07SN0136
NO~/ember 16, 2006 CPC
January 16,2007 CPC
February 20, 2007 CPC
1^1pril 17, 2007 CPC
May 23,2007 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
07SN0136
(AMENDED)
Pristine Development LLC
Matoaca Magisterial District
Grange Hall Elementary, Swift Creek Middle and Cosby High Schools Attendance Zones
North line of Duval Road
REQUESTS:
I. Rezoning from Agricultural (A) to Residential (R-12) plus Conditional Use
Planned Development to permit exceptions to Ordinance requirements.
II. Waiver to street connectivity requirements between northern and southern
portions of the development across the perennial stream.
PROPOSED LAND USE:
A single-family residential subdivision is planned. The applicant has agreed to
limit density to two (2) units per acre, yielding a maximum of 378 dwelling units
with a minimum lot size of 6,000 square feet (Proffered Condition 4). A waiver
to street connectivity requirements between portions of the development across a
perennial stream is requested.
PLANNING COMMISSION RECOMMENDATION
I. RECOMMEND APPROVAL OF THE REZONING AND ACCEPTANCE OF THE
PROFFERED CONDITIONS ON PAGES 2 THROUGH 6.
AYES: MESSRS. GECKER, LITTON AND WILSON.
NAY: MR. BASS.
ABSTENTION: MR. GULLEY.
Providing a FIRST CHOICE commnnity through excellence in public service
II. RECOMMEND APPROVAL OF THE WAIVER TO STREET CONNECTIVITY.
AYES: MESSRS. GECKER, GULLEY, BASS, LITTON AND WILSON.
STAFF RECOMMENDATION
Request I:
Recommend approval of the rezoning for the following reasons:
A. The proposed zoning and land uses conform to the Upper Swift Creek
Plan which suggests the property is appropriate for single family
residential use of2.0 units per acre or less.
B. The proffered conditions adequately address the impacts of this
development on necessary capital facilities, as outlined in the Zoning
Ordinance and Comprehensive Plan. Specifically, the needs for roads,
schools, parks, libraries and fire stations is identified in the Public
Facilities Plan, the Thoroughfare Plan and the Capital Improvement
Program, and the impact of this development is 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 denial of the waiver to street connectivity requirements between
portions of the development for the following reason:
The evaluation of the Policy criteria for granting such relief necessitates design
details that can best be provided through the subdivision review process.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY
A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A
"CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION.)
PROFFERED CONDITIONS
The applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950)
(as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or
assigns (the "Applicant"), proffers that the property under consideration (the "Property") will be
developed according to the following proffers if, and only if, the rezoning request submitted
herewith is granted with only those conditions agreed to by the Applicant. In the event this
request is denied or approved with conditions not agreed to by the Applicant, the proffers shall
immediately be null and void and of no further force or effect:
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(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
1.
Master Plan. The textual statement dated December 27, 2006 shall
be considered the Master Plan. (P)
2.
Timbering. Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead or
diseased trees, there shall be no timbering on the Property until a
land disturbance permit has been obtained from the Environmental
Engineering Department and the approved devices have been
installed. (EE)
3.
Public Water and Wastewater. The public water and wastewater
systems shall be used. (U)
4.
Density. The total number of residential dwelling units on the
Property shall not exceed two (2) units per acre. (P)
5.
Impacts on Capital Facilities. The Applicant, subdivider, or
assignee(s) ("Developer") shall pay the following to the County of
Chesterfield for infrastructure improvements within the service
district for the property:
a. For each of the first 175 building permits within the
Property, in addition to any transportation improvements in
accordance with proffered condition 8c, the following
payment shall be made prior to issuance of each building
permit:
i) If payment is made prior to July 1, 2007, $6,685.00
per dwelling unit. At time of payment, $6,685.00
will be allocated pro-rata among the facility costs as
follows: $602.00 for parks and recreation, $348.00
for library facilities, $404.00 for fire stations, and
$5,331.00 for schools; or
ii) If payment is made after June 30, 2007, the amount
approved by the Board of Supervisors not to exceed
$6,685.00 per dwelling unit pro-rated as set forth in
Proffered Condition 5(a)(i) above and 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.
b. For each building permit within the Property in excess of a
cumulative total of 175, the payment shall be as follows:
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07SN0136-1v1A Y23-BOS
(STAFF/CPC)
i) If payment is made prior to July 1, 2007,
$15,600.00 per dwelling unit. At time of payment,
$15,600.00 will be allocated pro-rata among the
facility costs as follows: $602.00 for parks and
recreation, $348.00 for library facilities, $8,915.00
for roads and $404.00 for fire stations and
$5,331.00 for schools; or
ii) If payment is made after June 30, 2007, the amount
approved by the Board of Supervisors not to exceed
$15,600.00 per dwelling unit pro-rated as set forth
in Proffered Condition 5(b )(i) above and 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.
iii) Payment for any roads portion of this cash proffer
shall be made for each lot prior to recordation of the
subdivision section in which the lot is located.
