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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
07SN0357
Howard and Diane Canada
Midlothian Magisterial District
Robious Elementary, Robious Middle and James River High Schools Attendance Zones
North line of Old Buckingham Road
RE UEST: Rezoning from Agricultural (A) to Residential (R-12) of 6.8 acres plus proffered
conditions on an existing 0.5-acre tract zoned Residential (R-12).
PROPOSED LAND USE:
A single-family residential subdivision with a minimum lot size of 12,000 square
feet is planned. The applicant has proffered to limit development to a maximum
of sixteen (16) lots, yielding a density of approximately 2.2 dwelling units per
acre. (Proffered Condition 3)
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 uses 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
(STAFF/CPC) 1. Utilities. Public water and wastewater shall be used. (U)
(STAFF/CPC) 2. Impacts on Capital Facilities. The applicant, subdivider, or assignee(s) shall
pay to the County of Chesterfield prior to the time of issuance of a building
permit for each dwelling unit, the following amounts for infrastructure
improvements within the service district for the property:
A. $15,600.00 per dwelling unit, if paid prior to July 1, 2007;
or
B. 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 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.
C. Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law.
D. Should any impact fees be imposed by Chesterfield County
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)
(STAFF/CPC) 3 Density. The maximum density of this development shall not exceed sixteen
(16) lots. (P)
(STAFF/CPC) 4. Sole Access. Any lots having sole access through Old Buckingham Forest
Subdivision shall have an average lot size of 15,600 square feet and shall not
exceed a density of 2.8 units per acre. (P)
2 07SN0357-FEB27-BOS-RPT
(STAFF/CPC) 5. 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)
(STAFF/CPC) 6. Drainage.
A. The developer shall design and construct the subdivision
such that no water from impervious surfaces shall sheet
flow onto Old Buckingham Forest Subdivision.
B. The existing channel located on Tax ID 734-710-7726 shall
be relocated and/or redesigned such that the outfall location
will align directly with the existing drainage ditch/outfall
pipe located parallel to the front line of TAX ID 734-709-
4390. (EE)
(STAFF/CPC) 7. Dam Failure. Adam failure analysis shall be performed on the upstream
dam and all proposed homes shall be constructed outside the dam failure
limits. (EE)
(STAFF/CPC) 8. Access. No public road access shall be provided from the property to Old
Buckingham Road. (T)
(STAFF/CPC) 9. Dedication. In conjunction with recordation of the initial subdivision plat,
thirty-five (35) feet of right-of-way along the north side of Old
Buckingham Road, measured from the centerlines of that part of Old
Buckingham immediately adjacent to the property, shall be dedicated, free
and unrestricted, to and for the benefit of Chesterfield County. (T)
(STAFF/CPC) 10. Road Improvements. In conjunction with initial development of the
property, the developer shall provide the following road improvements:
A. Widening/improving the north side of Old Buckingham
Road to an eleven (11) foot wide travel lane, measured
from the existing centerline of Old Buckingham Road, with
an additional three (3) foot wide paved shoulder plus an
eight (8) foot wide unpaved shoulder, and overlaying the
full width of the road with one and a half (LS) inch of
compacted bituminous asphalt concrete, with any
modifications approved by the Transportation Department,
for the entire property frontage;
B. Dedication to Chesterfield County, free and unrestricted,
any additional right-of-way (or easements) required for the
3 07SN0357-FEB27-BOS-RPT
improvements identified above. In the event the developer
is unable to acquire any "off site" right-of way that is
necessary for any improvement described in this Proffered
Condition 10, 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)
(STAFF/CPC) 11. Foundations. All exposed portions of the foundation of each new dwelling
unit shall be faced with brick or stone veneer. Exposed piers supporting
front porches shall be faced with brick or stone veneer. (BI & P)
(STAFF/CPC) 12. Minimum House Size. The minimum gross floor area shall be 1800
square feet. (BI & P)
(STAFF/CPC) 13. Tree Preservation. A minimum fifteen (15) foot tree preservation strip,
inclusive of required yards, shall be maintained along the boundary of the
