00SN0264-DEC20G.pdfDecember 20, 2000 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
00SN0264
Roslyn Parmers L.C.
Dale Magisterial District
West line Newbys Bridge Road
REQUEST: Rezoning from Agricultural (A) to Residential (R-12).
PROPOSED LAND USE:
A single faimly residential subdivision with a minimum lot size of 14,970 square
feet is planned. The applicant has agreed to limit the development to a maximum
of forty-six (46) lots, yielding a density of approximately 2.4 dwelling units per
acre.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 6.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land use conforms to the Central Area Plan which
suggests the property is appropriate for residential use of 1.0 to 2.5 dwelling units
per acre.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
The development standards of the Zoning Ordinance and proffered conditions
further ensure land use compatibility with area residential development.
The proffered conditions adequately 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, fire
stations and transportation facilities is identified in the County's adopted Public
Facilities Plan, FY 2001-2005 Capital Improvement Program and Th~
Plan and the impact of this development is discussed herein. The proffered
conditions adequately mitigate the impact on these capital facilities and thereby
ensure that adequate service levels are maintained as necessary to protect the
health, safety and welfare of County citizens.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. THE CONDITIONS
NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE
COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY
BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC) 1.
Prior to final check plat approval, a revised centerline, based on
VDOT's Minor Arterial Standards (50 MPH) for Newby's Bridge
Road, shall be submitted to and approved by the Transportation
Department. In conjunction with recordation of the first subdivision
plat, or within sixty (60) days from a written request by the County,
whichever occurs first, forty-five (45) feet of right-of-way on the
west side of Newby's Bridge Road, measured from the approved
revised centerline of that part of Newby's Bridge Road immediately
adjacent to the property, shall be dedicated, free and unrestricted,
to and for the benefit of Chesterfield County. (T)
(STAFF/CPC) 2.
Access to the property from Newby's Bridge Road shall be limited
to one (1) public road. The exact location of this access shall be
approved by the Transportation Department. (T)
(STAFF/CPC) 3.
To provide an adequate roadway system at time of complete
development, the developer shall be responsible for the following:
(a)
Construction of additional pavement along Newby' s Bridge
Road at the approved access to provide left and right turn
2 00SN0264/WP/DEC20G
lanes, if warranted based on Transportation Department
Standards;
(b)
Relocation of the ditch to provide an adequate shoulder
along the west side of Newby's Bridge Road for the entire
property frontage; and
(c)
Dedication to and for the benefit of Chesterfield County,
free and unrestricted, any additional right of way (or
easements) required for the road improvements identified
above. (T)
(STAFF/CPC)
Prior to any road and drainage plan approval, a phasing plan for the
required road improvements, identified in Proffered Condition 3,
shall be submitted to and approved by the Transportation
Department. (T)
(STAFF/CPC)
The applicant, subdivider, or assignee(s) shall pay the following to
the County of Chesterfield prior to the time of building permit
application for infrastructure improvements within the service
district for the property:
(a) $7,800 per lot, if paid prior to July 1, 2001; or
6o)
The amount approved by the Board of Supervisors not to
exceed $7,800 per lot adjusted upward by any increase in
the Marshall and Swift Building Cost Index between July 1,
2000, and July 1 of the fiscal year in which the payment is
made if paid after June 30, 2001.
(c)
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. (B&M)
(STAFF/CPC)
6. Public water and sewer shall be used. (U)
(STAFF/CPC)
Except for timbering approved by the Virginia 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 have been installed. (EE)
(STAFF/CPC)
8. The maximum number of lots shall be forty-six (46). (P)
3 00SN0264/WP/DEC20G
(STAFF/CPC) 9. The minimum gross floor area of all dwelling units shall be:
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
10.
11.
12.
13.
14.
One story 1,600 square feet.
More than one story 1,800 square feet. (P)
A fifty (50) foot buffer shall be maintained adjacent to the right of
way of Newby's Bridge Road. With the exception of a public road
and utilities which mn generally perpendicular in the buffer, there
shall be no facilities permitted in the buffer. This buffer shall be
exclusive of the required yards. The exact treatment of this buffer
shall be determined at the time of tentative subdivision review. (P)
All lots shall be a minimum of 14,970 square feet. (P)
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
amen/ties 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.