Payment for the remainder of the cash proffer for
each lot shall be made prior to issuance of the
building permit for that lot.
c. In the event the transportation improvements specified in
proffered condition 8c are provided, not by the Developer,
but by others, as determined by the Transportation
Department, then, notwithstanding the provisions of
Proffered Condition 5a, for each building permit within the
Property, regardless of the cumulative number of building
permits, payments shall be made in accordance with
Proffered Conditions 5b(i), 5b(ii), and 5b(iii) above.
d. Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law.
e. If Chesterfield County imposes impact fees at any time
during the life of the development that are applicable to the
Property, the amount paid in cash proffers shall be in lieu
of or credited toward, but not in addition to, any impact
fees, in a manner as determined by the County. (B & M)
6.
Road Dedication. Prior to or in conjunction with recordation of the
initial subdivision plat, or within sixty (60) days from a written
request by the Transportation Department, whichever occurs first,
forty-five (45) feet of right-of-way on the north side of Duval
Road, measured from the centerline of that part of Duval Road
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(STAFF/CPC)
(STAFF/CPC)
immediately adjacent to the Property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield County. (T)
7.
Vehicular Access to Duval Road. Direct vehicular access from the
Property to Duval Road shall be limited to two (2) public roads.
The exact locations of these accesses shall be approved by the
Transportation Department. (T)
8.
Road Improvements. To provide an adequate roadway system, the
Developer shall provide the following road improvements in
accordance with a phasing plan approved by the Transportation
Department:
a. Construction of additional pavement along Duval Road at
each public road intersection to provide right and left turn
lanes into the Property, based on Transportation
Department standards.
b. Widening/improving the north side of Duval Road to an
eleven (11) foot wide travel lane, measured from the
centerline of the existing pavement, with an additional one
(1) foot wide paved shoulder plus a seven (7) foot wide
unpaved shoulder and overlaying the full width of Duval
Road with one and one-half (1.5) inches of compacted
bituminous asphalt concrete, with modifications approved
by the Transportation Department, for the entire Property
frontage.
c. Reconstruction of two lanes of Otterdale Road to VDOT
Urban Minor Arterial (50mph) standards, with any
modifications approved by the Transportation Department,
from point A to point B as shown on Exhibit A, prepared
by Barthol Design Associates and dated February 19, 2007.
The exact location, design, and length of this improvement
shall be approved by the Transportation Department.
d. Dedication to Chesterfield County, free and unrestricted, of
any additional right-of-way (or easements) required for the
improvements identified above. In the event the Developer
is unable to acquire the "off-site" right-of-way that is
necessary for such improvements, the Developer may
request, in writing, that the County acquire such right-of-
way as a public road improvement. All costs associated
with the acquisition of the right of way shall be borne by
the Developer. In the event the County chooses not to
assist the Developer in acquisition of the "off-site" right-of-
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(STAFF/CPC)
(STAFF/CPC)
Location:
way, the Developer shall be relieved of the obligation to
acquire the "off-site" right-of-way, and only provide road
improvements that can be accommodated within available
right-of-way, as determined by the Transportation
Department. (T)
9.
Phasing Plan for Road Improvements. Prior to any construction
plan approval, a phasing plan for the improvements identified in
proffered condition 8 shall be submitted to and approved by the
Transportation Department. The approved phasing plan shall
require, among other things, completion, as determined by the
Transportation Department, of the improvement identified in
proffered condition 8c prior to the issuance of any building
permits. (T)
10.
