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94SN0174July 27, 1994 BS REQUEST ANALYSIS AND RECOMMENDATION 94SN0174 (AMENDED) Cross Creek Development Corporation Clover Hill Magisterial ~istrict North line of Lucks Lane REQUEST: (AMENDED) Rezoning from Agricultural (A) to Residential (R-12). PROPOSED LAND USE: A forty-seven (47) lot single family residential subdivision with a minimum lot size of 12,000 square feet is planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL. AYES: MESSRS. MARSH, CUNNINGHAM, GULLEY AND MILLER. ABSTAIN: MR. EASTER. STAFF RECOMMENDATION Recommend approval for the,following reasons: The proposed zoning and land use, coupled with the proffered conditions, conforms to the Powhite/Route 288 Development Area Land Use and Transportation Plan, which designates the request property for residential use of 1.51 to 4.0 units per acre. Specifically, based upon Proffered Condition 3, restricting development to a maximum of forty-seven (47) lots, density will be approximately 1.8 dwelling units per acre. Bo The proposed zoning and land use conforms to existing &nd anticipated area residential development patterns. Co The proffered conditions address impacts on transportation, capital facilities, utilities and drainage, as outlined herein. (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE 'COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS (STAFF) 1. At time of recordation of the first subdivision pIht, forty-five (45) feet of fight of way on the north side of Lucks Lane, measured from the centerline of that part of Lucks Lane immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (STAFF) 2. Access to Lucks Lane shall be limited to one (1) public road. This public road shall align the easternmost intersection of Smoketree South Parkway onto Lucks Lane. The exact location of this access shall be approved by the Transportation Department. (STAFF) 3. A maximum of forty-seven (47) lots shall be permitted. (STAFF) 4. To provide for an adequate roadway system, the developer shall be responsible for the following: Ao Construction of additional pavement along Lucks Lane at the approved access to provide a fight-turn lane. Dedication to Chesterfield County, free and unrestricted, any additional fight of way or easements required for the improvement described above. (STAFF) 5. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the time of building permit applications for infrastructure improvements within the service district for the property: A. $5,043 per lot, if paid on or prior to June 30, 1994; or The amount approved by the Board of Supervisors not to exceed $5,043 per lot adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 1993, and July 1 94SN0174/WP/JULY27G (STAFF) (STAFF) (STAFF) (STAFF) (STAFF) (STAFF) (STAFF) o o o t0. 11. 12. of the fiscal year in which the payment is made if paid after June 30, 1994. Public water and sewer shall be used. With the exception of timbering to remove dead or diseased trees which have been approved by the Virginia State Department of Forestry, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices installed. A dam failure analysis of Walton Lakes will be performed and no homes will be located closer than twenty (20) feet to the limits of the dam failure inundation. Any lot located within 250 feet of Lot 7, Smoketree Ridge Subdivision and Lot 26 of The Pointe Subdivision and such lot is adjacent to the 100 year flood plain of Falling Creek shall conform to the following requirements: Ao All such lots shall have a minimum of 15,000 square feet. All dwelling units on such lots shall have a minimum of 2,000 gross square feet. Except as stated in Proffered Condition 9 all dwelling units shall have a minimum of 1,600 gross square feet. The developer shall notify the last known Presidents of the Smoketree, Smoketree Ridge and The Pointe Homeowners Association plus all adjacent property owners prior to tentative subdivision submission to the County. In conj unction with the recordation of any subdivision plat the following Declaration of Restrictions shall be recorded: THE OWNERS do hereby dee'are that said property is to be held, owned, conveyed, used and occupied subject to the following, restrictive covenants: An Architectural Review Committee, hereinafter called "ARC", shall be comprised of the developer, their heirs, personal representatives, successors, and assigns, any of which may act. The ARC shall coordinate each residence and lot and shall 3 94SN0174/WP/JULY27G establish reasonable rules and regulations relating to the procedure for architectural approvals