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03SN0200-Jan 28.pdfJanuary 28, 2004 BS ADDENDUM 03SN0200 Rock View Homes, Inc. Matoaca Magisterial District Grange Hall Elementary School, Swift Creek Middle School and Clover Hill High School Attendance Zones West line of Otterdale Road REQUEST: Rezoning from Agricultural (A) and Reaidential (R-7) to Residential (R-12) with Conditional Use Planned Development to permit exceptions to Ordinance requirements. PROPOSED LAND USE: A single family residential subdivision with supporting commercial uses is planned. The applicant has agreed to limit the development to a maximum of 314 dwelling units, yielding a density of approximately 2.0 dwelling units per acre, plus a maximum of 15,000 gross square feet of C-1 uses. On January 26, 2004, in response to concerns expressed by the Matoaca District Supervisor relative to the impact upon area roads, the applicant proffered an additional condition that addresses the phasing of the residential portion of the development (Proffered Condition 10). This proffer permits a cumulative &fifty (50) building permits each year, beginning in 2005. Ultimate build out will not occur until 2010 or later. SINCE THIS AMENDMENT WAS NOT SUBMITTED PRIOR TO ADVERTISEMENT OF THE CASE~ THE BOARD WOULD NEED TO SUSPEND THE PROCEDURES TO CONSIDER THE CHANGE. Staffcontinues to recommend approval of this request, including acceptance of Proffered Condition 10, for reasons noted in the "Request Analysis". Providing a FIRST CHOICE Community Through Excellence in Public Service. PROFFERED CONDITION 10. Phasing. A maximum of fifty (50) single family residential building permits shall be issued prior to January 1, 2005. A cumulative maximum of 100 single family residential building permits shall be issued prior to January 1, 2006. A cumulative maximum of 150 single family residential building permits shall be issued prior to January 1, 2007. A cumulative maximum of 200 single family residential building permits shall be issued prior to January 1, 2008. A cumulative maximum of 250 single family residential building permits shall be issued prior to January 1, 2009. A cumulative maximum of 300 single family residential building permits shall be issued prior to January 1, 2010. (P) 2 03 SN0200-JAN28-ADDENDUM_BOS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION REQUEST: 03SN0200 Rock View Homes, Inc. Matoaca Magisterial District Grange Hall Elementary .School, Swift Creek Middle School .and Clover Hill High School Attendance Zones: West line of Otterdale Road Rezoning from Agricultural (A) and Residential (R,7).to Residemial (R-12) with Conditional Use Planned Development to permit'exceptions to Ordinance requirements. PROPOSED LAND USE: A single family residential, subdivision with supporting commercial uses is planned. The applicant has agreed to limit the development Go amaximum of 314 dwelling units,, yielding, a density of approximately 2:0 dwelling:units per acre, plus-a maximum of 15,000 gross' square feet of Crl uses. (NOTE: .IN ORDER FOR THE-BOARD OF SUPERVISORS TO CONSIOER THIS REQUESTAT THEIR JANUARY 28¢2004, MEETING, A$250.00 DEFERRAL FEE MUST BE.PAID PRIOR TO THE PUBLIC HEARING.) ' ' PLANNINGcoMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFER~ED CONDITIONs ON PAGES 2 THROUGH.5. AYES: MESSRS. GECKER, LITTON, CUNNINGHAM AND STACK. NAY:-MR. GULLEY. Providing a FIRST CHOICE Community Through Excellence in Public Service. STAFF RECOMMENDATION Recommend approval for the following reasons: The propOsed zoning and land uses conform to. the UPper Swirl Creek Plan-which suggests the property is.appropriate for residential use of 2.0 .units per acre or less. Further, the non-resideritial uses comply with the.Planwhich suggests that such uses are appropriate within a coordinated development. Bo Ci The proposed zoning and land uses are representative of anticipated, area development. The proffered conditions ad&ess the imPact of this development on necessary capital facilities, as outlined..in the Zoning Ordinance .and Comprehensive Plan.' Specifically, the need fOr schools, parks, libraries,, fire stations:and transportation: facilities is identified in the County's adopted Public FaCilitieS Plan, ThoroUghfare Plan and Capital ImproVement Program:and the implict of this development is discussed herein. The prOffered conditions adequately mitigate the impact oneapital facilities, thereby insuring adequate service levels are main -ta~edand protecting the ~ health, safety and welfare of. County citizens. . . (NOTE:: CONDITIONS MAY BE IMPOSED OR THE PROPERTY O~R MAY PROFFER CONDITIONS. THE CONDITIONS NOTED · " WITH STAFF/CPC WE-:I~- AGREEDUPON.