06SN0272
September 27, 2006 BS
ADDENDUM
06SN0272
Persian Property, LLC
Clover Hill Magisterial District
Jacobs Elementary, Manchester Middle and Manchester High Schools Attendance Zones
.southeast quadrant of Hull Street and Astor Roads
REQUEST: Rezoning from Agricultural (A) to Residential Townhouse (R-TH) plus
Conditional Use Planned Development to permit exceptions to Ordinance
requirements.
PROPOSED LAND USE:
A residential townhouse subdivision having a maximum of twenty-four (24) lots
is planned, yielding a density of approximately 5.3 dwelling units per acre.
Exceptions are requested to the minimum project size and buffer widths required
in a Residential Townhouse (R- TH) District.
On September 27, 2006, the applicant submitted a revision to Proffered Condition 10 affecting
the cash proffer. The proposed change will revise the cash proffer so this case will only be
subject to future escalation. The proffered condition previously stated that in addition to future
escalation increases, the case would be subject to the recently approved 7.3 percent increase as
well. Staff recommends that this case should not be subject to the 7.3 percent escalation increase
adopted last month, but instead only be subject to future approved changes in escalation.
Staff continues to recommend approval of this request for reasons noted in the "Request
Analysis" .
(NOTE: THIS PROFFERED CONDITION WAS AMENDED SUBSEQUENT TO THE
ADVERTISEMENT OF THE CASE. THEREFORE, THE BOARD WOULD NEED TO
SUSPEND THE PROCEDURES TO CONSIDER THIS CHANGE.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITION
10. Cash Proffer: For each dwelling unit developed, the applicant, subdivider, or
assignee(s) shaH pay the following to the County of Chesterfield prior to the
issuance of a building permit for each dwelling unit for infrastructure
improvements within the service district for tbe Property:
a) $15,600 per dwelling unit if paid prior to July 1,2007; or
b) The amount approved by the Board of Supervisors not to exceed $15,600
per dwelling unit adjusted upward by any increase in the Marshall and
Swift Building Cost Index between July 1, 2006 and July 1 of the fiscal
year in which the payment is made if paid after June 30, 2007.
c) Cash proffer payments shall be spent for the purposes proffered or as
otherwise permitted by law.
d) Should Chesterfield County impose impact fees at any time during the
life of the development that are applicable to the Property, the amount
paid in cash proffers shall be in lieu of or credited toward, but not in
addition to, any impact fees, in a maImer as determined by the County.
(B&M)
2 06SN0272-i\DDENDUM-SEPT27 -CPC
~fa)r 16, 2006 CPC
July 18, 2006 CPC
~\ugust 15, 2006 CPC
September 27, 2006 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
06SN0272
Persian Property, LLC
Clover Hill Magisterial District
Jacobs Elementary, Manchester Middle and Manchester High Schools Attendance Zones
Southeast quadrant of Hull Street and Astor Roads
REQUEST: Rezoning from Agricultural (A) to Residential Townhouse (R- TH) plus
Conditional Use Planned Development to permit exceptions to Ordinance
requirements.
PROPOSED LAND USE:
A residential townhouse subdivision having a maximum of twenty-four (24) lots
is planned, yielding a density of approximately 5.3 dwelling units per acre.
Exceptions are requested to the minimum project size and buffer widths required
in a Residential Townhouse (R- TH) District.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF
THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 10.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land uses conform to the Route 360 Corridor Plan
which suggests the property is appropriate for mixed use corridor uses which
includes residential development of up to 6.0 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
Providing a FIRST CHOICE community through excellence in public service
! .
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
(ST AFF /CPC)
The Textual Statement dated May 2, 2006, shall be considered the Master
Plan.
PROFFERED CONDITIONS
(STAFF/epe)
(STAFF/epe)
1.
Utilities: Public water and wastewater systems shall be used. (U)
2.
