06SN0161-MAR8
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Januar)T 17, 2006 CPC
February 21,2006 epe
~1arch 21 ~ 2006 CPC
April 26~ 2006 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
06SN0161
Barthurst Homes, Inc.
Bermuda Magisterial District
Wells Elementary, Carver Middle and Bird High Schools Attendance Zones
Southeast Quadrant of Old Happy Hill and Branders Bridge Roads
REQUEST: Rezoning from Agricultural (A) to Residential (R-12).
PROPOSED LAND USE:
A single-family residential subdivision with a minimum lot size of 12,000 square
feet is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 13.
AYES: MESSRS. WILSON, GECKER, BASS AND LITTON.
ABSENT: MR. GULLEY.
STAFF RECOMMENDATION
Recon1mend approval for the following reasons:
A. The proposed zoning and land uses conform to the Southern and Western Area
Plan which suggests the property is appropriate for residential use of 2.51 to 4.0
dwelling units per acre.
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 need for roads~ schools, parks, libraries
Providing a FIRST CHOICE community through excellence in public service
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: THE ONLY CONDITION THAT MAYBE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. THE CONDITIONS
NOTED WITH "ST AFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE
COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLEL Y
BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC)
(STAFF/cpe)
(STAFF/CPC)
(STAFF/CPC)
1.
The applicant, subdivider, or assignee(s) shall pay the following to
the County of Chesterfield prior to the issuance of a building
permit for infrastructure improvements within the service district
for the property:
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.
2.
C) Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law. (B&M)
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 have been installed. (EE)
3.
In conjunction with the recordation of the initial subdivision plat,
forty-five (45) feet of right of way on the south side of Old Happy
Hill Road and forty-five (45) feet of right of way on the east side
of Branders Bridge Road, measured from the centerlines of those
roads, shall be dedicated, free and unrestricted, to and for the
benefit of Chesterfield County. (T)
4.
There shall be no direct access from the property to Branders
Bridge Road. Direct access from the property to Old Happy Hill
Road shall be limited to one (1) public road. The exact location of
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06SN 0161- APR26- BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
this public road shall be approved by the Transportation
Department. (T)
5.
In conjunction with the initial section, the developer shall be
responsible for the following improvements:
i) Construction of additional pavement along Old Happy Hill
Road at the public road intersection to provide left and right
turn lanes based on Transportation Department standards.
ii) Widening/improving the south side of Old Happy Hill
Road and the east side of Branders Bridge Road to an
eleven (11) foot wide travel lane, measured from the
existing centerline of the road, with an additional one (1)
foot wide paved shoulder plus a seven (7) foot wide
unpaved shoulder, and overlaying the full width of the road
with one and a half (1.5) inch of compacted bituminous
asphalt concrete, with any modifications approved by the
Transportation Department, for the entire property
frontage; and,
iii) Dedication, free and unrestricted, to and for the benefit of
Chesterfield County, of any additional right-of-way (or
easements) required for these improvements. (T)
6.
All dwelling units shall have a minimum gross floor area of 2500
square feet. (P)
7.
Prior to tentative subdivision approval, the developer shall submit
certification to the Planning department that all adjacent property
owners 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)
8.
At a minimum the following restrictive covenants shall be
recorded in conjunction with recordation of any subdivision plat:
Restrictions, applicable to Dorset Downs
Whereas, Dorset Downs (Barthurst Homes, Inc.)~ is the owner of
certain lands located within a community known as Dorset [)o\vns
in Chesterfield County, Virginia.
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06SN0161-r\PR26-BC)S
Whereas, the developer wishes to declare certain restrictive
covenants affecting certain lands in Dorset Downs.
The Developer does hereby declare that the covenants contained
herein shall be covenants running with the land and shall apply to
the lands described as Dorset Downs. The Developer reserves in
each instant the right to add additional restrictive covenants in
respect to lands to be conveyed in the future within the properties,
or to limit therein the application of this Declaration.
