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07SN0211 February 20, 2007 CPC March 14,2007 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDA TION 07SN0211 Kidd and Co., Inc. Clover Hill Magisterial District Davis Elementary; Providence Middle; and Monacan High Schools Attendance Zones Southwest line of Hick:s Road REQUESTS: I. Rezoning from Agricultural (A) to Residential (R-12) plus Conditional Use Planned Development to permit exceptions to Ordinance requirements. II. Relief to street access requirements to allow sixty-two (62) lots off of one (1) access. PROPOSED LAND USE: A single family subdivision is planned with a minimum lot size of 12,000 square feet. A maximum of twenty-five (25) lots are proposed yielding a density of approximately 1.9 dwelling units per acre. (Proffered Condition 6.c). PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 12. STAFF RECOMMENDATION Request I: Recommend approval for the following reasons: A. The proposed zoning and land uses conform to the N orthem Area Plan which suggests the property is appropriate for medium density residential use of 1.51 to 4.0 units per acre. Providing a FIRST CHOICE community through excellence in public service B. The proffered conditions adequately address the impacts of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs for roads, schools, park:s, libraries and fire stations is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program, and the impact of this development is discussed herein. The proffered conditions mitigate the impact on capital facilities, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. Request II: Recommend approval of the relief to street access requirements to allow sixty-two (62) lots off of one (1) access for the following reason: The request meets the Ordinance criteria under which relief should be granted. (NOTE: CONDITIONS MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER(S) MAY 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 The Applicant in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the Property lrnown as Chesterfield County Tax Identification Numbers 756-692-2663 (part of), 756-692-3087, 756-693-7609, 756-692- 9186 (13.3 acres) (the "Property") under consideration will be developed according to the following conditions if, and only if, the rezoning request for R-12 with a conditional use planned development is granted. In the event the request is denied or approved with conditions not agreed to by the Applicant, the proffers and conditions shall immediately be null and void and of no further force or effect. If the zoning is granted, these proffers and conditions will supersede all proffers and conditions now existing on the Property. (STAFF/CPC) 1. Master Plan. The Textual Statement dated December 14, 2006, revised January 23, 2007, shall be considered the Master Plan. (P) (STAFF/CPC) 2. Timbering. With the exception of timbering which has been approved by the Virginia State Department of Forestry, 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) 3. Utilities. The public water and wastewater systems shall be used. (U) 2 07SN0211-MAR14-BOS (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 4. Dedication. Within 120 days of approval of this request, forty-five (45) feet of right-of-way on the west side of Hick:s Road, measured from the center-line of the roadway immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 5. Access. There shall be no direct vehicular access from the Property to Hick:s Road. (T) 6. Density. (a) The overall average lot sizes for any lots having sole access through Elk:view Drive shall be 14,320 square feet. (b) Lots shall not exceed a density of 2.5 dwelling units per acre for any lots having sole access through Elk:view Drive. (c) Development shall be limited to a maximum of twenty-five (25) lots. (P) 7. Cash Proffer. 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 b. The amount approved by the Board of Supervisors not to exceed $15,600 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2006, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2007. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. (B&M) 8. Restrictive Covenants. The following shall be recorded as restrictive covenants in conjunction with the recordation of any subdivision plat: BEXLEY SECTION XVII Chesterfield County, Virginia Restrictive Covenants This declaration of restrIctIons, covenants, and conditions is made and executed this _ day of 3 07SN0211-MAR14-BOS , 2007, by Kidd and Co., Inc. (the Owner). Recitals A. The owner is the fee simple owner of certain real property located in Chesterfield County, Virginia, as shown on Exhibit A attached hereto and made a part hereof, and it is its desire to provide for the orderly development of a residential community thereon. B. The Owner desires to subject the Property to the covenants and restrictions as hereinafter set forth for the benefit of the Property and each owner of a portion thereof. Now, therefore, the Owner hereby declares the Property is and shall be held, transferred, sold, conveyed, occupied, and used subject to the covenants, conditions, and restrictions hereinafter set forth, such