01SN0189-Feb27.pdf STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
T,,1.~ I "/ '~('~1 t~Dt~
~+~1~ I ~ '3Ftthl /~O~'~
x~ ..... ~ ~n 200! CPC
Febm~ 27, 2002 BS
01SN0189
(Amended)
Douglas R. Sowers
Matoaca Magisterial District
East line of Otterdale Road, north of Genito Road
REQUEST:
Various amendments to Conditional Use Planned Development (Case 88S008), plus
relief to street access requirements for more than 100 lots. (See the following for
details of the requested amendments.)
PROPOSED LAND USE:
This property is part of the original Greenspring mixed use development which
contained approximately 1,313 acres. The applicant wishes to proceed with
developing the subject property, consisting of 282 acres, independent of other
portions of the original Greenspring project and amend specific requirements of the
original Greenspring rezoning. These amendments, which would apply to the subject
282 acres only, are as follows:
AMENDMENT I (Applicant's Amendments 1, 2, 3 and 4)
Amendment to Condition 1 of Case 88S008 to modify the approved Textual Statement to
reflect the requested amendments outlined herein and substitute a new Conceptual Master
Plan for the approved Conceptual Master Plan. The requirement to conform to the
Conceptual Site Development Plan (see attached) would be deleted. This amendment would
allow the request property to be developed as a separate project from that portion of the
remaining acreage originally-zoned and not included in this request.
With respect to land uses, the amended Master Plan deletes a golf course. The requirement
to restore the "Tomahawk" and the "Ellett Hancock" structures would be deleted.
Providing a FIRST CHOICE Community Through Excellence in Public Service
SYNOPSIS OF STAFF'S AND
PLANNING COMMISSION'S RECOMMENDATIONS
RECOMMEND APPROVAL OF AMENDMENTS I THROUGH IV AND VII WITH
IMPOSITION OF CONDITIONS 1 THROUGH 5 AND ACCEPTANCE OF PROFFERED
CONDITIONS 1,2 AND 5 THROUGH 9. THE COMMISSION RECOMMENDED DENIAL OF
AMENDMENTS V AND VI RELATIVE TO ROAD IMPROVEMENTS AND STREET ACCESS
REQUIREMENTS. SINCE THE COMMISSION'S CONSIDERATION OF THIS CASE,
PROFFERED CONDITION 10 HAS BEEN SUBMITTED AND STAFF RECOMMENDS ITS
ACCEPTANCE.
PLANNING COMMISSION RECOMMENDATION (AMENDMENT I)
RECOMMEND APPROVAL OF AMENDMENT I SUBJECT TO CONDITIONS 1 THROUGH 4
ON PAGES 2 AND 3.
STAFF RECOMMENDATION (AMENDMENT I)
Recommend approval of Amendment I for the following masons:
Conditions of zoning approval for Case 88S008 plus the conditions stated herein
insure land use compatibility and transition between uses developed on the request
property and between uses developed on the request property and existing and
anticipated area development.
Bo
The Tomahawk structure has been destroyed by fire. The Preservation Committee
determined that the Ellett Hancock structure cannot be feasibly restored due to
extensive deterioration.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER 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.)
CONDITIONS
(STAFF/CPC) 1.
The Textual Statement, titled Greenspring: Conditional Use and
Zoning Application, revised April 1, 1988, including the"Residential
Site Development Criteria" table, Exhibit IV and the conditions of
zoning for Case 88S008 and the Conceptual Master Plan, prepared by
Timmons, dated April 19, 2001, shall be the Master Plan for the
2 01SN0189-FEB27-BOS
subject property, except as stated herein. And further, provided that
the subject property shall be permitted to be considered as a separate
project from the remaining portion of that land area covered under
Case 88S008. (P)
(Note: This condition supersedes Condition 1 of Case 88S008 for the
request property only.)
(STAFF/CPC) 2.
All references and requirements relating to golf in the Textual
Statement and conditions of zoning for Case 88S008 shall be deleted.
(P)
(STAFF/CPC) 3.
The requirement to restore the Tomahawk and Ellett Hancock
structures shall be deleted. (P)
(STAFF/CPC) 4.
All references and requirements relating to the plan entitled
"Conceptual Site Development Plan - Greenspring - Chesterfield
County, Virginia" in the Textual Statement and conditions of zoning
for Case 88S008 shall be deleted. (P)
AMENDMENT II (Applicant's Request 9)
Amendment to Condition 14 of Case 88S008 to clarify the manner in which the on-site water
line distribution system will be looped with future area water line extensions. This
amendment is discussed in the Utilities section of this "Request Analysis".
PLANNING COMMISSION RECOMMENDATION (AMENDMENT II)
RECOMMEND APPROVAL OF AMENDMENT II AND ACCEPTANCE OF PROFFERED
CONDITIONS 5 AND 6 ON PAGES 3 AND 4.
STAFF RECOMMENDATION (AMENDMENT II)
Recommend approval of Amendment II for the following reason:
The requested modification will clarify the manner in which the on-site water line is looped
with future area water line extensions.
PROFFERED CONDITIONS
(STAFF/CPC) 5.
Water. In lieu of a water line connection to the Queensmill West
development, the developer shall extend a sixteen (16) inch water line
adjacent to the proposed extension of Woolridge Road from the
3 01 SN0189-FEB27-BOS
southem boundary to the northern boundary of the request site. In
addition, the developer shall extend an appropriately sized water line
to the northwestern boundary of the request site to allow for a future
loop connection to a future water line along Otterdale Road. The
Utilities Department shall approve the size of this extension. (U)
(STAFF/CPC) 6.
Water and Wastewater Plan. The required overall Water and
Wastewater Systems Overall Plan for this development shall be
submitted to the Utilities Department for review and approval at least
thirty (30) days prior to the initial submission of any tentative, site, or
schematic plan. This shall be accompanied by a Phasing Plan which
will establish a schedule for extensions of the required water and
wastewater lines incrementally with each phase of development. (U)
AMENDMENT III (Applicant's Request 7)
Deletion of Conditions 7, 9, 11 and 20 of Case 88S008 relative to the design of a lake
(Condition 7); submission of an overall erosion and sediment control plan (Condition 9);
submission of soil studies prior to construction (Condition 11); and measures designed to
protect the water quality of Swift Creek Reservoir (Condition 20). These amendments are
discussed in the Environmental section of this "Request Analysis."
PLANNING COMMISSION RECOMMENDATION (AMENDMENT lid
RECOMMEND APPROVAL OF AMENDMENT III SUBJECT TO CONDITION 5 AND
ACCEPTANCE OF PROFFERED CONDITIONS 1 AND 2 ON PAGE 5.
STAFF RECOMMENDATION (AMENDMENT III)
Recommend approval of Amendment III for the following reasons:
mo
Regulations relative to the design of lakes are part of the County's recently adopted
Upper Swift Creek Stormwater Management Plan. Therefore, deletion of Condition
7 of Case 88S008 is acceptable.
Erosion and sediment control plans must be submitted in accordance with County
requirements. Therefore, deletion of Condition 9 of Case 88S008 is acceptable.
Current County regulations require submission of soils analysis prior to construction
on the request property. Therefore, deletion of Condition 11 of Case 88S008 is
acceptable.
4 01SN0189-FEB27-BOS
Since approval of the original zoning, regulations regarding the protection of the
water quality of Swift Creek Reservoir have been adopted. Current State and County
regulations address water quality issues and insure protection of Swift Creek
Reservoir. Therefore, deletion of Condition 20 of Case 88S008 is acceptable.
CONDITION
(STAFF/CPC) 5.
The requirements of Conditions 7, 9, 11 and 20 of Case 88S008 shall
be deleted. (EE)
PROFFERED CONDITIONS
(STAFF/CPC) 1.
