07SN0201
January 16, 2007 CPC
February 28, 2007 BS
~:~
~5
~t{~~lW
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
07SN0201
Matthew J. Hamilton, Jr.
Matoaca Magisterial District
Ettrick Elementary; Matoaca Middle; and Matoaca High Schools Attendance Zones
Off the north line of Hickory Road
REQUEST: Rezoning from Agricultural (A) to Residential (R-88).
PROPOSED LAND USE:
A seventeen (17) lot single family residential subdivision, yielding a density of
approximately 0.25 dwelling unit per acre, is planned. (Proffered Condition 2)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 6.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The request complies with the Southern and Western Area Plan which suggests the
property is appropriate for residential use of 1 to 5 acre lots, suited for Residential
(R-88) zoning.
B. The proposed zoning and land use are representative of existing and anticipated area
residential development.
C. The proffered conditions adequately address the impact of this development on
necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive
Providing a FIRST CHOICE community through excellence in public service
Plan. Specifically, the need for transportation, schools, parks, libraries and fire
stations is identified in the County's adopted Public Facilities Plan, Thoroughfare
Plan and Capital Improvement Program and the impact of this development is
discussed herein. The proffered conditions mitigate the impact on capital facilities,
thereby ensuring that adequate service levels are maintained as necessary to protect
the health, safety and welfare of County citizens.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE
PROPERTY OWNER MA Y PROFFER OTHER 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
(ST AFF/CPC)
(ST AFF /CPC)
(ST AFF/CPC)
(ST AFF/CPC)
(STAFFICPC)
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 per dwelling unit, if paid prior to July 1, 2007; or 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.
b. Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law. (B&M)
2.
The maximum density of this development shall not exceed
seventeen (17) lots. (P)
3.
Manufactured homes shall not be permitted. (P)
4.
The minimum gross floor area for one story dwelling units shall be
1800 square feet and dwelling units with more than one story shall
have a minimum gross floor area of 2000 square feet. (P)
5.
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)
2
07SN0201-FEB28-BOS
(ST AFF /CPC)
(ST AFF /CPC)
6.
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)
7.
At a minimum the following restrictive covenants shall be recorded in
conjunction with the recordation of any subdivision plat:
a. No lots shall be used except for single-family residential
purposes. No building shall be erected, altered, placed or
permitted to remain on any lot other than one detached single-
family dwelling not to exceed three stories in height and one
private garage.
b. Only one residence shall be erected or placed on a single lot,
and no lot shall, after its original conveyance, be subdivided
into smaller lots or parcels. No structure of a temporary
character, trailer, basement, tent, shack, garage, barn, or other
outbuilding shall be used on any lot at any time as a residence
either temporarily or permanently.
c. No noxious or offensive activity shall be carried on upon any
lot, nor shall anything be done thereof which may become an
annoyance or nuisance to the neighborhood.
d. No lot shall be used or maintained as a dumping ground for
rubbish, trash, garbage, or other waste. Nor shall any of the
above be kept on any lot except in sanitary containers.
e. No animals, livestock, or poultry of any kind, shall be raised,
bred, or kept on any lot except that dogs, cats, or other
household pets may be kept therein if they are not kept, bred,
or maintained for any commercial purpose, and in accordance
with the applicable ordinances.
f. No sign of any kind shall be displayed to the public view on
any lot except one sign of not more than six square feet
advertising the property for sale or rent, unless approved by
the Architectural Control Committee in writing.
g. All property shall be maintained free of tall grass,
undergrowth, dead trees, weeds, and trash, and generally free
of any condition that would decrease the attractiveness of the
property.
3
07SN0201- FEB28-BOS
h. No trailer having a height of five feet or more shall be parked
over 12 hours in anyone week on any property or driveway so
as to be visible from the street. No motor vehicle shall be
parked over 12 hours in anyone week on any property
without having a current Virginia State license tag, unless
such vehicle is parked in an enclosed garage.
1. The exterior of all houses and other structures must be
completed within one year after the construction of same shall
have commenced, except where such completion is
impossible or would result in great hardship to the owner or
builder due to strikes, fires, national emergency or natural
calamities. Houses may not be temporarily or permanently
occupied until the exteriors thereof have been completed.
