle crossing near the intersection with Fox Gate Lane; The road t).?ical section shall be a.maximum w4dth of twenty-eight (28) feet face of curb to face of curb except that for a section from the Fox Gate Lane Intersection west for an approximate distance of 100 feet the road ,typical section shall be a minimum six (6) foot wide raised median wlfich shall be sodded and irrigated, and the pavement width on either side of the median shall be a maximum of fifteen (15) feet face of curb to face of curb; The road .typical section shall be located generally in the center of the right of way with minimal disturbance of vegetation on either side of the road; do Landscaping along both sides of the road (which may include existing vegetation) to minimize the view of the road from adjacent lots; and e. A paved bicycle path on one (1) side of the road. 21. Fox Club Parkway Emended in Foxcroft Subdivision shall not be opened to traffic until the road is paved. (NOTE: This does not preclude construction traffic necessary to install utilities and construct the road.) 22. All dwellings will have side or rear loaded garages. 23. At a minimum,, the following restrictive covenants shall be recorded for the development: Architectural Board The Architectural Board shall have exclusive jurisdiction over all original construction. modifications, additions or alterations made on or to all existing improvements, and the open space, if an)', appurtenant thereto on all property... It shall prepare and, on behalf of the Board of Directors, shall promulgate design and development guidelines and application and review procedures, all as part of the design and em4ronmental standards. The standards shall incorporate all restrictions and guidelines relating to development and construction contained in this Declaration as well as restrictions and guidelines with respect to location of structures upon property, size of structures, driveway and parking requirements, foundations and length of structures, and landscaping requirements. Copies shall be available from the Architectural Board for review. The guidelines and procedures shall be those of the Association, and the Architectural Board shall have sole and full authority to prepare and to amend the standards available to (hvners, builders, and developers who seek to engage in development of or construction upon property within their operations strictly in accordance therewith. The Architectural Board shall initially consist of three (3) members, all appointed by the Declarant. At such times as rift3.' percent (50%) of all property, within subject property., has been developed, improved, and conveyed to purchasers in the normal course of development and sale, the Board of Directors of the Association shall have the fight to appoint a maximum of two (2) additional members. At no time shall the Architectural Board have fewer than three members nor more that five (5) members. At such time as one hundred percent (100%) of all property' has been developed, improved, and conveyed to purchasers in the normal course of development and sale, the Board of Directors shall appoint all members of the Architeemral Board. The declarant may, at his option, delegate to the Board of Directors its fight to appoint one or more members of the Architectural Board. At all times, at least one (1) member of the Architectmal Board shall be a member of the Association, and at least one (1) member shall be an architect licensed to practice in the State of Virginia, who shall also be the Chairperson. Mailboxes Ever3.' improved lot shall be required to have a mailbox with supporting post and street light of design and installation as specified in the standards. Each lot owner shall be responsible for the maintenance and operation of the fixXure, support, and mailbox. Parking · Each property owner shall provide space for the parking of automobiles off public streets prior to the occupan~, of any building or structure constructed on said property in accordance with the standards. Signs No signs shall be erected or maintained on any' property by anyone including, but not limited to. the oxvner, a realtor, a contractor, or a subcontractor, except as provided for in the standards or except as may be required by legal proceedings. Residential property identification and like signs not exceeding a combined total of more than one (1) square foot may be erected without the written permission of the Declarant or the Association. Condition of Ground It shall be the responsibility of each property, owner and tenant to prevent the development of any unclean, unsightly, or unkempt conditions of buildings or grounds on such property which shall tend to substantially decrease the beauty of the neighborhood as a whole or the specific area. Minimum Square Footage No plan required under these Covenants will be approved unless the proposed house or structure has a minimum square footage of enclosed dwelling space as specified in the standards. Such minimum requirement for each lot will be specified in each sales contract and stipulated in each deed. The term "enclosed dwelling area" as used in these minimum size requirements does not include garages, terraces, decks, open porches, and the like areas. Residential Use All lots shall be used for residential purposes exclusively. The use of a portion of a dwelling on a lot as an office by the owner or tenants thereof shall be considered a residential use if such use does not create customer or client traffic to and from the lot. No structure, except as herein after provided, shall be erected, altered, placed, or permitted to remain on any lot other titan one (1) detached single family dwelling and one (1) accessory building which may include a detached private garage, provided the use of such accessory building does not overcrowd the side and provided further that such building is not used for any activity normally conducted as business. Such accessoD' building may not be constructed prior to the construction of the main building. A guest suite or like facility without a kitchen may be included as part of the main dwelling or accessory, building, but such suite may not be rented or leased except as part of the entire premises including the main dwelling and provided, however, that such suite would not result in overcrowding of the site. The provisions of this paragraph shall not prolfibit the Developer from using a house as a model as provided in this Declaration. Exterior Structure Completion The exterior of all house and other structures must be completed within one (1) year after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the owxter or builder due to the strikes, fires, national emergen~,, or natural calamities. Houses and other dwelling structures may not be temporarily or permanently occupied until the exteriors thereof have been completed. During the continuance of construction the owner of the lot shall require the contractor to maintain the lot in a reasonably clean and uncluttered condition. Screened Areas Each lot ox;ruer shall provide a screened area to serve as a service yard and an area in which garbage receptacles, fuel tanks or similar storage receptacles, electric and gas meters, air conditioning equipment, clotheslines, and other unsightly objects much be placed or stored in order to conceal them from vies, from the road and adjacent properties. Plans for such screened area delineating the size, design, texture, appearance, and location must be approved by the Architectural Board prior to construction. Garbage receptacles and fuel tanks may be located outside of such screened area only if located underground. Vehicle Storage No mobile home, trailer, tent, barn, or other similar out-building or structure shall be placed on any lot at any time, either temporarily or permanently. Boats, boat trailers, campers, recreational vehicles, or utility., trailers may be maintained