07SN0314
October 24, 2007 BS
ADDENDUM
07SN0314
Carrie E Coyner, Trustee
Matoaca Magisterial District
Spring Run Elementary; Bailey Bridge Middle; and Cosby High Schools Attendance Zones
West line of Winterpock Road
REOUEST: Rezoning from Agricultural (A) to Residential (R-12) plus Conditional Use
Planned Development to permit exceptions to Ordinance requirements.
PROPOSED LAND USE:
A mixture of residential uses, to include single family and cluster homes, along
with supporting recreational uses is planned. The applicant has agreed to limit
development to a density of two (2) dwelling units per acre, yielding
approximately fifty-five (55) dwelling units. (Proffered Condition 5)
On October 23, 2007, consistent with the goals of the recently adopted Upper Swift Creek Plan
the applicant has offered an additional condition to address protection of the reservoir's water
quality.
Staff recommends acceptance of this additional proffer.
(NOTE: THE ADDITIONAL PROFFER WAS SUBMITTED SUBSEQUENT TO THE
ADVERTISMENT OF THE REQUEST. THEREFORE, SHOULD THE BOARD WISH
TO CONSIDER THE ADDITIONAL PROFFER IT WILL BE NECESSARYTO
SUSPEND THE PROCEDURES.)
Proffered Condition
6. Stormwater Management. The developer acknowledges that if the water quality of the
Swift Creek Reservoir has reached a median level that exceeds .04 mg/l in-lake
phosphorus or otherwise degrades to an unacceptable level, that the Director of
Environmental Engineering may recommend that the County adopt phosphorus loading
standards that are more restrictive than the standards applicable as of October 10, 2007.
To mitigate the impact of this development on the water quality of the Swift Creek
Providing a FIRST CHOICE community through excellence in public service
Reservoir and the Upper Swift Creek Watershed, and consistent with the County's duty to
exercise its police powers to protect the County's water supply, the Developer and his
assignees agree that the phosphorus loading standards of the zoning ordinance applicable
to any undeveloped portion of the subject property shall be those standards that are in
effect at the time of subdivision approval. All substantially approvable construction plans
in the Department of Environmental Engineering that havl~ complied with the submittal
criteria for review shall not be affected. (EE)
2
07SN0314-0CT24-BOS-ADD
May 15, 2007 CPC
July 17, 2007 CPC
August 22, 2007 BS
October 24, 2007 BS
STAFF’S
REQUEST ANALYSIS
AND
RECOMMENDATION
07SN0314
Carrie E Coyner, Trustee
Matoaca Magisterial District
Spring Run Elementary; Bailey Bridge Middle; and Cosby High Schools Attendance Zones
West line of Winterpock Road
REQUEST:Rezoning from Agricultural (A) to Residential (R-12) plus Conditional Use
Planned Development to permit exceptions to Ordinance requirements.
PROPOSED LAND USE:
A mixture of residential uses, to include single family and cluster homes, along
with supporting recreational uses is planned. The applicant has agreed to limit
development to a density of two (2) dwelling units per acre, yielding
approximately fifty-five (55) dwelling units. (Proffered Condition 5)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
AYES: MESSRS. GECKER, GULLEY AND BASS.
ABSTENTION: MR. WILSON.
ABSENT: MR. LITTON.
(NOTE: SINCE THE COMMISSION’SCONSIDERATION OF THIS REQUEST, AN
AMENDMENT TO THE UPPER SWIFT CREEK PLAN HAS BEEN ADOPTED.)
STAFF RECOMMENDATION
Recommends approval subject to the applicant addressing the goals of the Plan regarding water
quality. This recommendation was made for the following reasons:
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A.The proposed zoning and land uses conform to the Upper Swift Creek Plan which
suggests the property is appropriate for conservation/passive recreation uses and
residential use of 2.0 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.
C.The application fails to address the goals of the Plan regarding water quality.