Timbering. With the exception of timbering which has been
approved by the Virginia State Department of Forestry for the
purpose of removing dead or diseased trees, there shall be no
timbering until a land disturbance permit has been obtained from the
Environmental Engineering Department and the approved devices
have been installed. (EE)
(STAFF/CPC) 2.
Stormwater. End-of-pipe treatments shall be provided as necessary
and as approved by Environmental Engineering. (EE)
AMENDMENT IV (Applicant's Request 8)
Deletion of Condition 30 requiring the dedication of sixty-five (65) acres and the reservation
for purchase of thirty-five (35) acres for public use. This amendment is discussed in the
Fiscal Impact Section of this "Request Analysis."
PLANNING COMMISSION RECOMMENDATION (AMENDMENT W)
RECOMMEND APPROVAL OF AMENDMENT IV AND ACCEPTANCE OF PROFFERED
CONDITION 8 ON PAGE 6.
STAFF RECOMMENDATION (AMENDMENT IV)
Recommend approval of Amendment IV for the following reason:
The applicant has addressed the impact of this development on capital facilities, as discussed
herein.
5 01SN0189-FEB27-BOS
PROFFERED CONDITION
(STAFF/CPC)
8. Cash Proffer
Prior to the time of issuance of a building permit for each of
the first 300 dwelling units, the applicant, subdivider, or its
assignee, shall pay to the County of Chesterfield the following
amounts for infrastructure improvements for schools within
the service district for the Property:
the amount approved by the Board of Supervisors, but
not to exceed $463 per dwelling unit as adjusted
upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 2000 and July 1
of the fiscal year in which the payment is made;
b)
If any of the cash proffers are not expended for the purposes
designated by the Capital Improvement Program within
fifteen (15) years from the date of payment, they shall be
returned in full to the payor. 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 be in addition to, any impact fees, in a manner determined
by the County. (B & M)
AMENDMENTS V and VI (Applicant's Requests 5, 6 and 10)
go
Amendment to sections of the approved Textual Statement for Case 88S008 relative
to access and road improvements are requested. Specifically, the following
amendments are requested: deletion of requirements to: (1) dedication of right of way
for Genito Road, Otterdale Road and Powhite Parkway; (2) construct four (4) lanes
for sections of Powhite Parkway Extended; (3) construct four (4) lanes of Woolridge
Road Extended and the Collector Loop Road, if necessary; (4) provide ditch and
shoulder improvements along Genito and Otterdale Roads; (5) construct left and right
mm lanes along Otterdale Road, Genito Road and Powhite Parkway Extended, if
required; (6) provide for full cost of signalization of access onto Otterdale Road,
Genito Road and Powhite Parkway Extended, if warranted; (7) two (2) lanes of
pavement for Powhite Parkway Extended and two (2) lanes of Woolridge Road
Extended across adjacent property (Tax ID 719-694-5885); (8) provide a traffic
analysis; (9) provide a phasing plan for these required improvements; and (10)
provide initial access to the development from Powhite Parkway Extended/Old
6 01SN0189-FEB27-BOS
Hundred Road. These amendments are discussed in the Transportation section of
this "Request Analysis."
VI. Relief to street access requirements.
PLANNING COMMISSION RECOMMENDATION (AMENDMENT V AND VI)
RECOMMEND DENIAL OF AMENDMENTS V AND VI AND THAT PROFFERED
CONDITIONS 3 AND 4 NOT BE ACCEPTED.
STAFF RECOMMENDATION (AMENDMENTS V and VI)
Recommend denial of Amendment V for the following reasons:
mo
Proffered conditions will not adequately address the traffic impact of this request on
area roads and are not consistent with the commitments made for transportation
improvements in the original Greenspring zoning case.
Approval of this request would set a precedent for relief to the remaining road
improvements required by Case 88S008.
Recommend denial of Amendment VI for the following reason:
Without provision of a second access, the accessibility to and from the development in an
emergency situation, should access be blocked, will be restricted thereby adversely affecting
the health, safety and welfare of citizens in the development.
PROFFERED CONDITIONS
Phasing of Development. Unless otherwise requested by the applicant or his assignee and
approved by the Chesterfield Department of Transportation, the following phasing of the
development shall be permitted:
(a)
A cumulative total of no more than one hundred twenty five (125) residential
lots or dwelling units may be recorded or site plan approved on the property
with sole access via Woolridge Road Extended from the property southward
to Genito Road across the adjacent parcel (Tax ID 7196872732);
(b)
Once the access specified in subparagraph (a) has been provided and two (2)
lanes of Watermill Parkway from Old Hundred Road~owhite Parkway
Extended to Woolridge Road Extended and two (2) lanes of Woolridge Road
Extended from Watermill Parkway to Genito Road have been constructed
through Tax ID 7196872732, Tax ID 7206898433, and Tax ID 7236922846,
7 01SN0189-FEB27-BOS
o
as determined by the Chesterfield Department of Transportation, a
cumulative total of no more than two hundred fifty (250) residential lots or
dwelling units may be recorded or site plan approved on the property using
such portions of Woolridge Road Extended and Watermill Parkway as the
public road access; and
(c)
Once the access specified in subparagraph (a) has been provided and two (2)
lanes of Woolridge Road Extended have been constructed, as determined by
the Chesterfield Department of Transportation, from the southern property
line of the subject property adjacent to Tax ID 7196872732 to Old Hundred
Road adjacent to Tax ID 7196945885, the property may be fully developed.
(T)
Transportation.
a) Right-of Way Dedication. Unless otherwise requested by the applicant or his assignee
and approved by the Chesterfield Department of Transportation, the applicant or his assignee
shall dedicate to the County, free and unrestricted, the following rights of way:
(i)
a ninety (90) foot wide right of way for Woolridge Road Extended from the
southern property line adjacent to Tax ID 7196872732 to the northern
property line adjacent to Tax ID 7186916889. Such dedication shall be made
in conjunction with recordation of the first subdivision plat or prior to any
site plan approval, whichever occurs first. (T)
(ii)
a ninety (90) foot wide right of way for the East/West Arterial located near
the northern comer of the property that runs from Woolridge Road Extended
to the northwestern property line of the subject property adjacent to Tax ID
7166914229. Such dedication shall be made in conjunction with recordation
of the first subdivision plat or prior to any site plan approval, whichever
occurs first. (T)
(iii)
an offsite ninety (90) foot wide fight of way for Woolridge Road Extended
from the northern property line of the subject property northward to Old
Hundred Road across Tax ID 7186916889 and Tax ID 7196945885. In the
event the developer is unable to acquire such offsite right of way, the
developer may request, in writing, the County to acquire such right of way as
a public road improvement. All costs associated with the acquisition of the
fight of way shall be borne by the developer. In the event the County chooses
not to assist the developer in acquisition of the offsite right of way, the
developer shall be relieved of such obligation to acquire the offsite right of
way, the obligation to construct any improvements thereon, as would
otherwise be required by paragraph 4(b)(ii), and the obligation contained in
8 01SN0189-FEB27-BOS
paragraph 3(c) that the applicant or his assignee complete construction of
Woolridge Road Extended to Old Hundred Road in order to be able to fully
develop the subject property; provided that, if the applicant is relieved of
such obligations, the development shall be limited to a cumulative total of no
more than two hundred fifty (250) residential lots or dwelling units until such
time as a second public road access shall be provided; (T & F)
(iv) any right of way necessary for improvements specified in paragraph 4(b). (T)
The exact location of such rights of way shall be approved by the Chesterfield Department of
Transportation.
b) Construction. To provide an adequate roadway system, the applicant or his assignee shall
be responsible for the following:
(i)
Construction of two lanes of Woolridge Road Extended from the southern
property line adjacent to Tax ID 7196872932 to the northern property line
adjacent to Tax ID 7186916889;
(ii)
Construction of two lanes of Woolridge Road Extended offsite from the
northern property line adjacent to Tax ID 7186916889 to Old Hundred Road
adjacent to Tax ID 7196945885 within the fight of way specified in paragraph
a;
(iii)
Construction of two lanes of the East/West Arterial from Woolridge Road
Extended to the northwestern property line adjacent to Tax ID 7166914229;
(iv)
Construction of left and right mm lanes along Woolridge Road Extended and
the East/West Arterial, if warranted based on Chesterfield Department of
Transportation standards, as follows: (a) at each approved access within the
subject property; at the intersection of the East/West Arterial with Woolridge
Road Extended; and (c) at the intersection of Woolridge Road Extended and
Old Hundred Road.