subject property adjacent to Old Buckingham Forest and Olde Coach
Village Subdivisions. Utility easements shall be permitted to cross this
strip generally in a perpendicular fashion. Any healthy trees that are eight
(8) inches in caliper or greater shall be retained within this tree
preservation strip except where removal is necessary to accommodate the
permitted improvements. This condition shall not preclude the removal of
vegetation from the tree preservation strip that is unhealthy, dying or
diseased. Any open areas of 100 square feet or greater shall either be
supplemented with plantings in accordance with Sections 19-518 (b) &
(g)(9) of the Ordinance or furnished with a minimum six (6) foot high
privacy fence. A plan depicting this planting/fencing requirement shall be
reviewed and approved by the Planning Department at time of Tentative
Subdivision plan review. (P)
(STAFF/CPC) 14. A minimum lot size of one (1) acre shall be provided for the existing
house on Tax ID 734-710-7726. (P)
(STAFF/CPC) 15. Restrictive Covenants. At a minimum the following restrictive covenants
shall be recorded in conjunction with the recordation of any subdivision
plat:
Architectural Board -The Architectural Board shall have exclusive
jurisdiction over all original construction, modifications, additions or
alterations made on any lot. It shall prepare shall promulgate design and
4 07SN0357-FEB27-BOS-RPT
development guidelines and application and review procedures, all as part
of the design and environmental standards. The standards shall incorporate
all restrictions and guidelines relating to development and construction
contained in this Declaration as well as restrictions and guidelines with
respect to location of structures upon property, size of structures, driveway
and parking requirements, foundations and length of structures. Copies
shall be available from the Architectural Board for review. The guidelines
and procedures shall be those of the Architectural Board shall have sole
and full authority to prepare and to amend the standards available to
Owners, builders, and developers who seek to engage in development of
or construction upon property within their operations strictly in
accordance therewith. The Architectural Board shall consist of three (3)
members, all appointed by the Declarant. The declarant may, at his option,
delegate to the Board his right to appoint one or more members of the
Architectural Board.
Tree Preservation - To the extent practical all lots shall be left in a
wooded manner. Any proposed tree removal shall be shown on a plan to
be reviewed and approved by the Architectural Board. The tree
preservation shall be subject and subordinate to the terms of any utility or
drainage easements which may be granted by the Declarant or its
successors to the County of Chesterfield.
Mailboxes -Every improved lot shall be required to have a mailbox with
supporting post and post light of design and installation as specified in the
standards. Each lot owner shall be responsible for the maintenance and
operation of the fixture, support, and mailbox.
Parking -Each property owner shall provide space for the parking of
automobiles off public streets prior to the occupancy of any building or
structure constructed on said property in accordance with the standards.
Signs - No signs shall be erected or maintained on any property by anyone
including, but not limited to, the owner, a realtor, a contractor, or a
subcontractor, except as provided for in the standards or except as maybe
required by legal proceedings. Residential property identification and like
signs not exceeding a combined total of more than one (1) square foot may
be erected without the written permission of the Declarant or the
Association.
Condition of Ground - It shall be the responsibility of each property
owner and tenant to prevent the development of any unclean, unsightly, or
unkempt conditions of buildings or grounds on such property, which shall
tend to substantially decrease the beauty of the neighborhood as a whole
or the specific area.
Minimum Square Footage - No plan required under these Covenants will
be approved unless the proposed house or structure has a minimum square
5 07SN0357-FEB27-BOS-RPT
footage of enclosed dwelling space as specified in the standards. Such
minimum requirement for each lot will be specified in each sales contract
and stipulated in each deed. The term "enclosed dwelling area" as used in
these minimum size requirements does not include garages, terraces,
decks, open porches, and the like areas.
