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05SN0128-Aug24.pdf December 13, 2001 CPC January 26, 2005 BS February 23, 2005 BS August 24, 2005 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDA nON 05SNOl28 Glen Abbey Partners LLC Matoaca Magisterial District Grange Hall Elementary, Swift Creek Middle, and Clover Hill High School Attendance Zones Northeast line of Otter dale 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. PROPOSED LAND USE: A single family residential subdivision with a maximum of 151 lots is planned, yielding a density of2.0 dwelling units per acre. In addition, recreation facilities 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: A. The proposed zoning and land use conform to the Upper Swift Creek Plan which suggests the property is appropriate for residential use of2.0 units per acre or less. Providing a FIRST CHOICE community through excellence in public service B. The proposed zoning and land use are representative of existing and anticipated area development. C. The proffered conditions address the impacts of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries and fire stations is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program and the impact of this development is discussed herein. The proffered conditions adequately mitigate the impact on capital facilities, thereby ensuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. (NOTE: THE ONLY CONDITION THAT CAN BE IMPOSED ON THE REZONING TO R-12 IS A BUFFER CONDITION. CONDITIONS MAYBE IMPOSED ON THE CONDITIONAL USE. THE PROPERTY OWNER MAY PROFFER OTHER CONDITIONS. THE CONDITIONS NOTED WITH "ST AFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONL Y 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 ofthe Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the Property known as Chesterfield County Tax Identification Number 709-672-8088, 709-673-9924, 710-672-1082, 710- 673-1868, and 711-675-0131 (the "Property") under consideration will be developed according to the following conditions if, 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. (STAFF) 2. (STAFF) 3. Density. A maximum of 151 lots shall be permitted. (P) Utilities. The public water and wastewater systems shall be used, except for sales facilities and/or construction offices. (U) 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) 2 OSSN0128-AUG24-BOS (STAFF) (STAFF) (STAFF) (STAFF) (STAFF) 4. 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. A. Forty-five (45) feet of right-of-way on the east side of Otter dale Road, measured from the centerline of that part of Otterdale Road immediately adjacent to the Property. B. Forty-five (45) feet of right-of-way on the south side of Woolridge Road, measured from the centerline of that part of Woolridge Road immediately adjacent to the Property. (T) 5. Foundations. The exposed surfaces of the foundations of each dwelling shall be covered with brick or stone veneer or exterior insulation and finishing systems (EIFS) materials. (P) 6. 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) 7. (NOTE: SINCE THE COMMISSION'S CONSIDERATION OF THIS CASE, PROFFERED CONDITION 8 HAS BEEN MODIFIED TO CONFORM TO STATE LAW CHANGES.) 8. 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 permit, for infrastructure improvements within the service district for the Property if paid prior to July 1, 2005. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $11,500.00 per unit as adjusted upward by any increase in the Marshall and Swift Building Cost Index between July I, 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) 8. 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 permit, for infrastructure improvements within the service district for the Property if paid prior to July 1, 2005. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $11,500.00 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 3 OSSN0128-AUG24-BOS (STAFF) (STAFF) 9. 10. after June 30, 2005. Cash proffers shall be spent for the purposes proffered or as otherwise permitted by law. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the Property, the amount paid in cash proffers shall be in lieu of or credited toward, but not be in addition to, any impact fees in a manner determined by the County. 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 following restrictions. A. There shall be no outside public address systems or speakers. B. 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 a minimum of one hundred (100) feet from 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) C. Within the one hundred (100) foot and fifty (50) foot 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) foot buffers. D. Any playground areas (i.e., areas accommodating swings, jungle gyms or similar such facilities) shall be located a minimum of forty (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 for fifty (50) foot buffers. E. Nothing herein shall prevent development of indoor facilities and/or parking within the one hundred (100) foot setback. F. Exterior lighting for recreational uses shall comply with Section 19- 508.3 of the Zoning Ordinance, and the maximum height for light posts shall not exceed twenty (20) feet. G. The location of all active recreational uses shall be identified in conjunction with the submittal of the first tentative subdivision plan. 4 OSSN0128-AUG24-BOS (STAFF) (STAFF) H. 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) 11. Curb and Gutter. Public subdivision roads shall be constructed with concrete curb and gutter. (P) 12. 