Prior to the first site plan or tentative subdivision plan approval, whichever occurs first, the
applicant shall submit a phasing plan for these improvements to the Chesterfield Department
of Transportation and shall receive its approval of such plan. Unless otherwise requested by
the applicant or his assignee and approved by the Chesterfield Department of Transportation,
such phasing plan shall include the phasing requirements specified in Proffer 3.
Prior to recordation or site plan approval for a cumulative total of more than one hundred
twenty five (125) residential lots or dwelling units, the applicant shall provide a bond, letter
of credit, or other security for the improvements specified in paragraphs 4(b)(i) and (ii) and
9 01SN0189-FEB27-BOS
for the right of way required in paragraph 4(a)(iii) in a form acceptable to the County
Attorney and in an amount acceptable to the Chesterfield Department of Transportation.
Such security shall guarantee that such improvements shall be provided/completed, as
determined by the Chesterfield Department of Transportation, either: (a) prior to recordation
or site plan approval for a cumulative total of more than two hundred fifty (250) residential
lots or dwelling units, or (b) within five years of the initial date of the security, whichever
occurs first, unless the applicant has been relieved of the obligation to provide such
improvements and offsite right of way in accordance with paragraph 4(a)(iii).
c) Access. Prior to first site plan or tentative subdivision approval, whichever occurs first,
the applicant shall submit to the Chesterfield Department of Transportation, and receive its
approval of, a plan for access points to the property from Woolridge Road Extended and the
East/West Arterial. (T)
AMENDMENT VII
The applicant has offered three (3) additional proffered conditions that address the square
footage and restrictive covenants applying to single family detached dwelling unit
development only and a covenant prohibiting manufactured homes.
PLANNING COMMISSION RECOMMENDATION (AMENDMENT VII)
RECOMMEND APPROVAL OF AMENDMENT VII AND ACCEPTANCE OF PROFFERED
CONDITIONS 7 AND 9 ON PAGES 10 THROUGH 17. PROFFERED CONDITION 10 WAS
SUBMITTED SUBSEQUENT TO THE COMMISSION'S CONSIDERATION OF THIS
REQUEST.
STAFF RECOMMENDATION (AMENDMENT VII)
Recommend that Proffered Conditions 7, 9 and 10 be accepted with the understanding that the
application of Proffered Conditions 7 and 9 is exclusive to single family detached development.
Conditions of Case 88S008 also permit the construction of attached and semi-detached dwelling
units to which these proffered conditions would not apply. Further, the current Ordinance would not
permit manufactured homes; however, should pending State legislation be adopted, Proffered
Condition 10 may, or may not, have the effect of prohibiting manufactured homes.
PROFFERED CONDITIONS
(STAFF/CPC) 7.
Minimum Square Footage for Single Family Detached Homes. All
dwellings built as Single Family Detached homes in accordance with
section 4B(4)(B) of the Textual Statement and Exhibit IV thereto
shall have the following minimum gross floor area:
10 01SN0189-FEB27-BOS
1 story 1,700 square feet;
More than 1 story 2,000 square feet. (P)
(STAFF/CPC)
Covenants for Single Family Detached Homes. For all properties
containing Single Family Detached homes in accordance with section
4B(4)(B) of the Textual Statement and Exhibit IV thereto, the
following Declaration of Restrictions shall be recorded in conjunction
with the recordation of any subdivision plat:
THE OWNERS do hereby declare that said property is to be held, owned, conveyed, used
and occupied subject to the following restrictive covenants:
(i)
An Architectural Review Committee, hereinafter called "ARC" shall be
comprised of Douglas R. Sowers, his heirs, personal representatives,
successors, and assigns, any of which may act. The ARC shall coordinate
each residence and lot and shall establish reasonable rules and regulations
relating to the procedure for architectural approvals and general guidelines for
architectural plans according to the following architectural guidelines:
All plans to be approved prior to commencement of construction on each lot.
House location to be approved prior to construction.
Roof
Minimum 7/12 pitch
Minimum 12" overhang
No uncolored galvanized flashing
Foundation
Brick foundations
Brick or stone on chimney chases
Dwelling
Main body of house to be a minimum of 30 feet in width
No single story homes adjacent to each other
Stoops and walks
Brick stoops or painted fir (no salt treated stoops except when approved by
ARC)
Minimum 40 sq. ft.
Concrete sidewalks
Painted lattice under front porches - painted risers on steps, painted pickets
and painted band on front porches
11 01SN0189-FEB27-BOS
ii)
Siding
Panel shutters on front windows
Minimum 1 x 6 rake and facia boards
No TI-11 siding
Landscaping
$300 allowance for shrubs
White painted mailbox and lamp post consistent throughout subdivision
Builder to leave as many trees as possible over 6 inches at the base
Base
3 color exterior paint except for 2 colors if painted white
Satellite Dishes and swimming pool design, location and screening to be
approved prior to installation.
The ARC reserves the right to modify the above restrictions or any other
imposed deed restrictions in all or in part without notice. In addition, the
ARC reserves the right to make special exceptions to these conditions on an
individual basis; however, any special exception(s) shall not be deemed as a
waiver of the restriction(s) as they may apply in the furore.
The ARC reserves the right to disallow construction of architecturally similar
homes adjacent to each other.
The ARC shall not be liable to any Owner or to any other person on account
of any claim, liability, damage, or expense suffered or incurred by or
threatened against an Owner or such other person arising out of or in any way
relating to the subject matter of any review, acceptances, inspections,
permissions, consents, or required approvals which must be obtained from
the ARC whether given, granted or withheld.
Repairs, changes in color, excavations, changes in grade, major landscaping,
or other work which in any way alters the exterior appearance of any Lot or
improvement located thereon from its natural or improved state existing on
the date such Lot was first conveyed in fee by Douglas R. Sowers to an owner
(including clearance of trees and vegetation, driveways, entrance ways,
fences, mailboxes, and lamp post structures), shall be made or done until the
plans, specifications, working drawings, and proposals for the same showing
the nature, kind, shape, type, color, materials, and location of the
improvements on the Lot and a landscaping plan shall have been submitted to
and approved in writing as to harmony of external design and location in
12 01SN0189-FEB27-BOS
iii)
iv)
v)
vi)
vii)
viii)
relations to surrounding structures, topography, and applicable governmental
requirements by the ARC.
All easements along road frontage and lot lines as shown on the aforesaid
subdivision plat are hereby reserved unto the developer, his personal
representatives, heirs, assigns, or agents, for the purpose of drainage or
furnishing light, telephone or any other utility to the property.
Lots shall be occupied and used as follows:
Lots shall be used for private residential purposes only and no
building of any kind whatsoever shall be erected or
maintained thereon except for:
(1)
One private dwelling house with each dwelling being
designated for occupancy by a single family.
(2)
Private garages for the sole use of the respective
owners of the Lots upon which such garages are
erected.
b)
A single building for the storage of non-commercial vehicles,
boats, equipment, and tools used in maintenance of the Lot
upon which erected.
No building shall be located on any Lot nearer to any street or to a
side line than is permitted under the applicable local zoning ordinance
in effect at the time such building is constructed.
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.
