05SN0128-Jan26.pdfJanuary 26, 2005 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
05SN0128
Glen Abbey Partners LLC
Matoaca Magisterial District
Grange Hall Elementary, Swift Creek Middle,
and Clover Hill High School Attendance Zones
'Northeast line of Otterdale Road
REQUEST: Rezoning from Agricultural (A) to Residential (R-12) of 75.5 acres with Conditional
Use to permit private recreational facilities on 4.0 acres of the 75.5-acre site. 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 residential subdivision wifl~ a maximtm~ of 151 lots is planned,
yielding a density of 2.0 dwelling units per acre. in addition, recreation fhcilities to
serve residents of the proposed development are planned.
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:
Providing a FIRST CHOICE community through excellence in public service
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~
The proposed zoning and land use are representative of existing and anticipated area
development.
The. proffered conditions address the impacts of this development on necessary
capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan.
Specifically, the needs for roads, schools, parks, libraries and fire stations is
identified in the Public Facilities Plan. the ThorouChfare Plan and the Ca. pit.at
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.
(NOTE: THE ONLY CONDITION THAT CAN BE IMPOSED ON THE REZONING TO R~ I2 IS
A BUFFER CONDITION. CONDITIONS MAY BE IMPOSED ON THE CONDITIONAL USE.
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 t~is zoning case, pursuant to Section 15.2-2298
of the Code of Virginia (1. 950 as amended) and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the development of the Property know-n as
Chesterfield County Tax Identification Number 709-672-8088, 709-673-9924, 710-672-1082, 7 I0-
673 - t 868, and 7 t 1 ~675-0131 (the "Property") under consideration will be developed according to the
following conditions it', and only if, the rezoning request for R-12 is granted and the conditional use
for recreational facilities. In the event the request is denied or approved with conditions not agreed
to by the Developer, the proffers and conditions shall immediately be null and void and of no further
force or effect. If 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 151 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 disturbance permit has
been obtained from the Environmental Engineering Department and the
approved devices have been installed. (EE)
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(STAFF)
(STAFF)
Dedication. The following rights-of:way on the Property shall be dedicated,
free and unrestricted, to Chesterfield County in conjunction with recordation
of the initial subdivision plat.
Fort?five (45) feet of right-of-way on the east side of Otterdale Road,
measured from the centerIine of that part of Otterdale Road
immediately adjacent to the Property.
Forty-five (45) feet of right-of:way on the somh side of Woolridge
Road, measured from the centerline of that part of Woolridge Road
immediately adjacent to the Property. (T)
Foundations. The exposed surfaces of the foundations of each dwelling shall
be covered with brick or stone veneer or exterior insulation and finishing
systems (EtFS) materials. (P)
(STAFF)
(STAFF)
(STAFF)
(STAFF)
(STAFF)
House Size. All dwellings shall have a minimum gross floor area of 2,500
square feet. (P)
Buffers. The fifty (50) foot buffers required in accordance with the
Subdivision Ordinance along Otterdale and Woolridge Roads shall be located
within recorded open space. (P)
Cash Proffers. For each dwelling unit developed, the applicant, subdivider,
or assignee(s) shall pay $11,500.00 per unit to the County of Chesterfield,
prior to the time of issuance of a building penrdt, for infrastructure
improvements within the service district for the Property if paid prior to July
I, 2005. Thereafter, such payment shall be the amount approved by the
Board of Supervisors not to exceed $ I 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 from the date of payment, they shall be returned in full to the payor.
(B&M)
Lot Size. All lots shall have a minimum area of 15,000 square feet. (P)
Recreational Facilities. Any recreational facilities shall be subject to the
tbltowing restrictions.