(EE & P)
All principal dwellings shall be set back a minimum of 100 feet
from the normal water surface of any above-ground BMP (Best
Management Practice). (EE)
The following Declaration of Restrictions shall be recorded in
conjunction with the recordation of any subdivision plat. Further,
these restrictive covenants shall not be changed or amended until a
minimum of 51 percent of the occupancy permits have been issued.
Upon issuance of 51 percent of the occupancy permits, the
covenants may be changed or amended by a simple majority vote of
the members of the homeowners association.
The Owners hereby declare that said property is to be held, owned,
conveyed, used and occupied subject to the following restrictive
covenants, which covenants may be added to by the Owners but not
reduced in requirements by the Owners:
No nuisance shall be permitted to exist or operate upon any
of the Properties so as to jeopardize property values.
~ 4 00SN0264/WP/DEC20G
No lot shall be further subdivided or separated into smaller
Lots by any Owner, and no portion less than all of any such
Lot, nor any easement or other interest therein, shall be
conveyed or transferred by an Owner, provided that this
shall not prohibit deeds of correction, deeds to resolve
boundary line disputes and similar corrective instruments,
easements to public agencies or authorities, or for utilities.
An Architectural Review Board comprised of three (3)
members shall be appointed by the Developer, his
successors or assigns, and shall be composed as follows:
O)
(2)
(3)
Developer
An architect and/or engineer
Until 25 percent of the occupancy permits have been
issued, either a member of the Jacobs Glenn
Homeowner's Association or a member of the
Newby's Bridge Coalition shall be a member. Once
more than 25 percent of the occupancy permits have
been issued, the Jacobs Glenn Homeowner's
Association/Newby's Bridge Coalition member may
be replaced by a homeowner of the subdivision.
The names of the Architectural Review Board will be
recorded with these covenants. The Architectural Review
Board shall coordinate each residence and lot and shall
establish reasonable rules and regulations relating to the
procedure for architectural approvals and general guidelines
for architectural plans according to specifications to be
determined by such Board after its appointment. The
guidelines and so forth shall be called "Architectural
Review" and attached to these restrictive covenants.
No improvements, alterations, repairs, excavations, changes
in grade, or other work which in any way alters the exterior
of any Lot or the improvements located thereon from its
natural or improved state, existing on the date such property
was first subject to this Declaration, shall be made or done
without the prior approval of the Architectural Review
Board. No buildings, residence, or other structure, fence,
wall, or landscaping in lieu thereof shall be commenced,
erected, maintained, improved, altered, made or done on
5 00SN0264/WP/DEC20G
such property without the prior written approval of the
Architectural Review Board. (P)
(STAFF/CPC) 15.
No public road connection shall be provided to Andrews Ridge
Drive in the Jacobs Glenn Subdivision. 0~)
(STAFF/CPC) 16.
Stormwater shall be retained on site and released at the capacity of
the existing culvert at Newby's Bridge Road or improvements shall
be made to the culvert to meet current VDOT criteria. (EE)
GENERAL INFORMATION
Location:
West line of Newbys Bridge Road, north of Jacobs Road. Tax ID 759-683-1162 (Sheet
11).
Existing Zoning:
A
Size:
19.3 acres
Existing Land Use:
Vacant
A~acent Zoning and Land Use:
North - A; Single family residential
South - A; Single family residential
East - A; Single family residential
West - R-12; Vacant (being developed as Jacobs Glenn Subdivision, Section D)
UTILITIES
Public Water System:
There is an existing sixteen (16) inch water line extending along a portion of Newbys
Bridge Road and ending approximately 600 feet northeast of the request site. In
conjunction with the development of Jacobs Glenn Subdivision, Section D, an eight (8)
inch water line is intended along the proposed extension of Cindiwood Drive, and along
6 00SN0264/WP/DEC20G
a portion of the proposed Andrews Ridge Drive, to terminate adjacent to the western
boundary of the request site. This proposed utilities extension is now under construction.
Use of the public water system is intended and has been proffered. (Proffered Condition
6)
The extension of an eight (8) inch or twelve (12) inch water line along Newbys Bridge
Road to the southernmost property line of this site will be required and must be shown on
the tentative subdivision plan prior to approval of the plan.
The available fire flows for this development appears to be less than 1,000 gallons per
minute (g.p.m.) at 20 pounds per square inch (p.s.i.) residual. The extension of off-site
line(s) from the existing sixteen (16) inch water line where it ends in Newbys Bridge Road,
through the development, with tie-ins to the water lines now under construction in Jacobs
Glenn Subdivision, and/or upgrading of existing lines, will be necessary to address this
concern. Fire flow demands are established by the Fire Department.