on a lot, but only when in an enclosed or screened area approved by the Architectural Board such that they are not generally x4sible from adjacent properties. Temporary. Structures No structure of a temporary character shall be placed upon an), lot at any time provided, however, that this prohibition shall not apply to shelter or temporary structures used by the contractor during the conslmction of the main dwelling house, it being clearly understood that these latter temporary shelters may not at any time be used as residences or permitted to remain on the lot after completion of construction,. The design and color of structures temporarily placed on the lot by a contractor shall be subject to reasonable aesthetic control by the Architectural Board. Antennas No television antenna, radio receiver or sender, or other similar device shall be attached to or installed on the exterior portion of any building or structure or any lot except that should cable television services be unavailable and good television reception not be otherwise available, a lot owner may make written application to the Association for permission to install a television antenna and such permission shall not be unreasonably withheld. Further Subdivision No lot shall be subdivided or its boundary, lines changed, nor shall applications for same be made to Chesterfield County, except with the written consent of the Declarant. However, the Declarant hereby expressly reserves to itself, its successors, or assigns the right to replat any lot or lots owned by it and shown on the plat of any subdivision in order to create a modified building lot or a replatted lot suitable and fit as a building site including, but not limited to, the recreational facilities, and other amenities to conform to the new boundaries of said replatted lots, provided that no lot originally shown on a recorded plat is reduced to a size smaller than the smallest lot shown on the first plat of the paragraph shall not prohibit the combining of two (2) or more continuous lots into one (1) larger lot, only the exterior boundary, lines of the resulting larger lot shall be considered in the interpretation of these covenants. Animals Only common household pet animals shall be permitted. All pet animals must be secured by a leash or lead. or be under the control of a responsible person and obedient to that person's command at any time they. are permitted outside a residence or other enclosed area upon a lot approved by the Architectural Board for the maintenance and confinement of pet animals. No livestock including cattle, horses, sheep, goats, pigs, or poultry shall be permitted upon any lot. After gix4ng a lot owner written notice of complaint and reasonable opportuni~ to remedy the situation, the Board of Directors may order the removal of any pet which has been a nuisance or a danger. Motor Bikes All Terrain Vehicles No motor bikes, motorcycles, or all terrain vehicles shall be driven upon the common area, lots, or roads (unless properly licensed on roads) with the exception of licensed vehicles and mopeds which shall be operated solely upon the public streets for direct ingress and egress purposes ouly. External Lighting No external lighting shall be installed or utilized on any property which is of such character, intensity, or location as to interfere with the use, enjo)maent, and privacy of any lot or owner in the near ,5cinity. No neon or flashing lights shall be permitted. All external lighting shall be approved by the Architectural Board as appropriate in size, location, color, and intensiB:. Swimming Pools No swimming pool, whether in ground or above ground, whether permanent or temporary, shall be installed upon any lot without the prior written consent of the Architectural Board. The Architectural Board shall require that all swimming pools be adequately screened. Rules and Regulations. The Board of Directors is granted and shall have the power to promulgate rules and regulations, from time to time, governing the use of and activity upon the Common Area and the Recreational Facilities (ffthe Recreational Facilities are owned or leased by the Association). All roles and regulations promulgated by the Board of Directors shall be published and distributed to each member of the Association at least thimj (30) days prior to their effective date. T,',I~, I ~ ")ftft~ f'~O/'~ ~.~ ......... , .... CPC T ....... ~ · ann~ CPC November 25, 2003 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION REQUEST: 02SN0259 (AMENDED) Swift Creek Partners, LLC Matoaea Magisterial District North line of Otterdale Road (AMENDED) Rezoning.from Agricultural (A) to Residential (R-12) of 234:7 acres - with ConditionalUse to allow private reCreational facilities on 9.0 acres of the 234.7 · acre site. PROPOSED. LAND USE: A single family residential subdivision with a .max-imm of'350 lots is planned, yielding a density of approximately 1.5 dwelling:units per acre. In addition, recreation facilities to.serve residents of the proposeddevelopment are planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES' 2' THROUGH 11. AYES: MESSRS. GECKER, LITTON, CUNNINGHAM AND STACK. NAY: MR. GULLEY. STAFF RECOMMENDATION Recommend approval for the following reasons: A. The proposed zoning andland use conform to theUpper Swift Creek Plan which suggests the property is appropriate for residential use of 2.0 units per acre or less. Providing a FIRST CHOICE Community Through ExcellenCe in Public Service- Bo The proposed zoning and land use are representative of eXisting and anticipated development. The proffered conditions address the impacts of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needS, for roads, schools, parks, libraries and fire stations is identified in the ,Public Facilities Plan, the Thorouglffare Plan and.the Capital Improvement Program and the impact of this developmentiS discussed herein. The proffered conditions adequately mitigate the impact on capital facilities, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. (NOTE: THE ONLY CONDITION THAT CAN BE IMPOSED IS A BI~FER 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 CONDITIONSRECOMMENDED By THE PLANNING COMMISSION.) . PROFFERED CONDITIONS (STAFF/CPC) 1. A maximum of 350 lots shall be permitted. (P) (STAFF/CPC) 2. The public water and wastewater systems shall be Used. (U) (STAFF/CPC) 3. With the exception of timbering which:has been approved 'by the Virginia State Department of Forestry 'for the purpose of removing dead or diseased trees, there shall be no timbering until a land disturbance permit has been obtained from tlXe Environmental Engineering Department and the approved devices have been installed. (EE) (STAFF/CPC) 4. In conjunction with recordation of the initial subdivision plat, a sixtY(60) foot wide right-of-way for a :residential collector:street ("Fox Club Parkway Extended") from Otterdale Road to the eastern property line shall be dedicated, free and?unrestricted, to and for the benefit of Chesterfield County. The:exact locati°n of this right-of- way shall be approved by the TransportationDepartment. (T) (STAFF/CPC) 5. In conjunction with recordation of the initial subdi-vision plat, fOrty- five (45) feet of right-of-way on the east Side of Otterdale Road, measured from the centerline, of that part 'of Otterdale Road immediately adjacent to the property, shall'be-dedicated, .free and unrestricted, to and for the benefit of Chesterfield County. (T) 2 02SN0259-NOV25-BOS (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) o 10. Direct access from the.property to Otterdale Road Shall be limited to one (1) public road. The exact location of this access shall be approved by the Transportation Department. (T) To provide an adequate roadway system at the time of complete development, the owner/develoPer shall be responsible for the fOllowing: a. Construction ofadditionalpavement along Otterdale Road at the public road intersection to provide left and right turn lanes, based on Transportation Department standards; b. Constmction of two(2) lanes of Fox Club Parkway Extended as a Residential ColleCtor Street from Otterdale Road to the Eastern Property Line. c. Construction of a three (3) lane typical section (i.e.; one (1) eastbound lane and two (2) westbound lanes) for the public road at its intersection with Otterdale Road. The exact length - of this improvement shall be approved by the Transportation Department; and d. Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. Provided, however, in the event the developer is unable to acquire any "off-site" right- of-way that is necessary for any improvement described in 7(a), the developer may request, in writing, that the County 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 notto 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 be required to provide required road improvements within available right-of- way as determined by the Transportation Department. (T) Prior to any construction plan, a phasing plan for the required road improvements, as identified in Pr6ffered Condition 7, shall be submitted to and approved by the TranspOrtation Department. (T) The exposed surfaces of the foundations of each dwelling shall be coveredwith brick or stone veneer or exterior insulation and fmishing systems (EIFS) materials. (P) All dwellings shall have a minimum gross floor area of 2,500 square feet. (P) 3 02SN0259-NOV25-BOS (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 11. 12. 13. 14. 15. A fifty (50) foot buffer required in accordance with the ' Subdivision Ordinance. along Otterdale Road shall be located within recorded open space, A thirty-five (35) foOt buffer required in. accordance with the SubdiviSion Ordinance along Fox ClUb Parkway Extended shall be located within recorded open space. (P) The applicant, subdivider, or assignee(s)~:shall Pay the following to the County of'Chesterfield prior to the issuance of each building permit for infrastructure improvements within the service district for the property; $7,800 per lot, if paid prior to July· 1; 2002; or The amount approved by the Board of SupervisorS-not to exceed $7800.00 per lot' adjusted.upward 'by any increase in the Marshall and Swift building, gost index between July. 1, 2001, and ;JUly 1 of the fiscal yew in which the payment is made if paid after June 30, 2062; and- ' Inthe event'the cash payment is not used for the purpose for which prOffered ~within 15' yearsof receipti the cash shall be returned in full to thepayor. 0~&M) All lots shall· have a minimum area of 15,000. square feet. (P) TO the 'extent permitted by the .~Transportation .Department and VDOT, in conjunction with~the conStruction of the internal road network; ~ee (3) traffic islands/circles shalI be provided. The exact design and ,location of these traffic islands/cim!esshall be approved by the Transp°rtation Department. (T) Recreational Facilities. Any recmational:facilities..shall be Subject to the .follo~g restrictions: - a) b) c) There shall be no outside public addreSs systems or speakers. With the eXception of plaYgroUnd:areas which accommodate sMngs, jUngle gyms,, or s~iarsuCh facilities,, ali outdoor play fields, courts,-s~gi!~ools and similar active recreational, areas shall-be tocated aminimum of one hundred (.1'00) feet from any proposed or: existing, single-.family residential: lot line and a minimum offiftY.(50) feet from any. exiSting. or proposed publieroad;~ Within the one hUndred (1.00)~ foot· and fifty (50) foot setbacks, a fifty (5.0)footbuffer shall be. provided along the perimeter :of all' active recreational' facilities except, where adjacent to any eXisting orproposedroads. This buffer shall 4 02SN0259-NOV25-BOS (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 16. 17. 18. f) conform to the requirements of the Zoning Ordinance for fifty (50) foot buffers. Any playground areas (i.e., areas accommodating swings, jungle gyms or similar' such facilities) shall be located, a minimum of forty (40) feet-from all property lines. A forty (40) foot buffer shall be provided along the perimeter of these recreational facilities except Where adjacent to any existing or proposed roads. This buffer shall conform to the requirements of the Zoning Ordinance for fiftY (50) foot buffers. Nothing herein shall prevent development of indoor facilities and/or parking within the one hundred (100) foot setback. Exterior lighting for recreational uses shall comply with SeCtion 19-573 of the Zoning Ordinance, :and the maximum height for light posts shall not exceed twenty (20) feet. The location of all'active recreational uses shall be identified in conjunction with the submittal of the first tentative subdivision plan. In conjunction with the recordation of any lot adjacent to actiVe recreational area(s), such area(s) shall be'identified on the record plat along with the proposed recreational uses and required conditions. (P) A minimum of fifty (50) feet of common open space shall be maintained adjacent to Foxcroit Subdivision. Except for utilities, pedestrian/bicycle paths and roads which nm.generally perpendicular through the: buffer, there shall be no uses permitted in the buffer. Except where necessary to provide the uses stated'herein, any hea!thy trees that are six-(6) inches or greater in caliper~shall be retained unless removal is approved through the subdivision process. (P) Prior to the recordation of more than 300 lots, at a minimum, the following recreational facilities shall be provided.and completed: A twenty-five (25) meter swimming pool A .1,000 gross square foot accessory building for the pool A 150 foot by 250 foot active recreation p!aYfield. (P) The'developer shall notify the last. known representative, of the Foxcroft Homeowners AssociatiOn on file :with the Planning Department of the submission of tentative subdiviSion plans. Such notice shall occur at least twenty-one (2i) days prior to the approval of such plans. The developer shall provide the Planning Department with a copy of the notice. (P) 5 02SN0259-NOV25-BOS (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC). (STAFF/CPC) 19. 22. 23. Construction traffic for development of the subdivision shall 'be prohibited on Fox Club Parkway through-Foxcroft Subdivision. (P) (NOTE: This does not preclude construction traffic necessary to install utilities within, or build, Fox Club Parkway within Foxcroft Subdivision.) Public roads shall be constructed with concrete curb. and gutter.- (T)' Access for the initial one hundred (t00) lots recorded shall be provided to Otterdale Road (P) Plans for Fox Club Parkway within Foxcroft Subdivision shall be submitted to the Planning Commission (either separately or in conjunction with tentative subdivision plan submission) for approval. If submitted separately, the developer shall be responsible .for notifying the least known representative of the Fox Croft Homeowner's Association on file with the Planning Department of the sUbmission of the plans and Such notice shall occur at least twenty-one (21) day prior to the Commission's consideration of the plan. The developer shall provide the Planning Department with a copy of the notice. To the extent permitted by VDOT such plans shall include the following: Curb and gutter shall be used and shall be designed to accommodate pedestrian/bicycle crossing near the intersection with Fox Gate Lane; - The road typical section shall be amaximum width of twenty- eight (28) feet face of Curb' to face of curb except that for a section from the Fox Gate Lane Intersection west for an approximate distance of 100 feet the road typical section Shall be a minimum six (6) foot wide raised median which shall be sodded and irrigated, and the pavement width on either side of the median shall, be a maximum .of fifteen (15) feet face of curb to face of curb; The road typical section