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05SN0127-Feb23.pdfDecember 13, 2004 CPG Janum%~ 26, 2005 BS .February 23, 2005 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 05SN0127 Fox Creek Development, Inc. Matoaca Magisterial District Woolridge Elementary, Swill Creek Middle., and CIover Hill High School Attendance Zones Offthe south line of Woolridge Road REQUEST: Rezoning from Agricultural (A) to Residential (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 residential subdivision with a maxim, urn of seven (7) lots is planned, yielding a density of approximately 1.1. dwelting units per acre. PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL AYES: MESSRS. GECKER, BASS AND GULLEY ABSTENTION: MR.. LITTON ABSENT: MR. WILSON STAFF RECOMMENDATION Recommend approval fbr the tk)llowing reasons: A. The proposed zoning and land use conlbm~ to the ~pper Swift Creek Ptm~ which suggests the property is appropriate Ibr residemial use of 2.0 units.per acre or less. I)rov'idmg a F'[RST CI'.tOICt"~ c<:)mmuniu; through excellenc¢ in pr~blic smwice 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 ouIIined in thc Zoning Ordinance and Comprehensive PIan. Specifically, the needs for roads, schools, parks, libraries and fire stations is identified in the Public Facilities Plan, the Thoroughfare Plan and the ~;apital 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 welthre of County citizens. (NOTE: THE ONLY CONDITION THAT CAN BE IMPOSED IS A iBUFFER CONDITION. THE PROPERTY OWNER MAY PROFFER OTHER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITFI 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 (l 950 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 Idenlification Nmnber 714-674-1733 (the "Property") under consideration will be developed according to the following conditions it; and only if', the rezoning request [br R~I 2 is granted. 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 tbrcc or effect. If the zoning is granted, these proffers and conditions will supersede ail proffers and conditions now existing on the iProperty. (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 fbr the purpose of removing dead or diseased trees, there shall be no timbering until a land. disturbance permit has been obtained from the Environm.ental iEngineering Department amd the approved devices have been installed. (EE) (STAFF) 4. Foundations. The expo sed surlhc, e s of the fbundations of each dwelling shall be covered with brick or stone veneer or exterior insulation m~d finishing systems (EIFS) materials. (P) 2 05SN0t 27-F'ISB23-BOS (STAFF) (STAFF) (STAFF) (ST^FF) (STAFF) (STAFF) t0. House Size. Ail dwellings shall have a minimum gross floor area of 2,500 square 'lket. ('P) Cash Profibrs. For each dwelling unit developed, the applicant, subdivider, or assigneefs) shall pay $11,500.00 per unit to the County of Chesterfield, prior to the time of issuance of a building permit, tbr infrastructure improvements within the service district fbr the Property if paid prior to July 1, 2005, Thereafter, such payment shall be the mnount approved by the Board of Supervisors not to exceed $11,500.00 per unit as adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 17 2004 and July 1 of the fiscal year in which the payment is made if paid alter June 30, 2005. If any of the cash proffers are not expended lbr 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. All 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 ~he Planning Department with a copy of th.e not/ce. (P) Curb and (}utter. 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 tmxns and definitions shall be set fbrth in the Covenants and may not be the same as definitions set forth in the Chesterfield County Zoning Ordinance. All terms and definitions set tbrth in the Covenants shall control this Proffbred 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, lit 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 all restrictions and guidelines relating to developmen~ 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 req.uirements, fbundations and length of structures, and landscaping requirements. Colpies shall be available from the Architectural Board for review. The guidelines and procedures shall be those of the Association, and the Architectural 3 05SN0t27TEB23-BOS B. 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 st~b. iect property has been developed, improved, an.d 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%1) ofatl property has been developed, improved, and conveyed to purchasers in the normal course of development and sale, the Board oflDirectors 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 ArchitecturaI Board. 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. EveLv 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 lot owner shall be responsible l:br the maintenance and operation of the fixture, support, and mailbox. Parking. Each property owner shall provide space for thc parking of automobiles off public streets prior to the occupancy of any building or structure constructed on said property in accordance with the standards. Garages. Ali. dwellings will have side or rear loaded garages. 