Residential Use
a. All lots shall be used for residential purposes exclusively. The use of a
portion of a dwelling on a lot as an office by the owner or tenants thereof
shall be considered a residential use if such use does not create customer
or client traffic to and from the lot. No structure, except as herein after
provided, shall be erected, altered, placed, or permitted to remain on any
lot other than one (1) detached single family dwelling and one (1)
accessory building which may include a detached private garage, provided
the use of such accessory building does not overcrowd the site and
provided further that such building is not used for any activity normally
conducted as business. Such accessory building may not be constructed
prior to the construction of the main building.
b. A guest suite or like facility without a kitchen may be included as part
of the main dwelling or accessory building, but such suite may not be
rented or leased except as part of the entire premises including the main
dwelling and provided, however, that such suite would not result in
overcrowding of the site.
c. The provisions of this paragraph shall not prohibit the Developer from
using a house as a model as provided in this Declaration.
Exterior Structure Completion -The exterior of all houses and other
structures must be completed within one (1) year after the construction of
same shall have commenced, except where such completion is impossible
or would result in great hardship to the owner or builder due to the strikes,
fires, national emergency, or natural calamities. Houses and other dwelling
structures may not be temporarily or permanently occupied until the
exteriors thereof have been completed. During the continuance of
construction the owner of the lot shall require the contractor to maintain
the lot in a reasonable clean and uncluttered condition.
Vehicle Storage - No mobile home, trailer, tent, barn, or other similar out-
building or structure shall be placed on any lot at any time, either
temporarily or permanently. Boats, boat trailers, campers, recreational
vehicles, or utility trailers maybe maintained on a lot, but only when in an
enclosed or screened area approved by the Architectural Board such that
they are not generally visible from adjacent properties.
Temporary Structures - No structure of a temporary character shall be
placed upon any lot at any time provided, however, that this prohibition
6 07SN0357-FEB27-BOS-RPT
shall not apply to shelter or temporary structures used by the contractor
during the construction of the main dwelling house, it being clearly
understood that these latter temporary shelters may not at any time be used
as residences or permitted to remain on the lot after completion of
construction. The design and color of structures temporarily placed on the
lot by a contractor shall be subject to reasonable aesthetic control by the
Architectural Board.
Antennas -Except as otherwise provided by applicable law, no television
antenna, radio receiver or sender, or other similar device shall be attached
to or installed on the exterior portion of any building or structure or any
lot, except as permitted by applicable law and except that should cable
television services be unavailable and good television reception not be
otherwise available, a lot owner may make written application to the
Board for permission to install a television antenna and such permission
shall not be unreasonably withheld.
Further Subdivision - No lot shall be subdivided or its boundary lines
changed, except with the written consent of the Declarant. However, the
Declarant hereby expressly reserves to itself, its successors, or assigns the
right to replat any lot or lots owned by it and shown on the plat of any
subdivision in order to create a modified building lot or a replatted lot
suitable and fit as a building site including, but not limited to, the
recreational facilities, and other amenities to conform to the new
boundaries of said replatted lots, provided that no lot originally shown on
a recorded plat is reduced to a size smaller than the smallest lot shown on
the first plat of subdivision. However the interpretation of the paragraph
shall not prohibit the combining of two (2) or more contiguous lots into
one (1) larger lot, only the exterior boundary lines of the resulting larger
lot shall be considered in the interpretation of these covenants.
Animals -Only common household pet animals shall be permitted. All pet
animals must be secured by a leash or lead, or be under the control of a
responsible person and obedient to that person's command at any time they
are permitted outside a residence or other enclosed area upon a lot
approved by the Architectural Board for the maintenance and confinement
of pet animals. No livestock including cattle, horses, sheep, goats, pigs, or
poultry shall be permitted upon any lot.