shall be located .generally in the center of the right of way with minimal disturbance of vegetation on either side of the mad; Landscaping along both sides of the road (which may inclUde. existing vegetation) to minimize the view of the road from adjacent lots; and A paved bicycle path on one (1) side of the road. (T) Fox Club Parkway in Foxcroft Subdivision shall not be opened to traffic until the road is paved. (EE) 6 02SN0259-NOV25-BOS (STAFF/CPC) 24. At a minimum, the following restrictive covenants shall be recorded for the development: Architectural Board The Architectural .Board shall have exclusive jurisdiction over all original construction, modifications, additions or alteratiOns made onor to all existing improvements, and the open space, if any, appurtenant thereto on all property; It shall prepare and, on behalf of the Board of Directors,. shall promulgate design and develOpment guidelines and application and review procedures, all as part of the design and environmental standards. The standards shall incorporate all restrictions and guidelines relating to development and construction contained in this Declaration as well as restrictiOns and guidelines'with respect to location of structures upon property, size of structures, driveway and parking requirements, foundations and length of structures, and landscaping requirements. Copies shall be available-from the Architectural Board for revieTM. The guidelines and procedures shall be those of the Association, and the Architectural Board shall have sole and full authority to prepare and to amend the standardS available to Owners, builders, and developers who seek to engage in development of or construction upon property within their operations strictly in accordance therewith. The Architectural Board shall initially consist of three (3) members, all appointed by the Declarant. At such times as fifty percent (50%) of all property within subject property has been developed, improved, and conveyed to purchasers in the normal course' of development and sale, the Board of Directors of the Association shall have the right to appoint a maximum of two (2) additional members. At'no time shall the Architectural BOard have fewer than three members nor more that five (5) members. At such time as one hundred percent (100%) of all property has been developed, improved, and conveyed to purchasers inthe normal course of development and 'sale, the Board of Directors Shall. appoint all members of the Architectural Board. The declarant may, at his option, delegate to the-Board of Directors its right to~ appoint one or more members of the Architectural Board. At- all times, at lease one O) member ofthe Architectural Board shall be a member of the Association, andat least one (1) member shall be an architect licensed to practice in the State of Virginia, who shall also be the Chairperson. Mailboxes Every improved lot shall be required to have a mailbox with suppOrting post and street light of design and installation as:specified in the standards. Each lot owner, shall be responsible for the maintenance and operation of the fixture, support, and mailbox. 7 02SN0259-NOV25-BOS Parking Each property owner shall provide space for the parking ofautomobiles off public streets prior to the occupancy of any building or structure constructed on said property in accordance with the standards. Garages All dwellings will have side or rear loaded garages. Signs No signs shall be erected or maintained on any property by anyone including, but not limited to, the owner, a realtor, a contractor, or a subcontractor, except as provided: for in the standards or except as may be required by legal proceedings.~ Residential property identification and like signs not exceeding a combined total ofmore than one (1) square, footmaybe erected without the written permission of the Declarant or the AssoCiation. Condition of Ground It shall be the respOnsibility of each property owner and' tenant to prevent the development'of any unclean, unsightly, or unkempt conditions ofbuildings or grounds on such property which shall .tend to :substantially decrease the beauty of the neighborhood as a whole or the specific area. Minimum Square Footage No plan required under these Covenants wilt be approved unless the proposed house or stmcturehas a minimum square footageOfenclosed dwelling space as specifiedin the standards. Such miuimumrequirement for each lot will be specified in each sales Contract and stipulatedi in each deed. The :term "enclosed dwelling area" :as used in these minimum size requirements does not include garages; terraces, decks, open porches, and the like areas. Residential Use All lots shall be uSed for residential purposes exclusively. The use of a Portion of a dwelling on a lot as an office by the owner or tenants thereof shall be considered a residential uSe if such use does: not create customer. ~ or client traffic to and from the lot. No structure, except as herein after provided, shall be erected, altered, placed, or permitted to remain on any lot other, than one (!) detached'single family dwelling and one (1) accessorY building.which may include a detached private garage, provided the Use of such accessorY building does not overcrowd the side and provided further that.such building is 8 02SN0259-NOV25-BOS b) not used for any activity normally conducted as business. Such accessory building may not be constructed prior to the construction of the :main building.. A guest suite or like facility without a kitchen may be included as part of the main dwelling or accessory building, but.such suite may not be rented or leased except as part-of the .entire premises inclUding the main dwelling and provided, however, that such suite would not result in overcrowding of the site. The provisions of this paragraph shall not prohibit the' Developer from using a house as a model as provided in this Declaration. Exterior Structure Completion The exterior of all house and other structures must be completed within one (1) year after the construction of same shall .have commenced, except where such completion is imposSible or Would result in great hardship to the owner or builder due to the strikes, fires, natiOnal emergency, or natural calamities. Houses and Other dwelling structures may not be temporarily or permanently occupied until the exteriors thereof have been completed. During the continuance of construction the owner of the lot shall require the contractor to maintain the lot in a reasonably clean and uncluttered condition. Screened Areas EaCh lot owner shall provide a screened area to serve as a service yard and an area in which garbage receptacles, fuel tanks or similar storage receptacles, electric and gas-meters, air conditioning equipment~ clotheslines, and other unsightly 'objects much be placed or stored in order to conceal.them from view from-the road and adjacent properties. Plans for such screened area delineating the size, design, texture, appearance, and location must be approved by the Architectural Board prior to Construction. Garbage receptacles and fuel tanks my be located outside of such screened area only if located underground. Vehicle Storage No mobile home, trailer, tent, barn, or other similar out-building or structure shall be placed on any lot at any time, either temporarily or permanently. Boats, boat trailers, campers, recreational vehicles, or utility trailers may be maintained on alot, but only when in an enclosed or screened area approved by the-Architectural Board such that they are not generally visible from adjacent properties. 