ADDENDUM 14SN0504. Glen Abbey Partners LLC

Transcription

1 CASE MANAGER: Darla Orr April 23, 2014 BS ADDENDUM 14SN0504 Glen Abbey Partners LLC Matoaca Magisterial District Woolridge Elementary, Tomahawk Creek Middle and Cosby High Schools Attendance Zones North line of Woolridge Road 6100 Woolridge Road REQUEST: Rezoning from Agricultural (A) to Residential (R-12) with conditional use planned development to permit exceptions to ordinance requirements. PROPOSED LAND USE: A single-family residential subdivision with a maximum density of two (2) dwelling units per acre, yielding approximately fifty-one (51) dwelling units, is planned. (Proffered Condition 3) The purpose of this Addendum is to provide revised comments from Schools. Schools revised their comments for this case to include projected membership and capacity trends. Staff continues to recommend approval, as outlined in the Request Analysis. Providing a FIRST CHOICE community through excellence in public service

2 Schools: Residential Yield: 51 School Name Student Yield From Residential Development * Membership, Functional Capacity, % of Capacity, No. of Trailers ** Elementary: Woolridge % 3 Middle: Tomahawk Creek 6 1,294 1,366 95% 1 High: Cosby 8 2,025 1, % 9 Total 25 Projected Membership and Capacity Trends Over Time *** School Name Projected Membership, % of Capacity, Projected Membership, % of Capacity, Projected Membership, % of Capacity, Elementary: Woolridge % % % Middle: Tomahawk Creek 1,340 98% 1, % 1, % High: Cosby 1, % 2, % 2, % NOTE: * The Student Yield is based on the FY2014 Cash Proffer Methodology as provided by the Chesterfield County Finance Department. NOTE: ** If a school is less than 90% of capacity and has trailers, those trailers are not identified in the staff report. Student Membership is based on membership as of School Capacity is based on the Space Utilization Study. *** DISCLAIMER: Please note that Projected Membership AND Functional Capacity are updated on an ANNUAL BASIS and are based on the September 30 membership for a given year and the Space Utilization Study Report which is conducted every year. The Space Utilization Study is a report that is conducted annually whereby Planning staff conducts a site visit of every school in the county and the Principal reviews his or her floor plan and identifies the use of every classroom. From that information a report is prepared that calculates the Functional Capacity of that school. The school system needs to know how each of their facilities is utilized for funding and space allocation purposes. Again, it is important to note that these numbers change every year. After review of this request, the proposed rezoning case will have a significant impact on the aforementioned schools especially at the elementary and high school levels. Cosby High School is operating near the over capacity threshold of 120 percent with its percentage of capacity currently at 116 percent. Over time this case, combined with other tentative residential developments, infill developments and other zoning cases in the area, will continue to push these 2 14SN APR23-BOS-ADD

3 schools over capacity necessitating some form of relief in the future. Therefore, the aforementioned units should be subject to full cash proffers in order to mitigate the impact that this proposed development would have on schools. The applicant has offered measures to address the impact of the development on school facilities. (Proffered Condition 5) The projected student membership and capacity trends at this time indicate that there will be an overall increase in membership at the secondary level by Staff continues to monitor student membership on a regular basis in these districts and membership projections are analyzed and updated annually. 3 14SN APR23-BOS-ADD

4 CASE MANAGER: Darla Orr BS Time Remaining: 365 days STAFF S REQUEST ANALYSIS AND RECOMMENDATION 14SN0504 Glen Abbey Partners LLC December 17, 2013 CPC January 21, 2014 CPC January 23, 2014 CPC March 18, 2014 CPC April 23, 2014 BS Matoaca Magisterial District Woolridge Elementary, Tomahawk Creek Middle and Cosby High Schools Attendance Zones North line of Woolridge Road 6100 Woolridge Road REQUEST: Rezoning from Agricultural (A) to Residential (R-12) with conditional use planned development to permit exceptions to ordinance requirements. PROPOSED LAND USE: A single-family residential subdivision with a maximum density of two (2) dwelling units per acre, yielding approximately fifty-one (51) dwelling units, is planned. (Proffered Condition 3) PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 6. Recommend approval for the following reasons: STAFF RECOMMENDATION A. The proposed zoning and land use comply with the Comprehensive Plan, which suggests the property is appropriate for Suburban Residential I (maximum of 2.0 dwellings per acre). B. The proffered conditions adequately address the impacts of this development on necessary capital facilities thereby ensuring adequate service levels are maintained to protect the health, safety and welfare of County citizens. Providing a FIRST CHOICE community through excellence in public service