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 The property owners and applicant in this rezoning ease, pursuant to Section 15.2-2298 oftheCode of Virginia (1950 as amended)-and theZoning OrdinanCe of Chesterfield County,?for themselves and their successOrs or assigns, pr0ffer.thatthe deVelopment of the property:Under considerationwil1 be developed according to the follOwing proffers if, and only if, the reZoningrequest submitted herewith is granted with onlY those conditions agreed to by,theowners and applioant; Inthe event this request is denied or approved with conditions not agreed to by the owners and apPlicant, the proffers.shall immediately be null and void and of no further force or effect. (STAFF/CPC) 1. Limitation on Number of Dwellings, The' oVerall'number .of dWellings for the' entire prOperty-shall:not exceed three hun&ed fourteen(3t4) units. (P) (STAFF/CPC) 2. Transportation. ao Dedication. In conjunctiOn with therecordation ofthe initial- subdivision plat or prior to any site Plan apProval, whiCheVer oCCurs first, the following rights~of~way shall be dedicated, 2 03 SN0200-JAN28~BOS Co free and unrestricted, to and for the benefit of Chesterfield County: (ii) Forty-five (45) feet ofright-of-way on the west side of Otterdale Road, measured from the centerline of that part of Otterdale Road immediately adjacent:tO the 'Property; and A ninety (90) foot.wide right-oS-way for an east/west arterial (the "East/West-Art~rial'~) from. Otterdale Road to.the Western propertYline. The eXact location of this right-of-Way shall be approved by the Transportation Department. Access. Direct.access froTM thc.Property to Otterdale Road shall be' limited to one (1) Public ir0ad. The exact location of this access shall be approved by the Transportation Department, and this access from the Property' shall be the East/West Arterial. In conjunction with the recordation of the initial sUbdivision plat or prior to any site plan aPproval, whichever occurs first, an access plan for the East/west Arterial shall be submitted to and approved by the TransPortation Department. Access from the Property to the East/West Arterial shall conform to the approved access plan. Road Improvements, To provide an adequate roadway system~ the developer shaHbe responsible for the following: COnstruction of two (2) lanes of the East/West Arterial, based on YDOT Urban Minor Arterial Standards (50 MPH) with:modifications approved'by the TransportationDepartment, tSOm Otterdale Road to the western .property line. Construction of the East/West Arterial intersection with Otterdale Road:as a three4ane typical ~seCtion (i.e., one (1) westboUnd :lane and two (2) eastbound lanes). (iii) Construction of additional pavement along Otterdale Road at the:East/West Arterial intersection and along the' East/West A!Ttefial at approved access points to- provide left and right mmlanes, if warranted based on Transportation Department standards. 03SN0200-JAN28-BOS (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (iv). Widening/improving the West side-of Otterdale Road to an eleven (11) foOt ,wide ~traVel lane, measured!froTM the 'centerline of the road,-: ~with an-additional, one (1) foot wide paved Shoulder plus aseven (7) foot wide unpaved shoulder; with mOdifiCati0nsapProved byithe Transportation Department, for the entire property frontage, (v) Dedication to Chesterfield County, free: and unrestricted, of anY-a~difional, right-of-way_~.(or easements) required for the improvements identified above. 'In the event the'de~relOper is unable to:acquire the right-of-way necessal3r for the turn lanesalong :" Otterdale Road as identified:in Proffered-Condition . 2(c)0ii), the developer may request, in writing~ the County m acquire such right~of-way as a public-road improvement. . All. costs '.associated with :the acquisition of theright-of-way shall be borne .by the developer. In theevent the.County chooses not to assist in acquisition ofthe :" off, site!' right-0 fzWay,.,the developer shall-be.relieved ofthe obligation toacquire the "off-site" 'right'Of-Wa~;~ and' only provide the road imProvements that can be'.acco~odated !'wi~ available right,Of, way as determined bY.the Transportation Department. Phasing Plan. Prior to anYroad and drainage planapproval or ' prior to any site plan approval .