covenants, conditions, and restrictions to run with, bind and burden the Property for and during the period of time hereinafter specified. A. Additions to the Property by Owner As long as the Owner owns any real property in the general area of the Property described in Exhibit A hereto, the Owner may submit additional real property to the provisions of this Declaration by filing a supplement hereto in the appropriate Clerk:' s Office. B. Architectural Control Committee 1. No building, structure, outbuilding, fence, wall, or improvement of any nature whatsoever (except for interior alterations to existing structures not affecting the external structure or appearance of any improvement on any portion of the Property) shall be constructed or modified on the Property unless and until the plans for such construction shall have been approved in writing by the Architectural Control Committee (the Committee). The plans submitted to the Committee for approval shall include: a. The construction plans and specifications and related drawings, and b. A plat showing the location of all proposed improvements. 2. No plans for a primary dwelling to be constructed on the Property shall be submitted for such approval unless the living area of such dwelling, exclusive of open porches, attics, basement, and garages shall exceed 4 07SN0211-MAR14-BOS 1800 square feet for one story residences, and 2000 square feet for two story residences; provided, however, that this provision may be waived in writing by the Committee. No plans for a primary dwelling to be constructed on the Property that is immediately adjacent to and abutting Lots 1,2,3, and 4 of Bexley, Resub Portion of Section 7 shall be submitted for such approval unless the living area of such dwelling, exclusive of open porches, attics, basement, and garages shall exceed 2,000 square feet for one story residences, and 2,200 square feet for two story residences; provided, however, that this provision may be waived in writing by the Committee. No more than five (5) primary dwellings may be constructed on the Property which touch Lots 1, 2, 3, and 4 of Bexley Resub Portion of Section 7. All garages shall be side loading or rear loading. 3. Approval by the Committee shall be based upon compliance with the provisions of this Declaration, the quality of worlananship, and the materials, harmony of external design with surrounding structures, location of improvements with respect to topography and finished grade elevation, the effect of the construction of the outlook: from surrounding portions of the Property, color schemes and all other factors which in the reasonable opinion of the Committee will affect the desirability or suitability of the proposed improvements in relation to the aesthetic quality of the Property. 4. Approval or disapproval of each application to the Committee shall be given to the applicant in writing within fourteen (14) days of receipt of a complete set of plans and application. In the event the approval or disapproval is not forthcoming within fourteen (14) days, unless an extension is agreed to by the applicant in writing, the application shall be deemed approved, and the construction of the applied for improvements may be commenced, provide that all such construction is in accordance with the submitted plans and provided, further, that such plans conform in all respects to the other terms and provisions of this Declaration. If the Committee disapproves an application, the applicant may appeal to the Bexley Association Board of Directors (BABD), also lrnown as The Bexley Homeowners Association. The BABD shall approve or disapprove the application within fourteen (14) days of receipt of a complete set of plans and application. In the event the approval or disapproval is not forthcoming within fourteen (14) days, unless an extension is agreed to by the 5 07SN0211-MAR14-BOS applicant in wrItIng, the application will be deemed approved, and the construction of the applied for improvements may be commenced, provided that all such construction is in accordance with the submitted plans and provided further, that such plans conform in all respects to the other terms and provisions of this Declaration. 5. Approval by the Committee shall not constitute a basis for liability of the members of the Committee, the Committee, or the Owner for any reason, including with the limitation (a) failure of the plans to conform to any applicable building codes or (b) inadequacy or deficiency in the plans resulting in defects in the improvements. 6. The Committee shall be composed of three individuals appointed by BABD also lrnow as The Bexley Homeowners Association. These members may be removed by the BABD with or without cause, and all successors shall be appointed by the BABD as stated above, as long as the Owner has an ownership interest in the Property and thereafter, as the owners of portions of the Property shall determine among themselves. The committee members shall not be entitled to any compensation for their activities hereunder. The committee may designate a representative to act in its behalf, who need not be a member of the Committee, and such representative shall not be entitled to compensation for his activities hereunder. 