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February 27, 2008 BS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
07SN0282
(AMENDED)
Lucas Properties, LLC
Midlothian Magisterial District
Robious Elementary; Robious Middle; and James River High Schools Attendance Zones
South line of Robious Road
RE UEST: Rezoning from Residential (R-40) to Residential (R-15).
PROPOSED LAND USE:
A single family residential subdivision is proposed with a maximum of fifteen
(15) lots (Proffered Condition 2), yielding a density of approximately 1.24
dwelling units per acre.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 8.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land use conform to the Northern Area Plan which
suggests the property is appropriate for medium density residential use of 1.51 to
4.0 units per acre.
B. 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.
Providing a FIRST CHOICE community through excellence in public service
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS THE CONDITIONS
NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE
COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY
BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
1. Lot Size. Lots shall have a minimum area of 20,000 gross square feet and a
minimum lot width of 120 feet. (P)
2. Density. The maximum density of this development shall not exceed fifteen (15)
dwelling units. (P)
3. Foundations. All exposed portions of the foundation and exposed piers supporting
front porches of each dwelling unit shall be faced with brick or stone veneer. (P &
BI)
4. Vinyl Siding. Vinyl siding shall be prohibited. (P & BI)
5. Utilities. Public water and wastewater systems shall be used. (U)
6. Impacts on Capital Facilities. The applicant, subdivider, or assignee(s) shall pay the
following to the County of Chesterfield, for infrastructure improvements within the
service district for the property:
a.) Prior to the issuance of a building permit for each dwelling unit, the applicant,
subdivider, or assignee(s) shall pay to the County of Chesterfield the
following amounts for infrastructure improvement within the service district
for the property.
i. If payment is made prior to July 1, 2007, $15,600.00 per dwelling
unit. At time of payment, the $15,600.00 will be allocated pro-rata
among the facility costs as follows: $602.00 for parks and recreation,
$348.00 for library facilities, $8,915.00 for roads, and $404.00 for fire
stations, and $5,331.00 for schools; or
ii. If payment is made after June 30, 2007, the amount approved by the
Board of Supervisors not to exceed $15,600.00 per dwelling unit pro-
rated as set forth in Proffered Condition 6.a.i. above and adjusted
upward by any increase in the Marshall and Swift Building Cost
Index between July 1, 2006, and July 1 of the fiscal year in which the
payment is made.
iii. Cash proffer payments shall be spent for the purposes proffered or as
otherwise permitted by law.
2 07SN0282-FEB27-BOS-RPT
iv. Impact fees. Should any impact fees be imposed by the County of
Chesterfield at any time during the life of the development that are
applicable to the property, the amount paid in cash proffers shall be in
lieu of or credited toward, but not be in addition to, any impact fees in
a manner determined by the County. (B & M)
7. Timbering. Except for timbering approved by the Virginia State Department of
Forestry for the purpose of removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance permit has been obtained from the
Environmental Engineering Department and the approved devices installed. (EE)
8. Burning Ban. The developer shall not use burning to clear or timber the subject
properties. (FD)
9. Road Improvements.
a.) In conjunction with the initial development of the property, additional
pavement shall be constructed along Robious Road at the Corner Rock Road
intersection to provide a separate right turn lane. The developer shall dedicate
to Chesterfield County, free and unrestricted, any right-of-way (or easements)
required for this improvement.
