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05SN0329-MAR8 March 8, 20q6 B~ I) ADDENDUM 05SN0329 LBV Investments Midlothian Magisterial District Watkins Elementary, Midlothian Middle and Midlothian High School Attendance Zones' East line of Route 288, north of Midlothian Turnpike REOUEST: Rezoning from Agricultural (A) to Residential (R-12) with Conditional Use Planned Development to permit exceptions to Ordinance requirements. PROPOSED LAND USE: A residential subdivision having a maximum of forty-six (46) lots with a minimum lot area of 8,000 square feet is planned, yielding a density of ,approximately 0.9 dwelling unit per acre. Three (3) attacrunents were inadvertently left out of the "Request Analysis". The first attachment reflects the open space referenced in Proffered Condition 18. Two (2) additional attachments reference the extension of North Otterdale Road as discussed in the "Transportation" section of the "Request Analysis". Staff continues to recommend approval of the request subject to the applicant addressing provision of a focal point area for reasons discussed in the "Request Analysis". Providihg a FIRST CHOICE community through excellence in public service 05SN(1329-MARB-ADDENDUM-BOS ( '-~~ II. I. '" , ... ""." "'" / .lIlb,1fllll I I ii In IllJ~ I,fl 'IIII -'A.IH1ClO~ .IOIUI:I~ 'It .lJ8IollC3 Illllil I ~ i i I :1 SNDIJ.'9'M MfHDn'9'^ / . //' ..!.. / ...~.,..., / ........ . -~"w ~_ ...'.......~ \. " , '\, '" ~ " \ " ,", . 8 J ~ .! o ~ "tjf A'- - - ~ ~ n t....U~ ~~ I i ~ SJ ~ I-- .1 - -,-, , z .i z OSSNO 3ZCl-3 .. ...." .. . .. . March 8, 2006 BS ADDENDUM II 05SN0329 LBV Investments Midlothian Magisterial District Watkins Elementary, Midlothian Middle and Midlothian High School Attendance Zones East line of Route 288, north of Midlothian Turnpike REQUEST: Rezoning from Agricultural (A) to Residential (R-12) with Conditional Use Planned Development to permit exceptions to Ordinance requirements. PROPOSED LAND USE: A residential subdivision having a maximum of forty-six (46) lots with a minimum lot area of 8,000 square feet is planned, yielding a density of approximately 0.9 dwelling unit per acre. The "Financial Impact" section of the "Request Analysis" was not updated to reflect the applicant's amendments to Proffered Conditions 15 and 16 ("Road Improvements" and "Transportation Contribution") that were considered by the Planning Commission. Specifically, the second paragraph should reflect that "the lump sum payment of$215,090 prior to the recordation of the initial subdivision section, in combination with the proffered road improvements, adequately addresses the impact of this request on roads." Further, the first paragraph within the "Transportation" section of the "Request Analysis" should also be corrected to reflect that "the applicant has adequately addressed the traffic impact of this request. " Staff continues to recommend approval ofthe request subject to the applicant addressing provision of a focal point area for reasons discussed in the "Request Analysis". Providing a FIRST CHOICE community through excellence in public service OSSN0329-MAR8-ADDENDUMII-BOS March 8, 2006 BS ADDENDUM 05SN0329 LBV Investments Midlothian Magisterial District Watkins Elementary, Midlothian Middle and Midlothian High School .Attendance Zones. East line of Route 288, north of Midlothian Turnpike REQUEST: Rezoning from Agricultural (A) to Residential (R-12) with Conditional Use Planned Development to permit exceptions to Ordinance requirements. PROPOSED LAND USE: A residential subdivision having a maximum of forty-six (46) lots with a minimum lot area of 8,000 square feet is planned, yielding a density of approximately 0.9 dwelling unit per acre. Three (3) attachments were inadvertently left out of the "Request Analysis". The first attachment reflects the open space referenced in Proffered Condition 18. Two (2) additional attachments reference the extension of North Otterdale Road as discussed in the "Transportation" section of the "Request Analysis". Staff continues to recommend approval of the request subject to the applicant addressing provision of a focal point area for reasons discussed in the "Request Analysis". Providing a FIRST CHOICE community through excellence in public service 05SN0329-MAR8-ADDENDUM-BOS /' ~III,_ ,I 'I I II I ~ ii fI'l ,m M!llf!! Mi! _ 'A.INf'lCO~ UlIlU8Ia M;Hl.O'1OIO'I '\I .ilBIHX3 I mill ~ ~ Ii 4 i :~ SNI>U.'v'M N'v'Hon'v'^ "" ~, ,..;":"".';'." ;1/ ".' ~ ' Ii. / / ~. , '\ ~c06 ~ ~ . ./\ \~ ' ~~ /~- "\~/' '.!> , , '\.... /~ -.t: ~I, '\, 1\ '\'" \,~\. ~' \.... ~.. 05SN03l9-[ . ~ \ij '~ Sl5~,~m",~,:;I !fj "1:' ~ ..--' ~ri[ ~~" qj (j lii[~'~ , \ ,. 