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00SN0111.pdf December 15, 1999 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 00SN0111 Brookstone Associates, L.C. Midlothian Magisterial District North and South Lines of Robious Road REQUEST: Rezoning from Agricultural (A) to Residential (R-15) and Residential (R-25). PROPOSED LAND USE: A s'mgle family residential subdivision development having a maximum of 450 lots, yielding a density of approximately 0.92 dwelling units per acre is planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 7. AYES: MESSRS. MILLER, CUNNINGHAM, MARSH AND SHEWMAKE. ABSENT: MR. GULLEY. STAFF RECOMMENDATION Recommend approval subject to the applicant adequately addressing the impacts of this development on public facilities. This recommendation is made for the following reasons: The proposed zoning and land uses conforms to the Old Gun/Robious Ama Plan which suggests the property is appropriate for residential use of 1.0 dwelling unit per acre or less. The proposed zonings and land uses are representative of, and compatible with, existing area residential development. The proffered conditions do not fully address the impact of this development on capkal facilities. However, under the County's policy, the Planning Commission and Board of Supervisors may consider unique circumstances and conclude that the proffered conditions do fully offset the impact of this development on capital facilities. (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER MAY PROFFER OTHER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS (STAFF/CPC) 1. For the purposes of these proffers, the "Plan" shall be the plan prepared by Balzer and Associates, Inc., entitled "Ashinoff Tract" and dated October 29, 1999. (P) (STAFF/CPC) 2. A maximum of 450 dwelling units shall be permitted. (P) (STAFF/CPC) 3. All lots on Parcel A (R-15) shall have a minimum 110 foot lot width and shall have a minimum lot size of 22,000 square feet. (P) (STAFF/CPC) 4. The gross floor area of each one story dwelling unit within Parcel A shall have a minimum of 2200 square feet. The gross floor area of all other dwelling units within Parcel A shall have a minimum of 2500 square feet. (P) (STAFF/CPC) 5. The gross floor area of each one-story dwelling unit within Parcel B shall have a minimum of 2500 square feet. The gross floor area of all other dwellings units within Parcel B shall have a minimum of 2700 square feet. All dwelling units located on lots abutting Brookstone Subdivision shall be one and one-half stories or greater in height and contain a minimum gross floor area of 2700 square feet. (P) (STAFF/CPC) 6. Within that area designated as Parcel C, and within 400 feet of Salisbury, Cross Creek and Robious Forest Subdivisions, and Tax ID # 722-720- 0108, 0794, 0079 and 8360, development shall conform to the requirements of the Residential (R-40) District. The boundaries of Parcel C shall be as generally shown on the "Plan"; provided, however, that the exact boundaries shall be determined at the time of tentative subdivision review. Under any circumstances, Parcel C shall have a minimum of 250 acres provided, however, that the acreage may be decreased by a maximum often (10) percent based upon topographical or other natural features which would provide a logical delineation between the different 2 00SN0111/WP/DEC 15K (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 10. 11. parcels. No lot shall be located within more than one (1) Parcel (i.e. Parcels B and C). Specifically, any lot within Parcels B or C shall be located entirely within the boundaries of either Parcel B or C. (P) The gross floor area of each one story dwelling unit within Parcel C shall have a minimum of 2700 square feet. The gross floor area of all other dwelling units within Parcel C shall have a minimum of 3000 square feet. (P) All exposed portions of the foundation of each dwelling shall be covered with brick or stone veneer or drivit type materials. (P) In conjunction with the recordation of the each subdivision 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 the view of garage doors from the street is minim~ed through means such as, but not limited to, the positioning of the driveway, landscaping and/or natural vegetation. The exposed surfaces of all exterior chimneys shall be laced with brick, drivit or stone veneer. (P) A thirty (30) foot tree preservation strip, exclusive of required yards, shall be maintained on Parcels B and C adjacent to Salisbury, Cross Creek, Brookstone and Robious Forest Subdivisions. Utility easements, the emergency access from Cross Creek Subdivision (Proffered Condkion 12), and the possible stub road extension from Brookstone, all of which shall cross this strip in a perpendicular fashion, shall be permitted in the tree preservation strip. Any healthy trees that are eight (8) inches in caliper or greater shall be retained within this tree preservation strip except where removal is necessary to accommodate the improvements permitted by the preceding sentence. This condition shall not preclude the removal of vegetation from the tree preservation strip that is unhealthy, dying or diseased. (P) Pedestrian/bike paths shall be provided throughout the project to accommodate access to the County Park and the elementary and high schools located adjacent to this project. In conjunction with the first tentative subdivision plan submission, an overall conceptual plan depicting 3 00SN0111/WP/DEC 15K (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 12. 13. 14. 15. 