05SN0199-Feb22STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
05 SNO 199
Jacqueline and Robert C. Hargrave
February 22, 2006 BS
Clover Hill Magisterial District
Jordon Elementary, Midlothian Middle and Monacan High Schools Attendance Zones
West line of Courthouse Road
REQUESTS:
I. Rezoning from Agricultural (A) to Residential (R-15).
II. Relief from street access requirements to allow fifty-one (5 1) lots on one (1)
access.
III. Waiver to street connectivity requirements.
PROPOSED LAND USE:
REQUEST I:
A residential subdivision having a maximum of fifty-one (5 1) lots is planned,
yielding a density of approximately 1.4 dwelling units per acre. Relief is
requested to permit fifty-one (5 1) lots off of one. (1) access from Courthouse
Road whereas the Ordinance permits a maximum of fifty (50) lots off of one (1)
access. Further, relief is requested to the Board's Residential, Subdivision
Connectivity Policy to eliminate a potential road connection to Berrand Road.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL OF REZONING AND ACCEPTANCE OF
THE PROFFERED CONDITIONS ON PAGES 3 THROUGH 7.
AYES: MESSRS. WILSON., BASS, G[.JLLEY AND LITTON
ABSENT: MR. DECKER.
Providing a FIRST CHOICE community through excellence in public service
RE UEST II:
REQUEST III:
RECOMMEND APPROVAL OF RELIEF TO STREET ACCESS
REQUIREMENTS.
AYES: MESSRS. WILSON, BASS, GULLEY AND LITTON
ABSENT: MR. GECKER
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 for the following reasons:
A. The proposed zoning and land uses conform 'to the Powhite-Route 288
Development_ Area Plan which suggests the property is appropriate for low
density residential use of 1.5 units per acre or less.
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 fifty-one
(5 1) 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.
Request III: Recommend denial of the waiver to street connectivity requirement and that
Proffered Condition 15 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.
2 05SNO199-FEB22-BOS
(NOTE: CONDITIONS MAY- BE IMPOSED DR THE PROPERTY OWNERS) 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. The applicant, subdivider, or assignee(s) shall pay the following,
for infrastructure improvements within the service district for the
property:
A. Prior to the issuance of a building permit for each dwelling
unit the applicant, subdivider, or assignee(s) shall pay to
the County of Chesterfield the following amounts for
infrastructure improvement within the service district for
the property:
i. $15,600.00 per dwelling unit, if paid prior to July 1,
2006. At time of payment the $15,600.00 will be
allocated pro -rata among the facility costs as
follows: $8,915.00'for roads, $602.00 for parks and
recreation, $348.00 for library facilities, $5,331.00
for schools, and $404.00 for fire stations; or
ii. The amount approved by the Board of Supervisors
not, to exceed $15,600.00 per dwelling unit pro-
rated as set forth in Proffered Condition 2.A. i.
above adj usted upward by any increase in the
Marshall and Swift building cost index between
July 1, 2005 and July 1 of the fiscal year in which
the payment is made if paid after June 30, 2006.
B. At the option of the Transportation Department the roads
portion of the cash proffer payment may be reduced for
road improvements to Courthouse Road by an amount not
to exceed the amount that would be paid in cash proffers
for the road component as identified in Proffered
Conditions 2.A. above, exclusive of those road
improvements identified in Proffered Condition 13,
performed by the applicant, subdivider, or assignees), 'as
determined by the Transportation Department. For the
purposes of this proffer, the costs, as approved by the
3 05SNO199-FEB22-BOS
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 amount.
C. Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law.
