05SN0295-NOV22.pdf
October 1&,2005 CPC
November 22, 2005 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
05SN0295
Finer Homes, Inc.
Dale Magisterial District
Salem Elementary, Salem Middle and Bird High Schools Attendance Zones
Southwest quadrant of
Kingsland and Salem Church Roads
REQUEST: Rezoning from Agricultural (A) to Residential (R-12).
PROPOSED LAND USE:
A single-family residential subdivision with a minimum lot size of 12,000 square
feet is planned. The applicant has agreed to limit development to a maximum of
125 lots (Proffered Condition 3), yielding a density of approximately 2.0 units per
acre.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 10.
AYES: MESSRS. LITTON, WILSON, GECKER AND GULLEY
NAY: MR. BASS
ST AFF RECOMMENDATION
Recommends approval for the following reasons:
A. The proposed zoning and land uses conform to the Central Area Plan which
suggests the property is appropriate for 1.0 to 2.5 dwelling units per acre.
Providing a FIRST CHOICE community through excellence in public service
B. The proffered conditions adequately 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 mitigate the impact on capital
facilities, thereby insuring adequate service levels are maintained and protecting
the health, safety and welfare of County citizens.
(NOTE: THE ONLY CONDITION THAT MAYBE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MA Y 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 /CPC)
(STAFF /CPC)
(STAFF /CPC)
(STAFF/CPC)
(STAFF /CPC)
1.
2.
Public water and wastewater shall be used. (U)
The applicant, subdivider, or assignee(s) shall pay the following,
for infrastructure improvements within the service district for the
property, to the county of Chesterfield prior to the issuance of
building permit:
A) $15,600.00 per dwelling unit, if paid prior to July 1, 2006;
or
B) The amount approved by the Board of Supervisors not to
exceed $15,600.00 per dwelling unit adjusted upward by
any increase in the Marshall and Swift building cost index
between July 1, 2005, and July 1 of the fiscal year in which
the payment is made if paid after June 30, 2006.
C) Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law. (B&M)
3.
The maximum density of this development shall not exceed one
hundred twenty five (125) lots. (P)
4.
Except for timbering approved by the Virginia State Department of
Forestry for the purpose of removing dead or diseased trees, there
shall be no timbering on the Property until a land disturbance
permit has been obtained from the Environmental Engineering
Department and the approved devices installed. (EE)
Direct access from the property to Kingsland Road and to Salem
Church Road shall be limited to one (1) public road onto each
5.
2
OSSN029S-NOV22-CPC
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
6.
7.
roadway. The exact location of these accesses shall be approved by
the Transportation Department. (T)
Except for one driveway to serve the existing home on GPIN 778-
671-2430. There shall be no private driveway access to Salem
Church of Kingsland Roads. (T)
Prior to tentative subdivision approval, a revised centerline for
Kingsland Road based on VDOT Urban Minor Arterial Standards
(50 MPH) with any modifications approved by the Transportation
Department, shall be submitted to and approved by the
Transportation Department. In conjunction with recordation of the
initial subdivision plat, forty-five (45) feet of right-of-way along
the south side of Kingsland Road, measured from the centerline,
and thirty-five (35) feet of right-of-way along the west side of
Salem Church Road, measured from the centerline of that part of
the roadway immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the benefit of
Chesterfield County. (T)
8.
To provide an adequate roadway system, the developer shall be
responsible for the following improvements:
A) Construction of additional pavement along Kingsland Road
and along Salem Church Road at each approved access to
provide left and right turn lanes, if warranted, based on
Transportation Department standards.
B) Widening/improving the south side of Kingsland Road to
an eleven (11) foot wide travel lane, measured from the
existing centerline of the road, with an additional one (1)
foot wide paved shoulder plus a seven (7) foot wide
unpaved shoulder, and overlaying the full width of the road
with one and a half (1.5) inch of compacted bituminous
asphalt concrete, with any modifications approved by the
Transportation Department, for the entire property frontage.
