04SN0266-July28.pdfJuly- 211, '2004 BS
STAFF'S
REQUEST ANALYSIS
RECOMMENDATION
04SN0266
Skinquarter Investments, LLC
Bermuda Magisterial District
Marguerite Christian Elementary, Carver Middle and
Thomas Dale High School Attendance Zones-
South line' of Southcreek Drive
REQUESTi Rezoning from Agricultural (A) to Residential (R~12).
PROPOSED LAND USE:
A single family-residential subdiVision having a maximum density of 1.5 'dwelling
units per acre is planned'Yielding approximatelythirty-three' (33) lots:
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE-PROFFERED CONDITIONS ON
PAGES 2 THROUGH 10.
STAFFRECOMMENDATION ·
Recommend approval for the following reasons:
Bo
The proposed residential zoning and land use conform to the Consolidated Eastern
Area Plan which suggests that property, is appropriate fOr low density .residemial
development of 1:5 units per acre or'less.
The proposed zoning and land use are representative' Of existing and anticipated
area development.
Providing a FIRST CHOICE Commullity Through EXcellence in Public Service.
Co
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 Thoroughfare Plan and the Capital
Improvement Program, and the impact' of this development is discussed herein.
The proffered conditions adequately mitigate the impact on capital facilities,
thereby insuring adequate_serve levels are maintained ~and protecting the health,
safety and welfare of County citizens.
(NOTE: THE ONLY CONDrnON THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTy OWNER(S)MAY PROFFER'OTHER CONDITIONS. THE CONDITIONS
NOTED WITH "STAFF/CPC, WERE AGREED .UPON .BY BOTH STAFF AND THE
COMMISSION. CONDITIONS WITH.ONLY A "STAFF" ARE RECOMMENDED SOLELY
BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE' ADDITIONAL CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC)
1. Public water and wastewater systems shall be used. (U)
(STAFF/CPC) 2.
The applicant, subdivider, or.assignee(s)-shall, pay the following for
dwelling units developed to the County.of Chesterfield priOr to the
issuance of building permit for infrastructure improvements within
the service district for the propertyz.
a. $9000.00 per dwelling, unit, if paid prior to July 1, 2004: or
bo
The amount approved bythe Board of Supervisors not 'to
exceed $9000.00 per dwelling unit adjusted upward by. anY
increase in the Marshall and Swift Building Cost .Index
between July 1, 2003 and July 1 of the fiscal year in which
'the.payment is made after June 30, 2004.
In the event the cash proffer is not used for the pUrPoSe for
which proffered within. 15 Years of receipt, the cash shall
be retttmed in full to the paYer. (B &M)
(STAFF/CPC) 3.
Except for the timbering approved'by the. . Virginia State
Department of Forestry for the propose of removing dead or
diseased trees, there: shall be no. timbering on the property unfila
land disturbance permit-has been .obtained from the EnVironmental
Engineering Department and approved devices have been installed.
(EE)
2 04SN0266~JULY28-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
o
Minimum Lot Size. Each lot shall have a minimum area of 18,000
square feet. (P)
Average Lot Size. The oVerall average lot size shall be a minimum
of 22,000 square feet. (P)
Density. A maximum of 1.5 dwelling .units per acre 'shall be
permitted. (P)
Communication with Southereek Homeowners Association. The
Owner shall be responsible for notification, by registered, certified
or first elass mail, to the last known representative on file with the
Chesterfield County Planning Department of the Southereek
Homeowners Association of the-submission of any tentative
subdivision plan. Such notification shall occur as soon as
practical, but in no event less than twenty-one (21)' days priorto
approval or disapproval of any tentative subdivision plan. The
Owner shall provide the Planning Department with evidence that
Such notice Was sent. (P)
Covenants, ConditiOns-and Restrictions. 'At a minimum, the
following restrictive covenants shall be recorded p ior to or in
conjunction with the recordation of any subdivision .plat of the
Property:
No lots shall be used except for single-family 'residential
purposes. No building shall be erected, altered, placed Or
permitted to remain 'on .any lot other than one detached
single-familY dwelling not:to exceed three stories in height
and one private garage for nOt more than:two ears.