Dorset Downs when used herein shall refer to the lands in
Chesterfield County, Virginia, which are shown as a part of Dorset
Downs on the Developer's Master Plan as revised from time to
time.
Whenever used herein, the term "Developer" or "the Developer"
shall refer to Dorset Downs and any agent or agents appointed by
Dorset Downs its successors and assigns, to act on its behalf for
the purpose of administering or enforcing, in whole or in part, the
rights reserved unto the developer in this Declaration.
The terms "Property" and "Properties:" when used herein shall
refer to any tract of land or subdivision thereof in Dorset Downs,
which has been subjected to the provisions of this Declaration, or
any supplemental Declaration.
The term "Master Plan" when used in this Declaration shall mean
and refer to the drawing, which represents the conceptual concept
of the future development Dorset Downs. Since the concept of the
future development of Dorset Downs is subject to continuing
revision and change by the Developer, present and future
references to the "Master Plan" Shall be references to the latest
revision thereof.
The covenants and restrictions below will be referred to as the
General Property eovenants
Part I
Covenants, Restrictions and affirmative obligations
Applicable to all properties in Dorset Downs
The primary purpose of these covenants, restrictions and
affirmative obligations (Covenants) and the foremost consideration
in the origin of same has been the creation of a community, which
is aesthetically pleasing and functionally convenient. The
establishment if certain objective standards relating to design, size
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06SN0161-APR26- BOS
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and location of dwellings and other structures makes it impossible
to take full advantage of the individual characteristics of each
parcel of property and of technological advances and
environmental values. For this reason such standards are not
established by these Covenants. However, in order to implement
the purposes of these covenants, the Developer may establish and
amend from time to time objective standards and guidelines,
including, but not limited to, building guidelines, uniform sign
regulations, uniform mailbox as such terms are defined hereinafter,
which shall be in addition to and more restrictive than these
Covenants and which shall be bind on all property owners within
Dorset Downs.
1. a. Building Approvals - no building, fence or other
structure shall be erected, placed or altered on any property
in Dorset Downs until the proposed building plans~
specifications, exterior color or finish, plot plan (showi11g
the proposed location of such building or structure drivers,
and parking areas, and construction schedule shall have
been approved by the developer. In addition the developer
may, require prior written approval of a landscape plan.
The developer further reserves the right to promulgate and
amend from time to time architectural standards and
construction specifications (herein after referred to as the
"Building Guidelines") for specific neighborhoods and
areas or for all properties within Dorset Downs, and such
Building Guidelines Shall establish, define and expressly
limit those standards and specifications which will be
approved in said neighborhoods and architectural style,
exterior color or finish, roofing material design, and
construction technique.
No alteration in the exterior appearance without like prior
approval by the developer. One (1) copy of all plans and
related data shall be furnished to the developer for its
records. In the event approval of such plans is neither
granted nor denied within thirty days following receipt by
the developer to written demand for approval, the
provisions of these paragraph shall be then be waived.
b. In order to assure that the buildings, fences and
other structures will be located and staggered so that the
maximum view, privacy, sunlight, and breeze will be
available to each building or structures will be located and
staggered so that the maximum view, privacy, sunlight ,
and breeze will be available to and to assure that structures
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06SN0161-APR26-BOS
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will be located with regard to the topography of each
property, taking into consideration the location of large
trees and other aesthetic and environmental considerations,
the developer reserves the right to approve the precise site
and location of any building, fence or structure on any
property in Dorset Downs
Such location shall be determined only after reasonable
opportunity is afforded the property owner to recommend a
specific site. The provisions of this paragraph shall in no
way be construed as a guarantee that the view, privacy,
sunlight, or breeze available to a building or structure on a
given property shall not be affected by the location of a
building or structure on an adjacent property.
c. Tree Removal. No trees measuring six inches or
more in diameter at a point two feet above ground level
may be removed without the prior approval of the
Developer.