16. this requirement shall be submitted to the Planning Department for review and approval. The exact trea1~nent and location of these paths shall be reviewed approved by the Planning Department at time of each tentative subdivision review. (P & R,S) No public road connection shall be provided from Parcels B or C to Cross Creek Subdivision. An emergency access shall be provided from the southern terminus of Crossings Ridge Drive within Cross Creek, Section C, as shown on the "Plan". This access shall be constructed to accommodate access in case of emergency (support fire and rescue vehicles) and shall be gated to preclude its use other than by emergency vehicles, pedestrians or bicycles. The exact design of this access shall be reviewed and approved by the Fire and Planning Departments at the time of tentative subdivision review. (P & F) No construction access shall be permitted through Cross Creek Subdivision or Brookstone Subdivision. (P) Direct access from the Property to Robious Road shall be limited to a maximum of four (4) public roads. Two (2) of these public road accesses shall serve the property north of Robious Road (Parcel A) and two (2) of these public road accesses shall serve the property south of Robious Road (Parcels B and C). The exact location of these accesses shall be approved by the Transportation Depamnent. Ifa public road access is provided through the Brookstone Subdivision, via Arborcraft Drive, to serve the property south of Robious Road (Parcels B and C), direct access from Parcels B and C to Robious Road shall be limited to one (1) public road. (T) Prior to any tentative subdivision approval, a revised centerline, based on VDOT Urban Minor Arterial Standards (50 MPH) with modification approved by the Transportation Depamnent, for Robious Road shall be submitted to and approved by the Transportation Depar1~nent. In conjunction with recordation of the first subdivision plat, forty-five (45) feet on the north and south sides of Robious Road measured from the approved revised centerline of that part of Robious Road immediately adjacent to the Property, shall be dedicated, free and tmrestricted, to and for the benefit of Chesterfield County. (T) To provide an adequate roadway system at the time of complete development, the Developer shall be responsible for the following: 4 00SN0111/WP/DEC 15K (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 17. 18. 19. 20. 21. Construction of addkional pavement along Robious Road at the approved accesses to provide left and right turn lanes, based on Transportation Department standards. Relocation of the ditch to provide adequate shoulder along the north and south sides of Robious Road for the entire Property frontage; and Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the road improvements identified above. (T) Prior to any construction plan approval, a phasing plan for the required roadway improvements, as identified in Proffered Condition 16 above, shall be submitted to and approved by the Transportation Depamnent. (T) The public water and wastewater systems shall be used. (U) Except for timbering approved by the Virginia State Depamnent of Forestry for the purpose of removing dead or diseased trees, there shall be no timber'mg on the Property until and land disturbance permk has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) Any open basins required for water quantity or quality control shall be designed as wet ponds and shall be landscaped or otherwise improved so that the facilities become visual enhancements to, and amenities for, the uses developed on the Property. The landscaping plan for such ponds shall include landscaping adjacent to the ponds. At the time of tentative subdivision submission, a plan depicting these requirements shall be submitted to the Planning and Environmental Engineer'Lng Departments for review and approval. (P & EE) 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: 5 00SN0111/WP/DEC 15K (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 22. 23. 24. 25. a. $4,000.00 per dwelling unit if paid prior to 1 July 2000; or The mount approved by the Board of Supervisors not to exceed $4,000.00 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between 1 July 1999 and 1 July of the fiscal year in which the payment is made if paid after 30 June 2000. The per dwelling unit cash proffer amount will be pro-rated among schools, roads, libraries, and fire station facilities by the County's Deparlnnent of Budget and Management. 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 substitutes for cash proffers for roads, schools, parks, libraries, and/or fire stations prior to the issuance of the 450th building permk, the amount paid in cash proffers shall be in lieu of or credked toward any such substitute fees at the determination of the County. (B & M) In conjunction with the recordation of the first subdivision plat, approximately fifty-five (55) acres, adjacent to the James River and Robious Landing Park as shown on the "Plan", shall be dedicated, free and unrestricted, except as qualified herein, to and for the benefit of Chesterfield County. The exact boundary and acreage will be determined at the time of tentative subdivision review and approval. (P & R, S) No certificates of occupancy shall be issued before January 1, 2001. (P) A maximum of 150 certificates of occupancy shall be issued prior to June 30, 2002. (P) Development on the Property (Parcels A, B and C) shall be phased as follows: No more than a cumulative total of seventy-five (75) lots shall be recorded prior to July 1, 2000. No more than a cumulative total of 150 lots shall be recorded prior to January 1, 2001. No more than a cumulative total of 210 lots shall be recorded prior to January 1, 2002. 6 00SN0111/WP/DEC 15K No more than a cumulative total of 270 lots shall be recorded prior to January 1, 2003. No more than a cumulative total of 330 lots shall be recorded prior to January 1, 2004. No more than a cumulative total of 390 lots shall be recorded prior to January 1, 2005. No more than a cumulative total of 450 lots shall be recorded prior to January 1, 2006. (P) (STAFF/CPC) 26. Common areas and ownership of property not contained in lots or streets conveyed to individual owners shall comply with Section 19-105 (n) of the Zoning Ordinance. (P) (STAFF/CPC) 27. The developer shall be responsible for notifying by registered, certified or first class mail, the last known representative on file with the County Planning Depamnent of the Salisbury, Cross Creek, Brookstone and Robious Forest Subdivisions and the owners of record for Tax ID 722- 720-0108, 0794, 0079 and 8360, of the submission of any tentative subdivision plan. Such