C) Relocation of the ditch along Salem Church Road to
provide an adequate shoulder, as determined by the
Transportation Department, for the entire property frontage.
D) Dedication to and for the benefit of Chesterfield County,
free and unrestricted, of any additional right-of-way (or
easements) required for the improvements identified above.
(T)
9.
Prior to any construction plan approval, a phasing plan for the
required road improvements, as identified in Proffered Condition
3
OSSN029S-NOV22-CPC
(STAFF /CPC) 10.
(STAFF/CPC) 11.
(STAFF/CPC) 12.
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF /CPC)
8, shall be submitted to and approved by the Transportation
Department. (T)
All required buffers shall be located within recorded open space.
(P)
Manufactured homes shall not be permitted. (P)
The following shall be recorded as restrictive covenants m
conjunction with the recordation of any subdivision plat:
A) No manufactured homes, as defined by the Code of
Virginia, shall be allowed to become a residence,
temporary or permanent.
B) No family daycare homes (providing care to more than five
(5) children) or group care facilities, as defined by the
Chesterfield County Code, shall be permitted in any
dwelling unit. (P)
13.
The minimum gross floor area for each new dwelling unit shall be
1800 square feet. A maximum of thirty (30) homes shall be
permitted to have a gross floor area of less than 2,000 square
feet.(BI & P)
14.
All exposed portions of the foundation of each new dwelling unit
shall be faced with brick or stone veneer. Exposed piers supporting
front porches shall be faced with brick or stone veneer. (BI & P)
In conjunction with the recordation of the initial subdivision plat, a
public pedestrian access easement, of approximately thirty (30)
feet in width along Reedy Branch Creek, shall be dedicated free
and unrestricted, to and for the benefit of Chesterfield County. The
exact location, width and treatment of this easement shall be
approved by the Parks and Recreation Department. (P&R)
The following shall be recorded as deed restrictions in conjunction
with the recordation of any subdivision plat:
A) Proposed Declaration of Protective Covenants:
1. No lot shall be used except for residential purposes.
No business uses (profit or non-profit) including
home occupations shall be conducted on the
premises. Home occupations may be permitted if
approved by the Homeowners' Association. (P)
15.
16.
2. No improvements including, without limitation, a
dwelling, accessory structure, or addition such as a
carport, driveway, porch, sidewalk, roof, lamp post,
4
OSSN029S- NOV22-CPC
fence, garage, or other outbuildings, landscaping,
or, to the extent permitted by law, antenna, or
similar device, or change in the exterior color or
siding material shall be made, erected, altered, or
replaced unless two sets of detailed plans and
specifications, including a site plan locating all such
improvements and describing exterior finishes
(material and color, including roof) have first been
submitted to and approved by Declarant in writing.
3. Declarant reserves unto itself the right and privilege
to install gas lines, water lines, sewer lines, storm
sewers, electric lines, telephone and telegraph poles,
lines and wires, and other utilities and
appurtenances in the street and roads of the
Subdivision and along the property lines of the
Lots, and to grant to other persons, companies, or
corporations any or all of such rights and privileges,
but the reservation of such rights shall not relieve
any grantee form the obligation to pay the usual and
customary charges made with respect to his Lot for
the installation and/or connection of utilities.
4. In considering requests for approval of fences and
hedges, the following general guidelines will be
applied:
a. No fence shall be permitted in the front yard
of any Lot (between the building setback
line and street line).
b. No fence or hedge shall generally be
permitted higher than 42 inches of any Lot.
c. No chain link fences or fences of other
materials similar in nature or appearance
will be permitted on any Lot.
5. Declarant may in its absolute discretion waive or
modify these guidelines and consider such other
criteria as it shall deem appropriate.
6. No sign of any kind shall be displayed to public
view on any Lot, unless first approved in writing by
Declarant, except on sign of notmore than four (4)
square feet advertising the property for sale or rent,
or signs used by a the initial construction and sales
period.