No vegetation shall be removed within ten (10) feet of back
property line of any lot unless that property owner erects
either an evergreen screen, the species and spacing of
which shall be approved by the developer, or a vinyl fence
at least six (6) feet in height.
d. Signs. Except as may be required by legal
proceedings no sign shall be erected or maintained on any
property by anyone, including, but not limited to, a
property owner or a tenant. A sign size, color and content
and the number and location of further reserves the right to
promulgate and be amended from time to time. Uniform
sign regulations: the Uniform Sign Regulations which shall
establish standard design criteria for all signs including, but
not limited to, real estate sales signs, erected upon any
property in Dorset Downs.
e. Mailboxes- No mailbox shall be erected or
maintained on any property until the proposed mailbox
design, color and the exterior appearance of any mailbox
shall be made without prior approval by the developer. The
developer further reserves the right to establish uniform
mailbox regulations (the" Uniform Mailbox regulations")
which shall define standard design criteria for all mailboxes
erected upon any property in Doset Downs.
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06SN0161-APR26-BOS
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f. Maintenance - It shall be the responsibility of each
Property Owner, tenant, contractor, or subcontractor to
prevent the development of any unclean, unsightly, unkept,
unhealthy, or unsafe conditions of buildings or grounds on
any property which shall tend to substantially decrease the
beauty or safety of Dorset Downs, the neighborhood as a
show, or the specific area.
g. Parking each property owner shall provide space for
the parking of automobiles off public streets prior to the
occupancy of any building to structure constructed on said
property, in accordance with reasonable standards
established by the developer.
h. Sewage Disposal - Prior to the occupancy of a
building or structure on any property, proper and suitable
provisions shall be made for the disposal of the disposal of
sewage by connection with the sewer mains of the
Chesterfield County public sewer system or other means of
sewage disposal if other means are approved by
Chesterfield County and the developer for use in Dorset
Downs.
i. Public Water - Prior to the occupancy of a building
or structure on any Property, proper and suitable provisions
for water shall be made by connection with the water lines
of the Chesterfield County public water system or any other
water system approved by Chesterfield County and the
developer for use in Dorset Downs.
j. Utility Easements - The Developer hereby reserve a
perpetual alienable, and releasable easement and right on
over, and under the properties to erect, maintain and use
electric, Community Antenna Television (C.A.T.V.) and
telephone poles, wires, cables, conduits, drainage ways,
sewers, water mains, and either suitable equipment for the
conveyance and use of electricity, telephone equipment for
the conveyance and use of electricity, telephone equipment,
C.A.T.V., gas, sewer, water, drainage, or other public
convenience or utilities on, in, or over those portions of
such property as may be reasonably required for utility line
purposes; provided, however, that no such utilities for
construction or a building whose plans were approved
pursuant to these Covenants by the Developer, or be
designated as the site for a building on a plot plan for
erection of a building which has been approved in writing
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06SN 0161- APR26- BUS
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by said developer. These easements and rights expressly
include the right to cut any trees, bushes, or shrubbery,
make any grading or the soil, or take any other similar
action reasonably necessary to provide economical and safe
utility installation and maintain reasonable standards of
health, safety, and appearance.
k. Antenna - Except as otherwise provided by
applicable law, no television antenna, radio receiver, radio
sender, or other similar device shall be attached to or
installed in any property on the exterior portion of any
building or structure on any property except as follows:
1. The provisions of this paragraph shall not
prohibit the developer from installing or approving
the installation of equipment necessary for a master
antenna system, C.A.T. V, mobile radio systems, or
other similar systems within the properties.
2. Should C.A.T.V. services be unavailable
and good television reception not be otherwise
available a property owner may make written
application to the developer for the permission to
install a television antenna, stating the proposed
antenna" size, height, color, location and design~
and such permission shall not be unreasonably
withheld.
3. No satellite dish antenna shall be installed
upon any property or attached to the exterior portion
of any building or structure on any property.
1. Fences - No chain link fence shall be erected or
maintained on any property.
m. Dog Pens - No dog pen shall be erected or maintained
on any property until the proposed dog pen design, color
fencing material, size and location have been approved in
writing by the developer, No alteration in the exterior
appearance of any dog pen shall be made without like prior
written approval by the developer.