notification shall occur as soon as practical, but in no event less than twenty-one (21 ) days prior to approval or disapproval of the plan. The developer shall provide the Planning Depamnent with an affidavit that such notice has been sent. (P) (STAFF/CPC) 28. No draining, ditching or other modification of tidal or non-tidal wetlands, as def'med by the Corps of Engineers, shall take place without the prior approval of the Deparunent of Environmental Engineering. (EE) GENERAL INFORMATION Location: North and south lines of Robious Road, west of Robious Forest Way and south of, and adjacent to, the James River Tax ID 726-724-1420 (Sheet 1). Existing Zoning: A Size: 491 acres Existing Land Use: 7 00SN0111/WP/DEC 15K Vacant Adjacent Zoning & Land Use: North - James River and Henrico County South - R-15 and A; Single family residential or vacant East - R-40; Single family residential or public/semi-public (schools and park) West - R-15 and A; single family residential or vacant UTILITIES Public Water System: There is an existing eight (8) inch water line along portions of Robious Road, adjacent to both the eastern and westem boundaries of the request site. In addition, there is an existing eight (8) inch water line along Arbor Craft Drive in Brookstone Subdivision and an eight (8) inch water line along Crossing Ridge Drive in Cross Creek Subdivision which are adjacent to the request site. Use of the public water system is intended and has been proffered. (Proffered Condition 18) The developer w'dl be responsible for extending a public water line sized for ultimate County needs along Robious Road or as deemed necessary by the Utilities Department. The on-site water improvements must be sized (currently proposed as a twelve (12) inch or sixteen (16) inch water line) and extended through the request site from Winterfield Road to Robious Road. The phasing plan for developing this site must take into consideration the existing available water flows and pressure to insure that the proper improvements are made to accommodate needs. Where elevations are greater than 335 feet, water service may be required from Salisbury Subdivision. A backfeed from Cross Creek Subdivision may be necessary depending upon how the development is phased. Public Wastewater System: A portion of the existing thirty (30) inch James River trunk line extends across the northeast portion of the request site and along the northwest boundary of the request site to Robious Road. In addition, there is an existing eight (8) inch wastewater collector adjacent to Crossing Way in Cross Creek Subdivision, approximately 900 feet northwest of the request site. Use of the public wastewater system is intended and has been proffered. (Proffered Condition 18) Any connection to the existing thirty (30) inch wastewater trunk line adjacent to the northeast comer of Brookstone Subdivision and Robious Road must be sized internally to the development to be capable of relieving the existing Powderham Pump Station. ENVIRONMENTAL 8 00SN0111/WP/DEC 15K Drainage and Erosion: The property north of Robious Road drains directly into the James River. The property south of Robious Road drains north into Powhatan County before entering into the James River. The property north of Robious Road is relatively fiat. The property south of Robious Road has extremely steep slopes with a plateau in the southeast comer. There are no known, existing onsite drainage or erosion problems; however, some of the streams show some natural stream degradation. No off-site drainage or erosion problems are anticipated. Due to the large number of streams crossing the property, there is high probability that no off-ske drainage easements will be necessary. The majority of the property is wooded and, as such, should not be timbered without obtaining a land disturbance permit (]Proffered Condition 19). This will ensure that adequate erosion control measures are in place prior to any land disturbance. At the time of tentative subdivision plan submittal, the road design should be such that the disturbance on the small band of steep slopes adjacent to the plateau in the southeast comer of the property is minimized. Water Qualky: There are three (3) perennial streams on the property that are subject to Chesapeake Bay conservation area requirements (RPA streams). One (1) stream is adjacent to the James River, one is at the extreme southern tip of the property and the third is in the center of the parcel. All storm water and best management practice facilkies be designed such that they become amenities to the project. (Proffered Condition 20) A proffered condition would preclude the draining of wetlands unless approved by Environmental Engineering. (Proffered Condition 28) PUBLIC FACILITIES The need for fire, school, library, park and transportation facilities is identified in the Public Facilities Plan, the Thoroughfare Plan and the FY 2000-2004 Capital Improvement Program and am further detailed by specific depamnent in the applicable sections of this "Request Analysis". This development will have an impact on these facilkies. 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 recommended for construction year 2015 in the Public Facilities Plan. Based on 450 resktential units, this request will generate approximately 122 emergency calls for fire and rescue services per year. The applicant's proffered conditions do not adequately address the impact of this development on fire/rescue facilities. 