01SN0165-AUG22j.pdf~,~,.~ 17, '~nn~
August 22, 2001 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
01SN0165
Dean Ted Patrick
Bermuda Magisterial District
Northern terminus of Ironbridge Boulevard
REQUESTS: I. Rez0ning from Agricultural (A) to Residemial (R-12).
II. Relief to street access requirements for more than fifty (50) lots.
PROPOSED LAND USE:
A single family residential subdivision with a minimum lot size of 12,000 square
feet is planned. The applicant has agreed to limit development to a maximum
density of 1.9 units per acre.
PLANNING COMMISSION RECOMMENDATION:
RECOMMEND APPROVAL OF THE REZONING AND ACCEPTANCE OF THE
PROFFERED CONDITIONS ON PAGES 3 THROUGH 10. RECOMMEND DENIAL OF THE
RELIEF TO STREET ACCESS REQUIREMENTS FOR MORE THAN FIFTY (50) LOTS.
AYES: Mssrs. Litton and Gecker
NAYS: Mr. Cunningham
ABSTENTION: Mr. Marsh
ABSENT: Mr. Gulley
1 01SN0165/WP/AUG22J
STAFF RECOMMENDATION
I. Recommend approval of the rezoning for the following reasons:
The proposed zoning and land use complies with the Central Area Plan which
suggests the property is appropriate for residential development of 1.0 to 2.5 units
per acre.
The development standards of the Zoning Ordinance and proffered conditions
further ensure land use compatibility with area residential development.
The proffered conditions adequately address the impact of this development on
necessary capital facilities, as outlined in the Zoning Ordinance and the
Comprehensive Plan. Specifically, the need for schools, parks, libraries, fire
stations and transportation facilities is identified in the County's adopted Public
Facilities Plan, FY 2001-2005 Capital Improvement Program and Thoroughfare
Plan and the impact of this development is discussed herein. The proffered
conditions adequately mitigate the impact on capital facilities and thereby ensure
that adequate service levels are maintained as necessary to protect the health, safety
and welfare of County citizens.
II.
Recommend denial of the request for relief to street access requirements for more than fifty
(50) lots for the following reason:
Without provision of a second access, the accessibility to and from the development in an
emergency situation should, access be blocked, will be restricted thereby adversely
affecting the health, safety and welfare of citizens in the development.
(NOTES:
THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER
CONDITION. THE PROPERTY OWNER MAY PROFFER OTHER
CONDITIONS.
Co
THE COUNTY WILL NOT BE RESPONSIBLE FOR ENFORCING THE
RESTRICTIVE COVENANTS IN PROFFERED CONDITION 8, ONLY
THAT THEY BE RECORDED. ONCE THE COVENANTS ARE
RECORDED, THEY MAY BE AMENDED AS PROVIDED FOR IN
THE COVENANTS.)
THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED
UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS
WITH ONLY "STAFF" ARE RECOMMENDED SOLELY BY THE
STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL
CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.
2 01SN0165/WP/AUG22J
PROFFERED CONDITIONS
(STAFF/CPC) 1.
(STAFF/CPC) 2.
(STAFF/CPC) 3.
(STAFF/CPC) 4.
Except for timbering approved by the Virginia State Department of
Forestry for the purpose of removal of dead or diseased trees, there
shall be no timbering on the Property until a land disturbance permit
has been obtained from the Environmental Engineering Department
and the approved devices have been installed. (EE)
The public water and wastewater system shall be used. (U)
Any lot abutting Autumn Oaks Subdivision and Tax ID # 778-658-
4723 and 778-657-4779 shall meet the requirements of the Zoning
Ordinance for R-40 zoning. (P)
Any lot abutting Arbor Landing Subdivision shall meet the
requirements of the Zoning Ordinance for R-15 zoning. (P)
(STAFF/CPC) 5. a.
bo
Any dwelling on any lot adjacent to Tax ID # 778-659-3426,
778-659-5105, and 778-658-5490 Autumn Oaks, Section D,
Block G, Lots 1,3,4 shall have at least 3,000 square feet of
gross floor area.
The minimum square footage of dwellings adjacent to Tax
ID#s 777-657-0160, 777-657-0868, 777-657-1967, 777-
657-2966, 777-657-3967, 777-657-4968, 777-657-5868,
777-657-6864, 777-657-7870, 777-657-8871, 778-657-0471,
777-657-2441 and 778-657-3367 Arbor Landing, Section 1,
Lots 18 through 29 and 778-658-4723, 778-657-4779 shall
be 2,100 square feet of gross floor area.
The minimum square footage of dwellings adjacent to Tax
ID #s 775-657-6392, 775-657-7493, 775-657-8292, 775-
657-9192, 775-657-9991, 776-657-0792, 776-657-1592,
776-657-2393, 776-657-3194, 776-657-4095, 776-657-4894,
776-658-6202, 776-657-7496, 776-657-7788, 776-657-7573,
and 776-657-7865 Arbor Landing, Section 10, Lots 1, 2, 4
through 6, and 8 through 18 shall be 2,100 square feet of
gross floor area.
