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05SN0127-Jan26.pdfJanum-y 26, 2005 BS STAFF'S REQUEST ANALYSIS AND iRECOMMENDATION 05SN0127 Fox Creek Development, inc. Matoaca Magisterial District Woolridge Elementary, Swift Creek Middle, and Clover Hilt High School Attendance Zones Offthe south, line of Woolridge Road REQUEST: Rezoning from Agricultural (A) to Residemial (R-12). THIS REQUEST LIES WITHIN THE UPPER SWIFT CREEK PLAN AREA AND WAS FILED AFTER FEBRUARY 11., 2004. (SEE COMPREHENSIVE PLAN SECTION OF THIS "REQUEST ANALYSIS") PROPOSED LAND USE: A single family residemial subdivision with a maximum of seven (7) lots is planned, yielding a density of approximately 1. t dwelling units per acre. PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL AYES: MESSRS. GECKER, BASS AND GULLEY ABSTENTION': MR. LITTON ABSENT: MR. WILSON STAFF RECOMMENDATION Recommend approval for the following reasons: The proposed zoning and land use conform to the Upper Swill Creek Plan which suggests the property is appropriate for residential use of 2.0 units per acre or tess. Providing a FIRST CHOICE commmzity through excellence in public ser-¢ice The proposed zoning and land use are representative of existing and anticipated area development. The proffered conditions address the i~npacts of this development on necessary capital ihcilities, 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 proffbred conditions adequately mitigate the impact on capital faciIities, thereby ensuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. (NOTE: THE ONLY CONDITION THAT CAN BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER MAY PROFFER OTHER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS The Owners and the Developer (the "Developer") in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the Property known as Chesterfield County Tax identification Number 714-674-1733 (the "Property") under consideration wilt be developed according to the following conditions if, and only if, the rezoning request for R- t 2 is granted. In the event the request is denied or approved with conditions not agreed to by the Developer, the proflbrs and conditions shall, immediately be null and void and of no further force or effect, tf the zoning is granted, these proffers and conditions will supersede all proffers and conditions now existing on the Property. (STAFF) 1. Density. A maximum of seven (7) lots shall be permitted. (P) (STAFF) 2. Utilities. The public water and wastewater systems shall be used, except for sales facilities and/or construction offices. (U) (STAFF) 3. Timbering. With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering until a land distm'bance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) (STAFF) 4. Foundations. The exposed surfaces of the fbundations of each dwelling shall be covered with brick or stone veneer or exterior insulation and finishing systems (EIFS) materials. (P) 2 05SN0127~JAN26=BOS (STAFF) (STAFF) (STAFF) (STAFF) (STAFF) (STAFF) 7, 10. House Size. All dwellings shall have a minimum gross floor area of 2,500 square feet. (P) Cash Proffers. For each dwelling unit developed, the applicant, subdivider, or assignee(s) shall pay $I 1,500.00 per unit to the County of Chesterfield, prior to the time of issuance of a building permit, for infrastructure improvements within the service district for the Property if paid prior to July 1, 2005. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $ t 1,500.00 per unit as adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2004 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2005. If any of the cash proffers are not expended for the purposes designated by the Capital improvement Program within fifteen (15) years fi'om the date of payment, they shall be returned in full to the payor. (B&M) Lot Size. Ail lots shall have a minimum area of 15,000 square feet. (P) Notice. The developer shall notify the last known representative of the Foxcroft Homeowners Association on file with the Planning Department of the submission of tentative subdivision plans. Such notice shall occur at least twenty-one (21) days prior to the approval of such plans. The developer shall provide the Planning Department xvith a copy of the notice. (P) Curb and Gutter. Public subdivision roads shall be constructed with. concrete curb and gutter. (P) Covenants. At a minimum, the following restrictive covenants shall be recorded for the development. Specific terms and definitions shall be set forth in the Covenants and may not be the sam.e as definitions set forth in the Chesterfield County Zoning Ordinance. Ali terms and definitions set forth in the Covenants shall control this Proffered Condition. Architectural Board. The Architectural Board shall have exclusive jurisdiction over all original