The construction of any structure on a Lot shall be completed within a
period of nine (9) months after the beginning of construction. During
construction, the Lot shall be maintained in a clean and uncluttered
condition, free of unnecessary accumulation of waste and building
debris.
It is the responsibility of each Owner to prevent the development of
any unclean, unsightly, or unkempt condition of buildings or grounds
on his Lot. All improvements on each Lot shall be kept in good repair,
and, where necessary, painted on a regular basis. No portion of the
13 01SN0189-FEB27-BOS
ix)
x)
xi)
xii)
xiii)
property shall be used or maintained as a dumping ground for rubbish.
Outdoor burning of leaves, trash, or other debris shall not be
permitted. All trash, garbage, and other waste shall be kept in sanitary
containers which shall be surrounded by wooden screening with such
screening being approved by the ARC, or otherwise out of sight from
the street.
No nuisance or offensive activity shall be permitted or maintained
upon any Lot, nor shall any poultry, hogs, rabbits, cattle, or other
livestock be kept thereon with the exception of dogs, cats, or other
normal household animals kept as pets thereon in numbers not
exceeding those permitted by the law, provided they are not kept, bred
or maintained for any commercial purposes, and must be kept under
control of their owner when outside owner's premises, nor constitute a
nuisance in the opinion of the ARC, its successors or assigns. No use
shall be made of any Lot which will depreciate or adversely affect the
surrounding Lots or the property.
Each residence constructed on a Lot shall be connected to a public
sewer.
No Lot shall be further subdivided without prior written consent of
the ARC. However, the developer hereby expressly reserves for
itself, its successors, and assigns, the right to re-subdivide any Lot or
Lots shown on any recorded plan of subdivision of the property prior
to the delivery of a deed to said Lot or Lots without the prior written
consent of any Lot Owner.
Except for emergencies, which emergencies must be proven to the
satisfaction of the ARC, no trees with a diameter of six (6) inches or
more, measured two (2) feet from the ground, flowering trees, shrubs,
or evergreens may be cleared from any Lot without prior written
permission of the ARC. In the event a Lot Owner violates this
covenant, the Lot Owner will be fined $25.00 per inch for every such
tree removed and it shall be assumed that each tree had a diameter of
twelve (12) inches.
No commercially licensed vehicles, motor vehicles, recreational
vehicles, boats, disabled vehicles, vehicles without a current state
license or state inspection sticker, machinery, or other equipment
shall be visible from the street for a period exceeding twenty-four
(24) hours. Any screening of such vehicles must be approved by the
ARC. This covenant shall not apply to vehicles and equipment used
14 01SN0189-FEB27-BOS
xiv)
xv)
xvi)
xvii)
xviii)
xix)
in connection with construction upon Lots, while such construction is
in progress, or in connection with the development of the property. It
shall be the responsibility of each Owner to construct and maintain
suitable and adequate parking space on his Lot and all vehicles shall
be parked thereon.
The operation of unlicensed motor bikes, ATV's, and motorcycles on
the lots and entrance area shall be subject to regulation by the Owners
and may be prohibited entirely.
No extemal illumination on any Lot shall be of such a character or
intensity or so located as to interfere with any other Owner's use or
enjoyment of his Lot. No neon or flashing lights shall be permitted.
All external lighting must be approved as to size and intensity by the
ARC.
Except during construction, no signs of any kind shall be displayed to
the public view on any lot except:
One sign not exceeding four (4) square feet in areas used for
the purpose of advertising the Lot for sale or rent: and
b)
One sign not exceeding four (4) square feet in areas which
identify the resident occupying the Lot, the name of the Lot,
or both.
No temporary, portable, or above-ground swimming pools may be
erected on any Lot that will be visible from the street.
No outside antennas, television or otherwise, shall be permitted;
provided, however, that until cable television becomes available to
the property, exterior television antennas shall be permitted, provided
that they do not extend more than five (5) feet past the roof line of
any dwelling. No satellite dishes shall be visible from the street.
No construction shall be permitted without appropriate erosion
control so as to prevent the discharge of any soil or other materials
onto any other Lot or Common Area. The ARC may establish
reasonable rules and regulations establishing a maximum percentage
of any Lot which may be covered by a building, driveway, or other
structure.
15 01SN0189-FEB27-BOS
xx)
xxi)
xxii)
xxiii)
xxiv)
xxv)
No fences or walls not constituting a part of a building shall be
erected, placed or altered on any Lot nearer to any street than the
minimum exterior setback line, but in no case shall it extend further
forward than the rear of the house except with the approval of the
ARC.
No shrubs, trees, fences or structures of any type shall be erected
which may partially or fully block vehicular sight distance, as set
forth in the Virginia Highway Department regulations, on any
roadway.
No lot owner shall disturb or siltate shoulder, backslopes, ditches,
pavement, curb and gutter, driveway culverts, or any other
improvements within the public fight-of-way. Each Lot Owner agrees
to be responsible for disturbances, damages, and/or siltation caused
by themselves, their employees, suppliers, contractors, or others, and
shall have fourteen (14) days from the receipt of a letter from the
developer and/or the ARC to correct the damage. Ifa Lot Owner fails
to correct the damage in a workmanlike manner, then the developer or
its assigns shall have the right to correct the damage and bill the Lot
Owner directly on a cost-plus-fifty-percent (50%) basis. If a Lot
Owner does not make payment within thirty (30) days of presentation
of the bill, a two percent (2%) per month service charge shall be
applied to such bill.
Any one or more of the Covenants and Restrictions imposed in
Paragraphs a through v hereof may be waived, modified, or rescinded,
in whole or in part, as to all of the property or any Lot, by written
instrument of the ARC.
Invalidation of any of these covenants and conditions, by court
adjudication or otherwise shall in no way modify, affect, or invalidate
any of the other covenants and conditions contained herein which
shall remain in full force and effect.
Each and every covenant and condition herein imposed may be
enforced by the undersigned or 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 to prevent or rectify
such violation and/or recover damages therefore. The failure of an
owner or the undersigned to bring any such proceeding shall not be
considered as a waiver of any rights at law or in equity that any
16 01SN0189-FEB27-BOS
such party may have for past or future violation of any covenant
herein contained
xxvi)
These covenants and conditions are to run with the land and shall be
binding upon subsequent owner or owners and all parties claiming
through or under such owner or owners for a period of thirty (30)
years from the date these covenants are recorded, after which time
said covenants shall be automatically extended for successive periods
of ten (10) years unless an instrument signed by a majority of the
owners of the Lots has been recorded, revoking said covenants, or
agreeing to change said covenants in whole or in part.
(STAFF)
10.
Covenant Prohibiting Manufactured Homes. Prior to recordation of any
subdivision plat or approval of any site plan for residential development, a
restrictive covenant shall be recorded which precludes siting or locating any
manufactured home within such subdivision or residential development and
which precludes the revision of such restrictive covenant to remove such
prohibition unless the zoning is amended to allow removal of such covenant.
(P)
GENERAL INFORMATION
Location:
Off the east line of Otterdale Road and off the north line of Genito Road. Tax ID 716-689-
9201 (Sheet 9).
