06SN0157-MAR8
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April 26, 2006 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
06SN0157
M & K Developers, LLC
Matoaca Magisterial District
Spring Run Elementary, Bailey Bridge Middle and Manchester High School Districts
West line of North Spring Run Road
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 twenty-two (22) lots with a
minimum lot size of 6,600 square feet is planned, yielding a density of
approximately 2.2 dwelling units per acre.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF
THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 10.
AYES: MESSRS. WILSON, GECKER, BASS AND LITTON.
ABSENT: MR. GULLEY.
STAFF RECOMMENDATION
Recommend approval 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 2.2 units
per acre or less.
Providing a FIRST CHOICE community through excellence in public service
B. The proffered conditions adequately address the impacts of this development on
necessary capital facilities, as outlined in the Zoning Ordinance and
Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries
and fire stations is identified in the Public Facilities Plan, the Thoroughfare Plan
and the Capital Improvement Program, and the impact of this development is
discussed herein. The proffered conditions mitigate the impact on capital
facilities, thereby insuring adequate service levels are maintained and protecting
the health, safety and welfare of County citizens.
(NOTE: CONDITIONS MAY BE IMPOSED OR 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.)
CONDITION
(STAFF/CPC)
The Textual Statement dated January 12, 2006 shall be considered the
Master Plan. (P)
PROFFERED CONDITIONS
(ST AFF /CPC)
I .
Public water and wastewater 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, to the county of Chesterfield prior to the issuance of a
building permit:
A. $15,600.00 per dwelling unit, if paid prior to July 1, 2006;
or
B. The amount approved by the Board of Supervisors not to
exceed $15,600.00 per dwelling unit adjusted upward by
any increase in the Marshall and Swift Building Cost Index
between July 1, 2005, and July 1 of the fiscal year in which
the payment is made if paid after June 30, 2006.
C. Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law. (B&M)
(STAFF/epe)
3.
The maximum density of this development shall not exceed twenty
two (22) lots. (P)
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8.
4.
Except for timbering approved by the Virginia State Department of
Forestry for the purpose of removing dead or diseased trees, there
shall be no timbering on the Property until a land disturbance
permit has been obtained from the Environmental Engineering
Department and the approved devices installed. (EE)
5.
Direct vehicular access from the property to Spring Run Road
shall be limited to one (1) public road. (T)
6.
Within sixty (60) days of approval of this request, forty-five (45)
feet of right-of-way along the west side of Spring Run 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)
7.
In conjunction with the development of the initial section, the
developer shall:
A. Construct additional pavement along Spring Run Road at
the public road intersection to provide a right and left turn
lanes, based on Transportation Department standards.
B. Widen/improve the west side of Spring Run Road to an
eleven (I 1) 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,
and
C. Dedicate free and unrestricted to and for the benefit of
Chesterfield County, any additional right-of-way (or
easements) required for these improvements. In the event
the developer is unable to acquire any "off-site" right-of-
way that is necessary for any of these improvements, 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)
Manufactured homes shall not be permitted. (P)
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06SN0157-APR26-BOS
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(STAFF/CPC)
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(ST AFF /CPC)
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(STAFF/CPC)
17.
9.
Sidewalks. Sidewalks shall be provided that facilitate pedestrian
access within the development. Generally, sidewalks shall be
located on both sides of public roads. (P)
10.
Driveways. All private driveways shall be hardscaped. The exact
treatment shall be approved at the time of plan review.(P)
11.
Street Trees. Street trees shall be provided along both sides of all
public roads within the development. (P)
12.
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. (P)
13.
Garages. Front loaded garages shall be located no closer to the
street than the front fa<;ade of the dwelling unit. (P)
14.
Buffers. All required buffers shall be located within recorded open
space. (P)
15.
The minimum gross floor area for one story dwelling units shall be
1700 square feet and dwelling units with more than one story shall
have a minimum gross floor area of 1800 square feet. (BI & P)
16.
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)
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. (P)
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, antenna, or similar device, or
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06SN0157-APR26-BOS
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:
E. No fence shall be permitted in the front yard of any Lot
(between the building setback line and street line).
F. No fence or hedge shall generally be permitted higher than
48 inches of any Lot.
G. No chain link fences or fences of other materials similar in
nature or appearance will be permitted on any Lot.