The minimum square footage of all other dwellings shall be
1,800 square feet of gross floor area. (P)
3 01SN0165/WP/AUG22J
(STAFF/CPC)
(STAFF/CPC)
o
o
There shall be no access from this project to the Autumn Oaks
Subdivision. There shall be no stub roads or rights-of-way provided
along the eastern property boundary. (T)
There shall be at least one stub road provided to Tax ID//776-659-
1638. (T)
(STAFF/CPC)
The following Declaration of Restrictions shall be recorded in
conjunction with the recordation of any subdivision plat:
The owners do hereby declare that said property is to be held, owned, conveyed,
used and occupied subject to the following restricting covenants.
No lot shall be used except for residential and related
purposes. No residence shall be erected, altered, placed or
permitted to remain on any lot other than one detached
single-family dwelling not to exceed two and one-half stories
in height and a private garage for no more than two cars.
No fence or wall, except approved fences, approved by the
Architectural Control Committee, shall be erected, placed or
altered on any lot. Nothing contained herein shall be
deemed to prohibit the use of a lot or lots for the purposes of
providing residential utility services to and for other lots.
o
ao
Any dwelling on any lot adjacent to Tax ID//778-
659-3426, 778-659-5105, and 778-658-5490 Autumn
Oaks, Section D, Block G, Lots 1, 3, 4 shall have at
least 3,000 square feet of gross floor area.
bo
The minimum square footage of dwellings adjacent
to Tax ID//s 777-657-0160, 777-657-0868, 777-657-
1967, 777-657-2966, 777-657-3967, 777-657-4968,
777-657-5868, 777-657-6864, 777-657-7870, 777-
657-8871, 778-657-0471, 777-657-2441, and 778-
657-3367 Arbor Landing, Section 1, Lots 18 through
29 and 778-658-4723, 778-657-4779 shall be as
follows:
The minimum gross floor area shall be 2,100 square
feet
The minimum average gross floor area shall be
2,300 square feet
4 01SN0165/WP/AUG22J
The minimum square footage of dwellings adjacent
to Tax ID#s 775-657-6392, 775-657-7493, 775-657-
8292, 775-657-9192, 775-657-9991, 776-657-0792,
776-657-1592, 776-657-2393, 776-657-3194, 776-
657-4095, 776-657-4894, 776-658-6202, 776-657-
7496, 776-657-7788, 776-657-7573 and 776-657-
7865 Arbor Landing, Section 10, Lots 1, 2, 4
through 6, and 8 through 18 shall be 2,100 square
feet of gross floor area.
do
The minimum square footage of all other dwellings
shall be as follows:
The minimum gross floor area shall be 1,800 square
feet
The minimum average gross floor area shall be
2,000 square feet
Any dwelling or building constructed on this property shall
have an- exterior finish of brick, stone, or Grade B or better
weather boarding or wood siding, high grade vinyl, or any
other finish approved by the Architectural Control
Committee, except that guest house, servant cottage or
dependency buildings may be constructed of other types
clapboard or masonry, provided all buildings shall be
painted or stained, and finished in a workmanlike manner
and similar in appearance to dwelling.
All buildings shall be covered with permanent type roofing
of slate, high quality asbestos or asphalt shingles, tile, or
other equal or similar roofing. No lot owner/builders shall
use plastic or aluminum siding, paneled siding such as T-
111, plywood or masonite type panels as siding on any
homes. All foundations shall be of brick, stone or equal as
approved by the Architectural Control Committee.
Successor in title to lots shall not be permitted to further
subdivide any lots without the consent or approval of the
developer or their assign, or as otherwise provided herein.
No building shall be erected, placed or altered on any lot
until the construction plans and specifications and a plan
showing the location of the structure have been filed with
5 01SN0165/WP/AUG22J
o
and approved by the Architectural Control Committee as to
quality of workmanship and materials, harmony of exterior
design, and as to location with respect to topography and
finish grade elevation. No fence or wall shall be erected,
placed or altered on any lot nearer to any street than the
minimum building setback line unless similarly approved.
The Architectural Control Committee is composed of the
following three persons: The Developer, an Architect or
Engineer, and a third member appointed by the Developer.
The Committee shall designate a representative to act for it.
In the event of the death or resignation of one of the
members of the Co~ittee, the remaining members shall
have full authority to designate a successor, provided said
successor is the owner of a lot in the subdivision. Neither
the members of the committee not its designated
representative shall be entitled to the compensation for
services performed pursuant to this covenant; provided,
however, the Committee may employ an architect to assist in
its work, in which event, a charge not in excess of $50.00
may be made for services of said architect, such amount to
be paid by any lot owner, for consideration of whose plans,
in the opinion of said Committee require the services of said
architect.
The Committee's approval or disapproval as required in
these covenants shall be in writing.