(NOTE: THE ONLY CONDITION THAT MAYBE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFEROTHER CONDITIONS. THE CONDITIONS
NOTED WITH “STAFF/CPC” WERE AGREED UPON BY BOTH STAFF AND THE
COMMISSION. CONDITIONS WITH ONLYA “STAFF” ARE RECOMMENDED SOLELY
BY STAFF. CONDITIONS WITH ONLYA “CPC” ARE ADDITIONAL CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
CONDITION
(STAFF)The Textual Statement dated April 23, 2007 shall be considered the Master Plan.
(P)
PROFFERED CONDITIONS
The Owner-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 known as Chesterfield County
Tax ID 721-662-1358-00000 (the “Property”) under consideration will be developed according
to the attached Textual Statement and the following conditions if, and only if, the rezoning
requests for R-12 as set forth in the above heading and the application filed herein is granted. In
the event the request is denied or approved with conditions not agreed to by the Owner-
Applicant, these proffers and conditions shall be immediately null and void and of no further
force or effect.
(STAFF) 1. Timbering. Except for the 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 erosion devices have been installed. (EE)
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(STAFF) 2. Utilities.
(a)Public water and wastewater shall be used.
(b)Prior to the issuance of a building permit for each tentative
subdivision plat approved for the property, the developer shall
make payment to Chesterfield County in the amount of $200.00
per acre (not to exceed an aggregate payment of $5,520.00 based
upon a total of 27.6 acres) as a contribution toward the expansion
of the Dry Creek Wastewater Pump Station. (U)
(STAFF) 3. Cash Proffer. The applicant, subdivider, or assignee(s) (the “Applicant”)
shall pay the following to the County of Chesterfield prior to the issuance
of a building permit for each dwelling unit for infrastructure
improvements within the service district for the property:
a.$15,600 per dwelling unit if paid prior to July 1, 2007. At the time
of payment, the $15,600 will be allocated pro-rata among the
facility costs as follows: $5,331 for schools, $602 for parks and
recreation, $348 for library facilities, $8,915 for roads, and $404
for fire stations; or
b.The amount approved by the Board of Supervisors not to exceed
$15,600 per dwelling unit prorated as set forth above and adjusted
upward by any increase in the Marshall and Swift Building Cost
Index between July 1, 2006 and July1 of the fiscal year in which
the payment is made if paid after June 30, 2007.
c.If, upon the mutualagreement of the Transportation Department and
the Applicant, the Applicant provides road improvements (the
“Improvements”), other than the improvements identified in
proffered condition 4 as set forth below, then the transportation
component in this Proffered Condition shall be reduced by an
amount not to exceed the cost to construct the Improvements so long
as the cost is of equal or greater value than that which would have
been collected through the payment(s) of the road component of the
cash proffer as determined by the Transportation Department. Once
the sum total amount of the cash proffer credit exceeds the cost of the
Improvements, as determined by the Transportation Department,
thereafter the Applicant shall commence paying the cash proffer as
set forth in this Proffered Conditionas adjusted for the credit. For
the purposes of this proffer, the costs, as approved by the
Transportation Department, shall include, but not be limited to, the
cost of right-of-way acquisition, engineering costs, costs of
relocating utilities and actual costs of construction (including labor,
materials, and overhead) (“Work”). Before any Work is performed,
the Applicant shall receive prior written approval by the
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Transportation Department for the Improvements and any credit
amount.
d.Cash proffer payments shall be spent for the purposes proffered or
as otherwise permitted by law. (B&M)
(STAFF) 4. Transportation.
a.In conjunction with the recordationof the initial subdivision plat or
within ninety (90) days of a written request by the County,
whichever occurs first, sixty (60) feet of right-of-way on the west
side of Winterpock Road, measured from the centerline of that part
of Winterpock Road immediately adjacent to the property, shall be
dedicated, free and unrestricted, toand for the benefit of Chesterfield
County.