and general guidelines for architectural plans for the subdivision.The Arc shall not be liable to' any Owner or to any other person on account of any claim, liability, 'damage, or expense suffered or incurred by or threatened against an Owner or such other person arising out of or in any way relating to the subject matter of any review, acceptances, inspections, permissions, consents, or required approvals which must be obtained for the ARC whether given, granted, or withheld. No Improvements, either permanent or temporary, alterations, repairs, changes in color, excavations, changes in grade, major landscaping, or other work which in any way alters the exterior appearance of any Lot or improvement located thereon from its natural or improved state existing on the date such Lot was first conveyed in fee by the developer to an owner (including clearance of trees and vegetation, driveways, entrance ways, fences, mailboxes, and lamp post structures), shall be made or done until the plans, specifications, working drawings, and proposals for the same showing the nature, kind, shape, type, color, materials, and location of the improvements on the Lot and a landscaping plan shall have been submitted to and approved in writing as to harmony of external design and location in relations to surrounding structures, topography, and applicable governmental requirements by the ARC. o All easements along road frontage and lot lines as shown on the aforesaid subdivision plat are hereby reserved unto the developer, his personal representatives, heirs, assigns, or agents, for the purpose of drainage or furnishing light, telephone or any other utility to the property. 4. Lots shall be occupied and used as follows: ao Lots shall be used for private residential purposes only and no building of any kind whatsoever shall be erected or maintained thereon except for: One private dwelling house with each dwelling being designated for occupancy by a single family. Private garages for the sole use of the respective owners of the Lots upon which such garages are erected. 4 94SN0174/WP/JULY27G A single building for the storage of non-commercial vehicles, boats, equipment, and tools used in maintenance of the Lot upon which erected. o No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any Lot at any time as a residence either temporarily or permanently. The construction of any structure on a Lot shall be completed with a period of nine (9) months after the beginning of construction. During construction, the Lot shall be maintained in a clean and uncluttered condition, free of unnecessary accumulation of waste and building debris. It is the responsibility of each Owner to prevent the development of any unclean, unsightly, or unkept condition of buildings or grounds on his Lot. All improvements on each Lot shall be kept in good repair, and, where necessary, painted on a regular basis. No portion of the Property shall be used or maintained as a dumping ground for rubbish. Outdoor burning of leaves, trash, or other debris shall not be permitted. All trash, garbage, and other waste shall be kept in sanitary containers which shall be surrounded by wooden screening with such screening being approved by the ARC, or otherwise out of sight from the street. No nuisance or offensive activity shall be permitted or maintained upon any Lot, nor shall any poultry, hogs, rabbits, cattle, or other livestock be kept thereon with the exception of dogs, cats, or other normal household animals kept as pets thereon in numbers not exceeding those permitted by the law provided they are not kept, bred or maintained for any commercial purposes, and must be kept under control of their owner when outside owner's premises, nor constitute a nuisance in the opinion of the ARC, his successors or assigns. No use shall be made of any LOt which will depreciate or 'adversely affect the surrounding Lots or the Property. No dwelling house shall be er. .cted upon any Lot with a total floor or living space, exclusive of basements, porches, breezeways, garages, and unfinished storage spaces of less than: 1600 square feet or as otherwise restricted by the zoning ordinance, 5 94SN0174/WP/JULY27G 10. 11. I2. 13. 14. 15. 16. 