~ whichever occurs;first, a Ph~ing plan for the req~ed ~Provements specified in Proffered Condition2(c) shall;:besubmitted m, and approved by;the Transportation Depai~ent.. (T) Public Utilities. The public water and wastewater systems shall be' used.:~ ..... " '' ' '' Timbering, With the exception of timbering to remove dead or diseased ~ees w~ich nas been appr%ed by the Virginia state Department of ~ores~, there s~all:.be:~nO timbering until'a land · s ~ permit nas been obtained, fr°m'the ~nVir°nmen~ Engineering Department. and the':appmved devices installed in acc°rdan~iwith The Forestry Best Management Practices for water Quality in Virginia. (EE) Cash Proffer. Prior to the time of issuance of a building Permit for each new dwelling unit, the applicant, subdivider, or'its assignee, shall pay to the County of Chesterfield~the,follOwing mounts for 4 03SN0200-JAN28~BOS infrastructure improvements within the service district for the Property: For all residential units'except those designated as age. restricted-units in accordance with paragraph(b): i. -if payment is. made prior to July i, 2003, $9000; or ii. if payment-is made after June 30; 2003, the amount approved by the Board of Supervisors, but not to exceed the $9000 per .dwelling unit as adjusted upward by any increase in the Marshall and Swift Building Cost Index betWeenJtfly 1, 2002 and July 1 of the fiscal year in which the payment is made; or For all residential_ units designated for senior housing, the units of which meet the occUPancy requirements for "age' 55 or over" hoUSing as .set. forth in- section3607 of thelFair HoUSing Act, 42 USC SeCtion3'601 et seq,, as amendedbY the Fair HoUSing Amendments Act of 1988~ and of 24 CFR Section 100,304 in effect as of'the date of the rezoning~ and which are subject to'the occupancy requirement that no pemon under 19 shall reside-in sUch~unit: if payment is made prior to July 1, 2003', $4815, tO be allocated among the facility Costs as follows: $598 for parks, $324-for libr~ facilities, 15346 for fire stations, and $3547 for. roads; or ii. if payment is madeafterJune 30, 2003; the amount approved by::the Board of' Supervisors, but '-not to exceed :the $4815 per dwelling., unit as adjusted upward bY any increase :in the: Marshal[ and: Swift Building COst .Index between July 1, 2002 and JulY l of the fiscal year in Whiehi~¢,pa~ment is made, go be allocated pro,rata:amongthe facility costs as spe6ified in (b)(i). ~ any of the cash proffers are not expended for the purposes designated by. the Capital .Improvemem Program within fifteen (15) years fit0m the dateiof Paymem, they shall be returned in ful~ to .the payor. Should Chesterfield CoUnty impose impact fees at any-time, during the life ~of the developmem that'are apPlicable-to :the property, the.amount paid in cash prOffers shall be in lieu-of or credited toward, but 5 03SN0200-JAN28~BOS not be in addition to, any impact fees, in'a manner determined bythe County. (B&M) (STAFF/CPC) (STAFF/CPC) . (sTAFF/CPC) (STAFF/CPC) o o Senior Housing. At the time of recordation ofthe subdivision;any dWellings-designated for-senior housing shall be noted onthe 'record plat.. Lots eontainlng Such dWellings shali:'begrouped together as part of thesame development sectiOn(s).- (P) Textual-Statement. In conjunction with the approval ofthis request, the textual:statemem dated November 5,'2003 Shall be approved. (P) Lot Sizeand Densi _ty. All residentiallots:havingonlyoneaceess and that access is through Otterdale Park-Subdivision shall have an average area of nottess than t08,000 square feet. Such development shall not exceed a density of.4 units, per acre. (P) The developer shall leave temporary sediment basins' which would achieVe the.0:22 phosphorus standard-in'Place until the.downstream regionalBMP to which theY ~' has.been constructed. (EE) GENERAL' INFO~TION Location: West line of Otterdale Road; south of Broadmoore Road2 Tax IDs 70%682-4055, 708,681- 7138, 708-683-1628 and 6612(Sheets 8, 9, 14 and 15); Existing Zoning: Size: 157.6 acres Existing Land Use: Vacant. 