b.Direct vehicular access fromthe property to Winterpock Road
shall be limited to one (1) public road. The exact location of this
public road shall be approved by the Transportation Department.
c.In conjunction with development of the initial section, the
developer shall be responsible for the following improvements:
(i)Construction of additional pavement along Winterpock
Road at the public road intersection to provide left and right
turn lanes; and,
(ii)Widening/improving the west side of Winterpock Road to
an eleven (11) foot wide travel lane, measured from the
centerline of the road, with an additional one (1) foot wide
paved shoulder plus a seven (7) foot wide unpaved
shoulder, and overlaying the full width of the road with one
and a half (1.5) inch of compacted bituminous asphalt
concrete, with any modifications approved by the
Transportation Department,for the entire property
frontage; and,
(iii)Dedication, free and unrestricted, to and for the benefit of
Chesterfield County, of any additional right-of-way (or
easements) required or these improvements. In the event the
developer is unable to acquire any “off site” right-of-way that
is necessary for any improvement described in 4(c), 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-
way, the developer shall be relieved of the obligation to
acquire the “off-site” right-of-way and shall provide the road
improvements within available right-of-way as determined
by the Transportation Department. (T)
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(STAFF) 5. Density. The total number of residential dwelling units on the Property
shall not exceed 2.0 dwelling units per acre. (P)
GENERAL INFORMATION
Location:
West line of Winterpock Road, south of Bethia Road. Tax ID 721-662-1358.
Existing Zoning:
A
Size:
27.6 acres
Existing Land Use:
Residential or vacant
Adjacent Zoning and Land Use:
North, South and East - A; Single family residential or vacant
West- R-12; Vacant (Proposed Harper’s Mill Subdivision)
UTILITIES
Public Water System:
There is an existing sixteen (16) inch water line extending along the east side of Winterpock
Road, opposite this site. Use of the public water system has been proffered (Proffered
Condition 2.a). Use of the public system is required by Code; therefore, this proffer could
be withdrawn.
Per Utilities Department Design Specifications (DS-21), wherever possible, two (2) supply
points shall be provided for subdivisions containingmore than twenty-five (25) lots.
Public Wastewater System:
There is an existing eighteen (18) inch wastewater trunk line extending along the Fuqua
Branch of Dry Creek that terminates adjacent to Featherchase Drive in Ashbrook
Subdivision Section 6, approximately 4,200 feetnorth of this site. A future eighteen (18)
inch wastewater trunk line is planned along Fuqua Branch a portion ofwhich will be built
by the Harper’s Mill development. Currently, Section 1 of Harper’s Mill is under design
and if built as proposed, will extend the trunk line to a point just north of Harper’s Mill
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Parkway, about 2,500 feet north of this site. Further extension of the trunk line will be
delayed till Phase 6 of the Harper’s Mill development, as outlined in the Harper’s Mill
Utility Phasing Plan. Phase 6 is the final phase of that development. Use of the public
wastewater system has been proffered (Proffered Condition 2.a). Use ofthe public system is
required by Code; therefore, this proffer could be withdrawn.
The request site is within the Dry Creek Drainage Basin and is served by the Dry Creek
Wastewater Pump Station. When originally built, the Dry Creek Wastewater Pump Station
was designed with limited capacity with the intent being that further development within the
basin would pay for the future expansion. To provide for their share of this expansion, the
applicant has proffer to pay to the county $5,520.00 based on a total acreage of 27.6 acres
times $200.00 per acre. (Proffered Condition 2.b)
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the north via tributaries to Lake Ashbrook and then to
Swift Creek Reservoir. There are currently no on- or off-site drainage or erosion
problems and none are anticipated after development.
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 insure
that adequate erosion controls are in place prior to timbering. (Proffered Condition 1)
Water Quality:
The stream adjacent to the western portion of the property is a perennial stream and, as
such, is subject to a 100 foot conservation area inside of which uses are very limited. The
property is also bisected by another stream that must have a perennial flow determination
approved by the Department of Environmental Engineering prior to submitting a tentative
plan.