Timbering: Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead or
diseased trees, there shall be no timbering on the Property until a
land disturbance permit has been obtained from the Environmental
Engineering Department and the approved devices installed. (EE)
(ST AFF/CPC)
3.
Storm Water retention: The developer will retain the 10 year post
development runoff on site and release at the 2 year
predevelopment rate. (EE)
(STAFF/epe)
4.
Buffers:
a) A forty-five (45) foot buffer shall be provided along the
southern project boundary, adjacent to Tax IDs 758-690-
5081 and 5886. This buffer shall comply with the
requirements of the Zoning Ordinance for fifty (50) foot
buffers.
b) All required buffers shall be located within recorded open
space.
c) Within the buffer adjacent to Hull Street Road, earthen
berms will be created with vegetation planted consistent
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06SN0272-SEPT27 -CPC
, 1 .
(ST AFF /CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(ST AFF /CPC)
(ST AFF /CPC)
1 '
5.
6.
with Zoning Ordinance requirements for Perimeter
Landscaping "C", Option 2.b. (P)
Site Lavout: Development of the property shall generally conform
to the Proposed Site Layout, prepared by Persian Property, LLC
and dated May 2, 2006 with respect to the relationship between the
lots, sidewalks and focal points. (P)
Planting: Street trees shall be provided along both sides of all
sidewalks within the development. (P)
7.
Focal Point: A minimum of 0.75 acres of the required open space
shall serve as a focal point as one enters the project. Part of this
area shall be hardscaped and have benches or other amenities that
accommodate and facilitate gatherings. The focal point shall be
developed concurrent with first phase of development. (P)
8.
Sidewalks: Sidewalks shall be provided along the front of all
units. Ornamental pedestrian scale lighting, not to exceed fourteen
(14) feet in height, shall be provided to illuminate the sidewalks.
(P)
9.
Densitv: A maximum of twenty-four (24) dwelling units shall be
permitted on the property. (P)
10.
Cash Proffer: For each dwelling unit developed, the applicant,
subdivider, or assignee(s) shall pay the following to the County of
Chesterfield prior to the issuance of a building permit for each
dwelling unit for infrastructure improvements within the service
district for the Property:
a) $15,600 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 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.
d) Should Chesterfield County impose impact fees at any time
during the life of the development that are applicable to the
Property, the amount paid in cash proffers shall be in lieu
of or credited toward, but not in addition to, any impact
fees, in a manner as determined by the County. (B&M)
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06SN0272-SEPT27 -CPC
(STAFF/CPC)
(ST AFF /CPC)
(STAFF /CPC)
(STAFF/CPC)
(STAFF/CPC)
(ST AFF /CPC)
(ST AFF /CPC)
11.
12.
13.
Dwelling size: The minimum gross floor area of each dwelling
unit shall be 1,200 square feet. (P)
Building Material: The facades of dwelling units shall be
constructed of brick, brick or stone veneer, split face block, wood,
vinyl or composition of such materials. All exposed portions of the
foundation of each dwelling unit shall be faced with brick or split
face block veneer. (P)
Garage: All garages shall be rear or side loaded. (P)
14.
Drivewav: All private driveways serving each dwelling unit shall
be hardscaped. The exact treatment shall be approved at the time of
tentative subdivision plan review. (P)
15.
Roadwav: All roads that accommodate general traffic circulation
through the development, as determined by the Transportation
Department, shall be designed and constructed to VDOT standards
and taken into the State System. (T)
16.
Access: No direct vehicular access shall be provided from the
property to Hull Street Road (Route 360). (T)
17.
The following restrictive covenants shall be recorded prior to or in
conjunction with the recordation of any subdivision plat for the
property:
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
Homeowner's Association.
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, to the extent permitted by law,
antenna, or similar device, or change in the exterior color or
building 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.
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06SN0272-SEPT27 -CPC
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 from
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 or
sidewalk line).
2. No fence or hedge shall generally be permitted
higher than 48 inches of any Lot.