Drainage. The Applicant shall make necessary improvements
downstream of the culverts under Otterdale Road that carry the
stream draining the Property such that those culverts will be fully
functional to allow the normal stream to flow through them;
provided that, if the Applicant submits documentation acceptable
to Environmental Engineering indicating that, construction of such
downstream improvements would not be sufficient to prevent
flooding of that section of Otterdale Road as a result of a 10 year
storm, then the Applicant shall, inlieu of such downstream
improvements, design and construct stormwater facilities so that
the 10 year post-development storm is retained on the Property and
released at the 2 year pre-development rate. (EE)
GENERAL INFORMATION
North line of Duval Road, west of Otterdale Road. Tax IDs 704-678-Part of 4771 and
705-680-3057.
Existing Zoning:
A
Size:
189 acres
Existing Land Use:
Single family residential
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Adiacent Zoning and Land Use:
North - R-12 with Conditional Use Planned Development; Vacant
South - R-9, R-12 and A; Single family residential or vacant
East - A; Single family residential or vacant
West - R-9 with Conditional Use Planned Development; Vacant
UTILITIES
Public Water System:
There is an existing sixteen (16) inch water line that extends along the south side of
Otterdale Road and terminates approximately 400 feet southwest of Broadmoore Road,
adjacent to Otterdale Park Subdivision. The Westerleigh development proposes to extend
this sixteen (16) inch water line along Otterdale Road approximately 1,000 feet to serve that
development. To bring public water to the request site, an off-site extension of
approximately 5,200 feet of sixteen (16) inch water line along Otterdale Road and a further
extension of 3,000 feet of sixteen (16) inch water line along Duval Road will be required.
The future boundary between the proposed Grange Hall Water Pressure Zone and the
existing Clover Hill Water Pressure Zone could pass adjacent to this site. The County's
Water/Wastewater Facilities Plan propose that a supplemental water tank for the Clover Hill
Water Pressure Zone to be constructed in this vicinity. Use of the public water system is
recommended by the Upper Swift Creek Plan. (Proffered Condition 3)
Per Utilities Department Design Specifications (DS-21), wherever possible, two (2) supply
points shall be provided for subdivisions containing more than twenty-five (25) lots.
Public Wastewater System:
This site is in the Deep Creek - Horsepen Creek drainage basin. There is an existing thirty-
six (36) inch wastewater trunk line along a portion of Deep Creek that terminates adjacent to
Fox March Drive in Foxfire Subdivision, approximately 8,800 feet from this site. Plans by
Timmons (County project number: 00-0383) propose extending a thirty-six (36) inch
wastewater trunk line along Deep Creek in conjunction with the development of Magnolia
Green. A portion of this line, approximately 2,600 feet, is proposed for installation with the
Westerleigh development, but construction has not begun. The County's Water/Wastewater
Facilities Plan calls for a future twenty-four (24) inch wastewater trunk line to be run along
Horsepen Creek. Public wastewater service to this development will require an off-site
extension of approximately 6,400 feet of thirty-six (36) inch trunk line along Deep Creek
and 2,400 feet of twenty-four (24) inch trunk line along Horsepen Creek. Use of the public
wastewater system is recommended by the Upper Swift Creek Plan (Proffered Condition 3).
To facilitate future development up-stream of this site, it is anticipated that the developer
will be required to extend the public wastewater system along Horsepen Creek to the
western boundary of this site.
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ENVIRONMENT AL
Drainage and Erosion:
The subject property is divided into one-third, two-thirds by a large perennial stream that
drains into Horsepen Creek and ultimately into Swift Creek Reservoir. There are
currently no on-site drainage or erosion problems and none are anticipated at this time.
Off-site, there are currently no known erosion problems; however, Otterdale Road
approximatel y 1,700 feet downstream of thi s property experi ences severe fl ooding in
very low frequency storms and the road becomes impassable. Development of this
property will drastically aggravate the frequency and severity of the flooding of Otterdale
Road. The double line of pipes under Otterdale Road, measuring approximately fifty-
four (54) inches each, are approximately eighty-five (85) percent filled with water at all
times causing Otterdale at this location to flood on extremely low frequency storms. This
zoning request makes up approximately ten (10) percent of the watershed that drains in
this direction. The other ninety (90) percent that drains in this direction is mostly zoned.
Typically, Environmental Engineering requests proffers of various storage and release
rate combinations to improve or protect roads or residents from flooding. This case is
unique in that Otterdale Road floods more often than most roads due to the non-
functioning large culverts. This area is also somewhat isolated and any of the roads that
become impassable require a longer route to get around. The applicant has proffered to
either make improvements to ensure fully functional culverts under Otterdale Road or to
retain water on-site. The Department of Environmental Engineering would only support
retention after documented effort that allowing normal stream flow through the culverts
would require extensive downstream work and, if permitted, this work would not
alleviate the existing conditions that cause Otterdale Road to flood on a 10 year storm.