Easements for utilities and drainage are reserved as shown
on the recorded plat. The right is reserved to the developer,
their successors and assigns, to establish and grant any
additional easements along, over, upon and across any lots
owned by it, (located when possible along lot lines) and
along, over, upon and across any streets, alleys, venues or
drives for the purpose of furnishing utilities and/or drainage
in or through said subdivision.
No structure of a temporary character, trailer, basement,
tent, shack, garage, barn, other outbuilding shall be used on
any lot at any time as a residence, whether temporary or
permanently.
6 01SN0165/WP/AUG22J
10.
11.
12.
13.
14.
15.
No animals, livestock or poultry of any kind shall be raised,
bred, or kept on any lot, except dogs, cats, or other
household pets which may be kept, provided they are not
kept, bred or maintained for any commercial purposes. No
dog pens/runs shall be permitted.
No sign of any kind shall be displayed to the public view on
any lot except one sign of not more than four (4) square feet
advertising the property during the construction and sales
period not to exceed the twenty-four (24) square feet.
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 thirty years from the date the covenants are
recorded, after which time said covenants shall be
automatically extended for successive periods of ten years
unless an instrument signed by majority of the then owners
of the lots has been recorded, agreeing to change said
covenants in whole or part.
Enforcement shall be by proceeding at law or in equity
against any person or persons violating or attempting to
violate any covenant either to restrain violation or to recover
damages.
Invalidation of any one of these covenants by judgement or
court order shall in no way affect any of the other provisions
which shall remain in full force and effect.
The Architectural Control Committee by unanimous
consent, their successors and assigns, expressly reserve the
right to waive, amend or change any or all of said conditions
and restrictions as to any lots owned by them; and, with
consent of the owner thereof, as to any lots therein,
heretofore or hereafter sold or conveyed by them. The sole
right of the Committee to amend these restrictions shall
terminate when all of the above described lots shall have
been sold or conveyed by them, and thereafter, these
conditions and restrictions may be waived, amended or
changed by the owners of a majority of the above described
homeowners.
7 01SN0165/WP/AUG22J
(STAFF/CPC)
Except that no such waiver, amendment or change shall be
made which will permit any lots in the subdivision to be
used for any purpose other than for a single family dwelling
site or for providing residential utility services to the
subdivision. (P)
16.
17.
Wood, vinyl, ornamental metal, or other fences approved by
the Architectural Control Committee may be permitted. No
chain link or metal wire fences shall be erected on any lot.
Preservation of natural features and the feeling of openness
contribute greatly to a residential subdivision's character and
distinguish a development from typical developments.
Topographic and vegetation characteristics of lots must not
be altered by remoVali reduction, cutting, excavation or any
other means withoUt the prior written approval of the
Architectural Control Committee.
18. Approval is required for, but not limited to, the following:
Removal of any live tree whose truck is over eight
inches (8") in diameter when measured at a point two
feet (2') above the ground. No prior approval is
required for removal of dead or diseased trees; storm
damage trees may be removed or trimmed without
prior approval only where they constitute a threat to
life or property.
Any plantings used as a hedge or windbreak or for
screening purposes. Hedges will be considered on
an individual basis, but are generally discouraged.
Landscaping which involves a change of grade or
slope, or installation of a retaining wall or other
structure.
Shrubs or trees which will be over two feet (2') tall
at maturity.
In conjunction with recordation of the first subdivision plat, an
eighty (80) foot wide right-of-way for the North/South Arterial
through the Property, shall be dedicated, free and unrestricted, to
and for the benefit of Chesterfield County. The exact location for
8 01SN0165/WP/AUG22J
the right-of-way shall be approved by the Transportation
Department. (T)
(STAFF/CPC)
10.
Direct access to the North/South Arterial shall be limited to one (1)
public road. The exact location of this access shall be approved by
the Transportation Department. (T)
(STAFF/CPC)
11.
To provide for an adequate roadway system at the time of complete
development, the developer shall be responsible for the following:
a)
b)
Construction of two (2) lanes of the North/South Arterial, to
VDOT urban minor arterial standards (50 MPH) with
modifications approved by the Transportation Department,
through the property.
Construction of additional pavement along the North/South
Arterial at the approved access to provide left and right turn
lanes, if warranted based on Transportation Department
standards.
c)
Dedication to Chesterfield County, free and unrestricted, of
any additional right-of-way (or easements) required for the
improvements identified above. (T)
(STAFF/CPC)
12.
Prior to any road and drainage plan approval, a phasing plan for the
required road improvements, as identified in Proffer Condition 11,
shall be submitted to and approved by the Transportation
Department. (T)
(STAFF/CPC)
13.
The overall density shall not exceed 1.9 units per acre. The overall
minimum average lot size will be 18,000 square feet. (P)
(STAFF/CPC)
14.
The project stormwater management design shall achieve an
attenuation of the 2, 10 and 100 year peak storms from the
contributing watershed to the pre-development 2, 10 and 100 year
peak storms. (EE)
(STAFF/CPC)
15.
