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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
lOSN0142
(AMENDED)
Carrie E. Coyner
Tlanoml,or 1 S ~nno rpr
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April 28, 2010 BS
Matoaca Magisterial District
Watkins Elementary; Midlothian Middle; and Midlothian High Schools Attendance Zones
West line of Old Hundred Road
RE VEST I: (Amended) Amendment to zoning (Case 89SN0354) relative to buffer
requirements on 165.5 acres. Specifically, deletion of Condition 1 is proposed
to eliminate buffer requirements on property zoned with Case 89SN0354.
RE VEST II: (Amended) Amendment to zoning (Case 89SN0354) relative to density on
146.5 acres. Specifically, an amendment to Proffered Condition 5 is proposed
to remove density restrictions on the eastern portion of the undeveloped
property zoned with Case 89SN0354.
RE VEST III: (Amended) Conditional Use on 554.5 acres is proposed to permit community
recreational use in a Residential (R-15) District.
PROPOSED LAND USE:
Single family residential and community recreational uses are planned. The
request property is currently zoned to permit a maximum of 800 lots. (Case
89SN0354 permits a maximum of 350 lots and Case 03SN0124 permits a
maximum of 450 lots.) Proposed amendments would delete a buffer requirement
on recorded lots and undeveloped property along the northern and southern
boundaries of the portion of the request property zoned with Case 89SN0354, and
would eliminate a restriction on the number of lots permitted on the undeveloped
eastern portion of the part of the request property zoned with Case 89SN0354.
The maximum permitted density would not increase with approval of these
amendments.
Providing a FIRST CHOICE community through excellence in public service
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS AND ACCEPTANCE OF
THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 4.
AYES: MESSRS. BROWN, HASSEN, BASS AND WALLER.
ABSENT: MR. GULLEY.
STAFF RECOMMENDATION
Requests I and II: Recommend approval of amendment to zoning (Case 89SN0354) relative
to buffers and density for the following reason:
Condition 1 (buffers) and Proffered Condition 5 (density allocations
within the development) were negotiated with owners of area properties
which were zoned Agricultural (A) when the subject property was
originally zoned. Since that time, adjacent properties have been rezoned
residentially; therefore, deletion of buffer requirements and eliminating
the density restriction on the eastern portion of the property would be
appropriate.
Re uest III: Recommend approval of Conditional Use to permit recreational use in a
Residential (R-15) District for the following reasons:
A. The recreational facilities will provide for neighborhood amenities
for area residential development.
B. The proffered condition addresses land use compatibility between
the proposed uses and area residential development. (Proffered
Condition 2)
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION.)
CONDITIONS
(STAFF/CPC) 1. With the approval of this request, Condition 1 (pertaining to
buffers) of Case 89SN0354 shall be deleted for Tax IDs 713-697-
2740, 3955, 5464, 6081 and 6696; 713-698-7012, 7633, 8049,
8663, 8978 and 9896; 714-699-0616, 0735, 0750, 0862, 2778 and
4697; 714-700-6005 and 7711; and 714-701-2019. (P)
(STAFF/CPC) 2. With the approval of this request, Proffered Condition 5
(pertaining to density) of Case 89SN0354 shall be modified, as
stated in Proffered Condition 1, for Tax ID 714-701-2019. (P)
2 10SN0142-APR28-BOS-RPT
(Note: Except as modified herein, all other conditions of Case 89SN0354
remain in force and effect.)
PROFFERED CONDITIONS
The Applicant in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or
assigns, proffers that the development of the property as identified in the application, and subject
to the conditions and provisions of Case No. 89SN0354 and Case No. 03SN0124, if previously
applicable, and subject to the conditions and provisions as set forth below; however, in the event
the request is denied or approved with conditions not agreed to by the Applicant, these proffers
and conditions as set forth below shall be immediately null and void and of no further force or
effect.
The Applicant includes Tax IDs 713-697-2740, 3955, 5464, 6081, 6696; 713-698-7012, 7633,
8049, 8663, 8978, 9896; 714-699-0616, 0735, 0750, 0862, 2778, 4697; 714-700-6005 and 7711;
and 714-701-2019 to remove the buffer condition as set forth as Condition 1 of Zoning Case No.