5 (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS. CONDITION(S) NOTED STAFF/CPC WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION.) PROFFERED CONDITIONS (STAFF/CPC) 1. Master Plan. The Textual Statement dated February 28, 2014 shall be considered the Master Plan. (P) (STAFF/CPC) 2. Buffers. All required buffers shall be located within recorded open space. (P) (STAFF/CPC) 3. Density. The maximum density of this development shall not exceed two (2) dwelling units per acre. (P) (STAFF/CPC) 4. Architectural/Design Elements. A. Sidewalks/Driveways 1. Sidewalks: Sidewalks shall be provided on both sides of all public streets of general circulation where houses are fronting. 2. Driveways: All private driveways serving residential uses shall be hardscaped. 3. Front Walks: A minimum of a four (4) foot wide hardscaped front walk shall be provided to each dwelling unit. B. Landscaping and Yards 1. Street Trees: Street trees shall be planted or retained along both sides of all streets that provide general circulation. 2. Supplemental Trees: Prior to the issuance of a Certificate of Occupancy for each dwelling unit, a minimum of one (1) flowering tree shall be planted in each front yard. At the time of planting, these supplemental trees shall have a minimum caliper of 2 measured at breast height (4-10 above ground). 3. Front Yards: Except for the foundation planting bed, all front yards shall be sodded and irrigated. 2 14SN APR23-BOS-RPT

6 4. Front Foundation Planting Beds: Foundation planting is required along the entire front façade of all dwelling units, and shall extend along all sides facing a street. Foundation Planting Beds shall be a minimum of 4 wide from the unit foundation. Planting beds shall include medium shrubs spaced a maximum of four (4) feet apart. Unit corners shall be visually softened with vertical accent shrubs (4-5 ) or small evergreen trees (6-8 ) at the time of planting. C. Architecture and Materials 1. Style and Form: The architectural styles shall be interpretations of traditional Richmond architecture, using forms and elements compatible with those in the adjacent FoxCreek Subdivision such as Georgian, Adam, Classical Revival Colonial, Greek Revival, Queen Anne, and Craftsman Styles. 2. Repetition: Dwellings with the same elevations may not be located adjacent to, directly across from, or diagonally across from each other on the same street. This requirement does not apply to units on different streets backing up to each other. 3. Foundations: The exposed portion of any foundation shall be brick or stone. Synthetic or natural stucco foundations may be permitted for facades constructed entirely of stucco. Rear walkout basement walls may be sided or cast concrete painted to match house. 4. Exterior Facades: Acceptable siding materials include brick, stone, masonry, stucco synthetic stucco (E.I.F.S), and approved horizontal lap siding. Horizontal lap siding may be manufactured from natural wood or cement fiber board or may be premium quality vinyl siding. Plywood and metal siding are not permitted. Additional siding requirements: a. Where a dwelling borders more than one street, all street-facing facades shall be finished in the same materials. 3 14SN APR23-BOS-RPT