The applicant, subdivider, or assignee(s) shall pay the following to
the County of Chesterfield prior to the time of building permit
application for infrastructure improvements within the service
district for the property:
(a) $7,800 per lot, if paid prior to July 1, 2001; or
9 01SN0165/WP/AUG22J
(b)
(c)
The amount approved by the Board of Supervisors not to
exceed $7,800 per lot adjusted upward by any increase in
the Marshall and Swift Building Cost Index between July 1,
2000, and July 1 of the fiscal year in which the payment is
made if paid after June 30, 2001.
In the event the cash payment is not used for the purpose for
which proffered within 15 years of receipt, the cash shall be
returned in full to the payor. (B and M)
(STAFF/CPC)
16.
At the time of initial occupancy, garages shall be provided on all of
the dwelling units adjacent to Tax ID #s 77%657-0160, 777-657-
0868, 777-657-1967, 777-657-2966, 777-657-3967, 777-6574968,
777-657-5868, 777-657-6864, 77%657-7870, 77%657-8871, 778-
657-0471, 777-657-2441, and 778-657-3367 Arbor Landing,
Section 1, Lots 18 through 29; 775-657-6392, 775-657-7493, 775-
657-8292, 775-657-9192, 775-657-9991, 776-657-0792, 776-657-
1592, 776-657-2393, 776-657-3194, 776-657-4095, 776-6574894,
776-658-6202, 776-657-7496, 776-657-7788, 776-657-7573, and
776-657-7865 Arbor Landing, Section 10, Lots 1, 2, 4 through 6,
and 8 through 18; and 778-659-3426, 778-659-5105, and 778-658-
5490 Autumn Oaks, Section D, Block G, Lots 1,3, and 4. (P)
(STAFF/CPC)
17.
A boulevard type entrance shall be provided at the intersection with
the North/South Arterial. The boulevard entrance shall be a raised,
landscaped median a minimum of sixteen feet (16') in width and a
minimum of one hundred feet (100') in length. (P)
GENERAL INFORMATION
Location:
Northern terminus of Ironbridge Boulevard and south of the western terminus of Deep
Forest Road. Tax ID 777-658-3136 (Sheets 25 and 26).
Existing Zoning:
A
Size:
48.5 acres
10 01SN0165/WP/AUG22J
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North - R-12; Vacant
South - R-15 with Conditional Use Planned Development; Single family residential or
vacant
East - R-25 and A; Single family residential or vacant
West - R-MF and 0-2; Vacant
UTILITIES
Public Water System:
There is an existing twelve (12) inch water line along Ironbridge Boulevard, terminating
approximately 750 feet south of the request site. There is an existing twelve (12) inch
water line in Turkey Oak Road, in Autumn Oaks Subdivision, terminating approximately
400 feet north of the request site. There is also an existing eight (8) inch water line along
Wrexham Road, terminating approximately 2,000 feet north of the request site.
Use of the public water system is intended and has been proffered 0~roffered Condition 2).
The developer should coordinate with the owner of the property immediately to the north
to loop the existing water lines in Ironbridge Boulevard and Wrexham Road. Looping the
water line would provide an additional water source and increased water pressure to area
development.
Public Wastewater System:
There is an existing eight (8) inch wastewater collector extending along Walnut Landing
Way in Arbor Landing Subdivision, approximately 375 feet southeast of the request site.
Use of the public wastewater system is intended and has been proffered. (Proffered
Condition 2)
ENVIRONMENTAL
Drainage and Erosion:
The property drains to the southeast through tributaries to Great Branch and then into
Proctors Creek. There are no known on-site drainage or erosion problems. Downstream
of the property, where Great Branch flows under Chalkley Road, the road has been
subjected to flooding. During construction of Ironbridge Subdivision, a lake was designed
and constructed to retain water on-site. Due to the potential flooding of Chalkley Road,
11 01SN0165/WP/AUG22J
the developer should retain water on-site so the runoff does not increase above the current
condition. (Proffered Condition 14)
The property is heavily wooded. The applicant has proffered that, with the exception of
timbering which has been approved by the Department of Forestry to remove dead or
diseased trees, there will be no timbering until a land disturbance permit has been obtained
from the Environmental Engineering Department (Proffered Condition 1). This will insure
that proper erosion control measures are in place prior to any timbering and related land
disturbance.
Wetlands may exist on certain portions of the property.
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and FY 2001-2005 Capital Improvement Program. The
proposed development will have an impact on these facilities.
Fire Service:
The Public Facilities Plan indicates that emergency services calls are expected to increase
forty-five (45) percent by the year 2015. Eight (8) new fire/rescue stations are
recommended for construction by the year 2015 in the Public Facilities Plan. Based on
ninety-two (92) homes, this development will generate approximately twenty-one (21)
emergency calls for fire and rescue services each year. The applicant has offered measures
to assist in addressing the impact of this development on these facilities. (Proffered
Condition 15)
Fire protection is currently provided by the Chester Fire/Rescue Station, Company
Number 1. Emergency medical service is provided by Bensley-Bermuda Rescue Squad.
