98SN0157May 25, 1999 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
98SN0157
Rudolph Construction Company
Clover Hill Magisterial District
West line of Clintwood Road
REOUEST: Rezoning from Agricultural (A) and Residemial (R-7) to Residential (R-12).
PROPOSED LAND USE:
A single family residential subdivision is planned. The applicant has proffered a
minimum lot size of 15,000 square feet and to limit development to a maximum of
thirteen (13) lots, yielding a density of approximately 1.9 units per acre.
NOTE: IN ORDER FOR THE BOARD TO CONSIDER TI-HS CASE AT THEIR MAY
PUBLIC HEARING, A $250.00 DEFERRAL FEE MUST BE PAID.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
(NOTE: SINCE THE COMMISSION'S CONSIDERATION OF THIS CASE, PROFFERED
CONDITIONS HAVE BEEN AMENDED, AS REFLECTED HEREIN.)
Providing a FIRST CHOICE Community Through Excellence in Public Service.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land use conforms to the Northern Area Land Use and
Transportation Plan which suggests the request property is appropriate for
residential use of 1.51 to 4.0 units per acre.
B. As proposed, the current request would yield a density of 1.9 units per acre. This
density conforms to existing area residential development patterns.
C. The proffered conditions address the impact of this development on necessary
capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan.
(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) 1. Development shall be limited to a maximum of thirteen (13) lots.
(STAFF) 2. The lot size shall be a minimum of 15,000 gross square feet. The overall
average lot size shall be a minimum of 20,000 square feet.
(STAFF) 3. Access to the property shall be limited to Clintwood Road.
(STAFF) 4. The exposed surfaces of all dwelling unit foundations shall be faced with
brick veneer.
(STAFF) 5. The minimum gross square footage for homes shall be as follows:
One story - 1,400 gross square feet
More than one story - 1,600 gross square feet.
6. The public water and wastewater systems shall be used.
7. The applicant, subdivider, or assignee(s) shall pay the following to the
County of Chesterfield at the time of building permit application for
(STAFF)
(STAFF)
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98SN0157/WP/MAY25G
(STAFF)
(STAFF)
(STAFF)
(STAFF)
(STAFF)
(STAFF)
o
10.
11.
12.
13.
infrastructure improvements within the service district for the property; for
each dwelling unit in excess of 7:
a. $6000.00 per lot, if paid prior to July 1, 1998; or
The amount approved by the Board of Supervisors not to exceed
$6819.00 per lot, if paid between July 1, 1998 and June 30, 1999;
or
The amount approved by the Board of Supervisors not to exceed
$6819.00 per lot adjusted upward by any increase in the Marshall
and Swift Building Cost Index between July 1, 1998, and July 1 of
the fiscal year in which the payment is made if paid after June 30,
1999.
In the event the cash payment is not used for the purpose for which
proffered within 15 years of receipt, the cash shall be returned in
full to the payor.
With the exception of timbering which has been approved by the Virginia
State Department of Forestry for the purpose of removing dead or diseased
trees, there shall be no timbering until a land disturbance permit has been
obtained from the Environmental Engineering Department.
Any dwelling unit on a lot adjacent to Clintwood Road shall front
Clintwood Road and such dwelling unit shall have brick veneer front and
side facades. Provided, however, that a dwelling unit may side Clintwood
Road if such dwelling unit has brick veneer on all four (4) facades.
(STAFF NOTE: Facades do not include gables.)
No wood, masonite or stucco siding shall be permitted.
Any dwelling unit on a lot adjacent to Clintwood Road shall not exceed
one-story.
The minimum setback for dwelling units on lots adjacem to Clintwood
Road shall be the average setback of existing dwelling units on lots known
as 3101, 3111, 3121, 3131 & 3141 Clintwood Road.
There shall be a maximum of four (4) lots adjacent to Clintwood Road.
3 98SN0157/WP/MAY25G
GENERAL INFORMATION
cation:
West line of Clintwood Road, north of Dumaine Drive, and western terminus of Dumaine
Drive. GPIN 742-687-5026, 5864,7824 and 7941 (Sheet 14).
A and R-7
6.8 acres
Existine Land Use:
Vacant
A~acem Zoning & Land Use:
North - A and R-7; Single family residemial or vacant
South - R-7 and R-9; Single family residential or vacant
East - R-7; Single family residential
West - R-9; Vacant
UTILITIES
Public Water System:
There is an existing eight (8) inch water line extension along Clintwood Road adjacem to
the request site. Use of the public water system is intended and has been proffered by the
applicant. (Proffered Condition 6)
Public Wastewater System:
There is an existing eight (8) inch wastewater collector serving Lake Genito Subdivision,
Section D, approximately 450 feet northeast of the request site. Use of the public
wastewater system is intended and has been proffered by the applicant. (Proffered
Condition 6)
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98SN0157/WP/MAY25G
ENVIRONMENTAL
Drainage and Erosion:
The property drains northwest to a tributary of Falling Creek. No existing on-site
drainage or erosion problems.