Existing Zoning:
R-9 and 0-2 with Conditional Use Planned Development
Size:
282.1 acres
Existing Land Use:
Vacant
17 01SN0189-FEB27-BOS
Adjacent Zoning and Land Use:
North and East - A, R-9 and 0-2 with Conditional Use Planned Development; Vacant
South - R-9 with Conditional Use Planned Development; Vacant
West - A and R-9; Single family residential or vacant
UTILITIES
Public Water System:
There is an existing sixteen (16) inch water line extending along the north side of Genito
Road, approximately 1,000 feet south of the request site. Extension of an appropriately sized
water line along the right of way of the future North Woolridge Road will be necessary to
serve the request site. Use of the public water system is required by a previous condition for
zoning. (Case 88S008, Condition 13)
To address furore development, the applicant has proffered to extend a sixteen (16) inch
water line along the proposed route of North Woolridge Road from the southern boundary to
the northern boundary of the site. To allow for a loop connection to a future water line along
Otterdale Road, the applicant has proffered that an appropriately sized water line will be
extended from the proposed extension of North Woolridge Road to the western boundary of
the request site. (Proffered Condition 5)
The applicant has proffered to submit for review and approval a Water and Wastewater
Systems Overall Plan for this development. That plan shall be accompanied by a phasing
plan which establishes a schedule for incremental water system extensions with each phase
of the development. (Proffered Condition 6)
Public Wastewater System:
There is an existing sixty (60) inch wastewater trunk line extending along the north side of
Genito Road, approximately 1,000 feet south of the request site. This existing sixty (60) inch
wastewater trunk line is a portion of the Upper Swift Creek Transport System which was a
condition of zoning for extension with development of Greenspring (Case 88S008,
Conditions 15 and 16). Since approval of the Greenspring development, the County has
installed this portion of the Upper Swift Creek Transport System.
The request site is divided into two (2) drainage basins. The eastern one-third (1/3) of the
site drains toward Tomahawk Creek and the western two-thirds (2/3) of the site drains to
Swift Creek. Extension of an appropriately sized wastewater trunk line, along Tomahawk
Creek and Swift Creek, from the existing sixty (60) inch wastewater trunk line to the
northern boundary of this site, will be necessary to provide public wastewater service.
18 01SN0189-FEB27-BOS
Extension of the Tomahawk Creek and Swift Creek wastewater trunk lines is required by an
existing condition for zoning. (Case 88S008, Condition 15)
The applicant has proffered to submit for review and approval a Water and Wastewater
Systems Overall Plan for this development. This overall plan is to be accompanied by a
phasing plan which will establish a schedule for incremental extensions of the public
wastewater system with each phase of the development. (Proffered Condition 6)
ENVIRONMENTAL
Drainage and Erosion:
The parcel is located in the Upper Swift Creek Watershed and the southwestern property line
is adjacent to Swift Creek Reservoir where Swift Creek enters the reservoir. Approximately
eighty (80) percent of the property will drain in this direction with the remainder draining to
the northeast through adjacent property to Tomahawk Creek. Currently, there are no on-site
drainage or erosion problems and none are anticipated after development. The property is
heavily wooded and, as such, should not be timbered until the issuance ora land disturbance
permit. This will insure that adequate erosion control measures are in place prior to any land
disturbance. (Proffered Condition 1)
Water QualiW:
Both Swift Creek and Swift Creek Reservoir, adjacent to the property, will be subject to the
100 foot conservation area.
The Board of Supervisors recently approved the implementation of the Upper Swift Creek
Watershed Master Plan establishing a pro-rata fee for the management of phosphorus loads
associated with stormwater runoff. A portion of the property that is located downstream of
any regional facilities drains directly into the reservoir. The application has proffered to treat
this runoff, as determined necessary, by the Department of Environmental Engineering.
(Proffered Condition 2)
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the FY 2001-2005 Capital Improvement Program. This
development will have an impact on these facilities.
Fire Service:
The Public Facilities Plan indicates that emergency services calls are expected to increase
forty-five (45) percent by 2015. Eight (8) new fire/rescue stations are recommended for
19 01SN0189-FEB27-BOS
construction by 2015 in the Public Facilities Plan. The proposed zoning amendment will not
result in any additional dwelling units over the number of units permitted on this portion of
the request under Case 88S008. Consequently, there is no net increase in the impact on
capital facilities resulting from this request.
This property is currently served by the Swift Creek Fire/Rescue Station, Company Number
16. When the property is developed, the number of hydrants and quantity of water needed
for fire protection will be evaluated during the plans review process.
To satisfy the requirement of Section 17-76(h) of the Subdivision Ordinance, when the
cumulative total of lots served by a local street in this proposed development exceeds fifty
(50) and/or when the number of lots accessing an arterial street with only one (1) way in and
out exceeds 100 lots, a second public access road to all lots must be provided by the
developer. This requirement is to provide emergency vehicles access to all units should an
entrance become blocked.
According to the applicant's development phasing plan, a maximum of 250 lots may be
recorded on the subject property prior to the provision of a second public road access via a
connection of Woolridge Road Extended to Old Hundred Road (Proffered Condition 3(b)
and (c)). Should the developer be unable to secure the off-site right of way to make this road
connection, and the County be unwilling to condemn for such right of way, as proffered, the
developer would be required to secure an alternate second public road access before
exceeding 250 lots (Proffered Condition 4(iii)). The Fire Department opposes granting
relieve from providing a second public road access for more than 100 homes on a no lot
frontage collector road (Woolridge Road Extended), in accordance with the Subdivision
Ordinance, until such time this collector is extended to Old Hundred Road, thereby providing
the required second public road access.
Schools:
Approximately 276 school age children will be generated by this development. The site lies
in the Watkins Elementary School attendance zone: capacity - 879, enrollment - 704;
Midlothian Middle School zone: capacity- 1,350, enrollment- 1,353; and Midlothian High
School zone: capacity - 1,750, enrollment - 1,537.
The applicant has agreed to participate in the cost of providing for area school needs.
(Proffered Condition 8)
Libraries:
Consistent with the Board of Supervisors' policy, the impact of development on library
services is assessed County-wide. Based on projected population growth, the Public
Facilities Plan identifies a need for additional library space throughout the County. Taking
20 01 SN0189-FEB27-BOS
into account the additional space provided by the two (2) currently funded projects, the new
La Prade and Chester Libraries, there is still a projected need for 55,000 additional square
feet of library space County-wide by 2015.
Development in this area of the County would likely affect the existing Midlothian and
Clover Hill libraries. The plan has identified a need for additional library space in these
service areas as well as a need for a new library in the western area of the County in the
vicinity of Genito Road and Powhite Parkway. The proposed zoning amendment will not
result in any additional dwelling units over the number of units permitted on this portion of
the request under Case 88S008. Consequently, there is no net increase in the impact on
capital facilities resulting from this request.
Parks and Recreation:
The Public Facilities Plan identifies the need for four (4) new regional parks. There is
currently a shortage of community park acreage in the County. The Plan identifies a need for
625 acres of regional park space and 116 acres of community park space by 2015. The Plan
also identifies the need for neighborhood parks and special purpose parks and makes
suggestions for their locations. The proposed zoning amendment will not result in any
additional dwelling units over the number of units permitted on this portion of the request
under Case 88S008. Consequently, there is no net increase in the impact on capital facilities
resulting from this request.
Transportation:
The Greenspring Project was approved in 1988. It was anticipated that the development
would generate approximately 43,360 daily vehicle trips. To mitigate this traffic impact, the
original developer committed to providing road improvements, including the construction of
several major new roads. As development within Greenspring has occurred, staffagreed to a
phasing plan that would result in the ultimate completion of the required road improvements.
The current applicant's request would allow the subject property to be developed
independently from the remainder of Greenspring. The road improvements proposed by the
applicant will not adequately address the traffic impact of the development and are not
consistent with the commitments outlined in the Greenspring zoning. Staff does not support
this request.
In 1988, the Board of Supervisors approved a Conditional Use Planned Development (Case
88S008, "Original Greenspring Project") on approximately 1,300 acres for a mixed-use
development that included retail, office and residential land uses. With that approval, the
Board accepted the Textual Statement that includes several transportation conditions
addressing maximum density, right of way dedications, access control and construction of
mitigating road improvements. Conditions of zoning approval for Case 88S008 restricted the
maximum density of the Original Greenspring Project to 2,303 residential units, 193,000
21 01SN0189-FEB27-BOS
square feet of retail, 1,250,000 square feet of office and a 300-room inn/conference center or
equivalent densities based on traffic generation. Original Greenspring Project was
anticipated to generate approximately 43,360 average daily trips.
