07SN0361
Jul)T 17, 2007 CPC
October 16,2007 CPC
January 9, 2008 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
07SN0361
Robert C. Sowers
and
Douglas and Susan Sowers
Matoaca Magisterial District
Watkins Elementary, Midlothian Middle
and Midlothian High Schools Attendance Zones
West line of Otterdale 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 proposed. The applicant has agreed to limit
development to a density of2.0 dwelling units per acre yielding approximately fifty-
two (52) dwelling units. (Proffered Condition 5)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
AYES: MESSRS. GECKER, GULLEY AND BASS.
NAYS: MESSRS: LITTON AND WILSON.
Providing a FIRST CHOICE community through excellence in public service
STAFF RECOMMENDATION
Recommend approval 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 of 2.0 units
per acre or less.
B. The application addresses the impact on capital facilities consistent with the
Board of Supervisors' policy.
(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.)
CONDITION:
(STAFF)
The Textual Statement dated May 14, 2007, should 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 IDs 713-691-1673, 713-691-8928 and 714-690-1660 (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)
(STAFF)
(STAFF)
2.
Utilities. Public water and wasterwater shall be used. (U)
3.
Cash Proffer. The applicant, subdivider, or assignee(s) (the "Applicant")
shall pay the following to the County of Chesterfield prior to the issuance
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(STAFF)
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 July 1 of the fiscal year in which
the payment is made if paid after June 30, 2007.
c. If, upon the mutual agreement 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 Condition as 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
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 and T)
4.
Transportation.
a. In conjunction with the recordation of the initial subdivision plat or
within ninety (90) days of a written request by the County,
whichever occurs first, forty five (45) feet of right-of-way of
Otterdale Road, measured from the centerline of that part of
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(STAFF)
(STAFF)
Otterdale Road immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the benefit of
Chesterfield County.
b. Direct vehicular access from the property to Otterdale 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 Otterdale Road
at the public road intersection to provide left and right turn
lanes;
(ii) Widening/improving the side of Otterdale Road
immediately adjacent to the property 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,
d. 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)
5.
Density. The total number of residential dwelling units on the Property
shall not exceed 2.0 dwelling units per acre. (P)
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
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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 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 or site plan approval for any residential uses. This
condition shall not apply to residential uses located within the same
structure as commercial uses. All substantially approvable construction
plans in the Department of Environmental Engineering that have complied
with the submittal criteria for review shall not be affected. (EE)
GENERAL INFORMATION
Location:
Fronts the west line of Otter dale Road, north of Genito Road. Tax IDs 713-691-1673 and
8928; and 714-690-1660.
Existing Zoning:
A
Size:
26.2 acres
Existing Land Use:
Vacant
Adiacent Zoning and Land Use:
North, South and West - A; Single family residential on acreage parcels or vacant
East - A and R-9; Single family residential or vacant
UTILITIES
Public Water System:
This site is within the area planned for being part of the Clover Hill Pressure Zone. The
closest existing water line in this zone is a sixteen (16) inch line in Otterdale Road that
terminates approximately 2,600 feet south of this site. Water service for this development
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will need to come by way of an extension of the public water system from the east and/or
south of this site. Tentative Plans have been approved for extending a sixteen (16) inch
water line along Otterdale Road in conjunction with the development of "Cambria"
subdivision. This extension will terminate at their northern most property boundary,
approximately 415 feet south of this site. From the east, Section 1 of "Rountrey"
extended a sixteen (16) inch water line along North Woolridge Road from the existing
line at Water Mill Parkway. Future plans call for extending with the "Runtrey"
development a sixteen (16) inch water line from North Woolridge Road to Otterdale
Road. Further extension of this water line is proposed with the development of
"Tinsdale" subdivision to be located on parcel GPIN: 7146927432 north of this site. With
"Tinsdale", a sixteen (16) inch line will be extended along their frontage with Otterdale
Road and when completed will terminate approximately 700 feet north of this site.