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06SN0161-APR26-BOS
Part II
Additional Restrictions affecting residential Lots
1. Residential Lots or Lots as used in this part II shall mean
and refer to all those parcels or tracts of land within the
properties intended for subdivision or subdivided into
properties or lots intended for the construction of a
detached house or single family dwelling unit (hereinafter
referred to as a " dwelling Unit")
a. Minimum Size. Plans required of these covenants
will not be approved unless the proposed dwelling unit or
any other structures will give the minimum square footage
of enclosed dwelling space specified in the pertinent sales
contract and deed. The term "enclosed dwelling space"
shall not include garages, terraces, and decks. Open
porches, screened porches, and similar areas.
Other Restrictions
b. All residential lots shall be used for residential
purposes, recreational purposes incidental thereto, and for
customary accessory uses. The use of a portion of a
dwelling unit on a residential lot as an office by the Owner
or tenant thereof shall be considered a residential use if
such use does not create undue customer or client traffic, as
determined by the developer, to and from the unit or the
property.
c. No structure, except as hereinafter provided, shall
be erected, altered, placed, or permitted to remain on any
residential lot other than one (1) detached single family
accessory building does not overcrowd the property as
determined by the developer and provided, further that such
building use not used for any activity normally conducted
as a business. Such accessory building may not be
constructed prior to the construction of the main building.
d. The provisions of this paragraph shall not prohibit
the developer from using any dwelling units or accessory
permission to any builder to use any specific dwelling unit
or accessory building as models. In addition, the developer
may grant permission to any builder to use any specific
dwelling unit or accessory building as a model; selection of
the particular dwelling unit or accessory building and any
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06SN0161-APR26-BOS
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rules or regulations governing the use of such dwelling unit
or accessory building as a model shall be determined by the
developer.
2. Completion of Construction
a. The exterior of each swelling unit and all other
structures must be completed within one (1) year after the
construction of same shall have commenced, except where
such completion is impossible or would result in great
hardship to the natural calamities. Dwelling units and other
structures may not be temporarily or permanently issued
until the exterior thereof has been completed. During the
continuance of construction, the owner or each residential
lot shall require is contractor to maintain the lot in a
reasonably clean and uncluttered condition.
b. The failure to complete the exterior of any dwelling
unit or any other structure within the one year shall
constitute a violation and breach of these covenants The
developer hereby reserves a perpetual, alienable, and
releasable easement and right to enter upon any property
for the purpose of completing the exterior of such dwelling
unit or any other structure which is violation of these
covenants.
c. Garbage - Each residential lot owner shall provide a
screened area to serve as a service yard and an area in
which garbage receptacles, fuel tanks or similar storage
receptacles, electric and gas meters, air conditioning
equipment, clotheslines, and other unsightly objects mess
be placed or stored in order to conceal them from view
form the road and adjacent properties. The developer prior
written approval by the developer must approve plans for
such screened area delineating the size design,
specifications, exterior color or finish, and location.
Garbage receptacles and fuel tanks may be located outside
of such screened area only if located underground, and such
underground garbage receptacles mad fuel tanks and their
location mist likewise be approved by the developer prior
to construction. The developer reserves the right to
approve the selection of waste management vendor
authorized to provide garbage pickup within the properties.
d. Mobile homes, Boat Trailers Outbuildings, Etc.- No
mobile home trailer, barn or other similar out building or
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06SN0161-APR26-BOS
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structure shall be placed on any residential lot at any time
either temporarily or permanently. Except. as provided
below boat, boat trailers, campers, recreational vehicles,
oversized vehicles, or utility trailers may be maintained on
a residential lot~ but only within an enclosed or screened
area such that they are not generally visible from the road
or adjacent properties. No alteration in exterior appearance
of any enclosed or scented area shal I be made without like
prior written approval by the developer. A small boat~ boat
trailer, or boat on a boat trailer may be placed in the rear
yard to a residential lot without being enclosed b.y a
screened area if such boat, b oat trailer, or boat on a boat
trailer does not exceed an overall height of four (4') feet
height above ground level.
e. Temporary Structures- No structure of a temporary
character other than shelters or temporary structures used
by the contractor during construction of the main dwelling
unit shall be placed upon any residential lot at any time.