H. Declarant may in its absolute discretion waive or modify
these guidelines and consider such other criteria as it shall
deem appropriate.
I. 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.
J · 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
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06SN0157-APR26-BOS
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.
K. No driveway, entranceway, or sidewalk shall be
constructed on any Lot unless approved as provided in
paragraph B.
L. No swimming pool shall be located nearer to any street line
than the rear building line of the dwelling.
M. 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.
N. No trees over six (6) inches in diameter shall be removed
from any Lot without the prior written approval of
Declarant.
o. No portable air conditions units will be place in any
window of a dwelling or other building if visible from a
public street.
P. Family daycare homes (providing care to more than five (5)
children) and group care facilities shall not be permitted.
(P)
Q. Except as otherwise provided by applicable law, no exterior
television antenna (including "dish" type) or other antennas
shall be permitted to extend over five (5) feet above the
roofline of any building.
R. 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 B.
s. Anyone or more of the covenants or restrictions imposed
by paragraphs A through R above may be waived or
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06SN0157-APR26-BOS
modified, in whole or in part, as to the entire Subdivision or
and part thereof, by written instrument signed by Declarant
and recorded where these restrictions are recorded.
T. 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.
u. Invalidation of anyone of the provIsIons of these
restrictions by judgement, court order, or otherwise shall in
no way affect any of the other provisions which shall
remain in full force and effect.
V. 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.
w. Declarant shall have the full right and privilege to enforce
all restrictions and conditions contained herein by
appropriate proceeding at law for damages and/or in equity
for appropriate injunctive relief and restraining orders to
prevent violations, or to require violations to be corrected,
together with damages sustained including, without
limitation, attorneys' fees and costs. In addition, any Owner
shall have, after seventy-five percent (75%) or more of the
Lots have been conveyed to purchasers other than builders,
the right to enforce compliance with these restrictions as
provided in this paragraph.
X. 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.
7 06SN0157-APR26-BOS
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Y. 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 "Blank Homeowner's Association" or a similar
name (the "Association").
Z4 All Owners shall be members ("Members") of the
Association and shall be entitled to one (I) 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.
AA. 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.
BB. Each year the Board of Directors shall prepare an annual
budget (the "Budget") containing an itemization of the
expenses, which it anticipates, the Association will incur
during the upcoming year to fulfill its responsibilities
hereunder. The Budget shall be sent to each owner together
with a notice of assessment (the "Annual Assessment") for
the owner's pro rata share of the budget, which shall be
computed by dividing the total Budget by the number of
Lots. Upon receipt of the Annual Assessment, each Owner
shall be required to make payment of the same in the
manner designated by the Board of Directors.
CC. 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 (2/3) of the lots4
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06SN0157-APR26-BOS
(STAFF/epC)
(CPC )
DD. Any Annual Assessment of Special Assessment (the
"Assessments") which is not paid by an Owner within such
time as shall be determined by the Board of Directors shall
bear interest at a rate per annum determined by the Board
of Directors from such date until paid and shall constitute a
lien upon the Lot owned by such Member. Such lien shall
have priority over all other liens including, without
limitation, mortgages, deeds of trust, or any other lien
hereafter placed upon any Lot, except a first mortgage of
deed of trust securing a loan by a bona fide institutional
lender to which such lien shall be subordinate. No Owner
may waive or escape liability for the assessments hereunder
for any reason. No sale or other transfer shall relieve any
owner from liability for any Assessments due nor any Lot
from the lien of any Assessments. The amount of any such
lien may be enforced by suit or otherwise at the election of
the Association and the Owner shall be required to
reimburse the Association for all attorneys' fees and
expenses incurred in so doing, the amount of which shall
also constitute a lien on the Lot as herein provided.
Notwithstanding the above, a party who acquires title to a
Lot by virtue of the foreclosure of lien secured by a first
mortgage of deed of trust to which this lien is subordinate
or by a deed or assignment in lieu of foreclosure any
liability of lien chargeable to such Lot on account of any
period of time prior to such acquisition of title. Said
acquiring party shall, however, be bound by the provisions
of this Declaration including, without limitation,
Assessments effective after said acquisition of title.
EE. 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. (P)
18.
Open Space. There shall be a minimum of three (3) acres of
recorded open space. (P)
19.