'Only one residence shall be erected or placed on a single
lot, and no lot shall after its original COnveyance,. be
sUbdivided into smaller lots or parcels. No structure of a
temporary character, trailer, mobile home, basement,_ tent,
shack, garage, barn or other-outbuilding shall be used_on
any-lot atany time as a residence either temporari!y or
permanently. Eighteen wheel tractor trailers are prohibited
from being:parked on or maintained onany lot atanytime.
o
No nuisance, obnoxious, or, offensive.activities shall be
permitted to exist or operate upon any portion of any
property so as to be detrimental .to or interfere with any
other property in the vicinity there or to its occupants.
3 04SN0266-JULY28-BOS
o
No lot shall be used or maintained as a dumping.ground for
rubbish, trash, garbage or-other waste. Nor shall-any, of the
above be kept on any lot exCept in sanitary containers, in
the rear yards only.
No a~imals, livestock, hogs,: pigs or poultry of anY kind,
shall be raised, bred, or kept :on_any lot except that dogs,
cats, or other household pets'may be kept therein if they are
not kept, bred or maintained for any commercial, purpose,
and in accordance with the applicable ordinances. For the
purpose herein pigs and/or hogs, including, but not limited
to "pot belly" pigs are not household pets.
No sign of any kind shall be displayed to the public view on
any lot except one sign of not more than five .square feet
advertising' the property for sale or rent, unless approved by
the Architectural Contro! Committee in writing.
An Architectural Control: Committee (herein' called
"Committee') originally composed of three (3) members
is hereby established. Any two members .of. the
Committee may act. on behalf of the Committee without
holding a meeting of'the full Committee or giving notice.:
to the other, members. The members of the Committee
shall receive no compensatiOn for acting hereunder.
No improvement shall be erected, placed or altered on'any
lot until the construction Plan thereof, and'a plan showing
the 'lOcation of the said-improvement shall have been
submitted to and approved-bY the. Architectural Control
Committee. No construction ~on said improvements shall
commence until the said plans and 'location .of .said
improvements shall 'have-been. approved bY. the Committee
in writing. The Committee reserves the right to .request
such information and data as may-be necessary to .make said
determination. Prior-tO'the commencement, of any
improvements, written approval may be withdrawn at any
time by the COmmittee'~by giving, written notice to" said
party of its withdraWal of said approval. The Committee
approval as required above shal} be in writing-and, in the
absence of Such written approval, construction plans.and
location plans'shall be considered as disapproved~' The
building locatiOn an all lots shall be within, the applicable
County zoning ordinance, and at the discretion of the said
Committee.
4 04SN0266-JULY28-BOS
10.
11.
There shall be no clearing or other disturbances of the'area
within the 100 year flood plan except utility and drainage
easements. The flood plan and creek areas shall otherwise
remain in their present.natural' state.
The foundation of all single, family residences on any: lot
shallbe constructed ofbrick only on all front exterior walls,
unless otherwise approved by the Committee. No exposed
cinder of concrete block exterior walls or foundations shall
be erected. All single family residences must have some
exterior'appurtenance on either the front or side elevations,
such as covered stoops, covered porches or decks: These
'exterior appurtenances must be a minimum of 40 square
feet. All one and one-half story cape style Single family
residences shall have atteast one dormer window.
All single family, residence shall cOnform to a Colonial,
Traditional, or Transitional architectural style. No
aluminum siding will be used,_ with the exception of
aluminum trim. The roof pitch on all single,family
residences, except for-covered porches shall have'a
minimum of six inches of rise' for every foot. Dimensional
shingles shall be USed on all residences.
All single'family residences shall have 'the follOwing
minimum square footage:
The floor area of a single' story, ranch style single
family residence shall not be less than 1,600 square
feet. '
12.
The floor area of any one and one half story, cape
cod-style residence shall not be less than 1,700
square feet.
c) The floor area of any two-story residence shall not
be less than 1,800 square feet.
d) Attached porches, covered stoops, breezeways, and
· garages shall not be-included in computing
minimum square-footage.