Vehicles generated by the development will be distributed along Powhite Parkway Extended,
Otterdale Road, Genito Road and Woolridge Road, which had 2000 traffic counts of 12,775,
998, 10,838 and 8,062 vehicles per day, respectively, and Old Hundred Road, which had a
1999 traffic count of 4,781 vehicles per day. Roads in this area have narrow pavement
widths, little or no shoulders and poor vertical and horizontal alignments. The traffic
generated by this development will significantly increase the need for transportation
improvements in this area.
No road improvement projects in this area of the County are included in the Virginia
Department of Transportation (VDOT) Six-Year Secondary Road Improvement Plan, except
for a project to construct turn lanes at the Woolridge Road/Genito Road intersection.
Construction on this project is anticipated to begin in Spring 2002.
The road improvements required by the Original Greenspring Project include: 1) construction
of four (4) lanes for sections of Powhite Parkway Extended; 2) construction of four (4) lanes
of Woolridge Road Extended and Collector Loop Road, if necessary; 3) ditch and shoulder
improvements along Otterdale Road and Genito Road; 4) if required, construction of left and
right turn lanes along Otterdale Road, Genito Road and Powhite Parkway Extended at each
approved access; 5) if warranted, full cost of traffic signalization at each access onto
Otterdale Road, Genito Road, Powhite Parkway Extended and all internal roads; and 6)
construction of two (2) lanes of Powhite Parkway Extended and two (2) lanes of Woolridge
Road Extended across an adjacent parcel (Tax ID 719-694-5885). A condition of the
Original Greenspring Project zoning requires that a phasing plan for these required road
improvements be approved by the Transportation Department.
In 1995, the Board of Supervisors approved amendments to the Original Greenspring
Conditional Use Planned Development to allow development of approximately 810 acres
("Phase I Greenspring") independently of the Original Greenspring Project. All other
property that was included in the Original Greenspring Project but that was not a part of
Phase I Greenspring, continues to be subject to the Original Greenspring zoning conditions.
Phase I Greenspring includes approximately 1,300 residential units and 110,000 square feet
of retail on the 810 acres. The permissible density for the Original Greenspring Project was
reduced by an amount equivalent to the density in Phase I Greenspring. Phase I Greenspring
could generate 16,560 average daily trips.
The 1995 amendment did not relieve the Phase I Greenspring developer of required road
improvements, except for right of way dedications across properties they did not control. In
the Transportation section of the "Request Analysis" for the 1995 amendment, staff
specifically outlined the road improvements that the Phase I applicant anticipated providing,
22 01 SN0189-FEB27-BOS
and noted that the balance of the ultimate road improvements would be the responsibility of
subsequent phases within Greenspring. Staffs primary reason for including this information
was to inform property owners within Greenspring of the road improvement-phasing plan.
No opposition to the proposed phasing plan was expressed during the public hearings.
As required by a condition of the Original Greenspring Project, the Phase I developer
submitted a phasing plan for the entire Greenspring Project. After evaluating the proposal,
staff agreed to a Phase I consisting of the following road improvements: 1) two (2) lanes of
the required four (4) lanes for Woolridge Road Extended, with adequate mm lanes, from
Genito Road north to its intersection with the Collector Loop Road; and 2) two (2) lanes for
Collector Loop Road, with adequate mm lanes from Woolridge Road Extended to Powhite
Parkway Extended/Old Hundred Road. Staff approved a Phase II, consisting of the
remaining Greenspring densities and road improvements.
The subject property ("Phase II Greenspring"), consisting of approximately 280 acres, was
included in the Original Greenspring Project, but not in Phase I Greenspring. Therefore, in
accordance with the approved phasing plan, Phase II Greenspring must provide additional
road improvements in proportion to the Phase II level of development.
The Phase II Greenspring applicant is requesting several amendments to the Original
Greenspring zoning conditions that include deletion of the requirement for right of way
dedications, road improvements and initial access being provided via Powhite Parkway
Extended/Old Hundred Road. These requested amendments greatly differ from the 1995
amendment for Phase I Greenspring in that: 1) they would allow 125 lots to be developed
with sole access to Genito Road; and 2) they would relieve the developer of providing road
improvements proportionate to their level of development. The applicant is requesting relief
of all transportation conditions from the Original Greenspring zoning and has proffered to
phase the development, dedicate right of way and construct two (2) lanes with mm lanes for
sections of Woolridge Road Extended and the East/West Arterial and submit an access plan
for both roadways (Proffered Conditions 3 and 4). These proffers will not adequately address
the traffic impact of Phase II Greenspring development on area roads and are not consistent
with the commitments as outlined in the original Greenspring zoning.
Current zoning would allow at least 670 residential units on most of the subject property
(parts of Tracts A and E identified on the Master Plan). The remaining Phase II Greenspring
property (part of Tract B identified on the Master Plan), which is approximately ten (10)
acres, could be developed for commercial uses. Development of Phase II Greenspring could
generate approximately 12,800 average daily trips.
The applicant has proffered to dedicate a ninety (90) foot wide right of way and construct two
(2) lanes of Woolridge Road Extended and the East/West Arterial through the subject
property, with mm lanes at each approved access and at the intersection of Woolridge Road
Extended and the East/West Arterial (Proffered Condition 4). Proffered Condition 4 would
23 01SN0189-FEB27-BOS
also require the developer to construct two (2) lanes of Woolridge Road Extended from the
subject property line northward, through two (2) adjacent parcels, to Old Hundred Road with
turn lanes at the Woolridge Road Extended/Old Hundred Road intersection. The section of
Woolridge Road Extended from Powhite Parkway Extended to Old Hundred Road is not part
of a required road improvement in the Original Greenspring zoning. Constructing this
roadway from the northern boundary of the subject property to Old Hundred Road will
require acquisition of "off-site" right of way. According to the proffer, if the developer is
unable to acquire the right of way for Woolridge Road Extended and the mm lanes along Old
Hundred Road, the developer may request the County to acquire the right of way as a public
road improvement. All costs associated with the acquisition will be borne by the developer.
If the County chooses not to assist with the right of way acquisition, the developer will not be
obligated to acquire the right of way or construct Woolridge Road Extended from the
northern boundary of the subject property to Old Hundred Road. The Phase II Greenspring
developer would then only be obligated to construct Woolridge Road Extended and the
East/West Arterial with turn lanes through the subject property.
The applicant is requesting relief of the requirement that initial access be provided via
Powhite Parkway Extended/Old Hundred Road and has proffered a phasing plan for
development of Phase II Greenspring. The "initial access" condition was provided as part of
the original Greenspring zoning to insure that the major traffic impact generated by the
development would be directed towards Powhite Parkway Extended and not towards the
Genito Road area. The applicant's proffered phasing plan would allow 125 lots to be
developed on the subject property with sole access via Woolridge Road Extended to Genito
Road (Proffered Condition 3). In addition, once two (2) lanes of Woolridge Road Extended
from Genito Road to Collector Loop Road (i.e., Watermill Parkway) and two (2) lanes of
Watermill Parkway from Woolridge Road Extended to Powhite Parkway Extended/Old
Hundred Road is constructed, 250 lots may be developed. Proffered Condition 4 requires the
developer to provide a bond, letter of credit or other security for the fight of way and
construction of Woolridge Road Extended to Old Hundred Road prior to approval for more
than 125 lots/units (Proffered Condition 4). The proffer requires the developer to construct
this roadway prior to development of more than 250 lots/units or within five (5) years from
the initial date of the security, whichever occurs first. The amount of the security must
provide for the County's cost to acquire right of way, including possible condemnation, and
to build Woolridge Road Extended. The proposed phasing plan would allow the subject
property to fully develop when Woolridge Road Extended is constructed to Old Hundred
Road, or if the developer cannot acquire the right of way for constructing Woolridge Road
Extended to Old Hundred Road and the Board of Supervisors elects not to assist with the
right of way acquisition. The phasing plan does not address the development of the
commercial area. Approval of this phasing plan may cause the developer(s) of Phase I
Greenspring to seek similar relief to this initial access condition.