(Proffered Condition 10)
The property is currently wooded and, as such, should not be timbered without obtaining
a land disturbance permit from the Department of Environmental Engineering. This will
insure that adequate erosion control measures are in place prior to timbering. (Proffered
Condition 2)
Water Quality:
The property lies within the Swift Creek Watershed and as such will be subject to
Ordinance requirements relative to water quality.
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.
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Fire Service:
The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls
are expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6)
new fire/rescue stations are recommended for construction by 2022 in the Plan. In
addition to the six (6) new stations, the Plan also recommends the expansion of five (5)
existing stations. Based on 378 dwelling units, this request will generate approximately
thirty-five (35) calls for fire and emergency medical service each year. The applicant has
addressed the impact on fire and EMS. (Proffered Condition 5)
The Clover Hill Fire Station, Company Number 7, and Manchester Volunteer Rescue
Squad currently provide fire protection and emergency medical service. When the
property is developed, the number of hydrants, quantity of water needed for fire
protection, and access requirements will be evaluated during the plans review process.
The applicant has requested not to make a street connection between the northern and
southern portions of the development across a perennial stream. In an emergency
situation, this connection would benefit both the applicant's project and future
surrounding developments. The Fire Department continues to support connectivity
between subdivisions so that multiple access points are available to assist in an
emergency response.
Schools:
Approximately 200 students, (Elementary: 87, Middle: 49 and High: 64) will be
generated by this development. Currently this site lies in the Grange Hall Elementary
School attendance zone: capacity - 828, enrollment - 812; Swift Creek Middle School
zone: capacity - 1,027, enrollment - 1,483; and Cosby High School zone: capacity -
1,750. The enrollment is based on September 30, 2005 and the capacity is as of 2005-
2006. There are currently four (4) trailers at Grange Hall and seventeen (17) trailers at
Swift Creek Middle.
A new elementary school is scheduled to open in 2007 and a new middle school is
scheduled to open in 2008. The new elementary school will provide relief for Grange
Hall and Spring Run Elementary Schools, and the new middle school will provide relief
for Swift Creek and Midlothian Middle Schools. The new Cosby High School opened
this fall. This school will provide relief for Clover Hill and Manchester High Schools.
This area of the county continues to experience growth and these schools, will provide
much needed space. The applicant has addressed the impact of the development on
schools. (Proffered Condition 5)
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Libraries:
Consistent with Board of Supervisors policy, the impact of development on library
services is assessed countywide. Based on projected population growth, Public Facilities
Plan identifies a need for additional library space throughout the County.
Development of the property noted in this case could affect the Clover Hill Library, a
proposed new library in the vicinity of Beach and Winterpock roads, or a proposed new
library in the vicinity of the Powhite Parkway and Genito Road. The need for the two (2)
new libraries is identified in the Plan. The applicant has addressed the impact on library
facilities. (Proffered Condition 5)
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) new regional parks, seven (7)
community parks, twenty-nine (29) neighborhood parks and five (5) community centers
by 2020. In addition, the Public Facilities Plan identifies the need for ten (10) new or
expanded special purpose parks to provide water access or preserve and interpret unique
recreational, cultural or environmental resources. The Plan identifies shortfalls in trails
and recreational historic sites.
