05SN0284-Feb22February 22, 2006 BS
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STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
05SNO284
(AMENDED)
Chesdin Development Company
Matoaca Magisterial District
Matoaca Elementary, Matoaca Middle and Matoaca High Schools Attendance Zones
South line of River Road
REQUESTS: I. Rezoning from Agricultural (A) to Residential (R-88) with Conditional Use
Planned Development to permit exceptions to Ordinance requirements .
II. Waiver to street connectivity requirements.
PROPOSED LAND USE:
Single family residential uses on lots with a minimum area of one (1) acre, along
with commercial uses, residential stock farm use, agricultural uses and associated
business uses, and supporting community recreational uses are planned. However,
the property could be developed in accordance with the provisions of the Residential
(R-88) District and the standards of the Textual Statement would not apply. The
applicant has agreed to limit residential development to a maximum of 575 dwelling
units yielding a density of approximately 0.45 to 0.46 dwelling units per acre
depending upon the amount of acreage occupied by office and commercial uses.
(Proffered Condition 3)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 8.
AYES: MESSRS. WILSON, BASS, GULLEY AND LITTON.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
ABSENT: MR. G ECKER
(NOTE: SINCE THE COMMISSION'S CONSIDERATION OF THIS CASE, PROFFERED
CONDITIONS 1 AND 10 AND THE TEXTUAL STATEMENT HAVE BEEN AMENDED,
SHOULD THE BOARD WISH TO CONSIDER THESE PROFFERS THEY MUST
UNANIMOUSLY AGREE TO SUSPEND THEIR PROCEDURES AS SUCH PROFFERS
WERE SUBMITTED SUBSEQUENT TO ADVERTISEMENT OF THE CASE.)
STAFF RECOMMENDATION
Request_ I:
Recommend denial of the rezoning for the following reasons:
A. The proposed residential zoning and land use fail to comply with the Southern and
Western Area Plan which suggests the subject property is suitable for Residential (R-
88) Zoning which requires lot sizes of 1.5 to 2.0 acres.
B. The proposed commercial uses along River Road do ' not comply with the Southern
and Western Area Plan which suggests that commercial uses are appropriate if
"within" planned residential areas. The site is located at the "fringe" of the
development rather than "within" the development.
C. The Textual Statement fails to guarantee compliance with the design amenities outlined
therein if the property is developed in accordance with R -SS standards; fails to address
alley design which is a tentative subdivision issue; and, fails to establish a maximum
square footage per acre for commercial use.
Request II:
Recommend denial of the waiver to street connectivity requirements to LeMaster Road for the
following reason:
The standards by which an exception to street connectivity should be granted have not been
met.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
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.)
2 05SNO284-FEB22-BGS
PROFFERED CONDITIONS
The Developer (the "Developer") in this zoning case, pursuant to § 15.2-2298 of the 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 Numbers 750-614-4898, 750-616-7388, 750-619-31429 751-614-7777, 751-616-
13741 751-616-5457, 752-619-46765 753-615-43571, 753-617-14363, 754-618-83945 754-619-27311
754-619-4817, 754-619-76109 755-612-76623 757-611-9582, and 757-615-1498 (the "Property")
under consideration will be developed according to the following conditions if, and only if, the
rezoning request for R -88 -with a conditional use planned development is granted. In the event the
request is denied or approved with conditions not agreed to by the Developer, the proffers and
conditions shall immediately be null and void and of no further force or effect. If the zoning is
granted, proffers proffers and conditions will supersede all proffers and conditions now existing on the
Property.
(NOTE: SINCE THE COMMISSION'S CONSIDERATION OF THIS CASE, PROFFERED
CONDITION 1 HAS BEEN AMENDED TO REFLECT THE DATE OF THE REVISED
TEXTUAL STATEMENT.)
(CPC) 1. Master Plan. The Textual Statement dated April 7, 2005, revised through
December 22, 2005, shall be considered the Master Plan. (P)
1. Master Plan. The Textual Statement dated April 15, 2005, revised through
February 16, 2006, shall be considered the Master Plan. (P)
(CPC) 2. Timbering. With the exception of timbering which has 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 have been installed. (EE)
(CPC) 3. Density. The maximum number of dwelling units permitted on the Property
shall be 575. (P)
(CPC) 4. Cash Proffers. In addition to the Transportation Contribution described in
Proffered Condition 12, the applicant, subdivider, or assignee(s) shall pay the
following to the County of Chesterfield prior to the issuance of building
permits for infrastructure improvements within the service district for the
Property:
A. $6,655 per dwelling unit, if paid prior to July 1, 2006. At the time of
payment, $6,685 will be allocated pro -rata among the facility costs as
follows: $5,331 for schools, $602 for parks, $348 for libraries, and
$404 for fire stations; or
3 05SNO284--FEB22-BOS
B. The amount approved by the Board .of Supervisors not to exceed
$6,685 per dwelling unit pro -rated as set forth in paragraph A. of this
Proffered Condition 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 3 01 2006.
C. Provided, however, that if any building permits issued on the property
are for senior housing, as defined in the proffer on age -restriction, the
applicant, sub -divider, or assignee(s) shall pay $1,3 54 per unit to the
County of Chesterfield, prior to issuance of a building permit, for
infrastructure improvements within the service district for the
Property if paid prior to July 1, 2046.. The $1,354 for any units
developed shall be allocated among the facility costs as follows:
$602 for parks, $348 for library facilities, and $404 for fire stations.
Thereafter, such payment shall be the amount approved by the Board
of Supervisors not' to exceed $1,354 per unit as adjusted upward by
any increase in the Marshall and Swift Building Cost Index between
July 1, 2405 and July 1 of the fiscal year in which the payment is
made if paid after June 30, goof . Payments in excess of $1,354 shall
be pro -rated as set forth above.
D. Cash proffer payments 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 in addition to, any impact fees, in a
manner as determined by the county. (B&M)
(CPC) 5. Age Restriction.
A. Except as otherwise prohibited by the Virginia Fair Housing Law, the
Federal Fair Housing Act, and such other applicable federal, state or
local legal requirements, dwelling units designated as age -restricted
shall be restricted ' to "housing for older persons," as defined in the
Virginia Fair Housing Law and no persons under 19 years of age shall
reside therein.
B. Any dwelling units designated for senior housing, as outlined in
Proffered Condition S.A., shall be noted on the subdivision plat.
Such dwellings units shall be grouped together as part of the same
development section(s). (P)
(CPC) 6. Manufactured Homes. Manufactured homes shall not be permitted on the
Property. (P.)
4 05SNO284-FEB22-BOS
(CPC) 7. 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, prior to any site plan approval, or upon request
by the Transportation Department, whichever occurs first.
A. Forty-five (45) feet of right-of-way on the south side of River Road,
measured from the centerline of that part of River Road immediately
adjacent to the Property. (T)
(CPC) 8. Access.
A. Direct vehicular access from the Property to River Road shall be
limited to three (3) public roads. The exact location of these accesses
shall be approved by the Transportation Department.
B . No vehicular access shall be provided from the Property to LeMaster
Road. Direct vehicular access from the Property to Graves Road shall
be limited to one (1) public road, generally located within 1,000 feet
west of the LeMaster Road/Graves Road intersection. The exact
location of this access shall be approved by the Transportation
Department." (T)
(CPC) 9. Road Improvements. 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. Construction of left and right turn lanes along River Road at each
approved access and at the Graves Road intersection, if warranted,
based on Transportation Department standards.
B. Widening/improving the south side of River Road to an eleven (11)
foot wide travel lane, measured from the centerline of River 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 one half (1.5) inches of compacted bituminous asphalt
concrete, with modifications approved by the Transportation
Department, for the entire Property frontage.