9 02SN0259-NOV25-BOS Temporary Structures No structure of a temporary character, shall be placed upon any lot at anytime provided, however, that this prohibition shall not apply to shelter or temporary structures used by the contractor during the construction of the main dwelling house3 it being clearly understood that these latter temporary shelters, may not at any time beused as residences or permitted to remain on the lot after completion of constructiOn,. The design and'color of structures temporarily placed on the lot by a contractor shall be subject tO reasonable aesthetic control by the Architectural Board. Antennas No television antenna, radio receiver or sender, or other similar deVice shall be attached to or installed on the exterior portion of any building or stmcture or any lot except that should cable television services be unavailable and good television reception not be otherwise available, a lot owner may make written application to the Association for permission to install a television antenna and sUch permission shall not be unreasonably withheld. Further Subdivision No lot shall be subdivided or its boundary lines changed, nor shall applications for same be made to Chesterfield County, except with the written consent of the Declarant. However, the Declarant hereby expressly reserves to itself, its sUCcessors, or assigns the right to replat any lot or lots owned by it and 'shown on the plat of any subdivision in order to create modified building lot or replatted lot suitable and fitasa building site including, but no limited to, the recreational facilities~ and Other amenities to conform to the new boundaries of said replatted lots, provided that no lot originally shown on a recorded plat is reduced to a size smaller than the smallest lot shown on the first plat ofthe paragraph shall not prohibit the combining of two (2) or more continuous lots into one (1) larger :lot, only the exterior boundary lines of the resulting larger lot shall be considered in the interpretation of these covenants. Animals Only common household pet animals Shall. be permitted. All pet animals must be secured by a leash or lead, or be under the control of a responsible person and obedient to that person's command at any time they are permitted outside a residence or other enclosed area Upon a lot approved by the Architectural Board for the maintenance and confinement of pet animals. No livestock including cattle, horses, sheep, goats, pigs, or poultry shall be permitted upon any lot. After giving a lot owner written notice of complaint 10 02SN0259-NOV25-BOS and reasonable opportunity to remedy the-situation, the Board of Directors may order the removal of any pet which:has been a nuisance or a danger. Section 1~4 - Motor Bikes All. Terrain Vehicles Nomotor bikes,.motorcycles, or all terrain vehicles shall be driven Upon the common area, lots,: or roads (unless properly licensed: on roads)with the exception of licensed vehicles and mopeds which shall be operated-solely upon the public streets for direct ingress-and egresspurposes only External Lighting No external lighting shall be installed or utilized onany property which is of such character, intensity, or location as to interfere'with the use, enjoyment, and privacy of any lot or owner in the near vicinity. No neon or 'flashing lights shall be permitted. Alt external lighting shall be approved by the_ArchiteCtural Board as appropriate in size, location, color, and intensity. Swimming Pools No swimming pool, whether in ground or above-ground, whether permanent or temporary, shall-be' installed upon any lot without the prior written conSent of the Architectural. Board. The Architectural Board shall require that all swimming poOlsbe adequately screened. Rules and Regulations. The Board of DireCtors is granted and .shall'have the power to promulgate rules and regulations, from time to time, goX~eming the use of and activity upon the common Area and the RecreationalF%ilities (if the ReCreational Facilities are owned or leased by the Association). Allrules and regulations promulgated bY'the Board of Directors shalI!be l~nblished:~i:and dis~buted to each member of the Association at least thir~ (30)days prior to their effective date. (P) GENERA~ INFORMATION Location: North line of Otterdale Road, east of Woolridge Road ~and at: the western terminus ~ofFox Club-Parkway. Tax IDs 712-672-Part of 4372, 713-672-part'-0f4247 and 713-675-I759 (Sheet 15). 11 02SN0259-NO¥25-BOS Existing Zoning: A Size: 234.7 acres Existing Land Use: Vacant Adjacent Zoning and Land Use: North, South and West - R-12 and A; Single family residential or vacant East - R-12, R-9 and A; Single family residential or vacant UTILITIES Public Water System: There is an existing twenty (20) inch water line extending along a portion of Fox Club parkway 'that terminates approximately 800. feet northeast of this site. Use of the public water systemis intended (Proffered Condition 2). It should be noted, to facilitate future off- site development; an adequately siZed public water main will be required along the Otterdale Road frontage of this site. Public Wastewater System: There is an existing eighteen (18)inch wastewater trunk line extending along a portion of the west branch of Swift Creek that terminates adjacent to Foxcroft Subdivision, approximately 800 feet east of this site~ Use. of the public wastewater system is intended. (Proffered Condition 2) ENVIRONMENTAL Drainage and Erosion: The Property is located in the Upper Swift Creek drainage, basin .and drains via West Branch to Swift Creek Reservoir. The site is wooded and should not be timbered without first obtaining a land-disturbance permit from the Environmental Engineering Department (Proffered Condition 3). This will insure adequate erosion control measures are in place prior to any timbering. 12 02SN0259-NOV25;BOS Water Quality: The Board of Supervisors has approved the implementation of the Upper Swift Creek Watershed:Master Plan establishing a prO-rata fee for the management of phosphorus loads associated with stormwater runoff. It should be noted, development of this property will be subject to this fee for 'construction of regional BMPs and a fee per lot for regional BMP maintenance in the Upper Swift Creek Reservoir watershed. A small portion of a Resource Protection Area is located on the eastem end of 'the development, and two (2) riparian corridor management (non RPA) creeks cross the property. Within these two (2) areas, the 100-year floodplain.must remainin its natural state except for limited road crossings perpendicular to the creeks. Disturbance during installation of sanitary sewers must also be minimized. PUBLIC FACILITIES The need for fire, school, library, park and transportation facilities is identified in the .Public Facilities'Plan, the Thoroughfare Plan and the Capital Improvement Program. This develOpment will have an impact on these facilities. Fire Service: The Public Facilities Plan indicates that emergency service calls are expectedto increase fortyrfive (45) percent, by 2015. Eight (8) new fire/rescue stations are recommended for construction by 2015 in the Plan. Based on 350 dwelling units, this request will generate approximately fifty-three (53:) calls for fire and EMS services each year. The applicant has addressed the impact on fire-service. (Proffered Condition 12) The Clover Hill Fire/Rescue Station, Company Number 7 and Manchester Volunteer Rescue Squad-currently provide fire protection and emergency medical service. 