b.) In the event the developer is unable to acquire any "off site" right-of way that
is necessary for the improvements described above, 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)
10. Access. No direct vehicular access shall be provided from the property to Robious
Road. (T)
11. Geotechnical Report. A geotechnical report prepared by a consultant who has had
previous mining/geotechnical experience in reclamation of mine shafts, shall be
submitted to the Environmental Engineering Department in conjunction with any
plan submission. Upon review by Environmental Engineering, or their designee, the
report may either be accepted or revisions requested and, if revisions are requested,
resubmitted in the same manner for review and acceptance by Environmental
Engineering, or their designee. The report shall include, but not be limited to, the
following:
a.) The location and analysis to include, but not be limited to, type (e.g., mine
entrance shaft, air vents, unsuccessful exploratory pits, etc.), size, and depth
of any mining pits or tailing heaps;
3 07SN0282-FEB27-BOS-RPT
b.) Fill-in/reclamation procedures; setbacks between the perimeter of any shaft;
and any other safety measures intended to protect the health, safety and
welfare of people and structures;
c.) The impact of any horizontal shafts on construction and future health, safety
and welfare issues;
d.) The location and number of soil borings and depth necessary to confirm that
the building site is not impacted by any horizontal shafts; and
e.) The allowable building envelopes and location based on the geotechnical
recommendations.
i. Development shall comply with the recommendations of the accepted
report.
ii. All former mining activity shall be filled in/reclaimed under the
direction of a consultant who has had previous mining/geotechnical
experience in reclamation of mine shafts. All reclamation shall be
observed by the geotechnical expert and shall be certified as to
compliance with the recommendations established in the accepted
report. Prior to the release of any building permit, a copy of the
certification shall be submitted to Environmental Engineering. (EE)
12. House Size. All dwellings shall have a minimum of 2700 gross square feet. (BI & P)
13. Drivewa,~ All private driveways serving residential uses shall be hardscaped. The
exact treatment shall be approved at the time of plan review. (P)
14. Restrictive Covenants. The following shall be contained in restrictive covenants
which shall be recorded in conjunction with the recordation of any subdivision plat.
a.) The following provisions in the restrictive covenants cannot be modified or
amended for a period of at least twenty (20) years following recordation.
b.) Any residential accessory building shall be architecturally compatible with
respect to materials, colors, or other architectural features with the residential
dwelling located on the lot. Exposed walls shall not be constructed of metal.
c.) Any exposed surface of a chimney must be masonry.
d.) All residential dwelling units shall have an attached garage containing a
minimum of 400 gross square feet.
e.) Any propane tanks shall be screened from view of adjacent residential lots
and public roads. Screening treatment shall be compatible with the
architectural treatment, colors and materials of the dwelling on the lot.
f.) Garages shall be side or rear loaded only. (P)
4 07SN0282-FEB27-BOS-RPT
g.) An Architectural Review Committee, hereafter called "ARC", shall be
comprised of Sanders Wilhelm, his heirs, personal representatives,
successors, and assigns. The ARC shall coordinate each residence and lot
and generally coordinate the development, construction and planning of the
lots according to the specifications set forth in "Architectural Review"
attached hereto as Exhibit A and made a part hereof. Architectural approval
shall be atwo-part process.
i. Two sets of plans shall be submitted and approved by ARC prior to
construction. Plans shall include: site plan and landscape plan, cross
section details, porch and railing details, all construction (including
fencing, walls, and outbuildings) must be approved prior to
construction.
ii. Final check of the actual construction prior to occupancy to insure
that the architectural guidelines have been met.
h.) No building structure or alteration or improvement thereto of any character,
other than internal alterations, shall be constructed upon any lot hereby
conveyed, nor shall any lot be subdivided, or altered (the term "altered" shall
include: (a) removal of live trees, (b) grading or locating driveways or
entranceways, (c) filling, or (d) any kind or type of construction whether
temporary or permanent unless and until such plans, specifications and
landscaping lay-out for the same have been approved in writing by the ARC,
as to (a) quality of workmanship and material types, (b) external design and
appearance, (c) location of improvements and overall landscaping, and (d)
color scheme.
i.) All easements along road frontage and lot lines as shown on the aforesaid
subdivision plat are hereby reserved unto the developer, his personal
representatives, heirs, assigns, or agents, for the purpose of access, drainage
or furnishing light, telephone or any other utility to the property.