3. No chain link fences or fences of other materials
similar in nature or appearance will be permitted on
any Lot.
E. 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
the initial construction and sales period.
F. 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.
G. No driveway, entranceway, or sidewalk shall be
constructed on any Lot unless approved as provided in
paragraph "B".
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06SN 0272-SEPT27 -CPC
H. 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.
I. No trees over six (6) inches in diameter shall be removed
from any Lot without the prior written approval of the
Declarant.
J. No portable air conditioner units shall be placed in any
window of a dwelling or other building if visible from a
public street.
K. 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.
L. 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 any Lot except in a
driveway.
M. 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.
N. Invalidation of anyone of the provIsions of these
restrictions by judgment, court order, or otherwise shall in
no way affect any of the other provisions which shall
remain in full force and effect.
o. 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.
P. Declarant shall have the full right and privilege to enforce
all restrictions and conditions contained herein by
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06SN0272-SEPT27 -CPC
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.
Q. 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. The
restrictive covenants shall not be changed for a period of
ten (10) years from the date of the issuance of the first
building permit. The covenants 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 anyone 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.
R. Declarant, as owner of all of the Property subjected to the
Declaration, shall, at such time as it is deems appropriate
but no later than such time as eighty-five percent (85%) of
the Lots are owned by persons other than the Declarant,
cause to be incorporated under the laws of the
Commonwealth of Virginia a non profit corporation to be
named "Longwood Town Homeowner's Association" or a
similar name (the "Association").
1. Declarant shall deed all common areas to the
Association. The Association shall be responsible
for the management, care and upkeep of all
common areas and shall maintain adequate casualty
and liability insurance on all common areas. In
addition, the Association shall also be responsible
for the care and upkeep of all residence building
exteriors, entrance porches, walkways, and roofs.
2. All Owners shall be members ("Members") of the
Association and shall be entitled to one (1) vote, per
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06SN0272-SEPT27 -CPC
t '
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.
3. 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. The
Association shall maintain adequate liability and
fiscal malfeasance insurance on all members of the
Board of Directors.
4. By the time of the Association's incorporation, the
Declarant shall provide an initial set of by-laws and
an initial set of covenants and guidelines for the fair
use of the development. This will include rules and
restrictions concerning issues of visual aesthetics,
nuisances, noise, pets, and uses of common areas.
The Board of Directors shall have the responsibility
to enforce these rules and restrictions by applying a
special assessment against the subject lot owner for
each offense. In addition, any cost accrued to the
Board of Directors in rectifying a violation of the
covenants will be reimbursed through a special
assessment against the subject lot owner.
5. Each year the Board of Directors shall prepare an
annual budget (the "Budget") containing an
itemization of the expenses which the Association
anticipates it will incur during the upcoming year to
fulfill its responsibilities hereunder. The Budget
shall contain contingencies of no less than 2% of
the current total budget for unforeseeable non-
capital expenses. 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.
The Annual Assessment will be collected in
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06SN0272-SEPT27 -CPC
1 .
monthly payments from all Owners in the manner
designated by the Board of Directors.
6. 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 Lots.
7. The Association shall maintain a capital reserve (the
"Capital Reserve") for the funding of capital
expenses in sufficient amounts as to meet the needs
of all exterior repairs and maintenance including
items such as painting, and roof replacement for all
structures within the development. The timetable
for painting shall not exceed 8 years and the
timetable for roof replacement shall not exceed the
manufacturer's specified life expectancy. The
initial funding of the Capital Reserve shall begin
with the occupancy permit received for the first
home and shall initially be based on the number of
homes in the first building unit along with all
common areas. The total Capital Reserve will
increase proportionally to cover all the homes in
each additional building unit once the first home of
each unit receives its occupancy permit. The
Capital Reserve will be collected in such a manner
as to reach full funding in no more than 5 years.
Thereafter, the Board of Director will maintain the
Capital Reserve in the Budget at no less than 95010
of it full funding.