'When the Property is developed, the number of hYdrants, quantity'of water needed for fire protection and access requirements will be evaluated during the plans review process. Schools: Approximately 185 students will be generated by this development, This. site lies in the Woolridge Elementary School .attendanCe zone: capacity - 750, enrollment - 800; Swift Creek Middle School zone: capacity - 1,200, enrollment - 1,443; and: Clover Hill High school zone: capacity- 1;600, enrollment- 1,877. This development will have a major impact on area schools. The .schools involved are already overcrowded. There. are five (5) trailers.at Woolridge Elementary; six (6) trailers at SwiftCreek Middle and eleven (11) trailers at Clover Hill High. :The applicant has agreed to participate in the cost of providing for area school needs. (Proffered Condition 12) 13 02sN0259-NOV25-BOS 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 will most likely affect the Clover Hill Library or a proposed new branch along Genito Road. The Plan identifies a need for additional library space in these areas of the County. The applicant has offered measures to assist in addressing the impact of this development on library facilities. (Proffered Condition 12) Parks and Recreation: The Public Facilities P1an identifies the need for four (4) new regional parks. In addition, there is currently a shortage of community park acreage in the County: The Public Facilities Plan identifies a need for 625 acres of regional park space and 116 acres of community park space by 2015: The Plan also identifies the need for neighborhood parks and special purpose parks and makes suggestions for their locations. The applicant has offered measures to assist with addressing the impact'ofthis development on parks and recreation facilities. (Proffered Condition 12). Transportation: The applicant has proffered that a maximum of 350 dwelling units will be developed'on the property (Proffered Condition 1). Based on single family trip rates, development could generate approximately 3,290' average daily trips. These vehicles will be distributed along Otterdale Road which had a 2002 traffic count of 1,885.vehicles per day, and through the Foxcroft SubdiviSion to Woolridge Roadwhich had a 2002 traffic count of 1,121 vehicles per daY'between Otterdale Road and Fox'Club Parkway, a 2001 traffic count of 2,508 vehicles per day between Fox Club Parkway and Timber Bluff Parkway, and a 2001 traffic countof 7,942 vehicles per day between.Timber Bluff ParkWay and Genito Road. The Thoroughfare Plan identifiesOtterdale Road as a major arterial with a recommended right of way width of ninety (90) feet. The applicant has proffered to dedicate forty-five (45) feet of right of way, measured from the centerline of Otterdale Road, in accordance with that Plan. (Proffered Condition 5) The Thoroughfare Plan also identifies an east/west collector ("Fox Club Parkway Extended"), with a recommended right of way width of seventy (70) feet, extending from Otterdale Road through the property to Fox Club Parkway. This roadway is intended to primarily serve area development; therefore, a sixty (60) foot wide right of way is acceptable. 14 02SN0259-NOV25-BOS The applicant has proffered-to dedicate a sixty (60) foot wide right of Way for Fox Club Parkway Extended through the property, as a residential collector.Street (Proffered Condition 4). The exact alignment of this roadway will be approved at time ~of tentative subdivision review. In order to address neighborhood concerns, the applicant has also proffered another condition regarding the design/construction of the internal road network. A proffered'condition would require-the developer to provide, to the extent permitted.bY 'the TranSportation Department- and the Virginia Department of Transportation (VDOT), three (3) traffic islands/circles withinthe development. (Proffered Condition 14) Access to major arterials, such as Otterdale Road, should be controlled, The applicant has proffered that direct access to Otterdale Road will be limited to one. (1) public road (Proffered Condition 6). This public road access will be Fox Club Parkway Extended. The traffic impact of this development must be addressed. The applicant has proffered to: 1 ) construct left and rightmm lanes along Otterdale Road at the Public road intersection, based on Transportation Department standards; 2) construct two (2) lanes of Fox Club Parkway Extendedfrom Otterdale Roadthrough the propertyto the eastern.property line; 3) construct a three (3) lane typical section 0,e,, one (1).entering lane and-two (2) exiting lanes) for Fox Club Parkway Extended at its intersection with Otterdale ROad; and. 4)construct Fox Club Parkway Extended within~Foxcroft 'Subdivision as described in Proffered Condition 22: (Proffered Condition 7) Proffered Condition 22 requires the developer to submit plans forthe.deSign of Fox Club Parkway Extended within the FOXcroft Subdivision to the Planning Commission for approval · (Proffered Condition22);: This proffer was submitted to address neighbOr Concerns. The proffer would require, to.the eXtent permitted by VDOT, the plans for Fox Club Parkway Extended to include: 1) the use of curb and gutter and designed to accommodate pedestrian/bicycle crossing; 2)'a maximum width, of twentyreight (28) feet face of. curb to -face of curb, except for a section approximately 100 feet long, measured from the Fox Gate Lane intersection, which will have: a six (6) foot wide raised median, separating travel lanes with a maximum width of fifteen (15) feet face of curb to face-of curb on each side of the median; 3) its location generally in the center of the fight-of-way; with minimal disturbance of the vegetation; 4) landscaping along both sides to minimize views from adjacent lots; and 5) a paved bicycle path on one (1) side. VDOT has indicated that the 100 .foot long raised median may need to be extended to the next road intersection or'beeliminated. VDOT and the Planning Commission will approve the final design for FOx Club Parkway Extended. ConStructing the turn lanes along Otterdale Road may require the developer to acquire some "off-site~' right of way. According to Proffered COndition 7.d, if the developer is unable to acquire the off-site right of way for the mm lanes along Otterdale Road, the developer may request the County to acquire the right of way as. a public road improvement. Ali costs associated with the acquisitionwillbe borne by the developer. If the County chooses nOt to asSiSt with the right of way acquisition, the ~developer will-not be obligated to acquire the 15 02SN0259-NOV252BOS "off-site" right of way and will only be obligated to construct road improvements within available right of way. The 2001 traffic volumes along the section of Hult Street Road (Route 360) from Otterdale Road-to.Route 288 range from 15,000 to 61.,000 vehiclesper day. The volume of traffic from Woodlake Village Parkway to Route 288 exceeds the .capacity of the road and drivers- experience extreme congestion, especially during peak 'periods. The VDOT Six-Year Improvement Program did include a project to widen Route 360 to six (6) and eight (8) lanes from Swift Creek to Winterpock Road. Part of the project~ improvements to the'SwiR Creek Bridge, isnow complete. However, due to State budgetary shortfalls, no construction funds have been allocated to complete the balance of this project. Sections of Otterdale Road have twenty (20) to twenty, one (21) foot wide pavement with no shoulders, with substandard VertiCal and horizontal alignments and large trees located close to the edge of pavement. Based onthe current volume of traffic during peak hours, Otterdale Road is at capacity (LeVel of ServiCe E). SectiOns of Woolridge Road between Otterdale Road and Fox Club Parkway have eighteen (18) to.nineteen (19) foot wide-pavement iwith no shoulders. The capacity of this road is acceptable (Level of Service C) for the volume of traffic it currently carries. The.standard typical section for Otterdale Road, and this sectiOn of Woolridge Road should be twenty-four (24) foot wide pavement, with minimum eight (8) foot wide shoulders. Sections of Woolridge. Road between Timber Bluff Parkway andGenito Road have eighteen (18) to twenty-one (21) footwide pavement with no shoulders?and guardrail immediately adjacent to the road. The sectionofWoolridge Road acrossthe Swift Creek Reservoir is not. in the State Highway System and is the responsibility of the County. Based on the current volume of traffic during Peak hours, Woolridge Road is' at capacity (Level. of Service E)~ This sectiOn of Woolfidge Road should be improved tOafour (4) lane divided roadWay. No road improvement projects in this area of the County are included in the Secondary Road Six-Year Improvement Plan, except for a projectto construct turn lanes at the W°olridge Road/Genito Road interSection. This project is currentlY underway and is anticipated to be complete in early Spring 20032 The Thoroughfare Plan identifies the need to improve existingroads, as well as construct new roads to accommodate growth. Area rOads, such as Otterdale Road, 'Woolridge Road and Route 360, need to be improved to address safety~ and accommodate the inCrease'in traffic generated by this development. The applicant has profferedto contribute cash, in an amount consistent.with the Board of SUpervisors' pOlicY, towards mitigating this traffic impact. (Proffered Condition 13) At time of tentative subdivision review, specific recommendations will be provided regarding access, stub roads to adjacent parcels and the internal road network. 