7 (STAFF/CPC) 5. Cash Proffer. b. Cementitious and vinyl siding is permitted in traditional wide beaded styles only, unless otherwise approved by the Architectural Board for special design conditions. Premium quality vinyl is defined as vinyl siding with a minimum wall thickness of.044. c. Synthetic Stucco (E.I.F.S.) siding shall be finished in smooth, sand or level texture. Rough textures are not permitted. D. Roof Material: Roofing material shall be dimensional architectural shingles or better with a minimum 30 year warranty. E. Porches, Stoops and Decks Front Porches: All front entry stoops and front porches shall be constructed with continuous masonry foundation wall or on 12 x12 masonry piers. Extended front porches shall be a minimum of five (5) deep. Space between piers under porches shall be enclosed with framed lattice panels. Handrails and railings shall be finished painted wood or metal railing with vertical pickets or swan balusters. Pickets shall be supported on top and bottom rails that span between columns. F. Front Porch Flooring: Porch flooring may be concrete, exposed aggregate concrete, or a finished paving material such as stone, tile or brick, finished (stained dark) wood, or properly trimmed composite decking boards. Unfinished treated wood decking is not acceptable. All front steps shall be masonry to match the foundation. (P) A. For each dwelling unit, the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit for infrastructure improvements within the service district for the property; provided however that for the period through June 30, 2017, the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, immediately after completion of the final inspection: 4 14SN APR23-BOS-RPT

8 1. $18, per dwelling unit, if paid prior to July 1, 2017; or 2. If paid after June 30, 2017, and before July 1, 2018, $18, per dwelling unit, adjusted for the four year cumulative change in the Marshall and Swift Building Cost Index between July 1 of the fiscal year in which the case was approved and July 1 four years later. Thereafter, the per dwelling unit cash proffer amount shall be automatically adjusted, annually, by the annual change in the Marshall and Swift Building Cost Index on July 1 of each year. 3. In the event the cash payment is not used for which proffered within 15 years of receipt the cash shall be returned in full to the payer. 4. 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 to be in addition to any impact fees in a manner determined by the County. B. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. (B&M) (STAFF/CPC) 6. Timbering. Timber management, for the purpose of enhancing the health and viability of the forest, shall occur under the supervision of a qualified forester, and will only be allowed upon the submission and approval of the appropriate forest management plan to include, but not limited to, erosion control, Chesapeake Bay Act/Wetland Restrictions and the issuance of a land disturbance permit by the Environmental Engineering Department. Any other timbering shall be incorporated into the site development erosion and sediment control plan/narrative as the initial phase of infrastructure construction and will not commence until the issuance of the actual site development land disturbance permit. (EE) (STAFF/CPC) 7. Swift Creek Watershed Protection. The developer shall leave in place temporary sediment control devices and/or construct new BMP s or combinations of BMP s, which would achieve a maximum phosphorous runoff limit from the property of 0.22 pounds per acre per year. (EE) 5 14SN APR23-BOS-RPT

9 (STAFF/CPC) 8. Access. There shall be no direct vehicular access from the property to Woolridge Road. (T) (STAFF/CPC) 9. Right of Way Dedication. In conjunction with the recordation of the initial subdivision plat, prior to any site plan approval, or within ninety (90) days of a request by the Transportation Department, whichever occurs first, the developer shall dedicate, free and unrestricted to and for the benefit of Chesterfield County, right of way and easements on the property as shown on the Woolridge Road and Otterdale Road Improvements, prepared by Timmons Group, dated 8/21/13. (T) (STAFF/CPC) 10. Road Improvements. In conjunction with development of the initial section, the developer shall be responsible for widening/improving the north side of Woolridge Road to an eleven (11) foot wide travel lane, measured from the existing centerline of each road, with an additional one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved shoulder, and overlaying the full width of the roads with one and a half (1.5) inch of compacted bituminous asphalt concrete, with any modifications approved by the Transportation Department, for the entire property frontage. (T) (STAFF/CPC) 11. As shown in the Natural Resources Inventory (NRI), the large area of wetlands on the northern side of the property which projects into existing limits of Wynwood Phase I, shall be impacted only to the extent necessary to provide for infrastructure and shall be protected by its placement within common open areas. (EE) (STAFF/CPC) 12. The public water and wastewater systems shall be used. (U) Location: GENERAL INFORMATION The request property fronts the north line of Woolridge Road, west of Swift Fox Drive. Tax ID Existing Zoning: Size: A 25.7 acres 6 14SN APR23-BOS-RPT