The applicant has offered measures to assist in addressing the impact of this proposed
development on these parks and recreational facilities. (Proffered Condition 5)
Transportation:
The property (189 acres) is currently zoned Agricultural (A) and is located on Duval
Road just west of Otterdale Road. The applicant is requesting rezoning from Agricultural
(A) to Residential (R-12) and has proffered a maximum density of two (2) units per acre
(Proffered Condition 4). Based on single-family trip rates, development of the property
could generate approximately 3,500 average daily trips (ADT). These vehicles will
initially be distributed to Duval Road, which had a 2003 traffic count of 240 vehicles per
day and was functioning at an acceptable level (Level of Service A). Much of this traffic
will also travel along Otterdale Road, which had a 2006 traffic count of 1,556 vehicles
per day between Duval Road and Genito Road. Based on the volume of traffic it carried,
Otterdale Road in this area was functioning at an acceptable level. (Level of Service C)
The Thoroughfare Plan identifies Duval Road as a major arterial 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 adj acent to the property in accordance with the Plan. (Proffered
Condition 6)
Access to major arterials and collectors, such as Duval Road, should be controlled. The
applicant has proffered that direct access from the property to Duval Road will be limited
to two (2) public roads. (Proffered Condition 7)
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The traffic impact of this development must be addressed. The applicant has proffered
to: 1) construct additional pavement along Duval Road at each public road intersection to
provide right and left turn lanes based on Transportation Department standards; 2)
reconstruct Duval Road for the entire property frontage to provide an eleven (11) foot
wide travel lane, a one (1) foot paved shoulder and a seven (7) foot unpaved shoulder; 3)
overlay the full width Duval Road; and 4) dedicate any additional right-of-way required
for these improvements (Proffered Condition 8). It is anticipated that right and left turn
lanes will be warranted. The developer may have to acquire some off-site right-of-way to
provide these improvements.
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. Traffic generated by this development will travel along
Otterdale Road. Sections of Otterdale Road have little or no shoulders, fixed objects
adjacent to the edge of pavement, and poor vertical and horizontal alignments. The
applicant has proffered to contribute cash, in an amount consistent with the Board of
Supervisors' Policy, towards mitigating the traffic impact of this development (Proffered
Condition 5.b). The applicant has also proffered to reconstruct a substandard curve on
Otterdale Road just north of the Summer Lake subdivision for an equivalent cash proffer
payment credit (Proffered Condition 8.c). Proffered Condition 9 requires this
improvement to be completed prior to the issuance of any building permits on the
property. This reconstruction will serve the proposed residential development as well as
other traffic traveling along Otterdale Road.
Specifically, instead of paying the transportation component of the cash proffer for the
initial 175 units, the applicant has proffered that, prior to the issuance of any building
permits, Otterdale Road will be reconstructed from point A to point B as shown on
Exhibit A. Staff calculated the value of the road construction to be approximately
equivalent to $1,560,000 of cash proffers based on information provided by the applicant
and limited construction estimates from other projects. The actual cost of this
construction cannot be determined until the work is completed and may be more or less
than this estimated amount. If these improvements are provided by others (i.e. a public
project) then the applicant will pay the cash, in an amount consistent with the Board of
Supervisors' Policy, towards mitigating the traffic impact.
In order to reconstruct this section of Otterdale Road, significant, off-site right-of-way (or
easements) will have to be acquired. Specifically, the rear yards of the Hunters Ridge
subdivision will be significantly impacted. According to Proffered Condition 8.d, if the
developer needs off-site right-of-way for any of the proffered road improvements,
including reconstruction of the curve on Otterdale Road, and is unable to acquire it, the
developer may request the county to acquire the right-of-way as a public road
improvement. If the county chooses not to assist with the right-of-way acquisition, the
developer will not be obligated to acquire the off-site right-of-way and will only be
obligated to construct road improvements within available right-of-way.
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07SN0136-1v1A Y23-BOS
Cash proffers alone will not cover the cost of the road improvements needed in this area.
There are no projects in this area included in the VDOT Six-Year Improvement Program.
The county is funding a project at the intersection of Otterdale Road and Genito Road.
Sight distance improvements for the intersection and shoulder improvements for Genito
Road are planned. Construction is anticipated in Spring 2008.
During tentative subdivision review, specific recommendations will be provided
regarding the proposed internal street network and stub roads to adjacent properties.
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 378* 1.00
Population Increase 1028.16 2.72
Number of New Students
Elementary 88.07 0.23
Middle 49.14 0.13
High 63.88 0.17
TOTAL 201.10 0.53
Net Cost for Schools 2,021,544 5,348
Net Cost for Parks 228,312 604
Net Cost for Libraries 131,922 349
Net Cost for Fire Stations 153,090 405
Average Net Cost for Roads 3,380,076 8,942
TOTAL NET COST $5,914,944 $15,648
*Based on a proffered maximum yield of two (2) dwelling units per acre (Proffered Condition 4).
The actual number of dwelling units and corresponding impact may vary.
As noted, this proposed development will have an impact on capital facilities. Staff has
calculated the fiscal impact of every new dwelling unit on schools, roads, parks, libraries, and
fire stations at $15,648 per unit. The applicant has been advised that a maximum proffer of
$15,600 per unit would defray the cost of the capital facilities necessitated by this proposed
development.