16 02SN0259-NOV25,BOS Financial Impact on Capital Facilities: PER UNIT Potential Number of New Dwelling Units 350* 1.00 Population Increase . 955.50. 'i . 2.73 Number of New Students · . Elementary 85.40 ~. . · ·0.24 Middle 45.50 ' 0.13 High 56~00 ! ' 0.16 TOTAL 186190 0.53 Net Cost for Schools 1,258,600 '. 3,596 Net Cost for Parks . 284,200 ' .' . ' '812 Net Cost for Libraries ' 98,700 ' "' 282 Net Co'st-for Fire Stations 110,250 '. 315 Average Net Cost for Roads 1,002,050 ' '. 2,863 TOTAL NET COST ·2,753,800 ' 7,868 *Based on a proffered maximum of 350 lots. (PrOffered Condition 1) As noted, this proposed development will have an impact on capitalfacilities.. Staff has calculated the fiscal impact of every new dwelling unit on schools, roads, parks, libraries and fire stations at $7,868 per unit. The applicant has been advised that a maximum Pr°ffer of $7,800 per unit would defray the.cOst of the capital facilities necessitatedby this proposed development. Consistent with the Board of Supervisors' policy, .and proffers accepted from other applicants, :the applicant has offered cash to assist in defraying the cost of this proposed zoning on such capital 'facilities (Proffered Condition 12). NOte that circumstances relevant to this .case, as-presented by' the applicant, have been reviewed and it has been determined that it is. appropriate· to accept the maximum cash proffer in this case. LAND USE Comprehensive Plan: Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is appropriate for single family residential uses at a density of 2.0 dwelling units per acre or less. . . 17 02SN0259-NOV25~BOS Area Development Trends: The largest'portion of the adjacent property to the north and property to the south and west is zoned Agricultural (A) and is occupied by single family residences or remains vacant. A portion of the proPerty to the north and adjacent property to 'the east is zoned Residential (R~ 12 and R-9) and is deVeloped for single family residences in Fox Croft Subdivision. Residential development, at densities consistent with the Plan, is expected to continue north and northwest of the request site. It is anticipated property south of the request site will be developed for residential use at densities ranging from eight (8) to fourteen (14) units per acre and for corporate office and community commercial uses. Density and Lot Size: The applicant has proffered a maximum of 350 lots on 234.7 acres, yielding a density.of approximately 1.5 dwelling units per acre, consistent with the Upper Swift Creek Plan which suggests a density of 2:0 units per acre or less (Proffered Condition 1). In addition, to address concerns expressed byarea citizens, the applicant'has agreed to a minimum lot size of 15;000 square feet, instead of the 12,000 square feet that R-12 zoning would allow. (Proffered Condition 13) Buffers: The Subdivision Ordinance requires that fifty(50) and thirty-five (35) foot buffers be maintained along Otterdale Road' and Fox Club Parkway Extended, respectively. The Ordinance wouldallow these buffers to be.included within the boundaries of individual lots. It has been staff's experience'that individual homeowners tend to clear these areas resulting in a zoning violation on that individual lot and affecting the integrity of the buffers. To preserve the integrity of~these buffers, the applicant has proffered that these areas will be provided in open space, thereby becoming the responsibility of ahomeowners' association. (Proffered Condition 11) Dwelling -Size: The applicant has submitted a prOffered condition which requires a minimum gross floor area 0f2,500 square feet for all dWelling units. (Proffered Condition 10) Recreation.Use: This proposal would allowUP to nine (9) acres within the development to be used for private recreation'facilities. The facilities could include svAmming pools, tennis courts or other recreational facilities primarily for'use by residents of the development. The applicant'has offered measure~ to minimize the impact of these facilities on future residents in the development (Proffered Condition 15). This proffer is similar to conditions imposed on other projects approved for such use. In addition, to address concerns expressed by area 18 02SN0259-NOV25-BOS property owners, the applicant has agreed that certain of these recreational facilities will be constructed prior to complete development. (Proffered ConditiOn 17) Tree Preservation Strip: In an attempt to address concerns of adjacent property owners in the Foxcroft Subdivisi°n relative to a vegetated separation between their lots and the dwellings within the proposed development, Proffered Condition 16 requires the provision Ofcommon open space adjacent to Foxcroft Subdivision. Notification: In response to area residents~ concerns, Proffered Condition 18 requireS/the develOper to notify the last known representative of the Foxcroft HomeownerSAssociation on file with the Planning Department of the submission of tentative subdiVision~plans. Itis imperative that the association keep the .Planning Department current with the name and address of the representative to be notified. Constmction Traffic: Proffered Condition 19 prohibits construction trafficfor develoPment on the subject property from utilizing Fox Club Parkway throUgh Foxcroft Subdivision. This proffer will not preclude construction traffc'assOciated with extensi°n of the r°ad or utilities. This proffered condition is difficult, if not'impossible, for staffto enforce. 'Staffrecommends this proffered condition not be accepted. .. Covenants: Proffered Condition 24 wOuld require recordation of'restrictive covenants .for the subject property. It should be notedthat 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. CONCLUSIONS The proposed zoning and land use conform to the Upper Swift Creek Plan which suggests the property is appropriate for residential use of 2.0 units per acre-or less and are representative of existing and anticipated development. In addition, the proffered conditions address the imPacts-of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs for roads, schools, parks,libraries and fire statiOns is identified inthe Public Facilities Plan, the ThorOughfare Plan and.theCapital 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 levelsare maintained and protecting the health, safety and welfare of County citizens~ 19 02SN0259-NOV25-BOS Given these considerations, staff recommends approval of this request. CASE HISTORY Planning Commission Meeting (7/16/02): ' At the request of the applicant, the Commission deferred this case to September 17, 2002. Staff (7/17/02): The applicant was advised in writing that .any significant new or revised information should be submitted no later than July 22, 2002, for consideration at theCommission's September 17, 2002, public hearing..Also, the applicant was advised that a $250.00 deferral fee must be paid prior to the Commission's public hearing. Applicant (7/30/02): The applicant paid the $250.00 deferral fee. In addition, the application was amended to include a request for Conditional Use to permit recreational facilities. Applicant, Area Citizens, District Planning Commissioner and Staff (7/31/02): A meeting was held to discuss, the proposal. Concerns were expressed relative-to .transportation, schools, lot Sizes, buffers, traffic-calming devicesandrecreational amenities. In addition, controlling development CoUntywide was discuSsed. Applicant (8/22/02): Additional proffered conditions were submitted. Area Citizens, District Planning COmmissioner and Staff (9/6/02): A meeting was held to discuss the proposal, Concerns were expressed relative to schools, roads.and if the proposed development is premature. 