10 Existing Land Use: Single-family residential or vacant Adjacent Zoning and Land Use: North, East and West R-15 with CUPD; Single-family residential or vacant South A; Single-family residential or vacant Public Water System: UTILITIES The request site is located within the Clover Hill water pressure zone. There is a sixteen (16) inch water line located along the south side of Woolridge Road. The applicant has proffered the use of the public water system. (Proffered Condition 12) Public Wastewater System: The request site is located within the Upper Swift Creek service area. There is a twelve (12) inch wastewater line currently terminating approximately 400 feet northwest of the request site. The applicant has proffered the use of the public wastewater system. (Proffered Condition 12) ENVIRONMENTAL The Zoning Ordinance requires a Natural Resource Inventory (NRI) to be submitted to the Environmental Engineering Department for zoning applications within the Upper Swift Creek Watershed. The NRI for the current proposal was submitted by the applicants. Proffered Condition 11 would require the large area of wetlands identified in the NRI along the northern side of the request property to be protected within common open space. The original Wynwood, Phases 1 and 2, on adjacent property, because of its vested status is only required to meet the 0.45 standard for Water Quality Compliance by virtue of onsite BMPs. That vesting would not apply to this property. Therefore, the Swift Creek Water Quality Regulation would require that the full 0.22 standard be achieved through onsite BMPs. The original Wynwood preliminary Water Quality Compliance Plans have made no provision for Water Quality Compliance of this property. In conjunction with the tentative plat submittal there must be a preliminary Water Quality Compliance Plan which demonstrates the feasibility for the 0.22 Water Quality Standard to be achieved by this project. (Proffered Condition 7) Since zoning of this property will have occurred after July 1, 2012, the applicant has until June 30, 2014 to get a DCR construction general permit or the project will be subject to the locally delegated new VSMP regulations that come into effect on July 1, At that time, the State mandated minimum compliance standard will be 0.41, which must be achieved by utilization of 7 14SN APR23-BOS-RPT

11 the runoff reduction method spreadsheet. It is our understanding that this spreadsheet can be altered so that compliance with the required 0.22 standard can also be demonstrated but the spreadsheet will require a considerably increased level of BMP utilization over the 0.41 requirement. In addition, employment of the Notice of Compliance BMP, which is utilized on original Wynwood will not be available for this project because it is not listed on the Virginia BMP Clearinghouse website which provides for the only BMPs that are allowed to be utilized per the VSMP regulations. The property is forested. The standard timbering proffer has been offered to ensure the appropriate erosion control devices are in place prior to any land disturbance. (Proffered Condition 6) 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 Service: The Public Facilities Plan, part of the Comprehensive Plan, indicates that fire and emergency medical service (EMS) calls increased by forty-four (44) percent from 2001 to 2011, significantly faster than the County s population increase of seventeen (17) percent. Of the total incidents in 2011, nearly seventy-six (76) percent were medical emergencies and twenty-four (24) percent were fire-related. It is expected with the general aging of the population that medical emergency incidents will increase faster than the rate of population growth over time. Five (5) new fire/rescue stations are recommended for construction by 2022 in the Plan. In addition to the five (5) new stations, the Plan also recommends the replacement/revitalization of four (4) existing stations. Based on fifty-one (51) dwelling units, this request will generate approximately five (5) calls for fire and EMS each year. The applicant has addressed the impact on fire and EMS. (Proffered Condition 5) The Clover Hill Fire Station, Company Number 7, and Manchester Volunteer Rescue Squad currently provide fire protection and EMS. 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. 8 14SN APR23-BOS-RPT