construction, modifications, additions or alterations made on or to all existing improvements, and the open space, if any, appurtenant thereto on all property. It shall prepare and, on behalf of the Board of Directors, shall promulgate design and development guidelines and application and review procedures, all as part of the design and environmental standards. The standards shall incorporate ail restrictions and guidelines relating to development and construction contained in this Declaration as well as restrictions and guidelines with respect to location of structures upon property, size of structures, driveway' and parking requirements, foundations and length of structures, and landscaping requirements. Copies shall be available from the Architectural Board for review. 'Ihe guidelines and procedures shall be those of the Association, and the Architectural 3 05SNO127-JAN26-BOS Board shall have sole and full authority to prepare and to amend the standards available to Owners, builders, and developers who seek to engage in development of or construction upon property within their operations strictly in accordance therewith. The Architectural Board shall initially consist of three (3) members, all appointed by the Declarant. At such time as fifty percent (50%) of all property within subject property has been developed, improved, and conveyed to purchasers in the normal course of development and sale, the Board of Directors of the Association shall have the right to appoint a maximum of two (2) additional members. At no time shall the Architectural Board have fewer than three members nor more that five (5) members. At such time as one hundred percent (100%) of all property has been developed, improved, and conveyed to purchasers in the normal course of development and sale, the Board of Directors shall appoint all members of the Architectural Board. The declarant may, at his option, delegate to the Board of Directors its right to appoint one or more members of the Architectural Board. At all times, at lease one (t) 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, who shall also be the Chairperson. Mailboxes. Every improved lot shall be required to have a mailbox with supporting post and street light of design and installation as specified in the standards. Each iot owner shall be responsible for the maintenance and operation of the fixture, support, and mailbox. Parking. Each property o~vner 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. D. Garages. All dwellings will have side or rear loaded garages. Er Signs. No signs shall be erected or maintained on any property by anyone including, but not limited to, the owner, a realtor, a contractor, or a subcontractor, except as provided for in the standards or except as may' be required by legal proceedings. Residential property identification and like signs not exceeding a combined total of more than one (1) square foot may be erected without the ~witten permission of the Declarant or the Association. Condition of Ground. It shall be the responsibility of each property owner and tenant to prevent the development of any unclean, unsightly, or unkempt conditions of buildings or grounds on such property which shall tend to substantially decrease the beauty of the neighborhood as a whole or the specific area. 4 05SN0127-JAN26-BOS Minimum Square Footage. No plan required under these Covenants will be approved unless the proposed house or s'~mcturc has a minimum squm'e footage of enclosed dwelling space as specified in the standards. Such minimum requirement for each lot will be specified in each sales contract and stipulated in each deed. The term %nclosed dxvelling area" as used in these minimum size requirements does not include garages, terraces, decks, open porches, and the like areas. Residential Use. (i) (ii) Ali lots shall be used for residential purposes exclusively. The use of a portion of a dwelling on a lot as an office by the owner or tenants thereof shall be considered a residential use if such use does not create customer or client traffic to and from the lot. No structure, except as herein after provided, shall be erected, altered, placed, or permitted to remain on any lot other than one (1) detached single family dxvelling and one (1) accessory building which may include a detached private garage, provided the use of such accessory building does not overcrowd the site and provided further that such building is not used for any activity normally conducted as business. Such accessory building may not be constructed prior to the construction of the main building. A guest suite or tike facility without a kitchen may be included as part of the main dwelling or accessory building, but such suite may not be rented or leased except as part of the entire premises