Motor Bikes All Terrain Vehicles - No motor bikes, motorcycles, or all
terrain vehicles shall be driven upon the common area, lots, or roads
(unless properly licensed on roads) with the exception of licensed vehicles
and mopeds which shall be operated solely upon the public streets for
direct ingress and egress purposes only.
External Lighting - No external lighting shall be installed or utilized on
any property, which is of such character, intensity, or location as to
interfere with the use, enjoyment, and privacy of any lot or owner in the
7 07SN0357-FEB27-BOS-RPT
near vicinity. No neon or flashing lights shall be permitted. All external
lighting shall be approved by the Architectural Board as appropriate in
size, location, color, and intensity.
Swimming Pools - No swimming pool, whether in ground or above
ground, whether permanent or temporary, shall be installed upon any lot
without the prior written consent of the Architectural Board. The
Architectural Board shall require that all swimming pools be adequately
screened.
Declarant reserves the right to assign and transfer to any person, persons,
or entity some or all of its rights provided herein and in such event such
transferee shall have and may exercise all such rights to the same extent as
if he, they, or it were the Declarant.
Declarant shall have the full right and privilege to enforce all restrictions
and conditions contained herein by appropriate proceeding at law for
damages and/or in equity for appropriate injunctive relief and restraining
orders to prevent violations, or to require violations to be corrected,
together with damages sustained including, without limitation, attorneys'
fees and costs.
These restrictions shall run with the land and be binding upon any and all
succeeding owners, their personal representatives, estates, heirs, devisees,
assigns, or successors in interest or any other partied having or taking an
interest in or to the Property, or any part thereof, and shall automatically
be extended for successive periods of ten (10) years unless otherwise
provided in a written instrument executed by the owners of a maj ority of
the Lots in the Subdivision unless a release, waiver, or breach of any one
or more of the restrictions contained herein or any part thereof is required
or agreed to by a court or governmental authority having jurisdiction over
the Property. (P)
(STAFF/CPC) 16. Stop Sign Installation. In conjunction with initial development of the
property, the developer shall install multi-way stop signs at the Unison
Drive/Sandbag Road intersection and at the Deerhurst Drive/Old
Coalmine Road intersection, if approved by VDOT. (T)
GENERAL INFORMATION
L~cati~n:
North line of Old Buckingham Road, east of Unison Drive and eastern terminus of Little
Pond Lane. Tax IDs 734-710-6379, 7448 and 7726; and 735-710-0037.
Existin.~ Zoning:
A and R-12
8 07SN0357-FEB27-BOS-RPT
Size:
7.3 acres
Existing Land Use:
Single-family residential or vacant
Adjacent Zoning and Land Use:
~. ._
North, East and West - R-9 and R-12; Single-family residential
South - I-1; Single-family residential or vacant
T TTTT TTTF C
Public Water S, sue:
There is a twelve (12) inch water line extending along the south side of Old Buckingham
Road, opposite this site. In addition, a six (6) inch water line extends along Little Pond Lane
and terminates adjacent to the western boundary of this site. The public water system is
available to serve the request site. Connection to the twelve (12) inch water line will be
required as well as connection to the six (6) inch line to provide an alternate feed. The
applicant has proffered to use the public water system. (Proffered Condition 1)
Public Wastewater S,, sue:
There is a ten (10) inch wastewater collector line extending along a portion of Old
Buckingham Road, and across the request site to Sandbag Terrace in Old Buckingham
Forest, Section 4. This line will serve the southern half of this site. Wastewater service to
the northern half of the site is available from an eight (8) inch wastewater collector line in
Little Pond Lane. This line terminates appro~mately eighty (80) feet west of the request
site. Use of the public wastewater system is intended. (Proffered Condition 1)
Drainage and Erosion:
ENVIRONMENTAL
The property drains in two (2) directions. Half of the property drains to the southwest to
Old Buckingham Road. The remaining portion drains to the west to Old Buckingham
Forest Subdivision. There are no existing or anticipated on-site drainage or erosion
problems. There are no known off-site drainage or erosion problems. However,
development of this property could create drainage problems for some of the existing
homes on Little Pond Lane due to sheet flow leaving the northern portion of the property.