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/CPC) 3. A maximum of fifty (50) additional dwelling units for a cumulative
total of fifty one (5 1) dwelling units shall be permitted on the
property. (P)
(STAFF/CPC) 4. Manufactured homes shall not be permitted. (P)
(STAFF/CPC) 5. The minimum gross floor area for each dwelling unit shall be
2,500 square feet, except that two dwelling units shall be permitted
to have a minimum of 2,300 square feet. Except for one (1)
dwelling unit, all dwelling units immediately adjacent to Tax ID
742-702-3633 and 742-702-1760 shall have a minimum of 3,000
square feet. (P)
(STAFF/CPC) 6. Except where buffers are required by Subdivision Ordinance
Section 17-70, a fifteen (15) foot tree preservation strip, exclusive
of required yards, shall be maintained along the boundary of the
subject property adjacent to Tac ID's 742-702-3633, 742-702-
17601 743-702-91629 744-702-0933 and 5914, Berrand Road and
Ashley Woods East and Finchley Subdivisions. Utility easements
shall be permitted to cross this strip in a perpendicular fashion.
Any healthy trees that are eight (8) inches in caliper or greater shall
be retained within this tree preservation strip except where removal
is necessary to accommodate the improvements permitted by the
preceding sentence. This condition shall not preclude the removal
of vegetation from the tree preservation strip that is unhealthy,
dying or diseased. Any open areas of 100 square feet or greater
shall either be supplemented with plantings in accordance with
Sections 19-518 (b) & (g)(9) of the Ordinance or shall be
4 05SNO199-FEB22-BOS
furnished with a minimum six (6) foot high privacy fence. A plan
depicting this planting/fencing requirement shall be reviewed and
approved by the Planning Department at time of Tentative
Subdivision plan review. (P)
(STAFF/CPC) 7. 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) 8. 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) 9. Double siltation fencing shall be provided along the western
property edge to provide additional protection for the existing pond
on Tax ID 742-702-3633 & 742-701-3196. Location of such
fencing shall be determined and approved at time of subdivision
construction plan review. (EE)
(STAFF/CPC) 10. Direct access from the property to Courthouse Road shall be
limited to one (1) public road. The exact location of this access
shall be approved by the Transportation Department. (T)
(STAFF/CPC) 11. A private ingress and egress easement shall be provided from the
proposed Subdivision Street to Tax ID 744-702-5914. The exact
location of this easement shall be determined and approved at time
of tentative subdivision approval. (T)
(STAFF/CPC) 12. In conjunction with recordation of the initial subdivision plat,
forty -live (45) feet of right-of-way along the west side of
Courthouse Road measured from the centerline of that part of the
roadway immediately adjacent to the property, shall be dedicated,
free and unrestricted, to and for the benefit of Chesterfield County.
(T)
(STAFF/CPC) 13. To provide an adequate roadway system, the developer shall be
responsible for the following improvements:
A. Construction of additional pavement along Courthouse
Road at the approved access to provide a right turn lane, if
warranted, based on Transportation Department standards.
B. Dedication to and for the, benefit of Chesterfield County,
free and unrestricted, of any additional right-of-way (or
5 05SNO199-FEB22-BOS -
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 any improvement
described in Proffered Condition 13.A. or 2.B., 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. (T)
(STAFF/CPC) 14. Prior to any construction plan approval, a phasing plan for the
required road improvements, as identified in Proffered Condition
13, shall be submitted to and approved by the Transportation
Department. (T)
(CPC) 15. Any public right of way that extends to the southern boundary of
existing Berrand Road shall be constructed to accommodate access
in case of emergency and shall be gated to preclude its use other
than during emergency situations. The exact design, location and
maintenance provisions of this access shall be reviewed and
approved by the Fire Department at the time of tentative
subdivision plan review. (F)
(STAFF/CPC) 16. All private driveways shall be hardscaped. The exact treatment
shall be approved at the time of plan review. (P)
(STAFF/CPC) 17. Concentrated drainage and / or drainage from the impervious
surfaces of roofs and driveways on lots abutting Tax ID's 742-702-
3633, 742-702-1760 shall outfall into a swale or drainage system
provided for the purpose of directing this drainage away from the
pond located on Tax ID 742-702-3196. (EE)
(STAFF/CPC) 18. There shall be no direct vehicular access from the property to Old
Lewiston Road. (T)
(STAFF/CPC) 19. It shall be noted on the record plat for any subdivision section
recorded on the subject property that there shall be no explicit
rights or access to the pond located on Tax ID 742-701-3196 given
to the lots recorded therein. (P)
(STAFF/CPC) 20. Post development drainage shall be designed such that drainage
that is directed to the swale located in the rear yards of lots •located
6 05SNO199-FEB22-BOS
in Ashley Woods East and Finchley Subdivisions shall be required
to have the post -development runoff rate be equal to or less than
the .pre -development runoff rate and shall be achieved through
means other than aSWM/BMP. (EE)
GENERAL INFORMATION
West line of Courthouse Road, north of Smoketree Drive, south line of Berrand Road,
west of Courthouse Road. Tax IDs 742-702-7055; 743 -741 -Part of 7043; 743-702-1454
and 1916; and 744-701-1388 (Sheet 6).
