99sn0115.pdfDecember 16, 1998 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
99SN0115
Gray Land and Development Company, LLC
Midlothian Magisterial District
Off the western terminus of Aylesford Drive
REOUEST: Rezoning from Agricultural (A) to Residential (R~25) with Conditional Use Planned
Development to permit use and bulk exceptions.
PROPOSED LAND USE:
A single family residential subdivision with a minimum lot size of 20,000 square
feet is planned. In addition, the applicant proposes marketing and/or sales centers,
model homes to be used as the prinmry real estate office for the company marketing
the subdivision, public and private profit-making clubs and golf courses and other
recreational facilities. The subject property is intended to be part of an overall
development located in both Chesterfield and Powhatan Counties. The applicant
also plans to develop approximately 470 adjacent acres in Powhatan County. The
property in Powhatan has recently received zoning.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 6.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
The proposed zoning and land use conforn~s to the Upper Swift Creek Plan which
suggests the property and surrounding area is appropriate for residential
development of one (1) dwelling unit per acre or less.
The proposed zoning and land use are representative of existing and anticipated
area residential development.
The requested use and bulk exceptions are intended to promote an integrated plan,
beneficial to the residents or occupants of the development.
The proffered conditions address the impact of this development on necessary
capital facilities, as outlined in the Zoning Ordinance and the Comprehensive Plan.
Specifically, the need for schools, parks, libraries and fire stations is identified in
the County's adopted Public Facilities Plan and FY 1999-2003 Capital
~ and the impact of this development is discussed herein. The
proffered conditions mitigate the impact on capital facilities, thereby insuring
adequate service levels are maintained and protecting the health, safety and welfare
of County citizens.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
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
The property owners and Applicants in tiffs rezoning case, pursuant to §15.2-2298 of the Code of
Virginia (1950 as amended) and the Ordinance, for themselves and their successors or assigns,
proffer that the property under consideration will be developed according to the proffers and
conditions contained in this application if, and only if, the rezonlng request and Conditional Use
Planned Development is granted. In the event the rezoning and Conditional Use Planned
Development request is denied or approved with conditions not agreed to by the Applicant, the
proffers and conditions shall inmaediately be null and void and of no further force or effect.
A. GENERAL
(STAFF/CPC) 1.
The Textual Statement, together with its exhibits, last revised 7
October 1998, shall be considered the master plan for the Property.
(STAFF/CPC) 2.
Golf Course facilities shall be designed to minimize the possibility
of balls in play entering public rights-of-way or adjacent properties.
The design shall preclude the use of physical barriers along the
public rights-of-way other than decorative fencing or walls,
topography, and/or landscaping. A plan for achieving this
requirement shall be submitted for approval in conjunction with site
and/or tentative plan review.
(STAFF/CPC) 3.
Development shall be phased to occur from the north (with access
through Powhatan County from Winterfield Road) and proceed to
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99SN0115/WP/DEC16J
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
5.
6.
7.
10.
11.
12.
the south. No areas shall be developed with sole access through
Chesterfield County.
The total number of dwelling units shall not exceed 158.
Lots abutting Rosemont shall be a minimum of 30,000 square feet.
The overall average lot size shall be 25,000 square feet.
The gross floor area of each dwelling unit on lots abutting
Rosemont shall have a minimum of two thousand five hundred
(2500) square feet.
The gross floor area of all other dwelling units in the Property shall
have a minimum of two thousand two hundred (2200) square feet.
All driveways on each individual subdivision lot shall be paved.
The exact pavement type, which may include asphalt, concrete,
aggregate materials, and/or brick, concrete, or stone pavers, shall
be approved by the Planning Department.
All exposed portions of the foundation of each dwelling shall be
covered with brick, stone, or drivit type materials.
Prior to or in conjunction with the recordation of the first plat,
covenants shall be recorded which state the following: "All
dwellings that provide a garage shall employ side or rear entry
garage designs except that front entry garage designs may be
permitted provided that garage doors are at least twenty (20) feet
behind the front facade of the house and that the garage doors are
screened from the street through the positioning of the driveway,
landscaping, and/or natural vegetation".
Any open basins required for water quantity or quality control
designed to serve the Property shall be landscaped or otherwise
improved so that the facilities become visual enhancements to and
amenities for the uses developed on the Property. At the time of
subdivision plan review, a plan depicting these requirements shall
be submitted to the Planning Department for review and approval.
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B. ENVIRONMENTAL ENGINEERING
(STAFF/CPC) 13.
Prior to the issuance of land disturbance permits, the Environmental
Engineering Department shall be provided with copies of
correspondence from applicable State and Federal agencies th order
that it may be corrfirmed that all permits regarding wetlands have
been received. A qualified wetlands expert may certify that
notification of applicable State and Federal agencies is not required.
(STAFF/CPC) 14.
Except for thnbering approved by the Virginia State Department of
Forestry for the purpose of removing dead or diseased trees, there
shall be no timbering on the Property until a land disturbance permit
has been obtained from the Environmental Engineering Department
and the approved devices installed.
(STAFF/CPC) 15.