7. The authority of the Committee hereunder, its procedures and mak:e-up, may be modified or abrogated by covenants and guidelines followed by the BABD which has the sole authority to change the ACC standards and guidelines. C. Restrictions 1. No lot shown on a plat of the subdivision of the Property (lot) shall be used except for residential purposes, and for purposes incidental thereto, except for model homes utilized by builders. Only one residence shall be constructed on a lot; provided, however, that suitable outbuildings and other improvements of the same construction and exterior siding as the main residence may be constructed, if approved by the Committee as hereinbefore provided. 2. No sign of any k:ind shall be displayed to the public view on any lot except one sign of not more than six square feet advertising the lot for sale, or signs used by a builder to advertise the lot during the construction and sales period. 6 07SN0211-MAR14-BOS 3. No trailer, tent, shack:, garage, barn, or other outbuildings erected on any lot shall at any time be used as a residence, temporarily or permanently, and no structure of a temporary character be used as residence. 4. No trailer, camper, recreational vehicle, or boat having a height of five feet or more or truck: having a height of seven feet or more shall be park:ed on the street in front of any residence. Trailers, campers, recreational vehicles, boats, or truck:s of this nature shall not be park:ed over twelve hours in anyone week: on any lot, including any driveway, so as to be visible from any street or other portion of the Property. 5. No motor vehicle shall be park:ed for more than twelve hours in anyone week: on any lot without having a current Virginia or other state license tag. 6. Each primary dwelling shall have a roof which consists of a 40 year dimensional asphalt shingle. Other roof material may be approved at the discretion of the Architectural Control Committee. 7. All driveways shall consist of exposed aggregate concrete, asphalt, or masonry pavement. 8. All mailboxes shall be identical in design and provided by the owner to the original purchaser of any lot and shall remain with the lot when such lot is resold. 9. No animals, livestock:, or poultry of any k:ind shall be raised, bred, or k:ept on any lot, except that dogs, cats, and other household pets may be k:ept, provided (a) they are not raised, bred, or k:ept for commercial purposes and (b) they shall not become an annoyance or nuisance to other lot owners. 10. No obnoxious or offensive activity shall be carried on or allowed upon any portion of the Property, nor shall anything be done thereon that may be or become a nUIsance or annoyance. 11. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste and shall not be k:ept except in sanitary containers maintained in a neat and orderly manner. Equipment for the storage or disposal of such materials shall be k:ept in a clean and sanitary condition in rear yards only. 12. No lot may be subdivided, altered, or modified, except as provided on the subdivision plates) recorded and to be recorded in connection with the development of the Property, provided, however, that the Owner, with the approval of the Committee, shall have the right to re- subdivide, alter, modify, or vacate any subdivision plat, as 7 07SN0211-MAR14-BOS long as no lot shown thereon has been conveyed by the Owners. 13. Each lot shall be maintained free of tall grass, undergrowth, dead trees, weeds, and trash, and generally free of any condition that should decrease the attractiveness of the Property. 14. No lot shall be cleared of trees or defoliated in such a manner as to decrease the attractiveness of the Property. 15. Exterior construction of each dwelling on a lot shall be completed within one year after the commencement thereof. 16. To the extent permitted by law, no exterior radio or television antenna or satellite dish shall be erected on any lot without the Committee's approval. 17. All utility lines shall be buried with the exception of that part of the utility line which normally is located above ground. 18. No lot shall contain or have on it an above- ground swimming pool. 19. The house numbers on the mail box posts will be designed and applied as the Architectural Committee so specifies. 20. A distinctive architectural post lamp will be provided to the original purchaser of any lot and shall be maintained and used continuously for its intended purpose and shall remain with the lot when such lot is resold. 21. Sidewalk:s will be exposed aggregate concrete, brick:, or other masonry products approved by the Committee. No smooth concrete surfaces will be allowed on any exterior areas, except garage aprons. 22. Service yards incorporating heating and air conditioning equipment and trash areas must be approved, properly located, and screened. 23. Front yard setback:s shall be a minimum of 35 feet in depth. Rear yard setback:s shall be a minimum of 25 feet in depth. Side yard setback:s shall be a minimum of 7.5 feet in width. 