04SN0205-July28.pdf STAFF'S '
REQUEST ANALYSIS
AND-
- . co NDAT ON
04SN0205
REQUEST:
Theodore Balsamo
MatOaeaMagisterial District
Grange Hall' ElementarY, Swift Creek:Middle
and Clover Hill High Sc-hOol Attendance: zones
s°uth.li~e of Genito ROad
ReZoning from A~cultural (A) to Residential (R,12),. THIs REQI~ST LIEs
WITHIN THE UPPER SWIFT CREEK PLAN;AREA (CASE: WAS
ON JANUARY12, 2'004,',AND AMENDED ON.~CH 19, 2004).
PROPOSED LAND USE:
A single family residential subdivision with a.minimum lot' :size.'of 15,000 and
25,000 square.feet· iS. Plied (Proffered: Condition '19). The. applicant hZ
proffered to limit:develOPment to..a maximum 6f:215 dwelling uni~,. YieldS'i;a
density of approXimatelY_l.i~55 dwelling units-per:aCre. (Proffered COndition 4)-:-i;ii;: '
PLANNING CO~SSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONs ON
PAGES 2_THROUGH 11. ' '
AYES: MESSRS. GECKER, LITTON AND WILSON.
NAYS: MESSRS. BASS AND GULLEY:
STAFF RECOMMENDATION
Recommend apProval for the fOllowing reasons:
A.
The proposed zoning and land use-complies 'with-the Upper Swift creek.~pl~ :
which suggests the' property 'is appropriate for :residential developmen~ of 2~:0
dwelling'units per acre 0r'less. ' ' .... '
Providing a FIRST CHOICE C0mmunity Through Excellence in Public Service . .
The proffered conditions adequately address the impacts of this development on
necessary capital facilities, as outlined in .the Zoning Ordinance and
Comprehensive Plan; SpeCifically, the.need for transportation, schools, parks,
libraries and fire Stations is identified in the CoUnty's adopted Public Facilities
Plan, the Thoroughfare Plan and Capital Improvement Program and the impact of
this development is discussed herein. The-proffered conditions adequately
mitigate the impact: on.capital facilities, thereby insuring that adequate service
levels are maintained as necessary to protect the health, safety and welfare of
County citizens.
The Upper Swift Creek Plan suggests that corridors along the perennial tributaries
of the Swift Creek Reservoir be preserved to maintain natural vegetation, wildlife
habitats, natural drainage patterns and the water 'quality of the reservoir, while
also permitting passive recreation. Therefore, the Plan recommends the provision
of conservation: passive recreation areas alOng Otterdale' Branch. Proffered
Condition 17 provides for such an area.
(NOTE: THE ONLY CONDITION THAT MAY BE'IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNERS MAY PROFFER OTHER CONDITIONS. THE CONDITIONS
NOTED WITH' "STAFF/CPC" ,WERE. AGREED UPON BY BOTH STAFF AND. THE
COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY
BY STAFF. CONDITIONS WITH-ONLY A "CPC" ARE ADDITIONAL'- CONDITIONS
RECOMMENDED BY THE PLANNING;COMMISSION.)
PROFFERED CONDITIONS
(NOTE: PROFFERED CONDITIONS 4, 19 AND 20 HAVE BEEN REVISED
SUBSEQUENT TO THE COMMISSION'S CONSIDERATION-OF 'TItIS.REQUEST.
SHOULD THE BOARD WISH _TO CONSIDER .THESE RE~SED PRoFFERs, THEY
MUST 'UNANIMOUSLY AGREE. TO SUSPEND THEIR:PROCEDURES, AS SUCH
PROFFERs WERE SUBMITTED -AFTER THE- CASE 'APPEARED IN-THE
NEWSPAPER.) ~
(STAFF/CPC)
1. The public water and wasteWater systems shall be USed. (U)
(STAFF/CPC) 2.
The applicant, subdivider, or assignee(s)'shall pay the following to
Chesterfield County, for infrastructure improvements within the
service district for' the Property. ~
PriOr to the time of-issuance of a building permit for each
dwelling unit, the applicant, subdivider, or assignee(s) Shall
pay to the County of CheSterfield the '.follOwing amounts
for infrastructure improvements:within the service district
for the property:
if payment is made. prior to July 1, 2004, $9,000.00;
or
2 04SN0205_JULY28_BOS
(STAFF/CPC)
Be
b. if payment is made after June 30, 2004, the amount
approved-bY the Board of Supervisors not 'to' exceed
$9,000.00-per dwelling unit adjusted.upward by any
increase in the Marshall and Swift Building COst
Index'between July 1, 2003, and .July'I of the fiscal
year in which.the l~ayment.is made.
