STAFF S REQUEST ANALYSIS AND RECOMMENDATION 07SN0340. Francis Beers

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1 September 18, 2007 CPC November 20, 2007 CPC February 19, 2008 CPC June 17, 2008 CPC August 19, 2008 CPC September 24, 2008 BS STAFF S REQUEST ANALYSIS AND RECOMMENDATION 07SN0340 Francis Beers Matoaca Magisterial District Alberta Smith Elementary, Bailey Bridge Middle and Manchester High Schools Attendance Zones West line of Qualla Road REQUESTS: Request I: Rezoning from Agricultural (A) to Residential (R-12). Request II: Waiver to street connectivity requirements for Belcherwood Road. PROPOSED LAND USE: A residential subdivision with a maximum of 230 dwelling units is planned. Based on the total acres included in the application, this development would yield an overall density of approximately 0.91 dwelling units per acre. Specifically, 0.5 dwelling units per acre is proposed east of the limits of land filled areas and 2.18 dwelling units per acre planned on the remainder of the property. (Proffered Condition 8 and Exhibit A) RECOMMENDED DENIAL. PLANNING COMMISSION RECOMMENDATION AYES: MESSRS. GULLEY, BASS, AND HASSEN. NAYS: MESSRS. BROWN AND WALLER. Providing a FIRST CHOICE community through excellence in public service

2 STAFF RECOMMENDATION Request I: Recommend approval of the rezoning for the following reasons: A. Since the request property would be served by public utilities and at least a portion of the development would have access through Bayhill Pointe Subdivision and Reedy Mill Subdivision, it is appropriate in this case to deviate from the R-88 zoning recommended by the Southern and Western Area Plan to allow a higher density on the western portion of the request property while maintaining 0.5 units per acre on the remainder of the property and with densities calculated exclusive of any areas of landfill activity. B. The proffered conditions mitigate the impact on capital facilities, consistent with the Board of Supervisors policy, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. Request II: Recommend denial of the waiver to street connectivity requirements to Belcherwood Road for the following reasons: A. No justification for granting this waiver has been provided with this request. In addition, the evaluation of the Policy criteria for granting such relief necessitates design details that can best be evaluated through the subdivision review process. B. Failure to provide a public road connection does not address health and safety concerns of the Fire Department. (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) 1. Utilities. Public wastewater shall be used. (U) (STAFF) 2. Landfill areas. The limits of any permitted and non-permitted landfill areas that have received debris shall be shown on the construction plans and all recorded plats. No residential dwelling shall be located within fifty (50) feet of any of the permitted landfill areas, nor within one hundred (100) feet of any non-permitted landfill areas. (EE and P) 2 07SN0340-SEP24-BOS-RPT

3 (STAFF) 3. Dam Breaks. A. Dam break limits have been performed on Swift Creek Reservoir dam and all structures shall be constructed outside of these limits. B. A dam break analysis will be performed on the dam in Reedy Mill and all homes shall be constructed outside of these limits. (EE) (STAFF) 4. Timbering. With the exception of timbering which has been approved by the irginia State Department of Forestry for the purpose of removing dead 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) (STAFF) 5. Existing Pond. The large pond on the property shall be retained and upgraded to meet dam standards in the effect at the time of plan submittal. (EE) (STAFF) 6. Downstream Pond. The adjacent pond downstream on the eastern property line will be analyzed and designed such that the dam does not overtop during the 100-year storm. This may be met by improvements to the spillway of the adjacent pond, retaining water on site or a combination thereof. (EE) (STAFF) 7. Capital Facilities. In addition to the Transportation Contribution in Proffered Condition 21, the applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the issuance of building permit, for infrastructure improvements within the service district for the property: A. If payment is made prior to July 1, 2009, $7, per dwelling unit. At time of payment $7, will be allocated pro-rata among the facility costs as follows: $6, for schools, $ for parks and recreation, $ for library facilities, and $ for fire stations; or B. If payment is made after June 30, 2009, the amount approved by the Board of Supervisors not to exceed $7, per dwelling unit pro-rated as set forth in Proffered Condition 7.A. above and adjusted annually in accordance with the cash proffer policy, but in no event shall the amount exceed the Marshall and Swift Building Cost Index annual increase. C. Cash proffer payment shall be spent for the purposes proffered or as otherwise permitted by law. 3 07SN0340-SEP24-BOS-RPT

4 D. 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) (STAFF) 8. Maximum Density. In that area lying to the east of the westernmost boundary of the limits of permitted and non-permitted landfill areas and north of the extension of Battlecreek Drive, and also including that area lying to the east of Belcherwood Road as generally shown on Exhibit A prepared by Balzer and Associates, Inc. dated September 6, 2007, and revised June 25, 2008, shall be limited to 0.5 dwelling units per acre which shall be exclusive of any acreage identified as having had landfill activity. The remaining acreage shall be limited to a maximum of 2.18 dwelling units per acre, except for those lots having sole access through Reedy Mill Subdivision which shall have a maximum density of 1.24 dwelling units per acre. Maximum permitted densities shall be calculated using acerages exclusive of any areas of permitted and non-permitted landfill activities. The maximum number of dwelling units shall not exceed 230 dwelling units. (P) (STAFF) 9. Minimum Lot Size. Except for lots having sole access through Reedy Mill Subdivision which shall have an average lot size of one (1) acre, the minimum lot size shall be 15,000 gross square feet. (P) (STAFF) 10. Historic House. The historical house known as the Newby Belcher house shall not be removed. (P) (STAFF) 11. Minimum Dwelling Size. Except as provided below, one-story dwelling units shall have a minimum gross floor area of 1,700 square feet and dwelling units with more than one story shall have a minimum gross floor area of 2,000 square feet: A. A maximum of twenty five (25) dwelling units located within Tract A as shown on Exhibit A prepared by Balzer and Associates, Inc. dated September 6, 2007 and revised June 25, 2008, shall have a minimum gross square footage of 1,600 square feet. The permitted lots shall be identified on the Tentative Subdivision plat and on any record plat. B. All dwelling units having sole access through Reedy Mill subdivision shall have a minimum gross square footage of 2,000 square feet. (P) (STAFF) 12. Landfill Location. The area of permitted and non-permitted landfill activity shall be clearly identified by a permanent marker or similar 4 07SN0340-SEP24-BOS-RPT