9 00SN0111/WP/DEC 15K This property is currently served by the Bon Air Fire/Rescue Station, Company Number 4 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 dur'mg the plans review process. The provision of a restricted emergency road connection to Cross Creek Subdivision to support fire/rescue vehicles (Proffered Condition 12) is acceptable. This emergency access will be in addition to the necessity to provide a second means of public road access for any development exceeding fhfy-nine (59) lots and f'ufy (50) building permks as required by the existing Subdivision Ordinance. It should be noted that consideration is being given to possible modification to the existing Ordinance regarding the number of public road accesses necessary to accommodate adequate emergency access. Depending upon the timing of this development and any modification to the current Ordinance, it may be necessary to comply with any future amendment. Schools: Approximately 252 school age children will be generated by this development. The ske lies in the Berrie Weaver Elementary School attendance zone: capacky - 750, enrollment - 753; Robious Middle School zone: capacity - 1090, enrollment - 1120; and James River High School zone: capacity - 2000, enrollment - 1707. This request will have an impact on ama schools. The applicant has agreed to proffer cash and fifty-five (55) acres ofriverfront property for joint parks and school use to assist in mitigating the impact of this development on the schools. (Proffered Conditions 21 and 22) Although these proffers do not fully address this development's impact on the County' s capkal facilkies as noted in this "Request Analysis", the School Board views this land dedication as an excellent way of provkting additional opportunities for science and physical education programs, play fields and other instructional and extracurricular programs. Libraries: Consistent with 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 aneed for additionallibrary space throughout the County. Taking into account the additional space provkted by the two (2) currently funded projects, the new La Prade and Chester Libraries, there is still a projected need for 55,000 addkional square feet of space County-wide by 2015. The proposed development would most likely have the greatest impact on either the Bon Air or Mktlothian libraries. The Public Facilities Plan specifically ktentifies a future need for additional library space in the service areas of these two (2) facilities. The applicant's proffered conditions do not adequately address the impact of this development on library facilities. (Proffered Conditions 21 and 22) Parks and Recreation: 10 00SN0111/WP/DEC 15K The Public Facilkies Plan identifies the need for two (2) new regional parks. In addkion, there is currently a shortage of communky park acreage in the northem area. 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 proposed development on these parks and recreation facilities through the dedication of fuiy-five ( 55) acres of property. (Proffered Condition 22) This dedication is viewed as a prune opportunky to expand on the recreational opportunkies available at the adjoining Robious Landing Park. The proposed site offers mature forest for passive recreation and additional waterfront on the James River that would more than double the space available at the existing park for water access and scenic views. At the time of tentative subdivision review, the need for pedestrian/bike access ways to the park and school areas will be evaluated (Proffered Condition 11). Provision of these facilkies will enhance access to the school/park area. Transportation: The applicant has proffered a maximum densky of 450 dwelling units (Proffered Condition 2). Based on single family trip rates, development is anticipated to generate approximately 4,140 average daily trips. These vehicles will be distributed along Robious Road which had a 1997 traffic count of 8,229 vehicles per day. Included in the Virginia Department of Transportation (VDOT) Six-Year Secondary Road Improvement Program is a project to reconstruct Robious Road as a two-lane facility from James River Road to the County line. Construction is anticipated to begin in Spring 2005. The Thoroughfare Plan identifies Robious 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, measured from a revised centerline for Robious Road, in accordance with that Plan. (Proffered Condkion 15) Direct access to major arterials, such as Robious Road, should be controlled. The applicant has proffered to limit direct access from the property to Robious Road to four (4) public roads (Proffered Condkion 14). Two (2) of the public road accesses will serve development of the property located on the north skte of Robious Road (Parcel A), and the other two (2) public road accesses will serve development of the property located on the south side of Robious Road (Parcels B and C). The second access onto Robious Road to serve parcels B and C will not be permitted if public access is provided through Brookstone Subdivision. (Proffered Condition 14) Brookstone and Cross Creek are subdivisions that border the western boundary of the property located on the south skte of Robious Road (Parcels B and C). In conjunction with recordation of those subdivisions, two (2) stub road rights of way were provided to the subject property (i.e., 11 00SN0111/WP/DEC 15K Arborcraft Drive and Crossings Ridge Drive). The Planning Commission's 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" roads. The applicant has proffered that no public road connection will be provided from the property (Parcels B or C) to Cross Creek Subdivision (Proffered Condition 12). The proffer requires construction of an emergency access from Crossings Ridge Drive into the property. The applicant has also proffered that no construction access will be permitted through Brookstone or Cross Creek Subdivision (Proffered Condition 13). This condition will be difficult, if not impossible, to enforce ifa connection is made to the Brookstone Subdivision via the Arborcraft Drive stub road. At time of tentative subdivision review, the Transportation Depamnent will evaluate the appropriateness of allowing the extension of Arborcraft Drive in Brookstone Subdivision into the property. Staff's recommendation will be primarily based on the Planning Commission's Stub Road Policy. Mitigating road improvements must be provided to address the traffic impact of this development. The applicant has proffered to construct additional pavement along Robious Road at the approved accesses to provide left and right turn lanes based on Transportation Depamnent standards and relocate the ditch to provide an adequate shoulder along the north and south sides of Robious Road for the entire property frontage. (Proffered Condition 11) 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 some cash towards addressing this impact (Proffered Condition 21). This proffer does not adequately mitigate the traffic impact of this development. Without this commitment, the Transportation Department cannot support this request. 