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. A. Architectural Board. The Architectural Board shall have exclusive jurisdiction over all original construction, modifications, additions or alterations made on or to all existing improvements, and the open space, if any, appurtenant thereto on all property. It shall prepare and, on behalf of the Board of Directors, shall promulgate design and development guidelines and application and review procedures, all as part ofthe design and environmental standards. The standards shall incorporate all restrictions and guidelines relating to development and construction contained in this Declaration as well as restrictions and guidelines with respect to location of structures upon property, size of structures, driveway and parking requirements, foundations and length of structures, and landscaping requirements. Copies shall be available from the Architectural Board for review. The guidelines and procedures shall be those of the Association, and 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 therewith. The Architectural Board shall initially consist of three (3) members, all appointed by the Declarant. At such time as fifty percent (50%) of all property within subject property has been developed, improved, and conveyed to purchasers in the normal course of development and sale, the Board of Directors of the Association shall have the right to appoint a maximum of two (2) additional members. At no time shall the Architectural Board have fewer than three members nor more that five (5) members. At such time as one hundred percent (100%) of all property has been developed, improved, and conveyed to purchasers in the normal course of development and sale, the Board of Directors shall appoint all members of the Architectural Board. The declarant may, at his option, delegate to the Board of Directors its right to appoint one or more members of the Architectural Board. At all times, at lease one (1) member of the Architectural Board shall be a 5 OSSN0128-AUG24-BOS 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. B. Mailboxes. Every improved lot shall be required to have a mailbox with supporting post and street light of design and installation as specified in the standards. Each lot owner shall be responsible for the maintenance and operation of the fixture, support, and mailbox. C. Parking. Each property owner shall provide space for the parking of automobiles off public streets prior to the occupancy of any building or structure constructed on said property in accordance with the standards. D. Garages. All dwellings will have side or rear loaded garages. E. 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. F. 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. G. 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 lot 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. H. Residential Use. Ci) All lots shall be used for residential purposes exclusively. The use of a portion of a dwelling on a lot as an office by the owner or tenants thereof shall be considered a residential use if such use does not create customer or client traffic to and from the lot. No structure, except as herein after provided, shall be erected, altered, placed, or permitted to remain on any lot other than one (1) detached single family dwelling and one 6 OSSN0128-AUG24-BOS (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) The provisions of this paragraph shall not prohibit the Developer from using a house as a model as provided in this Declaration. I. 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 the owner of the lot shall require the contractor to maintain the lot in a reasonably clean and uncluttered condition. J. 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 screened area only if located underground. K. Vehicle Storage. No mobile home, trailer, tent, barn, or other similar out-building or structure shall be placed on any lot at any time, either temporarily or permanently. Boats, boat trailers, campers, recreational vehicles, or utility trailers may be maintained on a lot, but only when in an enclosed or screened area approved by the Architectural Board such that they are not generally visible from adjacent properties. 7 OSSN0128-AUG24-BOS L. Temporary Structures. No structure of a 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. M. 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 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. N. Further Subdivision. No lot shall be subdivided or its boundary lines changed except with the written consent of the Declarant. However, the Declarant hereby expressly reserves to itself, its successors, or assigns the right to replat any lot or lots owned by it and shown on the plat of any subdivision in order to create modified building lot or replatted lot suitable and fit as a building site including, but no limited to, the recreational facilities, and other amenities to conform to the new boundaries of said 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 lot shall be considered in the interpretation of these covenants. O. 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 command at any time they are permitted outside a residence or other enclosed area upon a lot approved by the Architectural Board for the maintenance and confinement of pet animals. No livestock including cattle, horses, sheep, goats, pigs, or poultry shall be permitted upon any lot. After giving a lot owner written notice of complaint and reasonable opportunity to remedy the situation, the Board of Directors may order the removal of any pet which has been a nuisance or a danger. 8 OSSN0128-AUG24-BOS (STAFF) (STAFF) 14. P. Motor Bikes All Terrain Vehicles. No motor bikes, motorcycles, or all terrain vehicles shall be driven upon the common area, lots, or roads (unless properly licensed on roads) with the exception of licensed vehicles and mopeds which shall be operated solely upon the public streets for direct ingress and egress purposes only. Q. External Lighting. No external lighting shall be installed or utilized on any property which is of such character, intensity, or location as to interfere with the use, enjoyment, and privacy of any lot or owner in the near vicinity. No neon or flashing lights shall be permitted. All external lighting shall be approved by the Architectural Board as appropriate in size, location, color, and intensity. R. 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. S. 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. 13. T. 