5
OSSN029S-NOV22-CPC
7. No use shall be made of any Lot, or any part thereof
which constitutes a nuisance or which would
adversely affect the value or marketability of other
Lots, No stables, swine, sheep, cows, or the like
shall be permitted on any Lot. All trash, garbage
and/or rubbish shall be kept in sanitary containers
located so as not to be visible from a public street
except as necessary for limited times in connection
with pickup and removal by disposal services and
except during periods of construction.
8. No driveway, entranceway, or sidewalk shall be
constructed on any Lot unless approved as provided
in paragraph 2.
9. No swimming pool shall be located nearer to any
street line than the rear building line of the
dwelling.
10. No structure of a temporary character or any trailer,
tent, barn, or other outbuildings shall be used on
any Lot at any time as a residence, either
temporarily or permanently.
11. No trees over six (6) inches in diameter shall be
removed from any Lot without the prior written
approval of Declarant.
12. No portable air conditions units will be place in any
window of a dwelling or other building if visible
from a public street.
13. No exterior television antenna (including "dish"
type) or other antennas shall be permitted to extend
over five (5) feet above the roofline of any building,
except as otherwise permitted by law.
14. No motor vehicle will be parked on or adjacent to
any Lot which does not have a current state license,
state inspection sticker, and county license, and no
commercial vehicle, such as a school bus, delivery
truck, or other large vehicle or equipment will be
parked on a street in the subdivision or on any Lot.
No recreational vehicle (mobile home, camping
trailer, and other similar vehicles) shall be parked
on a street in the Subdivision or on a Lot except in a
driveway shown on plans that have been approved
as provided in Paragraph 2.
6
OSSN029S-NOV22-CPC
15. Anyone or more of the covenants or restrictions
imposed by paragraphs 1 through 14 above may be
waived or modified, in whole or in part, as to the
entire Subdivision or and part thereof, by written
instrument signed by Declarant and recorded where
these restrictions are recorded.
16. In addition to the foregoing conditions and
restrictions, the Lots shall be subject to easements
for drainage and utilities, including power and
telephone lines, as shown on the plat, and any other
easements of record at the time of conveyance of
any Lot.
17. Invalidation of anyone of the provisions of these
restrictions by judgement, court order, or otherwise
shall in no way affect any of the other provisions
which shall remain in full force and effect.
18. Declarant reserves the right to assign and transfer to
any person, persons, or entity some or all of its
rights provided herein and in such event such
transferee shall have and may exercise all such
rights to the same extent as if he, they, or it were the
Declarant.
19. Declarant shall have the full right and privilege to
enforce all restrictions and conditions contained
herein by appropriate proceeding at law for
damages and/or in equity for appropriate injunctive
relief and restraining orders to prevent violations, or
to require violations to be corrected, together with
damages sustained including, without limitation,
attorneys' fees and costs. In addition, any Owner
shall have, after seventy-five percent (75%) or more
of the Lots have been conveyed to purchasers other
than builders, the right to enforce compliance with
these restrictions as provided in this paragraph.
20. These restrictions shall run with the land and be
binding upon any and all succeeding owners, their
personal representatives, estates, heirs, devisees,
assigns, or successors in interest or any other
partied having or taking an interest in or to the
Property, or any part thereof, and shall
automatically be extended for successive periods of
ten (10) years unless otherwise provided in a written
instrument executed by the owners of a majority of
7
OSSN029S-NOV22-CPC
the Lots in the Subdivision unless a release, waiver,
or breach of anyone or more of the restrictions
contained herein or any part thereof is required or
agreed to by a court or governmental authority
having jurisdiction over the Property.
21. Declarant, as owner of all of the Property subjected
to the Declaration, shall, at such time as it deems
appropriate, cause to be incorporated under the laws
of the Commonwealth of Virginia a non profit
corporation to be named "Bendahl V alley
Homeowner's Association" or a similar name (the
"Association").
22. All Owners shall be members ("Members") of the
Association and shall be entitled to one (1) vote, per
each Lot owned by them (provided, however, that if
a Lot is owned by more than one owner, the owners
of such Lot shall be entitled to only one vote
between them), on all matters which are required to
be decided by a vote of the Members of the
Association.