5 means. The method of delineation shall be approved by the Planning Department. (P) (STAFF) 13. Fill Area Platting. In conjunction with submittal of the first tentative subdivision plan, a plat showing the exact metes and bounds of the permitted and non permitted fill areas shall be submitted to the Planning Department. This plat shall note all conditions stated herein and, upon approval by the Planning Department, shall be recorded in the Circuit Court with the property reference. The limits of the areas of nonpermitted landfill activities shall be verified by a geotech that has landfill experience. Such verification shall be submitted to the Planning Department in conjunction with the submittal of the tentative subdivision plan. (P) (STAFF) 14. Landfill Ownership. The permitted and non-permitted landfill areas shall be held in private ownership and not transferred to any Homeowners Association. No portion of any recorded lot within this development shall include any area of permitted and non-permitted landfill areas. (P) (STAFF) 15. Phasing of Lots. Development on the Property shall be phased as follows: A. No lots shall be recorded prior to January 1, B. No more than a cumulative total of seventy-five (75) lots shall be recorded prior to July 1, C. No more than a cumulative total of one hundred twenty five (125) lots shall be recorded prior to July 1, D. No more than a cumulative total of one hundred seventy five (175) lots shall be recorded prior to July 1, E. No more than a cumulative total of two hundred thirty (230) lots shall be recorded prior to July 1, (P) (STAFF) 16. Connectivity. No direct vehicular access shall be provided from the property to Belcherwood Road except for a gated emergency access. Belcherwood Road shall be gated to preclude its use other than during emergency situations. The exact design, location and maintenance provisions of the access shall be reviewed and approved by the Fire Department at the time of tentative subdivision plan review. (P & F) (STAFF) 17. Access. Direct vehicular access from the property to Qualla Road shall be limited to Battlecreek Drive Extended. In conjunction with tentative subdivision plan approval, an access plan for Battlecreek Drive shall be submitted to and approved by the Transportation Department. Direct 5 07SN0340-SEP24-BOS-RPT

6 vehicular access from the property to Battlecreek Drive Extended shall conform to the approved access Plan. (T) (STAFF) 18. Dedication. In conjunction with recordation of the initial subdivision plat or within one hundred twenty (120) days of written request by Chesterfield County, whichever occurs first, the following rights of way shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County: A. Seventy (70) feet through the property for an east/west collector (Battlecreek Drive Extended); B. Forty-five (45) feet of right-of-way along the west side of Qualla Road measured from the centerline of that part of the roadway immediately adjacent to the property (T) (STAFF) 19. Road Improvements. The developer shall be responsible for the following improvements: A. Construction of two (2) lanes of Battlecreek Drive Extended through the property to DOT Urban Collector (40 mph) standards, with any modifications approved by the Transportation Department. The exact length, location, design and alignment of this improvement shall be approved by the Transportation Department; B. Construction of two (2) traffic islands/circles in Battlecreek Drive Extended if approved by the Transportation Department and DOT. The location and design shall be determined at time of tentative subdivision review; C. Construction of additional pavement along Qualla Road at the Battlecreek Drive Extended intersection to provide a right and left turn lane; D. Construction of additional pavement along Battlecreek Drive Extended at each approved public road intersection to provide a right and left turn lane, if warranted, based on Transportation Department standards; E. Dedication to and for the benefit of Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the 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 above, the developer may request, in writing, that the County acquire such right-of-way as a public 6 07SN0340-SEP24-BOS-RPT

7 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) 20. Phasing. Prior to any construction plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 19 shall be submitted to and approved by the Transportation Department. The approved phasing plan shall require, among other things, that the improvements identified in Proffered Condition 19 A, B and C be provided in conjunction with development of the initial section. (T) (STAFF) 21. Transportation Contribution. The applicant, subdivider or assignee(s) (the Applicant) shall pay the following to the County of Chesterfield, prior to recordation of each subdivision section: A. $10,467 multiplied by the total number of lots in the section to be recorded, if paid prior to July 1, 2009,or B. if paid after June 30, 2009, $10,467 adjusted annually in accordance with the Cash Proffer Policy, multiplied by the total number of lots in the section to be recorded. The payments shall be used for road improvements within Traffic Shed 12 or for road improvements that provide relief to that Traffic Shed, as determined by the Transportation Department. If, upon the mutual agreement of the Transportation Department and the Applicant, the Applicant provides road improvements other than those road improvements identified in Proffered Condition 19, but including improvements to Bailey Bridge Road, (the Additional Road Improvements ) the Applicant shall receive a credit towards the amount that would have been collected through the Transportation Contribution as stated above. Once the sum total amount of the Transportation Contribution as stated above exceeds the Costs of the Additional Road Improvements as determined by the Transportation Department, the Applicant shall commence paying the Transportation Contribution as set forth above. The credit shall be calculated in accordance with the latest revision of the Transportation Department s policy titled Credit For Road Improvements. In the event the Developer is unable to acquire any off-site right-of-way that is necessary for the Additional Road Improvements, the developer 7 07SN0340-SEP24-BOS-RPT