j.) All lots shall be used for residential purposes only, and there shall not be
erected on any one lot, as such lot may be prescribed and designated on said
subdivision plat, more than one detached, single family dwelling house, and
the necessary outbuildings suitable therefore. All homes shall have a
minimum of 2700 square feet of heated finish floor area exclusive of
basements and garages.
k.) No building shall be located on any lot nearer to any street or to a side line
than is permitted under the applicable local zoning ordinance in effect at the
time such building is constructed. Fences or walls not constituting a part of a
building shall be approved by the ARC, and no fences or walls not
constituting a part of a building shall be erected, placed or altered on any lot
nearer to any street than the minimum exterior set back line but in no case
shall it extend farther than the rear of the house except with the prior approval
of the ARC.
5 07SN0282-FEB27-BOS-RPT
l.) No animals, including without limitation, rabbits, livestock, or poultry of any
kind shall be allowed on any lot except that dogs, cats or normal household
pets may be kept thereon in numbers not exceeding those permitted by law
provided they are not kept, bred, or maintained for any commercial purposes,
and must be kept under control of their owner when outside owner's
premised, not constitute a nuisance in the opinion of the ARC. His successors
or assigns. In such event they will be removed from said lot upon demand of
the ARC, his successors or assigns. No dog or cat kennels, rabbit hutches or
pigeon lofts, temporary or permanent, shall be erected except for normal
household pets.
m.) No structure of a temporary character, trailer, motor home, basement, tent,
shack, garage, barn or other outbuilding shall be used on any lot at any time
as a residence, either temporarily or permanently.
n.) No noxious or offensive activity shall be carried on upon any lot, nor shall
anything be done thereon which may become an annoyance or nuisance to the
neighborhood. No use shall be made of any lot which will depreciate or
adversely affect the value of the surrounding lots or of the neighborhood.
o.) All lot owners shall take care not to disturb or siltate shoulders, backslopes,
ditches, pavement, curb and gutter, driveway culverts, or any other
improvements within the public right of way. Each lot owner agrees to be
responsible for disturbances and siltation caused by themselves, their
employees, suppliers, contractors, or others and shall have 14 days from the
receipt of a letter from the ARC to correct the manage. If a lot owner fails to
properly correct the damage in a workman-like manner, then the ARC or
developer will correct the damage and bill the lot owner directly on a cost
plus 50% (percent) basis. Lot owner hereby agrees to make payment within
30 days of presentation of bill. A 2% per month (24% per annum) service
charge shall be applied to bills after 30 days of presentation.
p.) No trees measuring 6 inches or more in diameter at a point two feet above
ground level, flowering trees, or shrubs or evergreens may be removed
without written permission of the ARC, unless located within 10 feet of a
building, within 10 feet of a building site, or within right of ways of
driveways and walkways. Exceptions are trees which must be removed
because of an emergency.
q.) Developer hereby makes notice to all owners to check with the Chesterfield
Planning Department about future and potential development of adjacent and
area properties prior to purchase.
r.) Any one of more of these conditions, covenants, limitations, charges and
proprietary requirements imposed herein or any subsequent amendments or
future covenants and their conditions, covenants, limitations, charges and
proprietary requirements maybe amended, waived, modified, or rescinded, in
whole or in part, by Sanders Wilhelm without notice. Sanders Wilhelm
reserves the right to make special exceptions to these conditions on a case by
6 07SN0282-FEB27-BOS-RPT
case basis; however, any special exception(s) shall not be deemed as a waiver
of such restriction(s). Sanders Wilhelm shall have the right to amend theses
covenants or any future covenants or amendments of such covenants as the
case may be without limitation in his sole discretion except that the
concurrence of Sanders Wilhelm will not be necessary after the last lot has a
house built and occupied upon it, or whenever Sanders Wilhelm assigns his
rights to another party Sanders Wilhelm reserves the right to assign any and
all rights herein to the homeowners and at such time of notification, the
homeowners shall hereby accept such assignment as part of these covenants,
without return notice or verification of such.
