05SN0193-Feb22STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
OSSN0193
(AMENDED)
SBF LLC
Matoaca Magisterial District
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February!06 BS
Woolridge Elementary, Swift Creek Middle
and Clover Hill High Schools Attendance Zones
West line of Woolridge Road
REQUESTS:
I. .Rezoning from Agricultural (A) and Residential (R-40) to Residential (R-25) plus
Conditional Use to permit recreational facilities.
II. Relief from street access requirements to allow sixty (60) lots on one (1) access.
III. Waiver to street connectivity requirements.
PROPOSED LAND USE:
A residential subdivision having a maximum of sixty-two (62) lots is planned,
yielding a density of approximately one (1) dwelling unit per acre. In addition, a
picnic shelter/gazebo and an observation dock are proposed. Relief is requested
to permit sixty (60) lots off of one access from Woolridge Road. The Ordinance
permits a maximum of fifty (50) lots off of one access. Further, relief is requested
to the Board's Residential Subdivision Connectivity Policy to eliminate a
potential road connection to an adjacent subdivision development.
PLANNING COMMISSION RECOMMENDATION
REQUEST I: RECOMMEND APPROVAL OF REZONING AND CONDITIONAL
USE AND ACCEPTANCE OF THE PROFFERED CONDITIONS AND
PAGES 3 THROUGH 12.
Providing a FIRST CHOICE community through excellence in public service
AYES: MESSRS. WILSON, BASS, GULLEY AND LITTON.
ABSENT: MR. GECKER.
REQUEST II: RECOMMEND APPROVAL OF RELIEF TO STREET ACCESS
REQUIREMENTS.
AYES: MESSRS. WILSON, BASS, GULLEY AND LITTON.
ABSENT: MR. DECKER.
RE VEST III: RECOMMEND APPROVAL OF A WAIVER TO STREET
CONNECTIVITY REQUIREMENTS.
AYES: MESSRS. WILSON, BASS, GULLEY AND LITTON.
ABSENT: MR. DECKER.
STAFF RECOMMENDATION
Request I: Recommend approval of the rezoning with Conditional Use for the following
reasons:
A. The proposed zoning and land uses conform to the Upper Swift Creek
Plan which suggests the property is appropriate for single family
residential use of 2.0 units per acre or less. The proposed recreational uses
will provide a neighborhood amenity.
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.
Request II: Recommend denial of the relief from street access requirements to allow sixty
(60) lots off of one (1) access for the following reasons:
A. The accessibility to and from the development in an emergency situation,
should access be blocked, will be restricted thereby adversely affecting the
health, safety and welfare of citizens in the development.
B. The request fails to meet the Ordinance criteria under which relief should
be granted.
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Request III: Recommend denial of the waiver to street connectivity requirement and that
Proffered Condition 8 not be accepted. This recommendation is made 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 DR THE PROPERTY OWNER(S) 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.)
PROFFERED CONDITIONS
(STAFF/CPC) 1. Public water and wastewater systems shall be used. (U)
(STAFF/CPC) 2. 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)
(STAFF/CPC) 3. The tentative subdivision shall be designed to achieve a .22
phosphorus runoff limitation on-site unless on the date of
submission of the tentative subdivision plan, a more restrictive
standard is required by Ordinance for on-site runoff limitations, in
which case the tentative subdivision shall be designed to meet the
more restrictive standard. (EE)
(STAFF/CPC) 4. A maximum of fifty nine (59) additional dwelling units for a
cumulative total . of sixty- two (62) dwelling units shall be
permitted on the property. (P)
(STAFF/CPC) 5. The minimum gross floor area for each new dwelling unit shall be
2500 square feet. (P)
(STAFF/CPC) 6. 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)
(STAFF/CPC) 7. Manufactured homes shall not be permitted. (P)
(CPC) 8. Only one lot shall be permitted access to Crown Point Road. Such
lot shall have a minimum lot area of 88,807 square feet. (P)
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(STAFF/CPC) 9. A tree preservation area, containing a minimum width of thirty
(30) feet, shall be maintained along the south side of the ultimate
right of way of Crown Point Road, extending a minimum of 200
feet west of the ultimate right of way of Woolridge Road. Within
this area, any healthy trees that are six (6) inches in caliper or
greater shall be retained. As an alternative to this tree
preservation, this area shall be landscaped in compliance with the
Zoning Ordinance requirements for fifty (50) foot buffers. At the
time of subdivision plan review,. a landscape plan shall be
submitted for review and approval by the Planning Department
demonstrating compliance with this condition. (P)
(STAFF/CPC) 10. Prior to tentative subdivision approval, the developer shall submit
certification to the Planning Department that the adjacent
landowners have been notified in writing of the submission of the
tentative plan to the County for review and approval. The tentative
subdivision application shall not be considered complete until such
certification has been submitted to the Planning Department. The
fifteen (15) day period for appeals to the Planning Commission
shall not commence until such certification has been provided. (P)
(STAFF/CPC) 11. Impacts on Capital Facilities. 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, for infrastructure improvements within the service
district for the property:
A. If payment is made prior to July 1, 2006, $6,685.00 per
dwelling unit. At time of payment $6,685.00 will be
allocated pro -rata among the facility costs as follows:
$502.00 for parks and recreation, $348.00 for library
facilities, $5,331.00 for schools, and $404.00 for fire
stations; or
B. If payment is made after June 30, 2006, the amount
approved by the Board of Supervisors not to exceed
$6,685.00 per dwelling unit pro -rated as set forth .in
Proffered Condition 11.A: above and 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.
C. Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law.
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D. Should any impact fees be imposed by the County of
Chesterfield at any time during the life of the development
that are applicable to the property, the amount paid in cash
proffers shall be in lieu of or credited toward, but not be in
addition to, any impact fees, in a manner determined by the
County. (B & M)
(STAFF/CPQ 12. Trans ortation Contribution. The applicant, his successor(s), or
assignee(s) (the "Applicant") shall pay to the County -of
Chesterfield prior to recordation of the initial subdivision plat the
amount of $525,985.00. If this amount is paid after June 30, 2006,
the amount paid shall be adjusted upward by any Board of
Supervisors' approved 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. The payment shall be used for road
improvements in accordance with the Board's cash proffer policy.
The payment could be used towards road improvements to
Woolridge Road.
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 15, 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)
(STAFF/CPC) 13. Direct access from the property to Woolridge Road shall be limited
to one (1) public road and one (1) private driveway that serves the
parcel identified as Tax ID 717-68175038. The exact location of
the public road shall be approved by the Transportation
Department. (T)
(STAFF/CPC) 14. In conjunction with recordation of the initial subdivision plat or
within sixty (60) days of a written request by the Transportation
Department, whichever occurs first, forty-five (45) feet of right-of-
way, measured from a revised centerline of Woolridge Road based
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on VDOT Urban Minor Arterial Standards (50 mph) as approved
by the Transportation Department, for the entire property frontage
shall be dedicated, free and unrestricted, to and for the benefit of
Chesterfield County. (T)
(STAFF/CPC) 15. To provide an adequate roadway system, the developer shall
provide the following improvements with initial development of
the property:
a. Construction of additional pavement along Woolridge Road
at the approved access to provide left and right turn lanes, if
warranted, based on Transportation Department standards.
b. Widening/improving the north side of Woolridge 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. Reconstruction of the substandard horizontal curve on
Woolridge Road, located towards the southern part of the
property, as a two (2) -lane roadway to VDOT Urban Minor
Arterial Standards (50 mph) with modifications approved
by the Transportation Department. The exact length of this
improvement shall be approved by the Transportation
Department.
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)
(STAFF/CPC) 16. Construction traffic for the initial development shall be prohibited
on Crown Point Road. (P)
(STAFF/CPC) 17. Recreational facilities shall be limited to a walking path, picnic
shelter /gazebo and an observation dock. This provision shall not
preclude walking paths and/or sidewalks throughout the
development. (P)
(STAFF/CPC) 18. The recreational facilities shall primarily serve the surrounding
residential community. (P)
(STAFF/CPC) 19. The location of the recreational facilities shall be identified on the
record plat. (P)
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(STAFF/CPC) 20. The recreational facilities shall only be permitted in conjunction
with subdivision development on the'property. (P)
(STAFF/CPC) 21. The following shall be recorded as deed restrictions in conjunction
with the recordation of any subdivision plat:
A. 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:
B. No improvements including, without limitation, a dwelling,
accessory structure, or addition such as a carport, driveway,
porch, sidewalk, roof, lamp post, 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.