At the option of the: TranSportation
Department ex~e~cised
pursuant to proffer ~no.. 20 below, and in lieu of the
amounts set :~orth in proffer no'.. ZA above, the applicant,
subdivider, or assignee(s)~ shall, pay to the CoUnty of
Chesterfield~ prior:to .the.time-of. issuance of a building
permit for each dwelling unit~ the follOwing amoUnts for
infrastructure improvements .(exclUding transportation)
'Within the service diStrict: for. the property:
a. if paymentis made prior to July 1, 2004, $5,453; or
b. if payment is made after June. 30, 2004~ the amount
approved by. the. ~Board Of Supervisors. not to exceed
$5,453 per dwellingUnit;adjUSted upward by any'
increase in the Marshall r and Swift Building COst
Index between July !; 2003, and July 1 of the fiscal
year in which the payment ismade.
At.the option of the TranSportation. Department the cash
proffer payment :may be reduced for road improvements by
an amount:not to eXCeed the.amount'that wouldbe paid in
:cash proffers for the' road. component, exclusive of those
· .road imprOvementS~ identified i~pr0ffered condition 1'1,
performed by the applicant; :sUbdivider' or assignee(s), i~
determined by the.T~-~P°rtati°nDepartment. '
De
E~
In the event the. cash payment-is not used for which
proffered within 15 -years Of 'receipt, the ' cash' shall be
returned in full to the:payOr. -
Should anyimpact fees be. imposed by Chesterfield County
atany time-'during the life'of the development-that .are
applicable to the property; the.amount paid in cash'proffers
Shall!be in lieu of~r credited toward; but not be in-~tddifi°n
to,. any.impact fees, ina. ~anner_ determined by the County.
A one hundred (100) fOot buffer Shall be provided along Genito
Road. ThiS-buffer shall be tocated within r~corded Open s~ace and.
3 ~ . 04SN0205-JULY28-BOS
shall comply with the requirements .of the Subdivision Ordinance.
(P)
(NOTE: PROFFERED CONDITION 4 HAS BEEN MODIFIED SUBSEQUENT TO THE
COMMISSION'S CONSIDERATION OF THIS REQUEST.- SHOULD THE BOARD
WISH TO APPROVE THIS REQUEST IT-WOULD ~BE APPROPRIATE TO ACCEPT
PROFFERED CONDITION 4, AS MODIFIED AND NOTED AS RECOMMENDED BY
"STAFF.',)
(STAFF/CPC) 4.
(STAFF) 4.
(STAFF/CPC) 5.
The total number of residential dwelling units allowed on the
Property shall not exceed 248 dwelling units. (P)
The tOtal number of residential, dwelling. units allowed on the
Property shall not exceed 215 dwelling units.
All dwelling Urdts shall'have a minimum gross floor area of 2500
square feet. (BI & P)
(STAFF/CPC) 6.
All dwelling units that provide a garage shall employ rear or side
entry garage designs. (BI & P)
(STAFF/CPC) 7.
(STAFF/CPC) 8.
(STAFF/CPC) 9.
(STAFF/CPC) 10.
Ail. exposed portions., of' the fOundation and exposed piers
supporting front pOrches .of each new-dwelling unit shall be faced
with brick or stone-veneer, or exterior insUlation and finishing
systems (EIFS) materials. (B! &:P)
Except for timbering approved by the Virginia State Department of
Forestry..for~the purpose of removing dead or diseased trees, there
shall be no timbering on the Property until a land disturbance
permit .has been obtained :from the Environmental Engineering
Department and the.approVed devices installed. (EE)
Direct access from the property to Genito Road shall be limited to
two (2) public roads. 'The: exact locatiOn of these accesses shall'be
approved by the TranspOrtation Department. (T)
In conjunctiOn with the recordation of-the initial subdivision plat,
forty, five (45) feet-of fight of way On the south side of Genito
Road, measured from .the Center. line of that part.Of Genito' ROad
immediately adjacent-to the property, shall be dedicated, free and
unrestricted, to and for the 'benefit~of Chesterfield County. (T)
(STAFF/CPC) 11.
· To provide.an adequate roadway sYstem at the time of complete
development, .the owner/developer shall be responsible for the
following:
4 04SN0205-JULY28~BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/Cpc)
12.
13.