12 00SN0111/WP/DEC 15K Financial Impact on Capital Facilities: PER UNIT Potential Number of New Dwelling Units 450* 1.00 Population Increase 2.77 2.77 Number of New Students Elementary 121.50 0.27 Middle 58.50 0.13 High 72.00 0.16 TOTAL 252.00 0.56 Net Cost for Schools 1,492,200 3,316 Net Cost for Parks 316,350 703 Net Cost for Libraries 126,900 282 Net Cost for Fire Stations 120,600 268 Average Net Cost for Roads 921,150 2,047 TOTAL NET COST 2,977,200 6,616 *Based on a proffered maximum number of 450 dwelling units (Proffered Condition 2) As noted, this development will have an impact on capkal facilities. Staff has calculated the fiscal impact of every new dwelling unit on schools, roads, parks, libraries and fire stations at $6616 per unk. The applicant has been advised that a maximum proffer of $6200 per unit would defray the cost of the capkal facilities necessitated by this proposed development. Circumstances relevant to this case, as presented by the applicant, have been reviewed and k has been determined that it would be appropriate to accept the maximum cash proffer in this case. The applicant has proffered $4000 in cash and approximately 55 acres of land to assist in defraying the cost of this proposed development on such capital facilities (Proffered Conditions 21 and 22). A credit for the land has been factored into the impact analysis based on methodologies that have been used in the past. The County' s policy establishes land valuation methods generally based on current assessed values. Additionally, under the County's policy, the Planning Commission or Board of Supervisors could choose to deviate from the County's policy and recognize an altemative land valuation method should k be determined that unique circumstances justify such a change. The opportunkies afforded by the proffered land dedication are further described in the Schools and Parks and Recreation sections of this "Request Analysis". 13 00SN0111/WP/DEC 15K Valuation of the land is possible using methods other than those recognized in the County' s policy. For example, altematives may include using current appraisals or actual costs paid for adjacent properties. Use of one such altemative valuation method would result in a higher credit calculation, thus fully offsetting the total calculated impact of the development. However, based on the assessed valuation approach, these proffers do not fully address the impacts resulting from the proposed development. Based on the cash proffer policy, staff concludes that the proffered condkions do not fully offset the impact of the development. However, the policy does allow the Planning Commission and the Board of Supervisors to consider unique circumstances relative to this development and conclude that the proffered conditions do fully offset the impact of the development. LAND USE Comprehensive Plan: Lies within the boundaries of the Old Gun/Robious Area Plan which suggests the property is appropriate for low density residential development of 1.0 dwelling unit per acre or less. Area Development Trends: The property is bounded to the north by the James River. Adjacent property to the east is zoned Residential (R-40) and is occupied by single family residential development, public schools and a public park or is vacant. Specifically, Riverton Subdivision lies to the east and has been developed with a density of 1.2 dwelling units per acres and an average lot size of 32,863 square feet; Robious Forest with a density of.84 dwelling units per acres and an average lot size of 47,612 square feet and Hill Crest Subdivision with a density of.767 and an average lot size of 48,944 square feet. Hill Crest was developed on private septic systems thereby resulting in larger average lot sizes than typically found in development having public wastewater. Adjacent property to the south is zoned Residential (R-15) and Agricukural (A) and is occupied by single family residential subdivision development. To the south is Southwell Subdivision which has a density of.54 units per acre and an average lot size of 77,785 square feet and Salisbury Section B-2 which as a density of.57 units per acres and an average lot size of 69,143 square feet. Both of these subdivisions were developed on private septic systems. Adjacent property to the west is zoned Residential (R-15) and is occupied by single family residential development or is vacant. To the west is Cross Creek Subdivision which has developed at a densky of 1.07 unks per acre and an average lot size of 36,124 square feet and Brookstone Subdivision which has developed at a density of 1.6 units per acre and an average lot size of 20,908 square feet. Residential development at densities consistent with the Plan is expected to continue in the area. 14 00SN0111/WP/DEC 15K Site Design and Dwelling Size: The "Plan" submitted with this application depicts the property divided into three (3) parcels of development (Proffered Condition 1). A maximum of 450 dwellings may be developed on these three (3) parcels. (Proffered Condition 2) Parcel A, containing 185 acres, is proposed for Residential (R- 15) zoning. The Zoning Ordinance requires a minimum lot size of 15,000 square feet and a minimum lot width of 100 feet in this zoning district. The applicant has proffered a minimum lot size of 22,000 square feet and a minimum lot width of 110 feet within Parcel A (Proffered Condition 3). The applicant has proffered minimum gross floor areas of 2200 square feet for one story dwellings and 2500 square feet for all other dwellings. (Proffered Condition 4) Parcels B and C together contain 306 acres and are proposed for Residential (R-25) zoning. The Zoning Ordinance requires a minimum lot size of 25,000 square feet and a minimum lot width of 120 feet inthis