including the main dwelling and provided, however, that such suite would not result in overcrowding of the site. (iii) The provisions of this paragraph shall not prohibit the Developer from using a house as a model as provided in this Declaration. Exterior Structure Completion. The exterior of ail houses and other structures must be completed within one (1) year after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the owner or builder due to the strikes, fires, national emergency, or natural calamities. }louses and other dwelling structures may not be temporarily or permanently occupied until the exteriors thereof have been completed. During the continuance of construction the owner of the lot shall require the contractor to maintain the lot in a reasonably clean and uncluttered condition. 5 05SN0127 =.IA N26-BOS Screened Areas. Each lot owner shall provide a screened area to serwe as a se~Sce yard and an area in which garbage receptacles, ~BeI tanks or similar storage receptacles, electric and gas meters, air conditioning equipment, clotheslines, and other unsightly objects much be placed or stored in order to conceal them from view from the road and adjacent properties. Plans for such screened area delineating the size, design, texture, appearance, and location must be approved by the Architectural Board prior to construction. Garbage receptacles and fuel tanks may be located outside of such screened area only if located underground. Vehicle Storage. No mobile home, trailer, tent, barn, or other similar out-building or structure shall be placed on any lot at any time, either temporarily or permanently. Boats, boat trailers, campers, recreational vehicles, or utility trailers may be maintained on a lot, but only when in an enclosed or screened area approved by the Architectural Board such that they are not generally visible from adjacent properties~ Temporary Structures. No structure ora 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 ai'ter completion of construction, L 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. Except as otherwise provided by applicable law, no television antenna, radio receiver or sender, satellite dish, or other similar device shall be attached to or installed on the exterior portion of any building or structure or any tot 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 such a device and such permission shall not be unreasonably withheld. Further Subdivision. No lot shall be subdivided or its boundary lines changed except with the written consent of the Declarant. However, the Declarant hereby expressly reserves to itself, its successors, or assigns the right to replat any lot or lots owned by it and shown on the plat of any subdivision in order to create modified building lot or replatted tot suitable and fit as a building site including, but no limited to, the recreational facilities, and other amenities to conform to the new boundaries of said reptatted lots, provided that no lot originally shown on a recorded plat is reduced to a size smaller thm~ 6 05SN0127-JAN26-BOS (STAFF) 11. the smallest lot shown on the first plat of the subdivision section. Nothing in this paragraph shall prohibit the combining of two (2) or more contiguous lots into one (i) larger lot, only the exterior boundary lines of the resulting larger tot shall be considered in the interpretation of these covenants. Animals. Only common household pet animals shall be permitte& All pet animals must be secured by a leash or lead, or be under the control of a responsible person and obedient to that persoffs command at any time they are permitted outside a residence or other enclosed area upon a lot approved by the Architectural Board for the maintenance and confinement of pet animals. No livestock including cattle, horses, sheep, goats, pigs, or poultry shall be permitted upon any lot. After giving a lot owner written notice of complaint 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 Ali Terrain Vehicles. No motor bikes, motorcycles, or all terrain vehicles shall be driven upon the common area, lots, or roads (unless properly licensed on roads) with the exception of licensed vehicles and mopeds which shall be operated solely upon the public streets for direct ingress and egress purposes only. External Lighting. No external lighting shall be installed or utilized on any property which is of such character, intensity, or location as to interfere with the use, enjoyment, and privacy of any lot or owner in the near vicinity. No neon or flashing lights shall be permitted. All external lighting shall be approved by the Architectural Board as appropriate in size, location, color, and intensity. Swimming Pools. No swimming pool., whether in ground or above ground, whether permanent or temporary, shall be