Use of the public water system is required, therefore the applicant could withdraw the
proffer to use the public water system (Proffered Condition 2). In conjunction with
development, extension of a sixteen (16) inch water line will be required along the
frontage with Otterdale Road. Per Utilities Department Design Specifications (DS-21),
wherever possible, two (2) supply points shall be provided for subdivisions containing
more than 25 lots. To provide the two (2) supply points, tie-ins to the sixteen (16) inch
water lines proposed with the "Tinsdale" development and the "Cambria" development
may be required.
Public Wastewater System:
There is an existing fifty-four (54) inch wastewater trunk line extending along the north
side of Genito Road approximately 7,000 feet southeast of this site. Construction is
underway to extend a forty-two (42) inch wastewater trunk line along Swift Creek and
Nelsons Branch to serve the Hallsley Development. When completed this trunk line will
be approximately 100 feet south of the southern boundary of this site. Plans have been
submitted for approval to extend an eight (8) inch wastewater line from the forty-two (42)
inch trunk line across the request site to serve the "Tinsdale" development. Use of the
public wastewater system is required; therefore, the applicant could withdraw the proffer
to use the public wastewater system. (Proffered Condition 2)
ENVIRONMENT AL
Drainage and Erosion:
The subject property is adjacent to Swift Creek. There are no known on- or off-site
drainage or erosion problems and none are anticipated after development. The property
is mostly wooded and, as such, should not be timbered without obtaining a land
disturbance permit from the Department of Environmental Engineering and the
appropriate devices being installed. (Proffered Condition 1)
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Water Quality:
As noted above, Swift Creek is adjacent to the request property. Swift Creek is a
perennial stream and, as such, is subj ect to a 100- foot conservation buffer inside of which
uses are very limited.
The two (2) smaller parcels (approximately 9.5 acres of the 26.2 acre request) adjacent to
Swift Creek are 100 percent within the floodplain, RP A or wetlands. The larger parcel
(the remaining approximately 16.7 acres) is crossed by two streams which show signs of
being perennial in nature. A perennial flow determination will need to be submitted and
approved by the Water Quality Section prior to submitting any tentative plan.
With the adoption of the amended Upper 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 requirements 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/l in-lake phosphorus for 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. The
applicant has addressed these goals. (Proffered Condition 6)
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. The residential
portion of this development will have an impact on these facilities.
Fire Service:
The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls
are expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6)
new fire/rescue stations are recommended for construction by 2022 in the Plan. In
addition to the six (6) new stations, the Plan also recommends the expansion of five (5)
existing stations.
Based on forty-seven (52) dwelling units, this request will generate approximately five
(5) calls for fire and emergency medical service each year. The applicant has addressed
the impact on fire and EMS. (Proffered Condition 3)
The Swift Creek Fire Station, Company 16 currently provides fire protection and
emergency medical service. When the property is developed, the number of hydrants,
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quantity of water needed for fire protection, and access requirements will be evaluated
during the plans review process.
Schools:
Approximately twenty-eight (28) (Elementary: 12, Middle: 7, High: 9) students will be
generated by this development. Currently this site lies in Watkins Elementary School
attendance zone: capacity - 752, enrollment - 743; Midlothian Middle School: capacity -
1,301, enrollment - 1,424; and Midlothian High School: capacity - 1,589, enrollment -
1,520. The enrollment is based on September 29, 2006 and the capacity is as of 2006-
2007.
This request will have an impact at the middle school level. There are currently eight (8)
trailers at Watkins Elementary, ten (10) trailers at Midlothian Middle.
The current CIP and Public Facilities Plan contain no new facilities in this area. Increased
capacity for this area will be provided by additions to these schools by 2012. 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 additional relief in the
future.
