Loading...
05SN0172-Mar9.pdfFebr'~005 CPC March 9, 2005 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 05SN0172 Stephen Thomas Clover Itill Magisterial District Providence Elementary~ Providence Middle and Monacan High School Zones 10114 West Providence Road REQUEST: Rezoning fi-om Agricultural (A) to Residenlial (R.-12), iPROPOSED LAND USE: A single family residential development containing a maximum of twent?five (25) lots is propose& yielding a density of approximately 1~4 units per acre. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF TItE PROFFERED CONDITIONS ON PAGES 2 THROUGH 9. STAFF RECOMMENDATION' Recommend approval for the following reasons: The proposed zoning and laud use comply with the Northern Area Plm~. which suggests the prolperty is appropriate J~br medium residential use of 1.5 t to 4.0 units per acre. The proposed zoning and land use are representative of existing and anticipated area development. Proffered conditions adequately address the impact of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan, Specifically~ the need for transportation, schools, parks, Providing 2t FIRST (3lC)iCE community through excellence in public service libraries and fire stations is identified in tine County's adopted. Public Facilities Plan. Thorouahfare Plan and Capital Improvement Proara~,Lgn m~d the impact of this development is discussed herein. The proffered conditions mitigate the impact on. capital facilities, thereby ensuring that adequate service levels are maintained as necessary to protect the health, safety and welfare of County citizens. (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. Tt. tE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH' STAFF AND THE COMMISSION. CONDITIONS WFI'tt ONLY A "STAFF'* ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS (STAFF/CPC) 1. Public water and waste water systems shall be used. (U) (STAFF/CPC) 2. The applicant, subdivider, or assignee(s) shall .pay the following, fbr infrastructure improvements within the service district for the property, to the county of Chesterfield prior to the issuance of building permi t: $ti,500.00 per dwelling unit, if paid .prior to July 1, 2005; or The amount approved by the Board of Supervisors not to exceed $i1,500.00 per dwelling unit adjusted upward by an.y increase in the Marshall and Swift building cost index betwee:n July 1~ 2004, and July 1 of the fiscal year in which the paym.ent is made if paid after June 30~ 200~. In the event the cash paym. ent is not used tbr wh. icl~ proflkred within t5 years of receipt, the cash shall be returned in full to the payor. (B&M) (STAFF/CPC) 3. Development shall be limited to twenty-live (25) tots. (P) (~ 1 Al. ["/CPC) 4. Manufactured homes shall not be permitted. (P) (STAFF/CPC) The minimum lot size shall be 15,000 square feet. Provided thrther that the minimum lot size of any lot immediately adjacent to Eagtewood Subdivision Section i shall be 43,560 square i'eet. (P.) (STAFF/CPC) The minimum gross floor area tbr dwelling units shall be 2000 square feet. (P) 2 05SN0 t 72*MAR%BOS (S FAi~.F; CPC) (STAFF/CPC) (STAFt,,/CI C) (S FAF F, CPC) (STAFIVCPC) o 10. ll. All exposed portions of the lbundation of each new d~etling unit shall be :lkc. ed with brick or stone veneer. Exposed piers supporting fi'ont porches shall be faced with brick or stone veneer. ([5/t & P) Except :tbr timbering approved by the Virginia State Department of Forestry tbr the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land. disturbance permit has been obtained t?om the Environmental Engineering Department and the approved devices installed, (EE) Direct access I?o'm the properly to Providence Road shall be limited to one (1) public road. The exact location of this access shall be approved by the Transportation Department' (T) In cmliunction with recordation of the initial subdivision plat, forty-five (45) f~eet of right-of-way along the north side of Providence Road, measured f?om the centerline of that part of the roadway immediately a4jacent to the property, shall be dedicate& free and unrestricted, to and fbr the benefit of Chesterfield County (T) To provide an adequate roadway system, the developer shall be responsible fbr the :tbltowing improvements. Construction of additional pavement along Providence Road at the ap.proved access to provide a right turn lane, if warranted, based on Transportation Department standards. Widening/improving the north side of Providence Road to an eleven (1 I) foot wide travel lane, measured :from the existing center.line of the road, with an additional one (1) ibot wide paved shoulder plus a seven (7) l.bot wide unpaved shoulder, mad overlaying tile full width of thc road with one and one-half (1 ½) inch of compacted bituminous asphalt concrete, with any modifications approved by the Transportation Department, tbr the entire property fi*ontage. Dedication to Chesterfield County, free and unrestricted, any additional right-ot;way (or casements) required for the improvements identified above. In the event the developer is unable to acquire any "off-site" right-of-,~vay that is necessary for any improvement described in prof~br condition t 1, the developer may request, in writing, that the County acquire such right-of-way as a public road improvement. Alt costs associated with the acquisition of' the righ. t~o:f-way shall be borne by the developer, h~ the 3 05SN0'172-.MAR9-BOS (S~IS~FF/CPC) (STAFF/CPC) event the County chooses not to assist the developer in. acquisition of the "off-site" right-ot:way, the developer shall be relieved of the obligation to acquire the "of't;site" right-ot!