23. The Members shall annually elect a five (5) member
board of directors (the "Board of Directors") which
shall be responsible for operating the Association,
provided, however, that until such time as eighty-
five percent (85%) of the Lots are owned by
persons other than builders of the Declarant, the
Board of Directors shall consist of five (5) directors
all of whom shall be selected by the Declarant.
24. Each year the Board of Directors shall prepare an
annual budget (the "Budget") containing an
itemization of the expenses, which it anticipates, the
Association will incur during the upcoming year to
fulfill its responsibilities hereunder. The Budget
shall be sent to each owner together with a notice of
assessment (the "Annual Assessment") for the
owner's pro rata share of the budget, which shall be
computed by dividing the total Budget by the
number of Lots. Upon receipt of the Annual
Assessment, each Owner shall be required to make
payment of the same in the manner designated by
the Board of Directors.
25. In addition to any Annual Assessments, the
Association may levy in any assessment year a
8
OSSN029 5- N OV22-CPC
special assessment (the "Special Assessment")
applicable to that year only for the purpose of
defraying in whole or in part the cost of any
reconstruction, unexpected repair, or replacement of
a capital improvement, including the necessary
fixtures and personal property related thereto,
provided that any such Special Assessment shall
have the consent of the Owners of two-thirds (2/3)
of the lots.
26. Any Annual Assessment of Special Assessment (the
"Assessments") which is not paid by an Owner
within such time as shall be determined by the
Board of Directors shall bear interest at a rate per
annum determined by the Board of Directors from
such date until paid and shall constitute a lien upon
the Lot owned by such Member. Such lien shall
have priority over all other liens including, without
limitation, mortgages, deeds of trust, or any other
lien hereafter placed upon any Lot, except a first
mortgage of deed of trust securing a loan by a bona
fide institutional lender to which such lien shall be
subordinate. No Owner may waive or escape
liability for the assessments hereunder for any
reason. No sale or other transfer shall relieve any
owner from liability for any Assessments due nor
any Lot from the lien of any Assessments. The
amount of any such lien may be enforced by suit or
otherwise at the election of the Association and the
Owner shall be required to reimburse the
Association for all attorneys' fees and expenses
incurred in so doing, the amount of which shall also
constitute a lien on the Lot as herein provided.
Notwithstanding the above, a party who acquires
title to a Lot by virtue of the foreclosure of lien
secured by a first mortgage of deed of trust to which
this lien is subordinate or by a deed or assignment
in lieu of foreclosure any liability of lien chargeable
to such Lot on account of any period of time prior
to such acquisition of title. Said acquiring party
shall, however, be bound by the provisions of this
Declaration including, without limitation,
Assessments effective after said acquisition of title.
27. The Declarant hereby reserves the right, at
Declarant's sole discretion, to add the Additional
9 05SN0295-NOV22-CPC
Land to the property subject to the Declaration of
Protective Covenants. (P)
GENERAL INFORMATION
Location:
Southwest quadrant of the intersection of Kingsland and Salem Church Roads. Tax IDs
776-671-9866; 777-671-1902 and 6199; and 778-671-2430; and 778-672-0924 (Sheets
17 and 18).
Existing Zoning:
A
Size:
62.8 acres
Existing Land Use:
Single-family residential and vacant
Adiacent Zoning and Land Use:
North and West - A and A with Conditional Use Planned Development; Single-family
residential, public/semi-public (Harry Daniel Park) or vacant
South and East- R-12, R-9, R-7 and A; Single-family residential or vacant
UTILITIES
Public Water System:
There is a sixteen (16) inch water line extending along Salem Church Road, adjacent to this
site. Use ofthe public water system is intended and has been proffered (Proffered Condition
1). To facilitate future development, it is anticipated that a water line sized in accordance
with the County's Water and Wastewater Facilities Plan will be installed along the road
frontage of Kingsland Road in conjunction with this development. Per Utilities Department
Design Specifications (DS-21), wherever possible, two (2) supply points must be provided
for subdivisions containing more than twenty-five (25) lots.