A. There shall be no outside public address systems or speakers.
With the exception of playground areas which accommodate swings,
jungle gyms, or similar such facilities, all outdoor play fields, courts,
swimming pools and similar active recreational areas shall be located
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a minimum of one hundred (100) feet l~kom, any proposed or existing
single family residential lot line and adjacent to Chesterfield County
Tax Identification Number 709-673-4253 and a minimum of fifty
(50) feet from any existing or proposed public road, (P)
Within the one hundred (100) foot and fifty (50) loot setbacks, a fifty'
(50) foot buffer shall be provided along the perimeter of all active
recreational facilities except where adjacent to any existing or
proposed roads. This buffer shall conform to the requirements of the
Zoning Ordinance for fifty (50) fbot buffers.
Any playground areas (i.e., areas accommodating swings, jungle
gyms or similar such facilities) shall be located a minimum of fbrty
(40) feet from all property lines. A forty (40) foot buffer shall be
provided along the perimeter of these recreational facilities except
where adjacent to any existing or proposed roads. This buffer shall
conform to the requirements of the Zoning Ordinance ibr fifty (50)
fbot buffers.
Nothing herein shall prevent development of indoor facilities and/or
parking within the one hundred (100) foot setback.
Exterior lighting fbr recreational uses shall comply with Section I9-
508.3 of the Zoning Ordinance, and the maximum height for light
posts shall not exceed twenty (20) feet.
The location of all active recreational uses shall be identified in
conjunc{ion with the submittal of the first tentative subdivision plan.
(STAFF)
I1.
12,
In conjunction with the recordation of any lot adjacent to active
recreational area(s), such area(s) shall be identified on the record plat
along with the proposed recreational uses and required conditions.
(P)
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 same as definitions set forth in the
Chesterfield County Zoning Ordinance. All 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
05SN0128-JAN26-BOS
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 enviromnental standards. The standards shall
incorporate ali 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, drive~vay and parking requirements, foundations and
length of structures, and landscaping requirements. Copies shall be
available from the Architectural Board fbr review. The guidelines
and procedures shall be those of the Association, and the
Architectural Board shall have sole and ~BI1 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 filly pement (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 ail
property has been developed, improved, and conveyed to purchasers
in the normal course of development m~d 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 Boar& At all
times, at lease 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, who shall also
be the Chairperson.
Mailboxes~ Every improved lot shall be required to have a mailbox
xvith supporting post and street light of design and installation as
specified in the standards. Each lot owner shall be responsible for the
maintenance and operation of the fixture, support, and mailbox.
Parking. Each property owner shall provide space for the parki~g of
automobiles offpublic streets prior to the occupancy of any building
or structure constructed on said property in accordance with the
standards.
Garages. All dwellings will have side or rear loaded garages.
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iH.
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 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 uncleam
unsightly, or unkempt conditions of buildings or grounds on such
property which shall tend to substantially decrease the beauty of the
neighborhood as a whole or the specific area.
Minimum Square Footage. No plan required under these Covenants
will be approved unless the proposed house or structure has a
minimum square footage of enclosed dwelling space as specified in
the standards. Such minimum requirement for each tot will be
specified in each sales contract and stipulated in each deed. The term
"enclosed dwelling area" as used in these minimum size requirements
does not include garages, terraces, decks, open porches, and the like
areas.
Residential Use.
(i)
(ii)
Alt lots shall be used l'br residential purposes exclusively.
The use ora portion of a dwelling on a lot as an office by the
owmer or tenants thereof shall be considered a residential use
if such use does not create customer or client traffic to and
from the Iot. 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 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 like facility without a kitchen may be
included as part of the main dwelling or accessory building,
but such suite may not be rented or leased except as part of
the entire premises including the main dwelling and provided,
however, that such suite would not result in overcrowding of
the site.
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(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 all houses and other
structures must be completed within one (I) 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, rites, 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 ow~ner of
the lot shall require the contractor to maintain the lot in a reasonably
clean and uncluttered condition.