89SN0354. The Applicant includes Tax IDs 714-701-2019 to amend Proffered Condition 5 of
Zoning Case No. 89SN0354 as to the specified property. The Applicant includes Tax IDs 714-
700-7711; 714-700-6005; 714-699-4697, 0862, 0616; 713-698-8663, 8049; 713-697-6081; 710-
696-7117; 714-701-2019; and 712-697-6782 to request a Conditional Use to permit recreational
facilities subject to the conditions set forth herein below, hereinafter referred to as the
"Recreation Properties."
The following condition shall apply to Tax ID 714-701-2019:
(STAFF/CPC) 1. The maximum density of this development shall not exceed 210
lots. Only access(es) approved by the Transportation Department
shall be permitted to Old Hundred Road. (P & T)
(Staff Note: Proffered Condition 1 modifies Proffered Condition 5 of
Case 89SN0354.)
The following condition shall apply to Tax IDs 714-700-7711; 714-700-6005; 714-699-4697,
0862, 0616; 713-698-8663, 8049; 713-697-6081; 710-696-7117; 714-701-2019; and 712-697-
6782:
(STAFF/CPC) 2. Any recreational facilities shall be subject to the following
restrictions:
a. Outside public address systems or speakers shall not be
used between the hours of 11:00 p.m. and 8:00 a.m. and
shall only be used in conjunction with a swimming pool.
b. With the exception of playground areas which
accommodate swings, jungle gyms, or similar such
facilities, all outdoor play fields, courts, swimming pools
3 10SN0142-APR28-BOS-RPT
and similar active recreational areas shall be located a
minimum of fifty (50) feet from any proposed or existing
single family residential lot line and a minimum of fifty
(50) feet from any existing or proposed public road.
c. Within the fifty (50) foot setback, a fifty (50) foot buffer
shall be provided along the perimeter of all active
recreational facilities except where adjacent to any existing
or proposed roads. This buffer shall conform to the
requirements of the Zoning Ordinance for fifty (50) foot
buffers.
d. Any playground areas (i.e., areas accommodating swings,
jungle gyms or similar such facilities) shall be located a
minimum of forty (40) feet from all property lines. A forty
(40) foot buffer shall be provided along the perimeter of
these recreational facilities except where adjacent to any
existing or proposed roads. This buffer shall conform to the
requirements of the Zoning Ordinance for fifty (50) foot
buffers.
e. In conjunction with the recordation of any lot adjacent to
active recreational area(s), such area(s) shall be identified
on the record plat along with the proposed recreational uses
and required conditions.
GENERAL INFORMATION
T ,ncati nn
West line of Old Hundred Road, south of Scottwood Road. Tax IDs 710-696-7117; 712-
697-6782; 713-697-2740, 3955, 5464, 6081 and 6696; 713-698-7012, 7633, 8049, 8663,
8978 and 9896; 714-699-0616, 0735, 0750, 0862, 2778 and 4697; 714-700-6005 and
7711; and 714-701-2019.
Existing Zoning:
R-15
Size:
565.5 acres
Existing Land Use:
Single family residential and vacant
4 10SN0142-APR28-BOS-RPT
Adjacent Zoning and Land Use:
North and West - A and R-TH; residential or vacant
South and East - A, R-12 and R-40; residential or vacant
T TTTT ,TTTF.~
Public Water System:
The request site is within the Old Hundred Road PRV Water Pressure Zone. Connection to
the public water system is a required by County Code, as well as by conditions of Case
89SN0354 and Case 03SN0124.
Public Wastewater System:
The request site is within the Upper Swift Creek Sewer Service Area. Use of the public
wastewater system is required by County Code, as well as by conditions of Case 89SN0354
and Case 03 SNO 124.
ENVIRONMENTAL
This request will have a minimal impact on these facilities.
PUBLIC FACILITIES
The need for schools, parks, libraries, fire stations, and transportation facilities in this area is
identified in the County's adopted Public Facilities Plan, Thoroughfare Plan and Capital
Improvement Program and further detailed by specific departments in the applicable sections of
this request analysis.
Fire Service, Libraries and County Transportation:
This request will have a minimal impact on these facilities.