6 03SN0200-IAN28~BOS Adjacent Zoning and Land Use: North South East West - R-.12 with Conditional Use Planned Development; Vacant (tentatively approved as Summer Lake Subdivision) - A; Single familY residential or vacant - A and R-7; .Single family residential or vacant - R-9 with Conditional Use Planned Development; Vacant UTILITIES Public WaterSystem: There is an existing sixteen (16) inch water line extending along a portion of Otterdale Road that terminates approximately 250 feet north of the request site. In addition, there is an eight · (8) inch water line that extends along Broadmoore Road and terminates adjacent to the eastern boundary of this site. Use of the public water sYStem is intended and has been proffered-by the applicant (Proffered Condition 3)'. At time of development, extension ofthe existing sixteen (16) inch water-line along Otterdale Road to the Southern most limits of this site will be required. Public WasteWater System: The request site lies Onthe boundary between two (2) drainage basins..The northern half of this site drains.to Otterdale Branch, which is served by a twenty-four (24) inch wastewater trunk'line that terminates approximately 4,600 feet northeast ofthis site. Wastewater service to the northern portion of this site will be through the adjacent SUmmer Lake development. The southern half of this site drains to Deep Creek, whichiSServedbyathirty-six (36) inch wastewater mink line that terminates adjacent to FoXfire SUbdivision, Section 1, approximately 6,500 feet. east of this site. Plans prepared by Timmons Engineers, havebeen submitted to .the Utilities Department for review that propoSe to extend'the thirty-six (3.6) inch wastewater mink line along Deep Creekand Blaekman Creek, to serve the:Magnolia Green development. The applicant is advised to Coordinate the off. site wastewater extension to serve thissite with the construction of the thirty-six '(36) ;inch wasteWater trunk line, The Upper Swift Creek Plan.recommends use of the public wastewater systeTM. Use of the public wastewater system is intended. (Proffered Condition 3) ENVIRONMENTAL Drainage and Erosion: The property drains south through tributaries to Swift Creek and eventually to Swift Creek Reservoir. The property is heavily wooded and, as such, should not be timbered until the issuance of a land disturbance permit. This will ensure-that adequate erosion control measures are in place prior to any land disturbance, activity. (Pi~offered Condition 4) 7 03SN0200-JAN28-BOS Water Quality: Participation in the Upper Swift Creek Regional Stormwater Ma~qter Plan is required with payment of a pro-rata construction fee and a fee per residential unit for BMP maintenance. To address concerns ofthe Planning Commission and area citizens, the applicant.has, agreed to maintain .sediment basins until downstream regional BMPs have been constructed. (Proffered Condition 9) PUBLIC FACILITIEs. . The need for fire, school,, library, park and transportation facilities is identified in .the Public Facilities:Plan the Thoroughfare Plan andthe Capitatlmprovement Program and.further detailed by specific dcpartmems herein. This'development will have an impact onthese facilities~ - Fire Service: The Public Facilities Plan indicates that emergency services (EMS) calls are expected to increase forty-five (45)Peteent bY the Year 2015.. Eight (8) new.fire/rescue statiOns are recommended for construction bY. the year 20I 5 inthe Plan. Based on 314 dwelling Urdts~ this request will generate approximately eighty (80). calls :forfire and EMS services each year. The applicant has. addressed:the.impact on. fire service. (Proffered Condition 5) The Waterford Fire/Rescue Station, Company Number I6, currently provides fire protection and emergency medical service. When the property is developed, the. number of hydrants, quantity of water needed fOrfire protection and access requirements:will be evaluated:during the plans review process. Schools: Approximately 166 students'will be generated by thisdeVelopmem: This site lies in the' Grange Hall Elementary School attendance zone:, capacity - 739, enrollment - 567; Swift Creek Middle School Zone:. capacity - 1,200, enrOllment.', 1 ~456; and-Clover Hill High School zone: capacity - 1,600, enrollment - 1,969. This request will have an impact on the middle and high School involved. There are currently eight (8) trailers at Swift Creek Middle and fifteen (15):trailers at CloverHill High. The applicant has fully addreSsed the impact on school facilities. (Proffered COndition 5) Libraries: . Consistent with Board of Supervisors' Policy, the impact of develoPmem on libraryservices is assessed County-wide. Based. on projected population growth, the Public Facilities-Plan identifies a'need for additional .library space throughom the County.