During the continuance of construction, the owner of the
parcel shall require the contractor to maintain the lot in a
reasonably clean and uncluttered condition.
J. An Architectural Control Committee (herein called
"Committee") originally composed of Matthew J. Hamilton
and Tammy D. Hamilton is hereby established. Either
member of the Committee may act on behalf of the
Committee without holding a meeting of the full Committee
or giving notice to the other members. The Committee
together with the written consent of the property owners may
amend, modify, or waive, in writing any of the restrictions.
The members of the Committee shall receive no
compensation. At any time, the then recorded owners of
eighty percent of the property shall have the power through a
duly recorded written instrument to change membership of the
Committee or to withdraw from the membership of the
Committee or to restore any of its powers and duties.
k. No improvement shall be erected, placed or altered on any lot
until the construction plan thereof, and a plan showing the
location of the said improvements shall be submitted to and
approved by the Architectural Control Committee. No
construction on said improvements shall commence until the
said plans and location of said improvements shall have been
approved by the Committee in writing. The Committee
reserves the right to request such information and data; such
as, quality of workmanship and materials, type of
construction, harmony of exterior design with existing
structures and location with respect to topography and
4
07SN0201- FEB28- BOS
finished grade elevation, as may be necessary to make said
determination. Prior to the commencement of any
improvements, written approval may be withdrawn at any
time by the Committee by giving written notice to said party
of its withdrawal of said approval. The Committee approval
as required above shall be in writing and, in the absence of
such written approval, construction plans and location plans
shall be considered as disapproved. The building location on
all lots shall be within the applicable county zoning
ordinance, and at the discretion of the Committee.
1. Approval by the Committee shall not constitute a basis for
liability of the member or members of the Committee, the
Committee or the owner for any reason including without
limitation; (i) failure of the plans to conform to any applicable
building code; or (ii) inadequacy or deficiency in the plans
resulting in defects in the improvements.
m. The ground floor area of any single-family residence erected
on any of the lots shall not be less than 1,800 square feet for a
single-story residence, not less than 2,000 square feet for any
one and one-half story or two story residence. Attached
covered porches, covered stoops, breezeways, and garage
shall not be included in computing said square footage.
n. The foundation of all single-family residences on any lot shall
be faced with brick or stone veneer. Exposed piers supporting
front porches shall be faced with brick or stone veneer.
o. All single-family residences shall conform to a Colonial or
Traditional Architectural style. No prefabricated single-
family residences shall be erected on any lot.
p. No fences shall be permitted between the single-family
residences and the street line. Split-rail fences or other
wooden fences may be built between the rear of the house and
the rear lot line. The split-rail fence may be backed with wire
to provide animal retention.
q. Easements for installation and maintenance of utilities and
drainage are reserved as shown on the said subdivision plat.
r. Except as otherwise provided by applicable law and unless
approved by the Committee, no antenna, aerial, or device
shall be erected or placed on any property, house, or garage,
5
07SN0201-FEB28-BOS
or other outbuilding other than the normal antennas, aerial or
device necessary to facilitate the reception of television
signals, and/or radio signals, normally incident to the radio
and television receivers normally used in the home. Satellite
dish type television antennas are specifically prohibited unless
specifically approved in writing by the Committee and as
otherwise provided by applicable law. (P)
s. Each and every covenant, condition, and easement herein
imposed may be enforced by the undersigned or by the owner
of any lot by appropriate proceedings at law or in equity
against any party violating or attempting or threatening to
violate the same.
t. Manufactured Homes shall not be permitted. (P)
GENERAL INFORMATION
Location:
Off the north line of Hickory Road, east of River Road. Tax ID 757-625-Part of 4630 (Sheet
40).
Existing Zoning:
A
Size:
68.1 acres
Existing Land Use:
Vacant
Adiacent Zoning and Land Use:
North - R-88; Single family residential or vacant
South and East - A; Single family residential or vacant
West - A and R-88; Single family residential or vacant
6
07SN0201- FEB28- BOS
UTILITIES
Public Water System:
There is an existing sixteen (16) inch water line extending along the east side of River Road
approximately 3,300 feet west of the request site. Extension of the public water system is
proposed in conjunction with the adjacent Wispering Wind development. Tentative plans by
Balzer and Associates, Inc., dated February 2, 2006, propose extending a twelve (12) inch water
line from River Road internal to that development with an eight (8) inch water line planned to
terminate adjacent to the northwest boundary of this site. Use of public water is required by
County Code.