For each of the first 175 dwelling units, the applicant has offered cash to assist in defraying the
cost of this proposed zoning on school, library, park, and fire station facilities. To address the
development's impact on road facilities, the applicant has offered road improvements equivalent
to the development's transportation impact. For each recorded lot in excess of a cumulative of
175, the applicant has offered cash with the provision that a sum equal to $8,915 times the
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07SN0136-1v1A Y23-BOS
number of lots in each subdivision section, as adjusted upward by any increase in the Marshall &
Swift Building Cost Index, shall be paid prior to recordation of the subdivision section in which
the lot is located. The proffers, as offered in this case, adequately address the development's
impact on capital facilities. (Proffered Condition 5)
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 Upper Swift Creek Plan which suggests the property is
appropriate for single family residential use of 2.0 units per acre or less.
The Upper Swift Creek Plan Amendment is currently under review. The draft Plan, as
recommended by Staff, also suggests residential development of 2.0 units per acre or less.
Area Development Trends:
Properties to the north are vacant, but are zoned for single-family development and are
under subdivision plan review as part of the Westerleigh Subdivision development.
Properties to the south and east are zoned Residential (R-9 and R-12) and Agricultural
(A) and are occupied by single family dwellings on acreage parcels or are currently
vacant. Property to the west is zoned for a mixed use development commonly known as
Magnolia Green. Residential development at densities consistent with the Plan is
expected to continue in this area.
Site Design:
The proposed development consists of single family residential uses to include a
maximum of ninety-five (95) cluster homes, as discussed herein. If the property is
developed for these two (2) dwelling types, the Textual Statement requires the
submission of a conceptual plan to either the Planning Commission or the Planning
Department for approval. At the time of review of a conceptual plan, conditions may be
imposed to insure land use compatibility and transition. (Textual Statement 1)
Density:
A maximum of 2.0 dwelling units per acre has been proffered, yielding an overall
maximum of378 dwelling units. (Proffered Condition 4)
Cluster Homes:
A maximum of ninety-five (95) cluster homes are proposed on individual lots having a
minimum of 6,000 square feet. The density for any cluster development would be limited
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to six (6) units per acre. Other standards include sidewalks, street trees, hardscaped
driveways, garage placement and focal point. These requirements are consistent with
those typically required by the Commission and Board on similar cluster projects recently
approved. (Textual Statement 2)
All buffers required will be recorded within open space. (Textual Statement 2.e)
Recreation Areas and Open Spaces:
Within each of the cluster home developments, a minimum of .75 acres of open space
would be located as a focal point. The applicant may also provide active and passive
recreation areas within any portion of the development. The Textual Statement provides
for restrictions to minimize the impact of these recreational uses on surrounding
residential uses. (Textual Statement 3)
Within the cluster home developments, where lot areas are reduced below the minimum
12,000 square feet, the Ordinance will require that comparable amount of square footage
be placed in open space.
Street Connectivity:
An exception to the "Residential Subdivision Connectivity Policy" is requested so as to
preclude any road connection between the northern and southern portions of the project
across a perennial stream. In addition to promoting fire and emergency services safety,
subdivision road connections provide interconnectivity between residential
developments, thereby reducing congestion along collector and arterial roads and
providing a convenient and safe access to neighboring properties.
The "Policy" allows the Board, through the Commission's recommendation, to waive the
requirement for new streets to connect to undeveloped land. Staff must evaluate this
waiver based upon four (4) criteria: (1) the undeveloped property at that location has
development constraints such as but not limited to, wetlands, topographic features, size,
etc.; or (2) a through street is not required to conform to access requirements in the
Subdivision Ordinance; or (3) the street connection creates a violation of the Planning
Commission's Stub Road Policy; or (4) the connection would provide sole access to non-
residential property.
Without additional design information relative to the road layout and potential location of
the stream crossing, staff cannot determine if the criteria for granting such a waiver can
be met. Therefore, it is recommended that consideration of this waiver be evaluated
during the plans review process when more detail is available. It should also be noted
that the current approved tentative subdivision plan for property to the north, known as
Westerleigh Subdivision, does not provide a stub road connection into the northern
portion of the subject property.