Public Wastewater System:
This site is within the Reedy Creek drainage basin. A twenty-one (21) inch wastewater
trunk line extends along a portion of Reedy Creek and terminates adjacent to Indian Springs
10
05SN0295-NOV22-CPC
Road, approximately 4,300 feet northeast of this site. Use of the public wastewater system
is intended. (Proffered Condition 1)
ENVIRONMENTAL
Drainage and Erosion:
The majority of the property drains to the northwest into Reedy Creek which then flows
into Kingsland Creek. There are no existing or anticipated on- or off-site drainage or
erosion problems. The property is mostly wooded and should not be timbered with
obtaining a land disturbance permit from the Department of Environmental Engineering
(Proffered Condition 4). This will insure that adequate erosion control measures are in
place prior to any land disturbance.
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 forty-four (44) to seventy-eight (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 125 dwelling units, this request will generate approximately
thirty-four (34) calls for fire and emergency medical service each year. The applicant has
addressed the impact on fire and EMS. (Proffered Condition 2)
The Airport Fire Station, Company Number 15, 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.
Schools:
Approximately sixty-four (64) students will be generated by this development. This site
lies in Salem Elementary School attendance zone: capacity - 720, enrollment - 683;
Salem Middle School zone: capacity - 953, enrollment - 1,129; and Bird High School
zone: capacity - 1,722, enrollment - 1,828. The enrollment is based on September 30,
2004 and the capacity is as of 2004-2005. This request will have an impact on all
schools involved. There are currently fourteen (14) trailers at Salem Middle and five (5)
trailers at Bird High.
11
05SN0295-NOV22-CPC
As a result of recent redistricting, a number of students have been moved from Salem
Middle to Matoaca Middle. The anticipated growth with this case, coupled with the
existing zoning cases and tentative developments in this area, will significantly impact
both elementary and secondary schools. The applicant has addressed the impact of this
proposed development on school facilities. (Proffered Condition 2)
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 in this area of the County would most likely affect the Meadowdale
Library, the Central Library or the Chester Library. The Public Facilities Plan identifies a
need to expand the Meadowdale and Chester Libraries. The applicant has addressed the
impact of this proposed development on library facilities. (Proffered Condition 2)
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) new regional parks, seven (7)
community parks, twenty-nine (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 identifies shortfalls in trails
and recreational historic sites.
The applicant has agreed to dedicate an easement for public pedestrian access along
Reedy Branch Creek (Proffered Condition 15). The exact location, width and treatment
of this easement shall be determined by the Parks and Recreation Department at time of
Tentative Subdivision approval.
The applicant has addressed the impact of this proposed development on parks and
recreation facilities. (Proffered Condition 2)
Transportation:
The property (62.8 acres) is currently zoned Agricultural (A), and is located at the
Kingsland Road/Salem Church Road intersection. The applicant is requesting rezoning
from A to Residential (R-12) and has proffered a maximum density of 125 lots (Proffered
Condition 3). Based on single-family trip rates, development could generate
approximately 1,280 average daily trips (ADT). These vehicles will initially be
distributed along Kingsland Road and Salem Church Road, which had 2005 traffic counts
of2,969 and 7,078 ADT, respectively. Based on the current volumes oftraffic they carry
during peak hours, Kingsland Road and Salem Church Road are functioning at acceptable
levels (Level of Service C and D, respectively).
12
OSSN0295-NOV22-CPC
The Thoroughfare Plan identifies Kingsland Road as a major arterial with a
recommended right of way width of ninety (90) feet and Salem Church Road as a
collector with a recommended right of way width of seventy (70) feet. The applicant has
proffered to dedicate forty-five (45) feet of right of way on the north side of Kingsland
Road, measured from a revised centerline, and thirty-five feet of right of way on the west
side of Salem Church Road, measured from the centerline, in accordance with that Plan
(Proffered Condition 7). The applicant has proffered no private driveway access to
Salem Church or Kingsland Roads, except for one (1) access to serve an existing
dwelling. (Proffered Condition 6)
Access to major arterials and collectors, such as Kingsland Road and Salem Church
Road, should be controlled. The applicant has proffered that direct access from the
property to Kingsland Road and Salem Church Road will be limited to one (1) public
road onto each roadway (Proffered Condition 5). In order to provide adequate separation
from the Kingsland/Salem Church intersection, these roads should be located towards the
western and southern property lines. Due to the vertical and horizontal alignment of
Kingsland Road at the western property line, the developer may have difficulty obtaining
adequate sight distance at the public road intersection.