14.
ao
Construction of additional pavement, along Genito Road at
each approved access ,to provide right and left mm lanes, 'if
warranted, based on Transportation Department standards;
Widening/improving the south side of Genito Road to an
eleven (11) foot wide travel lane, measured 'from. the
existing centerline of the road, : with an additional one (I)
foot wide paved shoulder, plus a seven (7) foot wide
unpaved shoulder, and overlaying the full width .of the road
with One and a half (1.5) inch of compacted bituminoUS
asphalt concrete, with any modificatiOns approved by the
Transportation Department, for the entire property frontage
except along the eastern part of the property that is
approximately forty, five (45) feet in width;
Dedication to Chesterfield County, free and unrestricted.
any additional right-of-way (or easements) required for the
improvements identified aboVe. In the event the developer
is unable to acquire any "off-site" right-of-way that is
necessary for any .improvement-described in proffer
condition 11, 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 not-to assist the developer in
acquisition of the "off~site" right-Of-way, the developer
shall be relieved of'the obligation to acquire the"off-site"
right, of-way and shall provide the' road 'improvements
within available right-of, way as determined by. the'
Transportation Departmenti (T)
Prior to any construction plan approval, :a phasing plan:for the
required road improvemems,, as identified in Proffered ConditiOn
11; shall be submitted to ' and approved by the-TransportatiOn
Department. (T)
Public Roads.shall be constructed with.conCrete curb and gutter,
with the-exception of non lot ~frOntage roads which shall be
permitted to be constructed with road side ditch. (EE)
At a minimum, the following 'restriCtive covenants Shall be
recorded for the development.
Architectural Board - The Architectural Board shall have
exclusive jurisdiction over all-ori~ constmction~ modifications,
additions or-alterations made on or to all existing improvements,
and the Open space, if any, appurtenant thereto on all.3roPerty: It
-shall prepare and; on behalf 0f the Board of DireCtr~}s, ~hall
5 04SN0205-JULY28-BOS
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 stmctures, 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 Owners, builders, and developers who-seek to engage
in deVelopment of or constrUctiOn upon property their
operations'strictly in 'accordance therewith. The Architectural
Board shall initially cOnsist °f 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 maximumof two (2) additional members. At no time
shall the Architectural :Board- have fewer, than three members nor
more than:five (5) membem At such time as one 'hundred percent
(100%) of'all property has been-developed, improved, and
conveyed to purchasers in thenormal'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 it0appoint one or more membersof
the_.Architectuml Board~ At all times, at least one (1) member of
the Architectural 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, whoshall alsO~be~ the.chairperson..
Mailboxes- Every imprOved lot~ shall be required to have a
mailbox with sul~ortii~g pOst' and.' streetligh~ 'of design 'and
installati°n as specified:in the standards~ :: Each lotOwner shall be
respOnsible :for the maintenance, and' Operation :of the fixture,
support, and mailbox.
Parking-- Each property owner'shall provide space for the parking
of automobiles off public streets prior, to the occupancy of any
building or structure constructed On said prOperty- in .accordance
with the:Standards. " ~ ·
Signs ' No si~m~.q 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 :bec:reqUired -by legal proceedings..
Residential l.prOpertY identification· and like skins not' eXceedin~:a..
6 -: ~ '.~04SN0205_JULY28_BOS
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 ofthe 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' andstipulatedin each deed~
The"term "enclosed 'dwelling area" as~ used in. these minimum .size
requirements does not' include 'garages, terraces~, decks, open
porches, andthe 1ike areas.
Residential~Use -
bo
Co
All lots shall be used for residential pUrPoses exclusively.
The:USe of a p°rtion.Of a dWelling On a lot as an office.:l~y
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 (1) detached
single familY dwelling..and: one (1):.accessory :building
which may i~clude aid~tached:prime garage, p~oVided th~
Use of Such accessory building does not overC;°wd the site
andProVided further that .SUcl~building is not:Used for any
activity normally conducted'as.~ business. 'Such accessory
:building may not be constructed prior to theconstmction of
the main building.. '..
A guest suite or like faCility--~thout" a kitchen may be
included as part of the.main dwelling or accesSory.building,
. but such suite may notbe rented.or leased except~as Part:Of
the'entire premises inClUding' :the main::-dx~vellin~ .and'
provided, however, that:Such suite wOUld not. result-in
overcrowding of the site.
The.provisions of.this paragraph shall not-'prohibit the
Developer.. f~om using-a .house as:a' model as .provided in
this Declaration. .
Exterior' Structure Completion ~ _The-exterior ~of. al1 houses and
other structures ranst:be completed within one (1) year.-at~er the
7 04SN0205-JULY28-BOS
construction of same shall have commenced, except where such
completion is impossible or wOuld result in great hardship tothe
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
reasonable 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, similar'storage.reCeptacles, electric and gas meters, air
conditioning equipment, clotheslines, and other unsightly objects
must 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 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,_°r 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 visible
from adjacent, properties.
Temporary. Structures-~No structure of a temporary character shall
be placed upon any-lot at any time provided, hoWeVer, that this
prohibition shall not apply to shelter or temporary: structures used
by the Contractor during the construction 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 onthe exterior
portion ot~ any building or structure or any lot, except as permitted
by applicable law and 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.
8 04SN0205-JULY2g-BOS
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:.onthe 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 subdivision. However the interpretation
of the paragraph shall not prohibit the combining of two (2) or
more contiguous 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,r. Or poultry shall :be
permitted Upon-any lot.. After giving- a lot owner writte~i notice°f
complaint` 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.