No ranch single family residence shall be built on a lot
adjacent to anOther single family ranch style residence.
5 04SN0266,JULY28-BOS
14.
15.
16. ~
The' exteriOr of ail honseS and. other structures must .be
completed Within one year after, the-conStruction:of same
shall have commenced, except where such completion is
impossible or wouldresult in great hardship.to the oWner 'or
builder due to.. strikes, fires~ national:emergency.Or natural
caiamities. Honses may not be iemporarily or.permanently
occupied until the exteriors:' thereof, have been .completed
unless permitted bY prior written apprOvai'. of. the
Architecturai Control. ' Committee .' and evidence.that a
Certificate of Occupancy :has been issued by. Chesterfield
County. During the continuance of constructiOn the oWner
of the lot shall require theeontmctor to .maintain. the lOt ina
reasonably clean and uncluttered condition. ·
Only mailboxes, newspaper..tubes; lamp posts,-., and
driveway materiais meeting, the .deSign standardOf.tlie
Architecturai.. Control. Committee shail~be-permitted.' The
Declarant reserves the right.,lo establish. ,mandatorY uniform.
regulations'- to govern .the'erection and/or aiteration of same
in the subdivisiom SUCh ~ uniform regUlations:will-be
administered through the Architecturai c~ntrol Committ(~.;
Except as otherWise pr. ovided-, by applicable law and
unless ' approved by. the ~.ArChiteCtural Contr01.:Committee,
no anten;ia,· aeriai or .deVice:..of.any -kind.~ USed for the
purpose of. transmitting, or receiving, radio, television~
nncrowave, or satellite signals shall-be placed or..erected
on any lot Or on the exterior of.-any residence or any other
building or structure thereom .
No fence shall-be permitted between the single, family
residence and-the street line(frOnt yard). Split rail fences
or other, wooden fences maybe built between the rear .of the
house and the rear lot line:(rearYard). The split, ra~'fences
may be backed with apProved,, wire: to provide animal
retention. 'There shall be no other metal-or chain.link
fences permitted.
17.
18.
Clothes lines .or other-clOthes drying apparatns shail be
screened from public view in:a manner apprOved, by the
Architecturai-Control Committee.
Where poSsible-and conditions permit, there will be no strip
Clearing of all trees from ..~Y'lot: Anyone-eree~g
6
04SN0266-JULY28,BOS
19.
20.
21:
22.
23.
improvements on the said-lots must strive to leave natural
tree buffer on both the rear and sides of all lots. However,
brush and scrub trees under:six inches in diameter may be
removed from all lots if So desired.
Utility storage sheds or tool sheds shall, have an exterior'
texture and color that matches the exterior texture andcolor
of'the residence on said lot~and must be placed between
rear line of the residence and the rear .lot line.-
Easements for. installation :'and maintenance of utilities and
drainage are reserved as shown on' saidsubdiVision plat.
The' .Declarant, while~ it may during the Course of the
development of the Property subject or to. be' subjected _to
the covenants, conditions and-restrictions herein set'forth,
may undertake, to maintain certain: areas within the rights Of
way and/or easements within said development. Said
cOnduct on the part of the DeClarant shall not be ·deemed to
impose any Continuing liability on. the Declarant to.do so
and-the' Declarant reserves to themselves at all times the
right to discominue any such maintenance.
Prior to the rights 'ofway' easements and roads 'being
accepted bythe Virginia Department of Transportation, and
the County of Chesterfield road'systems, no" alterationS,
additions or improvements:shall be-made within the fights
of way and/or easements-including, but not limited to
driveway culvert areas, ditches and where_ driveways tie
into the roadways. At:such ~time the fights of way,
easements and roadWays are ~in the Virginia.Department.Of
Transportation and 'Chesterfield County: systems all
necessary'permits andappr°Vals must be obtained from any
and. all required government departments and/or agencies
andthe Committee.
