06SN0174
./\priI18, 2006 CPC
May 24, 2006 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
06SN0174
Kevin Bottoms
Clover Hill Magisterial District
Clover Hill Elementary, Swift Creek Middle and Clover Hill High Schools Attendance Zones
Northeastern terminus of Saint Elizabeth Drive
REQUEST: Rezoning from Agricultural (A) to Residential (R-12).
PROPOSED LAND USE:
A residential subdivision having a maximum of twenty-five (25) lots is planned,
yielding a density of approximately 1.8 dwelling units per acre with a minimum
lot size of 15,000 square feet. (Proffered Condition 3)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 9.
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 2.0 units
per acre or less.
B. The proffered conditions adequately address the impacts of this development on
necessary capital facilities, as outlined in the Zoning Ordinance and
Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries
and fire stations is identified in the Public Facilities Plan, the Thoroughfare Plan
and the Capital Improvement Program, and the impact of this development is
Providing a FIRST CHOICE community through excellence in public service
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.)
PROFFERED CONDITIONS
(STAFF/CPC)
(ST AFF /CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
1.
Public water and wastewater shall be used. (D)
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
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)
3.
The maximum density of this development shall not exceed twenty
five (25) dwelling units. (P)
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.
BMPs.
a) The developer shall convert the existing SWMlBMP device
by constructing Phase II of the original design, as shown on
the plans titled Walgreen's - Spring Run, prepared by
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06SN0174-MA Y24-BOS
Balzer and Associates Inc. and dated September 19, 2000
and revised May 23,2001. (EE)
b) The BMP referenced in 5.a. shall be designed and
constructed to accommodate runoff from the property and
Clover Hill High School. All drainage except that which
drains to 724-672-81 02 (commonly known as Aunt
Sarah's) and that which drains from the northern portion of
the subject property shall be directed through this BMP. At
a minimum, the BMP shall be fenced so as to only allow
access from Tax ID 726-673-1225 (Clover Hill High
School) and shall be designed with both safety and aquatic
benches. The design of the fence, safety bench and aquatic
bench shall be approved by the Planning and
Environmental Engineering Departments. (P & EE)
c) The following easements shall be dedicated to and for the
benefit of Chesterfield County, in a form acceptable to the
County:
1. A fifty (50) foot easement, north of the SWM/BMP,
from the northern boundary of the SWM/BMP
north for the remaining length of the eastern
Property line. Except where necessary to
accommodate utility extensions, there shall be no
clearing or grading within this easement. If clearing
or grading is necessary to accommodate utility
extensions, measures shall be taken to minimize the
amount of tree removal within the easement. A
minimum of one (1) week prior to clearing, the
owner/developer shall flag the limits of clearing for
inspection by the Planning, Utilities and
Environmental Engineering Departments as well as
the Clover Hill District Planning Commissioner. A
minimum of forty-eight (48) hours prior to any
clearing activity within this fifty (50) foot easement
for the purpose of extending utilities to the property,
the owner/developer shall notify the Utilities,
Environmental Engineering and Planning
Departments and the Clover Hill District Planning
Commissioner of such proposed clearing. An
inspector from each of these County departments
and the Clover Hill District Planning Commissioner
shall be on-site during this clearing process.
Subsequent to such clearing, silt fencing shall be
installed in as determined appropriate by the
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06SN0174-MA Y24-BOS
(STAFF/epe)
(STAFF/epe)
(STAFF/CPC)
(STAFF/CPC)
Environmental Engineering Department. (8, U, EE
&P)
11. An easement around the SWM/BMP, of a width
necessary to accommodate pedestrian circulation
for use by authorized personnel. This easement
may be located within the boundaries of the BMP
easement normally required by the Environmental
Engineering Department. The easement shall be
located within the fenced area described in
Condition 5.b. The easement shall be posted with a
sign stating: "No Trespassing-For Authorized
Personnel Only." (8)
(NOTE: The purpose of Condition S.c. is to provide a water quality
teaching area north of the SWM/BMP and an easement around the
,SWM/BMP. It is the intent that the SWM/BMP and the area north of the
SWM/BMP be used by several schools for the purpose of studying water
quality monitoring techniques in the SWM/BMP and the outflow into the
creek, north of the SWM/BMP, leading to the Swift Creek Reservoir. It is
also the intent that the area be used to study the benefits of providing tree-
save areas as riparian corridors adjacent to creeks. However, the area
could be used for other purposes as may be determined by the County in
the future, subject to Substantial Accord Approval).