Motor Bikes All Terrain Vehicles.- No motor bikes, motorcycles,
or all terrain vehicles shall be driven upon the common area, lots,
or'roads (urdess 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 purpOsesonly.
Extemai 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, enjoyment, and priVaCy of ~Y
lOt or-Ownerin thenear vicinity;- No' neon or flashing lights Shall
be permitted. All external lighting shall, be approved by ~the
ArchiteCtural'Board as appropriate:in. Size; 'loc~i~n,' colo;, and
intensity..
Swimming. Pools - No swimming pool, whether in gr0und-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 s~ming
pools beadequately screened. _ - ' · '
9 04SN0205-JULY28-BOS
(sTAFF/cPC)
(STAFF/CPC)
15.
16.
Rules and Regulations - The Board of Directors' is granted and
shall have' the poWer to promUlgate, roles and regulations, froTM
time to time, governing the use of and:activity upon the Common
Area and' the Recreational.Facilities 0fthe Recreational Facilities
are owned or leased by the Association).. Ail rules and regulations
promulgated by the Board of Directors .shall be. published and
distributed to each member of the-Association at :least thirty (30)
days prior to their effective:date. ~)
The two (2)southern most existing Ponds-shall be retained.· (EE)
Development onthe Property shall:be phased as follows:
(STAFF/CPC) 17.
(STAFF/CPC) 18.
a. No!ots shall be recorded prior to January 1, 2006
b. . No more than one hundred (100) lots shall be recorded
prior to January 1,. 2007~
c. No more than 'a'cUmulative total-0f two hundred (200) lots
shall be'recorded prior to January 1, 2008.
d. The remaining lots-shall be recorded after January 1', 2008.
(P)
The'developer shall proVide, a trail: along' the length of Otterdale
Branch .from the eastern to westeTM 'parCel boundm-ies: The exact
length, width and-treatment' of the' trail _ShalI be approved by the
Parks. :and RecreatiOn Dep~ent; rThe_irai1 shall be dedicated.t°
the coUnty oran easement granted:tO itheeounty, or: Shall be owned
and main~ed by-the Hom~0wners AssOCiation. (P&R)" '
Temporary sediment' basins shall remain in place and/or new
MP s eonstmctedto aehieve~the 0:22 phosphorous standard until
the downstream regiOnal BMP .int° :.WhiCh the. development .~11
drain has been constructed; (EE)~ '. ' '
(NOTE: PROFFERED CONDITION-19 HAS BEEN-MODIFIED~sUBSEQIJ-ENT.T_O
THE COMMISSION'S CONSmERATiON OI*.'THIS_? Q ST
BOARD WISH TO-APPRO~ THIS.REQ~STIT:WO~D~iBE APPROPRi~TE TO
ACCEPT' PROFFERED coNDITION 19
RECOMMENDED BY "STAFF".) .
(STAFF/CPC) 19. All lots shall have a minimum lot area of 15,000 square feet.' (P):
(STAFF) 19. Ail lots shall have a minimumlot:areaof 15,000 Square feet except
that any lot immediately adjacemo: enitORoad aha,any lot.along
the W~stem Property, l~ne.~dj acent to Tax~ ID# 698,--68926647'sh~t
(NOTE: PROFFERED CONDITION20 HAS BEEN .MoDrED SUBSEQUENT:~O'i
THE co nSSlON'S cONSmW U. TIoN ov -TIns ?REq SX ' sItO n
10 ~ 04SN0205,JULY28:BOS
BOARD WISH TO APPROVE THIS REQUEST IT WOULD BE APPROPRIATE TO
ACCEPT PROFFERED CONDITION 20, AS MODIFIED ~ AND NOTED'-'AS
RECOMMENDED BY "STAFF"~) ' '
(STAFF/CPC) 20.
(STAFF)
20.
At theoption of the TranSportation Departmem, which option shall
be exercised in writing no earlier.than 'the reCOrdation .of.a
subdivision plat and no later than:-the issuance of a building permit,
the applicant, subdivider,' or assignee(S) shall comply with' the
obligations' of proffer no. 2.B and, also, shall either: (i) pay to the
CoUnty of Chesterfield the: sum of $880,000' for transportatiOn
improvements describe below or-(ii)provide the CoUnty with a
bond or surety, in a form acceptable to the County Attorney, in.the
amount of $880,000 that shall proVide for payment of the $880,000
to the 'County within-thirty (30)days of written request by the
Transportation Department. In eitherevent, the $880,000 payment
shall be used by .the County for the construction of Genito ~Road
improvements within Traffic Shed No. 6. (T and B&M)
At-the option of the Transportation Department, which option shall
be .exercised in writing no earlier than the recordation of a
subdivision plat andno later :-than the issuance of a building permit,
the..aPPlieant, subdivider, - or assignee(s) Shall comply with the
obligatiOns .of proffer no. 2:B':andi als°, ~hall either: (i) pay to the
Cou~ity of Chesterfield.the'; st~..-°f'$763,000 'for t~tr~SPormti°n
improvements describe beloW or(ii)prOvide the County with a
bohd 'or'surety, in a form acceptable to ~he County Attorney, inthe
amoUnt of $763,000 .that shall' ProVide for payment of the $763,000
to :the CoUnty .within ~ (30) ~days of. written request, by the
Transportation.Department. -In. either event,: the $763,000 payment
shall be. used by the. County for:the construction of Genito Road '
improvements within Traffic ShedNo, 6. (T)
GENERAL INFORMATION.'