17. The median house size in the subdivision shall be 1800 gross square feet. At least twelve (12) dwelling units in the subdivision shall have a minimum of a one car attached garage. This garage must be converted to living space upon approval of the ARC. No Lot shall be further subdivided for the purpose of creating any additional lots. Except for emergencies, which emergencies must be proven to the satisfaction of the ARC, no trees with a diameter of six (6) inches or more, measured two (2) feet from the ground, flowering trees, shrubs, or evergreens may be cleared from any Lot without prior written permission of the ARC. In the event a Lot Owner violates this covenant, the Lot Owner will be fined $25.00 per inch for every such tree removed and it shall be assumed that each tree had a diameter of twelve (12) inches. No commercially licensed vehicles, motor vehicles, recreational vehicles, boats, disabled vehicles, vehicles without a current state license or state inspection sticker, machinery, or other equipment shall be visible from the street for a period exceeding twenty-four (24) hours. Any screening of such vehicles must be approved by the ARC. This covenant shall not apply to vehicles and equipment used in connection with construction upon Lots, while such construction is in progress, or in connection with the development of the Property. If shall be the responsibility of each Owner to construct and maintain suitable and adequate parking space on his Lot and all vehicles shall be parked thereon. The operation of unlicensed motor bikes, ATV's, and motorcycles on the lots and entrance area shall be subject to regulation by the Owners and may be prohibited entirely. No external illumination on any LOt shall be of such a character or intensity or so located as to interfere with any other Owner's use or enjoyment of his LOt. No neon or flashing lights shall be permitted. All external lighting must be approved as to size and intensity by the ARC. Except during construction, no signs of any kind shall be displayed to the public view on any lot except: 6 94SN0174/WP/JULY27G 18. 19. 20. 21. 22. 23. One sign not exceeding four (4) square feet in area used for the purpose of advertising the Lot for sate or rent: and One sign not exceeding four (4) square feet in area which identify the resident occupying the Lot, the name of the Lot, or both. No temporary, portable, or above-ground swimming pools may be erected on any Lot. No outside antennas, television or otherwise, shall be permitted; provided, however, that until cablevision television becomes available to the Property, exterior television antennas shall be permitted, provided that they do not extend more than five (5) feet past the roof line of any dwelling. No satellite dishes shall be visible from the street. No construction shall be permitted without appropriate erosion control so as to prevent the discharge of any soil or other materials onto any other Lot or Common Area. The ARC may establish reasonable rules and regulations establishing a maximum percentage of any Lot which may be covered by a building, driveway, or other structure. No building shall be situated on any lot in violation of the applicable zoning ordinance in effect at the time permitted between the residence and street line. Split rail fences or other wooden fences may be built between the rear of the house and the rear lot line. The split rail fences may be backed with wire to provide animal retention. There shall be no chain link fences permitted. No shrubs,, trees, fences or structures of any type shall be erected which may partially or fully block vehicular sight distance, as set forth in the Virginia Highway Department regulations, on any roadway in the subdivision. No Lot owner shall disturb or siltate shoulder, backslopes, ditches, pavement, curb and gutter, driveway culverts, or any other improvements within the public right-of-way. Each Lot Owner agrees to be responsible for disturbances, damages, and/or siltation caused by themselves, their employees, suppliers, contractors, or others, and shall have fourteen (14) days.from the receipt of a letter from the developer and/or the ARC to correct the damage. If a Lot Owner fails to correct the damage in a workmanlike manner, then the developer or its assigns shall have the right to 7 94SN0174/WP/JULY27G 24. 25. 26. 27. 28. 