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 Montez 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 feet 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 9 OSSN0128-AUG24-BOS (ST AFF) (STAFF) 16. (STAFF) 17. Location: obtains its initial permit for the implementation of the Upper Swift Creek Watershed Plan. (EE) 15. Access. No direct access shall be provided from the Property to Woolridge and/or 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 longer be required by the Developer. A. Widening/improving the south side of Woolridge Road and the east side of Otterdale Road for the entire Property frontage to an eleven (11) foot wide travel lane, measured from the existing centerline 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 (1.5) inch of compacted bituminous asphalt concrete, with modifications approved by the Transportation Department. B. Dedication to Chesterfield County, free 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 for the required road improvements, as identified in Proffered Condition 16, shall be submitted to and approved by the Transportation Department. (T) GENERAL INFORMATION Northeast line of Otterdale Road, south of Woolridge Road, and South line of Woolridge Road, east of Otter dale Road. Tax IDs 709-672-8088, 709-673-9924, 710-672-1082, 710- 673-1868 and 711-675-0131 (Sheet 15). Existing Zoning: A Size: 75.5 acres Existing Land Use: Single family residential or vacant 10 OSSN0128-AUG24-BOS Adiacent 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 feet northeast of this site. Plans have been approved for extending a sixteen (16) inch water line along Woolridge Road to serve 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 line. 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 Swift Creek Plan, which recommends use of the public water system. Use of the public water system is intended and has been proffered (Proffered Condition 2). The applicant has included with the proffer, a request for an exception in 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 trunk line that extends along a portion of the west branch of Swift 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, will bring the public wastewater system adjacent to the eastern boundary of the request site. The request site is within the boundaries of the Upper Swift Creek Plan, which recommends use of the public wastewater system. Use of the public wastewater system is intended and has been proffered (Proffered Condition 2). The applicant has included with the proffer, a request for an exception in case of sales facilities and/or construction offices. Since the sales facilities or construction trailer would be a temporary use as part of the overall development of the site, the Utilities Department would not require such facilities to connect to the public wastewater system. ENVIRONMENTAL Drainage and Erosion: The property drains east to West Branch and then via West Branch to Swift Creek Reservoir. The property is mostly wooded and should not be timbered without first obtaining a land- 11 OSSN0128-AUG24-BOS disturbance permit from the Environmental Engineering Department (Proffered Condition 3). This will insure that adequate erosion control measures are in place prior to any land disturbance. There are no existing or anticipated, on- or off-site, drainage or erosion problems. Water Quality: The Board of 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 for best management practice (BMP) construction and a fee for BMP maintenance will be required at time of subdivision recordation. The northern portion of this property has a Resource Corridor Management/non-RP A (RCM/NRP A), 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 storm water 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 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 Program. This development will have an impact on these facilities. Fire Service: The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls 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, currently provides fire protection and emergency medical service. When the property is developed, the number of hydrants, quantity of water needed for fire protection, and access requirements will be evaluated during the plans review process. 12 OSSN0128-AUG24-BOS Schools: Approximately 77 students will be generated by this development. This site lies in the Grange Hall Elementary School attendance zone: capacity - 828, enrollment - 723; Swift Creek Middle School attendance zone: capacity - 1,027, enrollment - 1,468; and Clover Hill High School attendance zone: capacity - 1,582, enrollment - 2,036. There are 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 offered measures to assist in addressing the impact of this development on school facilities. (Proffered Condition 8) Libraries: Consistent with the Board of Supervisors' Policy, the impact of development on library services is assessed countywide. Based on projected population growth, the 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 facility in the vicinity of Beach and Winterpock Roads. The Public Facilities Plan identifies a need for additional library space in this area. The applicant has offered measures to assist in addressing the impact of this development on library facilities. (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 for ten (10) new or expanded special purpose parks to provide water access or preserve and interpret unique recreational, cultural or environmental resources. The Plan also identifies shortfalls in trails and recreational historic sites. The applicant has offered measures to assist with the impact of this proposed development on parks and recreation facilities (proffered condition 8) Transportation: The property (75.5 acres) is currently zoned Agricultural (A), and the applicant is requesting rezoning to Residential (R-12). The applicant has proffered a maximum density of 151 lots (Proffered Condition 1). Based on single-family trip rates, development could generate approximately 1,520 average daily trips. These vehicles will be initially distributed through streets in the proposed residential development (Foxcreek Crossing Subdivision) to 13 OSSN0128-AUG24-BOS 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 major arterials with 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 Plan. (Proffered Condition 4) Access to major arterials, such as Woolridge 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 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 will travel along streets