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 stan.dards 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 tbot may be erected without the w2'itten permission of the Declarant or the Association. Condition o:f Ground. It shall be the responsibility o~' 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 O5SN0127-FEB23-B()S H. Minimum Square Footage. No plan required under these Covenants will be approved unless the proposed house or structure has a minimmn square footage of enclosed dwelling space as specified in the standards. Such minimum requirelnent ibr each lot will be specified in each sales contract and stipulated in each deed. ]'he 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. (~) All lots shall be used tbr residential purposes exclusively. The use of a portion of a dwelling on. a lot as an o~lice by the ovmer 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, place& 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. (ii) 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. (iii.) ~l'he 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, fires, national emergency, or natural calamities. Houses and other dwelling structm:es 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 tot in a reasonably clean and uncluttered condition. 5 05SN0127-FEB23d~OS Screened Areas. Each lot OWT~er 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 't~om 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 '£uel tanks may be located outside of such screened area only it' 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 all enclosed or screened area approved by the Architectural Board such that they are not generally visible fi:om adjacent properties. Temporao' 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 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 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 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 chm~ged except with the written consent of the Declarant. However, the Declarant hereby expressly reserves to itself; its successors; or assigns the right to repla't any lot or lots owned by it and shovvn.~ on the plat of any subdivision in order to create modified building tot or replatted lot suitable and fit as a building site including, but no limited to, the recreational facilities, and other amenities to conlbrm 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 6 05SN0127-FEB23-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 (1) larger lot, only the exterior boundary lines of the resulting larger lot shall be considered in the interpretati, on of these covenants. Animals. Only common household pet animals shall be permitted. Alt 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 residen.ce or oth.er enclosed area upon a lot approved by the Architectural Board tbr the maintenance and. confinement of pet animals. No livestock including cattle, horses, sheep., goats, pigs~ or poultry shall be permitted upon any lot. A3~er giving a lot owner xvritten 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 All Terrain Vehicles. No motor bikes, motorcycles, or alt terrain vehicles shall be driven upon the common area, [ors, or roads (unless properly licensed on roads) with the exception of licensed vehicles and mopeds which sh.all be operated solely upon the public streets tbr 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, eRjoyment, 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, Iocation, 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. SL 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. Ail dwellings wilt have side or rear loaded garages. (P) 7 05S N 0127-FEB23-B OS (STAFF) t2. (STAFF) 13. (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 ~br the implementation of the Upper Swift Creek Watershed Plan. (EE) Open Space. A minimum of fifty (50) feet of common open space shall be mainlained adjacent to Foxcroft Subdivision. Except [br utilities and pedestrian/bicycle paths which run generally perpendicular through the buffer, there shall be no uses permitted in the buff'er. 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. (iP) 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 righls-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 rem. oval of vegetation i~oln the tree preservation strip that is unhealthy, dying or diseased. (P) GENERAL INFORMATION Off the soulh line of Woolridge Road, west of Fox Haven Lane, (Sheet 15). Existing Zoning: A Size: 6.6 acres Existing Land Use: Vacant Tax ID 714~674~1733 8 05SN0127-FEB23-BOS Adjacent Zoning and Land Use: North and West - R-I 2 with Conditional Lise; Vacant South - A; Vacant East - R-9 and A; Single family residential or vacant UTILITIES Public Water System: The:re is a twenty (20) inch water line that extends along a portion of Fox Club Parkway and terminates adjacent to ][;'ox Club Lane, approximately 2,900 feet 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 proffbred (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 l~cilities or construction trailer would be a temporao, use as part of the overall development of the site, the Utilities Department would not require such facilities to connect to the ipublic water system. It should be noted, however, that any such facilities must meet other requirements of the Zoning Ordinance. iPublic Wastewater System: There is an eighteen (18) inch wastewater trunk line that extends along a portion of the west: branch of Swi ~ Creek and terminates adjacent to Fox Haven Lane in Foxcrofl