C. 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.
D. In considering requests for approval of fences and hedges,
the following general guidelines will be applied:
1. No fence shall be permitted in the front yard of any
Lot (between the building setback line and street
line).
2. No fence or hedge shall generally be permitted
higher than 42 inches of any Lot.
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3. No chain link fences or fences of other materials
similar in nature or appearance will be permitted on
any Lot.
E. Declarant may in its absolute discretion waive or modify
these guidelines and consider such other criteria as it shall
deem appropriate.
F. 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 not more than four (4) square feet
advertising the property for sale or rent, or signs used by a
the initial construction and sales period.
G. 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.
H. No driveway, entranceway, or sidewalk shall be
constructed on any Lot unless approved as provided in
paragraph 2.
I. No swimming pool shall be located nearer to any street line
than the rear building line of the dwelling.
J. 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.
K. No trees over six (6) inches in diameter shall be removed
from any Lot without the prior written approval of
Declarant.
L. No portable air conditioner units will be place in any
window of a dwelling or . other building if visible from a
public street.
M. Except as otherwise provided by applicable law, no exterior
television antenna (including "dish" type) or other antennas
8 05SNO193-FEB22-BOS
shall be permitted to extend over five (5) feet above the
roofline of any building.
N. 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.
O. Any one or more of the covenants or restrictions imposed
by paragraphs I through 14 above may be waived or
modified, in whole or in part, as to the entire Subdivision or
any part thereof, by written instrument signed by Declarant
and recorded where these restrictions are recorded.
P. 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.
Q. Invalidation of any one of the provisions of these
restrictions by judgment, court order, or otherwise shall in
no way affect any of the other provisions which shall
remain in full force and effect.
R. 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.
S. 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,
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the right to enforce compliance with these restrictions as
provided in this paragraph.
T. 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 the Lots
in the Subdivision unless a release, waiver, or breach of any
one 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.
U. 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 "(Subdivision Name Here) Homeowner's
Association" or a similar name (the "Association").
1. 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.
2. 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.
3. 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
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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.
4. In addition to any Annual Assessments, the
Association may levy in any assessment year a
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 (213)
of the lots.
5. 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
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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.
V. The Declarant hereby reserves the right, at Declarant's sole
discretion,' to add the Additional Land to the property
subject to the Declaration of Protective Covenants.
W. All private driveways serving each new dwelling unit shall
be hardscaped. The exact treatment shall be approved at
the time of plan review.
X. All new garages shall be rear or side loaded. (P)
GENERAL INFORMATION
Southwest quadrant of Woolridge and Crown Point Roads. Tax IDs 717-681-5038 and
6767; 717-682-6832; 718-681-3676; and 718-682-3148 (Sheets 9 and 15).
Existing Zoning:
A and R-40
Size:
61.4 acres
Existing Land Use:
Residential or vacant
Adiacent Zoning and Land Use:
North - R-40; Single family residential
South - A; Single family residential or vacant
East - R-95 A and A with Special Exception; Single family residential
West - A; Single family residential
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T TTH IT1FOs
Public Water System:
There is an existing sixteen (16) inch water line extending along Woolridge Road, adjacent
to this site. Use of public water to serve this site is intended (Proffered Condition 1). Per
Utilities Department Design Specifications (DS -21), wherever possible, two ' (2) supply
points shall be provided for subdivisions containing more than twenty-five (25) lots.
Public Wastewater System:
There is an existing fifteen (15) inch wastewater trunk line extending along the boundary of
the Swift Creek Reservoir, adjacent to Foxfire Subdivision, Section 6, which terminates
approximately 700 feet west of the request site. Use of the public wastewater system is a
recommendation of the Upper Swift Creek Area Land Use Plan. Use of the public
wastewater system is intended. (Proffered Condition 1)
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains north directly to Swift Creep Reservoir. There are no on-site
drainage or erosion problems and none are anticipated after development.
The property is wooded and as such, should not be timbered without obtaining a land
disturbance permit from the Department of Environmental Engineering. This ,will insure
that adequate erosion control measures are in place prior to any land disturbance.
(Proffered Condition 2)
Water Quality:
The Swift Creek Reservoir is subject to the Resource Protection Area (RPA) and, as such,
use of these areas is limited. The property must participate in the Upper Swift Creek
Regional Best Management Practice (BMP) Plan, requiring a pro -rata fee for construction
of the regional BMPs, as well as a $ 100 per lot maintenance fee for maintaining the
BMPs.