In addition, the creek that leaves the pond located east of the property and runs across
several lots that will front the Old Buckingham Road makes a ninety (90) degree bend
approximately ten (10) feet from the home located on Tax ID 734-709-4390. While there
9 07SN0357-FEB27-BOS-RPT
is currently no drainage problem at this location, however, with the clearing of lots and
driveway, it is anticipated that this addition impervious will create a drainage problem for
the home located on the above parcel. The applicant has proffered that no runoff from
impervious areas shall drain directly onto the lots in Old Buckingham Forest Subdivision
and that the channel will be relocated to tie directly into the paved ditch in front of the
property identified as Tax ID 734-709-4390. (Proffered Condition 6)
There is an old pond and dam upstream that drains through the southern portion of the
property. This dam was not constructed to current standards; therefore, the applicant has
proffered that a dam failure analysis will be performed and all proposed homes shall be
located outside of the dam failure inundation limits. (Proffered Condition 7)
The property is currently wooded and should not be timbered without obtaining a land
disturbance permit from the Department of Environmental Engineering (Proffered
Condition 5). This will insure that adequate erosion control measures are in place prior to
any land disturbance.
PUBLIC FACILITIES
The need for schools, parks, libraries, fire stations, and transportation facilities in this area 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 sections of
this request analysis.
Fire ~ervice~
The Midlothian Fire Station, Company #5, and Forest View Volunteer Rescue Squad
currently provide fire protection and emergency medical service (EMS). 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 new stations, the Plan also recommends the expansion of five (5) existing stations.
Based on sixteen (16) 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 2)
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.
~chnnl~~
Approximately eight (8) (Elementary: 3, Middle: 2, High: 3) students will be generated
by this development. Currently this site lies in the Robious Elementary School
attendance zone: capacity - 756, enrollment - 647; Robious Middle School zone:
10 07SN0357-FEB27-BOS-RPT
capacity - 1,148, enrollment - 1,259; and James River High School zone: 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 at the middle and high
school level. There are currently thirteen (13) trailers at Robious Middle.
This case combined with other residential developments and zoning cases in the area, will
continue to push these schools to capacity, necessitating some form of relief in the future.
The applicant has addressed the impact of the development on schools with Proffered
Condition 2.
T,ihrariPC~
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 Midlothian Library or
the proposed new library in the Robious Road area, as identified in The Public Facilities
Plan. The applicant has addressed the impact library facilities. (Proffered Condition 2)
Parks and Recreation:
The Parks and Recreation Department operates forty-one (41) parks and athletic
complexes and selected athletic fields and recreation facilities on all sixty-one (61) school
sites, totaling over 3,800 acres. Parks and Recreation needs are documented in the Public
Facility, the Riverfront Plan, the Bikewa, s~ and various Comprehensive Plans
for the County The current Capital Improvement Plan documents development costs to
expand the park system to meet growth within the County and also infrastructure
improvements to aging facilities throughout the system. This spending plan totals $
31,100,000 through the year 2012. The Department has a current inventory of land and
facilities in excess of $72,000,000
The Public Facilities Plan identifies the need for three (3) regional, seven (7) community
and twenty-nine (29) neighborhood parks by 2020. In addition, there is 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 addresses the need
for the addition of recreational facilities to include sports fields, trails, playgrounds, court
games, senior centers and picnicking arealshelters 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.