The applicant has proffered that there will be no timbering of the property until a land
disturbance permit has been issued and the approved erosion control devices have been
installed (Proffered Condition 8). This will ensure that proper erosion control measures
are taken prior to timbering or any land disturbance.
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the public
Facilities Plan, the Thoroughfare Plan and the FY1999-2003 Capital Improvement Program. This
development will have an impact on these facilities.
Fire Service:
The Public Facilities Plan indicates that Emergency Services calls are expected to increase
forty-five (45) percent by the year 2015. Eight (8) new fire/rescue stations are
recommended for construction by the year 2015 in the public Facilities Plan. This
property is currently served by the Midlothian Fire/Rescue Station, Company Number 5
and Forest View Rescue Squad.
When the property is developed, the quantity of water for fire protection and the number
of hydrants needed will be evaluated during the tentative plan and construction plans
review processes. Also, the need for ingress/egress for emergency equipment and
designation of fire lanes will be determined during the review of the aforementioned plans.
Schools:
Approximately nine (9) school age children will be generated by this development. The
site lies in the Evergreen Elementary School attendance zone: capacity - 917, enrollment -
983; Bailey Bridge Middle School zone: capacity - 1,200, enrollment - 1,344; and
Manchester High School zone: capacity - 2,000, enrollment - 2,328.
This development will have impact on area schools. The applicant has agreed to
participate in the cost of providing for area school needs. (Proffered Condition 7)
5 98SN0157/WP/MAY25G
Residential development in this area will most likely affect use of the LaPrade Library, the
Clover Hill Library, or a proposed Lucks Lane Library in the future. The Chesterfield
Goun _ty Public Facilities Plan (1995) identifies a current demand for library space in the
LaPrade service area. In order to meet current and projected demand, replacement of the
existing 8,000 square foot LaPrade Library with a new 20,000 square foot facility is
scheduled for FY 99/2000. The Plan identifies a need for expansion of the Clover Hill
Library and construction of a new Lucks Lane Library, based on population projections
in these service areas. The applicant has offered measures to assist in addressing the
impact of this development on library facilities. (Proffered Condition 7)
parks and Recreation:
The Public Facilities Plan identifies the need for two (2) new regional parks. In addition,
there is currently a shortage of community level parks facilities in the northern area of the
County. The Public Facilities Plan identifies the need to acquire and develop 120 acres
of community park space by the year 2015. The applicant has offered measures to assist
in addressing the impact of this development on these facilities. (Proffered Condition 7)
Transportation:
The applicant has proffered a maximum density of thirteen (13) lots (Proffered Condition
1). Based on single family trip rates, development could generate approximately 160
average daily trips. These vehicles will be distributed through Genito Forest and Lake
Genito Subdivisions.
In order to limit the volume of traffic that will access through these subdivisions, the
applicant has proffered that sole access for the property shall be limited to Clintwood Road
(Proffered Condition 3). This condition would preclude the dedication of a right-of-way
to serve future development of the adjacent property to the west.
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 towards mitigating this impact. (Proffered Condition 7)
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98SNO15 7 /WP /MA Y25G
Financial Impact on Capital Facilities:
PER
DWELLING
UNIT
Potential Number of New Dwelling Units 6* 1.00
Population Increase 16.74 2.79
Number of New Students
Elementary 1.63 0.27
Middle 0.80 0.13
High 0.91 0.15
TOTAL 3.34 0.56
Net Cost for Schools 19,440 3,240
Net Cost for Parks 4,380 730
Net Cost for Libraries 1,902 317
Net Cost for Fire Stations 1,692 282
Average Net Cost for Roads 12,162 2,027
TOTAL NET COST 39,576 6,596
* Based on a proffered maximum number of units, less a credit for the number of units allowed
on that portion of the property currently zoned R-7.
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 fn'e
stations at $6,596 per unit. The applicant has been advised that a maximum proffer of $6,132 per
unit would defray the cost of the capital facilities necessitated by this proposed development.
Consistent with the Board of Supervisors' policy, and proffers accepted from other applicants, the
applicant has offered cash to assist in defraying the cost of this proposed zoning on such capital
facilities. (Proffered Condition 7)
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.