8 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 but shall be eligible for credit toward the Transportation Contribution as outlined above. In the event the County chooses not to assist the developer in acquisition of the off-site right-of-way, and approved by the Transportation Department, the developer shall provide the Additional Road Improvements to the extent possible within available right-of-way, as determined by the Transportation Department. (T) (STAFF) 22. Open Space. A minimum of twenty (20) percent of the total acreage, exclusive of the landfill area as platted by the requirement of Proffered Condition 13, shall be held in commonly owned open space. (P) (STAFF) 23. Restrictive Covenants. The following deed restrictions and conditions shall be recorded at time of subdivision recordation for any lots having sole access through Reedy Mill Subdivision. A. An Architectural Review Committee, hereinafter called ARC, shall be comprised of Francis Beers and Jim Kennedy, their 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 that access through the Reedy Mill Subdivision, according to the specifications set forth in Architectural Review Guidelines attached hereto and made a part hereof. B. No building, structure, 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 (1) quality of workmanship and material types, (2) external design and appearance, (3) location of improvements and overall landscaping, and (4) color scheme. C. 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 drainage or furnishing lights, telephone or any other utility to the property. 8 07SN0340-SEP24-BOS-RPT

9 D. 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. 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 front or exterior set back line except with the prior approval of the ARC. E. No animals, including without limitation, rabbits, poultry, or livestock 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 the 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, nor constitute a nuisance in the opinion of the ARC, his successors or assigns. F. No structure of 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 of permanently. G. 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. H. All lot owners shall take care not to disturb or siltate shoulders, backslopes, ditches, pavement or driveway culverts within the public right of way. Each lot owner agrees to be responsible for disturbances and siltation caused by themselves, their employees, suppliers, or contractors and shall have 14 days from the receipt of a letter from the ARC to correct the damage. If a lot owner fails to properly correct the damage, then the ARC or developer will correct the damage and bill the lot owner directly. 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. 9 07SN0340-SEP24-BOS-RPT

10 I. No shrubs, trees, fences or structures of any type shall be erected which may partially or fully block vehicular sight distance, as set forth in the irginia Highway Department regulations, or any roadway in Reedy Mill. J. No work vehicles, boats, campers or trailers may be kept in front of any house either permanently or temporarily. K. 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. L. 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 period of ten (10) years unless an instrument signed by a majority of the owners of the lots has been recorded, revoking said covenants, or agreeing to change said covenants in whole or in part. M. The construction of any structure on a lot shall be completed within a period of twelve (12) months after the beginning of construction. During construction, the Lot shall be maintained in a clean and uncluttered condition, free of unnecessary accumulation of waste and building debris. ARCHITECTURAL REIEW GUIDELINES All plans shall be approved prior to commencement of construction on each lot. House locations shall be approved at construction. Square Footage Minimum 2,000 sq. ft. Roof Brick foundations Brick pier foundations built on house exteriors shall incorporate lattice panels Garages Garage entrances any face road front on approval by ARC Stoops and Walks Brick stoops or painted fir (no salt treated stoops except when approved by ARC) Minimum 40 sq. ft SN0340-SEP24-BOS-RPT

11 Concrete sidewalks Siding Minimum 1 x 6 rake and fascia boards Landscaping Builder to leave as many trees as possible over 6 at base $ minimum shrubbery allowance Colors Minimum 2 colors Satellite dishes and swimming pool design, location and screening shall be approved prior to installation. The Architectural Review Committee (ARC), which consists of Francis Beers & Jim Kennedy, successors, heirs, or assigns, reserve the right to modify the above restrictions or any other imposed deed restrictions in all or in part without notice. In addition, the ARC reserves the right to make special exceptions to these conditions on an individual basis; however, any special exception(s) shall not be deemed as a waiver of the restriction(s) as they may apply in the future. The ARC reserves the right to disallow construction of architecturally similar homes adjacent to each other. (P) (Staff) 24. Trail Easement. The applicant, subdivider or assignee(s) (the Applicant) shall dedicate a trial easement of a minimum of thirty (30) feet wide, along the boundary of Swift Creek, to the County, in conjunction with the recordation of the first subdivision section. The exact location and width shall be approved by the Parks and Recreation Department at the time of Tentative Subdivision review. (P&R) Location: GENERAL INFORMATION West line of Qualla Road and northern termini of Springhouse Drive and Belcherwood Road. Tax IDs ; ; and Existing Zoning: A 11 07SN0340-SEP24-BOS-RPT