8. 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, without limitation,
mortgages, deeds of trust, or any other lien hereafter
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06SN0272-SEPT27 -CPC
1 .
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 hound by the provisions of this
Declaration including, without limitation,
Assessments effective after said acquisition of title.
s. The Declarant hereby reserves the right, a Declarant's sole
discretion, to add any additional land to the property
subject to the Declaration of Protective Covenants. (P)
GENERAL INFORMATION
Location:
Southeast quadrant of Hull Street and Astor Roads. Tax ID 758-690-2095.
Existing Zoning:
A
Size:
4.5 acres
Existing Land Use:
Vacant
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06SN0272-SEPT27 -CPC
1 .
Adiacent Zoning and Land Use:
North - A and 0-2; Single family residential or vacant
South - A; Single family residential or vacant
East and West - A; Vacant
UTILITIES
Public Water System:
There is an existing twelve (12) inch water line extending along the northeast side of
Astor Road, adjacent to this site. In addition, a twenty-four (24) inch water line extends
along the north side of Hull Street Road, opposite this site. Use of the public water
system is intended and has been proffered. (Proffered Condition 1)
Public Wastewater System:
There is an existing eight (8) inch wastewater collector line along Lyndale Drive,
approximately 1465 feet southeast of this site. Use of the public wastewater system is
intended and has been proffered. (Proffered Condition 1)
ENVIRONMENT AL
Drainage and Erosion:
The subject property drains to the south through natural water courses to Falling Creek.
There are no known on-site drainage or erosion problems at this time. Approximately
one year ago, the property owners began clearing the property. The County requested
that the clearing cease and the area was stabilized. Since the property is partially
wooded, no additional timbering should take place until a land disturbance permit has
been obtained from the Department of Environmental Engineering. This will insure that
proper erosion control devices are in place. (Proffered Condition 2)
The property drains to the east to a channel that traverses the eastern corner of the
property. This channel then continues through Longwood Acres and Bedford
Subdivisions that were recorded in 1966 and 1972. Currently, flooding problems have
been experienced downstream and during severe storms, water has entered the
basements of two homes. It also appears that the pipes under the two downstream
roads within the subdivisions are inadequate. The developer has proffered to retain on
site the 10 year post development runoff and release it at a two year pre-development
runoff. (Proffered Condition 3)
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06SN0272-SEPT27 -CPC
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the Caoital ImDrovement Program.
Fire Service:
The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls
are expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6)
new fire/rescue stations are recommended for construction by 2022 in the Plan. In
addition to the six (6) new stations, the Plan also recommends the expansion of five (5)
existing stations. Based on twenty-six (26) dwelling units, this request will generate
approximately three (3) calls for fire and emergency medical service each year. The
applicant has addressed the impact on fire and EMS. (Proffered Condition 10)
Manchester Fire Station, Number 2, 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 thirteen (13) students, (Elementary: 6, Middle: 3, and High: 4), will be
generated by this development. Currently, this site lies in the Jacobs Elementary School
attendance zone: capacity - 733, enrollment - 633; Manchester Middle School zone:
capacity - 1,3 19, enrollment - 1,509; and Manchester High School zone: capacity - 1,941,
enrollment - 2,467. This property will be in the Clover Hill High School zone for 2006-
2007. The enrollment is based on September 30, 2005 and the capacity is as of 2005-
2006. This request will have an impact on the secondary schools. There are currently
sixteen (16) trailers at Manchester Middle and seventeen (1 7) trailers at Manchester
High.
A new middle school is in the current Capital Improvement Program 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 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, especially at the secondary level.
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 10)
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
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06SN0272-SEPT27 -CPC
Facilities Plan identifies a need for additional library space throughout the County.