Locatiom
South of Genito Road, West of MOUnt Hermon Road. Tax IDs 699-690-5223, 700-688-
4363 and 701-689-Part of 111'9 (Sheet 8).
Existing zoning:
Agricultural (A)
Size:
138.7 acres
11 04SN0205-JULY28,BOS
Existing Land Use:
Single family residential and vacant
Adiacent Zoning and Land Use:
North and West - A; Single family residential or vacant
South and East- A; Public/semi-public (Homer Park), single family residential or vacant
UTILITIES
Public Water System:
A sixteen (16) inch water line extends along the north side of Genito Road and terminates
700 feet west of Weatherbury Place, approximately 10,000 -feet east- of the request site.
Use of the public water system is intended and has been prOffered. (Proffered ~°nditi°n
l)
Public Wastewater System:
A twenty-four (24) inch wastewater tnmk~line .extends alOng a portion of Otterdale
Branch and terminates adjacent to the western boundary of SUmmer Lake Subdivision,
Section 1, approximately 10,000 feet east of this Site. Use of the public wastewater
system is intended and has been proffered. (Proffered.Condition 1)
ENVIRONMENTAL
Drainage and Erosion:
The property drains south to Otterdale Branch to SWift.Creek Reservoir. There are
currently no on- or off-site: draimge and erosion problems, with nOne anticipated after
develOpment. The prope~:is p~ally W°odedand should n0t be timberedwrithout first
obtaining a land disturbance .permit fr°m the Environmental Engineering Department
(Proffered Condition 8). 'This.will insure adequate erosion control measures are in place
prior to any timbering.
Water Quality_:
This portion of Otterdale BranCh is a perennial Stream and is therefore is subject to a one
hundred (100) foot conservation area in which there are very limited uses~
The property must participate in the regional BMP;pmgram. A regional .BMP-is
proposed within Homer' park thrOugh which, the entire Property will drain prior to
entering Swift Creek Reservoir;~_ Another .regional BMP is'located on'the southwest
comer of the property through, which a- small portion of this property will drain.
Proffered Condition l g requires-temporary sediment basins, remain in place .and/or new
BMP's constructed to :achieve the 0.22 .phosphorus :standard until the downstream
regional BMP into which-the development Wl'll drain-has been constructed.
12 04SN0205,JULY28-BOS
Staff recommends that the larger pond in the middle of the .property remain: Proffered
Condition 15 provides that the two (2) southern most existing ponds shall be retained.
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 Services calls are expected to
increase forty-five (45)percent by 2015. Seven (7) new fire/rescue stations are
recommended for construction by 2015 in the Plan. Based on 215 dwelling units, this
request will generate approximately 39 calls for fire and .emergency medical services
each year.
The Swift Creek Fire Station, Company Number 16', currently provides fire protection
and emergency medical service. The applicant has addressed the impacts of. this
development on these facilities in accordance with the Board-of Supervisors' Policy.
(Proffered Condition 2)'
When 'the property is developed, the number of_hydrants, quantity of water needed for
fire protection, and access requirements will be evaluated during.the plans review
process.
Schools:
Approximately 114 students will be generated by this.development. This.site lies in'the
Grange Hall Elementary School attendance zone: capacity - 828, enrollment - 628; 'Swift
Creek Middle School zone: capacity - 1,027, enrollment-, 1,456;- and Clover Hill High
School zone: capacity: 1,582, enrOllment - 2,006.
This request will have an impact on the middle and high: schools involved. There are
currently ten (10) trailers at Swift Creek Middle and seventeen (! 7) trailers at-Clover Hill
High:
One(l) new high school is pr°posed that will provide relief for Clover Hill and
Manchester High Schools. The applicant has agreed to partieipate.:.in the cost of
providing for area school needs in accordance with' the Board-of Supervisors~ Policy.
(Proffered Condition 2)
Libraries:
COnsistent with Board of Supervisors'i Policy, the impact of development On library
services is assessed Countywide. 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 b%n made since the Plan was published are taken
13 04SN0205-JULY28~BOS
into account, there is still an unmet need for additional library space throughout the
County.