12 Size: acres Existing Land Use: Construction, demolition and debris landfill; single family residential; and agricultural/forestal use. Adjacent Zoning and Land Use: North - A and R-25; Single family residential or vacant South - A and R-15; Single family residential or vacant East - A; Public/semi-public (Pocahontas Park) or vacant West - R-12; Single family residential or vacant Public Water System: UTILITIES There is an existing twelve (12) inch water line extending along a portion of Battlecreek Drive that terminates adjacent to Bailey Creek Road, approximately 580 feet west of this site. In addition, there is an existing eight (8) inch water line extending along Springhouse Drive, terminating adjacent to the southwestern boundary of the request site. The request site is within the area recommended for R-88 zoning by the Southern and Western Area Plan, and as such the use of the public water system is required by County Code. Public Wastewater System: There is an existing twenty-one (21) inch wastewater trunk line extending along Reedy Branch Creek that crosses the western portion of the request site. The request site is within the area recommended for R-88 zoning by the Southern and Western Area Plan, and as such the use of private septic systems is permitted. However, due to the density sought by the applicant, use of the public wastewater system will be necessary. Staff initially had concerns as to the ability to serve the eastern half of the site, and requested that the applicant provide an engineering evaluation. This was done, and staff is satisfied that all of the request site intended for residential lots can be served by the public wastewater system. The use of the public wastewater system has been proffered. (Proffered Condition 1) Drainage and Erosion: ENIRONMENTAL The subject property drains to the north to Swift Creek. Approximately fifty (50) percent of the property is wooded and, as such, should not be timbered without obtaining a land disturbance permit from the Department of Environmental Engineering and the 12 07SN0340-SEP24-BOS-RPT

13 appropriate devices installed (Proffered Condition 4). This will insure that adequate erosion control measures are in place prior to any land disturbance. There are currently no known on-site drainage or erosion problems and none are anticipated after development. Swift Creek forms the northern property line and over the years has started to show signs of stream bank erosion and Qualla Road which is immediately to the east floods during very severe storms. The limits of any (permitted and non-permitted) cells that have received debris must be so shown on the construction plans and all recorded plats. No dwellings should be located within fifty (50) feet of all permitted cells and within 100 feet of all nonpermitted cells. (Proffered Condition 2) Dam break limits have been performed on Swift Creek Reservoir dam and all structures must be constructed outside of these limits (Proffered Condition 3.A). In addition, a dam break analysis must be performed on the dam in Reedy Mill and all homes must be constructed outside of these limits. (Proffered Condition 3.B) The large pond on the southeastern corner of the request will remain (Proffered Condition 5). The release rate from the pond and any property below the pond must be such that the existing downstream pond adjacent to the eastern property line has an adequate primary and secondary spillway based on full development. (Proffered Condition 6) There is a permitted landfill of twenty-two (22) acres on the property and an approximate eleven (11) acre non-permitted landfill area. The edges of the non-permitted landfill must be located by a geotech that has landfill experience. It is critical that both are permanently identified. (Proffered Conditions 12 and 13) Water Quality: Swift Creek and the creek that drains Reedy Mill Subdivision are both perennial streams and, as such, are subject to a 100 foot conservation buffer inside of which uses are very limited. There are several other streams on the property that had perennial flow determinations recently approved by the Water Quality Section of Environmental Engineering and they are also subject to a 100 foot conservation buffer. 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, the Thoroughfare Plan and the Capital Improvement Program and further detailed by specific departments in the applicable sections of this Request Analysis SN0340-SEP24-BOS-RPT

14 Fire Service: Schools: Libraries: 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 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 230 dwelling units, this request will generate approximately sixty (60) calls for fire and emergency medical service each year. The applicant has offered measures to assist in addressing the impact on fire and EMS. (Proffered Condition 7) The Fire Department does not support the proposed emergency access to Belcherwood Road (Proffered Condition 16). The Fire Department supports the Subdivision Ordinance requirement for a second public access to developments that exceed fifty (50) dwelling units. Company Number 24, and the Manchester olunteer 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. Approximately 113 (Elementary: 51, Middle: 25, High: 37) students will be generated by this development. This site lies in the Alberta Smith Elementary School attendance zone: capacity - 674, enrollment 765; Bailey Bridge Middle School zone: capacity - 1,521, enrollment - 1,623; and Manchester High School zone: capacity - 2,128, enrollment - 2,033. The enrollment is based on October 1, 2007, and the capacity is as of This request will have an impact on schools. There are currently eight (8) trailers at Alberta Smith and five (5) at Manchester High. Tomahawk Creek Middle School is scheduled to open this fall. This school will provide relief for Bailey Bridge Middle, Midlothian Middle and Swift Creek Middle. This area of the county continues to experience growth and this school will provide much needed space. This case combined with other residential developments and zoning cases in the area, will continue to push these schools over capacity, necessitating some form of relief in the future. The applicant has offered measures to assist in addressing the impact of the development on schools. (Proffered Condition 7) 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 SN0340-SEP24-BOS-RPT