Existing Zoning.
ki
Size:
3 6.9 acres
Existing Land Use:
Single family residential or vacant
Ad'acent Zoning and Land Use:
North - A and R-15 ; Single family residential or vacant
South - R-15 and R-15 with Conditional Use; Public/semi-public (church and
community recreation)
East - A; Single family residential or vacant
West - R-15; Vacant
Public Water Svstem:
There is an existing twelve (12) inch water line extending along the east side of Courthouse
Road adjacent to the eastern most boundary of this site. Use of the public water system is
intended. (Proffered Condition 1)
Per Chesterfield County's. Water and Sewer 'Specifications and Procedures, subdivisions
with more than twenty-five (25) lots shall be provided with two (2) supply points to the
public water system.
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Public Wastewater S stem:
There is an existing eight (8) inch wastewater collector line that extends along a tributary of
Falling Creek and is adjacent to the southwestern most corner of the request site. In
addition, an'eight (8) inch wastewater collector line extends adjacent to Smoketree Drive
approximately 300 feet south of this site. Use of the public wastewater system is intended.
(Proffered Condition 1)
ENVIRONMENTAL
Drainap,e and Erosion:
The property is divided into two distinct drainage areas. The eastern portion drains south
via tributaries under Smoketree Drive to Falling Creek. The western portion drains west
and northwest to a pond located west of the property and then via tributaries under
Smoketree Drive to Falling Creek. There are no current on- or off-site drainage or
erosion problems with none anticipated after development. Several sections of the
property are wooded and as such, should not be timbered without first obtaining a land -
disturbance permit from the Environmental Engineering Department. This will insure
that adequate erosion control measures are in place prior, to any land disturbance.
(Proffered Condition 8)
Proffered Condition 9 was offered in response to concerns from the adjacent Ashley
Woods Community Association relative to protection of the community pond from
sedimentation build-up. This proffer exceeds the minimum requirements of the Erosion
and Sediment Control standards, which typically require only one row of siltation
fencing.
Proffered Conditions 17 and 20 were offered to address drainage concerns of residents
within the adjoining Finchley, Ashley Woods and Ashley Woods East developments.
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the Coital Improvement Pro ram. The residential
portion of 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 new stations, the Plan also recommends the expansion of live (5)
existing stations. Based on fifty-one (51) dwelling units, this request will generate
approximately seven (7) calls for fire and emergency medical service each year. The
applicant has addressed the impact on fire and EMS. (Proffered Condition 2)
8 05SNO199--FEB22-BOS
The Courthouse Road Fire Station, Company Number 20, currently provides fire
protection and emergency medical service. when the property is developed', the number
of hydrants, quantity of water needed for fire protection, and access requirements will be
evaluated during the plans review process.