11 07SN0357-FEB27-BOS-RPT
The applicant has addressed the impact on parks and recreation facilities. (Proffered
Condition 2)
Transportation:
The property (7.3 acres) is currently zoned Agricultural (A) and Residential (R-12), and
the applicant is requesting rezoning to Residential (R-12). The applicant has proffered a
maximum density of sixteen (16) lots (Proffered Condition 3). Based on single-family
trip rates, development could generate approximately 200 average daily trips. These
vehicles will be distributed to Old Buckingham Road. Based on the most recent data from
the Virginia Department of Transportation (VDOT), the section of Old Buckingham
Road from Midlothian Turnpike (Route 60) to Alverser Drive was carrying 9,649
vehicles per day (VPD) in 2006.
The Thoroughfare Plan identifies Old Buckingham Road as a collector with a
recommended right of way width of seventy (70) feet. The applicant has proffered to
dedicate thirty-five (35) feet of right of way, measured from the centerline of Old
Buckingham Road, in accordance with that Plan. (Proffered Condition 9)
Access to collectors, such as Old Buckingham Road, should be controlled. The applicant
has proffered that no public road access will be provided from the property to Old
Buckingham Road (Proffered Condition 8). This proffer would not preclude individual
lots to have private driveways onto Old Bucl~ingham Road. In order to provide driveways
onto Old Buckingham Road for any lot, the Director of Transportation must grant an
exception at time of tentative subdivision plat review. Because of the number of existing
residential lots that currently front Old Buckingham Road, the Transportation Department
will grant this exception. The remaining lots that are developed on the property will
access to Old Buckingham Road via Little Pond Lane and Unison Drive.
The traffic impact of this development must be addressed. The applicant has proffered the
customary road improvement to widen/improve the north side of Old Buckingham Road
to an eleven (11) foot wide travel lane with an additional one (1) foot wide paved
shoulder plus a seven (7) foot wide unpaved shoulder, and overlay with asphalt the full
width of the road for the entire property frontage (Proffered Condition 10). This
improvement will be provided with initial development of the property. Constructing this
improvement is not anticipated to need "off site" right of way. According to Proffered
Condition 10, if the developer is unable to acquire any the off site right of way, 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 10)
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. Old Buckingham Road will be directly impacted by
development of this property. Sections of this road have approximately nineteen (19) to
12 07SN0357-FEB27-BOS-RPT
twenty (20) foot wide pavement with no shoulders. This road is at capacity (Level of
Service E) for the volume of traffic it currently carries (9,649 VPD).
The applicant has proffered to provide cash, in an amount consistent with the Board of
Supervisors' Cash Proffer Policy, towards mitigating the traffic impact of this
development (Proffered Condition 2). 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.
In order to address concerns of some area citizens regarding additional cut-through traffic
and speeding through the neighborhood, on January 14, 2008, the applicants proffered
installation of multi-way stop signs at two (2) intersections within Old Buckingham
Forest Subdivision (Proffered Condition 16). Staff has requested that VDOT study these
intersections to determine if they would support the installation of such signs
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.
13 07SN0357-FEB27-BOS-RPT
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling
Units 16* 1.00
Population Increase 43.52 2.72
Number of New Students
Elementary 3.73 0.23
Middle 2.08 0.13
High 2.70 0.17
TOTAL 8.51 0.53
Net Cost for Schools 85,568 5,348
Net Cost for Parks 9,664 604
Net Cost for Libraries 5,584 349
Net Cost for Fire Stations 6,480 405
Average Net Cost for Roads 143,072 8,942
TOTAL NET COST $250,368 $15,648
* Based on a proffered maximum of sixteen (16) dwelling units (Proffered Condition 3). 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 to assist in defraying the cost of this proposed zoning
on such capital facilities. (Proffered Condition 2)
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,ANn TIFF,
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.
14 07SN0357-FEB27-BOS-RPT
Area Development Trends:
Surrounding properties to the north, east and west are zoned Residential (R-12 and R-9)
and are occupied by single-family residential uses in Old Buckingham Forest subdivision
on an acreage. Properties to the south are zoned Light Industrial (I-1) and are occupied
by single-family residential use or remain vacant.