29. correct the damage and bill the Lot Owner directly on a cost-plus- fifty-percent (50%) basis. If a Lot Owner does not make payment within thirty (30) days of presentation of the bill, a two percent (2%) per month service.charge shall be applied to such bill. Any 'one or more of the Covenants and Restrictions imposed in Paragraphs 1 thru 23 hereof may be waived, modified, or rescinded, in whole or in part, as to all of the Property or any LOt, by written instrument of the ARC. Invalidation of any of these covenants and conditions, by court adjudication or otherwise shall in no way modify, affect, or invalidate any of the other covenants and conditions contained herein which sha!t remain in full force and effect. Each and every covenant and condition herein imposed may be enforced by the undersigned or the owner of any lot by appropriate proceedings at law or in equity against any party violating or attempting or threatening to violate the same to prevent or rectify such violation and/or recover damages therefore. The failure of an owner or the undersigned to bring any such proceeding shall not be considered as a waiver of any rights at law or in equity that any such party may have for past or future violation of any covenant herein contained. These covenants and conditions are to run with the land and shall be binding upon subsequent owner or owners and all parties claiming through or under such owner or owners for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive period of ten (10) years unless an instrument signed by a majority of the owners of the Lots has been recorded, revoking said covenants, or agreeing to change said covenants in whole or in pan. Each lot owner shall keep his lot and all improvements thereon in good order and repair and free of debris including, but not limited to the seeding, watering and mowing of ali lawns, the pruning and cutting of all trees and shrubbery, all in a manner and with such frequency s is consistent with good property management. Any floodplain area not located within the boundaries of a lot shall be dedicated to Walton Lake Homeowners Association and/or their assigns. 8 94SN0174/WP/JULY27G GENERAL INFORMATION Location: Fronts the north line of Lucks Lane across from Smoketree South Parkway. 26-15 (1) Part of Parcel 15 and Tax Map 37-3 (1) Parcel 7 (Sheets 7 and 13). Existing Zoning: A Tax Map Size: 26.2 acres Existing Land Use: Vacant Adjacent Zoning & Land Use: North - R-12; Single family residential or vacant South - A and R-7; Single family residential, public/semi-public (church) or vacant East - A, R-9 and R-12; Single family residential or vacant West - A and R-12; Single family residential or vacant PUBLIC FACILITIES Utilities: Water There is an existing 16" water main that fronts the request site along Lucks Lane. The applicant has proffered to use the public water system (Proffered Condition 6). 'Results of a computer simulated flow test indicate that sufficient flow and pressure should be available to meet domestic and fire protection demands of the proposed use. Fire flow requirements are established and coordinated through the Fire Administration. Wastewater There is an existing 36" wastewater line located on-site of the request site. The applicant has proffered to use the public wastewater system (Proffered Condition 6). The results 9 94SN0174/WP/JULY27G of a computer simulated hydraulic analysis indicate that sufficient capacity should be available to accommodate the domestic waste flow generated by the proposed use. Environmenta.__..._21: Drainage and Erosion Site lies adjacent to Falling Creek. The majority of the property drains directly into Falling Creek. There are no existing or anticipated on- or off-site drainage or erosion problems. It may be necessary to obtain off-site easements to cc ntrol runoff. Further, to preclude any erosion control ~roblems which may be associated with timbering the property prior to subdivision approval, there should be no timbering until a land disturbance permit has been issued. This will insure that proper erosion control measures are in place prior to any timbering and related land disturbance (Proffered Condition 7).~ In addition, the applicant has proffered a condition requiring a dam failure analysis of Walton Lake and restricts the location of homes relative to the limits of the dam failure inundation. (Proffered Condition 8) Fire Service: Wagstaff Fire Station, Company/gl0. Provide County water and fire hydrant placement for fire protection purposes in compliance with nationally recognized standards (i.e., National Fire Protection Association and Insurance Services Office). The proposed zoning and land uses will generate additional need for fire protection services. Proffers have been received to address this need. (Proffered Condition 5) Schools: Approximately twenty-seven (27) school age children will be generated by this development. The site lies in the Gordon Elementary School attendance zone: capacity - 761, enrollment - 711; Midlothian Middle School zone: capacity - 1,350, enrollment - 1,212; and Monacan High School zone: capacity - 1,750, enrollment -1,782. This development will have an impact on area schools. The applicant has agreed to