C. Reconstructing Graves Road to twenty-four (24) foot wide pavement
with seven (7) foot wide unpaved shoulders. on each side of -the
roadway, with modifications approved by the Transportation
Department, from .River Road to the access into the Property, located
5 05SNO284-FEB22-BOS
west of the LeMaster Road intersection. The exact length of this
improvement shall be approved by the Transportation Department.
D. Provide adequate sight distance, as determined by the Transportation
Department, along River Road at the Graves Road intersection.
E. Dedication to Chesterfield County, free and unrestricted, of any
additional right-of-way (or easements) required for the improvements
identified above. In the event the Developer is unable to acquire any
(.'off-site" right-of-way that is necessary for the road improvements
described in Proffered Condition 9, the Developer may request, in
writing, that the County acquire such right-of-way as a public road
improvement. All costs associated with the acquisition of the right-
of-way shall be borne by the Developer. In the event the County
chooses not to assist the Developer in acquisition of the "off-site"
right-of-way, the Developer shall be relieved of the obligation to
acquire the "off-site" right-of-way and shall provide the road
improvements within available right-of-way as determined by the
Transportation Department.
F. Prior to any construction plan approval or site plan approval,
whichever occurs first, a phasing -plan for the required road
improvements, as identified in Proffered Condition 9, shall be
submitted to and approved by the Transportation Department. (T)
(NOTE: SINCE THE COMMISSION'S CONSIDERATION OF THIS REQUEST,
PROFFERED CONDITION 10 HAS BEEN AMENDED.)
(CPC) 10. Chesterfield County Fire and EMS Department Access to, Lake Chesdin
("Emergency Services"). Boat access for Emergency Services to Lake
Chesdin from the Property shall be provided at a point and time mutually
agreeable to the Developer and to the Chesterfield County Fire and EMS
Department. Nothing shall preclude this access point from being at a location
used for recreational access. (F)
10. Chesterfield County Fire and EMS Department Access to Lake Chesdin
("Emergency Services"). Boat access for Emergency Services to Lake
Chesdin shall be provided by the Developer. The location and timing of the
installation of the boat access for Emergency Services to lake Chesdin from
the Property shall be determined at the time of conceptual subdivision review.
Nothing shall preclude this access point from being at a location used for
recreational access. (F)
(CPC) 11. Common Open Space. A minimum of two hundred (200) acres of the gross
acreage of the Property shall be provided as Common Open Space. This
6 05SNO284-FEB22-BOS
open space shall include the Resource Protection Area (RPA) parallel to the
main body of Lake Chesdin. Trails, lake access, passive recreation, and
similar improvements may be constructed in the Common Open Space in
accordance with the Chesapeake Bay Protection Act. (P)
(CPC) 12. Transportation Contribution. The applicant, his successor(s), or assignee(s)
(the "Applicant") shall pay the following to the County of Chesterfield:
A. Prior to recordation of the initial subdivision plat on the Property, the
amount of $1,007,395.
B. Prior to the recordation of a cumulative total of more than 113 lots on
the Property, the amount of $1,007,395.
C. Prior to issuance of each building permit on lots other than the 226
initially recorded lots on the Property, the amount of $8,915 per
dwelling unit. The initial 226 recorded lots referred to in this Proffer
Condition shall be identified on the final check and recorded plats.
D. If the amounts above are paid after June 30, 2006, then each amount
paid shall be adjusted upward by any Board of Supervisors' approved
increase in the Marshall and Swift Building Cost Index between July
11 2005 and July 1 of the fiscal year in which the payment is made.
The payments shall be used for road improvements in accordance
with the Board's cash proffer policy. These payments could be used
towards road improvements at the intersection of Nash Road and
River Road.
E. If, upon the mutual agreement of the Transportation Department and
the Applicant, the Applicant provides road improvements (the
"Improvements"), other than those road improvements identified in
Proffered Condition 9, then the transportation contribution in this
Proffered Condition shall be reduced by an amount not to exceed the
cost to construct the Improvements as determined by the
Transportation Department. Thereafter, the Applicant .shall pay the
balance of the transportation contribution as set forth in this Proffered
Condition. For the purposes of this Proffered Condition, the costs, as
approved by the Transportation Department, shall include, but not be
limited to, the cost of right-of-way acquisition, engineering costs,
costs of relocating utilities and actual costs of construction (including
labor, materials, and overhead) ("work"). Before any work is
performed, the Applicant shall receive prior written approval by the
Transportation Department for any credit. (T, B&M)
(CPC) 13. Restrictive Covenants. The following restrictive covenants shall be recorded
prior to, or in conjunction with, the recordation of any subdivision plat: .
7 05SNO284--FEB22-BOS
A. Motorized water craft access to Lake Chesdin from the Property shall
be subject to the following restrictions:
(i) Access points shall be owned, operated, and maintained by a
homeowner's association and be subject to restrictive
covenants.
(ii) Motorized water craft access shall be restricted to owners of
homes within the Property, and not open to the general public.
(iii) To safeguard the water quality of Lake Chesdin as a drinking
water source, access to the lake by gasoline powered craft
shall be limited to those employing a 4 -stroke engine(s) or a
Direct Fuel Injected 2 -stroke engine(s). Traditional
carbureted or electronic fuel injected 2 -stroke engines shall be
prohibited. All gasoline powered craft shall be registered
with the Developer or a homeowners association as the case
may be.
B. Facilities for the sale of gasoline at any access point on Lake Chesdin
shall be prohibited on the Property. (P)
GENERAL INFORMATION
Location:
South line of River Road, southeast of Graves Road and west line of Le Master Road, south
of River Road. Tax IDs 750-614-4898; 750-616-7388; 750-619-3142; 751 -614 -Part of 7777;
751-616-1374 and 8457; 752-619-4676; 753 -615 -Part of 4357; 753-617-1436; 754-618-
8390; 754-619-2731, 4817 and 7610; 755-612-7662; 757-611-9582; and, 757-615-1498
(Sheet 39. 40, 43 and 44).
Existin Zoning:
A
Size:
1290.8 acres
Existinj4 Land Use:
Vacant
8 05SNO284-FEB22-BOS
Adjacent Zoninizand Land Use:
North — A and R-15; Single family residential or vacant
East and West — A; Single family residential or vacant
South — A; Single family residential or vacant (Lake Chesdin)
Public Water S stem:
A sixteen (16) inch water line extends along the north side of River Road adjacent to the
southeast portion of this site. The request site is within the pressure zone of the Graves Road
Water Tank. Portions of this site may be subject to high water pressure and individual
pressure regulators may be necessary on service lines. This site is subject to the requirements
of the County Code relative to the required use of public water in the Southern and Western
Plan area. Per Utilities Department Design Specifications (DS -21), whenever possible, two
(2) supply points shall be provided for subdivisions containing more than twenty-five (25)
lots.
Public Wastewater Sstem:
The public wastewater system isnot available to serve this site. The request site lies within
that portion of the Southern and Western Area Plan which suggests that Residential (R-8.8)
zoning and development with use of private septic systems is appropriate.
Private Septic System:
Prior to recordation of a subdivision plat, soils analysis for each lot must be submitted to the
Health Department for review and approval.
ENVIRONMENTAL
Drainage and Erosion:
There are no on- or off-site drainage or erosion problems and none anticipated after
development. The property is heavily wooded and should not be timbered -without first
obtaining a land disturbance permit from the Environmental Engineering Department and the
appropriate devices installed. (Proffered Condition 2)
Water Quality:
The property is adjacent to Lake Che sdin and is therefore subject to a 100 foot conservation
area, inside of which uses are very limited. Prior to tentative plan submittal, a perenniality
determination for the entire project must be approved by the Water Quality Section.