Areas designated as Common Areas, Private Drainage
Easement, and/or BMP facility on the. are real property.
owned-' by skinquarter Inveitments LLc:, a Limited
Liability Company or the Southcreek Homeowners
Association for-the'- use and:-enjoyment of the lot owners ~of
Southcreek Subdivision. Ownership of the cOmmon Area.
. shall be conveyed to Southcreek Homeowners Association
bY adeed from Declarant.
04SN0266,JULY28-BOS
Every lot owner shall have-, the-right and easement of
enjoyment in and to the Common Area which shall be
appurtenant to and shall pass with the title to every lot.
Declarant, for each lot owned in' Southcreek, hereby
declares and' covenants that every~ homeowner upon
accepting a deed to a lot will automatically, become a
member to the Southcreek Homeowners Association (The
"Association"). Furthermore, by acceptance of said deed,
whether or not it shall' be so recited in each deed, each
homeowner is deemed to covenant and agrees to pay annual
assessments to 'the-AssOciation...The assessments levied by
the .Association shall-be used exclUSively 'for the
improvement and maintenance of the' Common Area, right
of ways, easements and for. the maintenance of the' BMP
facility per the BMP Facility Agreements' recorded with the
Clerk of the Circuit Court,/ Chesterfield County in Deed.
Book 2965, Page 608, Deed lBook2965 Page 614, Deed
Book 2306, Pages 1.532 through !.536 andany future BMP
Facilities in Southcreek. Nothing Contained herein' shall
create a duty on the part of Declarant to: make any such
improvements. The Association shal1 payany real estate
taxes and other charges' assessed against the Common Area~
The. maximum annual .assessmem shall be (a) Beginning
October 1, 1993 the maximum annual assessment: shall be
$120200 per lot on which.'there exists completed
improvements as'determined by the issuance by the.
appropriate governmental authOrity of a Certificate of
Occupancy; (b) From and after January. 1, 1994 'the'
maximum annual assessment may be- increased each year
not more than. ten percent (10%) above-the maximum
assessment for the .previoUS year without a vote of the
membership of the Association of fifteen percent (15%) of
the Association-members, voting in person or-by the proxy,
at .a meeting called for'such pUrpose}-(e) The. Board-of
DireCtors of.the AssoCiatiOn mayflx.theannUalassessment
at any mount not in exe~ess ofthemaximum.
The :annual assessments, together with the cost of cOllecting
delinquent assessment sUch as'interest, 'court costs and
reasonable attorney fees shall be'a chargeon the landand
will be a continuing: lien upon the real estate (lot.) against
8 04SN0266-JULY28-BOS
24.
25.
26.
which such assessment is made.. Each such assessment,
together with interest, costs and reasonable attorney' s'fees,
shall be the personal obligation of the .person who was the
owner of such lot when. the assessment became due. Any
assessmem, not paid within 'thirty. (30) days' after the due
date shall' bear interest at the rate of ten percent (10%).. The
Association may bring an action at law against the Iot
and/or the owner(s) thereof. The Board of Directors of the
Association shall fix the amount of the annual assessment
against each lot at least thirty 00) days in'advance of each
annual assessment period and so notify in writing each lot
owner of such. The due ~date shall be established by the
Board of Directors' of the Association. The Association
shall upon request, and-for a reasonable charge, furnisha
certificate signed by an officer of the Association setting
forth whether or not the assessments on a specified lot have
been paid.
Any assessments, charges and cost of the maintenance of
sUch Common Area shall constitute a lien on the individual
lots inferior, in lien and dignity Only to real estate taxes and
bona fide duly recorded, first deeds of trust' on each lot.
Sale or transfer' of any lot shall not affect the assessment
lien, ~however the sale or. transfer of any lot pUrsuant to a
first deed of trust-foreclosUre or any proceeding in lieu
thereof, shall extingUish the lien of such assessments as to
payments which became due prior, to such sale or-transfer.
No sale or transfer shall-relieve such lot for any assessment
thereafter becoming due or from thetien thereof.
Each and every covenant, condition and easement herein
imposed may be enforced by the undersigned or by the
owner of any_lot by appropriate proceedings at. law or:in
equity against any party violating or attempting or
threatening to violate'the same.