installed upon any lot without the prior written consent of the Architectural Board. The Architectural Board shall require that all swimming pools be adequately screened. Rules and Regulations. The Board of Directors is granted and shall have the power to promulgate rules and regulations, from time to time, governing the use of and activity upon the Common Area and the Recreational Facilities (if the Recreational Facilities are owned or leased by the Association). All 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. (P) Garages. All dwellings will have side or rear loaded garages. (P) 7 05SN0127-JAN26-BOS (STAFF) 12. (STAFF) (STAFF) 14. Location: Best Management Practice (BMP) Facility. The developer shall leave in place temporary sediment control devices and/or construct new' BMP's or combinations of BMP's which would achieve a maximum phosphorous runoff limit of 0.22 pounds per acre per year until Chesterfield County obtains its initial permit for the implementation of the Upper Swift Creek Watershed Plan. (EE) Open Space. A minimum of fifty (50) feet of common open space shall be maintained adjacent to Foxcroft Subdivision. Except for utilities and pedestrian?oicycle paths which run generally perpendicular through the buffer, there shall be no uses permitted in the buflkr. Except where necessary to provide the uses stated herein, any' healthy trees that are six (6) inches or greater in caliper shall be retained unless removal is approved through the subdivision process. (P) Tree Preservation. A twenty-five (25) foot tree preservation strip within the proposed lots shall be maintained along the western boundary of the common open space described in Proffered Condition 13. Utility- easements and rights-of-way shall be permitted to cross this strip in a perpendicular fashion, Any healthy trees that are six (6) inches in caliper or greater shall be retained within this tree preservation strip except where removal is necessary to accommodate the improvements permitted by the preceding sentence. This condition shall not preclude the removal of vegetation from the tree preservation strip that is unhealthy, dying or diseased. (P) GENERAL iNFORMATION Off the south line of Woolridge Road, west of Fox Haven Lane. (Sheet 1.5), Existing: A Size: 6.6 acres Existing Land Use: Vacant Tax ID 714-674-1733 8 05SN0127-JAN26-BOS Adjacent Zoning and Land Use: North and West - R-12 with Conditional Use; Vacant South - A; Vacant East - R-9 and A; Single l~hmily residential or vacant UTILITIES Public Water Syste.m: There is a twenty (20) inch water line that extends along a portion of Fox Club Parkway and terminates adjacent to Fox Club Lane, approximately 2,900 fbet northeast of this site. The request site is within the boundaries of the Upper Swift Creek Plan, which recommends use of the public water system, Use of the public water system is intended and has been proffered (Proffered Condition 2). The applicant has included with the proffer, a request for an exception in the case of sales facilities and/or construction offices. Since the sales facilities or construction trailer would be a temporary use as part of the overall development of the site, the 'Utilities Department would not require such thcilities to connect to the public water system. It should be noted, however, that any such facilities must meet other requirements of the Zoning Ordinance. Public Wastewater System: There is an eighteen (18) inch wastewater trunk line that extends along a portion of the west branch of Swift Creek and terminates adjacent to Fox Haven Lane in Foxcrof~ Subdivision, approximately 185 feet east of this site. The request site is within the boundaries of the Upper Swift Creek Plan, which recommends use of the public wastewater system.. Use of the public wastewater system is intended and has been proffered (Proffered Condition 2). The applicant has included with the proffer~ a request for an exception in case of sales facilities and/or construction offices. Since the sales facilities or construction trailer would be a temporary use as part of the overall development of the site, the Utilities Department would not require such facilities to connect to the public wastewater system, it should be noted, however, that any such facilities must meet other requirements of the Zoning Ordinance, ENVIRONMENTAL Drainage and Erosion: The property drains directly to West Branch and then, via West Branch, to Swift Creek Reservoir. West Branch at this location is a perennial stream and therefore subject to a 100- fbot conservation area, inside of which uses are very limited. Approximately two-thirds of the properly is within the Resource Protection Area (RPA). The property is wooded and should not be timbered, without first obtaining a land-disturbance permit from the