15 Development of the property would most likely affect the existing Clover Hill Library or a proposed new branch in the Winterpock and Beach Road area. The Public Facilities Plan identified a need for additional library space in this area of the County. The applicant has offered measures to assist in addressing the impact of this development on library facilities. (Proffered Condition 7) Parks and Recreation: The Public Facilities Plan identifies the need for three (3) regional, seven (7) community and twenty-nine (29) neighborhood parks by In addition, there is currently a shortage of community and neighborhood park acreage in the county. The Public Facilities Plan identifies a need for 354 acres of regional park space, 252 acres of community park space and 199 acres of neighborhood park space by 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. In addition, the Plan identifies the need for additional recreational facilities to include sports fields, trails, playgrounds, court games, senior centers and picnicking area/shelters at existing parks to complete build out. The Plan also identifies the need for water access to the James and Appomattox Rivers and their major tributaries, Swift and Falling Creeks. The applicant has offered measures to address the impact of this proposed development on the infrastructure needs of Parks and Recreation. (Proffered Condition 7) The Southern and Western Area Plan suggests recreation/linear trails should be provided along Swift Creek. Proffered Condition 24 requires the developer to record an easement along Swift Creek for a trial. Transportation: The property is approximately 250 acres located between the Bayhill Pointe Subdivision and Qualla Road. The applicant is requesting rezoning from Agricultural (A) to Residential (R-12) and has proffered a maximum density of 230 dwelling units (Proffered Condition 8). Based on trip generation rates for single-family housing, development of the property could generate approximately 2,250 average daily trips (ADT). This traffic would be distributed along: Battlecreek Drive 4,788 ADT (2007) Level of Service C Qualla Road 8,800 ADT (2006) Level of Service E Bailey Bridge Road 8,380 ADT (2007) Level of Service E. The Thoroughfare Plan identifies Qualla Road as a major arterial with a recommended right of way width of ninety (90) feet. The applicant has proffered to dedicate forty-five (45) feet of right of way adjacent to the property in accordance with this Plan (Proffered Condition 18.B). The Plan also identifies a collector through the property ( Battlecreek Drive Extended ) with a recommended right of way width of seventy (70) feet. The applicant has proffered to dedicate seventy (70) feet of right of way for Battlecreek Drive Extended through the property in accordance with the Plan. (Proffered Condition 18.A) 15 07SN0340-SEP24-BOS-RPT

16 Access to major arterials and collectors should be controlled. The applicant has proffered that vehicular access from the property to Qualla Road will be limited to Battlecreek Drive Extended (Proffered Condition 17). Proffered Condition 17 also requires the applicant to submit an access plan for Battlecreek Drive Extended to the Transportation Department for approval. ehicular access from the property to Battlecreek Drive Extended will conform to the approved access plan. The property also has access to Belcherwood Road. Belcherwood Road is a narrow, gravel road that cannot accommodate additional traffic. The applicant has proffered that access to Belcherwood Road will be gated for use during emergency situations only. (Proffered Condition 16) The traffic impact of this development must be addressed. The applicant has proffered to construct two (2) lanes of Battlecreek Drive Extended through the property with traffic circles, right and left turn lanes along Qualla Road at the Battlecreek Drive Extended intersection, turn lanes along Battlecreek Drive at each public road intersection, and dedicate any additional right of way required for these improvements (Proffered Condition 19). In order to provide the turn lanes along Qualla Road, significant, off-site right-of-way will have to be acquired from the properties to the north and south. According to Proffered Condition 19.E, if the developer needs off-site right-of-way for construction of the turn lanes, and is unable to acquire it, the developer may request the county to acquire the right-of-way as a public road improvement. If the county chooses not to assist with the right-of-way acquisition, the developer will not be obligated to acquire the off-site right-of-way and will only be obligated to construct road improvements within available right-of-way. Proffered Condition 20 allows these improvements to be phased with the development but requires construction of Battlecreek Drive Extended and the turn lanes along Qualla Road to be constructed in conjunction with the initial development. Area roads need to be improved to address safety and accommodate the increase in traffic generated by this development. Traffic generated by this development will travel along Qualla Road and Bailey Bridge Road. Sections of both of these roads have little or no shoulders, fixed objects adjacent to the edge of pavement, and poor vertical and horizontal alignments. The applicant has proffered to contribute cash, in an amount consistent with the Board of Supervisors Policy, towards mitigating the traffic impact of this development (Proffered Condition 21). Proffered Condition 21 would also permit the applicant to provide off-site improvements to area roads, including Bailey Bridge Road, in exchange for credit towards the Transportation Contribution. In order for the applicant to receive credit for any off-site improvements, staff must agree to the specific improvements and the associated costs. Cash proffers alone will not cover the cost of the road improvements needed in this area. Currently included in the Six-Year Improvement Program is a project that involves reconstructing Bailey Bridge Road as a two-lane road from Claypoint Road to Manchester High School. Preliminary plans have been developed and DOT held a public hearing for the project on March 20, 2007; however, the project is not anticipated to begin until Fall The county is administering a project to improve the curve on 16 07SN0340-SEP24-BOS-RPT

17 Qualla Road at Belcherwood Road, which is expected to be under construction in Summer There are no other public road improvement projects in this area. During tentative subdivision review, specific recommendations will be made regarding stub road rights of way to adjacent properties and the internal road network. Financial Impact on Capital Facilities PER UNIT Potential Number of New Dwelling 230* 1.00 Units Population Increase Number of New Students Elementary Middle High TOTAL Net Cost for Schools 1,874,040 8,148 Net Cost for Parks 259,900 1,130 Net Cost for Libraries 58, Net Cost for Fire Stations 127, Average Net Cost for Roads 3,190,330 13,871 TOTAL NET COST 5,510,570 23,959 *Based on a proffered maximum of 230 dwelling units (Proffered Condition 8). The actual number of dwelling units and corresponding impact may vary. As noted, this proposed development will have an impact on capital facilities. At the time that this rezoning application was submitted, the calculated fiscal impact of every new dwelling unit on schools, roads, parks, libraries, and fire stations was $15,648 per unit. Effective July 1, 2008 the maximum per-dwelling-unit cash proffer was increased to $18,080. The applicant has been advised that a maximum cash proffer of $18,080 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 $7,613 per dwelling unit to address the development s impact on school, park, fire, and library facilities. The applicant has further offered, upon mutual agreement between the applicant and the county, a transportation contribution that equals $10,467 times the number of dwelling units constructed in the development or road improvements that are equivalent to the dollar amount of road impact SN0340-SEP24-BOS-RPT