24. Some homes shall share common driveways. Such driveways shall only be used for ingress and egress or other uses for such driveways as described on the face of the plat. Cars cannot be park:ed in the common driveway and the driveways are not a recreational area and shall not be used as a sport court or playground. No activity shall be conducted in this area which unreasonably interferes with the right of other property owners to enjoy their homes. 8 07SN0211-MAR14-BOS If it becomes necessary to repair common driveways, the owners who use the driveway shall mak:e repairs and adjacent owners utilizing the common driveway shall each bear an equal share of the repairs expenses. If homeowners fail to mak:e timely repairs to driveways, the ACC will determine if the repairs are necessary, give the owners notice of the need to mak:e repairs, and mak:e such repairs and assess the property owners equally for repair costs. 25. No homeowner or resident shall be allowed to rent or sub lease any rooms or portion of the residents. This does not prevent the home owner from renting entire home but does prevent the owner or resident from renting a portion of the home. THE BEXLEY SECTION XVII HOMEOWNER'S ASSOCIATION MEMBERSHIP AND VOTING RIGHTS Section 1 - Every Owner of a lot shall be a member of the Association. Membership shall be appurtenant to, and may not be separated from, ownership of any lot. The association may incorporate or operate as an unincorporated association. Section 2 - The Association shall have one class of voting membership: Class A. Class A members shall be all Owners and shall be entitled to one vote for each lot owned so long as association dues are paid. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as they, among themselves, determine, but in no event shall more than one vote be cast with respect to any lot. COVENANTS FOR MAINTENANCE ASSESSMENTS Section 1- Creation of the Lien and Personal Obligation of Assessments Each lot owner, when a residence has been constructed thereon, hereby covenants by the acceptance and recording of the deed to pay to the Association: 1. Annual assessments or charges, and 2. Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together 9 07SN0211-MAR14-BOS with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property, against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation of delinquent assessment shall pass to his successors in title. Section 2 - Purpose of Assessments The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the properties and for the improvement and maintenance of the Common Area, easements, and appearance of the subdivision. All Class A members may use the common areas, as provided by the rules adopted by the Homeowners' Association. The Association shall pay any real and personal property taxes and other charges assessed against the Common Area. The Association shall maintain adequate liability Insurance. Section 3 - Maximum Annual Assessment Until January 1 st of the year immediately following the conveyance of the first lot to an Owner for a residence, the annual assessment shall be one hundred seventy five dollars $175.00 or as may be changed by the BABD per lot, which has a completed residence thereon, payable on by the 3rd Friday in February each year. (a) From and after January 1 st of the year immediately following the conveyance of the first lot to an Owner/Resident, the maximum annual assessment may be increased each year, not more than 20% above the maximum assessment for the previous year. (b) From and after January 1 st of the year immediately following the conveyance of the first lot to an Owner/Resident, the maximum annual assessment may be increased above 20% for a vote of greater than 500/0 entitled votes of all the votes of each class of members, who are voting in person or by proxy, at a meeting duly called for this purpose. ( c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. 10 07SN0211-MAR14-BOS Section 4 Special Assessments for Capital Improvements In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement, to include easements, improvements, and Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of a majority of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5 - Notice and Quorum for Any Action Authorized Under Sections 3 and 4 Written notice of any meeting called for the purpose of tak:ing any action authorized under Section 3 or 4 shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast greater than 50% of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirements, and the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 6 - Uniform Rate of Assessment Both annual and special assessments must be fixed at a uniform rate for all lots with a residence thereon and will be payable by the 3rd Friday in February each year. A late charge of 20% of each assessment (whether annual or special) shall be levied, if not paid within thirty (30) days from date due. Section 7 - Date of Commencement of Annual Assessments: Due Dates The annual assessments provided for herein shall commence as to each lot when a residence is constructed thereon. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The association shall fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period. Written 11 07SN0211-MAR14-BOS notice of the annual assessment shall be sent to every Owner subject thereto. The due dates may be changed by a majority vote of the Association members. Section 8 - Effect of Non-payment of Assessments: Remedies of the Association Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 10% per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessment provided for herein by non-use of the Common Area or abandonment of his lot. Section 9 - Subordination of the Lien to Mortgages The lien of the assessment provided for herein shall be subordinate to the lien of any mortgage. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot, pursuant to foreclosure, on a mortgage or any proceeding in lien thereof, shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. Notwithstanding, any other provision to the contrary, any assessments, charges, and costs of the maintenance of the Common Areas and easement improvements shall constitute a pro- rata lien upon the individual lots, inferior in lien and dignity only to taxes and bona fide duly-recorded deeds of trust on each lot. (P) GENERAL INFORMATION Location: Southwest line of Hick:s Road, northwest of Dowd Lane and north terminus of Elk:view Drive. Tax IDs 756-692-3087 and 9186; 756-693-7609; and 756-692-Part of2663. Existing Zoning: A 12 07SN0211-MAR14-BOS Size: 13.3 acres Existing Land Use: Vacant Adiacent Zoning and Land Use: North and East - R-15 and A; Single family residential South and West - R-15; Single family residential UTILITIES Public Water System: There is an existing eight (8) inch water line extending along the south side of Hick:s Road, adjacent to this site. In addition, an eight (8) inch water line extends along Elk:view Drive and terminates adjacent to the southern boundary of this site. Use of the public water system is intended. (Proffered Condition 3) Public Wastewater System: There is an existing eight (8) inch wastewater collector line extending along Camelback: Road, approximately 300 feet west of this site. In addition, an eight (8) inch wastewater collector line extends along Elk:view Drive and terminates adjacent to the southeast boundary of this site. However, the sewer line in Elk:view Drive is deep enough to only serve a portion of the request site. Use of the public wastewater system is intended. (Proffered Condition 3) ENVIRONMENT AL Drainage and Erosion: The subject property drains to the southwest towards Camelback: Road, then VIa tributaries to Falling Creek:. There are currently no lrnown on- or off-site erosion problems and none are anticipated after development. There are currently no on-site or off-site drainage problems however; it appears that off-site easements may be required to reach an adequate watercourse. This will be addressed with the submittal of the tentative subdivision. The property is wooded and, as such, should not be timbered without obtaining a land disturbance permit from the Department of Environmental Engineering. This will ensure the adequate erosion control measures are in place prior to any land disturbance. (Proffered Condition 2) 13 07SN0211-MAR14-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 new stations, the Plan also recommends the expansion of five (5) existing stations. Based on twenty-five (25) dwelling units, this request will generate approximately four (4) calls for fire and emergency medical service each year. The applicant has addressed the impact on fire and EMS. (Proffered Condition 7) The Manchester Fire Station, Company Number 2 and the Manchester Volunteer Rescue Squad currently provide fire protection and emergency medical service. When the property is developed, the number of hydrants, quantity of water needed for fire protection, and access requirements will be evaluated during the plans review process. To satisfy the requirements of Section 17-76 of the Subdivision Ordinance, when the cumulative total of homes in a proposed development exceeds fifty (50), a second public road access to all dwellings should be provided. This requirement is necessary to provide emergency vehicle a second access to the homes should the other entrance become block:ed. With the proffered prohibition of access to Hick:s Road, access to the proposed twenty-five (25) lots would be through the adjacent Bexley Subdivision (Reference attached Conceptual Subdivision layout). Currently, this access serves thirty-seven (37) lots within Bexley beyond the intersection of Rams Crossing and Llama Lane. This proposal would result in a maximum of sixty-two (62) lots served by a single point of access prompting the applicant to request relief to street access requirements. The Ordinance states that relief can be granted by the Planning Commission for a maximum of sixty-two (62) lots at the time of zoning if a preliminary tentative plat is submitted with sufficient documentation that clearly demonstrates: A. Existing severe topographic, physical or extenuating circumstance exist so that there is no other practical means of providing another access; and\ B. Financial hardship is not the principal reason for the waiver; or C. Without granting relief to these requirements, traffic on an existing local street will exceed the Planning Commission's Stub Road Policy, as determined by the Director of Transportation. 