9 05SNO284-FEB22-BOS
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 Im rovement Program, and further detailed by
specific departments in the applicable sections of this "Request Analysis." This development will
have an impact on these facilities.
Fire Service:
The Public Facilities Plan indicates that fire and emergency medical services (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 575 dwelling units, this request will generate approximately 134 calls for fire and
EMS each year. The applicant has addressed the impact on fire and EMS. (Proffered
Condition 4)
The Phillips Volunteer Fire Station, Company Number 13, and the Ettrick-Matoaca
Volunteer Rescue Squad currently provide fire protection and emergency medical service.
This is an all volunteer fire company. ' Continued development in this area may strain
volunteer resources. 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.
Access to Lake C,hesdin through the development will be .beneficial to County fire and
emergency medical service (Proffered Condition 10). The location and timing of the
provision of the access will be made at the time of the review of the overall conceptual
subdivision plan. This allows consideration of the appropriate location given the overall
design of the project, appropriate planning with respect to impacts of such uses, as well as
notice to future homeowners.
Schools:
Approximately 293 students will be generated by this development. This site lies in the
Matoaca Elementary School attendance zone: capacity - 474, enrollment -- 525; Matoaca
Middle School zone: capacity - 1,436, enrollment - 1,069; and Matoaca High School zone:
capacity - 1,594, enrollment -- 1,737. The enrollment is based on September 30, 2005 and
the capacity is as of 2005-2006.
This request,will have an impact on elementary and secondary schools involved. There are
currently three (3) trailers at Matoaca Elementary and three (3) at Matoaca Middle.
This case, combined with other tentative residential developments and zoning cases in the
zones, would continue to push these schools to capacity, especially at the secondary level,
This case could necessitate some form of relief in the future.
10 05SNO284-FEB22-BOS
The applicant has offered measures to assist in the mitigation of impacts on schools. (Proffered
Condition 4)
T Ahraries-
Consistent with the Board of Supervisors' policy, the impact of development on library
services is assessed county -wide. Based on projected population growth, the Public Facilities
Plan identifies a need for additional library space throughout the County. Development of
the property noted in this case would most likely affect the Ettrick-Matoaca Library. The
Plan identifies a need for additional space in the Ettrick-Matoaca area. The applicant has
addressed the impact of development on library facilities. (Proffered Condition 4)
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 also identifies shortfalls in trails and
recreational historic sites.
The applicant has offered measures to assist in addressing the impact of this proposed
development on these Parks and Recreation facilities (Proffered Condition 4).
Transportation:
The property (1,290 acres) is currently zoned Agricultural (A), and the developer is
requesting rezoning to Residential (R -$S) with Conditional Use Planned Development to
permit development of a mixed-use project; including residential, office and retail uses. The
developer has submitted a zoning Map that subdivides the property into six (6) tracts, Tracts
A, B, C, D, D 1 and D2. The Textual Statement identifies land uses that could be developed
in each Tract. Tracts D, D 1 and D2 will be developed for residential use. Tract B could be
developed for residential and/or office/retail uses. Tracts A and C will be developed for
office/retail uses. The developer has proffered a maximum density of 575 residential units on
the property (Proffered Conditions 3). The Textual Statement establishes a maximum
density for each office/retail Tract: Tract A will have a maximum 80,000 square feet, Tract B
will have a maximum 40,000 square feet, and Tract C will have a maximum 20,000 square
feet. This request will not limit development of these office/retail Tracts to a specific land
use; therefore, it is difficult to anticipate traffic generation.
Based on single family and shopping center trip rates, development could generate
approximately 13,650 average daily trips. Some of these trips will occur between uses within
this proposed development. Most of these vehicles will travel off-site and be initially
1 05SNO284-FEB22--BOS
distributed along River Road, which had 2005 traffic counts of 2,314 vehicles per day (VPD)
north of the Graves Road intersection and 2,195 VPD south of the Graves Road intersection.
The Thoroughfare Plan identifies River Road as a major arterial with a recommended right of
way width of ninety (90) feet. The developer has proffered to dedicate forty-five (45) feet of
right of way, measured from the centerline of River Road, in accordance with that Plan.
(Proffered Condition 7)
Access to major arterials, such as River Road, should be controlled. The developer has
proffered that direct vehicular access from the property to River Road will be limited to three
(3) public roads (Proffered Condition 8.A). In addition to its River Road 'frontage, the,
property has frontage along LeMaster Road and Graves Road. In order to address
neighborhood concerns, the developer has also proffered that no vehicular access will be
provided from the property to LeMaster Road, and that vehicular access from the property to
Graves River Road will be limited to one (1) public road, generally located within 1,000 feet
west of the LeMaster Road/Graves Road intersection. (Proffered Condition 8.B)
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. In accordance with the Stub Road Policy,
residential collector streets may be required through parts of the property. Specific
recommendations regarding the need for residential collector streets will be addressed at time
of tentative subdivision plat review.
The traffic impact of this development on area roads must be addressed. Due to the vertical
and horizontal alignment of River Road, sight distance at the Graves Road intersection is
limited. In addition, Graves Road, east of River Road, is approximately sixteen (16) feet
wide with no shoulders. Graves Road, including its intersection with River Road, must be
improved. The developer has proffered to: 1) construct additional pavement along River
Road to provide left and right turn lanes at each approved access, including turn lanes at the
Graves Road intersection, based on Transportation Department standards; 2) widen improve
the south side of River 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 the road for the entire property frontage; 3) reconstruct Graves Road
to twenty-four (24) foot wide pavement with seven (7) foot wide unpaved shoulders on each
side of the roadway from River Road to the public road access into the property; and 4)
provide adequate sight distance along River Road at the Graves Road intersection. (Proffered
Condition 9)
Based *on Transportation Department standards, both left and right turn lanes will, be
warranted along River Road at each approved access and at the Graves Road intersection.
Constructing these turn lanes and providing improvements to Graves Road may require the
developer to acquire some "off-site" right of way. According to Proffered Condition 9.E, if
the developer is unable to acquire the off-site right of way for any road improvement, the
developer may request the county to acquire the right of way as a public road improvement.
12 05SNO284-FEB22-BOS
All costs associated with the acquisition will be borne by the developer. If the county chooses
not to assist with the right of way acquisition, the developer will not be obligated to acquire
the "off-site" right of way and will only be obligated to construct road improvements within
available right of way. (Proffered Condition 9.E)
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. River Road will be directly impacted by development of this
property. Sections of River Road have nineteen (19) to twenty-one (2 1) foot wide pavement
with one (1) foot wide shoulders. The capacity of River Road is acceptable (Level of Service
C) for the volume of traffic it currently carries (2,314 and 2,198 VPD).
The developer has proffered to provide contributions, in an amount consistent with the Board
of Supervisors' Cash Proffer Policy, for area road improvements (Proffered Condition 12).
The proffer. would require the developer to pay: 1) prior to recordation of the initial
subdivision plat, the amount of $1,007,395; and 2) prior to recordation of a subdivision plat
that would result in more than a cumulative total of 113 lots on the property, the amount of
$1,007,395; and 3) prior to issuance of each building permit on lots that are in excess of 226
recorded lots on the property, the amount of $8,915 per dwelling unit. The money'will be
used for road improvements in accordance with the Board's Policy, and could be used
towards improvements at the Nash Road and River Road intersection. Proffered Condition
12 would also allow, upon mutual agreement of the Transportation Department and the
developer, the developer to provide road improvements equal to the cost of such payment(s).
This option will be considered at time of tentative subdivision plat review. (Proffered
Condition 12 )
As development continues in this part of the county, traffic volumes on area roads will
substantially increase. Additional funds will need to be identified to 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.
At time of tentative subdivision review, specific recommendations will be provided
regarding access, the internal street network and providing stub road rights of way to adjacent
properties.