12 Schools: Residential Yield: 51 School Name Student Yield From Residential Development * Membership Functional Capacity % of Capacity No. of Trailers ** Elementary: Woolridge % 3 Middle: Tomahawk Creek 6 1,294 1,366 95% 1 High: Cosby 8 2,025 1, % 9 Total 25 NOTE: * The Student Yield is based on the FY2014 Cash Proffer Methodology as provided by the Chesterfield County Finance Department. NOTE: ** If a school is less than 90% of capacity and has trailers, those trailers are not identified in the staff report. Student Membership is based on membership as of School Capacity is based on the Space Utilization Study. Libraries: After review of this request, the proposed rezoning case will have a significant impact on the aforementioned schools especially at the elementary and high school levels. Cosby High School is operating near the over capacity threshold of 120 percent with its percentage of capacity at 116 percent. Over time this case, combined with other tentative residential developments, infill developments and other 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 address the impact of the development on school facilities. (Proffered Condition 5) Development in this area of the County would impact the Clover Hill Library or one (1) of the two (2) proposed new libraries. The Public Facilities Plan identifies a need to expand or replace the existing Clover Hill Library and to construct two (2) new libraries. One (1) new library is proposed in the Otterdale-Hull Street Road vicinity and one (1) is 9 14SN APR23-BOS-RPT

13 proposed for the Otterdale-Genito Road vicinity. The applicant has offered measures to address the impact of this development on libraries. (Proffered Condition 5) Parks and Recreation: The Public Facilities Plan identifies the need for three (3) regional parks totaling 600 acres, ten (10) community parks totaling 790 acres, nine (9) neighborhood parks totaling 180 acres, and three (3) water-based special purpose parks. The Plan also identifies the need for urban parks within mixed use developments to compliment and provide linkages to the County s park system. The Plan identifies the need for linear parks and trails and resource-based special purpose parks (historical, cultural and environmental) and makes suggestions for their locations. The Plan also addresses the need to expand existing park sites to meet level of service standards. The Plan also identifies the need to improve access to blueways through the acquisition of easements and properties. Co-location with schools and other compatible public facilities is desired. The applicant has offered measures to address the impact of this development on Parks and Recreation facilities (Proffered Condition 5). In addition, pedestrian connections between the request property and the adjacent Wynwood development will facilitate connectivity with the planned trails within that development along the Blackman Creek and Deep Creek stream corridors. County Department of Transportation: The property (25.7 acres) is currently zoned Agricultural (A), and the applicant is requesting rezoning to Residential (R-12). The applicant has proffered a maximum density of 2.0 dwelling units per acre, which allows fifty-one (51) units to be developed on the property (Proffered Condition 3). Based on single-family trip rates, development could generate approximately 565 average daily trips. These vehicles will be initially distributed along Woolridge Road, which had a 2014 traffic count of 2,115 vehicles per day. This section of Woolridge Road has an acceptable level of service (Level of Service C) for the volume of traffic it carries. The Thoroughfare Plan identifies Wooldridge Road as a major arterial with a recommended right-of-way width of ninety (90) feet. As part of developing a large mixed-use project (Magnolia Green), located to the west of the property, a Community Development Authority (CDA) was established for the 4-lane widening of Otterdale Road from Hull Street Road (Route 360) to Woolridge Road and Woolridge Road from Otterdale Road to the Swift Creek Reservoir. Construction plans for those improvements are nearly complete. The applicant has proffered to dedicate right-of-way and easements as shown on those construction plans. (Proffered Condition 9) If development of the property occurs prior to the CDA project, the developer will be required to widen/improve the north side of Woolridge 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) 10 14SN APR23-BOS-RPT

14 Access to major arterials, such as Woolridge Road, should be controlled. The applicant has proffered that no direct vehicular access will be provided from the property to Woolridge Road (Proffered Condition 8). Access for development of the property will be provided through streets within the adjacent subdivision, Wynwood. The traffic impact of this development must be addressed. Area roads need to be improved to address safety and accommodate the increase in traffic generated by this development. The applicant has proffered to contribute cash, in an amount consistent with the Board of Supervisors Policy, towards mitigating the traffic impact of the development (Proffered Condition 5). 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. Virginia Department of Transportation (VDOT): To date, no comments have been received. Financial Impact on Capital Facilities: Per Dwelling Unit Potential Number of New Dwelling Units Population Increase Number of New Students Elementary Middle High Total Net Cost For Schools $ 481,695 $ 9,445 Net Cost for Parks $ 63,597 $ 1,247 Net Cost for Libraries $ 16,473 $ 323 Net Cost For Fire Stations $ 36,159 $ 709 Average Net Cost Roads $ 408,969 $ 8,019 Total Net Cost $ 1,006,893 $ 19,743 *Based on the maximum density of two (2) dwelling units per acre. (Proffered Condition 3) 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 $19,743 per unit. The applicant has requested a rezoning from A to R-12 with a maximum density of two (2) dwelling units per acre, which would yield approximately fifty-one (51) dwelling units. To address the impact of this development on capital facilities, the applicant has proffered $18, SN APR23-BOS-RPT