Temporary shelters or structures permitted during
construction may not, at any time be used as residences or
permitted to remain on the property after completion of
construction. The design and color of structures temporarily
placed on a residential lot but a contractor shall be subject
to reasonable aesthetic control temporarily placed on a
residential lot by a contractor shall be subject to reasonable
aesthetic control by the developer.
f. Subdivision of Lots - No residential lot shall be
subdivided or its boundary lines changed, nor shall be
subdivided or its boundary lines changed except with the
prior written consent of the Developer. However, the
developer hereby expressly reserves the right to replete any
residentiallot(s) owned by it and shown on the plat of any
subdivision within the properties in order to create a
modified building lot or lots, and to take such other steps as
are reasonable necessary to make such replatted lot suitable
and fit as a building site including, but not limited to, the
relocation of easements, walkways, rights of way, roads,
bike trails, bridges, parks recreational and community
facilities, and other amenities to conform to the new
boundaries of said replatted lot.
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06SN0161-APR26-BOS
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Part III
Duration and violation of Covenants
All Covenants set forth in this declaration and any amendments
thereto shall run with the land and shall be binding on all parties
and persons claiming under then, specifically including, but not
limited to, the successors and assigns, if any, of the developer for a
period of thirty (30) years. Covenants shall be automatically
extended for successive periods often (10) years.
Duly Called Meeting shall mean and refer to any open meeting of
the owners of the properties called by the developer for said
purposes, subject to the giving of votes on subject to giving proper
notice.
Enforcement - In the event of a violation or breach of any of the
covenants by any owner tenant of such owner, the owners of
properties in the neighborhood or in Dorset Down, or any of them,
jointly or severally, shall have the right to proceed at law or in
equity to compel a compliance to the terms hereof or to prevent the
violation or reach in any event. In addition to the foregoing, the
developer shall have the right to proceed at law or in equity to
compel a compliance to the terms hereof or to prevent the violation
or breach in any event.
Other Remedies - In addition to the foregoing, the Developer shall
have the right, whenever there shall have been placed or
constructed on and property in Dorset Downs any violation of
these restrictions, to enter upon such property where such violation
exists and summarily abate or remove the same the expense of the
owner, if after thirty (30) days written notice of such violation it
shall not have been corrected by the owner tenant, or agent of the
owner; provided, however, that if the developer in its reasonable
discretion determines that immediate corrective action is required.,
and such action is not performed immediately by the owner, tenant,
or agent of the owner, the developer or its agent shall have the
right to enter immediately and summarily abate or remove such
violation the expense of the owner. Any such entry and abatement
or remove al shall not be deemed a trespass.
No Trespass - Whenever the developer or its agent is permitted b y
this declaration to correct, repair, enhance improve e, clean,
preserve e, clear out, remove, or take any action on any property or
on the easement areas adjacent thereof entering the property and
taking such action shall not be deem a trespass.
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06SN0161-APR26-130S
No Waiver - The failure to enforce any covenant, regardless of
how long such failure shall continue, this shall not constitute
waiver of or a bar to such right to enforce
Costs/Liens
Costs - whenever the developer is permitted by this declaration to
correct, repair, enhance improvement clean, preserve, clear out,
remove, or take any action on any property or on the easement
areas adjacent thereto and entitled to have such cost paid by the
owner of the property on or adjacent to which such corrective
action is performed, the cost together with interest thereon at the
maximum annual rate permitted by law from the due date and costs
of collection therefore including a reasonable attorney's fee, shall
be a charge and continuing lien on the real property and
improvements thereon against which such cost is charged, in the
hands of the then owner, his heirs, devisees, personal
representatives, tenants, and assigns, and in addition shall also be
the personal obligation of the Owner of such real property at the
time when such cost become due and payable. The cost of
corrective action shall be billed at the completion of such
corrective action, and all bills shall be due completion of such
corrective action shall billed at the completion of such corrective
action, and all bills shall be due and payable thirty (30) days from
the date of mailing of same.