13 - 05SNO284-FEB22-BOS
Financial Impact on Ca ital Facilities:
Potential Number of New Dwelling Units
Population Increase
Number of New Students
Elementary
Middle
High
TOTAL
"T -IT -1 T TA TTrr
575* 1.00
11564.00 2.72
133.98
0.23
74.75
0.13
97.18
0.17
305.90
0.53
Net Cost for Schools
39075,100
5,348
Net Cost for Parks
347,300
604
Net Cost for Libraries
2007675
349
Net Cost for Fire Stations
2329875
405
Average Net Cost for Roads
5,141,650
8,942
TOTAL NET COST
81,9975600
15,648
*Based on a proffered maximum yield of 575 dwelling units (Proffered Condition 3) .
The actual
number of units 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 648p er 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. The applicant has
been further advised that a maximum proffer of $10,269 per unit would defray the cost of the capital
facilities necessitated by the age -restricted portion of the proposed development, as it will have no
increased impact on the schools facilities.
Consistent with the Board of Supervisors' policy, and proffers accepted from other applicants, the
applicant has offered cash in the amount of $6,685 per unit to assist in defraying the cost of this
proposed zoning on schools, libraries, parks and fire stations (Proffered Condition 4). The applicant
has offered cash in the amount of $1,354 per dwelling unit for the age -restricted portion of the
proposed development, as it will have no additional impact on schools. To offset the transportation
impact, the applicant has proffered a lump sum payment of $1,007,395 to be paid prior to recordation
of the initial subdivision plat within the property and a second lump sum payment of $1,007,395
prior to recordation of the subdivision plat that includes the 114th recorded lot within the property.
Subsequent to recordation of the 226th lot, the tralisportation proffer will be paid in accordance with
proffered conditions (Proffered Condition 12). The applicant has agreed to adjustments to both
proffered lump sum amounts to address changes in the Marshall and Swift Building Cost Index, in
14 05SNO284-FEB22-BOS
accordance with the Board's policy, if paid after June 30, 2006: These proffered conditions
adequately address the impact of this proposed rezoning on transportation facilities.
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 proffered conditions as offered in this case.
LAND ITQF
Comprehensive Plan:
Lies within the boundaries of the Southern and Western Area Plan which suggests the
property is appropriate for residential use of 1 to 5 acre lots, suited for Residential (R-88)
zoning. While R-88 zoning allows development of one (1) acre lots, such lots are required to
utilize both public water and sewer and the one (1) acre is only permitted if provisions are
made to provide open space in a recorded open space use under the Virginia Land Use
Assessment Law.
The Plan further suggests that neighborhood convenience nodes may be appropriate "within"
planned residential areas provided such nodes have adequate access and are located such that
transition issues to include limited uses, building scale, architecture and site design are
considered to ensure compatibility.
Area Development Trends:
The area is currently characterized primarily by Agricultural (A) zoning with scattered single
family residential development on large parcels. There are several older subdivisions in the
area zoned Residential (R-15) and (R-25). These zonings pre -date the adoption of the Plan.
The most recent zoning in the area allowed for development of Chesdin Landing Subdivision
which is zoned R-88. It is anticipated that larger -lot residential development will continue in
the area on properties zoned Residential (R-88) as recommended by the Plan.
Site Design:
The 1290.8 acre request property is proposed for Residential (R-88) zoning. The applicant
has indicated that the property will be developed for single family residential uses on lots
with a minimum area of one (1) acre, along with commercial uses, residential stock farm use,
agricultural uses and associated business uses, and supporting community recreational uses.
However, the Textual Statement contains language which suggests the entire property may be
developed in accordance with Residential (R-88) standards arid, if so, the requirements of the
Textual Statement do not apply. Should the Board wish to approve this request and have
concerns that development occur in accordance with the spirit and intent of the textual
statement, modification would be appropriate.
15 05SNO284-FEB22-BOS
Uses are proposed to be located and developed as generally depicted on the Zoning Map
submitted with the application. The Plan divides the property into various tracts and the
Textual Statement outlines the uses and development standards in each tract. .
The Tracts' locations and sizes, including further divisions into Sub -tracts, may be modified
so long as land use transitions and compatibility between different uses are addressed
(Textual Statement II.B.)
Mixing of residential, commercial and office uses are proposed only within Tract B and may
be permitted provided land use transitions between different uses are addressed. (Textual
Statement II.C.)
Residential Density and Minimum Lot Areas:
Proffered Condition 3 limits residential development to a maximum of 575 dwelling units
yielding a density of approximately 0.45 dwelling units per acre depending upon the amount
of land consumed for non-residential uses. Even though the maximum allowable density is
less than 0.5 dwelling units per acre (Proffered Condition 3), the proposed zoning fails to
comply with the recommendations of the Southern and Western Area Plan that the request
property is appropriate for Residential (R-88) Zoning.
The Residential (R-88) District requires that each lot contain a minimum of 88,000 square
feet, except that under certain circumstances, the minimum lot area may be reduced to 65,340
where public water and private septic systems will be utilized and to one (1) acre where
public water and sewer are provided. Lot reduction is only permitted with the provision of
open space preservation intended to protect and enhance environmental and visual amenities
of the southern and western areas of the County as recommended by the Plan such as the
forested views and/or rural character along the roadways. The reduction in lot size is only
permitted where provisions are made to provide land area meeting the standards for
classification of real estate as devoted to open space use under the Virginia Land Use
Assessment Law and the land area must be sub j ect to a recorded perpetual easement held by
the County.
Residential. development is proposed on one (1) acre lots utilizing public water and
individual septic systems. There are no provisions which would require development design
other than typical suburban residential development on large lots. This request fails to
preserve or enhance the rural character as recommended by the Plan. while the application
allows for rural uses such as stock farms and pasture areas, there are no guarantees that such
uses will become part of the development.
Open Space and Agricultural Uses:
Should this request be approved, lots will be permitted to be a minimum of one (1) acre or
43,560 square feet rather than a minimum of two (2) acres or 88,000 square feet as required
by the Zoning Ordinance in the Residential (R-88) Zoning District. This reduction is allowed
16 05SNO284-FEB22-BOS
by Ordinance through Conditional Use Planned Development provided that permanent open
land, in an amount equivalent to that by which each residential lot is reduced, is provided in
common areas (open space) within the development. This open space is different than the
open space requirements of typical R-88 as discussed in the "Residential. Density and
Minimum Lot Area" section of this Analysis. In addition, Proffered Condition 1 I provides
that a minimum of 200 acres will be provided in open space which includes Resource
Protection Areas (RPAs). The proffered condition provides that trails, passive recreation and
similar improvements may be constructed in the open space as permitted by applicable law.
The Residential (R-88) District standards requires RPA areas and other environmentally
sensitive areas to be excluded from the acreage used to calculate the number of permitted
dwelling units where lot sizes are reduced.
Specific open space areas are shown on Exhibit A as Tracts A-1 and D-3 (Textual Statement
IV.A.2.d and IV.F). Tract A-1 is described as a 100 foot setback area between River Road
and the office and commercial uses permitted within Tract A. Tract D-3 is described as open
space that will extend into the property a minimum of 100 feet from the ultimate Graves
Road right of way and any adjacent property lines.
Within Tract D-3 and within other open space areas throughout the development, a limited
number of agricultural uses would be permitted (Textual Statement IV.D. Lb). The Textual
Statement limits sizes and heights of structures associated with such uses, prohibits public
address systems and establishes setbacks for structures. Section IV.D.2.b(v) addresses the
architectural design of associated buildings or structures.