The applicant has addressed the impact of the development of schools. (Proffered
Condition 3)
Libraries:
Consistent with the Board of Supervisors' policy, the impact of development on library
services is assessed countywide. Based on projected population growth, The Chesterfield
County Public Facilities Plan (2004) identifies a need for additional library space
throughout the County. Development in this area of the county would most likely impact
either the existing Midlothian Library or the Clover Hill Library. The 2004 Public
Facilities Plan indicates a need for additional library space in this area of the County and
identifies the need for two new facilities, one in the vicinity of Powhite and Genito and
one in the vicinity of Winterpock and Beach. The applicant has offered measures to
assist in addressing the impact of this development on library facilities. (Proffered
Condition 3)
Parks and Recreation:
The Public Facilities Plan identifies the need for 3 regional, 7 community and 29
neighborhood parks by 2020. In addition, there is currently a shortage of community and
neighborhood park acreage in the county. The Public Facilities Plan identifies a need for
354 acres of regional park space, 252 acres of community park space and 199 acres of
neighborhood park space by 2020. The Plan also identifies the need for linear parks and
resource based-special purpose parks [historical, cultural and environmental] and makes
suggestions for their locations. The Plan also addresses the need for addition of
recreational facilities to include sports fields, trails, playgrounds, court games, senior
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centers and picnicking area/shelters at existing parks to complete build-out. The Plan
also identifies the need for water access and trails along the James and Appomattox
Rivers and their major tributaries, Swift and Falling Creeks. Co-location with middle and
elementary schools is desired. The applicant has offered measures to address the impact
of this proposed development on the infrastructure needs of Parks and Recreation.
(Proffered Condition 3)
Transportation:
The property is located on the west side of Otterdale Road north of the Genito Road
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 of the property could generate approximately 520 average daily trips
(ADT). These vehicles will initially be distributed along Otterdale Road, which had a
2006 traffic count of 1,000 ADT. Based on the volume of traffic it carried during peak
hours, Otterdale Road was functioning at an acceptable level (Level of Service B);
however, sections of Otterdale Road, specifically the area south of Genito Road, have
little or no shoulders, fixed objects adjacent to the edge of pavement, and extremely poor
vertical and horizontal alignments.
The Thoroughfare Plan identifies Otterdale 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 on the west side of Otterdale Road, measured from the
centerline, in accordance with this recommendation. (Proffered Condition 4.a)
Access to major arterials, such as Otterdale Road, should be controlled. The applicant
has proffered that direct vehicular access from the property to Otterdale 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 Otterdale Road at the public road intersection,
improve Otterdale 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 Otterdale Road, off-site right-of-way may have to be acquired from
adjacent properties. 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. Construction of
the left turn lane may require modification to the existing structure that conveys Swift
Creek under Otterdale Road.
Sight distance is limited when looking to the north from the property due to the vertical
alignment of Otterdale Road. The developer may have to construct additional
improvements to Otterdale Road in order to provide adequate sight distance.
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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
sections of Otterdale Road that are in extremely poor condition. 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 VDOT Six- Year Improvement
Program. The county has a project to improve sight distance at the intersection of Genito
Road and Otterdale Road and provide some shoulder improvements along Genito Road.
Survey is complete and preliminary design is underway. Construction is anticipated in
Spring 2008.
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 52* 1.00
Population Increase 141.44 2.72
Number of New Students
Elementary 12.12 0.23
Middle 6.76 0.13
High 8.79 0.17
TOTAL 27.66 0.53
Net Cost for Schools $278,096 $5,348
Net Cost for Parks 31,408 604
Net Cost for Libraries 18,148 349
Net Cost for Fire Stations 21,060 405
Average Net Cost for Roads 464,984 8,942
TOTAL NET COST $813,696 $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 with the option for the County to accept road
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improvements in lieu of cash for the road component of the cash proffer 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 single family residential use of 2.0 units per acre or less. The Plan is
currently being revised. The draft Plan, as recommended by the Planning Department, is
consistent with the aforementioned recommendation of the current Plan for this property.
Area Development Trends:
Surrounding properties to the north, south and west are zoned Agricultural (A) and are
occupied by single family residential uses on larger acreage parcels or are vacant.
Properties to the east are zoned Agricultural (A) and Residential (R-9) and are occupied
by single family residential use on larger acreage parcels or are vacant. It\ is anticipated
that residential development will continue in this area at densities suggested by the Plan.