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December 15, 2005 CPC February 21,2006 CPC March 8, 2006 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 05SN0329 LBV Investments Midlothian Magisterial District Watkins Elementary, Midlothian Middle and Midlothian High School Attendance Zones East line of Route 288, north of Midlothian Turnpike REQUEST: Rezoning from Agricultural (A) to Residential (R-12) with Conditional Use Planned Development to permit exceptions to Ordinance requirements. PROPOSED LAND USE: A residential subdivision having a maximum of forty-six (46) lots with a minimum lot area of 8,000 square feet is planned, yielding a density of approximately 0.9 dwelling unit per acre. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 6. AYES: MESSRS. WILSON, GECKER, GULLEY AND LITTON. ABSENT: MR. BASS. STAFF RECOMMENDATION Recommend approval subject to the applicant addressing provision of a focal point area. This recommendation is made for the following reasons: A. 'The proposed zoning and land, uses conform to the Route 288 Corridor Plan which suggests the property is appropriate for residential use of one (1) dwelling or less per acre. . , Providing a FIRST CHOICE community through excellence in public service B. Proffers relative to the focal point fail to provide the typical guarantees required for projects having lots less than 12,000 square feet. C. The proffered conditions adequately address the impacts of this development on nec~ssary 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 Improvements Program and the impact of this development is discussed herein. The proffered conditions mitigate the impact on capital facilities, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. (NOTE: CONDITIONS MAYBE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFFICPC" 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) (STAFFICPC) (STAFFICPC) (STAFFICPC) (STAFFICPC) (STAFFICPC) (STAFF/CPC) 1. Master Plan. The Textual Statement dated June 16, 2005, and revised October 25,2005, shall be considered the Master Plan. (P) 2. Buffers. All required buffers shall be located within recorded open space. (P) 3. Density. The maximum density of this development shall not exceed forty six (46) lots. (P) 4. Foundations. All exposed portions of the foundation and exposed piers supporting front porches of each dwelling unit shall be faced with brick or stone veneer or exterior insulation and finishing systems (EIFS) materials. (P) 5. Driveways. All private driveways shall be hardscaped. The exact , treatment shall be approved at the time of plan review.(P) 6. Street Trees. Street trees shall be provided along both sides of all public roads within the development.(P) 7. Sidewalks. Sidewalks shall be provided that facilitate pedestrian access within the development. Generally, sidewalks shall be located on both sides of public roads. (P) 2 05SN0329-MAR8-BOS (CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 8. ,Focal Point. A minimum of 0.75 acres of open space shall be provided within the development to provide a "focal point". Part of the focal point area shall be "hardscaped" and have benches and other amenities that accommodate and facilitate gatherings. A portion of the focal point may include_an area devoted to best management/storm water facilities. The focal point shall be developed concurrent with the phase of development that the focal point is intended to serve. 9. Garages. Front loaded garages shall be located no closer to the street than the front facade of the dwelling unit. (P) 10. Age Restriction. Except as otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Act, and such other applicable federal, state or local legal re,quirements, 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."(P) 11. Senior Housing. Any dwelling units designated for senior housing 'as outlined in Proffered Condition 1 0 shall be noted on the subdivision plat. Such dwelling units shall be grouped together as part of the same development section(s). (P) 12. Impacts on Capital Facilities. 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. The applicant, subdivider, or assignee(s) shall pay to the County of Chesterfield prior to the time of issuance of a building permit for each dwelling unit, the following amounts for infrastructure improvements within the service district for the property: 1. 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: $602.00 for parks and recreation, $348.00 for library facilities, $5,331.00 for schools, and $404.00 for fire stations; or 11. 