Within Tracts D-1 and D-2, residential stock farms (exclusive of pigs) would be permitted as
an accessory use on lots hiving two (2) or more acres (Exhibit A and Textual Statement
IV.E). The Textual Statement addresses setbacks, building size limitations and other
restrictions to minimize the impact of such uses on surrounding residential uses. The
standards address architectural treatment of associated stock farm buildings on individual
lots similar to that provided for such buildings serving "Community Agricultural Uses" and
address maintenance of areas for the keeping animals (Textual Statement IV.E.2.a.iii and iv).
In addition, Section IV.E.3. provides that a certain amount of open space or a public road
will be incorporated into the overall design to provide transition between Tracts D-1 and D-2
and Tract D where residential stock farm use is not permitted.
Ajae Restriction:
Proffered Condition 5 requires any housing units designed for occupancy by seniors to be
grouped together and identified on development plans in an effort to accurately track the
impacts on capital, facilities.
Commercial Nodes:
The Master Plan conceptually depicts three (3) areas reserved for commercial and office uses
on a total of fifty (50) acres (Exhibit A —Tracts A, B and Q. The Southern and Western
17 05SNO284-FEB22-BOS
Area PlanP rovides that commercial uses designed primarily to serve the convenience of the
planned residential community in which they are located may be appropriate when such
commercial uses are designed with appropriate access and are located "within" a planned
development.
Within these commercial nodes, permitted uses include those uses permitted in the
Neighborhood Business (C-2) District except that certain uses are prohibited. (Textual
Statement IV. A.1.).
The Textual Statement provides limitations on acreage for these commercial nodes and
square footage limitations for uses. As it is written, development of commercial uses would
be limited to a maximum gross square footage of 80,000 square feet with limitations on
individual tenant spaces within Tract A (Textual Statement IV.A.2.b), a maximum gross
square footage of 40,000 square feet with limitations on individual tenant spaces within Tract
B (Textual Statement IV.B.2.b) and a maximum gross square footage of 20,000 with
limitations on individual tenant spaces within Tract C (Textual Statement IV.C.2.b). As
written, the potential exists to have larger commercial uses on smaller acreages both along
River Road and within the development. For instance, as written, Tract A is permitted to be
a maximum of twenty (20) acres, but could be two (2) acres with the same building square
footages. These sections of the Textual Statement should be rewritten to clarify the
allowable building square footage per acre (as is provided for the Convenience Business (C-
1)District in the Zoning Ordinance).
The Textual Statement provides that development within these nodes would comply with
Emerging Growth District Standards except that Tract A is proposed to have consistent
architectural design elements and materials incorporating the characteristics of a grouping of
rural village buildings as generally exemplified in Exhibit B (Textual Statement IV.A.2.e)
and Tract B is proposed to have a design that will incorporate features based on traditional
village design as generally exemplified in Exhibit C (Textual Statement IV.B.2.£).
It is important to note that the exact design of these commercial nodes would be required to
be approved by the Planning Department at the time of plan review. The Textual Statement
and Exhibits B & C intend to show a "rural village" or "grouping of rural village buildings."
The proposed commercial nodes do not comply with the recommendations of the Plan. The
commercial and office uses proposed for Tracts B and C meet the Plan's criteria relative to
their location, but proposed square footages for individual uses and permitted acreage for
each node exceeds Zoning Ordinance recommendations for convenience business uses. The
location of commercial and office uses as identified as Tract A, along a major arterial at the
periphery of the development, is not located "within" the planned development as the Plan
envisions, but rather creates a commercial area designed to serve a larger community on the
"fringe" of the development. The 100 foot setback (Textual Statement 4.A.2.d.) attempts to
minimize the visual impact of the commercial uses on the area and to minimize the potential
for a precedent for other commercial uses along River Road. The Plan suggests that
neighborhood commercial uses are most. appropriate at the intersection of north/south and
18 05SNO284-FEB22-BOS
east/west arterial/collector roads. Staff suggests commercial uses within Tract A be relocated
away from River Road as suggested by the Plan. Staff also recommends that the commercial
and office use in Tracts A. B and C should meet the requirements of the Convenience
Business (C-1) District to limit building sizes, permitted acreages and square footages per
acre, and to promote these uses as solely "convenience use" as envisioned by the Plan.
In addition to the commercial uses, single family residential use would be permitted within
Tract B (Textual Statement W.B. La). Tract B could be developed entirely for either
residential or commercial use.
Street Connectivit :
The property has potential access through three (3) stub- road rights of way, River Road,
Graves Road and LeMaster Road. Proffered Condition 83. precludes vehicular access from
the property to LeMaster Road. A waiver to the "Residential Subdivision Connectivity
Policy" to preclude access to LeMaster Road has been requested.
Thep � u ose of the Connectivity Policy. is to require street interconnectivity which will
improve public safety response times, provide alternative travel paths between
neighborhoods, prevent excessive through traffic on local streets and will assist in
maintaining capacities of arterial and collector streets. Specific standards of the Policy
address interconnectivity of new streets, the layout of a development's overall street network,
street extensions and pedestrian pathways and stub roads.
The "Policy". allows the Board, through the Commission's recommendation, -to waive the
requirement for streets in new subdivisions to connect to adjacent public streets, that are
designed as local streets, residential collectors and thoroughfare streets. It is important to
note that the applicant requested the waiver subsequent to the Commission's consideration of
this request, therefore, the Commission made no recommendation regarding this waiver
request. Staff must evaluate this waiver based upon three (3) criteria: (1) there must be a
sufficient number of other stub streets to adequately disperse traffic and not cause. a
concentrated use of any one (1) stub street; or (2) the connection to a particular stub will
cause concentrated traffic at that location; (3) the projected traffic volume on any one (1
local street within an existing subdivision exceeds 1,1500 vehicle trips per day.
The applicant provides that the waiver to connection to LeMaster Road should be granted
because: (1) LeMaster Road is not built to current State road construction standards; (2)
LeMaster Road connects directly to Graves Road which does not direct traffic away from the
project; and, (3) the connection could cause traffic on LeMaster to exceed 1,500 vehicle trips
per day. These statements are not sufficient to justify granting the waiver. While it is true
LeMaster Road isnot currently built to State standards, the Policy does not suggest waivers
to connectivity should be granted based on the existing condition of a road. Secondly
maintaining all available stub road connections (LeMaster, Graves and River Roads) would
better disperse traffic generated by this proposed development. Limiting these connections
would put the traffic burden on particular stub(s) in violation of the "Policy" standards.
19 05SNO284-FEB22-BOS
Finally, since exact subdivision layout has been provided, there is no evidence to suggest the
connection to 'LeMaster Road would cause traffic on LeMaster to exceed 1,500 vehicle trips
per day.
As such, staff does not support the exception to connectivity.
MMA T TnmP0'
A maximum of four (4) model homes located temporarily within modular office units would
be permitted within all Tracts. The Textual Statement provides for minimum standards of
the Zoning Ordinance relative to model homes. (Textual Statement III.A.)
Recreational Facilities:
Passive and active recreational uses limited to facilities and uses that primarily serve the
surrounding residential community would be permitted within all Tracts. Such.uses include,
but are not limited to, picnic areas, trails, sidewalks, ponds, swimming pools, tennis courts,
basketball courts, playgrounds and clubhouses. The Textual Statement provides for setbacks,
buffers and other restrictions to minimize the impact of such uses on surrounding residential
uses. (Textual Statement 111.13)
Prohibition on Manufactured Homes:
Proffered Condition 6 prohibits manufactured homes. The Ordinance also precludes
manufactured homes in residential zoning districts. The proffered condition has been offered
in anticipation of a potential State Law change which may require localities to allow
manufactured homes in residential districts. If the State Law is amended, depending upon
the adopted language, this proffered condition may not be enforceable in the future.
Restrictive Covenants:
Alleys:
Proffered Condition 13 requires 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.
