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91SN0283 .... . t ;r e e December 11~ 1991 BS ADDENDUM II 91SN0283 Wayne and Kimberly Kidd . Bermuda Magisterial District South line of Centralia Road REQUEST: Rezoning from Agricultural (A) to Residential (R-9). In response to concerns relative to the ability of the developer to modify the restrictive covenants~ the applicants agreed to amend Proffered Condition 6.n., as outlined in the previous- Addendum, to preclude the developer from modifying the covenants at a later date. Based.on the revised proffer. staff supported the request.. On motion of Mr. Perkins, seconded by Mr. Miller, the Commission recommended approval of this request and acceptance of the following proffered conditions: (NOTE: THE CONDITIONS NOTED WITH "STAFF}CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A ItSTAFF" ARE RECOMMENDED SOLELY BY STAPF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE pLANNING COMMISSION.) PROFFERED CONDITIONS (STAFF/CPC) 1. All lots shall have a minimum lot area of 12,000 square feet. (STAFF/CPC) 2;1 All homes shall have the following minLmum gross footages: a. Ranchers - 1,400 gross square feet of finished, heated living space. b. Cape Cads - 1,600 gross square feet~ with a m1n~ of 1,000 gross square feet of finished, heated living space. c. Tri-Levels - 1,600 gross square feet, with a minimum of 1,000 gross square feet of finished, heated living space. d. Two stories - 1.800 gross square feet, wi th a ml.I1l.lD1.1Dl of 900 gross square feet of finished, heated living space. (STAFF/CPC) 3. The applicants, subdivider, or assignee(s) shall pay the following to the County of Chesterfield at the time of building permit application f.or infrastructure improvements within the service district for the property: (STAFF/CPC) (STAFF/CPC) (sTAFF/cpc) ..""'-- ~ - a. $2,000 per lot, if paid prior to January 1, 1992; or b. The amount approved by the Board of Supervisors not to exceed $3,000 per lot, if paid between January 1, 1992, and June 30, 1992, inclusive; or c. The amount approved by the Board of Supervisors not to exceed $4,000 per lot, if paid between July 1, 1992, and June 30, 1993, inclusive; or d.. The amount approved by the Board of Supervisors not to exceed $4,000 per lot adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 1992 t and July 1 of the fiscal year in which the payment is made if paid after June 30, 1993. 4. Other than the existing private drive, access to Centralia Road shall be limited to one (1) public road. The exact location of this road shall be approved by the Transportation Department. 5. To provide for an adequate roadway system at the time of complete development of the proposed project, the developer shall be responsible for the following road improvements: A.. Relocation of the ditch along the south side of Centralia Road to provide an adequate shoulder from the eastern property line to a location opposite the intersection of Hilltop Farms Drive. At the time of road and drainage plan review, the exact length of this improvement shall be approved by the Transportation Department. B. Dedication, free and unrestricted, to and for the benefit of the County of Chesterfield, any additional right of way (or easements) required for the road improvements identified ~bove. 6. The following shall be incorporated into the Declaration of Restrictions and recorded with the subdivision plat: a. All exposed masonry must be brick or stone. b. Porch piers must be brick or stone. c. All fireplaces must be brick or stone. d.. All cape cods shall have at least two dormer windows on the front of the residence. e. All detached buildings and garages must .be behind residence and of same style and color combination as primary residence. f . Front steps must be of wood construction wi th closed risers or brick (no poured or ,prepoured concrete steps) . 2 91SN0283/PC/DECllOOO e e "- . -- of' ~ -...JIII--:-- (STAFF/cpc) AYES: Unanimous .. . e g. No lot shall be used other than for residential purposes. Only one residence may be constructed on each platted lot as recorded. h. No trailer, tent, garage or structure of any type s.hal1 be erected, on any lot, to be used as a residence" temporarily or permanently. i. Any attached additions to ~ main res idence must be of same design, colors, and materials. j . There shal~ be no unlicensed- motor vehicle parked on any lot for more than 60 days unless it is parked in an enclosed garage. k. There shall be no slab construction of main residence.. 