s.) Invalidation of any of these covenants and conditions by court adjudication or
otherwise shall in no way modify, affect or invalidate any of the other
covenants and conditions contained herein, which shall remain in full force
and effect.
t.) Each and every covenant and condition herein imposed may be enforced by
the undersigned or by the owner of any lot by appropriate proceedings at law
or in equity against any party violating or attempting or threatening to violate
the same to prevent or rectify such violation and/or recover damages
therefore. The failure of any owner or the undersigned to bring any such
proceeding shall not be considered as a waiver of any rights at law or in
equity that any such party may have for past or future violation of any
covenant herein contained.
u.) These covenants and conditions are to run with the land and shall be binding
upon subsequent owner or owners and all parties claiming through or under
such owner or owners for a period of thirty (30) years from the date these
covenants are recorded, after which time said covenants shall be
automatically extended for successive periods of ten (10) years unless an
instrument signed by a majority of the then owners of the lots has been
recorded, revoking said covenants, or agreeing to change said covenants in
whole or in part. (P)
EXHIBIT "A"
ARCHITECTURAL REVIEW GUIDELINES
Roof
Minimum 7.51/12 pitch -some exceptions in writing to allow for porch roofs, etc.
No vent pipes of any type shall be visible from the front of house
Dimensional shingles
Foundation & Brick Work
All foundation shall be brick
Wood louvered foundation vents on front
All front stoops to be of brick
7 07SN0282-FEB27-BOS-RPT
All fireplace chasers to be of brick
Concrete sidewalks
Paint colors to be approved
(~'nl me
l~/Ti crPl l anPnn c
Lamp post required at end of front walk
Mailbox as approved by ARC
15. In conjunction with recordation of the initial plat, a stub road right of way shall be
provided to the adjacent parcel to the west. (T)
GENERAL INFORMATION
T,~catinn~
South line of Robious Road, west of Corner Rock Road and west line of Corner Rock
Road, south of Robious Road. Tax Ids 734-717-9054 and 735-717-1268,1405 and 2943.
Existing Zoning:
R-40
Size:
12.1 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North, East and West - R-40; Single family residential or vacant
South - R-40 & R-15; Single family residential or vacant
Public Water System:
T TTTT TTTF C
There is an existing sixteen (16) inch water line extending along the north side of Robious Road,
opposite this site. In addition, a sixteen (16) inch water line extends along Corner Rock Road,
adjacent to this site. Use of the public water system is intended and has been proffered (Proffered
Condition 5). Per Utilities Department Design Specifications (DS-21), wherever possible, two (2)
supply points shall be provided for subdivisions containing more than twenty-five (25) lots. To
8 07SN0282-FEB27-BOS-RPT
provide the additional water feed for this site, connection to the sixteen (16) inch water line in
Robious Road and the sixteen (16) inch water line in Corner Rock Road will be required with this
development.
Public Wastewater S,, sue:
There is an e~sting eight (8) inch wastewater collector line serving Roxshire Subdivision,
Section 5 that extends along a portion of Corner Rock Road and terminates approximately
685 feet south of this site. There are additional eight (8) inch wastewater collector lines
extending along Framar Drive, and Olde Queen Terrace approximately 500 feet southwest
of the request site. Use of the public wastewater system is intended and has been proffered.
(Proffered Condition 5)
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains through adjacent subdivisions via storm sewer to tributaries
of Falling Creek. The property is partially wooded and, as such, should not be timbered
without obtaining a land disturbance permit from the Department of Environmental
Engineering and the appropriate devices have been installed. This will ensure adequate
erosion control measures are in place prior to any land disturbance. (Proffered Condition
7)
There are no known on-site drainage or erosion problems and none are anticipated after
development. There are currently no off site drainage or erosion problems; however,
both Roxshire and Charter Woods subdivisions, through which this property drains, had
the storm sewers designed on the assumption that these parcels would develop with R-40
sized lots. Therefore, there is a very high probability that the existing storm sewers both
in Charter Woods and Roxshire are inadequate. Further, it appears that any runoff that
drains to the west through Charter Woods that off site easements will be necessary. This
determination will be made at the time of plan review.