-way and shall provide the road improvements within available right-of-way as determined by the Transportation Department. (T) Prior to any construction plan approval, a phasing plan. t;or the required road improvements, as identified in Proffered Condition 11, shall be submitted to m~d approved by the Transportation DepartmenL (T) At a minim'urn the tbllowing restrictive covenants shall be recorded in conjunction with the recordation o:f any subdivision plat: Architectural Board -The Architectural Board shall have exclusive jurisdiction over ali original construction, modifications. additions or alterations made on. any lot. It shall prepare shati promulgate design and development guidelines and application and review procedures, all as part of the design and environmental standards. The standards shall incorporate ali restrictions and guidelines relating to development and construction coma/ned in this Declaration as well as restrictions and guidelines with respect' to location of structures upon property, size of structures, driveway and parking requirements, ibundations and Iength of structures. Copies shall be available from the Architectural Board for review. Th.e guidelines and procedures shall be those of the Architectural Board shall have sole and full authority to prepare and to amend the standards available to Owners, builders, and developers who seek to engage in development of or construction upon property within their operations strictly in accordance fherewith. The Architectural Board shall consist of three (3) members, all appointed by the Declarant. At such times as fifty )ercent (150%) of all property within subject property has been developed, improve& and conveyed to purchasers in the normal course of development and sale Declarm~t shall have the right to appoint a maximum of two (2) additional members. At no time shatt tl~e Architectural Board have :fewer than three members. The declarant may, at his option, delegate to the Board his right to appoint one or more members of the Architectural Boar& Mailboxes - Every improved tot shall be required to have a maii'box with. supporting post and post light of design and installation as specified in the standards. Each lot owner shall be 4 05SN0172-MAR%BOS responsible t.br the maintenance and operation of the fixture, support, and mailbox. Parking .~.... Each property owner shall provide space :fbr the parking o:t' automobiles off public streets pr/or to the occupancy of any building or structure constructed on said property in accordance with the standards. Signs - No signs shall be erected or maintained oil any property by m~yone 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 identi:fication and like signs no~ exceeding a combined total of more than one (1.) square fbot may be erected without the written permission of the Declarant or the Association. Condition of Ground -~. It shall be the responsibility of each property owner and tenant to prevent the development of any unclean, unsightly, or unkempt conditions of buildings or grounds on such property, which shall tend to substantially decrease the beauty of the neighborhood as a whole or the specific area. Minimum Square Footage - No plan required under these Covenants w'ill 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 lbr each tot will be specified in each sales contract and stipulated i.n each deed. The term "enclosed dwelling area" as used in these minimum size requirements does not include garages, terraces, decks, open pomhes, ~md the like areas. Residential Use- All lots shall be used for residential purposes exclusively. The use of a portion ora dwelling o~l a Iot as an office by the owner or temmts 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 a~'ter provided, shall be erected, altered, placed, or permitted to remain on any lot other than one (i) detached single f}unilv dwelling and one (1) accessory building vT'hich include a detached private garage, provided the use of such accessory buildiug does not overcrowd the site and provided furl'her that such building is not used :for any activity normally conducted as 5 05SNO172~MAR%B()S business. Such accessory building may not be constructed prior to the construction of the main building. A guest suite or like ~hcility 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 wo'uld not result in overcrowding of the site. Th.e provisions of this paragraph shall not proh. ibit the Developer fi'om 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 (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. Houses and other dwelling structures may not be temporarily or permanently occupied until the exteriors thereof have been completed. During the continuance of construction thc owner of the tot shall require the contractor to maintain th.e lot in a reasonable clean and uncluttered condition. 