In conjunction with submission of the site plan for the golf course,
a fertilization plan in keeping with normal turf management for golf
courses shall be submitted to the Chesterfield Extension Agent for
approval. Such plan shall provide for the minimum fertilization
necessary to achieve accepted turf maintenance and management.
Failure of the Extension Agent to approve or disapprove the plan
within sixty (60) days from its submittal shall be deemed approval
of the plan.
C. UTILITIES
(STAFF/CPC) 16.
Public water and sewer shall be utilized, except that wells and/or
bodies of water may be used for irrigation purposes only for open
space, park, and golf course areas.
D. TRANSPORTATION
(STAFF/CPC) 17.
In conjunction with the recordation of the initial subdivision plat, a
variable width road easement, with a maximum width of one
hundred fifty(150) feet and a minimum width of one hundred (100)
feet, from the Chesterfield County Line, generally extending along
the eastern property line, to the southern property line, shall be
granted and recorded to Chesterfield County (with the qualifications
described below). Within this easement, a fifty (50) foot wide right-
of-way for a residential street ("the Street") from the Chesterfield
County Line to the north/south collector (Otterdale Road Extended),
and a seventy (70) foot wide right-of-way for Otterdale Road
Extended from the Street to the southern property line shall be
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(STAFF/CPC) 18.
(STAFF/CPC) 19.
E. CASH PROFFERS
(STAFF/CPC) 20.
dedicated, free and unrestricted, to and for the benefit of
Chesterfield County. The exact width and location of the easement
and the exact location of the right-of-way shall be approved by the
Transportation Department. In conjunction with recordation of each
subdivision plat through which the easement extends or upon
request by the Transportation Department, whichever occurs first,
the rights-of-way as described above shall be dedicated and that
section of the applicable road easement shall be extinguished by the
terms of the easement grant.
The Developer shall be responsible tbr the construction of the
following: 1) two (2) lanes of Otterdale Road Extended between the
Street and the southern property line to VDOT Urban Collector
Standards (40 mph) with modifications approved by the
Transportation Department; and 2) the Street from the Chesterfield
County Line to Otterdale Road Extended. Prior to any road and
drainage plan approval, a phasing plan for construction of Otterdale
Road Extended and the Street shall be submitted to and approved by
the Transportation Department.
An additional front yard setback of a maximum of twenty-five (25)
feet and a minimum of ten (10) feet shall be provided on each lot
fronting the Street. At the time of tentative subdivision review, the
Transportation Department shall approve the exact width of this
additional setback. The approved setback shall be noted on each lot
recorded fronting the Street.
The applicant, subdivider, or assignee(s) shall pay the following to
the County of Chesterfield at the time of building permit application
for infrastructure improvements within the service district for the
property:
a) $6,200 per dwelling unit if paid prior to 1 July 1999; or
b)
The amount approved by the Board of Supervisors not to
exceed $6,200 per dwelling unit adjusted upward by any
increase in the Marshall and Swift Building Cost Index
between 1 July 1998 and 1 July of the fiscal year in which
the payment is made if paid after 30 June 1999.
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In the event the cash payment is not used for the purpose for which
proffered within 15 years of receipt, the cash shall be returned in
full to the payor.
Should Chesterfield County impose impact fees or other substitute
for proffers for schools, parks, roads, libraries, and/or fire stations
at any time during the life of the development, the amount paid in
cash proffers shall be in lieu of or credited toward any such
substitute fees at the determination of the County.
(STAFF/CPC)
21.
The minimum lot size shall be twenty thousand (20,000) square
feet.
(STAFF/CPC)
22. No certificates of occupancy shall be issued before 1 January 2001.
(STAFF/CPC) 23.
A maximum of one hundred (1130) certificates of occupancy shall be
issued prior to 30 June 2002.
(STAFF/CPC) 24.
No public access road from the Rosemont neighborhood to this
Development shall be permitted. However, this provision shall not
prohibit emergency access approved at the time of tentative plan
review.
F. SEVERANCE
(STAFF/CPC) 25.
The unenforceability, illegality, elimination, revision, or
amendment of any proffer set forth herein, in whole or in part, shall
not affect the validity or enforceability of the other proffers or the
unaffected part of any such proffer.
GENERAL INFORMATION
Location:
Lying offthe western terminus of AylesfordDrive. Tax ID 718-720-9903 (Sheet 1).
A
Size:
158.27 acres
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Existing Land Use:
Vacant
Adiacent Zoning & Land Use:
North - Powhatan County
South - A and R-25; Vacant
East - A, R-25 and R40; Single family residential and vacant
West - Powhatan County, A and A with Conditional Use; public/semi-public (wastewater
pump station) and vacant
Public Water System:
There is an existing eight (8) inch water line extending along Winterfield Road,
approximately 1,700 feet east of the request site. In addition, there is an existing eight (8)
inch water line along Aylesford Drive in Rosemont Subdivision, Section D, approximately
1,200 feet southeast of the request site. There is an existing sixteen (16) inch water line
extending along North Otterdale Road and terminating approximately 6,200 feet south of
the request site. Off-site development which could provide additional access to the public
water system include an eight (8) inch water line along Follensbee Drive in Rosemont
Subdivision, Section F, approximately 900 feet southeast of the request site. Rosemont
Subdivision, Section F is now under construction. Proposed with a later phase of
Rosemont Subdivision, Section F is a sixteen (16) inch water line along proposed Otterdale
Road Extended. This proposed portion of sixteen (16) inch water line would be
approximately 2,400 feet south of the request site. Use of the public water system has
been proffered. (Proffered Condition 16)
The on-site public water system layout must provide for that portion of the future East-
West water distribution main recommended by the Chesterfield County Water and
Wastewater Facilities Plan, dated September, 1992.