15 per dwelling unit which is the maximum cash proffer in place. The proffer also includes language that would freeze the $18,966 contribution for a period of four (4) years after which it would be escalated by the cumulative change in the Marshall and Swift Building Code Index, a provision recently adopted by the Board of Supervisors. 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 of $18,966 for each dwelling unit in this case. Comprehensive Plan: LAND USE The Comprehensive Plan suggests the property is appropriate for Suburban Residential I (maximum of 2.0 dwellings per acre). Area Development Trends: Site Design: Properties to the north, east and west are zoned Residential (R-15) with conditional use planned development and are occupied by single-family residential use within the Wynwood at FoxCreek development or are vacant. Properties to the south are zoned Agricultural (A) and are occupied by single-family residential use on acreage parcels or are vacant. It is anticipated that single-family residential development will continue in the area, as suggested by the Plan. The applicant plans to develop the request property for single-family residential homes on smaller clustered lots (as outlined in the proffered conditions and Textual Statement) in conjunction with the Wynwood at FoxCreek development which surrounds the property to the north, east and west (Proffered Condition 1 and Textual Statement Items I and II). The Wynwood development is planned for a mixture of residential uses, to include single-family, multifamily, cluster and townhome residential, commercial and recreational uses with a neo-traditional design which includes sidewalks, street trees, open spaces and alleys serving the rear of dwelling units. Exhibit A is a conceptual plan offered by the applicant to portray how the request property could be developed as part of the Wynwood development. Density, Residential Uses and Open Space: Proffered Condition 3 limits the density to a maximum of two (2) dwelling units per acre, yielding approximately fifty-one (51) dwelling units. Single-family residential uses on lots ranging in size from a minimum of 4,500 square feet to a maximum of 9,600 square feet in area are planned. These proposed lot sizes are smaller than the minimum 12,000 square feet of lot area required in the Zoning 12 14SN APR23-BOS-RPT

16 Ordinance for lots zoned Residential (R-12). The ordinance requires permanent open space in an amount equivalent to the area by which each lot is being reduced below 12,000 square feet to be provided as common area within the development. Minimum setbacks offered accommodate the proposed cluster design. (Textual Statement Item III.E.) Cluster Standards: The requirements offered for the proposed cluster development such as sidewalks, street trees and minimizing the impact of garage doors facing streets are consistent with those typically required by the Planning Commission and Board of Supervisors on projects where lot sizes are reduced below Residential (R-12) standards. The development standards offered are also consistent with those approved for the adjacent Wynwood development, except that the size of the focal point areas fails to meet the typical standard (0.75 acre) established for small lot developments (Proffered Condition 4.A. and B and Textual Statement Items III.C and D). In addition, Proffered Condition 2 would require any required buffers to be located in recorded open space. (Proffered Condition 2) Architectural Standards and Materials: Landscaping: The applicant has proffered the use of architectural standards which include compatibility with the adjacent FoxCreek development, the use of a variety of architectural styles, a prohibition on repetitive facades adjacent to each other, and treatment and materials for foundations, front porches and stoops, roofs and exterior facades. (Proffered Condition 4.C, D and E) Additional landscaping to include supplemental trees on individual lots, sodded front yards, and foundation planting beds is guaranteed. (Proffered Condition 4.B.2 4) Recreational Facilities: Passive and active recreational uses limited to facilities and uses that primarily serve the surrounding residential community would be permitted. Such uses include but are not limited to picnic areas, trails, sidewalks, ponds, swimming pools, tennis and basketball courts, playgrounds and clubhouses. The Textual Statement provides for setbacks, buffers and other restrictions to minimize the impact of such recreational uses on surrounding residential uses. (Textual Statement III.A) 13 14SN APR23-BOS-RPT