Site Design:
The 26.2 acre tract proposed for R-12 zoning may be developed for cluster homes and/or
single family residential uses, all of which are discussed in further detail herein. If the
property is developed for more than one (1) dwelling type, the Textual Statement requires
the submission of a conceptual plan to either the Planning Commission or 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)
Densitv:
A maximum of 2.0 dwelling units per acre has been proffered, yielding an overall
maximum fifty-two (52) dwelling units. (Proffered Condition 5)
Dwelling Types:
As previously noted, single family dwellings and cluster homes are proposed. These uses
will be developed as follows:
Cluster Homes:
Cluster 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
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acre. Other standards include setbacks, provision of sidewalks, buffers, focal
point, street trees and paved driveways. (Textual Statement B.1.)
The requirements offered for cluster projects are consistent with those typically
required by the Commission and Board on similar projects recently approved.
Single Family Residential:
Single family residential uses would be required to be developed in accordance
with Ordinance requirements for Residential (R-12) Districts (Textual Statement
B.2.). The minimum lot size would be 12,000 square feet. Conditions address
minimum dwelling sizes. (Textual Statement B.2.a.)
Recreation Areas and Open Space:
The Textual Statement provides that, at the election of the developer, active and passive
recreational areas may be provided throughout the development and provides restrictions
to minimize the impact of these recreational uses on surrounding residential uses.
(Textual Statement 3)
Within each cluster home development, a minimum of .75 acres of open space would be
located as a focal point (Textual Statement b.1.H.). Also, 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.
CONCLUSION
The proposed zoning and land uses conform to the Upper Swift Creek Plan which suggests the
property is appropriate for single family residential use of 2.0 units per acre or less.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (7/17/07):
The applicant did not accept the recommendation. There was opposition present
expressing concerns relative to acting upon this request prior to adoption of the pending
Upper Swift Creek Plan and the impact of the development or emergency services,
schools, roads and water quality.
Mr. Bass indicated that additional time was needed to attempt to address concerns
relative to the impact of development on Otterdale Road.
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The applicant indicated they had no intention of amending the proffered conditions and
expressed concerns that the expectations of a zoning applicant was changing without
adequate discussion.
Mr. Wilson questioned the necessity for deferral since the applicant had indicated that
revisions would not be forthcoming.
On their own motion, the Commission deferred this case to their October 16,2007, public
hearing.
Staff (7/20/07):
The applicant was advised in writing that any new or revised information must be
received no later than August 13, 2007, for consideration at the October 16, 2007,
meeting.
Staff (9/27/07):
To date, no new or revised information has been received.
Planning Commission Meeting (10/16/07):
The applicant did not accept the recommendation. There was a general discussion
regarding the recommendation of the Upper Swift Creek Plan regarding protection of the
Reservoir's water quality. The applicant indicated that the proffered condition suggested
by staff regarding water quality was not, in their opinion, consistent with the Board's
recommendation.
There was opposition present indicating that the cumulative impact of various
development proposals on capital facilities should be considered; the deferred growth and
level of services recommendations by the Planning Commission should have been
adopted as part of the Upper Swift Creek Plan; and area roads and schools are inadequate
to accommodate further development.
Mr. Bass indicated that roads are unsafe and he, therefore, could not support the rezoning.
Messrs. Gecker and Gulley further indicated that approval would adversely affect the
health, safety and welfare of citizens.
Mr. Wilson indicated the proposal conforms to the Plan provided the water quality
recommendations are addressed.
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On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended denial.
AYES: Messrs. Gecker, Gulley and Bass.
NAYS: Messrs. Litton and Wilson.
Applicant (10/23/07 & 11/6/07):
Revised proffered conditions regarding water quality were submitted.
The Board of Supervisors, on Wednesday, January 9, 2008, beginning at 6:30 p.m., will take
under consideration this request.
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TEXTUAL STATEMENT
May 14,2007
This is a request to rezone 26.2 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 of Uses. Within the Property there shall be no "mixing" of uses (e.g., if the
Property is to be developed for cluster homes, all of the Property shall be
developed as cluster homes, or if the Property is 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. 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.
b) Density. The overall density within each tract or part of a tract containing cluster homes
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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 fa<;ade
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)
All dwellings other than Cluster Homes shall meet the requirements of the Residential
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(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
More than 1 story
1,700 square feet;
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 for fifty (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.
(v) There shall be no outside public address system or speakers.
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(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, Agent
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