Public Wastewater System:
There is an existing thirty (30) inch wastewater trunk line extending along a portion of
Michaux Creek with an easement across the westernmost portion of the request site. The
request site lies within the drainage basin served by the Michaux Creek Wastewater Pump
Station, which is located adjacent to the western tip of the request site and the Chesterfield
County/Powhatan County line. Use of the public wastewater system has been proffered.
(Proffered Condition 16)
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The on-site wastewater collection system must be designed to accommodate gravity flow
to the Michaux Creek Wastewater Pumping Station. Provisions for permanent access for
operation and maintenance of the Michaux Creek Wastewater Pumping Station by
Chesterfield County Utility Department personnel must be provided by the
owner/developer.
EN MENT
Drainage and Erosion:
The site drains across the Powhatan County line via tributaries into Michaux Creek. There
are no existing on- or off-site drainage or erosion problems. Drainage or erosion problems
are not anticipated. The property has steep slopes and is heavily wooded. Proffered
Conditions 13 and 14 adequately address any concerns not covered by Ordinance.
Water Ouality:
Michaux Creek is a perennial stream and, as such, is subject to conservation areas for that
portion located in Chesterfield County (Powhatan County does not participate in the
Chesapeake Bay Preservation Program).
The developer has agreed that a pest management and fertilization plan for that portion of
the golf course located in Chesterfield County will be submitted to the Chesterfield
Extension Agent for approval.
If the pond located in Powhatan County is to be used as a BMP for the property in
Chesterfield County, normal procedures for design, review, construction, easement
recordation, and facility access will need to be followed.
The applicant has agreed that any facilities for water quantity or quality control would be
landscaped or improved so as to become visual enhancements and amenities to any
development on the property. (Proffered Condition 12)
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
~, the Thoroughfare Plan and the FY 1999-2003 Capital Improvement Program. This
development will have an impact on these facilities.
Fire Service:
The Public Facilities Plan indicates that Emergency Services calls are expected to increase
forty-five (45) percent by the year 2015. Eight (8) new fire/rescue stations are
99SN0115/WP/DEC16J
recommended for construction by the year 2015 in the~. This property
is currently served by the Midlothian Fire/Rescue Station, Company Number 5 and Forest
View Rescue Squad.
When the property is developed, the number of hydrants and quantity of water needed for
fire protection will be evaluated during the plans review process. Also, the need for
ingress/egress for emergency equipment will be determined during the review of the
aforementioned plans. Considering the number of dwelling units in this development, a
second means of ingress/egress must be provided as required by the Subdivision
Ordinance. This second entrance will allow emergency personnel access to the subdivision
should the main entrance become blocked. Until a permanent second access is obtained,
it has been generally agreed a temporary access for emergency vehicles may be provided
via the access easement from St. Stephen's Way which currently serves the wastewater
pump station (Proffered Condition 24). This will be addressed in more detail at the time
of tentative subdivision review and approval.
Based on one hundred and fifty-eight (158) residential lots, this request will generate
approximately twenty-eight (28) emergency calls for fire and rescue services per year. The
applicant has offered measures to assist in addressing the impact of this development on
these facilities. (Proffered Condition 20)
Schools:
Approximately ninety (90) school age children will be generated by this development. The
site lies in the Weaver Elementary School attendance zone: capacity - 775, enrollment -
724; Midlothian Middle School zone: capacity ~ 1,350, enrollment - 1,329; and
Midlothian High School zone: capacity - 1,800, enrollment - 1,277.
This development will bring the elementary and middle schools to capacity. The applicant
has agreed to participate in the cost of providing for area school needs. (Proffered
Condition 20)
Libraries:
The proposed development will affect the Midlothian and Bon Air Libraries. The Public
Facilities Plan (1995) projects a need for additional library space in both of these service
areas. The applicant has offered measures to assist in addressing the impact of this
development on these facilities. (Proffered Condition 20)
Parks and Recreation:
The Public Facilities Plan identifies the need for two (2) new regional parks. In addition,
there is currently a shortage of community park acreage in the northern area of the County.
9 99SN0115/WP/DEC16J
The Public Facilities Plan identifies a need for 120 acres of community park space by
2015. The applicant has offered measures to assist in addressing the impact of this
development on these facilities. (Proffered Condition 20)
Transportation:
This proposed 625 acre development is located both in Chesterfield County (158 acres) and
Powhatan County (467 acres). This overall project is planned to include 408 dwelling
units, a Virginia State Golf Association Headquarters with a golf museum and training
facility, twenty-seven (27) holes of golf, a daycare facility and approximately 200,000
square feet of office space. This planned development could generate approximately 6,600
average daily trips.