Screened Areas, Each lot owner shall provide a screened area to
serve as a service yard and an area in which garbage receptacles, fuel
tanks or similar storage receptacles, electric and gas meters, air
conditioning equipment, clotheslines, and other unsightly objects
much be placed or stored in order to conceal them from view from the
road and adjacent properties. Plans for such screened area delineating
the size, design, texture, appearance, and location must be approved
by the Architectural Board prior to construction. Garbage receptacles
and fuel tanks may be located outside of such scree:ned 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
onIy 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
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. Except as otherwise provide 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
7 05SN0128-JAN26-BOS
of any building or structure or any lot except that should cable
television services be unavailable and good television reception not
be otherwise available, a lot owner may make written application to
the Association tbr 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 owaned by it and shown onthe
plat of any subdivision in order to create modified building lot or
replatted lot suitable and fit as a building site including, but no
limited to, the recreational facilities, and other anxenities to conform
to the new boundaries of said replatted lots, provided that no lot
originally shown on a recorded plat is reduced to a size smaller than
the smallest lot shown on the first plat of the subdivision section.
Nothing in this paragraph shall prohibit the combining of two (2) or
more contiguous lots into one (1) 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 permitted.
Ali pet animals must be secured by a leash or lead, or be under the
control of a responsible person and obedient to that person's
command at any time they are permitted outside a residence or other
enclosed area upon a lot approved by the Architectural Board for the
maintenance and confinement of pet animals. No livestock including
cattle, horses, sheep, goats, pigs, or poultry shall be permitted upon
any lot. After giving a lot owner written notice of complaint and
reasonable opporttmity 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, rnotorcycles, 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, enjos~nent, and privacy of any lot or owner in
the near vicinity. No neon or flashing lights shall be permitted. Alt
external lighting shall be approved by the Architectural Board as
appropriate in size, location, color, and intensity.
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(STAFF)
(STAFF)
(STAFF)
(STAFF)
13.
t4.
15.
16.
Swimming Pools. No swimming pool, whether in ground or above
ground, whether permanent or temporary, shall be installed upon any
lot without the prior ,a2'itten consent of the Architectural Board. The
Architectural Board shall require that all swinuning pools be
adequately screened.
Rules and Regulations. The Board of Directors is granted and shall
have th.e 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.
Buffers. Notice is hereby given to every' homeowner and by
purchasing a home in Fox Creek Subdivision each homeowner
acknowledges and agrees that no homeowner in the Fox Creek
Subdivision nor the homeowners association may negotiate, request,
demand, or argue for a buffer or tree save area between the Fox Creek
Subdivision property line and Chesterfield County Tax Identification
Number 709-673-4253, also known as the parcel owned by Stopf
Mon.tez Development LLC (Stopf), so long as the requested zoning
and use of the Stopf property is for single-family residential
development of lot sizes 12,000 square fbet or larger along the
property line between Stopf and the Fox Creek Subdivision. (P)
Garages. All dwellings will have side or rear loaded garages. (P)
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)
Access. N'o direct access shall be provided from the Property' to Woolridge
and Otterdale Roads. (T)
Transportation. To provide an adequate roadway system, the Developer shall
be responsible for the following improvements. If any of the improvements
are provided by others, or if they are determined unnecessary by the
Transportation Department, then the specific required improvement shall no
Ionger be required by the Developer.
Widening/improving the south side of Woolridge Road and the east
side of Otterdate Road for the entire Property frontage to an eleven
9 05SN0128-JAN26-BOS
(STAFF)
t7.
(1 i) foot wide travel lane, measured from the existing cen.terline of
each road, with an additional one (1) foot wide paved shoulder plus a
seven (7) foot wide unpaved shoulder, and overlaying the full width
of both roads with one and one half (i.5) inch of compacted
bituminous asphalt concrete, with modifications approved by the
Transportation Department.
Dedication to Chesterfield County, fi'ee and unrestricted, any
additional right-of-way (or easements) required for the improvements
identified above. (T)
Phasing Plan. Prior to any construction plan approval, a phasing plan fbr the
required road improvements, as identified in Proffered Condition 16, shall be
submitted to and approved by the Transportation Department. (T)
GENERAL INFORMATION
Location:
Northeast line of Otterdale Road, south of Wootridge Road, and South line of Woolridge
Road, east of Otterdale Road. Tax IDs 709-672-8088, 709-673-9924, 710-672-1082, 710-
673-1868 and 711-675-0131 (Sheet 1.5).