Subdivi sion, approximately 185 feet east of this site. The request site is within the boundaries of the Upper Swift CreekPlan, which recommends useofthepublicwastewater system. Useofthe public wastewater system is intended and has been proffered (Proffered Condition 2). The applicant has included with the profl;er, a request fbr an exception in case of sales t~cilities and/or construction offices. Since the sales facilities or construction trailer would be a temporary use as part of the overat[ 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 m~y 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 iReservoir. West Branch at this location is a perennial stream and therefore subject to a 100- foot conservation area, inside of which uses are very limited. Approximately two-thirds of the property is within thc 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-FEB23-BOS adequate erosion control measures are in place prior to any land disturbance. There m'e no existing or anticipated, on- or off-site, drainage or erosion problems. Water Quality: The Board of Supervisors has approved the implementation of the Upper S,Mft 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 tbr best managelnent practice (BMP) construction and a tee lbr 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 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 facilities or until the downstream facility is constructed, if the development is upstream, which ever is appropriate. The applicant has of Ibred Proffered Condition I2 to address this concern. PUBLIC FACILITIES The need for fire, school, library, park and transportation facilities is identified in the Public Facilities Plan. the Thoroueht~are Plan andthe Capital Improvement Pro,2ram. This development will have m~ impact on. these :lhcitities. Fire Service: ~lt~e 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 tbr 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 fbr 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 hydrm~ts, quantity of water needed [br fire protection, and access requirements will be evaluated during the plans review process. Schools: Approximately ti)ur (4) students will be generated by this development. This site lies in the Woolridge Elementary School attendance zone: capacity - 733~ enrollment - 794; Swill Creek Middle School attendance zone: capacity - 1,027, enrollmenl - 1,468; and Clover Hill High School attendance zone: capacity - 1,582, enrollment - 2.036. 10 il) 5 S N0127 .. F['2B 23-BO S There are currently five (5) trailers at Woolridge Elementary: twelve (12) trailers at Swift Creek Middle; and twenty (20) trailers at Clover Hill tfigh. A new high school is under construction and is scheduled to open in 2006, that will provide relief lk~r Clover Hill and Manchester High SchooisE This development will have an impact on schools. The applicant has off:ered measures to assist in addressing the impact of this development on school facilities (Proftk.~red Condition 6). Libraries: Consistent with the Board of Supervisors' policy, the impact of development on fibrary services is assessed County-wide. Based on projected population growth, the Public Facilities Plan identifies a need fbr additional library-space throughout the County. The proposed development could impact either the existing Clover Hill Library or a proposed new Ihcility in the vicinity of Beach and Winterpock Roads~ The Public Facilities Plan identifies a need fbr addition.al 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, (Prof~f~ered Condition 6) Parks and Recreation: The Public Facilities Plan identifies the need t!br 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 identities 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 identities shortfalls in trails and recreational historic sites. The Upper Swift Creek Plan calls lbr "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, which buffer and naturally filter surface waters, are critical for the survival of Swift Creek Reservoir as a potable water source." The applicant has offered measures to assist in addressing the impact of this proposed development on parks and recreation thcilities (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 m~d maintained by a Homeo~,mer's Association. Transportation: The property (6.6 acres) is currently zoned Agricultural (A), and the applicant is requesting rezoning to iResidential (Rd2) and has proffered a maximum density' of seven (7) lots (Proffered Condition 1). Based on. single-15hmily trip rates, development could generate 11 05SN'0127~FEB23-BOS approximatel, y ninety (90) 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. Included in the Subdivision Ordinance i.s the Planning 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 wi 11 travel along streets in the proposed Foxcreek Crossing Subdivision, The proposed street network in Foxcreck Subdivision includes a residential collector road (Foxcreek Crossing) that will extend ti:om Wootridge Road through the development to Otterdale Road. Based on the anticipated traftic generated by the number of lots in Foxcreek Subdivision and 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 m~d Otterdate 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 Woo lridge Road is acceptable (Level of Service C) for the volmne of traffic it currently carries (1,553 VPD), Sections