The traffic impact of this development must be addressed. The applicant has proffered
to: 1) construct additional pavement along Kingsland Road and Salem Church Road at
each public road intersection to provide right and left turn lanes based on Transportation
Department standards; 2) reconstruct Kingsland Road for the entire property frontage to
provide an eleven (11) foot wide travel lane, a one (1) foot paved shoulder and a seven
(7) foot unpaved shoulder; 3) overlay the full width of Kingsland Road; 4) relocate the
ditch along Salem Church Road to provide an adequate shoulder, and 5) dedicate any
additional right of way required for these improvements (Proffered Condition 8). The
improvements along both roads may require relocation of power poles adjacent to the
property. Construction of the turn lanes along Kingsland Road may require
improvements to the existing structure that conveys Reedy Creek under the roadway.
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. Traffic generated by this development will initially travel
along Kingsland Road and Salem Church Road. Sections of both of these roads have
little or no shoulders, fixed objects adjacent to the edge of pavement, and poor vertical
and horizontal alignments. 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 2)
Cash proffers alone will not cover the cost of the road improvements needed in this area.
A project in this area is included in the Six-Year Plan to improve the curve along Beulah
Road in the vicinity of Mason Woods Subdivision and is not expected to be under
construction until Summer 2008. A county bond-funded project that involves the
construction of shoulders on Beulah Road between Salem Church Road and Hopkins
Road is anticipated to be under construction in 2008.
13
05SN0295-NOV22-CPC
At time of tentative subdivision review, specific recommendations will be provided
regarding stub road rights of way and the proposed internal street network.
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling 125* 1.00
Units
Population Increase 340.00 2.72
Number of New Students
Elementary 29.13 0.23
Middle 16.25 0.13
High 21.13 0.17
TOTAL 66.50 0.53
Net Cost for Schools 668,500 5,348
Net Cost for Parks 75,500 604
Net Cost for Libraries 43,625 349
Net Cost for Fire Stations 50,625 405
Average Net Cost for Roads 1,117,750 8,942
TOTAL NET COST 1,956,000 15,648
* Based on a proffered maximum yield of 125 lots (Proffered Condition 3). The 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 $15,648 per unit. The applicant has been advised that a maximum proffer of $15,600
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. (Proffered Condition 2)
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.
14
05SN0295-NOV22-CPC
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan which suggests the property is
appropriate for 1.0 - 2.5 dwelling units per acre.
Area Development Trends:
Adjacent properties are zoned Residential (R-12, R-9 and R-7) and Agricultural (A) and
have been developed for single-family residential uses on acreage parcels and in
Huntingcreek Hills and Kingsland Woods subdivisions, public/semi-public use (Harry
Daniel Park) or remain vacant.
Density:
Proffered Condition 3 limits development to a maximum of 125 lots, yielding a density of
approximately 2.0 dwelling units per acre.
House Sizes and Foundation Treatment:
Proffered Conditions 13 and 14 address minimum house sizes as well as foundation
treatments. Proffered Condition 13 limits the number of homes that may be less than
2,000 square feet in area. Staff will have a difficult time tracking this limitation.
Prohibition on Manufactured Homes:
Proffered Condition 11 prohibits the location of manufactured homes on the subject
property. The Zoning Ordinance would not allow manufactured homes; however, should
State legislation ever be adopted that would mandate localities to allow manufactured
homes in those districts that allow single family dwellings, depending upon the final
language, Proffered Condition 11 may, or may not, have the effect of prohibiting
manufactured homes.