The subject property will be required to provide on-site source control to address their
water quality issues.
With the adoption of the amendedUpper Swift Creek Plan, a goal was adopted that
residential developers address the impact of their development on water quality. Such
conditions could include (i) implementing phosphorus loading standards that are more
restrictive than the standards of the Zoning Ordinance; (ii) implementing more restrictive
requirements for zoned but undeveloped land if notified by the Director of Environmental
Engineering that the water quality of the Swift Creek Reservoir has reached a median
level that exceeds .04 mg/1 in-lake phosphorusfor two (2) consecutive years, or exceeds
other applicable water quality standards;and/or (iii) implementing other measures
approved by the Director of Environmental Engineering to address the impact of
development on water quality in the Upper Swift Creek Watershed.
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PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in thePublic
Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program. This development
will have an impact on these facilities.
Fire Service:
ThePublic 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 fifty-five (55) dwelling units, this request will generate
approximately seven (7) calls for fire and emergency medical service each year. The
applicant has addressed the impact on fire and EMS. (Proffered Condition 3)
The Winterpock Fire Station, Company #19, currently provides fire protection and
emergency medical service. When the property is developed, the number of hydrants,
quantity of water needed for fire protection, and access requirements will be evaluated
during the plans review process.
Schools:
Approximately twenty-nine (29) (Elementary: 13, Middle: 7, High:9) students will be
generated by this development. This site lies in the Spring Run Elementary School
attendance zone: capacity - 943, enrollment – 1,303; Bailey Bridge Middle School zone:
capacity - 1,521, enrollment - 1,563; and Cosby High School zone: capacity - 1,750,
enrollment - 1,212. The enrollment is based on September 29, 2006 and the capacity is
as of 2006-2007. This request will have an impact on the elementary and middle school
involved. There are currently eighteen (18) trailers at Spring Run.
The new Winterpock Elementary School is scheduled to open this fall and the new
Tomahawk Middle School is scheduled to open in 2008. The new elementary school
will provide relief for Spring Run and Grange Hall Elementaries and the new middle
school will provide relief for schools in this area of the county. This area of the county
continues to experience growth and these schools will provide much needed space. This
case combined with other residential developments and zoning cases in the area, will
continue to push these schools over capacity,necessitating some form of relief in the
future. The applicant has addressed the impact of the development on schools. (Proffered
Condition 3)
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Libraries:
Consistent with the Board of Supervisors’ policy, the impact of development on library
services is assessed County-wide. Based on projected population growth, the Public
Facilities Plan identifies a need for additional library space throughout the County.
Development could affect either the existing Clover Hill Library or a proposed new
facility in the vicinity of Beach and Winterpock Roads. The Plan identifies a need for
additional library space in this area. The applicant has addressed the impact of the
development on libraries. (Proffered Condition 3)
Parks and Recreation:
ThePublic 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 3)
Transportation:
The property is located on the west side of Winterpock Road just north of the Springford
Parkway intersection. The applicant is requesting rezoning from Agricultural (A) to
Residential (R-12) with a Conditional Use Planned Development. Based on single-
family trip rates, development could generate approximately 540 average daily trips.