- Even if the facility 8 : .03SN0200-JAN28;BOS improvements that have been made since the Public'Facilities Plan was published are taken into account, there is still anunmet need for additional library space throughout the County. The. development would most likely impact the Clover Hill Library or a proposed new facility in the Genito/Powhite area. The-applicant has addressed the impact of this proposed development on library facilities, (Proffered Condition 5) Parks and Recreation: The Public Facilities Plan 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 in addressing' the impact of this-proposed development on these parks'and recreation facilities. (Proffered Condition 5) Transportation: The property (157.6 acres)is currently ZOned Agricultural (A) on 154.5 acres and Residential (R,7) on 3.1 acres. The applicant is requesting rezoning to Residential (R-12) with Conditional Use Planned Development to permit Convenience BUsinesS (C-l) uses. The applicant has proffered that residential development will not exceed 314 dwelling units (Proffered Condition-I). This request will not limit development of the C-1 to a specific land use; therefore, it is difficult to anticipate traffic generation. The' Textual Statement limits development of C-1 uses to 15,000 square feet (Textual Statement Condition 1.). Based on single family and shopping center trip rates, development could generate approximately 4,980 average daily trips.~ These vehicles will be distributed along Otterdale Road, which had a 2003 traffic count of 1,059 vehicles per day. The Thoroughfare Plan identifies-Otterdale Road as a major arterial with recommended-right of way width of ninety (90) feet~ The applicant has Proffered to dedicateforty-five (45) feet of right of way, measured:frOm' the Centerline of Otterdale Road, in accordance with that Plan. (Proffered Condition 2.a.i.) The Thoroughfare Plan also identifies an east/west arterial (the '~East/West Arterial"), with a recommended right of .Way width of ninety. (90) feet, extending, from Otterdale Road westward through the property to MoSeley Road: The applicant has proffered to dedicate a ninety (90) foot wide right of:way through ~ the property, in accordance with that Plan. (Proffered Condition 2.a.ii.) The Subdivision Ordinance requires that subdivision streets must conform to the Harming Commission' s Stub Road Policy, which suggests that traffic-volumes.on those streets should not exceed an acceptable level of 1,500 vehicles per day. A' tentative subdivision plan 9 03SbI0200-JAN28-BOS (Summer Lake Subdivision) has been approved on the' adjacent' property to the north, which provides a stub road fight ofway (Easter Road) to the subject property. In addition, a'stub road fight of way (Broadmoore'R0ad) was provided to the subject property with recordation of Otterdale Park Subdivision. Traffic generated from development of the subject proPerty could be distributed thr0ugh.the Summer Lake and Otterdale Park SubdivisiOns. In accordance with the Stub Road POlicy, specific recommendationS.regarding the impact of this traftic on those adjacent'subdivision streets will be. provided at time of tentative subdivision review. Development of the C-1 PrOperty must adhere to the Development Standards Manual in the zoning Ordinance, relative-to access and internal circulation03iVision 5). Access to major. arterials, such as Otterdale Road} should be controlled. The appliean}has proffered that-direCt' access to Otterdale Road will be!limited to the East/West Arterial (Proffered Condition 2.b.). Proffered Condition 22b: also requires the developer tO submit ~and receive apProval.of an access plan for the East/West Arterial. -. ~ The traffic impact of this development must b6 addressedi~ Theapplicant has prOffered to: 1) ' construct two (2) lanes °f the:EaSt/West Arterial from otterdale ~-oad to the westem proPert~ line; 2) conStruct the East/X~est Arterial intersection withOtterdale Road as a three (3) lane' typical section (i.e., one (1)_westbound lane and two (2)eastbom~dtanes); 3) c0nSt~i~t left- ' and right mm lanes al0ng otterdaie Road at theEast/West Aiterial hters~fion and alOng the - East/West Road at each-apPrOved:access, based