As previously noted, approval of this request would remove all obligations for the developer
of Phase II Greenspring to construct any remaining road improvements that were required by
24 01SN0189-FEB27-BOS
the Original Greenspring zoning. The remaining road improvements (i.e., not required for
development of Phase I Greenspring and not specifically proffered in this request) include: 1)
construction of four (4) lanes for sections of Powhite Parkway Extended; 2) construction of
two (2) additional lanes of Woolridge Road Extended from Genito Road through the subject
property, to the northern boundary of the Original Greenspring Project; 3) ditch and shoulder
improvements along Otterdale Road; 4) if required, construction of left and right turn lanes
along Otterdale Road and Powhite Parkway Extended at each approved access; 5) if
warranted, full cost of traffic signalization at each access onto Otterdale Road, Genito Road,
Powhite Parkway Extended and all internal roads; and 6) construction of two (2) lanes of
Powhite Parkway Extended across the adjacent parcel (Tax ID 719-694-5885). There are
approximately 210 acres remaining in the Original Greenspring Project that are not included
in Phase I Greenspring or Phase II Greenspring. Approval of this request would allow the
developer(s) of the remaining 210 acres to seek, and would probably justify, similar relief to
the required road improvements.
Development of Phase II Greenspring should include construction of two (2) lanes of
Powhite Parkway Extended from its current terminus west to Woolridge Road Extended and
of two (2) lanes of Woolridge Road Extended south to the northern boundary of the subject
property. In order to provide these road improvements, it may be necessary for the applicant
to participate with other property owners within the remaining Original Greenspring Project.
This would be similar to what was done to achieve Phase I Greenspring road improvements.
When completed, the total traffic generated by the Original Greenspring Project could be
similar to the original estimated volume of 43,360 average daily trips. In order to mitigate
this impact, the road improvements required by zoning will be needed. The commitments
outlined in this application will not adequately address this impact; therefore, staff cannot
support this request.
Financial Impact on Capital Facilities:
The proposed zoning amendment will not result in any additional dwelling units over the
number of units permitted on this portion of the originally planned residential community
governed by zoning Case 88S088. Accordingly, there is no net increase in the impact on
capital facilities resulting from this request. However under the conditions of Case 88S008,
the dedication of sixty-five (65) acres and the reservation for purchase of an additional thirty-
five (35) acres was proffered for use by County Schools. The requirement for the reservation
of land for purchase is no longer applicable. The time has expired to exercise that option.
Under the proposed requested amendment, the applicant has proffered the payment of cash in
lieu of dedicating a proportionate amount of the sixty-five (65) acres of land to the County.
The proportionate amount of land being proffered for conversion to cash is approximately
fourteen (14) acres. The amount of cash proffered, to be paid on a per dwelling unit basis,
equates to $138,900 or $9,940 per acre. The cash proffer states that the payments will be
25 01SN0189-FEB27-BOS
made on the first 300 dwelling units (Proffered Condition 8).
acceptable.
LAND USE
Staff finds this proffer
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.
Area Development Trends:
Properties to the northwest and west are zoned Agricultural (A) and Residential (R-9) and are
occupied by a single family dwelling or are vacant. Properties to the northeast, east and
south are zoned Residential (R-9) and Corporate Office (0-2) and are part of the original
Greenspring I development not included in this request. These parcels are currently occupied
by community recreational uses or are vacant. A portion of this property to the south and
southeast was previously approved for development independent of the original Greenspring
I Project (Case 95SN0307).
Zoning History:
On May 25, 1988, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved rezoning on the request property and adjacent property to
the north, east and south from Agricultural (A) and Residential (R-15) to Residential (R-9)
and Office Business (O) with Conditional Use Planned Development to permit a mix of
residential, office, commercial and recreational uses (Case 88S008), subject to a number of
conditions. This project, which contained approximately 1,313 acres, was commonly known
as Greenspring.
On September 27, 1995, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved various amendments to Case 88S008, affecting an 809 acre
portion of the original Greenspring development, adjacent to, east and south of the subject
property (Case 95SN0307). These amendments were relative to the approved Master Plan;
restoration of two (2) single family structures (Ellett and Tomahawk dwellings); provision of
a golf course; road improvements and access; land uses; land dedications and reservations;
utilities; drainage; erosion and water quality. Specifically, approval of this case permitted the
development of the request property to proceed independent of the adjacent portions of the
original Greenspring I Project and modified specific requirements of the original Greenspring
I rezoning.
26 01SN0189-FEB27-BOS
Master Plan:
The applicant is requesting that Condition 1 of Case 88S008 be modified to reflect the
amendments discussed herein, substitute a new conceptual Master Plan and delete the
requirement to conform to the Conceptual Site Development Plan. This amendment would
also allow this 282 acre parcel to be developed independent of the remaining 1031 acres
originally zoned. As previously noted, in 1995, an adjacent 503 acre tract representing a
portion of the original Greenspring I development, was approved for development
independent of the originally zoned acreage (Case 95SN0307). Therefore, with approval of
this request, 528 acres of the original Greenspring I property will remain under the conditions
of the original Master Plan.
The revised Master Plan also deletes the golf course.
Restoration of the Tomahawk and Ellett Hancock Structures:
Conditions of zoning require that the Tomahawk and Ellett Hancock structures be restored.
The Tomahawk structure has been destroyed by fire. The Preservation Committee
determined that restoration of the Ellett Hancock structure is not feasible.
Dwelling Unit Sizes and Restrictive Covenants:
Proffered Condition 7 requires a minimum gross floor area of 1,700 square feet for one-story
and 2,000 square feet for more than one-story single family detached dwelling units.
Conditions of Case 88S008 permit a variety of housing types on the subject property to
include estate, cluster, villa, single family attached, multi-family and retirement units. This
proffered condition, which is specific to single family detached units, would not apply to any
other type of dwelling unit constructed on the property.
Proffered conditions would also require recordation of restrictive covenants for the subject
property, applicable to single family detached dwelling units and a prohibition on
manufactured homes (Proffered Condition 9). As previously noted, Proffered Condition 9
would not apply to any other type of dwelling unit constructed on the property. Further, the
current Ordinance would not allow manufactured homes; however, there is pending State
legislation which proposes to mandate that localities allow manufactured homes in those
districts which allow single family dwellings constructed to the Uniform Statewide Building
Code. Should these be State legislation adopted, depending upon the final language,
Proffered Condition 10 may, or may not, have the effect of prohibiting manufactured homes.
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.
27 01SN0189-FEB27-BOS
CONCLUSIONS
The proposed amendments relative to the approved Master Plan, restoration of the Ellett and
Tomahawk dwellings and provision of a golf course (Amendment I); utilities (Amendment II);
drainage and erosion and water quality (Amendment III); and dedication and reservations (Part of
Amendment IV) are consistent with amendments previously approved for an adjacent portion of the
Greenspring I Project (Case 95SN0307). Further, such amendments would permit the applicant to
proceed with developing the subject property independent of adjacent portions of the original
Greenspring I Project. In conjunction with these amendments, it is recommended that Proffered
Conditions 1, 2, 5, 6 and 8 be accepted and that Conditions 1 through 5 be imposed. It is also
recommended that Proffered Conditions 7, 9 and 10 be accepted, addressing square footage and
restrictive covenants (Amendment VII) with the understanding that these proffers apply to single
family detached development only.