Development in this area would most likely impact the eXisting Midlothian or Clover Hill
Libraries. Continued development in this area will more likely impact-a proposed new
facility in the Genito-Powhite area. The Public Facilities 'Plan indicates a need for
additional library space in this area of the County. The applicant has offered measures to
assist in addressing the impact of this' development on library facilities in accordance
with the Board of Supervisors' Policy: (Proffered Condition 2).
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 Par-ks anti'makes suggestions for their locations and identifies the
unmet demand for greenwayS.. This development will have an impact on parks and
recreation facilities. The applicant has' offered measures to assist in addressing the
impact of this proposed development on these facilities in accordance with the Board of
Supervisors' Policy. (Proffered Condition 2)
The Upper Swift Creek Plan suggests 'that Corridors along the perennial tributaries of
Swift Creek Reservoir should be preserved to-maintain natural vegetation, wildlife
habitats, natural drainage patterns and the water qualitY of the reserVoir, while also
Permitting passive recreation for residents or employees in adjOining'deVelopments.
Therefore, the Plan recommends .the provision of conservation:-passive-recreation areas
alOng Otterdale Branch. Proffered Condition 17 requires the deVeloper to construct a trail
along Otterdale Branch.
Transportation:
The property (139 acres) is currently zoned Agricultural (A). Theapplicantis requesting
rezoning to Residential (R-12) and has proffered a 'maximum density, of 215 units
(Proffered Condition 4). Based on Single,family trip rat~S,:development cOuld generate
approximately 2,100 average dally?trips. These vehicles will initially be.distributed along
Genito Road, which had a 2003. traffic count of 4;483 vehicles Per. day.
The Thoroughfare Plan. identifies Genito 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 on Genito Road, measured frOm the centerline, in accordance
with.that Plan. (Proffered Condition 10)
Access to major arterials, such as Genito Road, should be controlled. 'The applicant has
proffered to limit direct access to Genito Road.to'two (2) public rOads(proffered
Condition 9). These accesses should be located towards ~the. eastern and western property
lines, approximately one thousand.(1000)feet apart.-
14 04SN0205-JULY28,BOS
The traffic impact of this development must be addressed. The applicant has proffered to:
1) construct additional pavement -along Genit0 Road at each approved access to'provide
left and fight mm lanes based on TransPOrtation DePartment standards; 2) iinprOVe
Genito Road along the property frontage to provide an eleven (11) foot wide travel.lane,a
one (1) foot paved shoulder and a seven (7) foot unpaved Shoulder; and 3) provide a f-fill
width overlay of Genito Road along the property frOntage (Proffered' Condition 11).
Based on Transportation Department standards, both right and left turn. lanes are:
warranted at each access.
Constructing the turn lanes along GenitO Road may require the developer to acquire some
"off-site" fight-of-way.' According to Proffered Condition 11, if the developer is unable
to acquire the off-site right-of-way for the turn lanes along Genito Road, the developer
may request the county to acquire the right-of-way as a public road improvement. All
costs associated with the acquisition will. be borne by; the developer. If the county
chooses not to assist with the fight-of-way acquisition, the developer.will not be obligated
to acquire the "off-site" right-of, way. and will only be obligated to construct road
improvements within available right-of-way.
The Subdivision Ordinance requires that subdivision streets conform to the Planning
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._ In accordance with'the
Stub Road Policy, residential collector streets may be :reqUired'.through parts, of the
property; especially those streets that will serve' future, develOpment, on adjacent
propertieS. Specific recommendations regarding-the need for these residential collector
streets will be addressed at time of tentative subdivision review.
Most area roads in this part of the county have little or no-Shoulders, fixed 'objects
adjacent to the edge of pavement, and poor vertical and horizontal alignments. The roads
need to be improved to address safety-and accommodate the increase in traffic generated
by this development. 'Genito Road will be directly impacted by development of this
property. Sections of this road have approximately tWenty.(20)feet of pavement'with, no
shOulders. Genito Road can accommodate (Level'of Service C) the volume of traffic it
currentlycarries. As deVelopment continues in this part of the county, traffic volumes on
area roads will substantially increase. The' applicant has prOffered to contribute . cash, . in
an amount consistent with theBoard of Supervisors-. pOlicy, towards mitigating the
traffe impact of this development (Proffered Condition 2)~ '. According to Proffered
Conditions, at the option of the-TransPortation Department, the applicant will pay a
reduced cash proffer amount for each dwelling unit and provide Payment to the County lin
the amount of $763,000 for the construction of Genlto Road improvements within Traffic
Shed 6-(Proffered Conditions 2,20). Cash proffers alone will not cover the cost of. the
improvements needed to accommodate the traffic increases. 'There are no public rOad
improvements for this area currently included in the Six-Year Improvement Plan.
At time of tentative subdivision review, .speCific recommendations will .be provided
regarding access locations, stub roads to adjacent properties, and' the proposed internal
street network.