A fifteen (15) foot tree preservation strip, exclusive of required
yards, shall be maintained along the boundary of the subject
property adjacent to Tax ID's 726-666-3362 and 9163, and 727-
667-0200. 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. Any open areas of 1 00 square feet or greater shall either
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06SN0157-APR26-BOS
be supplemented with plantings in accordance with perimeter
landscape "G" requirements of the Ordinance or shall be 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)
(ST AFF/CPC)
20.
An entrance feature shall be designed and installed in such a
manner as to discourage recreational vehicular access from the
development to the existing utility easement that runs parallel to
Spring Run Road. The proposed feature shall be reviewed and
approved at the time of tentative subdivision plan review and shall
be installed prior to subdivision plat recordation. (P)
GENERAL INFORMATION
Location:
West line of North Spring Run Road, north of Triple Crown Drive. Tax IDs 726-667-
5732 and 8727 (Sheet 15).
Existing Zoning:
A
Size:
10.0 acres
Existinl! Land Use:
Vacant
Adiacent ZoninQ: and Land Use:
North, South and West - A; Single family residential
East - R-12; Single family residential or vacant
UTILITIES
Public Water System:
There is an existing twenty-four (24) inch water line extending along North Spring Run
Road, adjacent to this site. The public water system is available to serve this site. The
applicant has proffered to use the public water system to serve this development. (Proffered
Condition I)
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06SN0157-APR26-BOS
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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 Spring Run
approximately 1,1 00 feet northwest of this site. An off-site extension will be necessary to
serve the proposed development. The applicant has proffered to use the public wastewater
system to serve this site. (Proffered Condition 1)
ENVIRONMENT AL
DrainaS!e and Erosion:
The subject property drains to the northwest to a tributary of Swift Creek. There are no
known on- or off site-drainage or erosion problems and none are anticipated at this time.
The property is heavily wooded and as such should not be timbered without obtaining a
land disturbance permit from the Department of Environmental Engineering. This will
insure that proper erosion control devises are in place. (Proffered Condition 4)
Water Ouality:
A small creek is located in the rear half of the property. Prior to submitting a tentative
subdivision layout, a perennial determination will need to be approved by the Department
of Environmental Engineering.
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program. This development
will have an impact on these facilities.
Fire Service:
The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls
are expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6)
new fire/rescue stations are recommended for construction by 2022 in the Plan. In
addition to the six new stations, the Plan also recommends the expansion of five (5)
existing stations. Based on twenty-two (22) dwelling units, this request will generate
approximately three (3) calls for fire and emergency medical service each year. The
applicant has addressed the impact of this development on fire and EMS facilities.
(Proffered Condition 2)
The Clover Hill Fire Station, Company Number 7, and Manchester Volunteer Rescue
Squad currently provide fire protection and emergency medical service. When the
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06SN0157-APR26-BOS
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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 twelve (12) students will be generated by this development. Currently,
this site lies in the Spring Run Elementary School attendance zone: capacity - 943,
enrollment - 1,297; Bailey Bridge Middle School zone: capacity - 1,562, enrollment _
1,559; and Manchester High School zone: capacity - 1,941, enrollment - 2,467. The
enrollment is based on September 30, 2005 and the capacity is as of2005-2006.
This request will have an impact on schools. There are currently five (5) trailers at
Spring Run Elementary and seventeen (17) trailers at Manchester High.
A new elementary school is in the Capital Improvements Plan (CIP) for the fall of 2007
that will provide relief for Spring Run and other schools in the area. A new middle
school is in the current CIP 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 is scheduled to open in the fall of 2006. This school will provide relief
for Clover Hill High and Manchester High Schools.
This case, combined with other tentative residential developments and zoning cases in the
zones, would continue to push these schools to capacity. This case could necessitate
some form of relief in the future. The applicant has addressed the impact of this
development on school facilities. (Proffered Condition 2)
Libraries:
Consistent with the Board of Supervisors' policy, the impact of development on library
services is assessed countywide. Based on projected population growth, the Public
Facilities Plan identifies a need for additional library space throughout the County.
Development of property noted in this case could affect either the existing Clover Hill
Library or a proposed new facility in the vicinity of Beach and Winterpock Roads. The
Plan identifies a need for additional library space in this area. 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.