14 07SN0211-MAR14-BOS Safety issues warrant precluding direct access to Hick:s Road at this location. Long term alternatives for additional access have also been reviewed. Adjacent properties along Hick:s Road may be redeveloped providing additional access opportunity, however, given the existing condition of Hick:s Road with its substandard pavement widths, lack: of shoulders and poor horizontal alignment, the Transportation Department has expressed concern relative to permitting any additional access to Hick:s Road in this immediate area. Access through recorded open space located at the intersection of Camelback: and Broadstone Roads was also reviewed; however, this access would impact an existing cemetery located adjacent to and west of the subject property. It is also questionable as to whether such access would meet minimum separation requirements from this intersection. The Fire Department prefers maximum accessibility to and from developments in an emergency situation, should access be block:ed. However, there are extenuating circumstances in this case that provide for no other practical means of another access to the property. As such, the Fire Department does not oppose relief to street access requirements to permit sixty-two (62) lots off one (1) access. Schools: Approximately thirteen (13) (Elementary: 6, Middle: 3, High: 4) students will be generated by this development. Currently, this site lies in the Davis Elementary School attendance zone: capacity - 674, enrollment - 691; Providence Middle School zone: capacity - 1,089, enrollment - 926; and Monacan High School zone: capacity - 1,692, enrollment - 1,558. The enrollment is based on September 30, 2006 and the capacity is as of 2005-2006. There are currently two (2) trailers at Davis Elementary and three (3) at Providence Middle. This case, combined with other tentative residential developments and zoning cases in the zones, would continue to push these schools to capacity. The applicant has addressed the impact of the development on school facilities. (Proffered Condition 7). Libraries: Consistent with 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. Development would most lik:ely affect the existing La Prade Library or a proposed new library in the Reams/Gordon area. The applicant has addressed the impact of the development on library facilities. (Proffered Condition 7). 15 07SN0211-MAR14-BOS Park:s and Recreation: The Public Facilities Plan identifies the need for three (3) new regional park:s, seven (7) community park:s, twenty-nine (29) neighborhood park:s and five (5) community centers by 2020. In addition, the Public Facilities Plan identifies the need for ten (10) new or expanded special purpose park:s to provide water access or preserve and interpret unique recreational, cultural or environmental resources. The Plan identifies shortfalls in trails and recreational historic sites. The applicant has offered measures to assist in addressing the impact of this proposed development on these park:s and recreational facilities. (Proffered Condition 7) Transportation: The property is located on the south side of Hick:s Road adjacent to the Bexley Cosmopolitan Subdivision. The applicant is requesting rezoning from Agricultural (A) to Residential (R-12) and relief to the street access requirements. Based on the maximum density in Proffered Condition 6.c and trip generation rates for single-family detached housing, development of the property could generate approximately 290 average daily trips. Some of this traffic will be distributed to Hick:s Road, which had a 2005 traffic count of 10,911 vehicles per day. Based on the volume of traffic it carried during peak: hours, Hick:s Road in this area was at capacity (Level of Service E). Some of this traffic will also travel to Hull Street Road (Route 360) which had a 2003 traffic count of 51,717 vehicles per day between Courthouse Road and Hick:s Road and was functioning at an acceptable level (Level of Service D). Hick:s Road is classified as a major arterial on the county's Thoroughfare Plan with a recommended right-of-way width of ninety (90) feet. The applicant has proffered to dedicate forty-five (45) feet of right-of-way along Hick:s Road adjacent to the property, measured from the centerline of the road, in accordance with that Plan. (Proffered Condition 4) Access to major arterials, such as Hick:s Road, should be controlled. The applicant has proffered that no direct access will be provided from the property to Hick:s Road. (Proffered Condition 5) The traffic impact of this development must be addressed. The applicant has proffered to contribute cash, in an amount consistent with the Board of Supervisors' policy, towards mitigating the traffic impact of this request. (Proffered Condition 7) 16 07SN0211-MAR14-BOS Financial Impact on Capital Facilities: PER UNIT Potential Number of New Dwelling Units 25* 1.00 Population Increase 68.00 2.72 Number of New Students Elementary 5.83 0.23 Middle 3.25 0.13 High 4.231 0.171 TOTAL 13.30 0.53 Net Cost for Schools $133,700 $5,348 Net Cost for Park:s 15, 1 00 604 Net Cost for Libraries 8,725 349 Net Cost for Fire Stations 10,125 405 Average Net Cost for Roads 223,550 8,942 TOTAL NET COST $391,200 $15,648 * Based on a proffered maximum yield of twenty-five (25) lots (Proffered Condition 6.c.). The actual number of lots and corresponding impact may vary. As noted, this proposed development will have an impact on capital facilities. Staff has calculated the fiscal impact of every new dwelling unit on schools, roads, park:s, 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 7) 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 Northern Area Plan which suggests the property is appropriate for medium density residential use of 1.51 to 4.0 units per acre. The Plan is currently being revised. 