17 CONCLUSION The proposed zoning and land use complies with the Comprehensive Plan which suggests the property is appropriate for Suburban Residential I (maximum of 2.0 dwellings per acre). In addition, the proffered conditions adequately address the impacts of this development on necessary capital facilities thereby ensuring adequate service levels are maintained to protect the health, safety and welfare of County citizens. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (12/17/13): On their own motion, and with the applicant s consent, the Commission deferred this case to their January 21, 2014 public hearing. Staff (12/18/13): The applicant was advised in writing that any significant, new or revised information should be submitted no later than December 23, 2013 for consideration at the Commission s January 21, 2014 public hearing. Staff (1/8/14): No new or revised information has been received. Planning Commission Meeting (1/21/14): Due to inclement weather, the Planning Commission meeting was postponed to January 23, Planning Commission Meeting (1/23/14): On their own motion and with the applicant s consent, the Commission deferred this case to their March 18, 2014 public hearing. AYES: Messrs. Wallin, Patton, Brown and Waller. ABSENT: Mr. Gulley SN APR23-BOS-RPT

18 Staff (1/24/14): The applicant was advised in writing that any significant, new or revised information should be submitted no later than January 27, 2014 for consideration at the Commission s March 18, 2014 public hearing. Applicant (3/5 and 3/6/14): Revisions to the proffered conditions and Textual Statement were submitted. Planning Commission Meeting (3/18/14): The applicant s representative accepted the recommendation. There was no opposition present. Dr. Wallin indicated that this case fully addresses impacts of the proposed dwelling units on public facilities and includes provisions for a quality project. On motion of Dr. Wallin, seconded by Mr. Waller, the Commission recommended approval and acceptance of the proffered conditions on pages 2 through 6. AYES: Messrs. Wallin, Patton, Brown, Gulley and Waller. The Board of Supervisors, on Wednesday, April 23, 2014 beginning at 6:30 p.m., will take under consideration this request SN APR23-BOS-RPT

19 TEXTUAL STATEMENT STEWART TRACT Last Revised February 28, 2014 I. Rezone from A to R-12 for the uses permitted in R-12 District with a Conditional Use Planned Development ("CUPD") to permit use and ordinance requirement exceptions, as described herein, and as provided in the accompanying proffers. II. General Conditions A. Uses shall be limited to uses permitted by right or with restrictions in the R-12 District. The development shall have a cluster design which includes sidewalks, street trees, and open spaces. III. Requirements and Exceptions If any of the following facilities are to be provided they shall be identified on the overall conceptual subdivision plan and on the record plat for any lot adjacent to such facilities. A. Recreational Facilities. 1. Recreational facilities shall be permitted within the property. These uses shall be limited to facilities and uses that primarily serve the surrounding residential community and may include passive recreation (i.e. picnic areas, trails, paths, sidewalks, ponds, open space, and vistas) and may include active facilities (i.e. swimming pools, tennis courts, basketball courts, volleyball courts, playgrounds, and clubhouses). 2. Outside public address systems or speakers shall not be used between the hours of 11:00 p.m. and 8:00 a.m. and shall only be used in conjunction with a pool. 3. With the exception of playground areas which accommodate swings, jungle gyms or similar such facilities, outdoor play fields, courts, swimming pools and similar active recreational facilities shall be located a minimum of 50 feet from any proposed or existing single family residential lot line and a minimum of fifty (50) feet from any existing or proposed public road. Nothing herein shall prevent development of indoor facilities and/or parking within the 50 foot setback. Within the fifty (50) foot setbacks, a fifty (50) foot buffer shall be provided along the perimeter of all active recreational facilities except where adjacent to any existing or proposed public roads. These buffers shall conform to the requirements of the Zoning Ordinance for fifty (50) foot buffers. These buffers and setbacks may be modified by the Planning Commission at the time of plan review. 1