To address concerns of the Planning Commission and area citizens, the applicant has
agreed to achieve a .22 phosphorous runoff limitation on-site unless on the date of
submission of tentative subdivision submission, a more restrictive standard has been
adopted. (Proffered Condition 3)
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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. 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 sixty-two (62) dwelling units, this request will generate
approximately five (5) calls for fire and emergency medical service each year. The
applicant has addressed the impact on fire and EMS. (Proffered Condition 11)
The Swift Creek Fire Station, Company Number 16, currently provides fire protection
and emergency medical service. when the property is developed, the number of hydrants
and quantity of water needed for fire protection will be evaluated during the plans review
process.
To satisfy the requirement of Section 17-76 of the Subdivision Ordinance, when the
cumulative total of homes in a proposed development exceeds fifty (50), a second public
road access to all dwellings should be provided. This requirement is necessary to provide
emergency vehicles a second access to the homes should the other entrance become
blocked. With the proffered limitation of only one (1) access to Woolridge Road and the
proffered prohibition on a road connection to existing development to the north, the
applicant has requested relief to this access requirement to allow sixty (60) lots off of one
(1) access. The Ordinance states that relief can be granted by the Planning Commission
for a maximum of sixty-two (62) lots at the time of zoning if a preliminary tentative plat
is submitted with sufficient documentation that clearly demonstrates:
A. Existing severe topographic, physical or extenuating circumstances
exist so that there is no other practical means of providing another
access; and
B. Financial hardship is not the principal reason for the waiver; or
C. Without granting relief to these requirements traffic on an existing
local street will exceed the Planning Commission's Stub Road
Policy as determined by the Director of Transportation.
The attached conceptual subdivision layout provided by the applicant does not
demonstrate that any of any of these circumstances exist. The Fire Department opposes
granting relief to the access requirements. It should be noted that the International Fire
14 05SNO193-FEB22-BOS
Code indicates that a second access should be provided when the number of lots served
by a single access exceeds thirty (30).
As previously noted, the applicant has proffered not to mare a street connection to Crown
Point Road within the Kingsport Subdivision (Proffered Condition 8). In addition to this
connection being required to satisfy ordinance requirements for the number of access
points into this proposed development, in an emergency situation, the connection would
benefit both the applicant's project and the Kingspoint development. The Fire
Department continues to support connectivity between subdivisions so that multiple
access points are available to assist in an emergency response. Therefore, the Fite
Department does not support acceptance of Proffered Condition 8.
Schools:
Approximately thirty-one (3 1) students will be generated by this development. This site
lies in the Woolridge Elementary School attendance zone: capacity - 733, enrollment --
782; Swift Creek Middle School zone: capacity - 1,027., enrollment - 1,470; and Clover
Hill High School zone: capacity - 1,582, enrollment - 2,038. The high school assignment
in 2006-2007 will be Cosby High School. The enrollment is based on September 30,
2004 and the capacity is as of 2004-2005.
This request will have an impact on the middle and high schools. There are currently
three (3) trailers at Woolridge; fifteen (15) trailers at Swift Creek Middle and twenty (20)
trailers at Clover Hill High.
A new middle school is in the current Capital Improvements Plan and is proposed to open
in the fall of 2009 that will provide relief for schools in this area of the County. The new
Cosby High School is under construction, and scheduled to open in the fall of 2006. This
school will provide relief for Clover Hill, Manchester and Midlothian High Schools.
This case, combined with other tentative residential developments and zoning cases in the
zones, will continue to push schools over capacity, especially at a secondary level. This
case could necessitate some form of relief in the future. This applicant has addressed the
impact of this development on school facilities. (Proffered Condition 11)
Libraries:
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 in this area of the County would most likely impact either the Clover Hill
Library, the Midlothian Library or a proposed new branch in the Genito Road area. The
Plan indicates a need for additional library space in this area of the County. The
applicant has addressed the impact of this development on library facilities. (Proffered
Condition 11)
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Parrs 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 offered measures to assist in addressing the impact of this development
on these Parks and Recreation facilities. (Proffered Condition 11)
Transportation:
The property, consisting of four (4) parcels (totaling 61.4 acres) is currently zoned
Agricultural (A) and Residential (R-40), and the applicant is requesting rezoning to
Residential (R-25). Three (3) homes have been constructed on the property. The applicant
has proffered that fifty-nine additional dwelling units will be constructed, for a maximum
density of sixty-two (62) dwelling units (Proffered Condition 4). Based on single-family
trip rates, development could generate approximately 670 average daily trips. These
vehicles will be initially distributed to Woolridge Road, which had 2005 traffic count of
10,937 vehicles per day (VPD).