Prior Minin ActivitX:
There is known mining activity in the area that needs to be investigated by a geotechnical
engineer with mining reclamation experience. (Proffered Condition 11)
PUBLIC FACILITIES
The need for schools, parks, libraries, fire stations and transportation facilities is identified in the
County's adopted Public Facilities Plan, Thoroughfare Plan and Capital Improvement Program
and further detailed by specific departments in the applicable section of this request analysis.
9 07SN0282-FEB27-BOS-RPT
Fire ~ervice~
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 fifteen (15) 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 6)
The Bon Air Fire Station, Company 4, and Forest View Volunteer Rescue Squad
currently provide fire protection and emergency medical service. When the property is
developed, the number of hydrants, quantity of water needed for fire protection, and
access requirements will be evaluated during the plans review process.
Schools:
Approximately eight (8) (Elementary: 3, middle: 2 and High: 3) students could generated
by this development. Currently, this site lies in the Robious Elementary School
attendance zone: capacity - 756, enrollment - 647; Robious Middle School: capacity:
1,148, enrollment - 1,259; and James River High School: capacity - 2,050, enrollment -
2,065. The enrollment is based on September 29, 2006, and the capacity is as of 2006-
2007.
This request will have an impact on schools. There are currently thirteen (13) trailers at
Robious Middle. This case, combined with other tentative residential developments and
zoning cases in the zones, would continue to push these schools to capacity. This case
would necessitate some form of relief in the future. The applicant has offered measures
to assist in addressing the impact of the development on schools. (Proffered Condition 6)
T,ihrariec~
Consistent with the Board of Supervisors' policy, the impact of development on library
services is assessed countywide. Based on projected population growth, the Public
Facilities Plan identifies a need for additional library space throughout the County.
Development of this property would most likely affect the existing Bon Air and
Midlothian Libraries. The Plan identifies a need for additional library space to serve this
area of the county and recommends a new library in the Robious Road corridor from
Huguenot Road to James River Road. The applicant has offered measures to assist in
addressing the impact of this development on library facilities. (Proffered Condition 6)
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) new regional parks, seven (7)
community parks, twenty-nine (29) neighborhood parks and five (5) community centers
by 2020. In addition, the Public Facilities Plan identifies the need for ten (10) new or
expanded special purpose parks to provide water access or preserve and interpret unique
recreational, cultural or environmental resources. The Plan identifies shortfalls in trails
10 07SN0282-FEB27-BOS-RPT
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 6)
Transportation:
The applicant is requesting rezoning of the property (12.1 acres) from Residential (R-40)
to Residential (R-15). The applicant has proffered a maximum density of fifteen (15)
dwelling units (Proffered Condition 2). Based on residential trip rates, development could
generate approximately 190 average daily trips. These vehicles will be initially
distributed, via Corner Rock Road, along Robious Road. Based on the most recent data
from the Virginia Department of Transportation (VDOT), Robious Road between Old
Gun Road and Salisbury Road was carrying 22,488 vehicles per day (VPD) in 2005. The
capacity of this four-lane section of Robious Road is acceptable (Level of Service B) for
the volume of traffic it currently carries.
The Thoroughfare Plan identifies Robious Road as a major arterial. Access to major
arterials, such as Robious Road, should be controlled. In order to minimize the number of
accesses to Robious Road, the applicant has proffered that no direct vehicular access will
be provided from the property to Robious Road (Proffered Condition 10). The Master
Plan proposes that access to Robious Road will be provided via Corner Rock Road.
To address concerns of an adjacent property owner, Proffered Condition 15 requires a
stub road right of way be provided to adj acent property to the west.