Existing Zoning:
A
Size:
75.5 acres
Existing Land Use:
Single family residential or vacant
Adjacent Zoning and Land Use:
North, South and West - A; Single family residential or vacant
East - R-12 with Conditional Use; Vacant
UTILITIES
Public Water System:
A twenty (20) inch water line that extends along a portion of Fox Club Parkway and
terminates at Woolridge Road, approximately 4,000 l~eet northeast of this siter Plans have
been approved for extending a sixteen (16) inch water line along Woolridge Road to serve
t 0 05 SN0 t 28-JAN26-.-BOS
the future Magnolia Green development. Upon completion and acceptance into the County
water distribution system, public water would be available from this sixteen (16) inch fine.
Additional twelve (12) and eight (8) inch water lines are proposed for construction with the
development of Fox Creek Subdivision., east of this site. The request site is within the
boundaries of the Upper S .w. ift Cre.ek..P.t~., 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 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 water system.
Public Wastewater System:
There is an eighteen (18) inch wastewater tnmk line that extends along a portion of the west
branch of Swill Creek and terminates adjacent to Fox Haven Lane, in Foxcroft Subdivision,
approximately 3,000 feet east of this site. Plans have. been submitted to extend the public
wastewater system in conjunction with the Fox Creek Development that, upon completion
and acceptance into the County wastewater collection system, wilI bring the public
wastewater system adjacent to the eastern boundary of the request site. The request site is
within the boundaries of the Upper Swill 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.
.ENVIRONMENTAL
Drainage and Erosion:
The property drains east to West Brm~ch and then via West Branch to Swift Creek Reservoir.
The property is mostly wooded and should not be timbered without first obtaining a land-
disturbance permit from the Environmental Engineering Department (Proffered Condition 3).
This xvilt insure that adequate erosion control measures are in place prior to any land
disturbance. There are no existing or anticipate& on- or off-site, drainage or erosion
problems.
Water Quality:
The Board of Supervisors has approved the implementation of the Upper Swift Creek
Watershed Master Plan establishing a pro-rata fee for the management of phosphorus loads
associated with stormwater runoff: It should be noted the developer must pay a pro-rata fee
fbr best management practice (BMP) construction and a fee for BMP maintenance wilt be
required at time of subdivision recordation. The northern portion of this property has a
11 05SN0128-JAN26~BOS
Resource Corridor Management/non-RPA (RCM/NRPA), inside of which uses are very
limited.
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 runoff or construct
additional BMP facilities and leave them in place until the county receives its initial permit
when the development is downstream of any regional ikcilities or until the downstream
facility is constructed, if the development is upstream, which ever is appropriate~ The
applicant has offered Proffered Condition 14 to address this concern.
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 Progr~. This development xvill
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 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 150 dwelling
units, this request will generate approximately 23 calls for fire and EMS each year. The
applicant has addressed the impact on fire and EMS (Proffered Condition 8).
The Clover Hill. Fire Station, Company Number 7, cun'ently 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 wSll be evaluated during
the plans review process.
Schools:
Approximately 77 students wilt be generated by this development. This site ties in the
Grange Hall Elementary School attendance zone: capacity - 828, enrollment - 723; Swift
Creek Middle School attendance zone: capacity - 1,027, mtrollment - 1,468; and Clover Hill
High School attendance zone: capacity ~ 1,582, enrollment * 2,036.
There m'e twelve (.12) trailers at Swift Creek Middle School and twenty (20) trailers at Clover
Hill High School. A new high school is under construction and scheduled to open in 2006.
This new school will provide relief for Clover Hill and Manchester High Schools. This
development will have an impact on all schools involved. The applicant has ot'fered
measures to assist in addressing the impact of this development on school fkcilities.