Alleys may be provided throughout the development. The Textual Statement contains
language establishing minimum standards for alleys. The location and design of alleys is
best addressed during plan review when more details are known; therefore, this language
should be omitted from the Textual Statement.
20 05SNO284-FEB22-BOS
Street Trees and Sidewalks:
As previously noted, 'a mixture of residential, office and commercial uses are permitted
within Tract B. The Textual Statement provides that this area will be developed with a
"traditional village design77 that provides for on and off-street parking, street trees, sidewalks,
pedestrian scale streetscape elements, lighting, and accessory buildings and "features
consistent with a rural village setting" (Textual Statement IV.B.2.f.). Sidewalks will be
provided on both sides of public roads (Textual Statement IV.B.2.g. and IV.B.3.c). Street
p
trees will also be provided on both sides of public roads along which dwellings front
(Textual Statement IV .B .2 .h and iv. B .3 . c.) unless such dwellings "front on" open space,
passive recreation areas, lakes or parks.
CONCLUSIONS
The request fails to comply with the Southern and Western Area Plan which suggests the subject
property is appropriate for residential use suited for Residential (R-88) zoning. While the Plan also
references suitability of one (1) to five (5) acre lots, the R-88 standards specify under what
circumstances lots less than 88,000 square feet would be appropriate. R-88 allows reduction to one
(l) acre if both public water and wastewater are utilized. In this instance, public water and private
individual wastewater treatment facilities are proposed. The R-88 standards suggest that reduction to
1.5 acre lot sizes is appropriate with use of these systems if open space is provided in a perpetual
easement recorded to the County. While the application attempts to address the "spirit and intent" of
the Plan by allowing agricultural uses such as limited stock farm and community agricultural uses,
the application fails to assure the provision of such uses or the provision of any special. design
criteria that would maintain and enhance the rural character of the area. Much of the open space
offered is already protected by the Chesapeake Bay Preservation Requirements and isnot in excess
of that an required of other typical development. Whereas, the R-88 standards address the provision
q y
of "other" open space.
While the applicant is offering open space areas along River and Graves Roads which will be either
left undeveloped or . cultivated as a community garden or orchard, and provides that certain
residential areas will be permitted to incorporate stock farm uses and will have a "rural" design, there
is no guarantee that the ultimate design will not be characteristic of traditional "large" lot suburban
residential development.
In addition, commercial and office uses do not comply with the Plan. The commercial uses do not
meet the locational criteria or the limited service area criteria suggested by the Plan, as discussed in
more detail herein.
As noted herein, the Textual Statement is unclear relative to guaranteed design amenities, alley
design and maximum square footages for commercial use and should not be accepted without further
revision.
Given these considerations, denial of this request is recommended.
21 05SNO284-FEB22-BOS .
CASE HISTORY
Planning Commission Meeting (12/15/05):
At the request of the applicant, the Commission deferred this case to January 17, 2006.
Staff (12116105):
licant was advised in writin that significant, new or revised information should
The app g an y
be submitted no later than December 22, 2005, for consideration at the Commission's
January 17, 2006, public hearing.
Also, the applicant was advised that a $500.00 deferral fee must be paid prior to the
Commission's public hearing.
Applicant (12/22/05):
Drafts of revised and additional proffered conditions, revisions to the Textual Statement and
additional exhibits were submitted.
Applicant (1/4/06): .
Revised proffered conditions and exhibits were submitted.
Applicant (1/5/06):
The deferral fee was paid. .
Planning Commission Meeting (1/17/06):
The applicant did not accept staff's recommendation, but did accept the Planning
Commission's recommendation. There was no opposition present. Concerns were expressed
regarding density, impacts on Lake Chesdin and impacts on schools.
The applicant agreed to correct typographical errors and inconsistencies prior to the Board's
consideration of this request.
22 05SNO284--FEB22-BOS
Mr. Bass indicated that the request warranted approval and encouraged staff to be proactive
inp lanning for adequate public facilities to accommodate development in the area.
On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended approval
and acceptance of the proffered conditions on pages 2 through 8.
AYES: Messrs. Wilson, Bass, Gulley and Litton
ABSENT: Mr. Gecker
Applicant (1/23/06, 219106, 2/15/06 and 2/16/06):
Revisions to the Textual Statement and revised proffered conditions were submitted.
Specifically, proffered conditions were revised to correct dates, typographical errors and to
establish the time period for provision of emergency access to Lake Chesdin. The Textual
Statement was revised to correct dates and typographical and grammatical errors, clarify and
correct development standards for uses and provide for standard setbacks for Graves and
River Roads.
The Board of Supervisors, on Wednesday, February 22, 2006, beginning at 7:00 p.m., will take under
consideration this request.
23 05SNO284-FEB22-BOS
CHESDIN DEVELOPMENT COMPANY
Textual Statement
Apri115, 2005
Revised November 2, 2005
Revised November 21, 2005
Revised December 14, 2005
Revised December 22, 2005
Revised January 23, 2006
Revised February 9, 2006
Revised February 15, 2006
Revised February 16, 2005
This application contains three exhibits described as follows:
Exhibit A — Plan titled "Zoning Plan, Lake Chesdin, Chesdin Development Company" (the
"Zoning Map") dated April 15, 2005, revised November 21, 2005.
Exhibit B — Plan titled "Conceptual Rendering for Tract A," prepared by Glave and Holmes
Associates, and dated September 2005. This exhibit shall be considered a general illustration
of a concept for the rural village commercial buildings within Tract A. This should not be
considered a blueprint for future development, except as explicitly outlined in the Textual
Statement.
Exhibit C — Plan titled "Conceptual Rendering for Tract B," prepared by Glave and Holmes
Associates, and dated September 2005. This exhibit shall be considered a general illustration
of a concept for a rural village, residential and commercial buildings, for Tract B. This should
not be considered a blueprint for future development, except as explicitly outlined in the
Textual Statement.
I. Rezone. Rezone the 1,291 acre Lake Chesdin Property (the "Property") from A to R-
88 with a Conditional Use Planned Development ("CUPD") for the uses permitted in
the R-88 zoning district and to permit exceptions to Ordinance requirements relative to
uses and development standards as set forth below and on Exhibit A.
II. General Conditions.
A. With the exception of lots developed using the R-88 standards set forth in the
Zoning Ordinance, the development shall be designed as set forth in the
Textual Statement. The overall conceptual subdivision plan (the "Concept
Plan") shall identify the location of the various tracts (the "Tracts") and land
uses.
B. To accommodate the orderly development of the Property, the Tracts shall be
located as generally depicted on the Concept Plan, but their location and size,
including further divisions into Sub -Tracts, may be modified so long as they
generally maintain their relationship with each other and any adjacent
properties. A plan for Tract modification shall be submitted to the Planning
Department for review and approval. Such plan shall be subject to appeal in
accordance with the provisions of the Zoning Ordinance for site plan appeals.
Sub -Tract (a designated portion of a Tract) divisions maybe created at the time
of Tentative Subdivision or Site Plan review and shall not require a separate
review as a Tract modification, provided there is no adjustment in the overall
Tract boundary.
C. Mixed Use Plan.
1. Where commercial and residential uses are proposed within Tract B, a
mixed use plan ("Mixed Use Plan") shall be submitted for review and
approval prior to the approval of any Tentative Subdivision or Site Plan
within such Tract.
2. The Mixed Use Plan shall address the land use transitions and
compatibility between the different uses within the Tract and adjacent
Tracts. Land use compatibility and transitions may include, but not
necessarily be limited to, the exact location of uses and buffers, as well
as site design.
3. A Mixed Use Plan may be approved by either the Planning Department
or the Planning Commission at the election of the Developer, and such
review shall be subject to appeal in accordance with the provisions of
the Zoning Ordinance for Site Plan appeals.