The traffic impact of this development must be addressed. The applicant has proffered to
construct, with initial development of the property, a right turn lane along Robious Road
at the Corner Rock Road intersection (Proffered Condition 9). To construct this turn lane,
the developer may need to acquire some "off site" right of way from the property owner
along Robious Road, just west of the Corner Rock Road intersection. According to
Proffered Condition 9, if the developer is unable to acquire the off site right of way for
the right turn lane, the developer may request the county to acquire the right of way as a
public road improvement. All costs associated with the acquisition will be borne by the
developer. 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. (Proffered
Condition 9)
The Planning Commission Sidewalk Policy in the Subdivision Ordinance would typically
require a sidewalk along the Robious Road property frontage, and probably extending to
the Corner Rock Road intersection. At time of tentative subdivision plat review, staff will
evaluate the need for sidewalks and provide specific recommendations per the Sidewalk
Policy.
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this residential development. The applicant has proffered to provide cash, in
an amount consistent with the Board of Supervisors' Cash Proffer Policy, towards
11 07SN0282-FEB27-BOS-RPT
mitigating the traffic impact of this development (Proffered Condition 6). As
development continues in this part of the county, traffic volumes on area roads will
substantially increase. Cash proffers alone will not cover the cost of the improvements
needed to accommodate the traffic increases. No road improvement projects in this part
of the county are included in the Six-Year Improvement Plan. A county bond project will
widen Robious Road to a four-lane divided typical section from James River Road to
Robious Forest Way, beginning in 2011.
The Virginia Department of Transportation's (VDOT) "Chapter 527" regulations, dealing
with development Traffic Impact Study requirements, have recently been enacted. Staff
has been meeting with VDOT to attempt to understand the process and the impact of the
regulations. At this time, it is uncertain what impact VDOT's regulations will have on
the development process or upon zonings approved by the county.
At time of tentative subdivision plat review, specific recommendations will be provided
by staff regarding, among other things, providing a stub road right of way to the adjacent
parcel to the west.
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling
Units 15 * 1.00
Population Increase 40.80 2.72
Number of New Students
Elementary 3.50 0.23
Middle 1.95 0.13
High 2.54 0.17
TOTAL 7.98 0.53
Net Cost for Schools 80,220 5,348
Net Cost for Parks 9,060 604
Net Cost for Libraries 5,235 349
Net Cost for Fire Stations 6,075 405
Average Net Cost for Roads 134,130 8,942
TOTAL NET COST 234,720 15,648
*Based on a proffered maximum yield of fifteen (15) dwelling units (Proffered Condition 2).
The actual number of units and corresponding impact may vary.
12 07SN0282-FEB27-BOS-RPT
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 to assist in defraying the cost of this proposed zoning
on such capital facilities. (Proffered Condition 6)
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.
T ANTI T TCF.
Comprehensive Plan:
Lies within the boundaries of the Northern Area Plan which suggests the property is
appropriate for medium density residential use of 1.51 to 4.0 units per acre.
Area Development Trends:
Surrounding properties are zoned Residential (R-40) and Residential (R-15) and are
occupied by single family residential uses or are vacant. It is anticipated that single
family residential development will continue in the area at densities suggested by the
Plan.
Density and Lot Sizes:
Proffered Condition 2 would limit development of a maximum of fifteen (15) dwelling
units, yielding a density of approximately 1.24 dwelling units per acre.
While the Residential (R-15) Zoning District standards would permit lots to have a
minimum area of 15,000 square feet and a minimum lot width of 100 feet, lots within this
development would have a minimum area of 20,000 square feet and a minimum lot width
of 120 feet. (Proffered Condition 1)
Dwelling Sizes and Architectural & Surface Treatments:
Proffered conditions establish minimum house sizes and foundation treatments, prohibit
vinyl siding and require all driveways to be hardscaped. (Proffered Condition 3, 4, 12
and 13)
Restrictive Covenants:
Proffered Condition 14 requires restrictive covenants to be recorded in conjunction with
the recordation of any subdivision plat. It is important to note that the County will only
ensure that the covenants are recorded. Once they are recorded, they maybe changed.