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 visi'ble ii'om adjacent properties. Temporary Structures -~ No structure oft' a temporary character shall be placed upon an.y 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 m~y 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. ~'"~ 5SN o 172~;.MA R9- Antennas -.,. Except as otherwise provided by applicable law, no television antenna, radio receiver or sender, or other similar device shall be attached to or installed on the ~xterior portion of any building or structure or any tot, except as permitted by applicabl~ law and except that should cable television, services be unavailable and good television reception not be oth.erw, ise available, a Iot owner may make written application to the Board for permission to install a television, antenna an.d such permission shall not be unreasonably withheld. Further Subdivision - N'o lot shall be subdivided or its boundary lines changed, nor shall applications fbr same be made to Ch.esterfield County, except with the written consent of the Declarant. However, the Declarant hereby expressly reserves to itself'., its successors, or assigns the righl to reptat any lot or lots owned by it and shown on the plat of any subdivision; in order to create a modified building Iot or a repiatted lot suitable and fit as a building site including, but not limited to, the recreational thcilities, and other amenities to conIbrm 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 sm.ailest lot shown on the :first plat of subdivision. However the interpretation o:f the paragraph shall not prohibit the combining of two (2) or more contiguous lots into one (1) larger lot, only the ex~er/or boundary lines of the resulting larger lot shall be considered in the interpretation of these covenants. Animals - Only common household pet animals shall be permitted. All pet animals must be secured by a leash or lead, or be under the control of a responsible person and obedient to that person's commm~d 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. Motor Bikes Att Terrain Vehicles .~ No motor bikes, motorcycles, or alt terrain vehicIes 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 l.br direct ingress and egress purposes only. External Lighting- No external lighting shall be installed or utilized on any property, which is of such character, intensitv, or location as to interfere with the use, e~!ioym.ent' and privacy oi' any lot or owner in the near vicinity. N'o neon or flashing lights shalI b~ permitted. All external lighting shall be approved by ~he 7 05SN'(tt72-MAR%B()S (S TAFF/CPC) 15. (STAFF/CPC) 16. (STAFF/CPC) t 7, (STAFF/CPC) 18. Location: The existi~g gravel driveway that serves ]'ax ID 749-693-1.023 shall be relocated a ln. inimum o:f ninety (90) i~et. north of West Providence Road to provide access from Tax ID 749-639-t 023 to the proposed public mad serving the subject property. Plans depicting this relocation shall be approved by the Planning Department at time of tentative subdivision plan review. The relocated driveway shall be installed prior to the recordation of any subdivision plat. (P) Drainage from the impervious surthces of rootk and driveways on Jots abutting Tax ID 749-693-t023 shall outfall into a swale provided for this purpose along the eastern property line of Tax ID 749-693- t 0_.~. (EE) The developer shall be responsible for notif?'ing by registere& certified or first class mail the owner of TAX ID 7486936232 oi" the submission of any tentative subdivision plans lbr the development. Such notification shall occur as soon as practical, but in. no event less than twenty-one (2I) days prior to the approval of such plans. The developer shall provide the Planning Department with evidence that such notice was sent. (P) In conjunction with land disturbance and with permission of ~h.e owner of TAX ID 749-693~ t 023? the ex/sting driveway culvert and associated drainage ditches on TAX ID 749-693-t023 shall, be analyzed and improved to Chesterfield County Standards. (EEl) GENERAL INFORMATION Property known as t0114 West Providence Road. Tax ID 749-693~I457 (Sheet 10). Additional intbrm.ation regarding this request is available in the Planning Department (Room 203) tit the Chesterfield. Connty Administration Building, Chesterfield, Virginia between the hours of 8:30 A.M. and 5:00 P.M. of each regular business day. Yot~ mav also contact the Planning Department at 748-1050. ~ ~ 05SN0172~MAR9-B( )S CASE HISTORY Applicant (2/1. 4/05 and 2/16/05): in response to concerns of adjacent properp~ owners, thc applicant submitted additional p o~lers. .Plannina Corn.mission Meeting ?' ' · = (~/1%05): The applicant accepted the recommendation, There was opposition present. An adjacent property owner expressed concern about the drainage and creek erosion on her property. Mr. Gutley indicated that the p:roftkrs address the drainage concerns. On motion of Mr. Gutley, seconded by Mr. Gccker, the Commission recommended approval and acceptance of the profliered conditions on pages 2 through 9. AYES: bnmnmous. The .Bom-d of Supervisors, on Wednesday, March 9, 2005, beginning at 7:00 p.m., will take under consideration this request. ' i 0 05 SN 0172- MAR9... B(...) S ! !