(Proffered Condition 8)
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Libraries:
Consistent with the Board of Supervisors' Policy, the impact of development on library
services is assessed countywide. Based on projected population growth, th.e Public Facilities
Plan identifies a need for additional library space throughout the County.
Development could affect either the existing Clover Hill Library or a proposed new fhcility
in the vicinity of Beach and Winterpock Roads. The Public Facilities Plan identifies a need
for additional library space in this area. The applicani has offered measures to assist in
addressing the impact of this development on library, thcilities. (Proffered Condition 8)
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. In
addition, the Public Facilities Plan identifies the need fbr ten (t 0) new or expanded special
purpose parks to provide water access or preserve and interpret unique recreational, cultural
or enviromr~ental resoumes. The Plan also identifies shortfalls in trails and recreational
historic sites.
The applicant has offered measures to assist wdth the impact of this proposed development on
parks and recreation facilities (proffered condition 8)
Transportation:
The property (75.5 acres) is cttrrently zoned Agricultural (A), and the applicant is requesting
rezoning to Residential (R- 12). The applicant has proffered, a maximum density of 151 tots
(Proffered Condition 1). Based on single-family trip rates, development could generate
approximately t ,520 average daily trips. These vehicles will be initially distributed through
streets in the proposed residential development (Foxcreek Crossing Subdivision) to
Woolridge Road and to Otterdale Road, which had 2004 traffic counts of 1,553 and 2,853
vehicles per day (VPD), respectively.
The Thoroughfare Plan identifies Woolridge Road and Otterdale .Road as ma. ior arterials w/th
recommended right of way widths of ninety (90) feet. The applicant has proffered to
dedicate forty-five (45) feet of right of way, measured from the centerline of those roads, in
accordance with that Pl__~_an. (Proffered Condition 4)
Access to major arterials, such as Wootridge Road and Otterdale Road, should be controlled.
The applicant has proffered that no direct access will be provided from the property to either
Woolridge Road or Otterdale Road. (Proffered Condition 15)
Included in the Subdivision Ordinance is the Plamfing Commission's Stub Road Policy. The
Policy suggests that subdivision streets anticipated to carry 1,500 VPD or more should be
designed as "no-lot frontage" collector roads. Traffic generated by this development will
13 05SN0128-JAN26-BOS
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 and the
number of lots that could be developed on the subject property, residential col lector streets
may be required through parts of the property and/or additional residential collector streets in
Foxcreek Crossing Subdivision.
The traffic impact of this development must be addressed. The applicant has proffered to
widen/improve the south side of Woolridge Road and the east side of Otterdale Road to an
el even (11 ) fbot wide travel lane with an additional one (1) foot wide paved shoulder plus a
seven (7) foot wide unpaved shoulder, and overlay with asphalt the full width of each road
for the entire property i):ontage. (Proffered Condition 16)
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 (I9) foot wide pavement with. no shoulders. The
capacity of that section of Woolridge Road is acceptable (Level of Service C) lbr the volume
of traffic it currently carries (1,553 VPD). Sections of Woolridge Road, south of Genito
Road, have eighteen (18) to twenty-one (2I) foot wide pavement with no shoulders, and
guardrai.1 immediately adjacent to the road. The section of WooIridge 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 Otterdale Road, between Woolridge Road and }tull
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 County, 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 pro~iects
in this part of the county are included in the Six-Year Improvement Plan, except for a project
to improve a substandm'd curve on Woolridge Road south of Crown Pointe Road. This crowe
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.
14 05SN0128-JAN26-BOS
Financial Impact on Capital Facilities:
Potential Number of New Dwelling Units 151 * 1.00
Population increase 410.72 i 2.72
Number of New Students T
Elementao' 34.13 0.23
Middle 19.03 i O. 13
High 24.1.6 ~--
TOTAL 77.31 0,5 t
Net Cost for Schools $835,332 $5,532
Net Cost for Parks 119, t39 789
Net Cost for Libraries 61,004 404
Net Cost for 'Fire Stations 64,175 I 425
1
664,249 4,399
Average Net Cost for 'Roads }
*Based on a proffered maximum yield of 151 tots (Proffered Condition 1). Actual number of
lots and corresponding impact may vary.