To satisfy the requirements 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 vehicle a second access to the homes should the other entrance become
blocked. With the limitation of only one (1) access to Courthouse Road and the proffered
prohibition on public access to Berrand Road, the applicant has requested relief to this
access requirement to allow fifty-one (5 1) lots off of one 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
Co 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 these circumstances exist. The Fire Department opposes granting
relief to the access requirements. It should be noted that the International Fire Code
indicates that a second access should be provided when the number of lots served by a
single road exceeds thirty (30).
As previously noted, the applicant has proffered not to make a public road connection to
Berrand Road (Proffered Condition 15). This proffered condition would provide for a
gated emergency access from Berrand Road. 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 as well as properties along Berrand Road. The Fire Department
continues to support connectivity between subdivisions so that multiple access points are
available to assist in an emergency response. Therefore, the Fire Department does not
support acceptance of Proffered Condition 15.
9 05SNO199-FEB22-BOS
Schools:
Approximately twenty-seven (27) students will be generated by this development.
This site lies in the Gordon Elementary School attendance zone: capacity - 753,
enrollment -- 605; Midlothian Middle School zone: capacity - 1,301, enrollment - 1,467;
and Monacan High School zone: capacity - 1,692, enrollment - 1,642. The enrollment is
based on September 30, 2005 and the capacity is as of 2005-2006. This case will have
an impact on the elementary and secondary schools involved. There are currently six (6)
trailers at Midlothian 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. The applicant has offered
measures to assist in mitigating the impact on schools. (Proffered Condition 2)
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 could affect the existing Midlothian. Library or
the existing La Prade Library or a proposed new library in the Reams Gordon Area. The
Plan identifies 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 2)
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) new regional parks, seven (7)
community parks, twenty-nine (29) neighborhood parks and five (5) community centers
by 2020. In addition, the Public Facilities Plan identifies the need for ten (10) new or
expanded special purpose parks to provide water access or preserve and interpret unique
recreational, cultural or environmental resources. The Plan identifies shortfalls in trails
and recreational historic sites.
The applicant has offered measures to assist in addressing the impact of this proposed
development on these Parks and Recreation Facilities. (Proffered Condition 2)
Transportation:
The property is currently zoned Agricultural (A) and the applicants are requesting
rezoning from to Residential (R-12). The applicants have proffered to limit development
to a maximum of fifty-one (5 1) lots (Proffered Condition 3). Based on single-family trip
rates, development could generate approximately 560 average daily trips (ADT). These
10 05SNO199-FEB22-BOS
vehicles will be initially distributed along Courthouse Road, which had a 2003 traffic
count of 41,612 vehicles per day between Reams Road and Smoketree Drive.
Courthouse Road in this location is a six -lane divided roadway that accommodates (Level
of Service D) the volume of traffic it currently carries.
The Tho rou hfare Plan' identifies Courthouse Road as a major arterial with a
recommended right-of-way width of ninety (90) feet. The applicants have proffered to
dedicate forty-five (45) feet of right-of-way, measured from the centerline of Courthouse
Road adjacent to the property, to Chesterfield County (Proffered Condition 12).
Development must adhere to the Zoning Ordinance, relative to access and internal
circulation (Article 7). Access to major arterials, such as Courthouse Road, should be
controlled. The applicants have proffered to limit direct access from the property to
Courthouse Road to one (1) public road (Proffered Condition 10). There are several
parcels that are located immediately north of the subject property that have been
developed for single-family residential use. These residents access Courthouse Road by
way of Berrand Road. Because of the poor condition of Berrand Road (i.e. narrow
pavement width, poor vertical alignment), additional traffic should not be permitted to
use Berrand Road unless the roadway is improved. The applicants have proffered that
there will be no direct access from the property to Berrand Road, except for use during
emergency situations. (Proffered Condition 15)
The traffic impact of this development must be addressed. The applicants have proffered
to construct additional pavement along Courthouse Road at the public road intersection to
provide a right turn lane. (Proffered Condition 13A)
The developer may need to acquire "off-site" right of way to provide the road
improvements along Courthouse Road. According to Proffered Condition 138, if the
developer is unable to acquire the right of way for these improvements, the developer
may request the county to acquire the right of way as a public road improvement. 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.