The applicant intends to develop this overall project in phases; the initial phase is proposed
to occur in Powhatan County with access to Winterfield Road. To ensure that development
would not occur in Chesterfield County with initial access via Otterdale Road Extended,
the applicant has proffered that none of the property will be developed with sole access
through Chesterfield County. (Proffered Condition 3)
The applicant has proffered a maximum density in Chesterfield County of 158 dwelling
units (Proffered Condition 4). Part of the golf course will also be developed in the
County. Based on single family trip rates, the residential development in the County could
generate approximately 1,580 average daily trips. These vehicles will be distributed along
Winterfield Road which had a 1997 traffic count of 2,159 vehicles per day.
The Illgtr~Ighfag2.2~ identifies a north/south collector (Otterdale Road Extended), with
a recommended right of way width of seventy (70) feet, extending through the property in
the County. Powhatan County has not required the developer to provide for Otterdale
Road Extended. The applicant has not included Otterdale Road Extended as a seventy (70)
foot wide collector through the property. The applicant has proffered to: 1) dedicate a fifty
(50) foot wide right of way and construct two (2) lanes of a residential street ("the Street")
from the County line to Otterdale Road Extended; and 2) dedicate a seventy (70) foot wide
right of way and construct two (2) lanes of Otterdale Road Extended from the Street to the
southern property line, a length of approximately 200 feet (Proffered Conditions 17 and
18). Constructing this length of Otterdale Road Extended and the Street is acceptable.
The Planning Commission Stub Road Policy suggests that subdivision streets projected to
carry 1,500 vehicles per day or more should be designed and constructed as "no-lot
frontage" roadways. Based on projected traffic volumes, the Street from Otterdale Road
Extended through the property may exceed 1,500 vehicles per day. The applicant's
conceptual plan includes a curvilinear grid street system. The design is intended to
discourage cut-through traffic and provide more even traffic distribution. The Street on
the conceptual plan that is anticipated to carry most of the traffic is located towards the
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99SN0115/WP/DEC16J
eastern property line. To minimize the traffic impact on homes that front the Street, the
applicant has proffered to provide additional front yard setbacks. (Proffered Condition 19)
The right of way for Otterdale Road Extended and the Street should be dedicated in
conjunction with recordation of the initial subdivision plat. Providing this right of way
would assist in informing future homeowners in this development that the Street and
Otterdale Road Extended could be extended south of the property. The applicant has
proffered that in conjunction with recordation of the initial subdivision plat, a road
easement from the County line to the southern property line will be granted (Proffered
Condition 17). Rights-of-way for the Street or Otterdale Road Extended will be dedicated
within this road easement.
The Thoroughfare Plan identifies the need to improve existing roads, as well as construct
new roads to accommodate growth. Area roads need to be improved to address safety and
accommodate the increase in traffic generated by this development. The applicant has
proffered to contribute cash towards mitigating this traffic impact. (Proffered Condition
20)
At time of tentative subdivision review, specific recommendations will be provided
regarding the internal road layout and front yard setbacks along the Street.
11 99SN0115/WP/DEC 16J
Financial Impact on Capital Facilities:
PER UNIT
Potential # New Dwelling Units 158' 1.00
Population Increase I 440.82 I 2.8
Number New Students
Elementary 42.98 0.28
Middle 21.01 0.13
High 24.02 0.16
Total 88.01 0.57
Net Cost for Schools 511,920 3,240
Net Cost for Parks 115,340 730
Net Cost for Libraries 50,086 317
Net Cost for Fire Stations 44,556 282
Average Net Cost Roads 320,266 2,027
Total Net Cost 1,042,168 6,596
*Based on a proffered maximum of 158 lots.
As noted, this proposed development will have an impact on capital facilities. Staff has
calculated the fiscal impact of every new dwelling unit on schools, roads, parks, libraries,
and fire stations at $6,596 per unit. The applicant has been advised that a maximum
proffer of $6,200 per unit would defray the cost of the capital facilities necessitated by this
proposed development. Consistent with the Board of Supervisors' policy and proffers
accepted from other applicants, the applicant has offered cash to assist in defraying the cost
of this proposed zoning on such capital facilities. (Proffered Condition 20)
Note that circumstances relevant to this case, as presented by the applicant, have been
reviewed and it has been determined that it would be appropriate to accept the maximum
cash proffer in this case.
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LAND USE
Comprehensive Plan:
Lies within the boundaries of the Upper Swift Creek Plan which suggests the property and
surrounding area is appropriate for residential development of one (1) dwelling unit per
acre or less. The Plan anticipates residential development to continue in this area.
Area Development Trends:
Area development includes Winteffield Ridge (R40) and Roylen Wood (R-25)
Subdivisions to the east, as well as large Agricultural (A) parcels to the south and east.
Future sections of Rosement Subdivision lie to the south. Powhatan County lies to the
north and west of this proposal. The adjacent land area in Powhatan County is planned to
be developed in conjunction with this development.