17 07SN0211-MAR14-BOS Area Development Trends: Area properties to the south and west are developed as part of the Bexley Subdivision. Properties to the north and east are occupied by single family dwellings on acreage parcels. It is anticipated that any residential redevelopment in the immediate vicinity will be consistent with the densities recommended by the Plan. Zoning History: On June 7, 2006, the Board of Zoning Appeals denied three variances to permit a dwelling unit on each of the three (3) subject parcels without the required frontage on a state-maintained right of way. (Cases 06AN0252, 06AN0253 and 06AN0254) Comparison of Area Lot Sizes and Densities: Elk:view Drive, which serves the Bexley Cosmopolitan Phase VII Subdivision, is proposed to serve the subject property. In an effort to address compatibility with the Bexley Cosmopolitan Phase VII Subdivision, proffered conditions address the average lots size and density for any lots that have sole access through that development. (Proffered Condition 6.a and 6.b) Density of the development shall be limited to twenty-five (25) lots. (Proffered Condition 6.c) Side Yard Setback:s: The applicant has requested a reduction in the side yard setback: requirement from ten (10) feet to seven and one-half (7.5) feet to accommodate access to side and rear loaded garages (Proffered Condition 1 -Textual Statement). This reduction is consistent with that approved for the adjacent Bexley Cosmopolitan Subdivision. Restrictive Covenants: Recordation of restrictive covenants has been proffered. It should be noted that the County will only ensure the recordation of the covenants and will not be responsible for their enforcement. Once recorded, the covenants may be changed. (Proffered Condition 8) CONCLUSIONS The proposed zoning and land uses conform to the Northern Area Plan which suggests the property is appropriate for medium density residential use of 1.51 to 4.0 units per acre. The proffered conditions adequately address the impacts of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs for roads, schools, park:s, libraries and fire stations is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program, and the impact of this development is 18 07SN0211-MAR14-BOS discussed herein. The proffered conditions mitigate the impact on capital facilities, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. Given these considerations, approval of the rezoning (Request I) is recommended. A second access for more than fifty (50) lots promotes accessibility to and from the development in an emergency situation should one (1) access be block:ed. This case identifies extenuating circumstances in accordance with the provision of the Subdivision Ordinance that provide for no other practical means of a second access. Given these considerations, approval of the relief to street access requirements (Request II) is recommended. CASE HISTORY Applicant (2/14/07): Revisions to the Textual Statement were submitted. Planning Commission Meeting (2/20/07): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Gulley, seconded by Mr. Bass, the Commission recommended approval and acceptance of the proffered conditions on pages 2 through 12 AYES: Messrs. Geck:er, Gulley, Bass, Litton and Wilson. The Board of Supervisors, on Wednesday, March 14, 2007, beginning at 6:30 p.m., will tak:e under consideration this request. 19 07SN0211-MAR14-BOS This page is blank:. KIDD AND CO., INC. Case No. 07SN0211 Textual Statement December 14, 2006 Revised: January 23, 2007 This is a request to rezone the entire Property to R-12 with a Conditional Use Planned Development (CUPD) that will permit a reduction in the side yard setback:s to allow for flexibility in placement of the house and driveway due to restrictive covenants that only permit side and/or rear loading garages. Bulk: Exceptions. A. R-12 Lots 1. Side Yard. Two side yards, each a minimum of 7.5 feet in width. 20 07SN0211-MAR14-BOS This page is blank:. :-~LF!-' ....~. "'" ~ )jL .' .. -}l ;,C .~ l ..~ . ~. ",.~ jII ,! ~ I I~ i( ,.... · ~I..!.. ~., ~.I '!I: I ~ ,~ z. ...., :~ " :' ! "- ,'\. 1L. , - I __ ...,Je'F 1 ~~ _~-~ r no mo.<;:DI' --- oIJi' -. .1.- _ . ~ !' ~ I; ~ FI p)~. '$ ~ ~ ~~': ~"m".'U~r .-tt. ' - ... 'If , -. ~ _4 _ _ ' f'o""- -j~ I . I. 'I!: .~ ~4 :O<l: .- .;:to,;;- -.. 'II ,~ orc-,';' &: A ., ,~tl c :,r~~' . ,'to - .:".4 .,~t~ - ~! "~ 11~, ~~'-~ ,- ," ~ ~. ; l .... ... '.' 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