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 12.A.i. above and adjusted upward by any increase in the Marshall and Swift 3 OSSN0329-MAR8-BOS (STAFF/CPC) (STAFF/CPC) 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. Prior to the issuance of a building permit for each dwelling unit that is designated "age-restricted", the applicant, subdivider, or assignee(s) shail pay to the County' of Chesterfield the following amounts for infrastructure improvement within the service district for the property: 1. If payment is made prior to July 1, 2006, $1,354.00 per dwelling unit. At time of payment $1,354.00 will be allocated pro-rata among the facility costs as follows: $602.00 for parks and recreation, $348.00 for library facilities, arid $404.00 for fire stations; or 11. If payment is made after June 30, 2006, the amount approved by the Board of Supervisors riot to exceed $1,354.00 per dwelling unit pro-rated as set forth in Proffered Condition l2.B.i. 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 if paid after June 30, 2006. 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) 13. Timbering. 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) 14. Access. Direct vehicular access from the property to the north/south collector ("North Otterdale Road Extended") shall be limited to one (1) public road. The exact location of this access shall be approved by the Transportation Department. (T) 4 OSSN0329-MAR8-BOS (STAFF/CPC) (STAFF/CPC) 15. Road Improvements. To provide an adequate roadway system, the developer shall provide the following: road improvements 'with the initial development of the property: a. Construction of additional pavement along North Otterdale Road Extended at the approved access to provide right and left turn lanes, if warranted, based on Transportation Department standards; b. Construction of two (2) lanes of North Otterdale Road Extended, to VDOT Urban Collector Standards (40 mph) with modifications approved by the Transportation Department, from its current terminus, located north of the property, to just east of the western property line of the parcel identified as Tax ID 7197123765. The exact length and location of this improvement shall be approved by the Transportation Department; c. Dedication to Chesterfield County, free and unrestricted, 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 any improvement described in Proffered Condition 15, 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 iri 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) 16. Transportation Contribution. The appUcant, his successor(s), or assignee(s) (the "Applicant") shall pay, prior to recordation of the initial subdivision section, the amount of $215,090 if paid prior to July 1,' 2006, or $215,090 adjusted upward by any increase in the M'arshall 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. The payment shall be used for road improvements in accordance with the Board's cash proffer policy. (T) 5 OSSN0329-MAR8-BOS (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) Location: 17. Architectural Treatment. The architectural treatment of all dwelling units shall ata minimum have brick or stone veneer on the front and side facades of the main structure. (P) 18. Open Space. All required buffers and the required 200' sound setback, adjacent to the Route 288 right of way, shall be within recorded open space. In addition to these areas, open space shall be recorded in the general location (lS shown on the attached Exhibit A. (P) 19. Prior to tentative subdivision approval, the developer shall submit certification to the Planning Department that all adjacent property ,owners, the last known representative of Rosemont Homeowners Association and the last known representative of the Mid10thian Volunteer Coalition 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 referral to the Planning Commission shall not commence until such certification has been provided. (P) GENERAL INFORMA nON East line of Route 288, north of Midlothian Turnpike. Tax IDs 716-713-Part of 5414 and 717-708-Part of2972 (Sheets 1 and 5). Existing Zoning: A Size: 50.7 acres Existing Land Use: Vacant 6 OSSN0329-MAR8-BOS Adiacent Zoning and Land Use: North South East West - R-25 with Conditional Use Planned Development; Vacant - R-9 with Conditional Use Planned Development; Vacant - R-25 and A; Single family residential or vacant - A; Vacant UTILITIES Public Water System: There is an existing sixteen (16) inch water line extending along a portion of North Otterdale Road, adjacent to this site. As per the Route 288 Corridor Plan, use of public water is required by County Code. 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 twenty-one (21) inch wastewater trunk line extending along Michaux Creek,' adjacent to the northern boundary of this site. As per the Route 288 Corridor Plan, use of the public wastewater system is required by County Code. ENVIRONMENTAL Drainage and Erosion: The subject property drains to the northeast to Michaux Creek and then via Michaux Creek to the James River. There are no known on- or off-site drainage or erosion problems and none are anticipated after development. The subject property is also wooded. To insure that adequate erosion control measures are in place, the property should not be timbered without obtaining a land disturbance permit from the Department of Environmental Engineering and the appropriate devices are installed. (Proffered Condition 13) Water Ouality: Michaux Creek is a perennial stream and therefore subject to a lOa-foot conservation area inside of which there are very limited uses. There also appear to be several other streams on this property that exhibit characteristics of being perennial and therefore subject to the lOa-foot conservation area. These other streams need to have a perenniality determination approved by the Water Quality Section prior to submitting any construction plans. 