These vehicles will initially be distributed along Winterpock Road, which had a 2005
traffic count of 8,522 vehicles per day. Based on the volume of traffic it carried during
peak hours, Winterpock Road was at capacity. (Level of Service E)
The Thoroughfare Plan identifies Winterpock Road as a major arterial with a
recommended right of way width of ninety (90) feet; however, included in the proposed
amendment to the Upper Swift Creek Plan is a recommendation to increase the
recommended right of way width for Winterpock Road to 120 feet. Staff has determined
that this section of Winterpock Road will need to be six (6) lanes to accommodate traffic
volumes at total build out. A 120 foot wide right of way is required to construct a six (6)
lane facility. The applicant has proffered todedicate sixty (60) feet of right of way on the
west side of Winterpock Road, measured from the centerline, in accordance with this
recommendation. (Proffered Condition 4.a)
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Access to major arterials, such as Winterpock Road, should be controlled. The applicant
has proffered that direct vehicular access from the property to Winterpock Road will be
limited to one (1) public road. (Proffered Condition 4.b)
The traffic impact of this development must be addressed. The applicant has proffered to
construct right and left turn lanes along Winterpock Road at the public road intersection,
reconstruct Winterpock Road for the entire property frontage and dedicate any additional
right of way required for these improvements (Proffered Condition 4.c). In order to
provide the turn lanes along Winterpock Road, significant, off-site right-of-way will have
to be acquired from the properties to the north and south. According to Proffered
Condition 4.c.iii, if the developer needs off-site right-of-way for construction of the turn
lanes, 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.
A field visit to the property revealed that horizontal sight distance, when looking to the
north, and vertical sight distance, when looking to the south, is limited along Winterpock
Road. The applicant may have to provide additional off-site improvements and/or obtain
off-site easements to obtain adequate sight distance at any public road intersection on
Winterpock Road.
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
Winterpock Road. Sections of Winterpock 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 3)
Cash proffers alone will not cover the cost of the road improvements needed in this area.
There are no projects in this area currently included in the Six-Year Improvement
Program. The county has a project to reconstruct McEnnally Road between Winterpock
Road and Spring Run Road. Construction is anticipated in summer of 2007.
During tentative subdivision review, specific recommendations will be provided
regarding stub road rights-of-way to adjacent properties and the proposed internal street
network.
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Financial Impact on Capital Facilities:
PERUNIT
Potential Number of New Dwelling Units 55*1.00
Population Increase 149.602.72
Number of New Students
Elementary12.820.23
Middle 7.150.13
High 9.300.17
TOTAL29.260.53
Net Cost for Schools $294,140$5,348
Net Cost for Parks 33,220604
Net Cost for Libraries 19,195349
Net Cost for Fire Stations 22,275405
Average Net Cost for Roads 491,8108,942
TOTAL NET COST $860,640$15,648
* Based on a proffered maximum yield of 2 dwelling units per acre (Proffered Condition 5). 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. Consistent with the Board of Supervisors' policy, and proffers accepted from other
applicants, the applicant has offered cash and road improvements to assist in defraying the cost
of this proposed zoning on such capital facilities. (Proffered Condition 3)
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 conservation (passive recreation) and single family residential use of two
(2) dwelling units per acre or less.
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TheUpper Swift Creek Plan is currently under review. The Plan amendment, as drafted
by Staff, also suggests conservation (passive recreation) and single family residential use
of two (2) dwelling units per acre or less.
Area Development Trends:
Surrounding properties to the north, south and east are zoned Agricultural (A) and are
occupied by single family dwellings on acreage parcels or are currently vacant. Property
to the west is zoned Residential (R-12) as part of a proposed mixed use development
known as Harper’s Mill. It is anticipated that residential development consistent with
densities suggested by the Plan will continue in this immediate area.
Site Design:
The property may be developed for cluster homes and/or single family residential uses,
both of which are discussed in further detail herein. If the property is developed for both
dwelling types, the Textual Statement requires the submission of a conceptual plan to
either the Planning Commissionor 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 A)
Density:
A maximum of two (2) dwelling units per acre has been proffered, yielding an overall
maximum of fifty-five (55) dwelling units. (Proffered Condition 5)
Cluster:
Custer homes are proposed on individual lots having a minimum of 6,000 square feet.
The density for any cluster development would be limited to six (6) units per acre. Other
standards include setbacks, sidewalks, street trees, paved driveways, focal point and
garage treatment. (Textual Statement B.1)
The requirements offered for cluster projects are consistent with those typically required
by the Commission and Board on similar projects.