on Transportation Department standards; and' 4) widen the west side-of:Otterdale Road to a total travel WaY. Width of eleven (11.) feet" measured from the centerline with an additional one (1) foot widePaved shoulder ,plUs a seven (7) foot wide unpaved'shoulder for the entire property.f~oatage.. ~roffered Condition 2.c0 The developer may need to acquire "off-site" right of wayin'Order~toprovide the mm.lanes .along Otterdale Road at:.'the!East/West. Arterial intersectioa~ According to 'Proffered Condition2.c.v., if the developer is unableto acquire the:righto~way: f0r this improvement, the:deVelOper may request ~e:i C°unty to acquire th~:i:hghti}of~:iwaYL'as~a public~ roa{i' imprOvement. All costs ass°elated with the acqulsifion'~e-~meibY:~e deviioper. I~~the County chooses not to assist with the fight of way acq~sifio~i; ~¢ deV:eloper. ~ll.not be obliga'ted to acquire the ~,offrsite,?fight Of,way,:.and willibniYbe:ibb~gatea t6 construet :r°ad imProvements within;aVailable,fright, of wayl CrOffered ¢oi, aiabn Area roads need to be improved to address safety and acComm°date the-increase in:traffic generatedby this development. Otterdale.Road' will be directly :~Pacte:dby development of this proPerty. Sections °f this road have nineteen (1:9):to ~en~i {20)'~fo~t-wide l~t-Vement with ho.shoulders, with subs ~ ~tandard Vertical andhodzo!!tali~i~ents~The capaCi~:Ofthis road is acceptable (Level, 0f ServiCe B) for the volume ;of~: i~icurrently carrieS.i(1 ~059 vehicles per day). The standardtYPical section for OtterdaleR~-shOu!dibe:t;wenty~fo~tr (24) foot wide .pavement, with minimum eight {8) foot wlde 'Sh~flers, The apPlicant has. pr°ffered t~'contribute Cash, in an amora consistent with the~:~d:of Sa erv~orS,::Polic towards mitigating the ,traffic impact of this: deVelopmeni~¢~offered Condition 5): As 10 development continues in this area, traffic volumes on Otterdale ROad will substantially increase. Providing improvements to Otterdale Road and other substandard roads in this area will require public fundsi in addition to cash proffers. NO road improvemem projects in this area. of the County are currently included in the Six-Year Improvemem Plan. At time of tentative subdivision review or site plan approval, specific recommendations will be provided regardingaccess, stub road'rights of way to adjacem properties and the proposed internal street netWork; Financial Impact on Capital Facilities: · PER UNIT ~ ' Potential Number of NeTM Dwelling Units' 308* 1.00' Population Increase ~ 837.76 ~ 2.72 Number of New Students ..' ' Elementary 73.92 : 0.24 Middle ·' 40.04 ' 0.13 .High 52.36 . 0.17 TOTAL.· 166232 0.54· · Net COst for Schools ' 1,492,876 4,847 Net Cost for Parks · 213,444 .' - 693 Net Cost for Libraries ' 115,500 375 Net Cost for Fire Stations 123,508 -. 401· AverageNet Cost fOr Roads · 1,265,572 4,109 TOTAL NET COST : . ~ '3,2101900 [. · 10,425 *Reflects the number of units in excess of:6, ~er staff's calCulations, that are subject to impact. (Proffered Condition 1) 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 thata maximum proffer of $9,000 per unit would defray the cost of the capital facilities necessitated by this proposed development. The applicant has been further adVised that a maximum proffer of $4,815 per unit would defray the cost of capital facilities necessitated by development of the age-restricted portiOn.oftheProposed development, as it will not havean increased impact on schools facilities. Consistent with the Board of Supervisors' Policy, and proffers accepted.from otherapplicants, the applicant has offered cash to assist in defraying the Cost of this proposed zoning on·such capital facilities. (Proffered Condition 5) 03SN0200-JAN28-BOS Note that circumstances relevant to this case, as presemed 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 B1an which suggests the property is appropriate for residential development of 2.0 dwelling units per acre or less. The Plan also suggests that convenience commercial nodes may also be appropriate within. Such a coordinated development subject to adeqUate access and a design that incorporates an internal focus'with open spaces and pedestrian connections. Area Development Trends: Properties to the north are vacant, but'are zoned for singlefamilY~development and are under subdiVision plan review as part ofthe Summer Lake Subdivision~development; Properties to the