15 04SN0205-JULY28-BOS
Financial Impact on Capital Facilities:
. ' PER UNIT
Potential Number of New Dwelling Units. 215' ' 1.00
Population IncreaSe. . 584-80: . 2.72
Number of NeTM Students ' '
Elementary ' 51.60 0.24
Middle 27.95 0.13
High 36.55 - 0.17
TOTAL . 116.10 0.54'
Net Cost for. SChools . ' ' 1,042,105 . 4,847
Net Cost forParks 148,995 '. 693
Net Cost for Libraries . : 80,625 375
Net Cost for Fire Stations ' '
· .86,215 ' ' 401
Average Net Cost for Roads ' ' .. 883,435 ." 4,109
TOTAL NET COST 2,241,375 ! .... 10,425
BaSed on a proffered maxtmum number of units. (Proffered Condition 4)
As noted, this proposed development will have an impact on capital facilities. Staff has
calculated the fiscal impact of every new dWelling unit .on schools, ..roads,. parks, libraries, and
fire stations at $10,425 per unit. The. applicant haS been advised that a maximum proffer of-
$9,000 per unit would defraY the cOst of the capital facilities necessitated by this proposed
development.
The applicant haS offered caSh to aSsist :in defraying the cOst 'of this proposed zoning on such
capital facilities (Proffered Condition 2). The caSh proffer prOvides for.the option to accept a
lump sum payment for the transportation impact in lieu of a per dwelling unit'caSh payment
.while still adequately addressing the impact' of this development on the schools, parks, libraries,
and fire station facilities. Under either option, the proffer adequately addresses the impact of this
development on capital facilities consistent with the Board of Supervisors policy.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the-Upper Swift Creek Plan Which suggests the property is
appropriate for residential use of 2.0 dwelling.units per acre or less. Staff haS begun the
process of amending the Upper Swift Creek Plan. Given the pending amendment, the
Board of SUpervisors haS indicated its intent to defer final action on residential caSes filed
after February 11, 2004, which-are located within the area of the UpPer Swift Creek Plan
16 04SN0205-JULY28-BOS
for a period of up to one (1) year. Such deferral would allow the Board time to review
recommendations or Changes to the Plan and evaluate new zoning proposals accordingly.
This application was filed on January 12, 2004, on 115 acres. The case was amended on
March 19, 2004, to increase the acreage proposed for rezoning to a total of 13&7 acres.
Area Development Trends:
Area properties are zoned Agricultural (A) and are occupied by public/semirpublic USes
(Homer Park), single family residential dwellings on larger acreage parcels or are vacant.
Residential development at 'densities consistent.with the Planis expected to continue. :in
this area.
Site Development:
Proffered Condition 4 limits the total number of dwelling units allowed on the property to
215 dwelling units, yielding a density.of aPproximately 1.55 dwelling units per acre.
Proffered Condition 19 requires all lots 'have a minimum lot area of 15,000.square .feet,
except that lots adjacent to Genito Road and any lot adjacent .to the western property
boundary.will have a. minimum lot area of 25,000 square feet.
House Size and Architectural Treatment:
Proffered conditions address minimum house size, foundation treatmem and garage, door
orientation. (Proffered Conditions '5, 6 and 7)
Phasing:
In response to concerns of the Matoaca District C°mmissi°ner_relatiVe to the impact of
the development on area roads and schools,: a profferedeonditiOn requires phasing of the
development. Ultimate build Out will.not:occur.until January 1', 2008, or later. (Proffered
Condition 16)
Buffers:
Proffered Condition 3 requires that a 100 foot buffer-be 'maintained along Genito Road.
To preserve the integrity of this buffer, the proffered conditi°n requires 'this-area be
located within recorded open space; 'thereby becoming the responsibility of the
homeowners.' association.-(Proffered' ConditiOn 3) _ -..~
Restrictive Covenants:
Proffered Condition 14 provides that restrictive covenants shall be recorded for the
developmem. 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. (ProfferedCondition 1'4)
17 04SN0205-JULY28,BOS
CONCLUSIONS
The proposed zoning and land use Complies with the Upper Swift. Creek Plan which suggests the
property is appropriate for residential development of '2.0 dwelling' units per acre or less
(Proffered Condition 4). In addition, aproffered'Condition establishes a conservation: passive
recreation area along Otterdale Creek as ~ecommended bythe pian~ (prOffered COndition: 17) ·
The proffered conditions adequately address'the impact ofthisdevelopment on necessary capital
facilities, as outlined in the Zoning Ordinance and the ComprehenSive Plan, in accordance-~,vith
the Board of S pervlsors Pohcy.~ The need for ~schools, Parks, libraries, fire stations and
transportation facilities is identified in. the County, s adOpte~t imblic .