participate in the cost of providing for area school needs. (Proffered Condition 5) The applicant has proffered that the maximum density of this development will be forty- seven (47) residential lots (Proffered Condition 3). Development is anticipated to generate approximately 510 average dally trips. These vehicles will be distributed along Lucks Lane which had a 1992 traffic count of 6,317 vehicles per day. 10 94SN0174/WP/JULY27G The Thoroughfare Plan identifies Lucks Lane as a major arterial with a recommended right-of-way width of ninety (90) feet. The applicant has proffered to dedicate forty-five (45) feet of right-of-way measured from the centerline of Lucks Lane in accordance with that Plan. (Proffered Condition 1) Access to major arterials such as Lucks Lane should be controlled. The applicant has proffered that access to Lucks Lane will be limited to one (1) public road (Proffered Condition 2). This access will align the easternmost intersection of Smoketree South Parkway onto Lucks l_z.ne. Mitigating road improvements must be provided for the requested density. The applicant has proffered to construct additional pavement along Lucks Lane at the approved access to provide a right-mm lane. (Proffered Condition 4) Area roads need to be improved to accommodate an increase in traffic generated by this development. The applicant has proffered to contribute cash towards "off-site" road improvements in accordance with the Board's policy. (Proffered Condition 5) At time of tentative subdivision review, specific recommendations will be provided regarding stub road rights-of-way to adjacent properties. Fiscal Impacts: PER UNIT Potential # New Dwelling Units 47 * 1.00 Population Increase 131.6 2.8 Number New Students Elementary 14 0.29 Middle 6 0.13 High 7 0.15 Total '"' 27 0.58 Net Cost for Schools 105,327 2,241 Net Cost for Parks 19,834 422 Net Cost for Libraries 6,768 144 Net Cost for Fire Stations 9,682 206 Average Net Cost Roads 100,721 2,143 Total Net Cost 242,332 5,156 (excluding roads) i 1 94S NO 174/WP/JULY27G *Based on proffered density. The proposed zoning and land use will have a fiscal impact on capital facilities. Consistent with the Board of Supervisors' policy, the applicant has offered cash proffers to address the impact of this proposed zoning on such capital facilities. (Proffered Condition 5) LAND USE General Plan: Lies within the boundaries of the Powhite/Route 288 Development Area Land Use and Transportation Plan, which designates the property for residential use of from 1.51 to 4.0 units per acre. Area D~,velopment Trends: Area development is characterized by agricultural and residential zoning and single family residential land uses. Walton Lake and Smoketree Ridge Subdivisions are lOCated to the north and are zoned Residential (R-12). Smoketree South Subdivision is located to the south, across Lucks Lane and is zoned Residential (R-7). Spirea Subdivision is located to the east and is zoned Residential (R-9). The Pointe and Gladstone Glen Subdivisions are located to the west and southwest and are zoned Residential (R-12 and R-7). Adjacent parcels to the south along the north line of Lucks Lane are zoned Agricultural (A) and are occupied by single family residential uses, a church or remain vacant. Conclusions: The proposed zoning and land use, coupled with the proffered conditions, conforms to the Powhite/Route 288 Development Area Land Use and Transportation Plan, which designates the request property for residential use of 1.51 to 4.0 units per acre. Based upon Proffered Condition 3 which limits development to a maximum of forty-seven (47) lots, density will be approximately 1.8 units per acre. In addition, the proposed zoning and land use conforms to existing and anticipated area residential development patterns. · The proffered conditions address impacts on transportation, capital facilities, utilities and drainage. Therefore, approval of this request is recommended. It should be noted with respect to Proffered Condition 12, the requirement is only that the restrictive covenants be recorded. The County will not be responsible for enforcement of the covenants. Once recorded, there is nothing to preclude the covenants from being eliminated or amended. Planning Commission Meeting (2/15/94): At the request of the applicant, the Commission deferred this case for sixty (60) days to allow the applicant time to address citizen concerns. .-.