Site Design:
As noted, the request property is proposed to be developed in conjunction with
approximately 470 adjacent acres located in Powhatan County. Initial access is proposed
through the Powhatan County acreage to Winterfield Road. Ultimately, a road connection
in Chesterfield County to Otterdale Road Extended is proposed. In the interim, emergency
vehicular access is proposed via an existing access easement to St. Stephen's Way.
The overall development proposes office and day care uses in Powhatan along Winterfietd
Road, near Route 711; and approximately 400 dwelling units, 158 of which would be
located in Chesterfield County. Also, proposed in Powhatan County is the Virginia State
Golf Association's headquarters with a golf history museum and teaching facility. Also,
a golf course is planned. The majority of the golf course if proposed to be located within
Powhatan County. The conceptual plan currently depicts two (2) holes of the golf course
within the boundaries of Chesterfield County.
Recreational Facilities:
Public and private recreational facilities to include, but not necessarily be limited to, golf
course, swimming pools, tennis courts and other similar facilities are planned.
The applicant has proffered that golf course facilities will be designed to minimize the
possibility of balls in play entering public rights-of-way or adjacent properties. (Proffered
Condition 2)
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Densi _ty and Lot Sige:
The applicant has proffered a maximum of 158 dwelling units yielding a density of
approximately one (1) dwelling unit per acre (Proffered Condition 4). The applicant has
also proffered that lots abutting Rosemont Subdivision will be a minimum of 30,000 square
feet and the overall average lot size will be 25,000 square feet. (Proffered Conditions 5 and
6)
Except as restricted by Proffered Conditions 5 and 6, the application proposes reduction
of the minimum lot size of 25,000 square feet for a maximum of sixty (60) lots to 20,000
square feet. It should be noted that the Ordinance will allow such reduction to 20,000
square feet provided permanent open space or land, in an amount equivalent to that by
which each lot is reduced, is provided in common areas in the development.
Dwelling Size:
The applicant's proffered conditions address minimum gross floor area of dwelling units
on lots abutting Rosemont Subdivision (2,500 square feet) and on all other lots (2,200
square feet). (Proffered Conditions 7 and 8)
Driveways:
The applicant has proffered that driveways for each individual subdivision lot will be paved
as approved by the Planning Department. (Proffered Condition 9)
Foundation Treatment:
The applicant has proffered that the exposed portions of the foundation of each dwelling
unit will be covered with brick, stone or drivit type materials. (Proffered Condition 10)
Restrictive Covenants:
The applicant has proffered that restrictive covenants will be recorded addressing the
orientation of garage doors (Proffered Condition 11). It should be noted that the County
will not be responsible for enforcing the restrictive covenants, only that they be recorded.
Once recorded, the covenants may be changed.
Solid Waste Storage Areas:
For those non-residential uses developed on the property, the Zoning Ordinance requires
that solid waste storage areas (i.e., dumpsters, garbage cans, trash compactors, etc.) be
screened from view of adjacent property and public rights of way by a solid fence, wall,
dense evergreen plantings or architectural feature and that such area within 1,000 feet of
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99SN0115/WP/DEC16J
any residentially zoned property or property used for residential purposes not be serviced
between the hours of 9:00 p.m. and 6:00 a.m.
CONCLUSIONS
The proposed zoning and land use conforms to the Upper Swifi Creek Plan which suggests the
property and surrounding area is appropriate for residential development of one (1) dwelling unit
per acre or less. In addition, the proposed zoning and land use is representative of existing and
anticipated area residential development. The requested bulk exceptions are intended to promote
an integrated plan beneficial to the residents or occupants of the development.
Further, the proffered conditions not only address the quality of the development but also the
impact of this development on necessary capital facilities, as outlined in the Zoning Ordinance and
the Comprehensive Plan. Specifically, the need for schools, parks, libraries and fire stations is
identified in the County's adopted Public Facilities Plan and FY 1999-2003 Capital Improvement
Program and the impact of this development is discussed herein. The proffered conditions
mitigate the impact on capital facilities, thereby insuring adequate service levels are maintained
and protecting the health, safety and welfare of County citizens.
Given these considerations, approval of this request .is recommended.
CASE HISTORY
Planning Commission Meeting (10/20/98):
On their own motion, the Commission deferred this case to November 17, 1998.
Staff (10/21/98):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than October 26, 1998, for consideration at the Commission's
November 17, 1998, public hearing.
Applicant (11/17/98):
Four (4) additional proffered conditions and related revisions to the Textual Statement were
submitted. Proffered Condition 21 increases the minimum lot size from 18,000 square feet
to 20,000 square feet. Proffered Conditions 22 and 23 address the number of certificates
of occupancy that can be issued prior to June 30, 2002. Proffered Condition 24 prohibits
15 99SN0115/WP/DEC16J
any public road access from the property to Rosemont, but would allow emergency access
from the property to Rosemont, as may be approved at the time of tentative subdivision
review.
Planning Commission Meeting (11/17/98):
The applicant accepted the recommendation. Two (2) citizens expressed their desire that
the development be phased in conjunction with the construction of Route 288 Extended.
One (1) citizen indicated that special safety measures should be required for any water
facility to be located on the golf course.
Mr. Shewmake indicated that the proffered conditions address concerns relative to the
timing of the development.