of Woolridge Road, south ot' Genito Road, have eighteen (I8) to twenty-one (21) ibot wide pavement with no shoulders, and guardrail immediately ad. iacent to the road. The section of Woolridge Road across the Swift Creek Reservoir is not in the State Highxvay System, and is the responsibility of the County. Based on the cun'ent 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 (l 9) to twenty (20) Ibot wide pavement with n.o 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) l~br 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 (Prot'fered Condition 6). As development continues in this part of the County, traffic volumes on area roads will substantially increase. Cash proffers alone wilt not cover the cost of the improvements needed to accommodate the trait, lc increases. No road improvement pro.}ects in this part of the county are included in the Six-Year Improvement Plan, except for a prqiect 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 a4jacent properties. 12 05SN0t 27,..FEB23-BOS Fi.nancial Impact on Capital Facilities: PER UNIT I Potential Number of New Dwelling Units 7* 1.00 Population Increase 19.04 Number of New Students t'.i;lementary 1,58 0.23 Middle 0.88 0.13 High t.12 0.16 TOTAL 3.58 0,5 t Net Cost for Schools $38,724 $5,532 Net Cost for Parks 5,523 789 Net Cost for Libraries 2,828 404 Net Cost 'ii)r Fire Stations I 2,975 425 ] Average Net Cost tbr Roads : 30.793 4,399 £ ' TOTAL NET COST $80,843 ~ $11,549 *Based on a .proffered maximum yield of' seven (17) lots (Proffered Condition I). Actual number o1' lots an.d 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, parks, libraries and fire stations at $11,549 per unit. The applicant has been advised that a maximum proffer of$11,500 per unit would deft'ay the cost of the capital Ihcilities necessitated by this proposed development. Consistent with the Board ot' 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 thcilities. (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 maximum 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 ~br single fhmily 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 intern to de fLor final action on 13 05SN01 residential cases field after February 11,2004, which are located within the area of the Upper Swift Creek Plan. for a period of up to one (I) year. This application was filed on August 16, 2004. Such deferral would alIow this Board time to review recommendations or changes to the Plm~ and evaluate new zoning proposals accordingly. Area Development Trends: Ad. jacent property to the north and west is zoned Residential (R-12) and is vacant. Adjacent properly 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. iDe.veIopment Standards: The applicant has proffered a maximum of seven (7) lots on 6.6 acres, yielding a density of approximately 1. I 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). I'n addition, the applicant has agreed to a minimum lot size of t 5,000 square feet. (Proffered 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) Dwelling Size: The applicant has submitted a proffered condition which requires ami. nimun~ gross fl. oor 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 (Proll~red Condition 13). In addition, a twenty-five (25) foot tree preservation strip is to be maintained along the w'estern boundary of the common open space (Proffered Condition. 1.4). The tree preservation strip will 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 imegrity 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' o:f a homeowners' associatkm, CONCLUSIONS The proposed zoning and land use conform to the Upper Swift Creek Plan which suggests the property is appropriate Ibr residential use of 2.0 units per acre or less and are representative of !')5SN O127-F :,.'.B23-B()S existing and anticipated development. In addition, the pmffcre, d conditions address the impacts of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan, Specifically~ the needs f.br roads, schools, parks, libraries and fire stations is identified in the Public Facilities Plan, the Thoroughfare Plan and the ~apital Improvemem 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 (i 2/13/04): The applicanI accepted staff's recommendation, but did not accept the Commission's recommendatiom 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 t~cilities and increased sedimentation in area streams and the Swill (;reek Reservoir. Als(), requests were made to defer action until the mnended ~ 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. tte suggested that cases should not be acted upon until such thne 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, Gutley, the Commission recommended denial of this request. AYES: Messrs. Gecker, Bass and Gulley. ABSTENTION: Mr. Litton ABSENT: Mr. Wilson 1. 5 05 SN 0 t 27,.,.FEB 23-t3 OS Board of Supervisors' Meeting ( 1/26/05): On their own motion, the Board deferred this case to February 23, 2005. Staff (1/27/05): The applicant was advised in writing that any significant, new or revised infbrmation should be submitted no later than January 31,2005, lbr consideration at the Bom'd's February public hearing. Staff(2~1~05): To date, no new information has been submitted. The Board of Supervisors, on Wednesday, February 23, 2005, beginning at 7:00 pEm., will take under consideration this request. t6 05SN0127-FEB23-B()S