Environmental Engineering Department (Proffered Condition 3). This will insure that 9 05SN0t 27-JAN26-BOS adequate erosion control measures are in place prior to any land disturbance. There are no existing or anticipated, on- or off-site, drainage or erosion problems. Water Quality: The Board of Superv'isors has approved the implementation of the Upper Swift Creek Watershed Master Plan establishing a pro-rata fee for the management of phosphorus loads associated with stormwater runoff: It should be noted the developer must pay a pro-rata fee for best management practice (BMP) construction and a fee for BMP maintenance will be required at time of subdivision recordation. The Planning Commission has been requesting that developers agree to design silt basins to remove .22 pounds per acre per year of phosphorus from stormwater ru.noffor construct additional BMP facilities and leave them in place until the county receives its initial permit when the development is downstream of any regional facilities or until the downstream facility is constructed, if the development is upstream, which ever is appropriate. The applicant has offered Proffered Condition 12 to address this concern. PUBLIC FACiLiTIES The need for fire, school, library, park and transportation facilities is identified in the Public Facilities Plan, the Thorought. hre Plan and the 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 m'e expected to increase 44 to 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 Plan also recommends the expansion of five (5) existing stations. Based on seven (7) dwelling units, this request will generate approximately one (1) call for fire and EMS each year. The applicant has addressed the impact on fire and EMS (Proffered Condition 6). The Clover Hill Fire Station, Company Number 7, currently provides 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 ~x411 be evaluated dm'ing the plans review process. Schools: Approximately four (4) students will be generated by this development. This site Dies in the Woolridge Elementao* School attendance zone: capacity - 733, enrollment - 794; Swift Creek Middle School attendance zone: capacity - 1,027, enrollment - 1,468; and Clover Hi. It High School attendance zone: capacity - 1,582, enrollment - 2,036. 10 05SN0127-JAN26-BOS There are currently five (5) trailers at Woolridge Elementary; twelve (12) trailers at Swift Creek Middle; and twenty (20) trailers at Clover Hill High. A new high schooi is under construction and is scheduled to open in 2006, that will provide relief for Clover Hill and Manchester High Schools. This development will have an impact on schools. The applicant has offered measures to assist in addressing the impact of this development on school facilities (Proffered Condition 6). Libraries: Consistent with the Board of Supervisors' policy, the impact of development on library services is assessed County-wide. Based on projected population gro~xh, the Public Facilities Plan identifies a need for additional library, space throughout the Country'. The proposed development could impact either the existing Clover Hill Library or a proposed new facility in the vicinity of Beach and Winterpock Roads. The Public Facilities Plm~ identifies a need for additional library space in these areas of the County. The applicant has offered measures to assist in addressing the impact of this development on library facilities. (Proffered Condition 6) Parks and Recreation: The Public Facilities Plan identifies the need for three (3) new regional parks, seven (7) community parks, 29 neighborhood parks, and five (5) community centers by 2020. tn addition, the Public Facilities Plan identifies the need for ten (10) new or expanded special. purpose parks to provide water access or preserve and interpret unique recreational, cultural or environmental resources. The Plan also identifies shortfalls in trails and recreational historic sites. The Upper Swift Creek Plan calls tbr "a continuous linear network of open spaces along the tributaries of Swift Creek Reservoir within the watershed, linking critical environmental habitats, open space, and public resources." The plan states that "preservation of these areas, ,vhich buffer and naturally filter surface waters, are critical for the survival of Swift Creek Reservoir as a potable water source." The applicant has of[bred measures to assist in addressing the impact of this proposed development on parks and recreation facilities (Proffered Condition 6); however, to be in compliance with the Upper Swift Creek Plan, the applicant should provide a conservation area within the Resource Protection Area of West Branch Creek, to be owned and maintained by a Homeowner's Association. Transportation: The property (6.6 acres) is currently zoned Agricultural (A), and the applicant is requesting rezoning to Residential (R-I2) and has proffered a maximum density of seven (7) lots (Proffered Condition 1). Based on single-family trip rates, development could generate 11 05SN0127-JAN26-BOS approximately ninety (90) average daily trips. These vehicles will be initially distribnted through streets in the proposed residential development (Foxcreek Crossing Subdivision) to Wootridge Road and to Otterdale Road, which had 2004 traffic counts of 1,553 and 2,853 vehicles per day (VPD), respectively. Included in the Subdivision Ordinance is the Planning Commission's Stub Road Policy. The Policy suggests that subdivision streets anticipated to carry 1,500 VPD or more shoutd be designed as "no-lot t¥ontage" collector roads. Traffic generated by this development will travel along streets in the proposed Foxcreek Crossing Subdivision. The proposed street network in Foxcreek Subdivision includes a residential collector road (Foxcreek Crossing) that will extend from Woolridge Road through the development to Otterdale Road. Based on the anticipated traffic generated by the number of lots in Foxcreek Subdivision. an.d the number of lots that could be developed on the subject property, traffic volumes on streets in Foxcreek Crossing are not anticipated to exceed the acceptable subdivision street volume as defined by the Stub Road Policy. Area roads need to be improved to address safety and accommodate the increase in traffic generated by this development. Woolridge Road and Otterdale Road will be directly impacted by development of this property. Sections of Woolridge .Road, east of Otterdale Road, have eighteen (18) to nineteen (19) foot wide pavement with no shoulders. The capacity of that section of Wootridge Road is acceptable (Level of Service C) for the volume of traffic it currently carries (1,553 VPD). Sections of Woolridge Road, south of Genito Road, have eighteen (18)to twenty-one (21) foot wide pavement with no shoulders, and guardrail immediately adjacent to the roa& The section of Woolridge Road across the Swift Creek Reservoir is not in the State Highway System, and is the responsibility of the County. Based on the current volume of traffic (10,143 VPD), that section of Woolridge Road is at capacity (Level of Service E). Sections of Otterdate Road, between Woolridge Road and Hull Street Road (Route 360), have nineteen (19) to twenty (20) foot wide pavement with no shoulders, and substandard horizontal and vertical curves and large trees located close to the edge of pavement. The capacity of that section of Otterdale Road is acceptable (Level of Service C) for the volume of traffic it currently carries (2,853 VPD). 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 6). As development continues in this part of the Count>,, traffic volumes on area roads will substantially increase. Cash proffers alone will not cover the cost of the improvements needed to accommodate the traffic increases. No road improvement projects in this part of the county are included in the Six-Year Improvement Plan, except for a project to improve a substandard curve on Woolridge Road south of Crown Pointe Road. This curve has been identified as a high accident location, At time of tentative subdivision review, specific recommendations will be provided regarding the internal street network and providing stub road rights-of-way to adjacent properties. i2 05SN0127-JAN26-BOS Financial Impact on Capital Facilities: Net Cost for Libraries PER UNIT Potential Number of New Dwelling Units 7* 1.00 Population Increase 19.04 2.72 Number of New Students Elementao~ 1.58 0.23 Middle 0.88 0.13 High t.12 0. t6 TOTAL 3.58 0.51 Net Cost for Schools $38,724 $5,532 Net Cost for Parks 5,523 789 404 2,828 Net Cost fbr Fire Stations 2,975 425 Average Net Cost for Roads 30,793 4,399 TOTAL NET COST $80,843 $11,549 *Based on a proffered maximum yield of seven (7) lots (Proffered Condition 1). Actual number of lots and corresponding impact may vary. As noted, this proposed development will have an impact on capital facilities. Staffhas calculated the fiscal impact of every new dwelling unit on schools, roads, parks, libraries and fire stations at $11,549 per unit. The applicant has been advised that a maximum proffer orS 11,500 per unit would defray the cost of the capital facilities necessitated by this proposed development. Consistent with the Board of Supervisors' policy, and proffers accepted from other applicants, the applicant has offered cash to assist in defraying the cost of this proposed zoning on such capital facilities. (Proffered Condition 8) Note that circumstances relevant to this case, as presented by th.e 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 w/thin the boundaries of the Upper Swift Creek Plan which suggests