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06SN0157-APR26-BOS
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 (10 acres) is currently zoned Agricultural (A), and is located on the west
side of Spring Run Road just north of the Spring Run Road/Triple Crown Drive
intersection. The applicant is requesting rezoning from A to Residential (R-12) and has
proffered a maximum density of twenty-two (22) lots (Proffered Condition 3). Based on
single-family trip rates, development could generate approximately 260 average daily
trips. These vehicles will initially be distributed along Spring Run Road, which had a
2005 traffic count of 7,083 vehicles per day. Based on the current volume of traffic it
carries during peak hours, Spring Run Road is at capacity. (Level of Service E)
The Thoroughfare Plan identifies Spring Run Road as a major arterial with a
recommended right of way width of ninety (90) feet. The applicant has proffered to
dedicate forty-five (45) feet of right of way on the west side of Spring Run Road,
measured from the centerline, in accordance with that Plan. (Proffered Condition 6)
Access to major arterials, such as Spring Run Road, should be controlled. The applicant
has proffered that direct vehicular access from the property to Spring Run Road will be
limited to one (I) public road. (Proffered Condition 5)
The traffic impact of this development must be addressed. The applicant has proffered
to: 1) construct additional pavement along Spring Run Road at the public road
intersection to provide right and left turn lanes, based on Transportation Department
standards; 2) reconstruct Spring Run Road for the entire property frontage to provide an
eleven (11) foot wide travel lane, a one (1) foot paved shoulder and a seven (7) foot
unpaved shoulder; 3) overlay the full width of the road for the entire property frontage;
and 4) dedicate any additional right of way required for these improvements (Proffered
Condition 7). Based on Transportation Department standards, it is anticipated that only a
right turn lane will be warranted along Spring Run Road; however, a final determination
will be made at tentative subdivision plan review.
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. Traffic generated by this development will travel along
Spring Run Road. Sections of Spring Run Road have little or no shoulders, fixed objects
adjacent to the edge of pavement, and poor vertical and horizontal alignments. The
applicant has proffered to contribute cash, in an amount consistent with the Board of
Supervisors' Policy, towards mitigating the traffic impact of this development.
(Proffered Condition 2)
Cash proffers alone will not cover the cost of the road improvements needed in this area.
Currently included in the Six-Year Improvement Program is a project that involves
reconstructing two substandard curves on Spring Run Road between McEnnally Road
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06SN0157-APR26-BOS
and Bailey Bridge Road. Preliminary plans have been developed and VDOT anticipates
the project will be under construction in Fall 2007.
At time of tentative subdivision review, specific recommendations will be provided
regarding turn lanes, stub road rights-of-way to adjacent properties and the proposed
internal street network.
Financial ImDact on Ca12ital Facilities:
PER UNIT
Potential Number of New Dwelling Units 22* 1.00
Population Increase 59.84 2.72
Number of New Students
Elementary 5.13 0.23
Middle 2.86 0.13
High 3.72 0.17
TOTAL 11.70 0.53
Net Cost for Schools 117,656 5,348
Net Cost for Parks 13,288 604
Net Cost for Libraries 7,687 349
Net Cost for Fire Stations 8,9 I 0 405
Average Net Cost for Roads 196,724 8,942
TOTAL NET COST 344,256 15,648
* Based on a proffered maximum of 22 lots (Proffered Condition 3). Actual number of lots and
corresponding impact may vary.
As noted, this proposed development will have an impact on capital facilities. Staff has
calculated the fiscal impact of every new dwelling unit on schools, roads, parks, libraries and fire
stations at $15,648 per unit. The applicant has been advised that a maximum proffer of $15,600
per unit would defray the cost of the capital facilities necessitated by necessitated by this
proposed development. Consistent with the Board of Supervisors' policy, and proffers accepted
from other applicants, the applicant has offered cash to assist in defraying the cost of this
proposed zoning on such capital facilities. (Proffered Condition 2)
Note that circumstances relevant to this case, as presented by the applicant, have been reviewed
and it has been determined that it is appropriate to accept the maximum cash proffer in this case.
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06SN0157 -APR26-BOS
LAND USE
ComDrehensive Plan:
Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is
appropriate for single family residential use of 2.2 dwelling units per acre or less.
Area Development Trends:
Surrounding properties within the immediate vicinity of the subject are zoned
Agricultural (A) and are bordered by the developments of Birkdale and Deer Run. It is
anticipated that redevelopment of these properties would be consistent with the
residential densities recommended by the Plan.