On motion of Mr. Shewmake, seconded by Mr. Gulley, the Commission recommended
approval of this request and acceptance of the proffered conditions on pages 2 through 6.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, December 16, 1998, beginning at 7:00 p.m., will take
under consideration this request.
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99SN0115/WP/DEC 16J
GRAYCO PROPERTIES
PART 1. INTRODUCTION
INTRODUCTION
This application for rezoning with a Conditional Use Planned Development is the culmination of many mo~ths of
collaboratiOn amongst the property owners, the Virginia State Go~f Association, numerous consultants (Balzer ~ngineers,
illiamsbu Env ronmental Group, The Rainmaker Group, Fazio Golf Course Designers, Atwood Architects, and The
~ o ~l~r~n~n Collaborat ye) and Chested e d and Powhatan Counties. The adc~ion of this, r, ezon!ng will enable
.,ann~% ~.,- -;..? , - ' ,' - .... ~- .... ,~,*$ ideas, and glans of those nvo ved during tins evolving process.
li~ in both Chesterfie d and Powhatan Counties gtmeratly atong Michaux Creek and with access to
· ','."~"'"'~'. --~=,~ ';-=~,~ atiOn's'he.,~,uarte~s with a eof h story museum and teaching taclllty., ^ slg~a, ture e~-~t'~:~].t~.~
§~course and a teaching facihty (~vit'~ an additional' nine hole par three course) have bee ~n y
Fazio Golf Course Designers
· he off course the ma~ter plan for the community contemp ares a residentiaJ neighborhood consisting of
in addmon to~t.I ~_g ............. n Che~effield CcxJn~ which conforms to the Comprehensive Plan ,designation,
of a density of one unit pe~ acre in,this area. o?ne ~.ounrf., _v.~:~ ~.,,.,.~,,,,~.~.,4- ;,~ k~ ?~ 000 ~c]'~ar'e feet. Thus tl~e remaining
to a mm mum of 20 000 square ~eet each, me avera§e ~o( ~1~ ,~ ,~,~,~,,,~ ..... ~,, -- '~ - - -~ ----~-- ~;.~-, a'l
iii be a roximately 30,000 square feet. These larger tots are profXr-.eo aujacen[ ,~o the. ?x?tl~']~, .........
lots w pp ' ..... ~ ...... ;°" To corn- ement the residentia~ nel~l~bornocx3$, generous
neighborhoods to tl~e sou,th ancl e~st o~ me ~o___p~u~.,~__u.~:~[~,u~;,~r:cres m ~_hesterfielcl County) have'been included in the
monl an as we a5 o~destrian paths [inkine. homes with parks and retreat on facilities. Approximately 250 homes
corn 'ty pi ::--, ..... ~--~- -~ ..... i-t-,~ and an inte~rat t3art of the Chesterfield County portion
are planned in Powhatarl Lounty in nel~u~w~u~.~ u-,=,-~,7 ...... o ~
of the community.
h ro curvi inear street sy~.tem wilt provide a circulatiOn system linking the neighborhoods with one another,
T ep posed -- , ..., -~.*... ...... ~.,whiter~ovidin. mult ple access routes for emerge~cy vehicles
rt,~.:reation areas, ano open q:)ace ~acmt~e~ u,,,,,~ .-,~.,,,,:,~L-,r -~';s' as~iation will be established in order to insure the
and reducing the traffic volumes on any s~ngle s[reeL ,'~ nomeow.
long term mainrenan~.e and operatiOn of the common areas.
The Property w be served by public water and 5~r, ver and through expansions will provide improvements to the public
utility systems within this area of the county. AdditiOnal impacts, if any, on the public school, library, road, and fire safety
systems will be adequately addressed by cash proffers.
Since the conditiOns and proffers included in this application and the requirements of the county zoning and subdivision
ordinances address issues of compatibility and impact, this request will not be detrimental to adjacent property, the
surrounding neighborhood, or the county in general
GRA¥CO PROPERTIES
PART 3. TEXTUAL STATEMENT
GRA¥CO PROPERTIES
TEXTUAL STATEMENT
PACE 1
I. SUMNIARY OF EXISTING AND PROPOSED ZONING DISTRICTS AND ACREAGES
PROPOSED
58.27 R-25 w/CUPD 1.B8.27 158
II. USE AND BULK EXCEPTIONS
The puqx~e o~ the R~idemial Nei~-,borh~od is ~o ~i~ a quaJi~ communiw which ~its a vari~ ~ ~ellJnB uni~,
A, the following u~ exceptions shall ~ ~rm~ ~b~ to [he r~trl~ons, r~u~r~ condlu~S, aha aeve ~
slandard~ of t~ zoning ordinance exert as m~ifi~ he,in:
USE ~CE~IONS
1. ~ming a~ ~les cemers I~al~ in r~reali~ ar~as or ~n ~ace areas later then ~c (1) ac~, ~t nm
on ~ingle family I~s.
2. ~t ~ ~,ublect to the restrictions in 5~. 19-65 of the Cheste~ietd Coun~ Z~mg Ordinance ex~ ~4.