Preliminary investigations indicate domestic (static) pressures will potentially be less than
40 p.s.i, for elevations within the development greater than 235 feet. The applicant's
engineer needs to further evaluate whether (individual) booster pump(s) are needed to
provide the desired level of water pressure to meet the domestic needs of this development.
Public Wastewater System:
There is an existing eight (8) inch wastewater collector extending along an easement
between Scouters Place and Conestoga Place in Cabin Creek Subdivision, approximately
1,500 feet north of the request site. An extension of this wastewater collector will be
necessary to serve the request site. Use of the public wastewater system is intended and has
been proffered. (Proffered Condition 6)
ENVIRONMENTAL
Drainage and Erosion:
There are no known, on- or off-site, erosion problems. All drainage from the development
will eventually drain through tributaries to Falling Creek. The property drains in several
directions. Some of the property drains to a low spot adjacent to Newbys Bridge Road.
There is a small culvert under Newbys Bridge Road and an existing drainage easement in
the low spot. At times of severe rains, water inundates the iow spot. This development
could result in additional flooding of Newbys Bridge Road unless improvements are made
to either retain water on-site or to the Newbys Bridge Road culvert. Specifically, the
applicant has proffered to retain water on-site so that the existing culvert meets Virginia
Department of Transportation (VDOT) drainage criteria for secondary roads or to enlarge
the culvert and perform necessary downstream improvements so the new culvert, in
7 00SN0264/WP/DEC20G
combination with road grade, meets VDOT secondary road criteria for providing
protection from flooding (Proffered Condition 16). Drainage away from the low spot will
not cause drainage problems, however, acquisition of off-site easements to the north may
be necessary.
As a result of area residents' concerns, the applicant has proffered conditions relating to
setbacks from any BMP. The Ordinance requires a fifty (50) foot setback from the 100
year floodplain. The proffers will require a 100 foot setback from the normal water
surface of any BMP (Proffered Condition 13). Should these standards conflict,
conformance with the worse case scenario will be required.
The applicant has proffered that, with the exception of timbering, which has been approved
by the Department of Forestry to remove dead or diseased trees, there will be no timbering
until a land disturbance permit has been obtained from the Environmental Engineering
Department (Proffered Condition 7). This will ensure that proper erosion control measures
are in place prior to any timbering and related land disturbance,
PU C 1ES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan. the Thoroughfare Plan and the FY 2001-2005 Capital Improvement Program. This
development will have an impact on these facilities.
Fire Service:
This property is currently served by the Manchester Fire/Rescue Station, Company
Number 2 and Manchester Rescue Squad. Based on forty-six (46) dwellings, this request
will generate approximately thirteen (13) emergency calls for fnce and rescue services each
year. The applicant has offered measures to assist in addressing the impact of this
development on fire and rescue services capital facilities. (Proffered Condition 5)
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.
At the time Jacobs Glenn, Section D was subdivided, a stub road, Andrews Ridge Drive,
was provided to the subject property. The intent of this stub road was to ultimately
provide a second means of access for emergency vehicles to Jacobs Glenn Subdivision.
The proffered conditions would preclude access from this development to Andrews Ridge
Drive (Proffered Condition 15). The prohibition of this road connection was prompted by
Jacobs Glenn residents' concerns that such a connection would result in cut through traffic.
While the Fire Department strongly recommends access from this development to Jacobs
Glenn primarily for the purpose of accommodating a second means of access for
8 00SN0264/WP/DEC20G
emergency vehicles to serve Jacobs Glenn, given existing area development, the access
could result in cut through traffic and violate the Planning Commission's stub road policy.
At the time of tentative subdivision review of the subject property, the Fire Department
will require connection to adjacent property to the north which is the subject of zoning
Case 00SN0266. That connection will provide addition access through the subject property
and the adjacent property where an emergency access is proposed to Jacobs Glenn
Subdivision.
Schools:
Approximately twenty-six (26) school age children will be generated by this development.
The site lies in the Jacobs Elementary School attendance zone: capacity - 750, enrollment -
720; Manchester Middle School attendance zone: capacity - 1,250, enrollment - 1,329;
and Manchester High School attendance zone: capacity - 2,000, enrollment - 2,241.