1. There shall be no exposed oil, kerosene, gas drums or tanks allowed on any lot. m. All fences must. be of. wood construction, not to extend beyond back corner of main residence. Said fences may have wire backing, howe.ver, no chain-~ink fence wil~ be allowed. - n. These covenants are to run wi th the land and shall be binding on all parties and all persons claiming under them for a period of twenty (20) years from the date these covenants are. recorded,. after which time. said covenants shall be automatically extended for an additional period of ten (10) years unless an instrument signed. by a majority of the then owners, excluding the developer, of the lots has been recorded, agreeing to change said covenants, in whole or in part. o. Once developer sells land, he is no longer responsible for these covenants. 7. Other than the existing house and the lot on which it sits, there shall be no more than eleven (11) new lots. / 3 91SN0283}PC/DECllOOO . e Beeember-9,-%991-6P6 December 11, 1991 BS ADDENDUM 91SN0283 Wayne and Kimberly Kidd Bermuda Magisterial District South line of Centralia Road REQUEST: Rezoning from Agricultural (A) to Residential (R-9). (NOTE: The Commission is scheduled to consider this request on December 9, 1991. Staff will advise the Board of the Commission's action at the Board's public hearing.) On December 5, 1991, the applicants submitted revised proffered conditions. In particular, Proffered Condition 2 was amended to increase the gross square footage and the minimum finished square footage of homes. Proffered Condition 5 was amended to address transportation impacts. Proffered Condition 6 was negotiated between the applicants and area residents and would require the recordation of certain restrictive covenants.. Proffered Condition 7 would restrict the total number of lots that could be created with the approval of this request. Staff recommends acceptance of Proffered Conditions 1, 2, 3, 4, 5 and 7. However, Proffered Condition 6, requlr10g the recordation of restrictive covenants, should not be accepted. It should be noted that, once recorded, restrictive covenants can only be enforced by private entities through civil action and, therefore, should not be part of the County's Zoning action. Further, such covenants can be amended after recordation, thereby assuming a form that can be substantially different from those outlined in the proffered conditions as submitted. ,In ,_addition, the wording of some of the .co.venan~s is~...,-::-- --. .... unclear and could be subject to interpretation as to intent and application~ Therefore, staff recommends approval of rezoning and acceptance of Proffered Conditions 1, 2, 3, 4, 5 and 7. Staff recommends that Proffered Condition 6 not be accepted. (NOTE: THE CONDITIONS NOTED WITH' "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND TH:E COMMISSION. CONDITIONS WITH ONLY A IISTAFP" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS (STAn) (STAFF) 1. All lots shall have a minimum lot area of 12,000 square feet. 2. All homes shall have Lhe following minimum gross footages: a. Ranchers - 1 J 400 gross square feet of fin ished t heated living space. (STAFF) (STAFF) (STAFF) b. Cape Cads - 1,600 gross square feet, with a m1n1mum of 1,000 gross square feet of finished, heated living space. c. Tri-Levels - 1,600 gross square feet, with a minimum of 1,000 gross square feet of finished, heated living space. d. Two stories - 1,800 gross square feet, with a minimum of 900 gross square feet of finished, heated living space. 3. The applicants, subdivider,. or assignee( s) shall pay the following to the County of Chesterfield at the time of building permit application for infrastructure improvements within the service district for the property: a. $2,000 per lot, if paid prior to January 1, 1992; or b. The amount approved by the Board of Supervisors not to . _ ~xc~~d _$~,OOO per lot, if paid between Jan~ry 1, 1992, and June 30, 1992, inclusive; or c. The amount approved by the Board of Supervisors not to exceed $4,000 per lott if paid between July 1, 1992, and June 30, 1993; inclusive; or d. The amount approved by the Board of Supervisors not to exceed $4,000 per lot adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 1992. and July 1 of the fiscal year in which the payment is made if paid after June 30, 1993. 4., Other than the existing private drive, access to Centralia Road shall be limited to one (1) public road. The exact location of this road shall be approved by the Transportation Department. 