It is recommended that Amendment V, requesting relief to all transportation conditions of the
original Greenspring I (Case 88S008), be denied. Proffered Conditions 3 and 4 do not adequately
address the traffic impact of this portion of the development on area roads and are not consistent with
the commitments as outlined in the original Greenspring zoning. Further, with approval of
Amendment V, a precedent could be established for developer(s) of the remaining portions of the
original Greenspring project to seek relief to these required road improvements. In conjunction with
this recommendation, Proffered Conditions 3 and 4 should not be accepted.
Further, it is recommended that Amendment VI, requesting relief to the provision of a second public
road access, be denied. Without provision of a second access, the accessibility to and from the
development in an emergency situation, should access be blocked, will be restricted thereby
adversely affecting the health, safety and welfare of citizens in the development.
CASE HISTORY
Planning Commission Meeting (7/17/01):
At the request of the applicant, the Commission deferred this case to September 18, 2001.
Staff (7/18/01):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than July 23, 2001, for consideration at the Commission's September
public hearing. Also, the applicant was advised that a $150.00 deferral fee must be paid prior
to the Commission's September public heating.
28 01SN0189-FEB27-BOS
Applicant (8/3/01):
The $150.00 deferral fee was paid.
Staff (8/28/01):
To date, no new information has been submitted.
Applicant (9/17/01 and 9/18/01):
The application was amended to request deletion of a condition of Case 88S008 relative to
access and to seek relief to street access requirements. Revised and new proffered conditions
were submitted.
Planning Commission Meeting (9/18/01):
The Commission deferred this case to November 20, 2001, thirty (30) days on their own
motion and thirty (30) days on the applicant's motion, to readvertize the request based upon
amendments made to the application and to allow staff time to review the revised and new
proffered conditions.
Staff (9/19/01):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than September 24, 2001, for consideration at the Commission's
November public hearing. Also, the applicant was advised that a $250.00 deferral fee must
be paid prior to the Commission's November public hearing.
Applicant (10/4/01):
The $250.00 deferral fee was paid.
Applicant (10/22/01 and 11/1/01):
Revised proffered conditions and Textual Statement were submitted.
29 01SN0189-FEB27-BOS
Applicant (11/20/01):
Revised proffers were submitted.
Planning Commission Meeting (11/20/01):
On their own motion, the Commission deferred this case to December 18, 2001, to allow
staff time to review the revised proffered conditions.
Staff (11/26/01):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than November 29, 2001, for consideration at the Commission's
December 18, 2001, meeting.
Applicant (11/30/01 and 12/3/01):
Revised proffered conditions were submitted.
Planning Commission Recommendation (12/18/01 ):
The applicant accepted the recommendation with respect to Amendments I through IV and
VII. The applicant did not accept the recommendation with respect to Amendments V and
VI relative to road improvements and street access requirements. There was no opposition
present.
Mr. Gulley expressed concern with respect to the traffic impact of the proposed development
on Genito Road and the completion of the Collector Loop Road (Watermill Parkway)
through Phase I of the original Greenspring project; that if the north/south road connection
was not completed to provide access to Powhite Parkway and Route 288, Genito Road cotfld
not handle all the traffic from this development; and that his preference would be for the
Board of Supervisors to fund and build the Powhite Parkway Extension and pursue some
form of revenue recovery.
Messrs. Gulley, Gecker and Cunningham agreed that the original owners and furore
purchasers of the original Greenspring tract knew of the obligations for road improvements.
Mr. Gecker indicated that the Commission's responsibility was to insure the County's best
30 01SN0189-FEB27-BOS
interest with respect to road improvements and fire safety access rather than the economic
feasibility of the development.
Mr. Litton noted that the County should have required the Phase I developer to construct
Powhite Parkway through the property limits of Phase I; that the construction of Woolridge
Road Extended to Otterdale Road would help considerably; that if Powhite Parkway is
constructed, a portion may be torn out with the interchange; and that he had fire safety access
concerns.
Mr. Marsh noted that there was a benefit to constructing Woolridge Road Extended; that the
financial burden for road improvements was too great for this development; however, he
could not recommend approval of Amendments V and VI.
In response to a question from Mr. Marsh, the applicant agreed to allow the remaining
proffered conditions to stand, should the Commission not recommend acceptance of those
related to transportation and access.
On motion of Mr. Marsh, seconded by Mr. Gulley, the Commission recommended approval
of Amendments I through IV and VII with the imposition of Conditions 1 through 5 and
acceptance of Proffered Conditions 1, 2 and 5 through 8. The Commission recommended
denial of Amendments V and VI relative to road improvements and street access
requirements and that Proffered Conditions 3 and 4 not be accepted.
AYES: Unanimous
Applicant (1/23/02):
An additional proffered condition was submitted. (Proffered Condition 10)
Board of Supervisors Meeting (1/23/02):
On their motion, the Board deferred this case to February 27, 2002, to allow the Board time
to further evaluate Amendments V and VI relative to road improvements and street access
requirements.
Staff (1/24/02):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than January 29, 2002, for consideration at the Board's February 27,
2002, public hearing.
31 01SN0189-FEB27-BOS
Staff (2/8/02):
To date, no new information has been submitted.
The Board of Supervisors, on Wednesday, February 27, 2002, beginning at 7:00 p.m., will take under
consideration of this request.
32 01SN0189-FEB27-BOS
11/01/2001
o
8.
9.
10.
TEXTUAL STATEMENT
01SN0189
(AMENDMENT TO CASE 88S008)
The Textual Statement, titled Greenspring: Conditional Use and Zoning
Application, revised April 1, 1988, including the "Residential Site
Development Criteria" table, Exhibit IV and the conditions of zoning for Case
88S008 and Conceptual Master Plan, prepared by J. K. Timmons and
Associates, dated April 19, 2001, shall be the Master Plan for the subject
property, except as stated herein. And further, provided that the subject
property shall be permitted to be considered as a separate project from the
remaining portion of that land area covered under 88S008.
All references and requirements relating to golf in the Textual Statement and
conditions of zoning for Case 88S008 shall be deleted.
The requirement to restore Tomahawk and the Ellett and Hancock structures
shall be deleted.
All references and requirements relating to the plan entitled "Conceptual Site
Development Plan -- Greenspring -- Chesterfield County, Virginia" in the
Textual Statement and conditions of zoning for Case 88S008 shall be deleted.
The requirements to dedicate right of way along Otterdale Road and that portion
of Powhite Parkway Extended, Conditions 14 and 15 of the Textual
Statement Case 88S008 which are not within the limits of the subject
property, shall be deleted.
The requirements of conditions 20 A, B, C, D, E, F, G, and 21, 22 of the Textual
Statement for Case 88S008 shall be deleted. Two lanes of Woolridge Road
will be built as a requirement of this case.
The requirements of Conditions 7, 9, 11, and 20 of Case 88S008 shall be deleted.
The requirements of Condition 30 of Case 88S008 shall be deleted.
The requirements of Condition 14 of Case 88S008 shall be deleted.
The requirements of Condition 17 of the Textual Statement for Case 88S008
shall be deleted.
I
../
;UBJECT
Tract F
APPROVED MASTER
Greenspring
t
PLAN
N
o I $ /W o l E~ q- I
Greenspring
LEGEND
S
lmgle Faeil¥/
Eslale
~ villas/
~ Allacbed
APPROVED ~ON~EPTUAL 51TE DEVELOPMENT PLAN
Multi-family
. ~ Eecrealioo
Ceelef
Olfi~e
AMENDED MASTER PLAN
01SN0189-3
/
!
Powhite pkW~E._. .
I
I
Remainder
of Greenspring
Phase II
Case ¢01SN0189
Phase I
Case ~95SN0307
\
N
Greenspring
Boundaries of Original Greenspring,
Phase I, Phase II, and Remaining Parcels
01 SN0189 - 4