This development will have an impact on area schools. Currently, there are five (5)
trailers at Manchester Middle School and seventeen (17) trailers at Manchester. High
School. The applicant has agreed to participate in the cost of providing for area school
needs. (Proffered Condition 5)
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 a need for additional library space throughout the County. Taking
into account the additional space provided by the two (2) currently funded projects, the
new LaPrade and Chester Libraries, there is still a projected need for 55,000 additional
square feet of library space County-wide by 2015.
The proposed development would most likely affect the service area of the LaPrade
Library. The new LaPrade Library is currently under construction. The applicant has
agreed to participate in the cost of providing for area library needs. (Proffered Condition
5)
Parks and Recreation:
The Public Facilities Plan identifies the need for two (2) new regional parks in Chesterfield
County. In addition, there is a shortage of community park acreage in the northern area.
The Public Facilities Plan identifies a need for 120 acres of community park space by
2015. This development will have an impact on parks and recreational facilities. The
applicant has offered measures to assist in addressing the impact of this development on
these facilities. (Proffered Condition 5)
9 00SN0264/WP/DEC20G
Transportation:
The applicant has proffered a maximum density of forty-six (46) lots (Proffered Condition
8). Based on single family trip rates, development could generate approximately 510
average daily trips. These vehicles will be distributed along Newbys Bridge Road which
had a 2000 traffic count of 5,392 vehicles per day.
Included in the Virginia Depamnent of Transportation (VDOT) Six-Year Secondary Road
Improvement Plan are two (2) projects to reconstruct Newbys Bridge Road, as a two-lane
facility, from Walmsley Boulevard to Burnett Drive. Construction is anticipated to begin
in Fall of 2004. Based on State funding forecasts, these projects could be substantially
delayed.
The Jl~p2&10~gll~g~PJ~ identiftes Newbys Bridge 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
Newbys Bridge Road, in accordance with that Plal!. (Proffered Condition 1)
Access to major arterials, such as Newbys Bridge Road, should be controlled. The
applicant has proffered that one (1) public road access will be provided from the property
to Newbys Bridge Road. (Proffered Condition 2)
Mitigating road improvements must be provided to address the traffic impact of this
development. The applicant has proffered to construct additional pavement along Newbys
Bridge Road at the approved access to provide left and right turn lanes based on
Transportation Department standards, and relocate the ditch to provide an adequate
shoulder along the west side of Newbys Bridge Road for the entire property frontage.
(Proffered Condition 3)
The ~ identifies the need to improve existing road, as well as construct
new roads to accommodate growth. Area roads, such as Newbys Bridge Road, need to be
improved to address safety and accommodate the increase in traffic generated by this
development. The applicant has proffered a cash contribution towards addressing this
traffic impact. (Proffered Condition 5)
In conjunction with recordation of Jacobs Glenn Subdivision, a stub road right of way
(Andrews Ridge Drive) was provided to the subject property. Developing the subject
property with access via this stub road will increase the traffic volume not only along
Cindiwood Drive, which intersects Andrews Ridge Drive, but also along Jacobs Bend
Drive and Jacobs Glenn Drive in Jacobs Glenn Subdivision and along South Boones Trail
Road in Fernbrook Subdivision. Traffic generated from development of the subject
property must not increase traffic volumes along those subdivision streets in excess of the
acceptable level (1,500 vehicles per day) established by the Planning Commission's Stub
10 00SN0264/WP/DEC20G
Road Policy. Extension of the stub road (Andrews Ridge Drive) through the subject
property to Newbys Bridge Road would provide a potential "cut-through" route from
Newbys Bridge Road to Fordham Road. Traffic generated from development of the
subject property, plus anticipated cut-through traffic would increase the traffic volume on
the adjacent subdivision streets beyond the acceptable level. The applicant has proffered
that no public road co~mection will be provided from the property to Andrews Ridge
Drive. (Proffered Condition 15)
At time of tentative subdivision review, specific recommendations will be provided
regardh~g stub road right(s) of way to adjacent properties.
Financial Irapact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 46* 1.00
Population Increase 126.50 2.75
Number of New Students
Elementary 11.96 0.26
Middle 5.98 0.13
High 7.36 0.16
TOTAL 25.30 0.55
Net Cost for Schools 165,278 3,593
Net Cost for Parks 37,214 809
Net Cost for Libraries 11,684 254
Net Cost for Fire Stations 11,730 255
Average Net Cost for Roads 149,592 3,252
TOTAL NET COST 375,498 8,163
*Based on a proffered maximum of forty-six (46) dwelling units.