5. To provide for an adequate roadway system at the time of complete development of the proposed project, the developer shall be responsible for the following road ~provements: A. Relocation of the ditch along the south side of Centralia Road to provide an adequate ~ shoulder from the eastern property line to a location opposite the intersection of Hilltop Farms Drive. At the time of road and drainage plan review, the exact length of this improvement shall be approved by the Transportation Department. B. Dedication, free and unrestricted, to and for the benefit of the County pf Chesterfield, any additional right of way (or easements) required for the road improvements identified above. 2 91SN0283/PC/DEC1100 e . .... ~~.;-o (STAFF) . . 6. The following shall be incorporated into the Declaration of Restrictions and recorded with the subdivision plat: a. All exposed masonry must be brick or stone. b. Porch piers must be brick or stone. c. All fireplaces must be brick or .stone. d. All cape cods shall have at least two dormer windows on the front of the residence. e. All detached buildings and garages must be behind residence and of same style and color combination as primary residence. f. Front steps must be of wood construction with closed risers or brick (no poured or prepoured concrete steps). g. No lot shall be used other than for residential purposes. Only one residence may be constructed on each platted lot as recorded. h. No trailer, tent, garage or structure of any type shall be erected, on any lot, to be ~sed as a residence, temporarily or permanently. i" Any attached additions to main residence must be of same design, colors, and materials. j. There shall be no unlicensed motor vehicle parked on any lot for more than 60 days unless it is parked in an enclosed garage. k. There shall be no slab construction of main residence. 1. There shall be no exposed oil. kerosene, gas drums or tanks allowed on any lot. m. All fences must be of wood construction, not to extend beyond back corner of main residence. Said fences may have wire backing, however, no chain-link fence will be allowed. n. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty (20) years from the date these covenants are recorded, after which time said covenants shall be a~to~tically extended for an addit~onal period. of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenantst in whole or in part. o. Once developer sells land, he is no longer responsible for these covenants. 7. Other than the existing house and the lot on which it sits, there shall be no more than eleven (11) new lots. 3 91SN0283/PC/DEC1100 . . N~~~mber-t9;-1991-€P€ Beeember-9,-i991-6P6 December IlJ 1991 BS REQUEST ANALYSIS AND RECOMMENDATION 91SN0283 Wayne and Kimberly Kidd Bermuda Magisterial District South line of Centralia Road REQUEST: Rezoning from Agricultural (A) to Residential (R-9). PROPOSED LAND USE: A single family residential subdivision is planned. PLANNING COMMISSION RECOMMENDATION THE COMMISSION IS SCHEDULED TO CONSIDER THIS REQUEST ON DECEMBER 9, 1991. STAFF WILL ADVISE THE BOARD OF THE COMMISSION'S ACTION AT THE BOARD'S PUBLIC HEARING. STAFF RECOMMENDATION Recommend approval subject to the applicants addressing transportation impacts~ a~ discussed herein. This recommendation is made for the following reasons: A. The proposed zoning.and land use conforms to area development trends. B. Although the proffered minimum lot size could potentially generate a maximum development density of 3~63 lots per acre, given the proximity of the Great Branch floodplain and the requirements of the Chesapeake Bay Ordinance, it is anticipated that development density will not exceed 2.00 units per acre. Therefore, the antic ipated dens i ty of residential development would conform to that designated for the property on the Chester Village Plan. Further, it is anticipated that under the Chesapeake Bay Ordinance regulations, much of the Great Branch floodplain will be designated as a resource protection area and protected by a conservation buffer. In addition to reducing overall development density, these regulations will ensure the protection of those 'portions of the property designated on the Plan for natural conservation. c. The applicants have failed to insure provision of necessary road improvements. (NOTE: THE CONDITIONS NOTED WITH "STAFF/cpc" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFFtI ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS (STAFF) (STAFF) lit All lots shall have a minimum lot area of 12,000 square feet. 2. All homes shall have the following minimum gross