Judgement - the cost of corrective action billed to an owner is not
paid within thirty (30) days after the due date, the developer may
bring an action at law against the owner personally to recover such
cost, plus the costs of preparing the attorney's fee; in the event a
judgement is obtained, such judgement shall include interest on the
cost as above provided and a reasonable attorney's fee together
with the costs of the action.
Subordination of Lien - The lien provided for herein shall be
subordinate to the lien of any first deed of covenants. In the event
a creditor (other than the developer or the creditor of the
developer) acquires title to any property pursuant to foreclosure or
any other proceeding or deed in lieu of foreclosure, said creditor
shall be subject to such lien placed upon such property during the
time in which the creditor holds the title to such property. (P)
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06SN0161-APR26-BOS
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GENERAL INFORMATION
Location:
Southeast quadrant of the intersection of Old Happy Hill and Branders Bridge Roads. Tax
ID 785-646-8847 (Sheet 34).
Existing Zoning:
A
Size:
7.2 acres
Existing Land Use:
Vacant
Adiacent Zoning and Land Use:
North, East and West - A; Single-family residential or vacant
South - R-12; Single-family residential or vacant
UTILITIES
Public Water System:
A sixteen (16) inch water line extends along the east side of Branders Bridge Road and
terminates at Happy Hill Road, approximately 1,400 feet south of this site. In addition, a
sixteen (16) 'inch water line extends along Happy Hill Road with an eight (8) inch water line
stubbed out for future extension along Old Happy Hill Road. The eight (8) inch line
terminates approximately 2,700 feet east of the request site. Use of the public water system
to serve this site is required by County Code.
Per Utilities Department Design Specifications (DS-21), wherever possible, two (2) supply
points must be provided for subdivisions containing more than twenty-five (25) lots.
Public Wastewater System:
There is an eight (8) inch wastewater collector line extending along Nairn Lane within
Nairn Subdivision, Section 1, approximately 175 feet south of this site. A twenty (20)
foot wide drainage and sewer easement was left between lots twenty-three (23) and
twenty-four (24) to facilitate future extension of the public wastewater system to this site.
Use of the public wastewater system is required by County Code.
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06SN0161- APR26- BOS
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ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the south through existing man-made drainage facilities in
Nairn Subdivision, Section I, and then via tributaries to Timsbury Creek. There are
currently no known on- or off-site drainage or erosion problems and none are anticipated
after development. The property is heavily wooded and as such should not be timbered
without first obtaining a land disturbance permit from the Department of Environn1ental
Engineering. (Proffered Condition 2)
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 tire 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 thirteen (13) dwelling units, this request will generate
approximately four (4) calls for fire and emergency medical service each year. The
applicant has addressed the impact on fire and EMS. (Proffered Condition 1)
The Chester Fire Station, Company Number 1, and Bensley Bermuda Volunteer Rescue
Squad currently provide fire protection and EMS. 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 seven (7) students will be generated by this development. Currently, this
site lies in the Wells Elementary School attendance zone: capacity - 697, enrollment _
893; Carver Middle School zone: capacity - 1,229, enrollment - 1,287; and Bird High
School zone: capacity - 1,722, enrollment - 1,835. The enrollment is based on September
30, 2005 and the capacity is as of 2005-2006. This request will have an impact at the
elementary. and secondary levels. There are currently ten (10) trailers at Wells
Elementary, nine (9) at Carver Middle and five (5) at Bird High School.
A new elementary is scheduled to open in fall of 2007 and a new middle school is
scheduled to open in 2009. TIle elementary school will provide relief for Wells and other
schools in this area of the county. The new middle school will provide relief for Chester
15
06SN0161-APR26-BOS
and Carver Middle Schools. This area of the county continues to experience growth and
these schools will provide much needed space.