18 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. Comprehensive Plan: LAND USE Lies within the boundaries of the Southern and Western Area Plan which suggests the property is appropriate for residential use of 1-5 acre lots; suited to R-88 zoning. The Plan offers land use recommendations based on several key issues for the area which include, although not limited to, maintaining the existing forestall and rural character if the area and minimizing the cost of public facilities by promoting orderly and efficient land use patterns. The Plan provides a development approach which logically sequences expenditures for public facilities and service. Specifically, the Plan bases land use recommendations for residential densities an the availability and future plans for public water and sewer services. The request property would be served by public water (as required by County Code) and public sewer (Proffered Condition 1). In addition, at least a portion of the proposed development will have access through Bayhill Pointe Subdivision with the extension of Battlecreek Drive and through Reedy Mill Subdivision via Springhouse Drive. Given these considerations, it is appropriate to deviate from the Plan recommendations to allow a higher density than the Plan suggests on the western portion of the request property provided the 0.5 units per acre is maintained on the remainder of the property and densities are calculated exclusive of any areas of landfill activity. Area Development Trends: Surrounding properties are zoned A, R-12, R-15 and R-25 and are occupied by agricultural uses, public/semi-public uses (Pocahontas Park), single family residential uses on large acreage parcels and within Reedy Mill and Bayhill Pointe Subdivisions, or are vacant. The Reedy Mill Subdivision has developed at approximately 1.24 dwelling units per acre and the Bayhill Pointe Subdivision has a density of approximately 1.76 dwelling units per acre. It is anticipated that residential use will continue in the area at densities suggested by the Plan. Zoning History: In 1982, the Board of Supervisors approved Conditional Use (Case 82S071) to permit a construction and demolition debris landfill on 7.5 acres of the request property. The landfill operations had been occurring for approximately four (4) years without local, state or Federal approvals. Conditions were imposed to minimize potential hazards from the landfill operations such as identifying, removing, securing existing landfill areas and stabilizing the slopes of these areas and along Swift Creek SN0340-SEP24-BOS-RPT

19 In 1987, the Board of Supervisors approved an amendment to Conditional Use (Case 82S071) to permit expansion of the landfill (Case 87S0005) on 22.1 acres of the request property. Conditions were imposed to require proper operation and reclamation of the landfill to minimize the impact on adjacent and area properties such as buffers and adequate cell construction and site stabilization. In 1993, the Board of Supervisors approved an amendment to Conditional Use (Case 87S005) to permit shredded tires to be utilized solely in the construction of the drainage and drainage protection layers of a cell as a liner (Case 93SN0229). Conditions were imposed prohibiting the depositing of tires other than shredded tire material that was to be placed in the landfill as part of an engineered cell liner, limited the amount of tire material allowed, prohibited tire burning, and addressed fire protection. Landfill Activity: Density: In 1982, staff confirmed that a borrow pit and construction and demolition debris landfill operation was occurring on the subject property. It was determined that the operation had been occurring without local, state and Federal approvals for approximately four (4) years (since approximately 1978). Although, as previously noted, zoning was granted in 1982 to permit the landfill on a portion of the request property, staff is concerned that the limits of the existing non-permitted or illegal fill areas have not been accurately identified. It is important that these areas be located and properly identified so proposed residential uses will not encroach upon these fill areas and potential hazardous impacts may be minimized. Proffered Conditions require the exact metes and bounds of any permitted and non-permitted landfill areas to be field located, platted, recorded and noted on any development plans and record plats. (Proffered Conditions 2, 12 and 13) A maximum of 230 dwelling units would be permitted on the total acres yielding an overall density of approximately 0.91 dwelling units per acre (Proffered Condition 8). In addition, the proffer addresses Staff s concerns relative to excluding the permitted and non-permitted landfill areas from the density calculations. Further, the proffer would permit a maximum density of 0.5 units per acre on the eastern portion of the property, and 2.18 dwelling units per acre on the remaining acreage. (Exhibit A) The applicant has indicated that the final subdivision design may result in lots with sole access through Reedy Mill Subdivision. This proposal does not include a request to waive the street connectivity requirements to the stub road (Springhouse Drive) within Reedy Mill to allow sole access, however a waiver to street connectivity could be requested during tentative subdivision review. Should access via Springhome Drive provide sole access to the subject property, density compatibility with those adjacent properties would be required (Proffered Condition 8). Development within Reedy Mill Subdivision, in the vicinity of the request property, has a density of approximately 1.24 dwelling units per acre SN0340-SEP24-BOS-RPT