zoning district. Parcel B will conform to these Ordinance guidelines. The applicant has proffered minimum gross floor areas of 2500 square feet for one story dwellings and 2700 square feet for all other dwellings. Further, all lots abutting the Brookstone Subdivision will contain dwellings of one and one-half stories or greater with a minimum gross floor ama of 2700 square feet. (Proffered Condition 5) Development within Parcel C will be developed in conformance with Residential (R-40) zoning standards. The Zoning Ordinance requires a minimum lot size of 40,000 square feet and a minimum lot width of 150 feet in this zoning district. To allow flexibility based upon the final engineering design, the acreages within Parcels B and C may be adjusted by ten (10) percent, provided that Parcel C must contain a minimum of 250 acres and that all lots located within 400 feet of Wmterfield Ridge, Salisbury, Cross Creek and Robious Forest subdivisions must conform with the requirements of the Residential (R-40) District (Proffered Condition 6). The applicant has proffered minimum gross floor areas of 2700 square feet for one story dwellings and 3000 square feet for all other dwellings. (Proffered Condition 7) The developer will notify the last known representatives on f'tle with the Planning Deparunent for the adjoining subdivisions of the submission of any site or tentative subdivision plan for this project. (Proffered Condition 27) Architectural Treatment: The applicant has proffered that all exposed portions of the dwelling foundations will be covered with brick, stone or dryvit type materials. (Proffered Condition 8) Restrictive Covenants: 15 00SN0111/WP/DEC 15K Further, in conjunction with the recordation of each plat, covenants will be recorded addressing the minimization of the view of garage doors from streets as well as the surface treatment of chimneys (Proffered Condition 9). It should be noted that the County will not be responsible for the enforcement of the covenants. Rather, the County will only be responsible for insur'mg that the covenants are recorded. Once recorded, the covenants can be changed or modified. Tree Preservation and Common Areas: The Zoning Ordinance does not require the maintenance of vegetation between residentially-zoned properties. The applicant has proffered to retain a thirty (30) foot strip of trees on Parcels B and C adjacent to Winterfield Ridge, Salisbury, Cross Creek, Brookstone and Robious Forest Subdivisions. This tree preservation strip would preclude the removal ofhealthy trees that am eight (8) inches in caliper or greater except where necessary for utility easements and stub road connections for emergency and public access. (Proffered Condkion 10) In an attempt to insure proper long term maintenance, any common areas which may include but not be limked to, sidewalks, pedestrian paths and BMP's, will be conveyed to a homeowners' association. (Proffered Condkion 26) Phasing: To address concems relative to the overall impact of this development, the applicant has addressed phasing of this development. The applicant has proffered that no certificates of occupancy will be issued prior to January 1, 2001 (Proffered Condition 23). Proffered Condition 24 addresses the number of certificates of occupancy that can be issued prior to June 30, 2002. Proffered Condition 25 regulates the number of lots that may be recorded prior to July 1, 2000 and each subsequent year thereafter until the year 2006, representing the earliest date of the development's completion. CONCLUSIONS The proposed zoning and land use conforms to the Old Gun/Robious Area Plan which suggests the property and surrounding area is appropriate for residential development of one (1) dwelling unit per acre or less. In addkion, the proposed zoning and land use is representative of existing and anticipated area residential development. The proffered conditions further address issues related to, but not limited to, the phasing of development; compatibilky in lot and dwelling sizes with area development; and provision of pedestrian/bicycle paths to enhance the accessibilky to area public facilkies and within the development. Many of these proffers resulted from concems expressed by area residents at meetings with the developer. However, as noted herein, based on the cash proffer policy, staffconcludes that the proffered conditions do not fully offset the impact of the development on capital facilities. As previously indicated, the policy does allow the Planning Commission and the Board of Supervisors to consider unique circumstances 16 00SN0111/WP/DEC 15K relative to this development and conclude that the proffered conditions do fully offset the impact of the development on capital facilities. It is recommend that prior to such a determination that staff evaluate the environmental assessment and make a recommendation to the Commission and Board on the advisability of acceptance of the land proposed to be dedicated. CASE HISTORY Applicant (11/15/99): Revised proffers were submitted to correct typographical errors; address modification of tidal and non-tidal wetlands; prohibk construction access through Cross Creek Subdivision; and limit direct access from the property to the south line of Robious Road to one (1) point ifa public road is provided through Brookstone Subdivision. Planning Commission Meeting (11/16/99): The applicant accepted the recommendation. There was no opposition present. Mr. Shewmake noted that the proffered dedication of fu2y-five (55) acres would triple the existing size of the adjoining Robious Landing Park and ks associated water frontage on the James River. In response to a question from Mr. Shewmake, Allan Carmody, Budget and Management, indicated that by using the sales price associated with the County's purchase of the adjacent Robious Landing Park property as a baseline, the value of the proposed land dedication would fully mitigate the development's impact on the County's capital facilities. On motion of Mr. Shewmake, seconded by Mr. Cunningham, the Commission recommended approval of this request and acceptance of the proffered condkions on pages 2 through 7. AYES: Messrs. Miller, Cunningham, Marsh and Shewmake. ABSENT: Mr. Gulley. The Board of Supervisors, on Wednesday, December 15, 1999, beginning at 7:00 p.m., will take under consideration this request. 