20 02SN0259-NOV25-BOS Area Citizens, Clover Hill District Planning Commissioner and Staff (9/10/02): A meeting was held to discuss the proposal. Concerns were expressed relative to recreational facilities, tree preservation strip, where construction would start l~om, regional BMP, schools and impact on capital facilities. Applicant (9/14/02): Revised and additional proffered conditions were submitted, Planning Commission Meeting (9/17/02): At the request of the applicant, the Commission deferred this case to November 19, 2002. Staff (9/18/02): . The applicant was advised in writing that any significant newor revised information should be submitted no later than September 23, 2002, for consideration at the Commission's November 19, 2002; public hearing. Also, the applicant was advised that a $250.00 deferral fee must be paid prior to the Commission's public hearing,- Applicant, District Planning Commissioner and Staff (10/2/02): A meeting was held to discuss the proposal. A list of concerns expresSed by area citizens. was presented and discussedwith consideration given t° Ways the applicant could address the concerns. Applicant (10/18/02): Revised and additional proffered conditions and aconceptual road layout were submitted. Applicant, Area Citizens and Staff (10/22/02): A meeting was held to discuss the proPosal. Concerns were expressed relative to roads3 open space, recreational facilities, garage orientation, house sizes and. area growth. 21 02SN0259-NOV25-BOS Applicant (10/30/02): The deferral fee was paid. Planning Commission Meeting (11/19/02): At the reqUest of the applicant, the Commission deferred this case to January 21, 2003. Staff (11/20/02): The applicant was advised in writing that any significant new or revised information should be submitted no later than November 25, 2002, for consideration at the Commission's January 21, 2003, public heating. Also, the applicant was advised that a $250.00 deferral fee must be paid prior to the Commission's Public hearing. Applicant (12/20/02 and. 12/30/02): ReviSed proffered conditions were submitted. Applicant, Area Citizens, Staff and District.Commissioner (1/6/03): A meeting was held to review the application and proffered conditions. Applicant (1/7/03): The deferral fee was paid. Planning Commission Meeting (1/21/03): The applicant accepted the recommendation. There was opposition present. Concerns were expressed relative to lack of sufficient meetings.withadj acent property owners; extension of Fox Club ParkWay; the increase in traffic through Fox Croft SubdiVision as a result and the possibility-of cut-through traffic; 'area road conditions; school capacity; and that the County's esfmaated averages for number of school children per dwelling unit is lowerthan the average nUmber generated by homes in this area of the County; lack of sufficient open space; lack of a master plan; age of the Upper Swift Creek Plan; impacts on fire and police response times. Representatives indicated that the adjacent homeowners offered an alternative proposal which would prohibit the extension of Fox Club Parkway and provide for 150 feet of common open space adjacent to Foxcroft SubdivisiOn. They indicated that if the 22 02SN0259-NOV25.BOS Commission and applicant would agree to this proposal, the Foxcroft adjacent homeowners would agree to the withdrawal'of proffer relating to minimum lotand hOuse sizes; timing of construction of recreational facilities; improvements to Fox Club Parkway stub road; and construction of a bike bath in Foxcroft Subdivision. Mr. Ctmningham indicated that he was surprised given'area residents' concems relative to .growth issues such as overcrowding of schools and lack of adequate roads, that the neighborhood would be supportivewith proffers which wouldpreclude the extension of Fox ' Club Parkway and provide for 150 feet of open space adjacent to Foxcroft Subdivision. Mr. Cunningham noted that based upon concerns of the Fire Department, the Commission normally encourages "connectivity" between neighborhoods. He further stated that while the Plan may be somewhat outdated, it is currently the adopted Plan andthe PropoSed conforms to the Plan. He noted that measures are being taken by the COunty to protect the water quality of Swift Creek Reservoir. Mr. Litton noted that the proposal, complies with the Plan; that the CountY 'has adopted regulations to protect the water quality of the Reservoir; and that the applicants have fully addressed their impact on capital facilities consistent with the County's policy. Mr. Gulley applauded the neighborhood' s :through presentation. He stated that the Commission is currently studying the manner in which staff calculates permissible densities- and whether cOnsideration should be given to subtracting land deemed undevelopable by virtue of steep slopes, wetlands, ete; that in his opinion, the extension of FOx Club Parkway would encourage cut-through traffic and therefore increased traffic in Foxcroft Subdivision~ that connection to neighborhoods can be:made by means, other than collector roads such as greenways and bike path; that there has been an inadequate assessment of the already approved, but unbuilt, development in the area on capital facilities; that.while the County has adopted environmental regulations to minimize the impact ofrUnoff on the Reservoir, there is concern that the timing of the:~°nstmction of the regional BMPs :may not coincide with development and some developments, such as the one proposed, is not planned to drain 'through a regional BMP. Mr. Gulley'suggested that deferral of the case may be appropriate to further evaluate these issues. Mr2 Stack indicated that he had received significant input from area residents.. He stated that the proposal before the Commission was one that was superior to the original proposal; that many of the issues raiSed by the FoxcrOft Task Force had been addressed through, the prOffers; that the proposal conforms to the Plan; that road issues :need to be addreSsed by the County through assessment districts or bond referendums; that redistricting would minimize many of the school overcrowding issUes;.and that theCounty has:made strides with respect to adoption .of environmental regulations. On motion of Mr. Stack, seconded by Mr. Litton, the Commission recommended approval Of this request and acceptance of the proffered conditions on pages 2 thrOugh 11. 23 02SN0259-NOV25-BOS AYES: Messrs. Gecker, Litton,'Cunningham and Stack. NAY: Mr. Gulley. Board of Supervisors Meeting (2/26/03): On their own motion, the Board deferred this case to November. 25, 2003, to allow time to Consider concerns relative to school overcrowding, regional BMPs and transportation impacts. Staff (2/28/03): The applicant was advised in writing that any new or revised information should be submitted no later than August' 18, 2003, for consideration at the Board's November 25, 2003, public hearing. Staff (11/3/03): To date, no new information has' been received. The Board of Supervisors, on Tuesday, November 25, 2003, beginning at 7:00 p.m., Will take under consideration this request. 24 02SN0259-NOV25-BOS 0 Z 0 / O~3NOZ~J~'- I /