Facilities Plan~ the capital
Improvement Program and the ThoroUghfare Plan. and the:impact of this development':is
discussed herein. _The proffered:condition~ adequately mitigate theimpact on capital.f~ilifies.in
accordance with the Board of SupervisorS' Policy: and thereby enSure that adequdte service 1evels
are maintained as necessary to protect the:health, safety and:welfare of County citizens. ~-' -
Given these Considerations, approval of this request is recommended. ~
CASE HISTORY
Planning Commission Meeting (5/18/04):
The applicant did not accept the recommendation,.providing:thatthe alternative payment
schedule for the cash proffer, was made at.the reqUest: of'the MatoaCa. DisffiCt
Commissioner.
There was opposition present.. Citizens eXPressed .concerns relatiVe to increased traffic
on emstmg roads, over-crowded schools, potential--environmental'~ impacts, PI~
recommendations to c°ntrolgro~ and rural character of area. One (1)'persOn spoke in
support-of the request.
Mr. Bass stated he disagreeS-with staff'and finds'the request does not comply with the
phasing recommendation °fthelplan. as:he, interPrets it. '~.Hebelieves the. de~ei°pment.lis
.~nftremature since the current Plan.lis being: reVise&- He added that there isa lack of
astmeture in the area toSuPp°'rt the deVeloPment.and heis cOncerned with.inadeqUate
road conditions and schOols i~aets; .
Mr. Gulley agreed that the request..does not comply with the Plan and that the CoUnty
needs to manage growth in this .area. He stated that roads.are dangerous .and fire and
EMS response times are .not aCCeptable;: He statedYthat: he-cOuld not Support the' case
based on health and safety issues.-
A motion of Mr. Bass, seconded by Mr. Gulley, to denythe request did.notch. ' There
was'no alternate motion, therefOre` the casewas defer~edto the CommisSion s iJune 15,
2004, public hearing.
-' 18 04SN0205.JULY28_BOS
AYES: Messrs. Bass and Gulley.
NAYS: Messrs. Litton and Wilson.
ABSENT: Mr. Gecker.
Staff (5/19/04):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than May 24, '2004, for consideration at the Commission's
June 15, 2004, public hearing.
Applicant (5/24/04):
The applicant submitted a revision to Proffered COndition 14 relative to antennas.
Applicant (6/15/04):
The applicant submitted revisions - to Proffered Conditions 3 and 4 increasing the buffer
along Genito Road and reducing the permitted number of lots.' In addition, at the request
of the County Attorney's Office, the applicant revised Proffered Condition 2' and
submitted an additional proffered condition to address the impact of the development on
capital facilities. (Proffered Conditions 2 and 20.)
Planning Commission Meeting (6/15/04):
The applicant accepted the recommendation. There was opposition present. Citizens
expressed concerns relative to increased traffic on existing roads, emergency service
response times, school overcrowding, environmental impacts,, a need to control growth
and rural character of the area. One (t) person spoke in supportof the request.
Mr. Bass stated the propOsed development does not comply with the Plan and is
premature. He stated he is concerned there is a lack of infrastructure to support' the
development and that area roads and schools are inadequate.
Mr. Gulley stated the request Should be denied .because of health, safety and welfare
concerns citing poor road conditions and inadequate emergency response times.
Mr. Wilson and Mr. Litton provided the request does comply with the Plan and the cash
proffer provided addresses the impact on capital facilities.
Mr. Gecker stated the case is _consistent with the policies established by Board of
Supervisors and the Commission must act in accordance with those policies. He added
19 04SN0205-JULY28-BOS
that new homes are going to be. built and he felt it was better for them to be .constructed
where cash proffer can be selected to assiSt with capital facilities.
A motion of Mr. Bass, seconded by Mr. Gulley, to deny the request, did not carry.
AYES:
NAYS:
Messrs. Bass and Gulley.
Messrs. Gecker, Litton and Wilson.
On motion of Mr. Wilson, seconded by Mr. Litton, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 through 11.
AYES: Messrs. Gecker, Litton, and Wilson.
.NAYS: Messrs. Bass andGulley.
Applicant (7/19/04):
The applicant submitted'revisions to Proffered Conditions.4 and 20 to reduce the number
of lots permitted within the development andan additional proffered condition to increaSe
the minimum lot area for tots adjacent to Genito Road and along the western property
bOundary. (Proffered Condition 21).
Applicant (7/21/04:
The applicant withdrew Proffered Condition 21.and revised proffered Condition 19 to
increase the minimum lot area for lots adjacent to Genito Road- and. along the .western
property boundary.
The Board of Supervisors, on.WednesdaY, July 28, 2004, beginning at 7:00 p.m., will takeunder
consideration this request.
20 04SN0205-JULY28-BOS
,/
I
!
I
I
I
%
%
tM. HER/14ON
I
I
I
I
I
!
!
I
I
%
I
I
I
I
I
.,,
· ,, /
Z