20 Lot Sizes: To address concerns of area citizens, lots will have a minimum area of 15,000 gross square feet except that lots with sole access through Reedy Mill Subdivision have a minimum area of one (1) acre (Proffered Condition 9). As noted above, this proposal does not include a request to waive street connectivity requirements to Springhouse Drive within Reedy Mill Subdivision to allow sole access however, a waiver to connectivity could be requested during tentative subdivision review. As such, the applicant has proffered that any lots that have sole access through these adjacent properties will have an average lot area of one (1) acre to ensure compatible lot sizes with those lots within Reedy Mill Subdivision. (Proffered Condition 9) Historic Structure: House Sizes: The historic structure, the Newby-Belcher house, is required to remain (Proffered Condition 10). The proffer does not require the structure to be maintained or restored so therefore does little to protect it from deterioration. Proffered Condition 11 would require certain minimum dwelling sizes. A portion of the proffer would permit twenty-five (25) dwellings within Tract A to have a reduced size. The lots on which these reduced dwelling sizes are permitted must be identified on development plans and any record plat. (Proffered Condition 11 and Exhibit A) Landfill Ownership: Phasing: Proffered Condition 14 requires the permitted and non-permitted landfill areas to be privately owned and not owned by a homeowners association. Staff agrees that the homeowners association should not own the landfill. In addition, the proffer prohibits any portion of a recorded lot to include areas of permitted and non-permitted land fill activities. To address concerns of area citizens, Proffered Condition 15 requires phasing of lot recordation. Street Connectivity: An exception to the Residential Subdivision Connectivity Policy is requested to preclude any road connection to Belcherwood Road (Proffered Condition 16). In addition to promoting fire and emergency services safety, subdivision road connections provide interconnectivity between residential developments, thereby reducing congestion along collector and arterial roads and providing a convenient and safe access to neighboring properties SN0340-SEP24-BOS-RPT

21 Open Space: An emergency access is proposed at Belcherwood Road (Proffered Condition 16). An emergency access does not promote interconnectivity between residential developments as the Policy suggests nor does it address health and safety concerns of the Fire Department. The Policy allows the Board, through the Commission s recommendation, to waive the requirement for streets in new subdivisions to connect to adjacent public streets that are designed as local streets, residential collectors and thoroughfare streets. Staff must evaluate this waiver based upon three (3) criteria: (1) there must be a sufficient number of other stub streets to adequately disperse traffic and not cause a concentrated use of any one (1) stub street; or (2) the connection to a particular stub will cause concentrated traffic at that location; (3) the projected traffic volume on any one (1) local street within an existing subdivision exceeds 1,500 vehicle trips per day. Without additional design information relative to road layout, staff cannot determine if the criteria for granting such a waiver can be met. Therefore, it is recommended that this waiver not be granted at this time and that consideration of this waiver be evaluated during the plans review process when more detail is available. Open space, exclusive of landfill areas, would be preserved. (Proffered Condition 22) Restrictive Covenants: Proffered Condition 23 requires restrictive covenants to be recorded with the recordation of any subdivision plat for the request property. It is important to note that the County only ensures that the covenants are recorded and is not responsible for enforcement of the covenants. Once the covenants are recorded, they may be changed. CONCLUSIONS While the request is for R-12 zoning rather than for R-88 zoning as suggested appropriate by the Southern and Western Area Plan due to certain circumstances in this case such as the provisions of public sewer and the adjacent land use patterns, it is appropriate to deviate from the recommendations of the Plan to allow a higher density on the western portion of the request property with 0.5 units per acre maintained on the eastern portion of the property. As noted herein, approximately thirty-three (33) acres of the request property has been utilized for permitted and non-permitted landfill activities. To address staff s concerns regarding residential development in proximity to these landfilled areas, proffered conditions require field location and permanent identification of these areas, require ownership other than by a homeowners association for these areas, establish setbacks for dwellings and precludes any residential lots to include any landfilled areas. In addition, all density calculations will be made exclusive of any areas or permitted and non-permitted landfill activity SN0340-SEP24-BOS-RPT

22 Further, 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 Throughfare Plan and the Capital Improvement Program, and the impact of this development is discussed herein. The applicant has addressed the impacts, thereby insuring adequate service levels are maintained and protection the health, safety and welfare of County citizens. Given the above considerations, staff recommends approval of the rezoning (Request I). Staff recommends denial of the waiver to street connectivity requirements (Request II). No justification for granting this waiver has been provided with this request. In addition, the evaluation of the Policy criteria for granting such relief necessitates design details that can best be performed through the subdivision review process. CASE HISTORY Planning Commission Meeting (9/18/07): At the request of the applicant, the Commission deferred this case to November 20, 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, public hearing. Also, the applicant was advised that a $ deferral fee must be paid prior to the Commission s hearing. Applicant (10/12/07): The deferral fee was paid. Applicant (10/26/07): An additional Exhibit was submitted. Applicant (10/29/07): A waiver to sheet connectivity requirements was requested SN0340-SEP24-BOS-RPT

23 Applicant (11/2/07): Revised and additional proffered conditions were submitted. Planning Commission Meeting (11/20/07): At the request of the applicant, the Commission deferred this case to their regular scheduled meeting in February, Staff (11/21/07): The applicant was advised in writing that any significant new or revised information should be submitted no later than December 10, 2007, for consideration at the Commission s February, 2008 public hearing. Also, the applicant was advised that a $ deferral fee must be paid prior to the Commission s hearing. Staff (1/10/08): To date no new or revised information has been received, nor has the deferral fee been paid. Applicant (2/13/08): The deferral fee was paid. Planning Commission Meeting (2/17/08): At the request of the applicant, the Commission deferred this case to their June 17, 2008 public hearing. Staff (2/18/08): The applicant was advised in writing that any significant new or revised information should be submitted no later than April 7, 2008, for consideration at the Commission s June 17, 2008 public hearing SN0340-SEP24-BOS-RPT