Public Wastewater System:
The public wastewater system is not available to serve this site. The site is within the area
designated by the Southern and Western Area Plan of anticipated R -88 zoning where the use
of private septic systems is permitted.
Private Septic System:
Private septic systems are intended to serve individual dwelling units. Prior to subdivision
recordation, soils analysis for each lot must be submitted to the Health Department for
review and approval.
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the east through tributaries to Swift Creek. There are currently
no on- or off-site drainage or erosion problems and none are anticipated after development.
The property is wooded and should not be timbered without first obtaining a land disturbance
permit from Environmental Engineering and the appropriate devices installed (Proffered
Condition 6). This will insure that adequate erosion control measures are in place prior to
any land disturbance.
Water Oualitv:
Although the perennial stream designation ends at the approximate eastern property line, the
other creeks that continue onto the property may be subject to a 100 foot conservation area.
7
07SN0201- FEB28- 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. This development will
have an impact on these facilities.
Fire Service:
The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls are
expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6) new
fire/rescue stations are recommended for construction by 2022 in the Plan. In addition to the
six (6) new stations, the Plan also recommends the expansion of five (5) existing stations.
Based on seventeen (17) dwelling units, this request will generate approximately four (4) call
for fire and emergency medical service each year. The applicant has addressed the impact on
fire and EMS. (Proffered Condition 1)
The Phillips Fire Station, Company Number 13, and Ettrick MatoacaRescue 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 nine (9) (Elementary: 4, Middle: 2, and High: 3) students will be generated
by this development. Currently, this site lies in the Ettrick Elementary School attendance
zone: capacity - 615, enrollment - 509; Matoaca Middle School zone: capacity - 1,436,
enrollment - 1,058; and Matoaca IIigh School zone: capacity - 1,594, enrollment - 1,681.
The enrollment is based on September 30, 2006 and the capacity is as of 2005-2006. This
request will have an impact on schools. There is currently one (1) trailer at Ettrick
Elementary and four (4) at Matoaca Middle.
This case combined with other residential developments and zoning cases in the area, will
continue to push these schools over capacity, necessitating some form of relief in the future.
The applicant has offered measures to 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 of
the request property would most likely affect the Ettrick-Matoaca Library. The Plan
identifies a need for additional library space in the Ettrick-Matoaca area. The applicant has
8
07SN0201-FEB28-BOS
offered measures to assist in addressing the impact 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 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 also identifies shortfalls in trails and recreational historic
sites.
The applicant has offered measures to assist in addressing the impact of this proposed
development on these Parks and Recreation facilities. (Proffered Condition 1)
Transportation:
The property (68.1 acres) is currently zoned Agricultural (A), and the applicant is requesting
rezoning to Residential (R-88). The applicant has proffered a maximum density of seventeen
(17) lots (Proffered Condition 2). Based on single-family trip rates, development could
generate approximately 210 average daily trips. A tentative subdivision plat (Whispering
Wind) has been submitted on the adjacent property to the west, which shows a stub road right
of way to the subject property. Traffic generated by development of the subject property is
anticipated to access through the proposed Whispering Wind Subdivision to River Road,
which had a 2004 traffic count of 3,260 vehicles per day (VPD).
The traffic impact of this development must be addressed. Area roads need to be improved to
address safety and accommodate the increase in traffic generated by this development. River
Road will be directly impacted by development of this property. Sections of River Road,
between Nash Road and Hickory Road, have twenty-two (22) foot wide pavement with one
(1) foot wide shoulders. The capacity of that section of River Road is acceptable (Level of
Service C) for the volume of traffic it currently carries (3,260 VPD).
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). As development continues in this part of the County, traffic volumes on area
roads will substantially increase. Cash proffers alone will not cover the cost of the
improvements needed to accommodate the traffic increases. No road improvement projects
in this part of the county are included in the Six - Year Improvement Plan.
At time of tentative subdivision review, specific recommendations will be provided
regarding the internal street network and providing stub road rights-of-way to adjacent
properties.