7 05SN0329,-MAR8-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 Improvement Program. 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 (6) new stations, the Plan also recommends the expansion ,of five (5) existing stations. Based on forty-six ( 46) dwelling units, this request will generate approximately nine (9) calls for fire and emergency medical service each year. The applicant has addressed the impact on fire and EMS. (Proffered Condition 12) The Midlothian Fire Station, Company Number 5, and Forest View Volunteer Rescue Squad currently provide fire protection and emergency medical service. When the property is developed, the number of hydrants, quantity of water needed for fire protection, and access requirements will be evaluated during the plans review process. Schools: Approximately twenty-thiee (23) students could be generated by this development. Currently, this site lies in the Watkins Elementary School attendance zone: capacity- 752, enrollment - 759; Midlothian Middle School: capacity - 1,301, enrollment - 1,467; and Midlothian High School: capacity - 1,589, enrollment - 1,582. The enrollment is based on September 30,2005 and the capacity is as of2005-2006. This request could have an impact on all schools involved. There are currently seven,(7) trailers at Watkins Elementary and six (6) trailers at Midlothian Middle. A portion of Watkins Elementary w'!-s redistricted to Evergreen and Swift Creek Elementaries. This case, along with others in the zone, will have a significant impact on both elementary and secondary schools in this area. Continued development in this area of the county will continue to push schools over capacity and will necessitate some form of relief. The applicant has addressed the impact of this development on schools. (Proffered Condition 12) 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. 8 05SN0329-MAR8-BOS Development of this property would most likely affect the e~isting Midlothian Library. The Public Facilities Plan identifies a need for additional library space to serve this area of the, County and recommends a new library in the Robious Road corridqr between Huguenot Road and James River Road.' The applicant has addressed the impact of this development on library facilities. (Proffered Condition 12) 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 12) Transportation: The property (50.7 acres) is currently zoned Agricultural {A), ~nd the applicant is requesting rezoning to Residential (R-12). The applicant has proffered a maximum density of forty-six (46) lots (Proffered Condition 3). Based on single-family trip rates, development could generate 510 average daily trips. The Transportation Department cannot support this request because the applicant has not adequately addressed the traffic impact. The Thoroughfare Plan identifies a proposed north/south collector ("North Otterdale Road Extended") with a recommended right of way width of seventy (70) feet, extending from Midlothian Turnpike (Route 60) north towards the county line. Parts of North Otterdale Road Extended have been constructed with area development. The road has been constructed north of the property in conjunction with development of Rosemont SubdivisioI), and south of the property in conjunction with various developments from Route 60 through the Park at Salisbury. A tentative subdivision (Brookcreek Crossing Subdivision) has been approved which will provide North Otterdale Road Extended from the Park at Salisbury to the southern part of the property. When the entire roadway is completed, traffic generated by developments just east of Route 288 will travel along North Otterdale Road Extended to Route 60. Route 60 had a 2004 traffic count of 25,076 vehicles per day. The capacity of the four-lane section of Route 60 between the county line and Winterfield Road is acceptable (Level of Service B) for that volume of traffic. No public road improvements in this part of the county are currently included in the Six- Year Improvement Plan. Access to collectors, such as North Otterdale Road Extended, should be controlled. The applicant has proffered that direct access from the property to North Otterdale Road Extended will