3. Public and privale ~ofi/-makin~ clu~, golf c~r~, and mher r~reatJonal facilili~, the I~er ~ which,
primarily ~in~ the su~mdin~ resi~ntial community.
4. Plann~ ~vel~menJs.
BULK EXCE~IONS AND D~ELOPMENT STANDARDS (SEE FOOTNOTES)
gve t~ou~ancl (25,000) ~u,~re feel
yard ~ I~s ~an fi~n I1 S) f~t
IlL S~E~NCE
The un~f~eab i~, ill~ality, eliminati~, revision, ~ amendment of any c~ditlon ~t fo~h herein, in whole ~ in pa~,
sha ~ot aff~t the vatidit~ or enforceability of the other conditi~s or the unaff~t~ ~ff of any ~ch c~dition.
IV. EXHIBITS
A. EXHIBIT A: EXISTING AND PRO~SED ZONING DISTRI~5
B. ~XHIBIT B; ~STER PLAN
POWHATAN
COUNTY
WINTERFIELD
RIDGE
SALISBURY
N
R"25
ROSEMONT
,4
'SALISBUR'
3115(AMENDE
A TO R-25
WITH C.U.
..~SH. 18~2
~1~/ 5N0115- I
!
!
!
EXHIBIT B: I~A51 ~ DIAN
~6a~ous
ROAD
--~-: ROBIOU S
CASE #99SN01 ~ .............
t
1
/~.
THOROUGHFARE PLAN
c~ffSNo
/
/
CASE #99SN0115
99SN0115 (Amended)
In Midlothian Magisterial District,
12/16/98
98 950
DEVELOPb~ENT COMPAigY, LLC requested rezoning and amendment of
zoning district map from Agricultural (A) to Residential
25) with Conditional Use Planned Development to permit use
and bulk exceptions. A real estate office, single family
residential subdivision with a minimum lot size of 20,000
square feet and golf course is planned. Residential use of
up to 1.74 units per acre is permitted in a Residential
25) District. The applicant has agreed to limit development
to a maximum of 158 lots yielding a density of approximately
1.0 unit per acre. The Comprehensive Plan suggests the
property is appropriate for residential use of 1.0 unit per
acre or less. This request lies on 158.27 acres lying
approximately 1,870 feet off the western terminus of
Aylesford Drive. Tax ID 718 720 9903 (Sheet 1).
Mr. Jacobson presented a summary of Case 99SN0115 and stated
that the Planning Commission and staff recommend approval
and acceptance of the proffered conditions. He noted that
the proposed request conforms to the Upper Swift Creek Plan.
John Cogbill, Esquire, representing the applicant, stated
that the recommendation is acceptable.
Mr. Frank Washington, Chairman of the Rosemont Homeowners
Association Development Committee, stated that the
Association's concerns have been met and that the
Association feels the proposed request will only enhance the
Rosement Community.
Mr. Barber stated that a great deal of community input has
been expressed regarding this request and that he feels the
traffic concerns have been addressed.
Mr. Barber then made a motion, seconded by Mr. McHale, for
the Board to approve Case 99SN0115 and accept the following
proffered conditions:
The property owners and Applicants in this rezoning case,
pursuant to ~15.2 2298 of the Code of Virginia (1950 as
amended) and the Ordinance, for themselves and their
successors or assigns, proffer that the property under
consideration will be developed according to the proffers
and conditions contained in this application if, and only
if, the rezoning request and Conditional Use Planned
Development is granted. In the event the rezoning and
Conditional Use Planned Development request is denied or
approved with conditions not agreed to by the Applicant, the
proffers and conditions shall immediately be null and void
and of no further force or effect.
A. GENERAL
1. The Textual Statement, together with its exhibits,
last revised 7 October 1998, shall be considered
the master plan for the Property.
2. Golf Course facilities shall be designed to
minimize the possibility of balls in play entering
public rights of way or adjacent properties. The
design shall preclude the use of physical barriers
12/16/98
98 951
along the public rights of way other than
decorative fencing or walls, topography, and/or
landscaping. A plan for achieving this
requirement shall be submitted for approval in
conjunction with site and/or tentative plan
review.
3. Development shall be phased to occur from the
north (with access through Powhatan County from
Winterfield Road) and proceed to the south. No
areas shall be developed with sole access through
Chesterfield County.
4. The total number of dwelling units shall not
exceed 158.
5. Lots abutting Rosemont shall be a minimum of
30,000 square feet.
The overall average lot size shall be 25,000
square feet.
7. The gross floor area of each dwelling unit on lots
abutting Rosemont shall have a minimum of two
thousand five hundred (2500) square feet.
8. The gross floor area of all other dwelling units
in the Property shall have a minimum of two
thousand two hundred (2200) square feet.
9. Ail driveways on each individual subdivision lot
shall be paved. The exact pavement t~rpe, which
may include asphalt, concrete, aggregate
materials, and/or brick, concrete, or stone
pavers, shall be approved by the Planning
Department.
10. Ail exposed portions of the foundation of each
dwelling shall be covered with brick, stone, or
drivit t~rpe materials.