Development of the property would most likely affect the existing La Prade Library. The
applicant has addressed the impact of the development on library facilities. (Proffered
Condition 10)
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 10)
Transportation:
The property (4.5 acres) is currently zoned Agricultural (A), and the applicant is
requesting rezoning to Residential Townhouse (R- TH). The applicant has proffered a
maximum density of twenty-four (24) units (Proffered Condition 9). Based on townhouse
trip rates, development could generate approximately 200 average daily trips. These
vehicles will be initially distributed along Astor Road to Hull Street Road (Route 360),
which had a 2003 traffic count of 51,71 7 vehicles per day. Route 360 between
Courthouse Road and Walmsley Boulevard is a six-lane divided facility, and its capacity
is acceptable (Level of Service D) for the volume of traffic it carries.
The Thoroughfare Plan identifies Route 360 as a major arterial. The applicant has
proffered that no direct vehicular access will be provided from the property to Route 360
(Proffered Condition 16). Access to Route 360 will be provided via Astor Road.
The property will be developed as a townhouse project. Staff recommends that all of the
main streets in these types of developments be accepted into the State Highway System.
Having these streets accepted into the State Highway System will insure their long-term
maintenance. The applicant has proffered that all of the streets that will accommodate
general traffic circulation, will be designed and constructed to State (i.e., the Virginia
Department of Transportation) standards and taken into the State System. (Proffered
Condition 15)
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 10). As
development continues in this part of the county, traffic volumes on area roads will
substantially increase. Cash proffers alone will not cover the cost of the improvements
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06SN0272-SEPT27 -CPC
t .
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.
Financial Imoact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 24* 1.00
Population Increase 65.28 2.72
Number of New Students
Elementary 5.59 0.23
Middle 3.12 0.13
High 4.06 0.17
TOTAL 12.77 0.53
Net Cost for Schools 128,352 5,348
Net Cost for Parks 14,496 604
Net Cost for Libraries 8,376 349
Net Cost for Fire Stations 9,720 405
Average Net Cost for Roads 214,608 8,942
TOT AL NET COST $375,552 $15,648
*Based on a proffered maximum of twenty-four (24) dwelling units (Proffered Condition 9).
Actual number of dwelling units 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 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 10)
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 Route 360 Corridor Plan which suggests the property is
appropriate for a mixture of uses to include residential of up to six (6) dwelling units per
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06SN0272-SEPT27 -CPC
I .
acre; office/warehouse uses; churches; and other public facilities with similar impacts.
Further, the Plan suggests that residential developments should incorporate high quality
architectural features and site amenities, to include cluster designs to maintain open
space.
Area DeveloDment Trends:
Surrounding properties are zoned Agricultural (A) and Corporate Office (0-2) and are
occupied by single family residences or are currently vacant. It is anticipated that area
development and redevelopment would provide for a mix of higher density residential
and office uses consistent with the recommendations of the Plan.
Density'l Dwelling Size and Architectural Treatment:
The Ordinance requires a minimum project size of ten (10) acres in a Residential
Townhouse (R-TH) District. An exception is requested to permit a minimum project size
of 4.5 acres (Condition and Textual Statement 1). Proffered Condition 9 limits the
number of lots to twenty-four (24), yielding a density of approximately 5.3 dwelling units
per acre.
At the request of area residents, other standards include minimum house sizes and
architectural treatment. (Proffered Conditions 11 and 12)
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. The proposed Site Layout Plan identifies the general loeational relationships
between the proposed lots, focal point and sidewalks (Proffered Condition 5). Proffered
standards include hardscaped driveways, sidewalks lined with street trees, focal point and
rear or side loaded garages. (Proffered Conditions 6, 7, 8, 13 and 14)
Lighting:
At the request of the Clover Hill Commissioner, Proffered Condition 8 provides for
ornamental pedestrian scale lighting within the development.
Buffers:
The Zoning Ordinance requires buffers adjacent to the western and part of the southern
project boundaries. The Subdivision Ordinance requires buffers along Hull Street and
Astor Roadsa Proffers require that these buffers be provided in open space (Proffered
Condition 4.b). Further, the proffers address the treatment of the buffer. (Proffered
Condition 4.c.)