the property is appropriate for single family residential uses at a density of 2.0 dwelling units per acre or tess. Staff' has begun the process of amending the Upper Sw/ft Creek Plan.. Given the pending amendment, the Board of Supervisors has indicated its intent to defer final action on 13 05SN0127-JAN26..BOS residential cases field after February 1 i, 2004, which are located within the area of the Upper Swift Creek Pla. n, for a period of up to one (1) year. This application was filed on August 16, 2004. Such deferral would allow' this Board time to review recommendations or changes to the Pl'.at!. and evaluate new zoning proposals accordingly. Area Development Trends: Adjacent property to the north and west is zoned Residential (R-12) and is vacant, Adjacent property to the south is zoned Agricultural (A) and is vacant. Adjacent property to the east is zoned Residential (R-9) and Agricultural (A) and is occupied by single family residential development in. Foxcroft Subdivision or remains vacant. Residential development, at densities consistent with the Plan., is expected to continue in the area, Development Standards: The applicant has proffered a maximum of seven (7) lots on 6.6 acres, yielding a density of approximately 1.1 dwelling units per acre, consistent with the Upper Swift Creek Plan which suggests a density of 2.0 milts per acre or less (Proffered Condition i). In addition, the applicant has agreed to a minimum lot size of 15,000 square feet, (Proffbred Condition 7) Other restrictions include foundation treatment; notice of tentative subdivision plan submission; use of curb and gutter on public roads; orientation of garages; and restrictive covenants. (Proffered Conditions 4, 8, 9, 10, and 11) Dwellin~ Size: The applicant has submitted a proffered condition which requires a minimum gross floor area of 2,500 square feet for all dwelling units. (Proffered Condition 5) Open Space and Tree Preservation: To address concerns expressed by adjacent citizens, the applicant has agreed to provide a minimum of fifty (50) feet of common open space adjacent to Foxcroft Subdivision (Proffered Condition 13), In addition, a twenty-five (25) fbot tree preservation strip is to be maintained along the western boundary of the common open space (Proffered Condition 14). The tree preservation strip will be included xvithin the boundaries of individual lots. It has been staff's experience that individual homeowners tend to clear these areas, resulting in a zoning violation on. that individual lot and affecting the integrity of the tree preservation area. To preserve the integrity of these areas, the tree preservation strip should be provided in open space, thereby becoming the responsibility' of a homeowners' association. CONCLUSIONS The proposed zoning and land use conform to the Upper Swift Creek Plan which suggests the property is appropriate for residential use of 2.0 units per acre or less and are representative of 14 05SNOI 2%JAN26~I3OS existing and anticipated development. In addition, the proffered conditions address the impacts of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries and fire stations is identified 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 ensuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. Given these considerations, staff recommends approval of this request. CASE HISTORY Planning Commission Meeting (12/13/04): The applicant accepted staffs recommendation, but did not accept the Commission's recommendation. There was opposition present. Concerns were expressed relative to the impact of the development on water quality, roads, schools and emergency services. Concerns were expressed relative to the lack of regional best management practices facilities and increased sedimentation in area streams and the Swift Creek Reservoir. A1 so, requests were made to defer action until the amended Upper Swift Creek Plan is completed. Mr. Bass indicated while the applicant had offered proffered conditions consistent with the current practices and policies, area roads are in poor condition with no immediate plans for improvement. Mr. Gulley expressed concerns relative to the timing of the project versus that of implementation of the Regional BMP Plan. He suggested that cases should not be acted upon until such time as the review of the Upper Swift Creek Plan is completed. Mr. Gecker agreed that the case should not be acted upon until the review of the Plan is completed. On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended denial of this request. AYES: Messrs. Gecker, Bass and Gult.ey. ABSTENTION: Mr. Litton ABSENT: Mr. Wilson 15 05SN012%JAN26-BOS The Board of Supervisors, on Wednesday, January 26, 2005, beginning at 7:00 p.m., wilt take trader consideration this request. t6 05SN0127-j AN26-BOS