To satisfy the requirement of Section 17-76 of the Subdivision Ordinance, when the
accumulative total of homes in this proposed development exceeds fifty (50) a second
public road access to all dwellings should be provided. This requirement is necessary to
provide emergency vehicles a second access to the homes should the other entrance become
blocked. The only available existing access to the subject property is Ironbridge
Boulevard. With the proffered limitation of only one (1) access to Ironbridge Boulevard
and the other restriction relative to connecting to other existing development, there is only
one (1) existing means to access the property. The applicant has attempted to address this
concern by agreeing to provide a divided median road for a distance of 100 feet from the
intersection with Ironbridge Boulevard. A divided median does not provide the same
assurance as a remotely located second access during an emergency situation. The
Subdivision Ordinance would not require a second means of access if the road from
12 01SN0165/WP/AUG22J
Ironbridge Boulevard were constructed as a no lot frontage collector road which would
provide access to future area development. The proffer of a stub road to the adjacent
undeveloped parcel as a means of providing a future second public road access does not
meet the intent of Section 17-76 (Proffered Condition 7). The Fire Department opposes
granting relief from providing a second public road access or construction of a no lot
frontage collector road. The development should be limited to fifty (50) homes until a
second public road access is provided or a no lot frontage collector road is constructed, in
accordance with the provisions of the Subdivision Ordinance.
When the property is developed, the number of hydrants and quantity of water needed
for fire protection will be evaluated during the plans review process.
Schools:
Approximately fifty-one (51) school age children will be generated by this development.
The site lies in the Ecoff Elementary School attendance zone: capacity - 750, enrollment -
790; Carver Middle School zone: capacity - 1,200, enrollment - 1,260; and Bird High
School zone: capacity - 1,575, enrollment - 1,837. This development will have an impact
on area schools. There are currently five (5) trailers in use at Ecoff Elementary School.
Bird High School has thirteen (13) trailers in use. The applicant has offered measures to
assist in addressing the impact of this development on school capital facilities. (Proffered
Condition 15)
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. Taking
into account the additional space provided by the two (2) currently funded projects, the
new LaPrade and Chester Libraries, there is still a projected need for 50,000 additional
square feet of library space County-wide by 2015. The proposed development could
impact either the Central Library or the Chester Library. The applicant has offered
measures to assist in addressing the impact of this development on library facilities.
(Proffered Condition 15)
Parks and Recreation:
The Public Facilities Plan identifies the need for two (2) new regional parks. In addition,
there is currently a shortage of community level parks facilities in the central area. The
Public Facilities Plan identifies a need to develop seventy (70) acres of community parks in
the central area by 2015. The applicant has offered measures to assist in addressing the
impact of this development on these facilities. (Proffered Condition 15)
13 01SN0165/WP/AUG22J
Transportation:
The applicant has proffered a maximum density of 1.9 units per acre (Proffered Condition
13). This proffer would permit development of ninety-two (92) residential units on the
property. Based on single family trip rates, this development could generate approximately
960 average daily trips. These vehicles will be distributed along area roads to Iron Bridge
Road (Route 10) and Centralia Road which had 1997 traffic counts of 24,562 and 12,040
vehicles per day, respectively.
The Thoroughfare Plan identifies a north-south major arterial ("North/South Arterial")
with a recommended right of way width of ninety (90) feet extending through the property.
The "North/South Arterial" is an extension of Ironbridge Boulevard, north to Old
Wrexham Road. In conjunction with development of ArbOr Landing SubdiVision and
Wrexham Subdivision, an eighty (80) foot wide right of way was dedicated for Ironbridge
Boulevard and Old' Wrexham Road. In addition, the Board of Supervisors approved the
rezoning (Case 89SN0346) of approximately 145 acres (Taylor Tract) for a mixed use
project, located to the north, between Wrexham Subdivision and the subject property. A
proffered condition of zoning for development of the Taylor Tract requires the dedication
of an eighty (80) foot wide right of way for the "North/South Arterial". Since an eighty
(80) foot wide right of way was approved for the "North/South Arterial" on the adjacent
properties to the north and south, an eighty (80) foot wide right of way through the subject
property is acceptable. The applicant has proffered to dedicate an eighty (80) foot wide
right of way for the "North/South Arterial" in accordance with the Thoroughfare Plan.
(Proffered Condition 9)
Access to major arterials, such as the "North/South Arterial", should be controlled. The
applicant has proffered that direct access to this road will be limited to one (1) public road
(Proffered Condition 10). The applicant has also proffered two (2) additional conditions
regarding access to adjacent properties. Proffered Condition 6 states that there will be no
access from the property to Autumn Oaks Subdivision, and there will be no stub
road/rights of way provided along the eastern boundary of the property. Proffered
Condition 7 requires that at least one (1) stub road be provided from the property to the
adjacent parcel to the north (Taylor Tract).