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06SN 0272-SEPT27 -CPC
1 .
Two (2) parcels located along the southern boundary of the property are zoned
Agricultural (A) and are currently vacant (8300 and 8308 Luton Road). The Plan
suggests that these properties are appropriate for residential development. As such, the
Zoning Ordinance requires a fifty (50) foot buffer adjacent to these two (2) parcels. The
applicant has requested a five (5) foot reduction in this buffer width to forty-five (45) feet
(Textual Statement 2). The remaining parcels adjacent to the southern boundary of the
property are zoned A, but are currently occupied by dwellings. As such, the Ordinance
would not require the provision of a buffer adjacent to these developed parcels. The
applicant has proffered the provision of a forty-five (45) foot wide buffer adjacent to
these parcels, consistent with the proposed buffer adjacent to the aforementioned adjacent
vacant parcels. (Proffered Condition 4.a)
Restrictive Covenants:
The applicant has agreed to record restrictive covenants (Proffered Condition 1 7). 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.
CONCLUSIONS
The proposed zoning and land uses conform to the Route 360 Corridor Plan which suggests the
property is appropriate for mixed use corridor uses to include residential uses of up to 6.0
dwelling units per acre; office/warehouse uses; churches; and other public facilities with similar
impacts. Further, the Plan suggests that residential developments should incorporate high quality
architectural features and site amenities, to include cluster designs to maintain open space.
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 Cavital 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
Planning Commission Meeting (5/16/06):
At the request of the applicant, the Commission deferred this case to July 18, 2006.
16
06SN0272-SEPT27 -CPC
1 .
Staff (5/17/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than May 22, 2006, for consideration at the Commission's
July 18, 2006, public hearing.
Also, the applicant was advised that a $250.00 deferral fee must be paid prior to the
Commission's public hearing.
Staff (6/28/06):
To date, the deferral fee has not been paid. No new information has been submitted.
Applicant (7/5/06):
The deferral fee was paid.
Planning Commission Meeting (7/18/06):
On their own motion, the Commission deferred this case to August 15, 2006.
Staff (7/19/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than July 24, 2006, for consideration at the Commission's
August 15, 2006, public hearing.
Applicant, Staff and Area Property Owners (7/25/06):
A meeting was held to discuss the proposaL Concerns were expressed relative to the
buffer treatment along Hull Street Road, density and restrictive covenants.
Applicant (8/15/06):
In response to concerns expressed at the July 25, 2006, meeting, revised proffered
conditions were submitted.
17
06SN0272-SEPT27 -CPC
1 '
Planning Commission Meeting (8/15/06):
The applicant accepted the recommendation. There was opposition present indicating
that not all area neighborhoods were represented during the negotiations. Concerns were
also expressed that the units in the project may be occupied by renters versus owners.
Mr. Gulley indicated that the applicants had worked diligently with the Route 360
Corridor Committee which has representatives from various neighborhoods. He
indicated that there are no legal means to preclude rental of dwelling units. He stated the
proffered conditions will insure a quality project.
On motion of Mr. Gulley, seconded by Mr. Bass, the Commission recommended
approval subject to the condition and acceptance of the proffered conditions on pages
through 10.
AYES: Messrs. Wilson, Gecker, Bass, Gulley and Litton.
The Board of Supervisors, on Wednesday, September 27, 2006, beginning at 7:00 p.m., will take
under consideration this request.
18
06SN0272-SEPT27 -CPC
IiXTUAL .5T A TEMENT
1. Minimum Acreaae: The townhouse development shall be permitted on 4.5 acres.
2. Suffer. The minimum buffer width adjacent to Tax IDs 758-690-2359, 3065 and 4073 shall
be forty-fiv~ (45) fA~t Sueh buffers shall comp'y with the requirements of the Zoning
Ordinance for fifty (50) foot buffers.
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