footages: a. Ranchers - 1 , 281 gross square feet of finished, heated living space b. Cape Cods - first floor shall have a minimum of 912 gross square feet of finished, heated living space c. Tri-Levels - 1,450 gross square feet, with a m1nunum of 900 gross square feet of finished, heated living space d. Two Stories - 1,500 gross square feet, with a minimum of 900 gross square feet of finished, heated living space (STAFF) 3. The applicants, subdivider, or assignee(s) shall pay the following to the County of Chesterfield at the time of building permit application for infrastructure improvements within the service district for the property: a. $2,000 per lot, if paid prior to January 1, 1992; or b. The amount approved by the Board of Supervisors not to exceed $3,000 per lot, if paid between January 1, 1992, and June 30, 1992, inclusive; or c. The amount approved by the Board of Supervisors not to exceed $4, 000 per lot, if paid between July 1, 1992, and June 30, 1993, inclusive; or d. The amount approved by the Board of Supervisors not to exceed $4,000 per lot adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 1992, and July 1 of the fiscal year in which the payment is made if paid after June 30J 1993. (STAFF) 4. Other than the existing private drive, access to Centralia Road shal1,be limited to one (1) public road. The exact location of this road shall be approved by the Transportation Department. (STAFF) 5. To provide for an adequate roadway system at the time of complete development of the proposed project, the developer shall be responsible for the following: A. Construction of ad~itional pavement along Centralia Road to provide a right-turn lane at the approved access. e 2 91SN0283/PC/DECI10 e . . B. Dedication, free and unrestricted, to and for the benefit of the County of Chesterfield, any additional rIght of way (or easements) required for the road improvements identified above. GENERAL INFORMATION Location: South line of Centralia Road, across from Hilltop Farms Drive. Tax Map 97~6 (1) Parcels 14, 45, SO and 69 (Sheet 32). Existing Zoning.: A Size: 8.44 acres Existing Land Use: Single family residential or vacant Ad;acent Zonin~ & Land Use: North - R-9; Single family residential or vacant South - R-12; Single family residential East - R-12; Single family residential West - A, B-2 and B-3; Single family residential, commercial or vacant PUBLIC FACILITIES Utilities: Ylater: The public water system is available and is required by Ordinance. Wastewater: There is an existing thirty (30) inch wastewater trunk line approximately 240 feet west of the westernmost property line of the subject site. The use of the public system is required by Ordinance (Article XI, Section 20-195). The applicants have indicated the intention to use the public system. Drainage and Erosion: The request property is bounded on the west by Great Branch Creek, which is a perennial stream. No existing or anticipated on- or off-site drainage and/or erosion problems. Off-site easements and drainage improvements may 3 91SN0283!PC/DEC110 be required; however, typically when the centerline of a creek is the property line drainage easements are not required. Effective November 1St 1991, the Chesapeake Bay Ordinance will be re-implemented. This portion of Great Branch Creek will be subject to a 100 foot conservation buffer and other Chesapeake Bay water quality requirements. Fire Service: Chester Fire Station, Company #1. County water flows and fire hydrants must be provided for fire protection purposes in compliance with nationally recognized standards (i.e., National Fire Protection Association and Insurance Services Office). Schools: Approximately fifteen (15) school age children will be generated by this request. The site lies in the Curtis Elementary School attendance zone: capacity - 700, enrollment - 706; Chester Middle School attendance zone: capacity - 720. enrollment - 800; and Thomas Dale High School attendance zone: capacity - 1,350, enrollment - 1,310. This development would have a slight impact on area schools. Area residential development will accelerate the need for an elementary school, with completion anticipated in the late 1990'g and located in the Kingsland Road area~ School attendance zone configurations will change due to area growth; however, the request property will remain within the Chester Middle School zone. Further, area growth will generate the need for an addition to Thomas Dale High School in the mid-1990's. The applicants have agreed to participate in the cost for provision of