11. Prior to or in conjunction with the recordation of
the first plat, covenants shall be recorded which
state the following: ~All dwellings that provide
a garage shall employ side or rear entry garage
designs except that front entry garage designs may
be permitted provided that garage doors are at
least twenty (20) feet behind the front facade of
the house and that the garage doors are screened
from the street through the positioning of the
driveway, landscaping, and/or natural vegetation".
12. Any open basins required for water quantity or
quality control designed to serve the Property
shall be landscaped or otherwise improved so that
the facilities become visual enhancements to and
amenities for the uses developed on the Property.
At the time of subdivision plan review, a plan
depicting these requirements shall be submitted to
the Planning Department for review and approval.
12/16/98
98 952
ENVIRONMENTAL ENGINEERING
13. Prior to the issuance of land disturbance permits,
the Environmental Engineering Department shall be
provided with copies of correspondence from
applicable State and Federal agencies in order
that it may be confirmed that all permits
regarding wetlands have been received. A
qualified wetlands expert may certify that
notification of applicable State and Federal
agencies is not required.
14. Except for timbering approved by the Virginia
State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance
permit has been obtained from the Environmental
Engineering Department and the approved devices
installed.
15.
In conjunction with submission of the site plan
for the golf course, a fertilization plan in
keeping with normal turf management for golf
courses shall be submitted to the Chesterfield
Extension Agent for approval. Such plan shall
provide for the minimum fertilization necessary to
achieve accepted turf maintenance and management.
Failure of the Extension Agent to approve or
disapprove the plan within sixty (60) days from
its submittal shall be deemed approval of the
plan.
UTILITIES
16.
Public water and sewer shall be utilized, except
that wells and/or bodies of water may be used for
irrigation purposes only for open space, park, and
golf course areas.
D. TRANSPORTATION
17.
In conjunction with the recordation of the initial
subdivision plat, a variable width road easement,
with a maximum width of one hundred flfty(150)
feet and a minimum width of one hundred (100)
feet, from the Chesterfield County Line, generally
extending along the eastern property line, to the
southern property line, shall be granted and
recorded to Chesterfield County (with the
qualifications described below). Within this
easement, a fifty (50) foot wide right of way for
a residential street ('~the Street") from the
Chesterfield County Line to the north/south
collector (Otterdale Road Extended), and a seventy
(70) foot wide right of way for Otterdale Road
Extended from the Street to the southern property
line shall be dedicated, free and unrestricted, to
and for the benefit of Chesterfield County. The
exact width and location of the easement and the
12/16/98
98 953
18.
19.
E. CASH
20.
exact location of the right of way shall be
approved by the Transportation Department. In
conjunction with recordation of each subdivision
plat through which the easement extends or upon
request by the Transportation Department,
whichever occurs first, the rights of way as
described above shall be dedicated and that
section of the applicable road easement shall be
extinguished by the terms of the easement grant.
The Developer shall be responsible for the
construction of the following: 1) two (2) lanes of
Otterdale Road Extended between the Street and the
southern property line to VDOT Urban Collector
Standards (40 mph) with modifications approved by
the Transportation Department; and 2) the Street
from the Chesterfield County Line to Otterdale
Road Extended. Prior to any road and drainage
plan approval, a phasing plan for construction of
Otterdale Road Extended and the Street shall be
submitted to and approved by the Transportation
Department.
An additional front yard setback of a maximum of
twenty five (25) feet and a minimum of ten (10)
feet shall be provided on each lot fronting the
Street. At the time of tentative subdivision
review, the Transportation Department shall
approve the exact width of this additional
setback. The approved setback shall be noted on
each lot recorded fronting the Street.
PROFFERS
The applicant, subdivider, or assignee(s) shall
pay the following to the County of Chesterfield at
the time of building permit application for
infrastructure improvements within the service
district for the property:
a) $6,200 per dwelling unit if paid prior to 1
July 1999; or
b) The amount approved by the Board of
Supervisors not to exceed $6,200 per dwelling
unit adjusted upward by any increase in the
Marshall and Swift Building Cost Index
between 1 July 1998 and 1 July of the fiscal
year in which the payment is made if paid
after 30 June 1999.
In the event the cash payment is not used for the
purpose for which proffered within 15 years of
receipt, the cash shall be returned in full to the
payor.
Should Chesterfield County impose impact fees or
other substitute for proffers for schools, parks,
roads, libraries, and/or fire stations at any time
during the life of the development, the amount
12/16/98
98 954
paid in cash proffers shall be in lieu of or
credited toward any such substitute fees at the
determination of the County.
21. The minimum lot size shall be twenty thousand
(20,000) square feet.
22. No certificates of occupancy shall be issued
before 1 January 2001.
23. A maximum of one hundred (100) certificates of
occupancy shall be issued prior to 30 June 2002.
24. No public access road from the Rosemont
neighborhood to this Development shall be
permitted. However, this provision shall not
prohibit emergency access approved at the time of
tentative plan review.
F. SEVENANCE
25. The unenforceability, illegality, elimination,
revision, or amendment of any proffer set forth
herein, in whole or in part, shall not affect the
validity or enforceability of the other proffers
or the unaffected part of any such proffer.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
12/16/98
98 955