in the proposed Foxcreek Crossing Subdivision. The proposed street network in Foxcreek Subdivision includes a residential collector road (Fox creek 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 collector 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 Otter dale Road to an eleven (11) foot 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 frontage. (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 Otter dale Road have eighteen (18) to nineteen (19) foot wide pavement with no shoulders. The capacity of that section of Woolridge Road is acceptable (Level of Service C) for the volume of traffic it currently carries (1,553 VPD). Sections of Woolridge Road, south of Genito Road, have eighteen (18) to twenty-one (21) foot wide pavement with no shoulders, and guardrail immediately adjacent to the road. The section of Woolridge Road across the Swift Creek Reservoir is not in the State Highway System, and is the responsibility of the County. Based on the current volume of traffic (10,143 VPD), that section of Woolridge Road is at capacity (Level of Service E). Sections of Otter dale Road, between Woolridge Road and Hull Street Road (Route 360), have nineteen (19) to twenty (20) foot wide pavement with no shoulders, and substandard horizontal and vertical curves and large trees located close to the edge of pavement. The capacity of that section of Otterdale Road is acceptable (Level of Service C) for the volume of traffic it currently carries (2,853 VPD). 14 OSSN0128-AUG24-BOS 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 projects in this part of the county are included in the Six-Year Improvement Plan, except for a project to improve a substandard curve on Woolridge Road south of Crown Pointe Road. This curve has been identified as a high accident location. At time of tentative subdivision review, specific recommendations will be provided regarding the internal street network and providing stub road rights-of-way to adjacent properties. Financial Impact on CaQital Facilities: PER UNIT Potential Number of New Dwelling Units 151* 1.00 Population Increase 410.72 2.72 Number of New Students Elementary 34.13 0.23 Middle 19.03 0.13 High 24.16 0.16 TOTAL 77.31 0.51 Net Cost for Schools $835,332 $5,532 Net Cost for Parks 119,139 789 Net Cost for Libraries 61,004 404 Net Cost for Fire Stations 64,175 425 Average Net Cost for Roads 664,249 4,399 TOTAL NET COST $1,743,899 $11,549 *Based on a proffered maximum yield of 151 lots (Proffered Condition 1). Actual number of lots and corresponding impact may vary. As noted, this proposed development will have an impact on capital facilities. 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 defray the cost of the capital facilities necessitated by this proposed development. Consistent with the Board of Supervisors' policy, and proffers accepted from other applicants, the applicant has offered cash to assist in defraying the cost of this proposed zoning on such capital facilities 15 OSSN0128-AUG24-BOS (Proffered Condition 8). The recent amendment to Proffered Condition 8 complies with recent State law changes. 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 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. 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. Adjacent property to the east is zoned Residential (R-12) with Conditional Use to permit private recreation facilities 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, 11, 12 and 13) Buffers: 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) 16 OSSN0128-AUG24-BOS Dwelling Size: The applicant has submitted a proffered condition which requires a minimum gross floor area of2,500 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 (Proffered Condition 10). This proffer is similar to conditions imposed on other projects approved for such use. CONCLUSIONS The proposed zoning and land use conform to the Upper Swift Creek Plan which suggests the property is appropriate for residential use of 2.0 units per acre or less and are representative of existing and anticipated development. In addition, the proffered conditions address the impacts of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries and fire stations is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program and the impact of this development is discussed herein. The proffered conditions adequately mitigate the impact on capital facilities, thereby ensuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. Given these considerations, staff recommends approval of this request. CASE HISTORY Applicant (12/13/04): Revisions were submitted to Proffered Conditions 10 and 12. Planning Commission Meeting (12/13/04): The applicant accepted staff s recommendation, but did not accept the Planning Commission's recommendation. There was opposition present. 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. 17 OSSN0128-AUG24-BOS On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended denial of this request. A YES: Messrs. Gecker, Bass and Gulley ABSTENTION: Mr. Litton ABSENT: Mr. Wilson. Board of Supervisors' Meeting (1126/05): 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 information should be submitted no later than January 31,2005, for consideration at the Board's February public hearing. Staff (2/1/05): To date, no new information has been submitted. Staff (2/24/05): The applicant was advised in writing that any significant, new or revised information should be submitted no later than May 16, 2005, for consideration at the Board's August public hearing. Applicant (8/3/05): The applicant submitted amendment to Proffered Condition 8 as discussed herein. Board of Supervisors' Meeting (2/23/05): The Board deferred this request, on their own motion, to August 24, 2005, pending completion of the amendment to the Upper Swift Creek Plan. Mrs. Humphrey indicated her intent to hear the case on August 24, 2005, whether or not the amendment is complete. 18 OSSN0128-AUG24-BOS The Board of Supervisors, on Wednesday, August 24,2005, beginning at 7:00 p.m., will take under consideration this request. 19 OSSN0128-AUG24-BOS .. 0) I a:: 0) 0:. z+ " ::» " (J } N ~ . a::: ~ ~c( ~ "" °lit Za::: en It)~ O~ ã) Cl) u. o o o "If'"" o o o o "If'""