17 00SN0111/WP/DEC 15K Case #: 00SNO111 Rezoning: ~ Ato R-15 ~ A to R-25 Sheet #: 1 ! 0051'~0111-1 00SN0111 In Midlothian Magisterial District, BROOKSTONE ASSOCIATES, L. C. requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R 15) of 185 acres and to Residential (R 25) of 306 acres. Single family residential uses are planned. Residential use of up to 2.9 units per acre is permitted in a Residential (R 15) District and up to 1.74 units per acre in a Residential (R 25) District. The Comprehensive Plan suggests the property is appropriate for residential use of 1.0 unit per acre or less. This request lies on 491 acres fronting approximately 2,400 feet on the south line of Robious Road, also fronting approximately 2,100 feet on the north line of Robious Road approximately 400 feet west of Robious Forest Way, south of, and adjacent to, the James River. Tax ID 726 724 1420 (Sheet 1). Mr. Jacobson presented a summary of Case 00SN0111 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the 01d Gun/Robious Area Plan. Mr. Andy Scherzer, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Barber, seconded by Mr. McHale, the Board approved Case 00SN0111 and accepted the following proffered conditions: 12/15/99 99 967 For the purposes of these proffers, the "Plan" shall be the plan prepared by Balzer and Associates, Inc., entitled "Ashinoff Tract" and dated October 29, 1999. (P) A maximum of 450 dwelling units shall be permitted. (P) Ail lots on Parcel A (R 15) shall have a minimum 110 foot lot width and shall have a minimum lot size of 22,000 square feet. (P) The gross floor area of each one story dwelling unit within Parcel A shall have a minimum of 2200 square feet. The gross floor area of all other dwelling units within Parcel A shall have a minimum of 2500 square feet. (P) The gross floor area of each one story dwelling unit within Parcel B shall have a minimum of 2500 square feet. The gross floor area of all other dwellings units within Parcel B shall have a minimum of 2700 square feet. Ail dwelling units located on lots abutting Brookstone Subdivision shall be one and one half stories or greater in height and contain a minimum gross floor area of 2700 square feet. (P) Within that area designated as Parcel C, and within 400 feet of Salisbury, Cross Creek and Robious Forest Subdivisions, and Tax ID # 722 720 0108, 0794, 0079 and 8360, development shall conform to the requirements of the Residential (R 40) District. The boundaries of Parcel C shall be as generally shown on the "Plan"; provided, however, that the exact boundaries shall be determined at the time of tentative subdivision review. Under any circumstances, Parcel C shall have a minimum of 250 acres provided, however, that the acreage may be decreased by a maximum of ten (10) percent based upon topographical or other natural features which would provide a logical delineation between the different parcels. No lot shall be located within more than one (1) Parcel (i.e. Parcels B and C). Specifically, any lot within Parcels B or C shall be located entirely within the boundaries of either Parcel B or C. (P) The gross floor area of each one story dwelling unit within Parcel C shall have a minimum of 2700 square feet. The gross floor area of all other dwelling units within Parcel C shall have a minimum of 3000 square feet. (P) Ail exposed portions of the foundation of each dwelling shall be covered with brick or stone veneer or drivit t~rpe materials. (P) In conjunction with the recordation of the each subdivision plat, covenants shall be recorded which state the following: a. Ail dwellings that provide a garage shall employ 12/15/99 99 968 1© 11 12 13 14 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 the view of garage doors from the street is minimized through means such as, but not limited to, the positioning of the driveway, landscaping and/or natural vegetation. b. The exposed surfaces of all exterior chimneys shall be faced with brick, drivit or stone veneer. (P) A thirty (30) foot tree preservation strip, exclusive of required yards, shall be maintained on Parcels B and C adjacent to Salisbury, Cross Creek, Brookstone and Robious Forest Subdivisions. Utility easements, the emergency access from Cross Creek Subdivision (Proffered Condition 12), and the possible stub road extension from Brookstone, all of which shall cross this strip in a perpendicular fashion, shall be permitted in the tree preservation strip. Any healthy trees that are eight (8) inches in caliper or greater shall be retained within this tree preservation strip except where removal is necessary to accommodate the improvements permitted by the preceding sentence. This condition shall not preclude the removal of vegetation from the tree preservation strip that is unhealthy, dying or diseased. (P) Pedestrian/bike paths shall be provided throughout the project to accommodate access to the County Park and the elementary and high schools located adjacent to this project. In conjunction with the first tentative subdivision plan submission, an overall conceptual plan depicting this requirement shall be submitted to the Planning Department for review and approval. The exact treatment and location of these paths shall be reviewed and approved by the Planning Department at time of each tentative subdivision review. (P & R,S) No public road connection shall be provided from Parcels B or C to Cross Creek Subdivision. An emergency access shall be provided from the southern terminus of Crossings Ridge Drive within Cross Creek, Section C, as shown on the '~Plan". This access shall be constructed to accommodate access in case of emergency (support fire and rescue vehicles) and shall be gated to preclude its use other than by emergency vehicles, pedestrians or bicycles. The exact design of this access shall be reviewed and approved by the Fire and Planning Departments at the time of