14
07SN0136-1v1A Y23-BOS
CONCLUSIONS
The proposed zoning and land use comply with the Upper Swift Creek Plan which suggests the
property is appropriate for single family residential use of 2.0 units per acre or less. Further, the
proffered conditions adequately address the impacts of this development on necessary capital
facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs
for roads, schools, parks, libraries and fire stations is identified in the Public Facilities Plan, the
Thoroughfare Plan and the Capital Improvement Program, and the impact of this development as
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.
The application fails to address connectivity between the northern and southern portions of the
development across the perennial stream per the Board's adopted "Residential Subdivision
Connectivity Policy", as discussed herein. Evaluation of the Policy criteria for granting such
relief necessitates design detail that can best be provided through the subdivision review process.
Given these considerations, denial of the waiver to connectivity (Request II) is recommended.
CASE HISTORY
Planning Commission Meeting (11/16/06):
At the request of the applicant, the Commission deferred this case to January 16,2006.
Staff (11/20/06):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than November 22, 2006, for consideration at the
Commission's January 16,2006, public hearing.
Also, the applicant was advised that a $250.00 deferral fee must be paid prior to the
Commission's public hearing.
Applicant (12/1/06):
Revised proffered conditions and Textual Statement were submitted.
15
07SN0136-1v1A Y23-BOS
Staff (12/27/06):
A revised Textual Statement was submitted.
Staff (12/29/06):
To date, the deferral fee has not been paid.
Applicant (1/16/07):
Revised proffered conditions were submitted and the deferral fee was paid.
Planning Commi ssi on Meeting (1/16/07):
At the request of the applicant, the Commission deferred this case to their February 20,
2007, meeting.
Staff (1/17/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than January 22, 2007, for consideration at the
Commission's February 2007, public hearing. In addition, the applicant was advised that
a $500.00 deferral fee must be paid prior to the Commission's public hearing.
Applicant (1/22/07):
The deferral fee was paid.
Applicant (2/2/07 and 2/9/07):
Revised proffered conditions were submitted.
Planning Commission Meeting (2/20/07):
On their own motion, the Commission deferred this case to April 17, 2007.
16
07SN0136-1v1A Y23-BOS
Staff (2/21/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than February 26, 2007, for consideration at the
Commissions' April public hearing.
Applicant (4/9/07 and 4/10/07):
Revised proffered conditions and Exhibit A were submitted.
Planning Commi ssi on Meeting (4/1 7 /07):
The applicant accepted the recommendation. There was opposition present. Concerns
were expressed relative to the impact on schools, parks and roads.
Mr. Bass indicated that proposed capital improvements for schools will assist in current
overcrowding problems; however, due to the condition of Otterdale Road, he could not
support further development until the road is improved.
Mr. Bass made a motion to deny the rezoning. His motion was seconded by Mr. Gulley.
Discussion ensued relative to the proffers being offered by the applicant for
improvements to Otterdale Road and water quality. The applicant agreed to withdraw the
recent Ordinance Amendments. The vote on Mr. Bass's motion was as follows:
AYES: Mr. Bass
NAYS: Messrs. Gecker, Litton and Wilson.
ABSTENTION: Mr. Gulley
Due to a lack of a majority, the motion failed.
On motion of Mr. Wilson, seconded by Mr. Litton, the Commission recommended
approval of the rezoning and acceptance of the proffered conditions on pages 2 through 6.
AYES: Messrs. Gecker, Litton and Wilson.
NAY: Mr. Bass
ABSTENTION: Mr. Gulley
On motion of Mr. Wilson, seconded by Mr. Litton, the Commission recommended
approval of the waiver to connectivity requirements.
AYES: Messrs. Gecker, Gulley, Bass, Litton and Wilson.
17
07SN0136-1v1A Y23-BOS
Applicant (4/23/07):
As discussed at the Commission meeting, the proffered condition relative to water quality
was withdrawn.
The Board of Supervisors, on Wednesday, May 23,2007, beginning at 6:30 p.m., will take under
consideration this request.
18
07SN0136-1v1A Y23-BOS
December 27,2006
Pristine Development LLC
Textual Statement
This is a request to rezone 189 acres of Property to R-12 with Conditional Use
Planned Development (CUPD) that will permit uses permitted in the Residential (R-12)
District, cluster homes, and active and passive recreation.