Zonin H.~ istorX:
On November 27, 1985, the Board of Supervisors approved R-12 zoning on a portion of
the request property and adjacent property to the north and east (Case 855089).
Subsequently, Old Buckingham Forest has developed on a portion of that property.
Density, Lot Size and House Size:
The applicant has proffered to limit development to a maximum of sixteen (16) lots,
yielding an overall density of approximately 2.2 dwelling units per acre (Proffered
Condition 3). Proffers preclude access to Old Buckingham Road, resulting in the only
existing access available to the property being Little Pond Lane in Unison Drive. To
insure that this development will be comparable with that in Buckingham Forest through
which access will be provided, the applicant has agreed any lots having sole access
through Old Buckingham Forest Subdivision will have an average lot size of 15,600
square feet and a maximum density of 2.8 units per acre. (Proffered Condition 4) There
is the potential in the future that lots may have access to Old Buckingham Road through
the adjacent property to the east. In addition, the applicant has provided that the existing
house on Tax ID 734-710-7726 will be on a lot with a minimum area of one (1) acre.
(Proffered Condition 14)
The minimum gross floor area of dwellings shall be 1800 square feet. (Proffered
Condition 12)
Architecture'
Proffered Condition 11 addresses the architectural treatment/materials of exposed
portions of foundations and of piers supporting porches.
Tree Preservation:
To address concerns expressed by area residents, the applicants have agreed to provide a
minimum fifteen (15) foot tree preservation strip adjacent to the boundaries of Old
Buckingham Forest and Olde Coach Village subdivisions (Proffered Condition 13). This
preservation strip is to be located on individual lots and could become an enforcement
problem should future lot owners violate this requirement.
15 07SN0357-FEB27-BOS-RPT
Restrictive Covenants:
Proffered Condition 15 requires restrictive covenants be recorded in conjunction with the
recordation of any subdivision plat. The County will only insure the recordation of the
covenants and will not be responsible for their enforcement. Once the covenants are
recorded, they can be changed.
CONCLUSIONS
The proposed zoning and land uses 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.
In addition, the proffered conditions adequately address the impacts of this development on
necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan.
Specifically, the needs for roads, schools, parks, libraries and fire stations is identified in the
Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program, and the
impact of this development is discussed herein. The proffered conditions mitigate the impact on
capital facilities, thereby insuring adequate service levels are maintained and protecting the
health, safety and welfare of County citizens.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (10/16/07):
At the request of the applicant, the Commission deferred this case to their November 20,
2007, meeting.
Staff (9/19/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than September 24, 2007, for consideration at the
Commission's November 20, 2007, meeting. The applicant was also advised that a
$250.00 deferral fee was due.
Applicant (9/27/07):
The deferral fee was paid.
16 07SN0357-FEB27-BOS-RPT
Staff (10/26/07):
To date, no new information has been received.
Applicant (10/31 /07)
Revised proffered conditions were submitted.
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 in writing that any significant new or revised information
should be submitted no later than November 26, 2007, for consideration at the
Commission's January 15, 2008, public hearing. Also, the applicant was advised that a
$250.000 deferral fee must be paid prior to the Commission's public hearing.
Applicant (11 /21 /07 and 11 /28/07)
Revised proffered conditions were submitted.
Applicant (12/5/07):
The deferral fee was paid.
Applicant (1/14/08):
An additional proffered condition was submitted.
Planning Commission Meeting (1/15/08):
The applicant accepted the recommendation. There was no opposition present.
On motion on Mr. Waller, seconded by Mr. Brown, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 through 8.
AYES: Messrs. Gulley, Bass, Brown, Hassen and Waller.
17 07SN0357-FEB27-BOS-RPT
The Board of Supervisors, on Wednesday, February 27, 2008, beginning at 6:30 p.m., will take
under consideration this request.
18 07SN0357-FEB27-BOS-RPT
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