be limited to one (1) public road. (Proffered Condition 14) 9 05SN0329-MAR8-BOS The property abuts Route 288. Traffic noise from Route 288 will impact development on the property. The Subdivision Ordinance requires a 200-~00t setback, exclusive of required yards, from the Route 288 right-of-way, unless a noise study demonstrates that a lesser distance is acceptable. Natural vegetation must be retained within the setback area, unless the Planning Commission approves its removal. The traffic impact of this development must be addressed. The applicant will need to construct a short section of North Otterdale Road Extended from the proposed terminus in Brookcreek Crossing Subdivision, located south of the property, to the approved access for this proposed development. The applicant has proffered to construct that short section of North 'Otterdale Road Extended, and construct additional pavement along North Otterdale Road Extended to provide left and right turn lanes at the public road intersection, based on Transportation Department standards (Proffered Condition 15). Based on Transportation Department standards, it is anticipated that a left turn lane along North Ottetdale Road Extended will be required to serve this development. According to Proffered Condition 15,' all of these improvements will be provided with initial development on the property. In 2002, a 1.16 acres was subdivided from the subject property. The developer of Founders Bridge Subdivision negotiated with the owner of the property to provide an easement for the installation of a waterline to serve Founders Bridge Subdivision and improve water service to Rosemont and Salisbury Subdivisions. Instead of granting the waterline easement, the owner elected to dedicate the 1.16 acres to the county. The land that was dedicated was generally the right of way needed for North Otterdale Road Extended. East of the property is a pa~cel owned by the county that was used for the Michaux Creek wastewater pumping station, which is now abandoned. The alignment of the proposed North, Otterdale Road Extended crosses a part of the county parcel. Proffered Condition 15 requires construction of the entire length of North Otterdale Road Extended (i.e., from its current terminus located north in Rosemont Subdivision to its proposed terminus in the proposed Brookcreek Crossing Subdivision), including the section that crosses the county parcel. The applicant has proffered to contribute cash towards mitigating the traffic impact of the development (Proffered Condition 16). As development continues in this part of the County, traffic volumes on area roads will substantially increase. Cash proffers alone will not cover the cost of the improvements needed to accommodate the traffic increases.' No public road improvements in this part of the county are currently included in the Six-Year Improvement Plan. For constructing North Otterdale Road Extended across the county parcel, a $195,000 reduction in the Transportation cash proffer is proposed. (Proffered Condition 16) At time of tentative subdivision review, specific recommendations will be provided regarding access and internal street network. 10 05SN0329-MAR8-BOS Financial Impact on Capital Facilities: PER UNIT Potential Number of New Dwelling Units 46* 1.00 Population Increase 125.12 2.72 Number of New Students Elementary 10.72 0.23 Middle 5.98 0.13 High 7.77 0.17 TOTAL 24.47 0.53 Net Cost for Schools 246,008 5,348 , Net Cost for Parks 27,784 604 Net Cost for Libraries 16,054 349 Net Cost for Fire Stations 18,630 405 Average Net Cost for Roads 411,332 8,942 TOTAL NET COST 719,808 15,648 *Based on a proffered maximum yield of forty-six (46) lots (Proffered Condition 3). The actual number of lots and corresponding impact may v<,try. 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. The applicant has been further advised that a maximum of $1 0,269 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 schools facilities. (Proffered Condition 10) Consistent with the Board of Supervisors' policy, ari.d proffers accepted from other applicants, the applicant has offered cash to assist in defraying the cost of this proposed zoning on such capital facilities. In' addition to addressing the impact on schools, parks, libraries and fire stations, the applicant has provided, at the County's option, a lump sum payment of $410,090 prior to recordation of the initial subdivision section or road improvements to be made in lieu of this payment. The proffered conditions fail to address the impact on roads as noted in the transportation section of this report. (Proffered Condition 12) Note that circumstances relevant to this case, as presented by the applicant, have beep reviewed and it has been determined that it is appropriate to accept the maximum cash proffer in this case. Staff recommends