20 4. Any playground area (i.e., areas accommodating swings, jungle gyms or similar such facilities) shall be located a minimum of forty (40) feet from all property lines. A forty (40) foot buffer shall be provided along the perimeter of these recreational facilities except where adjacent to any existing or proposed public roads. These buffers shall conform to the requirements of the Zoning Ordinance for fifty (50) foot buffers. These setbacks and buffers may be modified by the Planning Commission at the time of plan review. B. Focal Point/Recreation Area. A minimum of 0.40 acres of open space/recreation area shall be provided within this property to provide focal points. Part of each focal point area shall be hardscaped and have benches and other amenities that accommodate and facilitate gatherings. A portion of the focal points may include areas devoted to best management/stormwater facilities. The focal points shall be developed concurrent with the phase of development that the focal point is intended to serve. C. Garages. Front loaded attached garages shall be permitted to extend as far forward from the front line of the main dwelling as the front line of the front porch provided that the rooflines of the porch and garage are contiguous. Where the rooflines are not contiguous, garages shall be permitted to project a maximum of two (2) feet forward of the front line of the main dwelling. D. Development shall conform to the following: (1) Principal Structures. (i) (ii) (iii) (iv) (v) (vi) (vii) Lot area and width. Each lot shall have an area of not less than 4,500 square feet and not more than 9,600 square feet and a lot width of not less than fifty (50) feet. Percentage of lot coverage. All buildings, including accessory buildings, on any lot shall not cover more than seventy (70) percent of the lot s area. Front yard. Minimum of ten (10) feet in depth. Minimum setbacks shall be increased where necessary to obtain the required lot width at the front building line. Side yard. Two (2) side yards, each a minimum of three (3) feet in width. Corner side yard. Minimum of fifteen (15) feet. Rear yard. Minimum of four (4) feet. Dwelling Size. The minimum gross floor area for each dwelling unit shall be 1,800 square feet for 2

21 one-story and 2,500 square feet for more than onestory. (2) Accessory Structures. Setbacks for accessory structures shall conform to the setback requirements for such structures in the R-12 District except as follows: (i) (ii) One (1) story accessory structures: The rear, side and corner side yard setbacks shall be half the required yards for principal structures defined above. More than one (1) story accessory structures: The rear, side and corner side yard setbacks shall be the required setbacks for principal structures defined above. 3

22 FO X R-15 HL I FO X GA TE R-12 X FO LN IA BR R LN FOX ZC FOX C LUB C T ES T CR FO X W OO Aerial photos taken in 2009 FOX HA AN G BR FOX HA V EN TE R CHA SE RD R RS G ID R L E CI CT WA L KE C T ES V N CR LN ST L CRE PL ER FOX X FO T ET ZC WA Y X HAV E N DS RE R-12 LU B FOX CLUB LN A FO XC CT C HANCOCKS QUARTER AT FOXCREEK FO XV AL EW AY TRAIL CT CT HO FO XV AL E RD ZC ATE XG FO F IF C PL C IN LILT Feet OO GE D I LR RD M B LU XC FO FOX E GAT CL 600 ER FOXCROFT H AT HE S 0 TT FOXFIRE DR V 300 ZC A OX W / R TE ZC R-15 WEXLEY AT FOXCREEK HT FIRE LIG HT PL ZC 14SN0504 Rez: A TO R-12R-12 w/c.u.p.d. A SK G LI IG H EL A DU C A TF WYNWOOD AT FOXCREEK L PL FIR IF SW C SS O HT IG ZC RIDE DR C V MA RS M E LN QUARTER HO RS ZC ZC R-15 PK W LI GH T ZC FOXFIELD 600 RE C T Y ZC C S FI TRA IL RI A MOS DE C T A B

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