The traffic impact of this development must be addressed. The applicant has proffered to:
1) construct two (2) lanes of the "North/South Arterial" through the property; and 2)
construct left and right turn lanes along the "North/South Arterial" at the approved access,
if warranted based on Transportation Department standards. (Proffered Condition 11)
The Thoroughfare Plan identifies the need to improve existing roads, as well as construct
new roads to accommodate growth. Area roads need to be improved to address safety and
accommodate the increase in traffic generated by this development. The applicant has
t4 01SN0165/WP/AUG22J
proffered to contribute cash towards mitigating this traffic impact. (Proffered Condition
15)
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units *92.00 1.00
Population Increase 257.60 2.8
Number of New Students
Elementary 23192 0:26
Middle 11.96 0.13
High 14.72 0.16
TOTAL 50.60 0.55
Net Cost for Schools 330,556 3,593
Net Cost for Parks 74,428 809
Net Cost for Libraries 23,368 254
Net Cost for Fire Stations 23,460 255
Average Net Cost for Roads 299,184 3,252
750,996 I 8,163
TOTAL
NET
COST
*Based on proffered density. (Proffered Condition 13)
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
$8,163 per unit. Circumstances relevant to this case as presented by the applicant have been
reviewed and it has been determined that it would be appropriate to accept the maximum cash
proffer in this case. The applicant has been advised that a maximum proffer of $7,800 per unit
would defray the cost of the capital facilities necessitated by the proposed development. The
applicant has offered measures to assist in addressing the impact of this development on these
capital facilities. (Proffered Condition 15)
The Planning Commission and Board of Supervisors, through their consideration of this request,
may determine that there are unique circumstances relative to this case that may justify acceptance
of proffers below the value of the maximum acceptable amount.
15 01SN0165/WP/AUG22J
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan which suggests the property is
appropriate for residential use of 1.0 to 2.5 units per acre.
Area Development Trends:
Area development is characterized by a mix of office, residential and agricultural zonings
and land uses. Property to the north is zoned Residential (R-12) and is vacant; property to
the south is zoned Residential (R~lS) with Conditi0ml Use Planned Development and is
occupied by single family residences in Arbor Landing Subdivision or is vacant; property
to the east is zoned Agricultural (A) and Residential (R-25) and is occupied by single
family residences in Autumn Oaks Subdivision or is vacant; and property to the west is
zoned Residential Multi-family (R-MF) and Corporate Office (0-2) and is vacant. The
Plan anticipates residential development continuing in the area east of Ironbridge Boulevard
and a mixture of residential and office uses.
Zoning History:
On September 25, 1996, the Board of Supervisors denied a request to rezone the subject
property to Residential 0~-12). A comparison of the 1996 case and the current proposal is
attached. The denial was based upon concerns relative to compatibility relating to lot sizes,
setbacks and house sizes; emergency access; and impacts on public facilities.
Comparison of Area Densi _ty, Lot Size and House Size with Applicant's Proposal:
While the Residential (R-12) property to the north (Taylor Property) has not been
developed, conditions of zoning approval limit it to a maximum density of 2.14 units per
acre. The zoning would require a minimum lot size of 12,000 square feet. With the
exception of minimum house sizes adjacent to Wrexham Estates, there were no minimum
house size requirements.
The minimum lot sizes for the development will be 12,000 square feet. The applicant has
agreed to limit development to a maximum density of 1.9 units per acre, with an overall
minimum average lot size of 18,000 square feet (Proffered Condition 13). This density
could yield approximately 92 lots. Except as stated herein, the applicant has proffered a
minimum house size of 1,800 square feet of gross floor area. (Proffered Condition 5.d.)
Autumn Oaks Subdivision abuts the property to the northeast and has developed at a
density of 0.5 units per acre. Lot sizes in Autumn Oaks, Section D, range from a minimum
16 01SN0165/WP/AUG22J
of approximately 27,860 square feet to a maximum of approximately 103,000 square feet.
The applicant has proffered that any lot abutting Autumn Oaks Subdivision will meet the
requirements of the Residential (R~40) District (Proffered Condition 3). This will require a
minimum lot size of 40,000 square feet and that setbacks on those lots conform to R-40
requirements. In addition, the applicant has proffered a minimum house size of 3,000
square feet of gross floor area on any lot adjacent to Autumn Oaks. By comparison, the
house sizes in AutUmn Oaks, Section D, range from approximately 3,611 to 4,578 square
feet of gross floor area.
Arbor Landing, Sections 1 and 10 abuts the southern property line. These sections have
developed with a density of 1.95 and 2.5 units per acre, respectively. The applicant has
agreed to a minimum lot size of 15,000 square feet adjacent to Arbor Landing and to meet
R-15 setbacks on these lots (Proffered Condition 4). Sizes of lots in Arbor Landing which
abut the subject property range from a minimum of approximately 10,600 square feet to a
maximum of approximately 30,300 square feet. Further, the applicant has agreed to a
minimum house size of 2,100 square feet of gross floor area on any lot adjacent to Arbor
Landing, Sections 1 and 10 and the agriculturally zoned property located east of the request
site. By comparison, the house sizes on adjacent lots in Arbor Landing range from
approximately 2,050 to 3,430 square feet of gross floor area.