9
07SN0201- FEB28- BC)S
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 17* 1.00
Population Increase 46.24 2.72
Number of New Students
Elementary 3.96 0.23
Middle 2.21 0.13
High 2.87 0.17
TOTAL 9.04 0.53
Net Cost for Schools 90,916 5~348
Net Cost for Parks 10,268 604
Net Cost for Libraries 5,933 349
Net Cost for Fire Stations 6,885 405
A verage Net Cost for Roads 152,014 8,942
TOT AL NET COST 266,016 15,648
* Based on a proffered maximum number of lots. (Proffered Condition 2) Actual number of lots and
corresponding impact may vary.
As noted, this proposed development will have an impact on capital facilities. Staffhas 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 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 use of 1 to 5 acre lots, suited for Residential (R-88)
zonIng.
10
07SN0201-FEB28-BOS
Area Development Trends:
Properties to the south and west are zoned Agricultural (A) and are occupied by residential
uses on acreage parcels or are vacant. Properties to the north and west are zoned Residential
(R-88) and being developed as a single family subdivision known as Whispering Wind. It is
anticipated that larger-lot residential development will continue in the area, as recommended
by the Plan.
Site Design:
It is anticipated that this property will be developed initially with access through the adjacent
R-88 parcel (Whispering Wind). That property was zoned to permit a maxium of 100 lots. It
should be noted that adjacent zoning case requires a fifteen (15) foot tree preservation strip
adjacent to the request property. Uses within this area are limited. The proffers offered on
this case are similar to those offered on the adjacent R-88 zoning.
Density and Lot Sizes:
Proffered Condition 2 limits development to a maximum of seventeen (17) lots, yielding a
density of approximately 0.25 dwelling units per acre.
The Residential (R-88) District requires that each lot contain a minimum of 88,000 square
feet, except the minimum area for lots which do not front on a major arterial may be reduced
to 65,340 square feet when either public water or public sewer are provided. The Residential
(R-88) District standards provide a calculation to derive the number of reduced-size lots that
would be permitted. The subdivision layout and design, including the minimum lot areas and
any open spacelbonus lot calculations, are reviewed during the subdivision process.
Use Limitations:
Proffered Condition 3 certain manufactured homes. The Ordinance also precludes
manufactured homes in certain residential zoning districts. The proffered condition has been
offered in anticipation of a potential State Law change which may require localities to allow
manufactured homes in residential districts. If the State Law is amended, depending upon
the adopted language, this proffered condition may not be enforceable in the future.
House Size and Architectural Treatment:
Proffered conditions address minimum house size and foundation treatment. (Proffered
Conditions 4 and 5)
11
07SN0201- FEB28- BOS
Restrictive Covenants:
Proffered Condition 7 requires restrictive covenants to be recorded in conjunction with the
recordation of any subdivision plat. Included in these restrictive covenants is a provision that
prohibits manufactured homes. As previously noted, the Ordinance currently precludes
manufactured homes in residential zoning districts.
The County will only insure the recordation of the covenants and will not be responsible for
their enforcement. Once the covenants are recorded, they can be changed.
CONCLUSIONS
The request complies with the Southern and Western Area Plan which suggests the property is
appropriate for residential use of 1 to 5 acre lots, suited for Residential (R-88) zoning. In addition,
the proposed zoning and land use are representative of existing and anticipated area development.
The proffered conditions adequately address the impact of this development on necessary capital
facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the need for
transportation, schools, parks, libraries and fire stations is identified in the County's adopted Public
Facilities Plan, Thoroughfare Plan and Capital Improvement Program and the impact of this
development is discussed herein. The proffered conditions mitigate the impact on capital 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 (1/16/07):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended approval
and acceptance of the proffered conditions on pages 2 through 6.
AYES: Messers. Gecker, Gulley, Bass, Litton and Wilson
The Board of Supervisors, on Wednesday, February 28, 2007, beginning at 6:30p.m., will take under
consideration this request.
12
07SN0201- FEB28- BOS
(
~
cq:
~
"
::I
/
7
cq:
I'
')
\)
co
CO
.
0::
o
I-
~c(
N ..
aN
z&
UJ
t--~
a@
~
+-'
Q)
Q)
u..
o
o
o
~
o
o
o
o
~