~ch~~l~~
There is no change from the number of students from the previous request. This site lies
in the Watkins Elementary School attendance zone: capacity - 739, enrollment - 929;
Midlothian Middle School zone: capacity - 1,269, enrollment - 1,204; and Midlothian
High School zone: capacity - 1,621, enrollment - 1,411. The enrollment is based on
September 30, 2009 and the capacity is as of 2008-2009.
This will not have a minimal impact on schools. There are currently nine (9) trailers at
Watkins Elementary and eleven (11) at Midlothian Middle. This case is in the Upper
Swift Creek area.
5 10SN0142-APR28-BOS-RPT
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) regional, seven (7) community
and twenty-nine (29) neighborhood parks by 2020. In addition, there is currently a
shortage of community and neighborhood park acreage in the county. The Public
Facilities Plan identifies a need for 354 acres of regional park space, 252 acres of
community park space and 199 acres of neighborhood park space by 2020. The Plan also
identifies the need for linear parks and resource based-special purpose parks [historical,
cultural and environmental] and makes suggestions for their locations. The Plan also
addresses the need for addition of recreational facilities to include sports fields, trails,
playgrounds, court games, senior centers and picnicking area/shelters at existing parks to
complete build-out. The Plan also identifies the need for water access and trails along the
James and Appomattox Rivers and their major tributaries, and Swift and Falling Creeks.
Co-location with middle and elementary schools is desired. This request will a minimal
impact on these facilities.
Virginia Department of Transportation (VDOT):
VDOT has no comment on this case.
Financial Impact on Capital Facilities: PER UNIT
Potential Number of New Dwelling
Units 350 1.00
Population Increase 93 8.00 2.68
Number of New Students
Elementary 77.00 0.22
Middle 42.00 0.12
High 56.00 0.16
TOTAL 175.00 0.50
Net Cost for Schools $3,200,050 $9,143
Net Cost for Parks 429,450 1,227
Net Cost for Libraries 103,250 295
Net Cost for Fire Stations 214,900 614
Average Net Cost for Roads 4,981,200 14,232
TOTAL NET COST $8,928,850 $25,511
~ Based on the total number of recorded lots (140 lots) plus the proffered maximum number of
lots (210 lots) (Proffered Condition 1). The actual number of dwelling units and corresponding
impact may vary.
6 10SN0142-APR28-BOS-RPT
This case has been evaluated under the existing cash proffer policy. It has been determined that
the request for amendments to Case 89SN0354 relative to the removal of Proffered Condition 1
and changes to Proffered Condition 5 will result in no increase in the proffered maximum
density. Therefore, there is no increased fiscal impact.
T , ANn T T~F,
Comprehensive Plan:
Lies within the boundaries of the Upper Swift Creek Plan Amendment which suggests
the property is appropriate for residential use of 2.0 units per acre of less and
conservation/recreationuse.
Area Development Trends:
The area is characterized by residential and agricultural zoning and is occupied by
residential use or is vacant.
Zonin H.~ istory:
Rezoning of the northern portion of the property (the portion on which the amendment to
zoning is requested) from Agricultural (A) to Residential (R-15) was approved by the
Board of Supervisors, with a recommendation of denial by the Planning Commission, on
November 27, 1991. Conditions limited development to a maximum of 350 lots with a
limitation that only 132 of those lots would be permitted on generally the eastern half of
the property, required buffers to be maintained along Old Hundred Road and the northern
and southern boundaries adjacent to properties zoned Agricultural (A), and required
specific road improvements and use of public utilities.
Rezoning of the southern portion of the request property from Agricultural (A) to
Residential (R-15) (Case 03 SNO 124) was approved by the Board of Supervisors, upon a
favorable recommendation by the Planning Commission, on January 22, 2003.
Conditions of approval limited development to a maximum of 450 lots and addressed,
although not exclusively, minimum lot and house sizes and foundation treatments, and
required specific road improvements and use of public utilities. This zoning approval did
not include approval of a conditional use to permit community recreational use; therefore,
this property is included in the current request seeking approval of a conditional use to
permit community recreational use to serve surrounding residential development.