6.
BMP Design. Any above ground facilities required for water
quantity or quality control shall be designed as wet ponds and shall
be landscaped or otherwise improved so that the facilities become
visual enhancements to, and amenities for, the project. At the time
of plan review, a plan depicting this requirement shall be submitted
for review and approval. (EE)
7.
Sidewalks. Sidewalks shall be provided on both sides of Temie
Lee Parkway and the extension of St. Elizabeth Drive. The exact
location and design of sidewalks shall be approved at the time of
plan review. (P)
8.
All lots shall have access to both St. Elizabeth's Drive and Temie
Lee Parkway. (P)
9.
The minimum lot size shall be 15,000 square feet. Lots abutting
Southshore Subdivision shall contain a minimum of 18,600 square
feet. Lots abutting Lands End Subdivision shall contain a
minimum of 43,250 square feet. Should any open space be
provided between the proposed lots and the adjacent subdivisions
noted herein, the minimum lot sizes noted herein shall continue to
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06SN0174-MA Y24-BOS
(ST AFF /CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
10.
apply as though no open space separates the proposed lots from
these adjoining developments. (P)
A maximum of two (2) lots shall be permitted to abut the Lands
End Subdivision. (P)
11.
Dwelling units shall have a minimum of 2,500 square feet of gross
floor area adjacent to Lands End and Southshore subdivisions and
2,200 square feet of gross floor area adjacent to S1. Clair
subdivision. Should any open space be provided between the
proposed lots and the adjacent subdivisions noted herein, the
minimum dwelling unit sizes noted herein shall continue to apply
as though no open space separates the proposed lots from these
adjoining developments. (BI & P)
12.
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)
13.
A single row of evergreen trees (Bayberry or similar species
subject to Planning Department approval) a minimum of six (6)
feet in height at time of planting, shall be planted, approximately
ten (10) feet on center, along the uphill side of the RP A located on
lots that abut Lands End Subdivision. The exact location of such
landscaping shall be approved by the Planning Department. (P &
EE)
14.
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.
b) No initial 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 (except as
permitted by law), or similar device, or change in the
exterior color or siding material shall be made, erected,
altered, or replaced unless two sets of detailed plans and
specifications, including a site plan locating all such
improvements and describing exterior finishes (material
and color, including roof) have first been submitted to and
approved by Declarant in writing.
c) Declarant reserves unto itself the right and privilege to
install gas lines, water lines, sewer lines, storm sewers,
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electric lines, telephone and telegraph poles, lines and
wires, and other utilities and appurtenances in the street and
roads of the Subdivision and along the property lines of the
Lots, and to grant to other persons, companies, or
corporations any or all of such rights and privileges, but the
reservation of such rights shall not relieve any grantee form
the obligation to pay the usual and customary charges made
with" respect to his Lot for the installation and/or connection
of utilities.
d) In considering requests for approval of fences and hedges,
the following general guidelines will be applied:
1. No fence shall be permitted in the front yard of any
Lot (between the building setback line and street
line ).
11. No fence or hedge shall generally be permitted
higher than 48 inches of any Lot.