The Thoroughfare Plan identifies Woolridge Road as a major arterial with a
recommended right of way width of ninety (90) feet. Woolridge Road has a substandard
horizontal curve located towards the southern part of the property. The applicant has
proffered to submit a revised alignment for Woolridge Road and dedicate forty-five (45)
feet of right of way, measured from that revised centerline, in accordance with that Plan
(Proffered Condition 14). The applicant's preliminary subdivision plan shows a
realignment of Woolridge Road. The approved realignment for Woolridge Road could
require adjustment to the lot layout shown on that preliminary plan and could affect the
number of lots developed on the property.
Access to major arterials, such as Woolridge Road, should be controlled. Individual
private driveways onto Woolridge Road serve the three (3) homes on the property. The
applicant intends to continue to access one of the homes with one (1) of those existing
driveways. The applicant has proffered that direct access from the property to Woolridge
Road will be limited to one (1) public road and one (I). private driveway. (Proffered
Condition 13)
The applicant has incorporated one (1) recorded lot from the adjacent subdivision
(Kingsport) into this request. Kingsport Subdivision is served by Crown Point Road. To
address neighborhood concerns, the applicant has proffered that only one (1) lot will have
access onto Crown Point Road. (Proffered Condition 8)
16 05SNO193-FEB22-BOS
The traffic impact of this development on area roads must be addressed. The applicant
has proffered to: 1) construct additional pavement along Woolridge Road to provide left
and right turn lanes at the public road access, based on Transportation Department
standards; 2) widen improve the north side of Woolridge 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; and 3) reconstruct, as a two (2) lane road, the substandard curve in
Woolridge Road adjacent to the property (Proffered Condition 15). Based on
Transportation Department. standards, both left and right 'turn lanes will be warranted
along Woolridge Road. According to Proffered Condition 15, all of the road
improvements will be provided with initial development on the property.
The substandard curve in Woolridge Road that the applicant has proffered to improve has
been identified as a high accident location. The county was successful in obtaining
federal safety funds to improve this curve. The Virginia Department of Transportation
(VDOT) is managing this safety project, which is tentatively scheduled for construction
in 2008. The applicant could delay this proposed development until VDOT improves the
curve, or proceed with the development and provide all of the proffered road
improvements.
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. Woolridge Road will be directly impacted by
development of the property. Sections of Woolridge Road, south of Genito Road, have
eighteen (18) to twenty-one (21) foot wide pavement with no shoulders, and guardrail
immediately adjacent to the road. The section of Woolridge Road across the Swift Creek
Reservoir is not in the State Highway System, and is the responsibility of the county.
Based on the current (2005 count) volume of traffic (10,,937 VPD), that section of
Woolridge Road is at capacity (Level of Service E). .
The applicant has proffered that a lump sum contribution, in an amount consistent with
the Board of 'Supervisors' Cash Proffer Policy, of $525,985 will be provided for area road
improvements prior to recordation of the initial subdivision plat (Proffered Condition 12).
The money will be used for road improvements in accordance with the Board's Cash
Proffer Policy. The money could be used towards improvements to Woolridge Road.
Proffered Condition 12 would also allow, upon mutual agreement of the Transportation
Department and the applicant, the applicant to provide road improvements equal to the
cost of such payment. (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, except
for the safety project on Woolridge Road.
17 05SNO193-FEB22-BOS
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.
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units
59*
1. o0
Population Increase
160.48
2.72
Number of New Students
Elementary
13.75
0.23
Middle
7.67
0.13
High
9.97
0.17
TOTAL
31.39
0.53
Net Cost for Schools
315,532
51,348
Net Cost for Parks
35,636
6014
Net Cost for Libraries
20,591
349
Net Cost for Fire Stations
23,895
405
Average Net Cost for Roads
TOTAL NET COST
5275578
923,232
8,942
15,648
*Based on a proffered maximum number of fifty-nine (59) dwelling units in excess of the three
(3) existing dwelling units (Proffered Condition 4). The actual number of dwelling units and
corresponding impact may vary.