Densitv: Lot Size: Dwelling Size: and Architectural Treatment:
Proffered Condition 3 limits the number of lots to twenty-two (22), yielding a density of
approximately 2.2 dwelling units per acre. Lot sizes range from 6,600 to 14,800 square
feet, with associated reductions in lot width and building setbacks is proposed (Condition
I: Textual Statement).
Proffered Condition 18 commits to a minimum acreage provision for open space. It
should be noted that the Ordinance requires that where lot sizes are reduced below 12,000
square feet, an equivalent amount of open space must be provided. This proffered
amount would exceed the minimum open space provisions of the Ordinance, should each
proposed lot be reduced to the minimum proposed area of 6,600 square feet. This open
space is inclusive of proffered focal point.
Other standards include minimum house sizes and architectural treatment. (Proffered
Conditions 15 and 16)
Cluster Standards:
The proffered conditions offered for this cluster project are consistent with those typically
required by the Commission and Board of Supervisors on similar projects recently
approved. Proffered standards include hardscaped driveways, street trees, sidewalks,
focal point and standards for front loaded garages. (Proffered Conditions 9 through 13)
Entrance Design:
At the request of area property owners regarding the use of the power easement by all
terrain vehicles, Proffered Condition 20 was submitted requiring an entrance design to
deter such use.
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06SN0157-APR26-BOS
Buffers and Tree Preservation:
The Ordinance requires buffers along North Spring Run Road. Proffers require that the
buffer be provided in open space. (Proffered Condition 14)
Proffered Condition 19 requires the provision of a tree preservation strip along the
southern and western property boundaries of the subject property. 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 19 should require that these areas be provided in open space.
Prohibition on Manufactured Homes:
Proffered Condition 8 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 8 may, or may not, have the effect of prohibiting manufactured
homes.
Restrictive Covenants:
The applicant has agreed to record restrictive covenants (Proffered Condition 17). It
should be noted that the County would 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 Creek Plan which suggests the
property is appropriate for single family residential use of 2.2 units per acre or less.
Further, 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.
Given these considerations, approval of this request is recommended.
16 06SN0157-APR26-BOS
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CASE HISTORY
Planning Commission Meeting (1/17/06):
At the request of the applicant, the Commission deferred this case to March 21, 2006.
Staff (1/18/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than January 25, 2006, for consideration at the
Commission's March 2 I, 2006, public hearing.
Also, the applicant was advised that a $250.00 deferral fee must be paid prior to the
Commission's public hearing.
Applicant (3/2/06):
Amended proffered conditions were submitted.
Staff (3/2/06):
To date, the deferral has not been paid.
Applicant (3/3/06 and 3/15/06):
Additional proffered conditions were submitted.
Applicant (3/10/06):
The deferral fee was paid.
Planning Commission Meeting (3/21/06):
The applicant accepted the recommendation. There was opposition present concerning
the impact of the access on adjacent property owners and the design of the lot layout.
17
06SN 0157 - APR26- BOS
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On motion of Mr. Bass, seconded by Mr. Gecker, the Commission recommended
approval subject to the Condition and acceptance of the proffered conditions on pages 2
through 10.
AYES: Messrs. Wilson, Gecker, Bass and Litton.
ABSENT: Mr. Gulley.
The Board of Supervisors, on Wednesday, April 26, 2006, beginning at 7:00 p.m., will take
under consideration this request.
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06SN0157-APR26-BOS
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Textual Statement
M & K Developers LLC
Case No.: 06SN0157
Oetaher 10, 2905
January 12, 2006
We hereby request the following "bulk exceptions" to the required conditions specified in the
"R-12" Residential District found in Division 8, Section 19-89 of the Ordinance.
(a) Required lot area and width. Each primary structure, together with accessory structures,
hereafter erected shall be located on a lot having an area of not less than 6,600 square feet
and not more than 14,800 square feet and a width of not less than fifty five (55) feet.
(b) Front yard. Minimum of twenty five (25) feet in depth. Minimum setbacks shall be
increased where necessary to obtain the required lot width at the front building line.
(c) Side yards. A minimum of five (5) feet each in width.
(d) Comer side yard. Minimum of twenty (20) feet, except that a comer lot back-to-back
with another comer lot shall have a comer yard not less than fifteen (15) feet.
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