Invalidation .of any one of these covenants or conditions by
jud~t~nent or court adjudication or otherwise shall, in no way
modify, affect, or invalidate any. of' the other remaining
covenants and conditions he'rein contained which shall
remain in full force and effect.
Declarant and Successor or assigns herebY expressly reserve
the fight to release' or modify 'in part any of thc restrictive
covenants or conditions contained herein.
9 04SN0266~JULY28-BOS
27.
The covenants and conditions herein contained, unless
expressly released or modified, shall run with the land and
shall, be binding upon the owner or owners of each and
every lot, and all parties claiming through or under each
such owner or owners for aPeriod of 25 years from the date
of .the recordation hereof, after which period such
covenants and-conditions Shall be automatically extended
for successive periods of ten years each, unless prior to the
expiration of said period, an immanent executed and
acknowledged by the then owners of the majority of all the
lots be recorded in the appropriate Clerk's Office revoking
· the said covenants and 'conditions, at which time the
covenants and. conditions shall cease and ~have .no further
effect at the end of the applicable extension period. (P)
GENERAL INFORMATION
Location:
South line. of Southcreek 'Drive, south of Jumping Mallard Place and Broadbill DriVe.
Tax ID 805-640-2659 (Sheet 35).
Existing Zoning:
A
Size:
22.5 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land use:
North. R-12; Single family residential
SOuth.- A and I- 1; Vacant
East and West - A; Single family residential or vacant
10 04SN0266-JULY28-BOS
UTILITIES
Public Water System:
An eight (8) inch water line extends along the north side. of Southcreek Drive opposite
this site. Use of the public water system isintended. (proffered Condition 1)
Public wastewater System:
A ten (10) inch wastewater mmic line extends along the north side of AShton Creek and
across the southern portion ofthis site. In addition, an eight (8) inch waStewater collector
line extends across this site to serve the Southcreek .develOpment north of Southcreek
Drive. Use of the public wastewater system is intended. '(proffered Condition 1)
ENVIRONMENTAL
Drainage and ErOsion:
The property.drains to the rear to Ashton Creek. There.are currently no on- or off-site
drainage or erosion problems withnOne anticipated after development,
The property is heavily woOded and shOuld not be timbered without 'first -obtaining a land
disturbance permit. This will ensure that adequate erosiOn COntrol measures are in place
prior to any land disturbance activity. (proffered Condition3)
Water Quality:
The rear of the property is along AshtOn Creek, a perennial stream subject to a 100 .foot
conservation area with limited uses~
PUBLIC FACILITIES
The need for fire, school, library, park .and transportation facilities-is identified in 'the..pUblic
Facilities.Plan, the-Thoroughfare Plan and capital;Improvement :Program. This .development.
will have an impact on these facilities,
Fire Service:
The Public Facilities Plan indicates that-:fire and emergency.medical service (EMS) calls
are. expected to increase forty-four (44)to.-seventy-eight' (78) percent by 2022~: Six (6)
new fire/rescue stations are recommended 'for 'construCtion 'by 2022 in the Plan; ~:In
addition to the six (6) new stations, the Pian'als° recommends the expansion of.fiVe (5)
existing stations. Based on thirty;three 0'3) dwelling:units~ this request'.will generate
approximately eight (8)calls for fire and . emergency medical . services each year..The
applicant has addressed the. impact on fire and EMS: (prOffered Condition 2)
11 -04SN0266-JULY28;BOS
The Dutch Gap Fire Station, Company Number. 14, and Bensley Bermuda 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 seventeen (17) school age.children will be generated by this development.
The site lies in the'Marguerite Christian Elementary School attendance, zone: capaCity'
721, enrollment - 963; Carver Middle School zone: capacity- 1,222, enrOllment- 1,469;
and Thomas Dale High School zone: capacity - 1,840, enrollment- 2,005.