east have been developed as part of the Otterdale Park subdivision or .are zOned Agricultural (A) and occupiedby s'mgle family dWellings or are.currently vacant.: prOPerties to the west are zoned Residential (R-9) and are part of the overall Magnolia Green project; The remaining properties to the south are zoned Agricultural (A) and are occupied by single family residences or are vacant..Residential development at densities consistent :with the Plan is eXpected to continue in this area. '" Site Design: The applicant has prOffered a .maximum of M4 dwelling units (Proffered Condition 1). Access .is proposed to Otterdale Road. Based upon the number of proposed lots; it' is anticipated that a minimum of two (2) access points:will beprovided. At the time of tentative subdivision submission, restrictionson lots fronting Qtterdale Road, provision of buffers along Otterdale Road and internal sitedesign Will be revieWed. Any lots designated for senior hOusing will be designated on,the record plats to assist in tracking their associated impacts on capital facilities. (Proffered Condition 6) Commercial Node: The_applicant has submitted a Master Plan that. conceptually dePicts a five (5) acre Parcel reserved for Convenience Business (C- 1) uses.: This commercial node' is intended to provide lhnited commercial and office services to residents within~-theplanned community. This tract. will be' located within one (1) qUadrant of the intersection~ of the Proposed East/West Arterial and a residential collector street within the development~ as generally depicted on theMaster Plan. To' minimize' the ~impact .of.these Uses upon the ipmpOsed surroUnding reSidemial developmem, no residential lotswoUld from On this resid~nfi~ ~°lleCtOr Street ~dj acent, toor within the vicinity of these C-1 uses. Proffered conditions- pemait thetocation of theC-1 12 03SN0200-JAN28-BOS uses robe modified at the time Of the initial tentative subdivision plan submittal, provided the location is maintained at the intersection of the East/West Arterial 'and a residential collector street and insUres land use transition and compatibilitY witth sUrrounding residential uses: lnno case would suchuses be permitted along otterdale ROadiDeVelopm~moftheSe commercial uses would'be limited to a maximum of 15;000 gross square feet and would comply'with the requirements ofthe Zoning Ordinance .fo,-the Convenience Business (C- 1) District Plus Emerging. GrowthDistrict Standards. These requirements address access, landscaping, architectural treatment, setbacks, parking, signs;b. :u~ ers. andutilifies andensure cOmpatibility with the,surroUnding residential, areas. (Pmfferid Condition 7 and Textual Statement) Access to Broadmoore Road: Connection between the subject ,development and Broadmoore. Road will be evaluated- through the tentative subdivisiOn:review process based upOn~s adopted.policy.·'At this time: without a tentative .subdivision plan,.it is not poSsi~ie t° deten~fined whether Broadmoore Road should be extended. Potential exists for Broadmoore Road tobepa~allY~. extended to serve a limited-number of lots. The applicant-~has:addressed, compafibility concerns (Proffered Condition 8). Currently, the' average l°t,· Size in-Otterdale Park is apprOximately 2.5 acres: and. theaverage density is approximately.4'dwelling Units per acre, .CONCLUSIONS The proposed zoning and land use conforms to the Upper Swift.CreekPlan which suggests the property is appropriate for residenti~, use of 2.0 units per acre :or'leSs, and is representative of anticipated area, developments Further,-the non-residential nses.e°mPly with.the plan which SUggests that such uses-are appropriate within a.¢Oordinated deVelOpment. The proffered conditions address the impacts ofthis development:on necessary capital facilities, as outlined in the. ZOning Ordinance and COmprehensive Plan. Specifically; the need:for schools; parks, librariesandfirestafions is identified'in:~e County's adopted Public Facilities l~lan, Thor0Ugh~are; Plan and:CaPital'-ImProvement:;Progr~ and~the in'pact offliiS devd0p~entssdiScusSed herein proffered Conditions adequatelY-~tigatethe impa~t On eaPitalfaeil~;ieS; :therebY insUring adequate serviCe levels ~aremaintalned andP~teeting the health, s~ety and"~elfare °f ~e-Count~ Given these, considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (6/I7/03): At the request of the-applicantl the CommisSion deferredthiSicase to:the Commission, S November 18, 2003, public heaXing. 