111. No chain link fences or fences of other materials
similar in nature or appearance will be permitted on
any Lot.
e) Declarant may in its absolute discretion waive or modify
these guidelines and consider such other criteria as it shall
deem appropriate.
f) No sign of any kind shall be displayed to public view on
any Lot, unless first approved in writing by Declarant,
except on sign of not more than four (4) square feet
advertising the property for sale or rent, or signs used by a
the initial construction and sales period.
g) No use shall be made of any Lot, or any part thereof which
constitutes a nuisance or which would adversely affect the
value or marketability of other Lots, No stables, swine,
sheep, cows, or the like shall be permitted on any Lot. All
trash, garbage and/or rubbish shall be kept in sanitary
containers located so as not to be visible from a public
street except as necessary for limited times in connection
with pickup and removal by disposal services and except
during periods of construction.
h) No driveway, entranceway, or sidewalk shall be
constructed on any Lot unless approved as provided in
paragraph b.
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06SN0174-MA Y24-BOS
i) No above ground swimming pools shall be permitted. No
in-ground swimming pools shall be located nearer to any
street line than the rear building line of the dwelling.
j) No structure of a temporary character or any trailer, tent,
barn, or other outbuildings shall be used on any Lot at any
time as a residence, either temporarily or permanently.
k) No trees over six (6) inches in diameter shall be removed
from any Lot without the prior written approval of
Declarant.
1) No portable air conditions units will be place in any
window of a dwelling or other building if visible from a
public street.
m) 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, except as permitted
by law.
n) No motor vehicle will be parked on or adjacent to any Lot
which does not have a current state license, state inspection
sticker, and county license, and no commercial vehicle,
such as a school bus, delivery truck, or other large vehicle
or equipment will be parked on a street in the subdivision
or on any Lot. No recreational vehicle (mobile home,
camping trailer, and other similar vehicles) shall be parked
on a street in the Subdivision or on a Lot except in a
driveway shown on plans that have been approved as
provided in Paragraph b.
0) Anyone or more of the covenants or restrictions imposed
by paragraphs a through n above may be waived or
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.
p) In addition to the foregoing conditions and restrictions, the
Lots shall be subject to easements for drainage and utilities,
including power and telephone lines, as shown on the plat,
and any other easements of record at the time of
conveyance of any Lot.
q) Invalidation of anyone of the prOVISIons of these
restrictions by judgement, court order, or otherwise shall in
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06SN0174-l\.1A Y24-BOS
no way affect any of the other provIsIons which shall
remain in full force and effect.
r) Declarant reserves the right to assign and transfer to any
person, persons, or entity some or all of its rights provided
herein and in such event such transferee shall have and may
exercise all such rights to the same extent as if he, they, or
it were the Declarant.
s) Declarant shall have the full right and privilege to enforce
all restrictions and conditions contained herein by
appropriate proceeding at law for damages and/or in equity
for appropriate injunctive relief and restraining orders to
prevent violations, or to require violations to be corrected,
together with damages sustained including, without
limitation, attorneys' fees and costs. In addition, any Owner
shall have, after seventy-five percent (75%) or more of the
Lots have been conveyed to purchasers other than builders,
the right to enforce compliance with these restrictions as
provided in this paragraph.
t) These restrictions shall run with the land and be binding
upon any and all succeeding owners, their personal
representatives, estates, heirs, devisees, assigns, or
successors in interest or any other partied having or taking
an interest in or to the Property, or any part thereof, and
shall automatically be extended for successive periods of
ten (10) years unless otherwise provided in a written
instrument executed by the owners of a majority of the Lots
in the Subdivision unless a release, waiver, or breach of any
one or more of the restrictions contained herein or any part
thereof is required or agreed to by a court or governmental
authority having jurisdiction over the Property.
u) 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.
v) The covenants and restrictions of this Declaration shall run
with and bind the Properties and the Owners, for a term of
twenty (20) years from the date this Declaration is
recorded, after which time they shall be automatically
extended for three (3) successive periods of ten (10) years
each unless revoked by a recorded instrument executed by
the Owners ofa majority of the Lots subject hereto. (P)
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(ST AFF /CPC)
15.