area school needs. (Proffered Condition 3) Financial Impact on Capital Facilities: H New Dwelling Units I PER UNIT 26.00 1.00 73.58 2.83 7..54 0.29 3.38 0.13 3.90 0.15 14.82 0.57 66,170 2,545 5,122 197 3,172 122 4,342 167 78~806 3~O31 Population Increase Number New Students Elementary Middle High Total Net Cost for Schools Net Cost for Parks Net Cost for Libraries Net Cost for Fire Stations Total Net Cost (excluding roads) e 91SN0283!PC/DECllO e 4 e . This request will have a fiscal impact upon capital facilities. Cash proffers have been received to address this impact. (Proffered Condition 3) Trans'Portation~ Development is anticipated to generate approximately 220 average daily trips. These vehicles will be distributed along Centralia Road which had a 1990 traffic. count of 3,048 vehicles per day. The applicants have proffered that, other than the existing private drive, access to Centralia Road will be limited to one (1) public road for the development (Proffered Condition 4). Mitigating road improvements must be provided for the requested densities to achieve an acceptable level of service. The applicants have proffered to construct additional pavement along Centralia Road to provide a right-turn lane (Proffered Condition 5). The applicants have not agreed to relocate the ditch along Centralia Road to provide an adequate shoulder for the entire property frontage. Without this commitment, the Transportation Department cannot support the request. The applicants have proffered cash towards Hoff-site" road improvements. (Proffered Condition 3) LAND USE General Plan: Lies within the boundaries of the Chester Village Plan, which designates the property for single family residential use (1.01 to 245 units per acre) and for natural conservation area. Area Development Trends: Development along this portion of Centralia Road is characterized by agricultural and residential zoning and land uses. In particular, property to the north is zoned Residential (R-9) and is being developed as Section A of Hilltop Farms Subdivision, with an average lot size of approximately 14,474 square feet. Property to the south and east is zoned Residential (R-12) and has been developed as Section I of Glen Oaks Subdivision with an average lot size of approximately 21,031 square feet. Site Des ign.: The applicants have proffered a mlnlmum lot size of 12,000 square feet (Proffered Condition 1). It should be noted that the property is bounded to the west by Gre.at Branch which may impact the number and size of lots that can be developed. Architectural Treatment: The applicants have proffered minimum house sizes (Proffered Condition 2). 5 91SN0283/PC/DEC110 Conclusions: The proposed zoning and land use conforms to area development trends. Specif i cally, although the proffered minimum lot size could potentially generate a maximum development density of 3.63 lots per acre, given the proximity of the Great Branch floodplain and the requirements of the Chesapeake Bay Ordinance, it is anticipated that development density will not exceed 2.00 uni ts per acre. Therefore, the anticipated density of residential development would conform to that designated for the property on the Chester Village Plan,. Further, it is anticipated that under th~ Chesapeake Bay Ordinance regulations, much of the Great Branch floodplain will be designated as a resource protection area and protected by a conservation buffer. In addition to reducing overall development density, these regulations will ensure the protection of those portions of the property designated on the Plan for natural conservation. Therefore, approval of this request is recommended if the applicants agree to provide necessary road improvements, as discussed herein. CASE HISTORY Applicants (11/12/91): Originally the applicants had submitted a proffered condition requiring relocation of the. ditch along the south side of Centralia Reade Subsequently, the applicants withdrew the proffered condition. The lransportation Department stated that wi thout the commitment to relocate the ditch, they could not support the request. Planning Commission Meeting (11/19/91): The Commission deferred this case to a special meeting on December 9, 1991. The Board of Supervi sors on Wednesday, December 11, 1991, beg inning at 2: 00 p.m., will take under consideration this request. e 91SN0283/PC!DECllO e 6 ~ - ~t - ,. H-/~ @ R-/2 -, j.... I,CL -11'"1 I '. J~ A i . - . = . .. . . . II U U...I . . . u . . . . ... IE . - @ ~ \ . - ~..., N 'e.. 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