Restrictive Covenants:
Proffered Conditions 12 and 16 require restrictive covenants to be recorded in
conjunction with the recordation of any subdivision plat. It is important to note that the
County will only insure the recordation of the covenants and will not be responsible for
their enforcement. Once the covenants are recorded, they can be changed.
Buffers:
Currently, the Subdivision Ordinance requires a fifty (50) foot buffer along Kingsland
Road and a thirty-five (35) foot buffer along Salem Church Road. These buffers may be
included within the boundaries of individual lots. It has been staffs experience that
15
05SN0295-NOV22-CPC
individual homeowners tend to clear these areas resulting in a zoning violation on that
individual lot. To preserve the integrity of the buffers, Proffered Condition 10 requires
that these areas be provided in open space, thereby becoming the responsibility of a
homeowner's association.
CONCLUSIONS
The proposed zoning and land uses conform to the Central Area Plan which suggests the
property is appropriate for 1.0 - 2.5 dwelling units per acre.
The proffered conditions adequately 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 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.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Applicant (10/17/05):
Revised proffered conditions addressing the impact on capital facilities and legal issues
related to the restrictive covenants were submitted.
Planning Commission Meeting (10/18/05):
The applicant accepted the recommendation. There was opposition present with concerns
relative to the impact of the development on flooding of Kingsland road.
It was noted that drainage issues would be addressed through the tentative subdivision
reVIew process.
Mr. Litton indicated the proposal complies with the Plan; that the cash proffer will assist
in area road improvements; and that he development will not increase area drainage
problems.
On motion of Mr. Litton, seconded by Mr. Wilson, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 through 10.
16
05SN0295-NOV22-CPC
AYES: Messrs. Litton, Wilson, Gecker and Gulley
NAY: Mr. Bass
The Board of Supervisors, on Tuesday, November 22, 2005, beginning at 7:00 p.m., will take
under consideration this request.
17
05SN029S-NOV22-CPC
q:
WI
#;
.~ ~ (
rT- ~! ~ JI r'1
~ ~~ -II 1J·.ø ru,
[¡¡ <ìJ I J77 . \-
~Ih ~7~
,'l¡ '~.!1.. JL1-
~ ~ ",< / \1ß~ a
~ '0< r~-ZdSi# "(V_~ : '\ ~
_~1WA~w,.!. ~ ~ r ~\.t ~
jR\\",kêö~:~"~~,,~~. :'" ".. .. - - - - - - _ _ rn.,S hL
,§i'>~~x:;;~o;;~;;;;;~;w .:',*'-:'~\.. 0'" L ., ',., f!3 'v. eo- H- V;"
,Ii
--
h----¡~ r " · ~
~ ~ 0 " ~~ J-::I
'"
~
íW- :z¡J~
~
~Hi-':/l
I +_
Z Q)
CD ~
Z
o 0
C ¡:: ~ I~
wC
oz
zO
wo
Nffifa
"':"LLo::: 0 I
O:::Ww
O:::LL
~...JLL
~c(~~
Nno:::a.
~i~~ glJ
~~ co
(
\
.......
I
a::
~/ ~
"'-'" \.
'"
,.-.
I
a::
L
¡.~V
\!': .
It:
~
~ ---
---
--
u
u
.,
~
1
j
.......
I
a::
q:
"
-,
-
L
/i1~> '
'Ç:~~
q¡F9
9/ --- ==i~ _____
'511- -1~~ > ~
~/~W/_~:J '
== /
"i ::' /
..
~L------:.
q: u
<
1 I r \ I
I I \ (.} I ,,¡>
~,¡.. ~
,- I
~~!
I
"'~~ U u lO
i " ......, û
· '- '<C.... ~'O
.-
· I ~""_'
q:
~\
Hr-~ ~\
r___ _
~
\t:t'1
~
... ~
~~i
i!i~1
(!j 0
>- 9:
~
-~....
~
,
.
/~
q:
I
q:
q:
u
~
f;3
.-..-
--.
--._-