This development will have impact on area schoolS.. 'There are currently, eleven' (11)
trailers at Marguerite Christian: Elementary and six (6) trailers at CarVer 'Middle~ The~
applicant has agreed to participate in the cost of providing for area'School need~. '
(Proffered Condition 2)
Libraries:
Consistent with Board of Supervisors' policy, the. impact of development on. library
services is assed County-wide. Based on projected population growth, the Public.
Facilities Plan identifies a need for additional library space throughout the County. ' :
Development of the property would most-likely affect either the Chester .Library.°r the
Enon Library. The Plan identifies a need for additional library' space at bOth'these
location. The applicant has Offered measures to assist in addressing the_impact- of this
development on these facilities. ~ (proffered .Condition 2) ·
Parks and-Recreation:
To date, no comments'have been received-from the Parks and Recreation Department for
this request.
Transportation:
The property (22.5 acres) is currently zoned Agricultural. (A), and is locatedjust soUth of
the SOuthcreek Subdivision. The applicant is requesting rezoning from.A to ReSidential
(R~ 1,2) and has proffered a maximum density of thirty, three (33)lots. (PrOffered COnditiOn
6). Based on single-family trip'rates, development could generate apPrOximately 320.
average.daily trips. These vehicles will initially be-distributed along Southcreek Drive !to
Woods Edge Road, which had a 2003 traffic count of 5,685 'Vehicles per.day.
The traffic impactof this development must be addresSed. Most area roads in this part of
the county have little or no Shoulders, fixed objects adjacent to the edge of pavement, and
12 04SN0266-JULY28-BOS
poor vertical and horizontal ali~tmments; As development.continues in this part of the
county, traffic volumes on area roads will substantially increase. The roads will need to
be improved to address safety and accommodate _the increase in traffic. Woods Edge
Road will be directly impacted bY development of this property. Sections of Woods Edge
Road have twenty-one (21) feet of pavement with.no shoulders. The capacity, of this road
is acceptable (Level of Service D) for the volume of traffic it currently carries. The
standard typical section for this type of roadway.should be twenty-four (24) foot 'wide
pavement, with minimum eight (8) foot wide shoulders. The applicant has proffered to
contribute cash, in an amount consistent with the Board. of Supervisors' Policy, towards
mitigating the traffic impact of this development (Proffered Condition 2). Cash proffers
alone will not cover the. cost of the road improvements needed in this area:. There are no
public road improvement projects in this area currently included in the Six-Year
Improvement Plan.
At time of tentative subdivision review, specific recommendations will be provided
regarding a stub road right-of-way to the adjacent property to the east and the proposed
internal street network.
Financial Impact on Capital Facilities:
Potential Number of New Dwelling ' 33* ' . ' 1.00
Units ' ·
Population Increase . $9.76 .. ·" 2~72
Number'ofNew StUdents · ·
-0.24
Elementary 7.92
Middle 4.29 ' 0.13
TOTAL · 17.82 0.54
Net Cost for Schools · 159,951 ' 4,847
Net Cost for Parks " 22i869 . ' 693
Net Cost for Libraries ' ' 12,375 ' ·375
Net Cost for Fire StationS 13,233 401
Average Net Cost for Roads · 135,597 ' ' 4,109
*Based on a proffered maximum of 1.5 units per acre (Proffered Condition 6): Actual.number'of
units and corresponding impact may vary.
13 04SN0266-JULY28,BOS
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.
Consistent with the Board of Supervisors' Policy, and proffers aecePtedfrom other applicants, the
applicant has offered cash to assist in defraying, the cost of this proposed zoning on sUch capital
facilities. (Proffered Condition 2)
Note that Circumstances relevant to this case, as presented by the applicant, have been reviewed
and it has been determined that it is approPriate to-accePt the maximum cash proffer in this Case..
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Consolidated Eastern Area Plan which suggests the
property is appropriate for low density residential development 'of 1.5 units per-acre or
less.