Prior to tentative subdivision approval, the developer shall submit
certification to the Planning Department that all adjacent property
owners of record in the Department of Real Estate Assessment, the
last known representative of Southshore Homeowners Association
on file with the Planning Department and the Clover Hill District
Planning Commissioner 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 appeal to
the Planning Commission shall not commence until such
certification has been provided. (P)
GENERAL INFORMATION
Location:
Northeastern terminus of Saint Elizabeth Drive and off the northern terminus of Temie
Lee Parkway. Tax ID 724-672-Part of9387 (Sheet 15).
Existing Zoning:
A with Conditional Use Planned Development
Size:
14.2 acres
Existing Land Use:
Vacant
Adiacent Zoning and Land Use:
North - R-12; Single family residential
South - 0-2 with Conditional Use Planned Development; Vacant
East - R-7; Single family residential and public/semi-public
West - R-9; Single family residential
UTILITIES
Public Water System:
There are three (3) existing public water lines that are adjacent to the request site. An
eight (8) inch water line extends along Temie Lee Parkway terminating adjacent to the
southeastern boundary of the site; an eight (8) inch water line extends along St. Elizabeth
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06SN0174-1\1A Y24-BOS
Drive terminating adjacent to the southwest boundary of this site; and an eight (8) inch
water line extends along Harbour Pointe Road, terminating adjacent to the northeast
boundary of this site. Use of the public water system to serve this site is recommended by
the Upper Swift Creek Plan and has been proffered. (Proffered Condition 1)
To provide for adequate emergency flow in this area, connection will be required to each
of the existing eight (8) inch water lines in Temie Lee Parkway, St. Elizabeth Drive, and
Harbour Point Road.
Public Wastewater System:
There is an existing eight (8) inch wastewater collector line extending along the northeast
boundary of this site and along the southeast boundary of this site, adjacent to Temie Lee
Parkway. Use of the public wastewater system to serve this site is recommended by the
Upper Swift Creek Plan and has been proffered. (Proffered Condition 1)
ENVIRONMENT AL
Drainage and Erosion:
The subject property drains to the east to a tributary of Swift Creek Reservoir. There are
currently no on- or off-site drainage or erosion problems and none are anticipated after
development. The property is wooded and, as such, should not be timbered without
obtaining a land disturbance permit from the Department of Environmental Engineering.
This will insure that adequate erosion control measures are in place prior to any land
disturbance. (Proffered Condition 4)
Water Quality:
A portion of this property drains through the existing BMP that is partially located on the
Clover Hill High School property. In addition to paying into the pro-rata fee for regional
BMP construction, the developer has proffered to increase the volume within this existing
BMP to achieve the required pollutant removal from this site. (Proffered Condition 5.a)
Clover Hill High School, which was constructed approximately thirty (30) years ago, had
the majority of its old impervious area draining directly into Swift Creek Reservoir with
no water quality features for removal of pollutants. Consistent with conditions of Case
01SN0121 affecting both this property and the adjacent 0-2 and C-2 parcels (reference
"Case History"), the existing BMP will continue to accommodate runoff from Clover Hill
High School as well as development on the subject property. (Proffered Condition 5.b)
Proffered Condition 6 requires that any BMP's be designed as wet ponds and be
landscaped or otherwise improved, as a visual amenity for the project.
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06SN0174-MA Y24-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 new stations, the Plan also recommends the expansion of five (5)
existing stations. Based on twenty-five (25) dwelling units, this request will generate
approximately six (6) calls for fire and emergency medical service each year. The
applicant has addressed the impact on fire and EMS. (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
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 fourteen (14) students will be generated by this development. Currently,
this site lies in the Clover Hill Elementary School attendance zone: capacity - 759,
enrollment - 859; Swift Creek Middle School zone: capacity - 1,027, enrollment - 1,483;
and Clover Hill High School zone: capacity - 1,582, enrollment - 2,080. The enrollment
is based on September 30, 2005 and the capacity is as of 2005-2006.