III.
'Requirements and Exceptions For All Tracts. If any of the following facilities are to
be provided, they shall be identified on the overall conceptual subdivision plan and on
the record plat for any lot adjacent to such facilities.
A. Model Homes.
1. No more than four (4) temporary model homes (sales offices), located
in modular office units, shall be permitted on the Property at any one
time.
2. Temporary model homes (sales offices) shall be permitted until
December 31, 2010, after such time the modular office units shall be
removed.
3. The model homes (sales offices) shall only be used for sale of lots or
houses within the development in which they are located.
4. The model homes (sales offices) shall not be the primary real estate
office for the companies marketing the development.
5. The model homes (sales offices) shall not be used as a construction
office or for the storage of construction equipment and/or materials.
2
B. Recreational Facilities.
1. Recreational facilities shall be permitted within all Tracts. These uses
shall be limited to facilities and uses that primarily serve the
surrounding residential community including but not limited to passive
recreation (i.e. picnic areas, trails, paths, sidewalks, ponds, open space,
and vistas) and active facilities (i.e. swimming pools, tennis courts,
basketball courts, volleyball courts, playgrounds, and clubhouses).
Z. Outside public address systems or speakers shall not be used between
the hours of 11:00 p.m. and 8:00 a.m. and shall only be used in
conjunction with a pool.
3. With the exception of playground areas which accommodate swings,
jungle gyms or similar such facilities, outdoor play fields, courts,
swimming pools and similar active recreation facilities shall be located
a minimum of 100 feet from any proposed or existing single family
residential lot line and a minimum of fifty (50) feet from an existing or
proposed public road. Nothing herein shall prevent development of
indoor facilities and/or parking within the 100 foot setback. Within the
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. These buffers and setbacks maybe modified by the Planning
Commission at the time of plan review.
4. 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. These
buffers and setbacks maybe modified by the Planning Commission at
the time of plan review.
C. Alleys.
Alleys, where provided, will generally serve the rear or side portion of a lot.
Alleys will be located within a minimum eighteen (18) foot wide private
easement that will be maintained by the homeowners association. Alley
pavement shall be a minimum of sixteen (16) feet in width. For alleys that
cross a lot generally parallel to the lot frontage or public road, the alley
easement shall be no closer than 120 feet from the front lot line or public road.
For alleys that parallel a side lot line, the alley easement shall provide access to
each lot adjacent to the alley.
IV. Requirements for Specific
Tracts:
A. Tract A.
1. Uses.
Uses within Tract A shall be limited to those uses permitted by
right
or with restrictions in the Neighborhood Business (C-2) and the
Corporate Office (O-2) Districts, except that the following uses shall
not be permitted:
a.
Appliance store.
b.
Communication studios, offices, and stations, exclusive of
towers.
C.
Department stores.
d.
Funeral homes or mortuaries.
e.
Furniture stores.
f.
Hospitals.
g.
Medical and dental laboratories.
h.
Motor vehicle accessory stores.
i.
Radio, television and other home entertainment, sales and
services.
j.
Rest, convalescent or nursing homes and other group care
facilities.
k.
Telephone exchanges.
2. Requirements:
a.
Development shall conform to Emerging Growth District
Standards for commercial and office uses except as provided
below.
b.
Uses within Tract A (inclusive of Sub -Tract A-1) shall be
permitted on a maximum of 20 acres and shall be limited to a
total of 80,000 gross building square feet, with a maximum of
20,000 square feet per building.
C.
Development shall be designed with an orientation away from
River Road.
4
d. Buildings, parking and drives shall be set back at least 100 feet
from the ultimate River Road right-of-way, which setback area
shall be maintained as open space as generally shown on the
Exhibit A as Sub -Tract Al.
e. Development shall have consistent architectural design
elements and materials to incorporate the characteristics of a
grouping of rural village buildings generally exemplified in
Exhibit B. All commercial buildings and structures shall have
an architectural style compatible with the surrounding
residential development. Compatibility may be achieved
through the use of similar building massing, materials, scale or
other architectural features. Uses shall front the public streets
and have both on -street and off-street parking spaces, street
trees, sidewalks, pedestrian scale streetscape elements, lighting,
and accessory buildings and features consistent with a rural
setting.
f. No goods may be produced for retail sale on the premises if
more than five persons are engaged in such production.
g. All uses, including storage, shall be conducted entirely within
an enclosed building, except for accessory automobile parking,
loading or unloading facilities.
h. The required number of parking spaces maybe reduced by ten
percent if the site is adjacent to or within a neighborhood
containing pedestrian ways that extend to the site and are
constructed within the site.
B. Tract B.
1. Uses. Uses within Tract B shall be limited to the following:
a. Uses permitted in Tract A and in Tract D.
b. Bed and Breakfast ("B&B"). A B&B is defined as a building or
group of buildings designed for transient occupancy. The
owner or operator of a B&B may or may not live on the
premises. A B&B may contain areas with a central kitchen,
meeting rooms, dining room, restaurant, and recreation room.
A B&B may contain outdoor areas to include, but not be limited
to, patios, gardens, boat docks, and dining and cooking
facilities. Restaurant facilities and the grounds may be open to
the general public. Rooms may be inside or detached from a
main building in small structures designed to complement the
architecture of the main building.
2. Requirements for Commercial and Office Uses:
a. Commercial and office uses shall conform to Emerging Growth
District Standards except as provided below.
b. Commercial and office uses within Tract B shall be permitted
on a maximum of 10 acres and shall be limited to a total of
40,000 gross building square feet, with a maximum of 15,000
square feet per building.
C. No goods may be produced for retail sale on the premises if
more than five persons are engaged in such production.
d. All uses, including storage, shall be conducted entirely within
an enclosed building, except for accessory automobile parking,
loading or unloading facilities.
e. The required number of parking spaces maybe reduced by ten
percent if the site is adjacent to or within a neighborhood
containing pedestrian ways that extend to the site and are
constructed within the site.
f. The design of Tract B shall incorporate features based on
traditional village design with buildings fronting on the public
streets or open spaces, and built to be more compact and closer
to the street. The village design shall provide for both on -street
and off-street parking spaces, street trees, sidewalks, pedestrian
scale streetscape elements, lighting, and accessory buildings and
features consistent with a rural village setting. Tract B shall
have consistent architectural design elements and materials to
incorporate the characteristics generally exemplified in
Exhibit C. Residential and commercial buildings or structures
within Tract B shall be architecturally compatible.
Compatibility may be achieved through the use of similar
building massing, materials, scale, or other architectural
features.
g. Sidewalks and trails may be provided for pedestrian access in
Tract B. Generally, sidewalks shall be provided on both sides
of public roads.
h. Street trees shall be provided along each side of all rights-of-
way
ights-ofway along which dwellings front, except that if the dwelling
units front on open space, passive recreation areas, lakes, or
parks, street trees shall not be required.
C1
3. Requirements for Single Family Residential Uses:
a. The design of Tract B shall incorporate features based on
traditional village design with buildings fronting on the public
streets or open spaces, and built to be more compact and closer
to the street. The village design shall provide for both on -street
and off-street parking spaces, street trees, sidewalks, pedestrian
scale streetscape elements, lighting, and accessory buildings and
features consistent with a rural village setting. Tract B shall
have consistent architectural design elements and materials to
incorporate the characteristics generally exemplified in
Exhibit C. Residential and commercial buildings or structures
within Tract B shall be architecturally compatible.
Compatibility may be achieved through the use of similar
building massing, materials, scale, or other architectural
features.
b. Principal Structures.
(i) Lot area and width. Each lot shall have an area of not
less than 43,560 square feet and a lot width of not less
than 120 feet.