1. Mixing of Uses. Within the Property there shall be no "mixing" of residential
uses (e.g., if the Property is to be developed for Residential (R-12) uses, all of the
Property shall be developed for Residential (R-12) uses); provided, however, the
mixing of uses may be permitted if a conceptual plan is submitted for review and
approval and the conceptual plan addresses land use transitions and compatibility
between uses within the Property itself as well as with adjacent properties.
Consideration of land use compatibility and transitions may include, but not
necessarily be limited to, the exact location of uses, buffers, and site design. Such
conceptual plan shall be approved by either the Planning Commission or the
Planning Department, at the election of the developer, and such review shall be
subject to appeal in accordance with provisions of the Zoning Ordinance for site
plan appeal.
2. Standards Applicable to Cluster Homes.
a. Lot Size. The minimum lot size shall be six thousand (6,000) square feet
in area and a width of fifty (50) feet.
b. Maximum Number of Cluster Homes. The maximum number of cluster
homes shall not exceed ninety five (95) units.
c. Yards. For principal structures, front, corner/side, and rear yards shall
have a minimum depth of twenty-five (25) feet. Accessory structures shall
have front and corner side yards no closer than the front or corner side
yards of the dwelling units.
d. Sidewalks. Sidewalks shall be provided that facilitate pedestrian access
within the cluster home development, to any recreational areas serving the
cluster home development, and to sidewalks in an adjacent section of the
overall project that are required under the County's Residential Sidewalk
Policy. The exact location and design of the sidewalks shall be
determined by the County at the time of tentative subdivision review;
provided, however, that, unless otherwise approved by the Planning
Commission at time of subdivision review upon a determination that an
alternative system will accomplish the spirit and intent of this requirement,
sidewalks shall be installed on those portions of both sides of all roads that
have cluster homes fronting on the road.
December 27,2006
e. Buffers. Buffers required by the Subdivision Ordinance along roads shall
be located within recorded open space.
f. Paved Driveways. All dwelling units shall have paved driveways. The
exact treatment shall be approved at the time of tentative subdivision plan
reVl ew.
g. Focal Point. A minimum of 0.75 acres of open space shall be located and
positioned to provide a "focal point" as one enters each cluster home
development. Part of this area shall be "hardscaped" and have benches
and other amenities that accommodate and facilitate outdoor gatherings.
This area shall be developed concurrently with the development of the
first phase of each cluster home development, and its exact design and
location shall be approved at the time of tentative subdivision review.
h. Street Trees. Street trees shall be planted or retained along each side of all
public roads where there are sidewalks. The exact spacing, species, and
size shall be approved at the time of tentative subdivision plan review.
1. Garages. Front loaded garages shall be located no closer to the street than
the front fa<;ade of the dwelling unit.
3. Standards Applicable to Recreational Facilities
a. Recreational uses shall be limited to facilities and uses that primarily serve
the surrounding residential community including but not limited to passive
recreation (i.e. picnic areas, trails, paths, sidewalks, ponds, open space and
vistas) and active facilities (i.e. swimming pools, tennis courts, basketball
courts, volleyball courts, playgrounds and clubhouses).
b. Outside public address systems or speakers shall not be used between the
hours of 11 :00 p.m. and 8:00 a.m. and shall only be used in conjunction
with a pool.
c. With the exception of playground areas which accommodate swings,
jungle gyms or similar such facilities, outdoor play fields, courts,
swimming pools and similar active recreational facilities shall be located a
minimum of 100 feet form any proposed or existing single family
residential lot line and a minimum of fifty (50) feet from any existing or
proposed public road. Nothing herein shall prevent development of indoor
facilities and/or parking within the 100 foot setback. Within the 100 foot
and fifty (50) foot setbacks, a fifty (50) foot buffer shall be provided along
the perimeter of all active recreational facilities except where adjacent to
any existing or proposed public roads. These buffers shall conform to the
requirement so the Zoning Ordinance for fifty (50) foot buffers. These
1317407v4
December 27,2006
buffers and setbacks may be modified by the Planning Commission at the
time of plan review.
d. Any playground area (i.e., areas accommodating swings, jungle gyms or
similar such facilities) shall be located a minimum of forty (40) feet from
all property lines. A forty (40) foot buffer shall be provided along the
perimeter of these recreational facilities except where adjacent to any
existing or proposed public roads. These buffers shall conform to the
requirements of the Zoning Ordinance for fifty (50) foot buffers. These
setbacks and buffers may be modified by the Planning Commission at the
time of site plan review.
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