This case combined with other residential developments and zoning cases in the area will
continue to push these schools to capacity, especially at the secondary level, necessitating
some form of relief in the future.
The applicant has addressed the impact of this development on school facilities.
(Proffered Condition 1)
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 in this area of the County would most likely affect the Meadowdale
Library, the Central Library or the Chester Library. The Public Facilities Plan identifies a
need to expand the Meadowdale and Chester Libraries. The applicant has addressed the
impact of this proposed development on library facilities. (Proffered Condition 1)
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 addressed the impact of this proposed development on parks and
recreation facilities. (Proffered Condition 1)
Transportation:
The property (7.2 acres) is currently zoned Agricultural (A), and is located at the
Branders Bridge Road/Old Happy Hill Road intersection. The applicant is requesting
rezoning from A to Residential (R-12). Based on single-family trip rates, development
could generate approximately 160 average daily trips (ADT). These vehicles will
initially be distributed along Old Happy Hill Road which had a 2006 traffic count of
2,739 vehicles per day. Based on the volume of traffic it carries during peak hours, Old
Happy Hill Road is functioning at an acceptable level (Level of Service C). Some of this
traffic will travel west to Branders Bridge Road, which had a 2005 traffic count of 6, 151
vehicles per day between Bradley Bridge Road and Happy Hill Road. Based on the
volume of traffic it carries during peak hours, Branders Bridge Road is functioning at an
acceptable level. (Level of Service D)
16 06SN0161-APR26-BOS
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The Thoroughfare Plan identifies Old Happy Hill Road and Branders Bridge Road as
major arterials with recommended right-of-way widths of ninety (90) feet. The applicant
has proffered to dedicate forty-five (45) feet of right-of-way along both roads adjacent to
the property', in accordance with that Plan. (Proffered Condition 3)
Access to major arterials and collectors, such as Old Happy Hill Road and Branders
Bridge Road, should be controlled. The applicant has proffered that direct access from
the property will be limited to one (1) public road on Old Happy Hill Road (Proffered
Condition 4). This same proffer states that there will be no access to Branders Bridge
Road. In order to provide adequate separation from the Old Happy Hill Road/Branders
Bridge Road intersection, this public road should be located towards the eastern property
line.
The traffic impact of this development must be addressed. The applicant has proffered
to: 1) construct additional pavement along Old Happy Hill Road at the public road
intersection to provide right and left turn lanes based on Transportation Department
standards; 2) reconstruct Old Happy Hill Road and Branders Bridge 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 both roads;
and 4) dedicate any additional right-of-way required for these improvements (Proffered
Condition 5). It is anticipated that only a right turn lane will be warranted; however, if a
left turn lane is warranted acquisition of additional right of way from property owners
along Old Happy Hill Road will be necessary. Turn lane warrants will be evaluated by
the Transportation Department during 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
Old Happy Hill Road and Branders Bridge Road. Sections of both of these roads 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 1)
Cash proffers alone will not cover the cost of the road improvements needed in this area.
Included in the Six- Year Plan are three (3) projects along Branders Bridge Road. The
first project, anticipated to begin in Spring 2007, involves shoulder improvements to
Branders Bridge Road from Carver Heights Drive to Bradley Bridge Road. A second
project to improve a curve on Branders Bridge Road just north of Whitehouse Road is
being managed by VDOT, which has not established a schedule for construction. The
final project in this area involves improving Branders Bridge Road from Bradley Bridge
Road to Happy Hill Road. A construction schedule for this project has not been
established.
At time of tentative subdivision review, specific recommendations will be provided
regarding the proposed internal street network and stub roads to adjacent properties.