Single Family Residential:
Single family residential uses would be required to be developed in accordance with
Ordinance requirements for Residential (R-12) Districts. The minimum lot size would be
12,000 square feet. Conditions address minimum dwelling sizes. (Textual Statement
B.2)
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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. Active and passive recreation areas may also be
provided 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 B.1.h and 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. Also, within the cluster developments, any required buffers
along roads will be recorded in open space. (Textual Statement B.1.f)
CONCLUSIONS
The proposed zoning and land uses conform to the Upper Swift Creek Plan which suggests the
property is appropriate for conservation: passive recreation and residential use of 2.0 units per
acre or less. Proffered conditions limit the density of the development to two (2) 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, 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. The application however, fails to address the goals of the
Plan regarding water quality.
Given these considerations, approval of this request is recommended, subject to addressing water
quality concerns.
______________________________________________________________________________
CASE HISTORY
______________________________________________________________________________
Applicant (5/15/07):
Proffered conditions were amended.
______________________________________________________________________________
Planning Commission Meeting (5/15/07):
The applicant accepted the recommendation. There was opposition present. Concerns
were expressed relative to density; water quality; traffic impacts on Winterpock Road
with potential road connection to the adjacent Harpers Mill development; and poor sight
distance on Winterpock Road.
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Messrs. Litton and Wilson expressed concerns relative to the potential for additional
traffic on Winterpock Road from Harpers Mill through the subject property should the
developments connect.
Mr. Bass noted the curve on Winterpock Road presented sight distance concerns; that the
applicant had just submitted a proffered condition to address this concern; and that
additional timewas warranted to evaluate this issue.
On their own motion, the Commission deferred this case to their July 17, 2007, meeting.
______________________________________________________________________________
Staff (5/16/07):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than May 21, 2007 for consideration at the Commission’s
July public hearing.
______________________________________________________________________________
Applicant (6/25/07):
Proffered conditions were amended.
______________________________________________________________________________
Planning Commission Meeting (7/17/07):
The applicant accepted staff’s recommendation, but did not accept the Commission’s
recommendation.
There was opposition present expressing concern relative to impact on area property
owners with respect to the acquisition of off-site right of way; safety conditions along
Winterpock Road; and traffic impacts on Winterpock Road, especially if a road
connection is made from Winterpock Road through the property to Harper’s Mill
Subdivision to the west.
The applicant agreed to submit a proffer precluding access to Harper’s Mill.
Mr. Bass indicated that additional traffic on Winterpock Road would adversely impact
citizens’ health, safety and welfare.
Mr. Wilson indicated he could support the proposal with conditions precluding access to
Harper’s Mill.
On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended denial.
AYES: Messrs. Gecker, Gulley and Bass.
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ABSTENTION: Mr. Wilson.
ABSENT: Mr. Litton.
Board of Supervisors’ Meeting (8/22/07):
On their own motion, the Board deferred this case to October 24, 2007.
Staff (8/23/07):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than August 29, 2007, for consideration at the Board’s
October public hearing.
Staff (10/12/07):
To date, no new information has been submitted.
The Board of Supervisors, on Wednesday, October 24, 2007, beginning at 6:30 p.m., will take
under consideration this request.
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TEXTUAL STATEMENT
March 12, 2007
Revised: April 23, 2007
This is a request to rezone 27.6 acres of the Property under consideration to R-12 with a
Conditional Use Planned Development (CUPD) that will permit development of a mixed use,
planned community including single family residences and cluster homes. Except as qualified
herein, uses permitted in the Residential (R- 12)District and active and passive recreation uses
shall be permitted throughout the property. In addition, the following uses, as more fully defined
below, shall also be permitted:
A.General Requirements Applicable to All Uses
Mixing ofUses. Within the Property there shall be no “mixing” of uses (e.g., if the
Propertyis to be developed for cluster homes, all of the Propertyshall be
developed as cluster homes, or if the Propertyis developed for Residential (R-12)
uses, all of the Propertyshall 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 Propertyitself as well as with adjacent
properties. Land use compatibility and transitions may include, but not
necessarily be limited to, the exact location of uses, buffers, and site design. Such
conceptual plans shall be approved by either the Planning Department or Planning
Commission, at the election of the developer, and such review shall be subject to
appeal in accordance the provisions of the Zoning Ordinance for site plan
approval.