13 - 03'SN0200.l~282BOS Staff(6/18/03): .The applicant was adviSed in writing that any significant new or revised information should be submitted no later`than September 2, 2003, for consideration at the Commission's November public hearing. Also, the apPlicant was advised that a $250.00 deferral fee must be paid prior to the Commission's public hearing. Applicant (11/6/03): Revised proffered conditions and textual statement were submitted. Staff (11/10/03): To date, the $250.00 deferral fee has not been paid. Applicant (11/17/03): The-deferral fee was paid. Also, Proffered Condition 8 was submitted. Planning CommisSion Meeting (11/18/03): The applicant accepted the recommendation. There was opposition present.' Concerns were expressed relative to the condition of Otterdale Road;' impacts on water quality; and overcrowded schools. Support was present indicating that: the proposal~is compatible with existing develOpment patterns. The applicant agreed'to proffer an additional condition to-address water quality concerns. (Proffered Condition 9) on motion of Mr. Stack, seconded by Mr. Clmningham, the Commission recommended approval of this request and acceptance of the proffered conditiOn on pages .2 through' 5. AYES: Messrs. Gecker, Litton, Cunningham and Stack. NAY: Mr. Gulley. Board of Supervisors Meeting 0.2/17/03): At the request of the applicant, the Board deferred this case to January'28, 2004. 14 03SN0200-JAN28-BOS Staff(12llS/03): The applicant was advised in writing that any significant new or,reviSed information Should be sUbmit[ed no later than December 23, 2003, for consideration atthe. Board's January public hearing. Also, the aPPlicant was advised that.a $250,00 deferral fee must bepaid prior to the Board's public hearing. Staff (1/21/04): ' To date, no new information has been submitted; nor has the$250.00'deferral fee been paid. The Board of Supervisors, on Wednesday, January 28, 2004, berg at 7~00 p.m,, will take under consideration' this request. 15 03SN0200-JAN28-BOS. Textual Statement Case 03SN0200 The plan entitled "Morrisette Tract", prepared by JOseph, Cox & Associates and dated November 5, 2003, shall be considered the Master Plan.' The location of the East/West ~teriat and of access. points to the Property are conceptual only and shaH;be· approved by the Transportation Department: In addition to those uses. permit by right .or with restrictions in the Residential (R-12) District, Convenience.Business.~C~l) uses shah be permitted, subject.to the following reStrictions:. - - Such development shall contain a maximumoffive (5) acres with a density not to a maximum of 15,000 gross square feet of building area Such uses shall be'located at one quadrantofthe· intersection of the East/West Arterial and a residential' Collector 'street which extends through the property, as generallY depicted:on the Master Plan. No residential lots shall: fr°~t ~ithis residential collector street adjacent to or in the vicinity of the C~1 uses. c. The location of suCh uses may.be modified :frOm that shown on .the Master Plan Provided that:. ' - i. Such uses are located at one quadrant~of the intersection of the East/West Arterial and: a residential collectOr'street which extends through the :property,:and is intern:al to the development; ii. No residential lots shall front' on this residential collector street adjacent to or in,the vicinity.of the C-~1 uses; iii. Such location insures land-use transition and cOmpatibility with surrounding residential uses and.SUehUSes are located so as to minimize their impacts upon 'adj~cent properties. A plan depicting-this modification shall .be submitted to the Planning Department for review and apprOval'. Such Plan shall be subject t'° appeal in accordanc~.'~th~theprovision of the Zoning Ordinance for Site Plan: apPe~iS;-'and:' iv. In no event shall such Uses be located along: otterdate Road. eo Such development shall conform to the requirements of the Zoning Ordinance for Convenience Business ~(C-1).Districts in Emerging Growth Districtareas. The location of such C-1 uses shall be.identified on the initial tentative subdivision plan. Any record plat for lots adjacent to the proposed C-1 uses shall note the potential· for commercial development adjacent to such lots. Date: November 5, 2003 //529757 vi 026824.00001 ,0 I I I i° I \ \ \ \ / Z O. 0