that the applicant fully address their impact on all categories of capital facilities. ' 11 OSSN0329-MAR8-BOS The ,Planning Commission and Board of Supervisors, through their consideration of this request, may determine that there are unique circumstances relative to this request that justify acceptance of proffers as offered for this case. LAND USE Comprehensive Plan: Lies within the boundaries of the Route 288 Corridor Plan which suggests the property is appropriate for residential use of one (1) dwelling or less per a~re. Area Development Trends: The majority of area properties to the north, east and south are zoned Residential (R-25 and R-9) and are occupied by, or proposed for, single family development. The subject property represents the last sizable agricultural (A) zoned tract east of Route 288 and north of Midlothian Turnpike. Density; Lot Size; Dwelling Size and Architectural Treatment: Proffered Condition 3 limits the number of lots to forty-six (46), yielding' a density of approximately 0.9 dwelling units per acre. Lot sizes range from 8,000 to 20,000 square feet, with one lot permitted at five (5) acres resulting from environmental constraints (Proffered Condition 1: Textual Statement). The Ordinance will require that where lot sizes are reduced below 12,000 square feet, an equivalent amount of open space must be provided. Other standards include minimum house sizes and architectural treatment. (Textual Statement and Proffered Conditions 4 and 17) Buffers and Open Space: The Ordinance requires buffers along North Otterdale Road. Proffers require that the buffer be provided in open space. (Proffered Condition 2) While the requirements offered for cluster projects are consistent with those typically required by the Commission and Board of Supervisors on similar projects recently approved, the standards for the focal point fail to provide the typical guarantees for such amenity (Proffered Condition 8). Specifically, Proffered Condition 8 relative to focal point fails to guarantee that the location of the focal point within the development will provide visible open space for the community. Proffered standards include hardscaped driveways, ,street trees, sidewalks, focal point and standards for front loaded garages. (Proffered Conditions 5 through 9) Proffered Condition 18 was submitted in an attempt to address concerns expressed by the adjoining Rosemont Subdivision community. Proffered Condition 18 also requires that 12 05SN 0329- MAR8- BOS the buffer along Otterdale Road and the setback from Route 288 be recorded within open space and not within individual lots. Further, a portion of the northwest section of the property as noted on the attached exhibit would also be recorded in open space. It is anticipated that the applicant intends to use this open space as the focal point referenced in Proffered Condition 8. Staff does not support the location of the focal point because it does not provide "visible" open space when entering the proje~t. CONCLUSIONS The proposed zoning and land uses conform to the Route 288 Corridor Plan which suggests the property is appropriate for residential use of one (1) dwelling or less per acre. The application fails to address provision ofa focal point area as one enters the project consistent with cluster standards. The proffered conditions' fully address the impacts of this deveiopment 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 Program, 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, approval of this request is recommended subject to the applicant addressing the provision of the focal point area. CASE HISTORY Applicant (12/12/05): Proffered Condition 7 was amended. Planning Commission Meeting (12/15/05): At the request of the applicant, the Commission deferred this case to February 21,2006. Staff (12/16/05): The applicant was advised in writing that any significant, new or revised information should be submitted no later than December 20, 2005, for consideration at the Commission's February 21, 2006, public hearing. Also, the applicant was advised that a $250.00 deferral fee .must be paid prior to ,the Commission's public hearing. 13 05SN0329-MAR8-BOS Applicant (1/11/06): The deferral fee ~as paid. Staff (1/26/06): To date, no' new information has been submitted. Applicant (2/3/06 and 2/20/06): Revised and additional proffered conditions were submitted. Planning Commission Meeting (2/21/06): The applicant did not accept staffs recommendation, but did accept the Planning Commissiori's recommendation. There was no opposition present. On motion of Mr. Gecker, seconded by Mr. Gulley, the Commission recommended approval and acceptance of the proffered conditions on pages 2 through 6. AYES: Messrs. Wilson, Gecker, Gulley and Litton. ABSENT: Mr. Bass. 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