B.Requirements for Specific Uses
.
1 Cluster Homes
Single family detached cluster homes shall meet the following requirements:
a)Lot Size. Each lot shall have an area of not less than six thousand (6,000) square feet and
a lot width of not less than fifty (50) feet.
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b)Density. The overall density within each tract or part of a tract containing cluster homes
shall not exceed six (6) units per gross acre.
c)Front, Corner, Side and Rear Yard~. For principal structures, front corner side and rear
yards shall have a minimum depth of twenty-five (25) feet. Accessory structures shall
have a twenty-five (25) foot front yard setback but no rear yard setback.
d)Side Yards Principal structures shall be located a minimum of five (5)feet from side
property lines, however, if the overall intent of providing visual separation and clustering
is achieved for the cluster home development, the Planning Commission, at time of
tentative subdivision review, may approve exceptions to these side yard requirements.
Accessory structures shall have no side yard setback. The tentative subdivision, final
check, and record plats shall identify the specific setback criteria for each lot.
e)Sidewalks Sidewalks shall be provided that facilitate pedestrian access within the
Development, to the recreational areas serving the development, and to the overall
project. 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 a public street
where cluster homes front.
f)Buffers Required buffers along roads shall be located within recorded open spaces.
g)Paved Driveways All dwelling units shall have paved driveways. The exact treatment
shall be approved at the time of tentative subdivision plan review.
h)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 landscaped 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.
i)Garages. Front loaded garages shall be located no closer to the street than the front façade
of the dwelling unit.
k)Street Trees. Street trees shall he planted or retained along each side of all public roads
where sidewalks are provided.
2.Residential (R-12)
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All dwellings other than Cluster Homes shall meet the requirements of the Residential
(R-12) District as well as the following requirements:
a)Minimum Square Footage for Single Family Dwellings. With the exception of
Cluster Homes, the minimum gross floor area for single family detached homes
shall be as follows:
1 story 1,700 square feet;
More than 1 story 2,000 square feet.
3.Recreation Areas At the election of the developer, active and passive recreation areas
may be provided. Such recreation areas shall be subject to the following requirements:
(i)With the exception of playground areas which accommodate
swings, jungle gyms, or similar facilities and tennis courts, all
outdoor play fields, swimming pools and similar active
recreational areas shall be located a minimum of one hundred
(100) feet from adjacent properties zoned or designated on the
County’s Comprehensive Plan for residential use, a minimum of
one hundred (100) feet from any existing or proposed single family
residential lot line, and a minimum of fifty (50) feet from any
existing or proposed road.
(ii)Within the one hundred (100) 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 road. This buffer shall conform to the requirements of
othe Zoning Ordinance forfifty (50) foot buffers.
(iii)Any playground areas (i.e. areas accommodating swings, jungle
gyms or similar such facilities) and tennis courts 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 roads. This buffer shall conform to the requirements of
the Zoning Ordinance for fifty (50) foot buffers.
(iv)Nothing within this condition shall prevent development of indoor
facilities and/or parking within the one hundred (100) foot setback.
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(v)There shall be no outside public address system or speakers.
(vi)The maximum exterior lighting for recreational uses shall comply
with Section 19-508.3 of the Zoning Ordinance.
(vii)The location of all active recreational uses shall be identified in
conjunction with the submittal of the first tentative subdivision
plan.
(viii)In conjunction with the recordation of any lot adjacent to active
recreational area(s), such area(s) shall be identified on the record
plat along with the proposed recreational uses and required
conditions.
______________________________________
Carrie E.Coyner,Trustee
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