Garages:
To address compatibility concerns expressed by area citizens, the applicant has agreed that
at the time of initial occupancy garages will be provided on all dwellings on lots adjacent to
Arbor Landing and Autumn Oaks Subdivisions (Proffered Condition 16). Subsequent to
occupancy, a future homeowner would be allowed to convert the garage for some other use
such as a recreational room.
Restrictive Covenants:
The applicant has agreed to record Restrictive Covenants (Proffered Condition 8). It
should be noted that the County will not be responsible for enforcing the restrictive
covenants, only that they be recorded. Once recorded, the restrictive covenants may be
changed.
CONCLUSIONS
The proposed zoning and land use complies with the Central Area Plan which suggests the
property is appropriate for residential development of 1.0 to 2.5 units per acre. The development
standards of the Zoning Ordinance and proffered conditions further ensure land use compatibility
with area residential development. The proffered conditions adequately address the impact of this
development on necessary capital facilities, as outlined in the Zoning Ordinance and the
Comprehensive Plan. Specifically, the need for schools, parks, libraries, fire stations and
17 01SN0165/WP/AUG22J
transportation facilities is identified in the County's adopted Public Facilities Plan, FY 2001-2005
Capital Improvement Program and Thoroughfare Plan and the impact of this development is
discussed herein. The proffered conditions adequately mitigate the impact on capital facilities and
thereby ensure that adequate service levels are maintained as necessary to protect the health, safety
and welfare of County citizens. Given these considerations, approval of the rezoning is
recommended.
Staff, however, does not support the request for relief from the requirement relative to street
access for more than fifty (50) lots. The concerns relating to this relief are outlined in the Fire
Department section of this "Request Analysis."
CASE HISTORY
Applicant (6/19/01):
Revised and additional proffered conditions were submitted.
Planning Commission Meeting (6/19/01):
On their own motion, the Commission deferred this case to their July 17, 2001, public
hearing.
Staff (6/20/01):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than June 25, 2001, for consideration at the Commission's July 17,
2001, public hearing.
Staff (6/25/01):
To date, no new information has been received.
Planning Commission Meeting (7/17/01):
The applicant did not accept the recommendation. There were several area residents in
favor of the request indicating their support of not extending Deep Forest Road into the
development. One person was present who expressed concern relative to the potential of
18 01SN0165/WP/AUG22J
this development increasing the flooding problem on Chalkley Road and the potential
existence of endangered wildlife on the property and wetlands.
Mr. Cunningham stated all indications to him at this point were that Autumn Oaks and
Arbor Landing residents supported the request because the applicant had addressed their
concerns either through proffered conditions or restrictive covenants. He stated previous
rezoning requests was denied by the Planning Commission and Board of Supervisors;
however, this application made significant concessions to resolve the previously raised
concerns. He addressed the applicant's ability to construct a no lot frontage collector road
through the property to satisfy the requirements for emergency access but that there would
still be only one (1) access to the site. He stated he had requested and the applicant had
agreed to address the emergency access concern by providing a divided median road for a
distance of 100 feet from the intersection with konbridge Boulevard, noting other
boulevard-type entrances had been approved in the County in the past. He stated each time
a request was submitted for infill development, such as the proposed request, area residents
come forward to request that the development not connect stub roads to their communities.
He stated he was in a somewhat awkward position in that he was trying to provide balance
and be fair to all concerned given the position of the Autumn Oaks Subdivision residents
and the applicant's willingness to provide a stub road to the adjacent property to the north
(Taylor Tract). He made a motion to approve the request and accept the proffered
conditions outlined on pages 3 through 10. Mr. Marsh seconded the motion to allow
discussion.
Mr. Gecker stated that assuming the residents of Autumn Oaks were prepared to accept
delays in emergency response services, there was no means to guarantee adequate access
for the subject property and that, in reality, there could be potential delays for future
residents of the subject property as well as potential 200 plus future residents of the R-12
Tract to the north based upon the Fire Department's comments.
In response to questions staff indicated that the intent of the no lot frontage road
requirement was to allow road extension from Ironbridge Boulevard through the subject
property to the property line and, at some point connection to adjacent property and that a
boulevard-type entrance was no different than a road without a divided median.
Mr. Cunningham stated, in his opinion, there was no different between a boulevard
entrance road and a no lot frontage road with respect to addressing concerns relative to an
emergency access.'