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. The applicants have proffered to contribute cash, in an
amount consistent with the Board of Supervisors' Policy, towards mitigating the traffic
impact of this development (Proffered Condition 2). Proffered Condition 2 would also
allow, upon mutual agreement of the Transportation Department and the applicants, the
applicant to provide road improvements equal to the cost of such payment. This option
will be considered at time of tentative subdivision plat review and could be used to
provide improvements to Courthouse Road. Cash proffers alone will not cover the cost
of the road improvements needed in this area. There are no projects in this area currently
included in the Six -Year Improvement Program.
11 05SNO199-FEB22-BOS
At time of tentative subdivision review, specific recommendations will also be provided
regarding stub roads and the proposed internal street network.
Financial Im act on Ca ital Facilities:
PER UNIT
Potential Number of New Dwelling Units 50*
1.00
Population Increase
136.00
2.72
Number of New Students
Elementary
11.65
0.23
Middle
6.50
0.13
High
8.45
0.17
TOTAL
26.60
0.53
Net Cost for Schools
2673400
51348
Net Cost for Parks
30,200
604
Net Cost for Libraries
171450
349
Net Cost for Fire Stations
20,250
405
Average Net Cost for Roads
4471100
8,942
TOTAL NET COST
782,400
15,648
*Based on ap roffered maximum number of dwelling units in excess of the one (1) existing
dwelling unit (Proffered Condition 3).
The actual number of dwelling units and corresponding
impact may vary.
As noted, this proposed development will have an impact ton 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 applicant, the
applicant has offered cash to assist in defraying the cost of this proposed zoning on such capital
facilities (Proffered Condition 2). In addition to addressing the impact on schools, parks,
libraries and fire stations, the applicant has provided, at the County's option, cash to offset the
impact of this development on road facilities or road improvements to be made in lieu of the road
cash proffer payment or in conjunction with a reduced road cash proffer payment. The proffered
conditions adequately address the transportation impact.
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
his case.
12 05SNO199-FEB22-BOS
T .ANT) T TSF.
Comprehensive Plan:
Lies within the boundaries of the Powhite-Route 288 Development Area Plan which
suggests the property is appropriate for low density residential use of 1.5 units per acre or
less .
The property lies within the boundaries of the proposed Northern Courthouse Road Plan,
a proposed amendment to the Comprehensive Plan. The amendment, as recommended
by staff, suggests the property is appropriate for office residential mixed use.
Area Development Trends:
Properties to the northeast and west are zoned Agricultural (A) and are occupied by single
family residences on acreage parcels or are currently vacant. Properties to the northwest
and west are zoned Residential (R-15) as part of the Ashley Woods, Ashley Woods East
and Finchley Subdivisions. Properties to the south are occupied by a community
recreation center and a church.
Site Desi n:
Asperer the requirements of the ordinance when seeking relief to provision's for second
p
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 fifty-one (5 I) lots
accessing Courthouse Road. The plan does not propose any public road connection to
Berrand Road.. but rather a gated emergency access from Berrand Road. Therefore, relief
is also sought to the Residential Subdivision Connectivity Policy.
Densit
The applicant has proffered a maximum of fifty-one (5 1) lots, yielding a maximum density
of approximately 1.4 dwelling units per acre. (Proffered Condition 3)
Street Connectivit
Proffered Condition 15 limits access into the subject property from the north to a gated
emergency access, thereby precluding any public road connection to Berrand Road. In
addition to promoting fire and emergency services safety, subdivision road connections
provide interconnectivity between developments thereby reducing congestion along
collector and arterial roads and providing a convenient and safe access to neighboring
properties.
The "Residential Subdivision Connectivity Policy77 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
13 05SNO199-FEB22-BOS
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; and (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 Courthouse Road, the proposed
development would not have sole access from Berrand Road. Further, with the addition
of fifty-one (5 1) lots, traffic volumes would not exceed 1,500 vehicle trips per day on
Berrand Road. 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 15 not be accepted.