tentative subdivision review. (P & F) No construction access shall be permitted through Cross Creek Subdivision or Brookstone Subdivision. (P) Direct access from the Property to Robious Road shall be limited to a maximum of four (4) public roads. Two (2) of these public road accesses shall serve the 12/15/99 99 969 16 18 19 2O property north of Roblous Road (Parcel A) and two (2) of these public road accesses shall serve the property south of Robious Road (Parcels B and C). The exact location of these accesses shall be approved by the Transportation Department. If a public road access is provided through the Brookstone Subdivision, via Arborcraft Drive, to serve the property south of Robious Road (Parcels B and C), direct access from Parcels B and C to Robious Road shall be limited to one (1) public road. (T) Prior to any tentative subdivision approval, a revised centerline, based on VDOT Urban Minor Arterial Standards (50 MPH) with modification approved by the Transportation Department, for Robious Road shall be submitted to and approved by the Transportation Department. In conjunction with recordation of the first subdivision plat, forty five (45) feet on the north and south sides of Robious Road measured from the approved revised centerline of that part of Robious Road immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) To provide an adequate roadway system at the time of complete development, the Developer shall be responsible for the following: a. Construction of additional pavement along Robious Road at the approved accesses to provide left and right turn lanes, based on Transportation Department standards. b. Relocation of the ditch to provide adequate shoulder along the north and south sides of Robious Road for the entire Property frontage; and Dedication to Chesterfield County, free and unrestricted, any additional right of way (or easements) required for the road improvements identified above. (T) Prior to any construction plan approval, a phasing plan for the required roadway improvements, as identified in Proffered Condition 16 above, shall be submitted to and approved by the Transportation Department. (T) The public water and wastewater systems shall be used. (u) 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 and land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) Any open basins required for water quantity or quality control shall be designed as wet ponds and shall be landscaped or otherwise improved so that the facilities 12/15/99 99 970 21 22 23 24 25 become visual enhancements to, and amenities for, the uses developed on the Property. The landscaping plan for such ponds shall include landscaping adjacent to the ponds. At the time of tentative subdivision submission, a plan depicting these requirements shall be submitted to the Planning and Environmental Engineering Departments for review and approval. (P & EE) 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. $4,000.00 per dwelling unit if paid prior to 1 July 2000; or b. The amount approved by the Board of Supervisors not to exceed $4,000.00 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between 1 July 1999 and 1 July of the fiscal year in which the payment is made if paid after 30 June 2000. The per dwelling unit cash proffer amount will be pro rated among schools, roads, libraries, and fire station facilities by the County's Department of Budget and Management. 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 substitutes for cash proffers for roads, schools, parks, libraries, and/or fire stations prior to the issuance of the 450th building permit, the amount paid in cash proffers shall be in lieu of or credited toward any such substitute fees at the determination of the County. (B & M) In conjunction with the recordation of the first subdivision plat, approximately fifty five (55) acres, adjacent to the James River and Robious Landing Park as shown on the "Plan", shall be dedicated, free and unrestricted, except as qualified herein, to and for the benefit of Chesterfield County. The exact boundary and acreage will be determined at the time of tentative subdivision review and approval. (P & R, S) No certificates of occupancy shall be issued before January 1, 2001. (P) A maximum of 150 certificates of occupancy shall be issued prior to June 30, 2002. (P) Development on the Property (Parcels A, B and C) shall be phased as follows: 12/15/99 99 971 b. be c. No be d. No be e. No be f. No be g. No be No more than a cumulative total of seventy five (75) lots shall be recorded prior to July 1, 2000. No more than cumulative total of 150 lots shall recorded prior to January 1, 2001. more than a cumulative total of 210 lots shall recorded prior to January 1, 2002. more than a cumulative total of 270 lots shall recorded prior to January 1, 2003. more than a cumulative total of 330 lots shall recorded prior to January 1, 2004. more than a cumulative total of 390 lots shall recorded prior to January 1, 2005. more than a cumulative total of 450 lots shall recorded prior to January 1, 2006. (P) 26 Common areas and ownership of property not contained in lots or streets conveyed to individual owners shall comply with Section 19 105 (n) of the Zoning Ordinance. (P) 27 The developer shall be responsible for notifying by registered, certified or first class mail, the last known representative on file with the County Planning Department of the Salisbury, Cross Creek, Brookstone and Robious Forest Subdivisions and the owners of record for Tax ID 722 720 0108, 0794, 0079 and 8360, of the submission of any tentative subdivision plan. Such notification shall occur as soon as practical, but in no event less than twenty one (21) days prior to approval or disapproval of the plan. The developer shall provide the Planning Department with an affidavit that such notice has been sent. (P) 28 No draining, ditching or other modification of tidal or non tidal wetlands, as defined by the Corps of Engineers, shall take place without the prior approval of the Department of Environmental Engineering. (EE) Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 12/15/99 99 972