The need for schools, parks, libraries, fire stations, and transportation facilities in this area is
identified in the County's adopted Public Facilities Plan, Thoroughfare Plan, and Adopted
Capital Improvement Program and further detailed by specific departments in the applicable
sections of this request analysis.
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 in the amount of $6,685 per dwelling unit to offset the
impact of this proposed zoning on schools, parks, libraries and fire stations. The applicant has
further proffered at the county's option a lump sum transportation contribution of $525,985 or a
combination of road improvements and a reduced transportation contribution to offset the
proposed development's impact on roads.
18 05SNO193-FEB22-BOS
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.
TANTS T TRF
Comprehensive Plan:
Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is
appropriate for single family residential use of 2.0 units per acre or less. The Plan is
currently being revised. The draft Plan, as recommended by the Planning Department, is
consistent with the aforementioned recommendation of the current Plan for this property.
AreaDevelopmentTrends:
Properties to -the north and southeast are zoned Residential (R-40) and Residential (R-9)
and are developed as the Kingspoint and Red Fern Station Subdivisions. Properties to
the northeast, west and south are zoned Agricultural (A) and are developed for single
family residences on large parcels or are currently vacant. It is anticipated that residential
development will continue in this general area consistent with the recommended densities
of the Plan.
Site Design:
As per the requirements of the Ordinance when seeking relief to provisions for second
access, a preliminary subdivision plan has been submitted. There is no requirement that
the property be developed in accordance with the plan. The plan depicts sixty-one (61)
lots, sixty (60) of which are accessed via a single access. One (1) lot would be oriented
toward Crown Point Road with access to Crown Point Road. The plan does not propose
any public road connection to Crown Point Road. Therefore, relief is also sought to the
Residential Subdivision Connectivity Policy.
Density:
The applicant has proffered a maximum of sixty-two (62) dwelling units, to include three
(3) existing dwellings, yielding a maximum density of approximately one (1) dwelling
unit per acre. (Proffered Condition 4)
Recreational Facilities:
A Conditional Use has been requested to permit a picnic shelter/gazebo and an
observation dock as recreational facilities primarily serving the development (Proffered
Conditions 17 and 18). Further, Proffered Conditions 19 and 20 address the recreational
uses.
19 05SNO193-FEB22-BOS
Street Connectivity:
Proffered Condition 8 limits access from the subject property north to the adjacent
Kingspoint Subdivision to one (1) lot, thereby precluding any public road connection to
Crown Point Road. In addition to promoting fire and emergency services safety,
subdivision road connections provide interconnectivity between residential developments
thereby reducing congestion along collector and arterial roads and providing a convenient
and safe access to neighboring properties.
The "Residential Subdivision Connectivity 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. 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 us 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 exceed 1,500 vehicle
trips per day. With access proposed from Woolridge Road, the proposed development
would not have sole access through the adjacent Kingspoint development. Further, with
the addition of sixty-one (61) lots, traffic volumes would not exceed 1,500 vehicle trips
per day on Crown Point Drive. Therefore, the standards by which an exception to
connectivity should be granted have not been met. As such, staff does not support the
exception to connectivity and recommends that Proffered Condition S not be accepted.
As previously noted, a street connection to Crown Point Drive would eliminate the need
for relief to street access requirements for more than fifty (50) lots.
Comparison of Area Lot Sizes and Densities:
Crown Point Road, which serves Kingspoint Subdivision, is proffered to serve one (1) lot
within the property. In an effort to address compatibility with the Kingspoint
Subdivision, proffered conditions address the minimum lot area for this lot, which equals
the average of the lot sizes within this adjacent development. (Proffered Condition 8)
Dwelling Size and Foundation Treatment:
Proffered Conditions 5 and 6 address minimum dwelling size and foundation treatments.
Tree Preservation:
In response to concerns from area property owners, Proffered Condition 9 requires that
within the southern portion of the entrance to Kingspoint Subdivision from Woolridge
Road, trees Of a certain caliper would be preserved or the area would be landscaped
consistent with the requirements for fifty (50) buffers. It has been staff s experience that
individual homeowners tend to clear preservation areas included within the boundaries of
20 1 05SNO193-FEB22-BOS
individual lots. To preserve the integrity of this strip, Proffered Condition 9 should
require that these areas be provided in open space.