(ii) Percentage of lot coverage. All buildings, including
accessory buildings, on any lot shall not cover more than
thirty (30) percent of the lot's area.
Front yard. Minimum of thirty-five (35) feet in depth.
Minimum setbacks shall be increased where necessary
to obtain the required lot width at the front building line.
(iv) Side yard. Two (2) side yards, each a minimum of
fifteen (15) feet in width.
(v) Corner side yard. Minimum of twenty-five (25) feet.
(vi) Rear yard. Minimum of fifty (50) feet in depth.
C. Accessory Structures. Setbacks for accessory structures shall
conform to the setback requirements for principal structures.
d. Sidewalks and trails may be provided for pedestrian access in
Tract B. Generally, sidewalks shall be provided on both sides
of public roads.
e. Street trees shall be provided along each side of all rights-of-
way along which dwellings front, except that if the dwelling
7
units front on open space, passive recreation areas, lakes, or
parks, street trees shall not be required.
C. Tract C.
1. Uses. Uses within Tract C shall be limited to those uses permitted in
Tract A.
2. Requirements:
a. Development shall conform to Emerging Growth District
Standards for commercial and office uses except as provided
below.
b. Uses within Tract C shall be permitted on a maximum of 20
acres and shall be limited to a total of 20,000 gross building
square feet, with a maximum of 12,000 square feet per building.
C. No goods may be produced for retail sale on the premises if
more than five persons are engaged in such production.
d. All uses, including storage, shall be conducted entirely within
an enclosed building, except for accessory automobile parking,
loading or unloading facilities.
e. The required number of parking spaces maybe reduced by ten
percent if the site is adjacent to or within a neighborhood
containing pedestrian ways that extend to the site and are
constructed within the site.
f. Development shall have consistent architectural design
elements and materials to incorporate the characteristics of a
grouping of rural village buildings generally exemplified in
Exhibit B. All commercial buildings and structures shall have
an architectural style compatible with the surrounding
residential development. Compatibility may be achieved
through the use of similar building massing, materials, scale, or
other architectural features. Uses shall front the public streets
and have both on -street and off-street parking spaces, street
trees, sidewalks, pedestrian scale streetscape elements, lighting,
and accessory buildings and features consistent with a rural
setting.
0
D. Tract D.
1. Uses. Uses within Tract D shall be limited to the following:
a. Uses permitted by -right and with restrictions in the R-88 district
(single family residential use).
b. Community agricultural uses, limited to the propagation and
cultivation of crops, flowers, trees, and shrubs within open
space that is owned, operated and maintained by a homeowner's
association (such as a community garden and/or orchard),
including farm accessory buildings and structures related
thereto.
2. Requirements for Single Family Residential Use:
a. Principal Structures.
(i) Lot area and width. Each lot shall have an area of not
less than 43,560 square feet and a lot width of not less
than 120 feet.
Percentage of lot coverage. All buildings, including
accessory buildings, on any lot shall not cover more than
thirty (30) percent of the lot's area.
Front yard. Minimum of thirty-five (35) feet in depth.
Minimum setbacks shall be increased where necessary
to obtain the required lot width at the front building line.
(iv) Side yard. Two (2) side yards, each a minimum of
fifteen (15) feet in width.
(v) Corner side yard. Minimum of twenty-five (25) feet.
(vi) Rear yard. Minimum of fifty (50) feet in depth.
b. Accessory Structures. Setbacks for accessory structures shall
conform to the setback requirements for principal structures.
3. Requirements for Community Agricultural Uses:
a. Principal Structures
(i) The square footage of any buildings or structures
supporting community agricultural uses shall be limited
to a maximum of 5,000 square feet each.
6
Buildings and structures for community agricultural uses
shall limited to a maximum height of fifty (50) feet.
There shall be no outside public address systems or
speakers.
(iv) Any buildings or structures for community agricultural
uses shall be set back a minimum of fifty (50) feet from
all property lines not within the development. This
setback requirement maybe modified by the Planning
Commission at the time of plan review.
(v) The architectural design of buildings or structures for
community agricultural uses shall reflect the architecture
of farm out -buildings and shall be compatible with the
project's residential development. Compatibility maybe
achieved through the use of similar building massing,
materials, scale, or other architectural features. No
prefabricated metal structures shall be permitted.
(vi) Front yard. Minimum of thirty-five (35) feet in depth.
(vii) Side yard. Two (2) side yards, each a minimum of
fifteen (15) feet in width.
(viii) Corner side yard. Minimum of twenty-five (25) feet.
(ix) Rear yard. Minimum of fifty (50) feet in depth.
(x) Lot area, width, and percentage of lot coverage. No
minimums.
E. Tracts D 1 and D2. Tracts D 1 and D2 are intended to be Sub -Tracts of Tract D.
The exact boundaries of Tracts D 1 and D2 shall be determined at the time of
conceptual subdivision review.
1. Uses. Uses within Tracts D 1 and D2 shall be limited to the following:
a. Single family residential uses permitted in Tract D.
b. Residential Stock Farms, as an accessory use, and defined as:
the keeping of animals defined as "livestock" and "poultry" in
the County Code of Ordinances, but shall not include the
keeping of animals defined as "pigs" in the County Code of
Ordinances.
10
2. Requirements for Single Family Residential Uses:
a. Principal Structures
(i) Lot area and width. Each lot shall have an area of not
less than two (2) acres and a lot width of not less than
120 feet.
(ii) Percentage of lot coverage. All buildings, including
accessory buildings, on any lot shall not cover more than
thirty (30) percent of the lot's area.
(iii) Front yard. Minimum of thirty-five (35) feet in depth.
Minimum setbacks shall be increased where necessary
to obtain the required lot width at the front building line.
(iv) Side yard. Two (2) side yards, each a minimum of
fifteen (15) feet in width.
(v) Corner side yard. Minimum of twenty-five (25) feet.
(vi) Rear yard. Minimum of fifty (50) feet in depth.
b. Accessory buildings and structures
(i)
Front yard. Minimum of thirty-five (3 5) feet in depth.
(ii)
Side yard. Minimum of eight (8) feet in width.
(iii)
Corner side yard. Minimum of twenty-five (25) feet.
(iv)
Rear yard. Minimum of twenty (20) feet in depth.
(v)
Height. Maximum of fifty (50) feet.
C. Additional
Requirements for Residential Stock Farms:
(i)
No building associated with the keeping of animals
permitted in the Residential Stock Farms shall be built
within seventy-five (75) feet of any adjacent property or
residential lot not within the development.
Fenced areas for livestock which are adjacent to any
property not within the development shall be set back at
least twenty (20) feet from any adjacent property line.
11
All facilities and areas associated with the keeping of
animals permitted in Residential Stock Farms shall be
cleaned and made free of waste on a regular basis. In
addition, means of eliminating any odor problems and
propagation of insects shall be employed.
(iv) The architectural design of accessory buildings or
structures shall reflect the architecture of farm out-
buildings and shall be compatible with the project's
residential development. Compatibility maybe
achieved through the use of similar building massing,
materials, scale, or other architectural features. No
prefabricated metal structures shall be permitted.
3. In order to provide a transition from lots designed to accommodate
Residential Stock Farms, either a public road or a minimum of twenty-
five (25) feet of open space shall be located around the final boundary
of Tract D 1 and Tract D2 as determined at the time of conceptual
subdivision review.
F. Tract D3
Active13121256.21
The area generally shown as Tract D3 on Exhibit A shall be maintained as
open space. This open space shall extend into the Property a minimum of 100
feet from the ultimate Graves Road right-of-way and any adjacent property
lines not within the development. Community agricultural uses shall be
permitted in this area. Tract D3 may be used as the open space referenced in
N.E.2.a.(ii).
12
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