Density:
With Request II, the applicant seeks approval of a modification to Proffered Condition 5
of Case 89SN0354 to eliminate the limitation on the number of dwelling units that may
be located generally on the eastern half of the undeveloped portion of the request
property zoned with Case 89SN0354. There are currently 140 lots recorded within the
first phase of the Hallsley development. Proffered Condition 1 would limit development
of the remainder or undeveloped portion of the property zoned with Case 89SN0354 (Tax
7 10SN0142-APR28-BOS-RPT
ID 714-701-2019) to 210 units; therefore the maximum density would remain at 350 lots
for the entire property zoned with Case 89SN0354. With the approval of this request, the
density restriction which permitted only 132 lots on the eastern half of the property would
be deleted. The current condition (Proffered Condition 5 of Case 89SN0354) which
requires this density restriction was negotiated with owners of adjacent properties who at
that time had agricultural zoning. The proffer addressed their concerns relative to
preserving lower density development in the eastern half of the Hallsley development.
These adjacent properties have subsequently been rezoned to Residential (R-15);
therefore, it would be appropriate to eliminate the density restriction on the undeveloped
portion of the property zoned with Case 89SN0354.
Buffers:
With Request I, the applicant seeks to delete Condition 1 of Case 89SN0354 which
requires buffers along Old Hundred Road and along the northern and southern boundaries
of the property zoned with that case. This buffer condition was imposed to address
concerns of owners of adjacent properties that were zoned Agricultural (A) when this
property was originally zoned. Those adjacent properties have subsequently been rezoned
to Residential (R-15), therefore, it would be appropriate to delete the buffer requirement.
The Subdivision Ordinance would require buffers adjacent to public rights-of way, such
as Old Hundred Road.
Recreational Use:
The proposed recreational use could include swimming pools, play fields and courts,
playgrounds and other recreational uses primarily for use by residents in the adjoining
residential developments. Limitations on the use as outlined in Proffered Condition 2
will minimize the impact of these facilities on future residents in the area and are similar
to conditions imposed on other proj ects.
CONCLUSIONS
This request includes three (3) parts. The first part of this request (Request I) is an amendment
to zoning (Case 89SN0354) to delete buffer requirements. The second part is a request (Request
II) to modify a density restriction on the eastern half of the property. These restrictions were
negotiated with owners of area properties that were zoned Agricultural (A) when the property
was originally zoned. Since that time, adjacent properties have been rezoned residentially as part
of the Hallsley development. It is important to note, that if this request is approved, the
maximum density permitted by Case 89SN0354 would not be increased. Therefore, approval of
Request I to delete buffer requirements and Request II to eliminate the density restriction on the
eastern portion of the property would be appropriate.
The third part (Request III) is a request for conditional use to permit community recreational use.
The proposed use will provide for neighborhood amenities for area residential development. The
proffered condition addresses land use compatibility between the proposed uses and area
residential development (Proffered Condition 2). Therefore, approval of Request III to permit
community recreational use would be appropriate.
8 10SN0142-APR28-BOS-RPT
CASE HISTORY
Planning Commission Meeting (12/15/09):
On their own motion, the Commission deferred this case to their February 16, 2010
public hearing.
Staff (12/16/09)
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than December 23, 2010 for consideration at the
Commission's February public hearing.
Applicant (1 /8/ 10,1 /12/10 and 1 /27/ 10)
The applicant amended the application to include additional properties and submitted
revised proffered conditions.
Planning Commission Meeting (2/16/10):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Bass, seconded by Mr. Hassen, the Commission recommended
approval subject to the conditions and acceptance of the proffered conditions on pages 2
through 4.
AYES: Messrs. Brown, Hassen, Bass and Waller.
ABSENT: Mr. Gulley.
Board of Supervisor's Meeting (3/10/10):
Mrs. Durfee noted concerns with the request to remove the buffer. On their own motion,
the Board deferred this case to their April 28, 2010 public hearing.
9 10SN0142-APR28-BOS-RPT
Staff (3/11/10):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than March 15, 2010 for consideration at the Board's April
28, 2010 public hearing.
Staff (3/18/10):
To date, no new or revised information has been received.
The Board of Supervisors, on Wednesday, April 28, 2010, beginning at 6:30 p.m., will take
under consideration this request.
10 10SN0142-APR28-BOS-RPT
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