Notification-
In
otifcation
In response to area residents' concerns, Proffered Condition 10 requires the developer to
notify the property owners adjacent to the subject property of the submission of tentative
subdivision plans.
Construction Traffic:
Proffered Condition 16 prohibits construction traffic for initial development from using
Crown Point Road through the Kingspoint Subdivision. This proffered condition is
difficult, if not impossible, to enforce. Also, staff is unsure of the definition of "initial"
development. It should be pointed out that it is staff's interpretation that at a minimum
initial development will include any building activity on the lot having sole access to
Kingsport Subdivision.
Prohibition on Manufactured Homes:
Proffered Condition 7 prohibits the location of manufactured homes on the subject
property. The 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 7 may, or may not, have the effect of prohibiting manufactured
homes.
Restrictive Covenants:
The applicant has agreed to record restrictive covenants (Proffered Condition 21). It
should be noted that the County will not be responsible- for enforcing the restrictive
covenants, only that they be recorded. Once, recorded, the restrictive covenants may be
changed.
CONCLUSIONS
The proposed zoning and land uses conform to the Upper Swift Greek Plan which suggests the
property is appropriate for single family residential use of 2.0 units per acre or less. The
proffered conditions fully address the impacts of this development on necessary capital facilities,
as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the need for roads is
identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement
Pro ram, and the impact of this development is discussed herein. The proffered conditions
adequately mitigate the impact on capital facilities, thereby insuring adequate service levels are
maintained and protecting the health, safety and welfare of County citizens. Given these
considerations, staff recommends approval of the rezoning to Residential (R-25) (Request 1).
21 05SNO193-FEB22-BOS
A second access for more than fifty (50) lots promotes accessibility to and from the development
in an emergency situation should one access be blocked. The application fails to identify any
extenuating circumstances in accordance with the provision of the Subdivision Ordinance that
prevents the provision of a second means of access. In addition, the application fails to address
connectivity to the' adjacent Kingspoint Subdivision per the Board's adopted "Residential
Subdivision Connectivity Policy". Evaluation of the "Policy" criteria indicates that the standards
by which an exception to street connectivity should be granted have not been met. Further,
promoting connectivity would eliminate the need for relief to street access requirements. Given
these considerations,' denial of the relief to street access requirements (Request II) and denial of
the waiver to street connectivity (Request III) is recommended. For these reasons, it is
recommended that Proffered Condition 8 not be accepted.
CASE HISTORY
Planning Commission Meeting (10118105):
On their own motion, the Commission deferred this case to December 15, 2005.
Staff (10119105):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than October 24, 2005, for consideration at the
Commission's December 15, 2005, public hearing.
Applicant (11115105):
The application was amended to include a request for a Conditional Use to permit
recreational facilities.
Applicant (11/16/05 and 11122105):
New and amended proffered conditions were submitted.
Planning Commission Meeting (12115105):
At the request of the applicant, the Commission deferred this case to their January 17,
2005, public hearing.
22 05SNO193-FEB22-BGS
Staff (12/16/05):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than December 19, 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 (12/20/05):
Revised proffered conditions were submitted.
Applicant (1/17/06):
The deferral fee was paid. Revised Proffered Condition 3 was submitted.
Planning Commission Meeting (1/17/06):
The applicant did not accept staff's recommendation, but did accept the Planning
Commission's recommendation. There was opposition present. Concerns were
expressed regarding traffic impacts; insufficient open space; and connectivity.
Mr. Bass stated the proposal represents a good project and provides cash proffers for road
improvements on Woolridge.
On motion of Mr. Bass, seconded by Mr. Litton, the Commission recommended approval
of the rezoning and Conditional Use and acceptance of the proffered conditions on pages
3 through 12.
AYES: Messrs. Wilson, Bass, Gulley and Litton
ABSENT: Mr. Gecker
On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended
approval of the relief from street access requirements.
AYES: Messrs. Wilson, Bass, Gulley and Litton
ABSENT: Mr. Gecker
On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended
approval of a waiver to street connectivity requirements.
AYES: Messrs. Wilson, Bass, Gulley and Litton
ABSENT: Mr. Gecker
23 05SNO193-FEB22-BOS
The Board of Supervisors, on Wednesday, February 22, 2006, beginning at 7:40 p.m., will tale
under consideration this request.
24 05SNO193-FEB22-BOS
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