This request will have a significant impact at the elementary and secondary levels. There
are currently five (5) trailers at Clover Hill Elementary, fifteen (15) at Swift Creek
Middle and twenty (20) at Clover Hill High.
A new elementary school is in the Capital Improvement Plan (CIP) that will provide
relief for Clover Hill 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 the
development on school facilities. (Proffered Condition 2)
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06SN0174-1\I1A Y24-BOS
Consistent with existing conditions of Case 01SN0121 affecting this property (reference
"Case History"), Proffered Condition 5 continues to provide for a BMP designed to serve
both this development as well as the Clover Hill High School complex. This BMP as
well as a tree save area north of the facility will also serve several schools as a teaching
facility for the purpose of studying water quality monitoring techniques associated with
the Swift Creek Reservoir.
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 the development on library facilities. (Proffered Condition 2)
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) new regional parks, seven (7)
community parks, twenty-nine (29) neighborhood parks and five (5) community centers
by 2020. In addition, the Public Facilities Plan identifies the need for ten (10) new or
expanded special purpose parks to provide water access or preserve and interpret unique
recreational, cultural or environmental resources. The Plan identifies shortfalls in trails
and recreational historic sites.
The applicant has offered measures to assist in addressing the impact of this proposed
development on these parks and recreational facilities. (Proffered Condition 2)
Transportation:
The property (14.2 acres) is currently zoned Agricultural (A), and the applicant is requesting
rezoning to Residential (R-12). The applicant has proffered a maximum density of twenty-six (26)
lots (Proffered Condition 3). Based on single-family trip rates, development could generate
approximately 310 average daily trips.
These vehicles will be initially distributed along Temie Lee Parkway and along streets within
Southshore Subdivision to Hull Street Road (Route 360), which had a 2001 traffic count of 61 ,549
vehicles per day. The section of Route 360 between Winterpock Road and Old Hundred Road
exceeds its capacity (Level of Service F) for the volume of traffic it carries. Drivers along this
section of Route 360 experience extreme congestion, especially during peak periods.
The traffic impact of this development must be addressed. 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). As development continues in this
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06SN0174-I\1A Y24-BOS
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; except for a project to widen Route 360 to six (6) and eight (8) lanes from
Swift Creek to Winterpock Road which will be funded with state funds and county bond proceeds.
Construction is anticipated to begin in the summer of 2006.
Financial Impact on Caoital Facilities:
PER UNIT
Potential Number of New Dwelling Units 25* 1.00
Population Increase 68.00 2.72
Number of New Students
Elementary 5.83 0.23
Middle 3.25 0.13
High 4.23 0.17
TOTAL 13.30 0.53
Net Cost for Schools 133,700 5,348
Net Cost for Parks 15,100 604
Net Cost for Libraries 8,725 349
Net Cost for Fire Stations 10,125 405
Average Net Cost for Roads 223,550 8,942
TOT AL NET COST $391,200 $15,648
* Based on a proffered maximum of 25 dwelling units (Proffered Condition 3). The actual
number of dwelling units and the 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, ~ibraries, and
fire stations at $15,648 per unit. The applicant has been advised that a maximum proffer of
$15,600 per unit would defray the cost of the capital facilities necessitated by this proposed
development. Consistent with the Board of Supervisors' policy, and proffers accepted from other
applicants, the applicant has offered cash 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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06SN0174-lviA Y24-BOS
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is
appropriate for single family residential use of 2.0 units per acre or less. The Plan is
currently being revised. The draft Plan, as recommended by the Planning Department, is
consistent with the aforementioned recommendation of the current Plan for this property.
Area Development Trends:
Properties to the north, northeast and west have been developed as part of the Southshore,
Lands End and St. Clair subdivisions. Property to the southeast is occupied by the Clover
Hill High School. Property to the south is zoned for office use and is currently vacant. It
is anticipated that residential development on the request property will be incorporated
into an overall development plan with office and commercial properties to the south.