- _ 12 ~_.._~94SN0174/WP/JULY27G Staft (2/16/94): The applicant was advised in writing that any significant new or revised information should be submitted no later than February 28, 1994, for consideration at the Commission's April 26, 1994, public hearing. Also, the applicant was advised that a $50.00 deferral fee must be paid prior to the Commission's April 26, 1994, meeting. Applicant, Area Residents, Clover Hill District Commissioner and Staff (2/17/94): A meeting was held to discuss the proposal. Concerns were raised relative to drainage, transportation impacts, schools, and proposed lot and house sizes. Applicant (3/9/94): The $50 deferral fee was paid. Staff (3/14/94): To date, no new information has been received. Planning Commission Meeting (4/26/94): At the request of the applicant, the Commission deferred this case for sixty (60) days. Staff (4/27/94): The applicant was advised in writing that any significant new or revised information should be submitted no later tlr, m May 4, 1994, for consideration at the Commission's June public hearing. The applicant was also advised that a $50 deferral fee was due. Applicant (4/28/94): The $50 deferral fee was paid. Applicant (5/11/94): The application was amended to seek R-12 zoning and additional proffered conditions were submitted. 13 94SN0174/WP/JULY27G ROAD PARK- 'WALTON N ~ ~MOKETRE.E 94. S NO 174(AMENDED )! :A TO R-12 ;H. 7 ti& i.5 '",4 -* / / July 27, 1994 BS ADDENDUM 94SN0174 (AMENDED) Cross Creek Development Corporation Clover Hill Magisterial District North line of Lucks Lane REOLIEST: (AMENDED) Rezoning from Agricultural (A) to Residential (R-12). On July 26, 1994, the applicant submitted revised Proffered Conditions 3, 10, 12.9, 12.10, 12.19 and 12.30. These proffers reduce the total number of lots proposed from forty-seven (47) to forty-five (45); further address the size of dwelling units and specific locations of dwelling units; and require that garages not be counted toward the gross square footage of dwelling units. Changes to Proffered Condition 12 relating to restrictive covenants relate to dwelling sizes; satellite dish sizes; and the recordation of the Falling Creek floodplain as an open space easement. As noted in the "Request Analysis," the only requirement is that the restrictive covenants be recorded. The County will only require that the covenants be recorded and will not be responsible for their enforcement. Further, once recorded, the restrictive covenants may be changed. PROFFERED CONDITIONS 3. A maximum of forty-five (45) lots shall be permitted. 10. Except as stated in Proffered Condition 9, all other dwelling units shall conform to the following requirements: A maximum of seven (7) dwelling units shall be permitted which have 1,600 gross square feet exclusive of garages. These dwelling units shall not be located on lots adjacent to the Falling Creek 100 year floodplain. be At a minimum, one (1) dwelling unit having a gross square footage of 2,000 exclusive of garages shall be located on a lot which is within 220 feet of Lucks Lane. All other dwelling units shall have a minimum of 1,800 gross square feet exclusive of garages. 12.9. 12.10. 12.19. 12.30. Any lot located within 250 feet of Lot 7, Smoketree Ridge Subdivision and Lot 26 of The Pointe Subdivision and such lot is adjacent to the 100 year floodplain of Falling Creek shall conform to the following requirements: A. All such lots shall have a minimum of 15,000 square feet. Be All dwelling units on such lots shall have a minimum of 2,000 gross square feet exclusive of garages. No dwelling house shall be erected upon any Lot with a total floor or living space, exclusive of basements, porches, breezeways, garages, and unfinished storage spaces of less than: 1600 square feet or as otherwise restricted by the zoning ordinance on a maximum of (7) Lots not adjacent to the Falling Creek 100 year floodplain. All other dwelling units shall have a minimum of 1800 square feet or as otherwise restricted by the zoning ordinance or zoning conditions. No outside antennas, television or otherwise, shall be permitted; provided, however, that until cablevision television becomes available to the Property, exterior television antennas shall be permitted, provided that they do not extend more than five (5) feet past the roof line of any dwelling. No satellite dishes in excess of 2' diameter shall be permitted. The Falling Creek floodplain shall be recorded as open space and shall fully meet the Standards for Classification of Real Estate as Devoted to Open Space Use under the Virginia Land Use Assessment Law, as amended, adopted by the Director of the Department of Conservation and Historic Resources under the authority of Section 58.1-3229 et. seq. of the Code of Virginia. 2 94SN0174/WP/JULY27GG