17 06SN0161-APR26-BC)S
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Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 14* 1.00
Population Increase 38.08 2.72
Number of New Students
Elementary 3.26 0.23
Middle 1.82 0.13
High 2.37 0.17
TOTAL 7.45 0.53
Net Cost for Schools 74,872 5,348
Net Cost for Parks 8,456 604
Net Cost for Libraries 4,886 349
Net Cost for Fire Stations 5,670 405
A verage Net Cost for Roads 125,188 8~942
TOT AL NET COST 219,072 15~648 I
i
*Based on an average actual yield of 1.99 lots per acre. 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 1)
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.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Southern and Western Area Plan which suggests the
property is appropriate for residential 2.51 to 4.0 dwelling units per acre.
18
06SN0161-APR26-BOS
Area Development Trends:
Adjacent properties to the north, east and west are zoned Agricultural (A) and are
occupied by single family residential uses on acreage parcels or are vacant. Properties to
the south are zoned Residential (R-12) and have been developed for single-family
residential uses in Nairn Subdivision. It is anticipated that residential use will continue in
the area at densities suggested by the Plan.
Density:
As previously noted, a single family residential subdivision with a lninimum lot size of
12,000 square feet is planned. A maximum of 3.63 dwelling units per acre is permitted
within a Residential (R-12) District which would yield approximately twenty-six (26)
dwelling units; the theoretical density permitted in a Residential (R-12) District is 3.05
dwelling units per acre which would yield approximately twenty-two (22) dwelling units;
and, the average actual lots recorded in a Residential (R-12) District, utilizing public
water and sewer, between 2002 and 2004 was 1.99 dwelling units per acre, which would
yield approximately fourteen (14) dwelling units.
House Sizes:
To address concerns of the Bermuda District Commissioner and area citizens, Proffered
Condition 6 addresses minimum house sizes.
Adjacent Property Owner Notification:
Proffered Condition 7 requires the developer to notify adjacent property owners of
submission of any tentative subdivision plans to the County.
Restrictive Covenants:
Proffered Condition 8 requires restrictive covenants to be recorded in conjunction with
the recordation of any subdivision plat. It is important to note that the County will only
ensure the recordation of the covenants and will not be responsible for their enforcement.
Once the covenants are recorded, they can be changed.
CONCLUSIONS
The proposed zoning and land uses conform to the Southern and Western Area Plan which
suggests the property is appropriate for residential use of 2.51 to 4.0 dwelling units per acre.
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
19
06SN0161-APR26-BOS
facilities, thereby ensuring that adequate service levels are maintained as necessary to protect the
health, safety and welfare of County citizens.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (1/17/06):
At the request of the applicant, the Commission deferred this case to February 21,2006.
Staff (1/18/06):
The applicant was advised that any significant, new or revised information should be
submitted no later than January 25, 2006, for consideration at the Commission's February
21, 2006, public hearing.
Also, the applicant was advised that a $500.00 deferral fee must be paid prior to the
Commission's public hearing.
Applicants, Staff, Bermuda District Planning Commissioner and Area Citizens (2/9/06):
A meeting was held to discuss the request. Concerns were expressed relative to house
sizes, traffic, visibility of development from their properties and subdivision layout.
Applicant (2/10/06):
The deferral fee was paid.
Applicant (2/17/06):
Additional proffered conditions were submitted.
Planning Commission Meeting (2/21/06):
At the request of the applicant, the Commission deferred this case to March 21, 2006.
20
06SN0161-APR26-BOS
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Staff (2/22/06):
The applicant was advised that any significant, new or revised information should be
submitted no later than February 27, 2006, for consideration at the Commission's March,
21, 2006, public haring.
Also, the applicant was advised that a $500.00 deferral fee must be paid prior to the
Commission's public hearing.
Staff (2/27/06):
To date, the deferral fee has not been paid.
Applicant (2/28/06 and 3/21/06):
Revisions to proffered conditions were submitted.
Applicant (3/17/06):
The deferral fee was paid.
Applicant (3/20106):
Revision to Proffered Condition 8 was submitted.
Planning Commission Meeting (3/21/06):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Wilson, seconded by Mr. Gecker, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 through 13.
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.
21
06SN0161-APR26-BOS
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