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, arks, libraries and fire stations at
$11,549 per unit. The applicant has been advised that a maximum proffer orS t 1,500 per unit would
defray the cost of the capital f~acitities 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 the applicant, .have been reviewed and
it has been determined that it is appropriate to accept the maximtm~ cash .proffer in this case.
LAND USE
Comprehensive Plan:
'Lies within the boundaries of the 'Upper Swift Creek Plan which suggests the property is
appropriate for single family residential uses at a density of 2.0 dwelling units per acre or
less. 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
15 05SN0128~JAN26-BOS
residential cases field after February' 11,2004, which are located x~4thin the area of the Upper
Swift Creek Plan, 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 Plan and evaluate new zoning proposals accordingly.
Area Development Trends:
Adjacent property to the north, south and west is zoned Agricultural (A) and is occupied by
single family residences or remains vacant. Adjacem property to the east is zoned
Residential (R-12) with Conditional Use to permit private recreation ihcilities and is 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 151 lots on 75.5 acres, yielding a density of
approximately 2.0 dwelling units per acre, consistent with the Upper Swift Creek Plan which
suggests a density of 2.0 units per acre or less (Proffered Condition 1). In addition, the
applicant has agreed to a minimum lot size of 15,000 square feet. (Proffered Condition 9)
Other restrictions include foundation treatment; use of curb and gutter on public roads;
orientation of garages; and restrictive covenants. (Proffered Conditions 5, 1 I, 12 and 13)
Bufl`ers:
The Subdivision Ordinance requires that a fifty (50) foot buffer be maintained along
Otterdale and Woolridge Roads. The Ordinance would allow this buffer to be included
within the boundaries of individual lots. It has been staffs experience that individual
homeowners tend to clear these areas resulting in a zoning violation on that individual lot
and affecting the integrity of the buffer. To preserve the integrity of this buffer, the applicant
has proffered that the area will be provided in open space, thereby becoming the
responsibility of a homeowners' association. (Proffered Condition 7)
Dwelling Size:
The applicant has submitted a proffered condition x~hich requires a minimum gross floor area
of 2,500 square feet for all dwelling units~ (Proffered Condition 6)
Recreational Use:
This proposal would allow up to four (4) acres within the development to be used for private
recreation facilities. The applicant has offered measures to minimize the impact of these
facilities on future residents in the development as well as an adjacent property (Profl`ered
Condition 10). This proff`er is similar to conditions imposed on other projects approved for
such use.
t 6 05SN0128-J,.-kN26-BOS
CONCLUSIONS
The proposed zoning and land use conform to the Upper Swift Creek Plan xvhich suggests the
property is appropriate for residential use of 2.0 units per acre or less and are representative of
existing and anticipated development. In addition, the proffered conditions address the impacts of
this development on necessary capital facilities, as outlined in the Zoning Ordinance and
Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries and fire stations is
identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Pro,'am
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 th.ese considerations, staff recommends approval of this request.
CASE HISTORY
Applicant (12/13/04):
Revisions were submitted to Proffered Conditions I 0 and 12.
Planning Commission Meeting (12/13/04):
The applicant accepted staWs recommendation, but did not accept the Planning
Commission's recommendation.
There was opposition presen.t. Concerns were expressed relative to the impact of the
development on water quality, schools and roads. It was suggested that action on this request
should be delayed until the evaluation of the Upper Swift Creek Plan is completed. One (1)
adjacent property owner expressed concerns relative to dust generated by construction and
requested a buffer adjacent to their property.
On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended denial of
this request.
AYES: Messrs. Gecker, Bass and Gulley
ABSTENTION: Mr. Litton
ABSENT: Mr. Wilson.
The Board of Super~fsors, on Wednesday, January 26, 2005, beginning at 7:00 p.m., will take under
consideration this request.
17 05SN0128~IAN26~BOS