Mr. Gecker stated he appreciated the desire of Autumn Oaks residents to preclude a road
connection to their neighborhood and the desire of the developer to exceed the fifty (50) lot
requirement fo rhis project; that there had not been many requests to exceed the fifty (50)
lot limitation thus far during his tenure on the Commission; that he recalled the issue arose
with the Amberleigh case as well as the manufactured housing park ordinances issue but
19 01SN0165/WP/AUG22J
failed because the Commission maintained the requirement for more than one (1) access for
any development in which there were more than fifty (50) homes. He stated; however, the
current request was for ninety-two (92) unites, not fifty-one (51) or fifty-two (52), and in
addition, the very real possibility of another couple hundred plus homes being developed
further to the north, all with only one (1) access available. He stated he understood the
Fire Department's position to be that there would be delayed response times, potentially in
this neighborhood, or in the to be developed, adjacent property to the north, if the
developments were constructed with only one (1) access and, was not, therefore, in a
position to support such a request; that he felt it was a mistake if the Commission were to
now bend the safety rules because the proposed request was infill development. He stated
the Commission had previously discussed their responsibility to enforce the reasonable
expectations of neighborhoods with respect to future development and the extension of
Deep Forest Road should have been reasonably eXpected by the neighborhood.
Mr. Litton stated he concurred with Mr. Gecker; that he felt strongly a second access was
needed for more than fifty (50) homes; and that he had a major concern that the Taylor
property may possibly be developed in the same manner, creating additional concerns
relating to emergency access. He stated he could not support the request for relief to street
access requirements for ninety-two (92) homes.
Mr. Marsh referenCed the previous zoning request in 1996, noting that the subject request
was much improved and, for that reason, he could support the request. He stated he
understood the major concern was emergency access and Mr. Cunningham;s commitment
to the Autumn Oaks Subdivision residents with the prohibition to connecting to the
neighborhood. He stated he realized that infill development encountered the same problem
because adjacent property residents did not was stub roads connected. He stated there had
to be a better method to address the emergency access concerns in such situations.
The vote on Mr. Cunningham's motions was as follows:
AYES: Mr. Cunningham.
NAYS: Messrs. Litton and Gecker.
ABSTENTION: Mr. Marsh.
ABSENT: Mr. Gulley.
Mr. Litton made a motion, seconded by Mr. Gecker, to recommend approval of the
rezoning for Case 01SN0165 and acceptance of the proffered conditions on pages 3
through 10 and denial of the portion of the request for relief to street access requirements
(second access) for more than fifty (50) lots.
Mr. Scherzer stated that, because this request was complicated, he wished to record to
reflect that he would be consulting with his client, staff and Board members to determine if
amendment of the proffered conditions would be necessary prior to the Board meeting.
20 01SN0165/WP/AUG22J
The vote on Mr. Litton's motion was as follows:
AYES: Messrs. Litton and Gecker.
NAYS: Mr. Cunningham.
ABSTENTION: Mr. Marsh.
ABSENT: Mr. Gulley.
The Board of Supervisors, on Wednesday, August 22, 2001, beginning at 7:00 p.m., will take
under consideration this request.
21 01SN0165/WP/AUG22J
Comparison of Current Proposal and 1996 Case*
Timbering
Utilities
Lot sizes and setbacks
abutting Autumn Oaks and
Tax IDs 778-657-4779 and
778-658-4723
Lot sizes and setbacks
abutting Arbor Landing
Case 96SN0105
Limitation
Public
25,000 square feet lot area
R-12 setbacks
12,000 square feet lot area
R-12 setbacks
Overall average lot size Not addressed
House sizes adjacent to
Autumn Oaks
House sizes adjacent to
Arbor Landing Section 1 and
Tax IDs 778-657-4779 and
778-6584723
House sizes adjacent to
Arbor Landing Section 10
All other house sizes
Access to Autumn Oaks
Access to other properties
2,500 square feet of gross
floor area (excludes garages,
etc.)
2 story - 2,000 gross square
feet; 1 story- 1,800 gross
square feet (includes
garages, etc.)
2 story - 1,600 gross square
feet; 1 story- 1,450 gross
square feet of floor area
(includes garages, etc.)
2 story - 1,600 gross square
feet; 1 story- 1,450 gross
square feet (includes
garages)
Not permitted
Not addressed
Case 01SN0165
Same
Same
40,000 square feet lot area
R-40 setbacks
15,000 square feet lot area
R-15 setbacks
18,000 square feet
3,000 square feet of gross
floor area (excludes garages,
etc.)
2,100 square feet of gross
floor area (excludes garages,
etc.)
2,100 square feet of gross
floor area (excludes garages,
etc.)
1,800 square feet of gross
floor area (excludes garages,
etc.)
Same
No stub along eastern
boundary, stub road to be
provided to adjacent property
to the north (Taylor).
22 01SN0165/WP/AUG22J
Right of way dedication
Access to N/S Arterial
Second access for more than
50 lots
Max. # of dwelling
units/density
Impact on capital facilities
Stormwater management
Garages
80 feet for N/S arterial
One (1) access permitted
Not addressed
97/2.0 units per acre
Same
Same; to include boulevard
type entrance with raised,
landscaped median
Seeking relief
92/1.9 units per acre
Not addressed Addressed
Addressed Same
Not addressed
*Specified requirements are mimmums
Required at time of initial
occupancy for dwellings on
all lots adjacent to Autumn
Oaks and Arbor Landing
23 01SN0165/WP/AUG22J
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