13 07SN0282-FEB27-BOS-RPT
CONCLUSIONS
The proposed zoning and land use conform to the Northern Area Plan which suggests the
property is appropriate for medium density residential use of 1.51 to 4.0 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 Pro ream, 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.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (4/17/07):
At the request of the applicant, the Commission deferred this case to their June 19, 2007,
public hearing.
Staff (4/ 18/07)
The applicant was advised in writing that any new or revised information should be
submitted no later than April 23, 2007, for consideration at the June 19, 2007, public
hearing. In addition, the applicant was advised that a $250.00 deferral fee must be paid
prior to the June meeting.
Applicant (4/19/07):
Revisions to the proffered conditions were submitted.
Applicant (4/26/07):
The deferral fee was paid.
14 07SN0282-FEB27-BOS-RPT
Planning Commission Meeting (6/19/07):
At the request of the applicant, the Commission deferred this case to their August 21,
2007, public hearing.
Staff (6/20/07):
The applicant was advised in writing that any new or revised information should be
submitted no later than June 25, 2007, for consideration at the August 21, 2007, public
hearing. In addition, he applicant was advised that a $250.00 deferral fee must be paid
prior to the August meeting.
Applicant (7/6/07):
The deferral fee was paid.
Applicant (7/13/07, 7/19/07 and 7/20/07):
The application was amended and revised proffers were submitted.
Planning Commission Meeting (8/21/07):
At the request of the applicant, the Commission deferred this case to October 16, 2007.
Staff (8/22/07):
The applicant was advised that any significant new or revised information should be
submitted no later than August 27, 2007, for consideration at the Commission's October
public hearing. The applicant was also advised that a $250.00 deferral fee was due.
Applicant (10/2/07):
Revised proffered conditions were submitted.
Staff (10/3/07):
To date, the deferral fee has not been paid.
15 07SN0282-FEB27-BOS-RPT
Applicant (10/ 12/07):
Revisions to the proffered conditions were submitted and the deferral fee was paid.
Applicant (10/15/07):
Revisions to the proffered conditions were submitted.
Planning Commission Meeting (10/16/07):
On their own motion, the Commission deferred this case to their November 20, 2007,
public hearing.
Staff (10/17/07):
The applicant was advised in writing that any new or revised information should be
submitted no later than October 22, 2007, for consideration at the Commission's
November 20, 2007, public hearing.
Staff (10/24/07):
No new or revised information has been received.
Planning Commission Meeting (11/20/07):
At the request of the applicant, the Commission deferred this case to January 15, 2008.
Staff (11/21/07):
The applicant was advised that any significant, new or revised information should be
submitted no later than November 26, 2007, for consideration at the Commission's
January public hearing. The applicant was also advised that a $250.00 deferral fee was
due.
Applicant (11 /29/07):
Revised proffered conditions were submitted.
16 07SN0282-FEB27-BOS-RPT
Applicant (11/30/07):
The deferral fee was paid.
Applicant (1/10/08):
The Exhibit referenced in Proffered Condition 14 was submitted.
Planning Commission Meeting (1/15/08):
The applicant accepted the recommendation. There was opposition present. Concerns
were expressed relative to the proposed zoning and lot size not being compatible with
that which exists in the surrounding area; and the impact on schools, traffic and drainage.
Mr. Waller indicated that the current proposal is superior to that which was presented
when the case was initially submitted. He noted the proposal conforms to the
Comprehensive Plan and the applicant has offered Proffered Conditions relative to road
improvements, minimum house size and restrictive covenants.
On a motion of Mr. Waller, seconded by Mr. Bass, the Commission recommended
approval and acceptance of the Proffered Conditions on pages 2 through 8.
AYES: Messrs. Gulley, Bass, Brown, Hassen, and Waller.
The Board of Supervisors, on Wednesday, February 27, 2008, beginning at 6:30 p.m., will take
under consideration this request.
17 07SN0282-FEB27-BOS-RPT
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