Area Development Trends:
Adjacent properties to the north are zoned Residential (R-1.2) and are developed as part of
the Southcreek Subdivision.' Properties to the east and west are'zoned Agn'cultural (A)
and are occupied by single familyresidenees or are currently vacant. Adjacent properties
to the south are zoned Agricultural~ (A) and Light IndUStrial(I-l) and are currently vacant2
It is anticipated that lOw density residential development will continue to the north, east
and west and that light industrial uses will continue to' develop' south, of the request Site,
across Ashton Creek, consistent with the recOmmendations ofthePlan.
Site Design:
The request property abuts 'Southcreek Subdivision to the north, which is zoned
Residential (R-12). Access.to the property is proposed from SouthcreelC Drive through a
portion .of the Southcreek .development;
Density:
The applicant has proffered-that no mOre than. 1.5 dwelling units .per acre may be
developed on the property, yielding, a maximum of thirty-three (33) lotS:on 22,5 acres.
(Proffered Condition 6)
Comparison of Area Lot Sizes and Den.qitie.q:
In 1988, zoning was approved for the adjacent Southcreek Subdivision deVelopment
(Case 86S008). Proffered conditions ofthis 1988 case require thatlots within Southcreek
14 04SN0266-JULY28-BOS
Subdivision contain a minimum area 'of 18,000.' square, feet. Consistent with this
requiremem, proffered conditi0ns'for the subject property require a minimum lot size' of
18,000 square feet. (Proffered Condition 4)
Access to the subject property is provided.' thrOugh Southcreek Subdivision via
Southcreek Drive, which eventually ties. into Woods Edge Road. There is' no direct
access from this property toWoods Edge. Road. In an effort to. address compatibility with
. adjacent developments through which this property:has sole access, average'lot sizes and
densities of this adjacent subdivision were evaluated.
With respect to densities, Southcreek Section 1, through, which access-to.the subject
property would pass, has a density'of 1.5 dwelling-unitsper acre and an aVerage lot size
of 22~000 square feet. The applicant has proffered a imaximum-density andaverage lOt
size consistent with that of the aforementioned.lots in S0uthcreek.Subdivision. (Proffered
Conditions 5 and 6)
Restrictive. Covenants:
Proffered Condition 8 would require recordation of restrictive cOVenants for the subject
property. - It should be noted that-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..
Notification:
In response to area residents' concerns, proffered conditions require the developerm
notify the last known representative of the SouthCreek Homeowners AsSociation on file
with the Planning Department of:' the. submission of tentative Subdivision plans.' It ':is
imperative.that the association keep the'Planning-Department current with the name and
address ofthe representative to-be notified. (Proffered Condition 7)
~ 'CONCLUSIONS
The proposed residential zoning and land use conform to the ConsolidatedE~stem AreaP1an
which suggests that property is appropriate for low density~residential;devei°pment.of i.5 t~ts
per acre-or, less and is representa~ti~re'of existing and anticipated area develoP;nent.. The density
of this proposal is 1.5 dwelling units peracre.
The proffered conditions address theimpacts of this development on necessary capital facilities,
as outlined in the zomg Ordinance and Comprehensive-plan~ -SPecifiCally, the'needS for roads,
schools, parks, libraries and fire stations is ':identified ini~e :pUbli~ FaCilities. plan:. ~
Thoroughfare Plan. and the CapitaMmpr°Vement Program,. and:the impact-of this developmentis
discussed herein.~ The proffered Conditions adeqUatelY mitigate 'the impact-on Capital. t.;acilitits,
thereby insuring adequate serve levels--are maintained and protecting: the health,, safety'and
welfare of County. citizens.
15 -04SN0266-JULY28~BOS
Given these considerations, approval of this request is recommended.
CASE HISTORY
Applicant (6/14/04):
At the request of the County AttOrney'S
Condition 8 relative to restrictive covenants.
Office, the applicant amended Proffered
Planning Commission Meeting (6/15/04):
The applicant accepted the recommendation. There was no opposition presem.
On. motion of Mr. Wilson, seconded by Mr. Gulley, the Commission recommended
approval and acceptance of the proffered Conditions on pages 2 through 10.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, July 28, 2004, beginning'at 7:00 p.m~, will take under
consideration this request.
16 04SN0266-JULY28-BOS
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