Zoning History:
On February 23, 2003, upon a favorable recommendation by the Planning Commission,
the Board of Supervisors approved a rezoning of the adjacent properties to the south to
Corporate Office (0-2) and Neighborhood Business (C-2) with Conditional Use Planned
Development on these properties plus an existing zoned neighborhood Business (C-2)
tract and the subject property (Case 0ISNOI21). Conditions were imposed on the subject
property that, in part, addressed BMP location, design and construction and sidewalk and
road connections to the 0-2 and C-2 tracts and to the adjacent St. Clair Subdivision.
These provisions have been incorporated into the current zoning request.
Densitv and Lot Sizes:
The applicant has proffered a maximum of twenty-five (25) lots, yielding a maximum
density of approximately 1.8 dwelling units per acre. (Proffered Condition 3)
Proffered Condition 9 requires a minimum lot size of 15,000 square feet, with larger lot
sizes adjacent to Southshore and Lands End Subdivisions. No more than two (2) lots can
abut the Lands End Subdivision. (Proffered Condition 10)
Dwelling: Size and Foundation Treatment:
Proffered Conditions 11 and 12 address mInImum dwelling SIze and foundation
treatments.
Buffers:
A portion of the subject property abuts an existing residential subdivision to the east
(Lands End). Currently, the Ordinance does not require the provision of a buffer between
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06SN0174-1{AY24-BOS
single family residential districts. Consistent with conditions of Case 01 SNO 121 affecting
this property (reference "Case History"), Proffered Condition 5.c provides for a fifty (50)
foot easement abutting this adjacent subdivision, within which measures will be taken to
minimize tree removal as part of a water quality teaching area. Further, Proffered
Condition 13 requires additional plantings on lots abutting the Lands End development.
It has been staff s experience that individual homeowners tend to clear preservation
planting areas included within the boundaries of individual lots. To preserve the integrity
of this strip, Proffered Condition 5.c and 13 should require that these areas be provided in
open space.
It should be noted that the stream bordering the subject property to the east has been
determined to be perennial and currently subject to a 100-foot conservation area.
Sidewalks:
Consistent with conditions of Case 01 SNO 121 affecting this property (reference "Case
History"), sidewalks are proposed along St. Elizabeth Drive and Temie Lee Parkway,
connecting existing and future residential neighborhoods, commercial and office
developments. (Proffered Condition 7)
Access to St. Elizabeth Drive:
St. Elizabeth Drive, which serves 81. Clair Subdivision, is located to the western limits of
the subject property. Should this right of way be extended to provide sole access to a
portion of the proposed development, lot size and density compatibility with lots in the
portion of St. Clair Subdivision would need to be addressed. The applicant has proffered
that all lots within the proposed development will have access to both 81. Elizabeth Drive
and Temie Lee Parkway, thereby eliminating the need to address this compatibility issue.
(Proffered Condition 8)
Notification of Adiacents:
In response to concerns of area residents and the Clover Hill District Commissioner, the
applicant submitted Proffered Condition 15. This proffer requires the developer to notify
all adjacent property owners, a representative of the 80uthshore Homeowners
Association and the Clover Hill District Commissioner of the submission of tentative
subdivision plans. It is imperative that the association keep the Planning Department
current with the name and address of the representative to be notified.
Restrictive Covenants:
The applicant has agreed to record restrictive covenants (Proffered Condition 14). It
should be noted that the County will not be responsible for enforcing the restrictive
covenants, only that they be recorded. Once recorded, the restrictive covenants may be
changed.
15
06SN0174-MA Y24-BOS
CONCLUSIONS
The proposed zoning and land uses conform to the UODer Swift Creek Plan which suggests the
property is appropriate for single family residential use of 2.0 units per acre or less. 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.
CASE HISTORY
Applicant (4/13/06):
An additional proffered condition was submitted.
Planning Commission Meeting (4/18/06):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Gulley, seconded by Mr. Litton, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 through 9.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, May 24, 2006, beginning at 7:00 p.m., will take under
consideration this request.
16
06SN0174-MA Y24-BOS
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