Connection to old Lewiston Road and Access to Pond:
In response to concerns expressed by residents within the adjacent Ashley Woods
Subdivision, Proffered Condition 18 precludes vehicular access from the subject property
to Old Lewiston Road to the west, which is currently recorded and developed as a cul-de-
sac street. This concern results from interest expressed by the property owner of lots
located at the terminus of this cul-de-sac to resubdivide these lots. It should be noted that
any additional development accessing through the subject property would necessitate
relief to the provisions for a second access beyond any relief granted through this
application.
Proffered Condition 19 requires a notation on each subdivision record plat precluding
rights/access to the pond located within the Ashley Woods East development.
Tree Preservation:
In response to concerns from area property owners, Proffered Condition 6 requires that
ad j acent to Finchley, Ashley Woods and Ashley Woods East Subdivisions, Berrand Road
and several acreage parcels to the east and north, trees of a certain caliper would be
preserved and open areas of a minimum square footage supplemented. It has been staff s
experience that individual homeowners tend to clear preservation areas included within
the boundaries of individual lots. To preserve the integrity of this strip, Proffered
Condition 6 should require that these areas be provided in open space. It should be noted
that the Subdivision ordinance would require the provision of a twenty (20) foot buffer
along Berrand Road where the possibility of double -frontage lots exists.
Dwelling Size, Foundation Treatment and Driveway:
Proffered Conditions S and 7 address minimum dwelling size and foundation treatments.
Proffered Condition 16 addresses treatment of driveways. Proffered Condition 11
provides an access easement for an adjacent parcel currently accessing from Courthouse
Road to access through the proposed development.
14 05SNO199-FEB22-BOS
Prohibition on Manufactured Homes:
Proffered Condition 4 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 4 may, or may not, have the effect of prohibiting manufactured
homes.
CONCLUSIONS
The proposed zoning and land uses conform to the Powhite-Route 288 Develo ment Area Plan
which suggests the property is appropriate for low density residential .use of 1.5 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 Ca ital
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-15) (Request
I}
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 that prevent the provision of second means of access. In addition, the
application fails to address connectivity to Berrand Road 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.' Further, it is recommended that
Proffered Condition 15 not be accepted.
CASE HISTORY
Applicants (12/1/05 and 12/12/05):
New and revised proffered conditions were submitted.
Planning Commission Meeting (12/15/05):
On their own motion, the Commission deferred this case to their January 17, 2006, public
hearing.
15 05SN0199-FEB22-BOS
Staff (12/16/05):
The applicants were 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.
Applicants (12/20/05):
New and revised proffered conditions were submitted.
Planning Commission Meeting (1/17/06):
The applicants did not accept staff's recommendation but did accept the Planning
Commission's recommendation. There was opposition and support present. Concerns
were expressed regarding increased traffic; sight distance limitations along Courthouse
Road and the. condition of Berrand Road. Support was stated regarding responsiveness to
citizen concerns • quality p ualit development; and minimized impacts on the area during
�
construction.
On motion of Mr. Gulley, seconded by Mr. Litton, the Commission recommended
approval of the rezoning and acceptance of the proffered conditions on pages 3 though. 7.
AYES: Messrs. Wilson, Bass, Gulley and Litton
ABSENT: Mr. Gecker
On motion of Mr. Gulley, seconded by Mr. Litton , 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. Gulley, seconded by Mr. Litton, the Commission recommended
approval of a waiver to street connectivity requirements.
AYES: Messrs. Wilson, Bass, Gulley and Litton
ABSENT: Mr. Gecker
The Board of Supervisors, on Wednesday, February 22, 2006, beginning at 7:00 p.m., will take
under consideration this request.
16 05SNO199-FEB22-BOS
N\.7 '17 7
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