24 Also, the applicant was advised that a $ deferral fee must be paid prior to the Commission s hearing. Applicant and Staff (2/22/08): Draft revisions to proffered conditions and exhibits were submitted and continue to be discussed for further revision. Planning Commission Meeting (6/17/08): At the request of the applicant, the Commission deferred this case to their August 19, 2008 public hearing. Staff (6/18/08): The applicant was advised in writing that any significant new or revised information should be submitted no later that June 23, 2008, for consideration at the Commission s August 19, 2008 public hearing. Also the applicant was advised that a $ deferral fee must be paid prior to the Commission s hearing. Applicant (7/16/08 and 8/7/08): Revised and additional proffered conditions and a revised exhibit were submitted. The deferral fee has not been paid. Applicant (8/12/08): Revised and additional proffered conditions were submitted. Applicant (8/19/08): The deferral fee was paid SN0340-SEP24-BOS-RPT

25 Planning Commission Meeting (8/19/08): The applicant accepted staff s recommendation, but did not accept the Commission s recommendation. There was opposition and support present. Those in opposition expressed concerns relative to the impact of the development on schools, public safety and roads, especially Battlecreek Drive. In addition, concerns were expressed relative to conformance with the Comprehensive Plan, a lack of similar restrictive covenants to that of the area developments; density; proximity; homes to landfill areas; litter; dwelling sizes; quality of life; and property values. Those in support noted that the extension of Battlecreek Drive is recommended on the Thoroughfare Plan and that the existing road was designed and built to accommodate a safe extension which would provide relief on other area roads. In addition, it was noted that the proposal complies with the Comprehensive Plan and addresses the impacts on capital facilities. Mr. Bass expressed concerns relative to the proximity of dwellings to the landfilled area; overcrowded schools; and increased traffic. He indicated, given existing infrastructure, he could not support the case. Dr. Brown acknowledged competing interests between rights of property owner to develop property and the impact on an existing inadequate road system. Mr. Waller noted that the extension of Battlecreek Drive has been planned since 1989 and infrastructure is needed as growth occurs. Mr. Hassen expressed concerns relative to the potential for dwellings to be proximate to the landfill and the impact of cut-thru traffic. Mr. Gulley stated concerns relative to the potential for residential development adjacent to a landfill, especially since certain landfilled areas had not been located and added that development may be appropriate when infrastructure can meet the needs of additional growth. On a motion of Mr. Bass, seconded by Mr. Hassen, the Commission recommended denial. AYES: Messrs. Gulley, Bass and Hassen. NAYS: Messrs. Brown and Waller. On a motion of Mr. Bass, seconded by Mr. Hassen, the Commission recommended denial of the waiver to street connectivity requirements for Belcherwood Road. AYES: Messrs. Gulley, Bass and Hassen. NAYS: Messrs. Brown and Waller SN0340-SEP24-BOS-RPT

26 The Board of Supervisors, on Wednesday, September 24, 2008, beginning at 6:30 p.m., will take under consideration this request SN0340-SEP24-BOS-RPT

27 N BA Y ER O ZC C AM BAILEY BRIDGE MS IN G R-9 PAT T HC LN MANCHESTER HS R-12 M ZC D M ID GE LOW W OA O AK CT KD R DR Cr ee k M R-25 C ZC T CT W L LO IL QUAL E CT DR C G FE L LO WD R BAT TLE CR EEK AR SU G DR A DR DE H IL L R-12 BA H ID IL E H ID YO AK ZC A ST BR TR YM BA DR H O ZC LLO Y T NN E NN IN PO LC R RD H OL DR PE T CT SUN SE T POIN CT EL EK MEWS LON H OL R-12 E GF HIL LC RE HIL DR LOW R-15 IS C ID N O AK IN G S NR PO BAYHILL POINTE DE DR RN TU S PR SU EK CIR EEK ER I EL AL O FF BU A LO HIL LC RE PL R-12 NI CK LS CT BU FF T A M LO N HI LL KA OL BAY KN L GO TE GA Sw ift IN BAY KNOLLS TRL DR ZC ICKEL R-12 PO PL A D R I DG BR PL EL IN T ER CK T GC FF NI D IN BU O AL EK C T M M ZC L AN ZC CRE AY HILL W Y LE H IL L R-25 R-12 BAY CT ZC TER OLL S BAY KN AI H IL LP L AL O N B U FF B C ER IKA A IKA A M ER M M LA R D R-12 N BAY DR LK WA SC HO OL A CAMERO EDAR S PRINGS RD IL LA GE R-9 CAMERON BAY M DE C N ZC NE ST CT TR DR RD SP / CA DA CT 0 A E CT PLANTATION ESTATES MI 1,200 C RAE N WING CT US A LL HO US E CT M RAE N WING DR Feet CANDLELAM P LN BENDIN G OAK DR 600 HO DR OLD CHE STNUT DR ES R-7 1,200 NG MIL LHO USE ZC SINGER RD C RI ZC 07SN0340 A Rez: A TO R-12 MORL EY RD OU S E WA Y Aerial photos taken in 2007 S QUALLA R D RD SE ND DR AIL CO E SPRIN GH BELCH ERWO OD DEERPARK CT T FA LL SP RINGHOUSE LC LL CREST WAY E DR H IL WAT ERFA POCAHONTAS STATE PARK RD RN WAT ER SLEEPY HOLLOW CO REEDY MILL R-15 DA DR R-15 ESCA CLOER HILL FARMS L AL RW OO D E TA RF CT SPR INGH OUS E AT W ZC E BELC HE A