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 $8,163 per unit. The applicant has been advised that a maximum proffer of $7,800 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
! 1 00SN0264/WP/DEC20G
applicant has offered cash to assist in defraying the cost of this proposed zoning on such capital
facilities. (Proffered Condition 5)
Note that circumstances relevant to this case, as presented by the applicant, have been reviewed
and it has been determined that it is appropriate to accept the maximum cash proffer in this case.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan which suggests the property is
appropriate for residential use of 1.0 to 2.5 dwelling units per acre.
Area Development Trends:
The area is characterized by Agricultural (A) and Residential (R-9 and R-12) zoning and
has been developed for single family residential uses or remains vacant. Based upon the
adopted Plan, further residential development is anticipated in the area.
Site Design:
In response to area residents' concerns regarding potential cut-through traffic, the
applicant has agreed that there will be no public road connection to Jacobs Glenn
Subdivision (Proffered Condition 15). Primary access is proposed to Newbys Bridge
Road. At the time of tentative subdivision review, access will also be required to the
adjacent property to the north. The applicant has also agreed to limit development to a
maximum of forty-six (46) lots (Proffered Condition 8). This proposal would yield a
density of approximately 2.4 lots per acre which is within the range suggested by the
Central Area Plan.
House Size:
The applicant has proffered that the minimum gross floor area of one story dwellings
would be 1,600 square feet and for more than one story dwellings, 1,800 square feet
(Proffered Condition 9). This is consistent with the house size offered in Jacobs Glenn,
Section D.
Lot Size:
The applicant has agreed to a minimum lot size of 14,970 square feet (Proffered Condition
11). By comparison, while Jacobs Glenn, Section D must maintain an average minimum
lot size of 14,970 square feet based upon the proffers accepted at the time of zoning, the
12 00SN0264/WP/DEC20G
R-12 standards allow lots as small as 12,000 square feet. Jacobs Glenn, Section D has
been recorded with an approximate overall average lot size of 15,800 square feet.
Buffers:
The applicant has proffered to provide a fifty (50) foot buffer exclusive of required
setbacks adjacent to Newbys Bridge Road (Proffered Condition 10). This buffer will
minimize the impact of traffic on lots abutting the road.
Restrictive Covenants:
The applicant has agreed to record restrictive covenants (Proffered Condition 14). The
proffer would not allow the covenants to be modified until at least ftfty-one (51) percent
of the occupancy permits have been issued, and then with approval by a simple majority
vote of the members of the homeowners association. It should be noted that with the
exception of enforcing when the covenants may be changed or amended, the County will
not be responsible for enforcement of the covenants. Rather, the County will only be
responsible for insuring that the covenants are recorded.
CONCLUSIONS
The proposed zoning and land use conforms to the Central Area Plan which suggests the property
is appropriate for residential use of 1.0 to 2.5 dwelling units per acre. In addition, the
development standards of the Zoning Ordinance and proffered conditions further ensure land use
compatibility with area residential development.
The proffered conditions adequately 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, fire stations and transportation facilities is identified in the County's
adopted Public Facilities P1 , FY 2001-2005 Capital Improvement Program and Thoroughfare
Plan and the impact of this development is discussed herein. The proffered conditions adequately
mitigate the impact on these capital facilities and thereby ensure that adequate service levels are
maintained as necessary to protect the health, safety and welfare of County citizens.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (11/16/00):
The applicant accepted the recommendation. There was opposition present.
13 00SN0264/WP/DEC20G
Area residents expressed concerns relative to increased traffic; the impact of improvements
to Newbys Bridge Road on area properties; and the unenforceability of restrictive
covenants by the County. Concern was also expressed relative to the potential impact that
drainage from the development would have on the area. The applicant agreed to further
evaluate the drainage situation prior to the Board's public hearing.
On motion of Mr. Litton, seconded by Mr. Marsh, the Commission reconm~ended
approval of this request and acceptance of the proffered conditions on pages 2 through 6.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, December 20, 2000, beghming at 7:00 p.m., will take
under consideration this request.
14 00SN0264/WP/DEC20G
A
A
A
C
R-9
N
w~E 600
S
0 600 Feet
Case #: 00SN0264
Rezoning: A TO R-12
Sheet #: 11