7 98SN0157/WP~AY25G
Comprehensive Plan:
Lies within the boundaries of the Northern Area Land Use and Tran.~portation Plan which
suggests the request property is appropriate for residential use of 1.51 to 4.0 units per
Area Development Trends:
Area properties are zoned agriculturally and residentially and are characterized by single
family residences on acreage parcels and within subdivisions and by vacant land. It is
anticipated that residential zoning and land use patterns will continue in the area.
The request property lies adjacent to Lake Genito Subdivision to the north and east.
Primary access into the subject property is planned via a proposed road from Clintwood
Road (Proffered Condition 3). Proffered Condition 3 would prohibit vehicular access via
Dumaine Road or via adjacent, residentially zoned property to the south and west.
The applicant has agreed to limit development to a maximum of four (4) lots adjacent to
Clintwood Road. (Proffered Condition 13)
Comparison of Area Densi _ty:
Section C of Lake Genito Subdivision, lying adjacent to the north and east boundaries of
the request property, has developed with a density of approximately 1.34 units per acre.
The applicant has proffered a maximum of thirteen (13) lots to be developed on the request
property, yielding a density of approximately 1.9 units per acre. (Proffered Condition 1)
Comparison of Lot Sizes:
As noted herein, sole access to the request property is planned via Clintwood Road
through Lake Genito and Genito Forest Subdivisions. Section C of Lake Genito, lying
adjacent to the request property, has developed with an average lot size of 28,500 square
feet. It should be noted that many lots in Section C of Lake Genito are encumbered by
easements and environmental features, such as steep topography and floodplains, which
may account for the lower density and larger lot sizes in portions of this Section. Lots
immediately, adjacent to the request property range in size from approximately 15,000
square feet to approximately 30,500 square feet. The applicant has proffered a minimum
lot size of 15,000 square feet and an overall average lot size of 20,000 square feet.
(Proffered Condition 2)
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98SN0157/WP/MAY25G
Comparison of House Sizes:
Residences on lots in Lake Genito, lying immediately adjacem to the request property,
have gross floor areas that range between approximately 1,200 square feet and 1,552
square feet. The applicant has proffered that residences on the request property would
have a minimum gross square footage of between 1,400 and !,600 square feet. (Proffered
Condition 5)
Architectural Treatment:
The applicant has proffered that the exposed surfaces of all foundations of dwellings will
be faced with brick (Proffered Condition 4). Further, proffered conditions have been
submitted prohibiting any wood, stucco or masonite siding and requiring any dwelling unit
on a lot adjacent to Clintwood Road to have a brick front and sides. Also, if a dwelling
unit sides Clintwood Road, the proffer would require that all facades be faced with brick
and not exceed a height of one (1) story. (Proffered Conditions 9, 10 and 11)
CONCLUSIONS
The proposed zoning and land use conforms to the Northern Area Land Use and Transportation
Plan which suggests the request property is appropriate for residential use of 1.51 to 4.0 units per
acre. As proposed, the current request would yield a density of 1.9 units per acre. This density
conforms to existing and anticipated area residential development patterns in Lake Genito
Subdivision. In addition, the proffered conditions address the impact of this development on
necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (1/20/98):
At the request of the applicant, the Commission deferred this case to the March 17, 1998,
meeting.
Stuff (1/22/98):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than January 27, 1998, for consideration at the Commission's
March meeting. The applicant was also advised that a $150.00 deferral fee was due.
9 98SN0157/WP/MAY25G
Applicant, Staff, Area Residents and Clover Hill District Planning Commissioner (2/24/98):
A meeting was held to discuss the proposed project and to review the proffered conditions
which had been submitted to date. Concerns were expressed relative to lot size; the
number of potential driveways accessing Clintwood Road; impact on drainage; orientation
of dwelling units in relationship to Clintwood Road; the possibility of houses being
constructed of materials other than brick; and a desire to have lot width and setback
requirements similar to those which exist in the existing surrounding neighborhood.
Applicant (3/3/98):
Proffered Conditions 9, 10 and 11, as discussed herein were submitted.
deferral fee has not been paid.
To date, the
Applicant (3/17/98):
The deferral fee was paid.
Planning Commission Meeting (3/17/98):
The applicant accepted staff's recommendation, but did not accept the Planning
Commission's recommendation.
There was opposition present. Concerns were expressed relative to building materials and
potential incompatibility of those materials with that of area residences; density; lot size;
the number of lots which may front Clintwood Road; the setbacks of houses along
Clintwood, as compared to the setbacks of existing houses along Clintwood Road; and the
potemial that the dwellings may be developed for rental purposes.
Mr. Gulley indicated that residemial developmem on the subject property should be
required to be compatible and harmonious with that which exists in the area. He indicated
that the requirements of the proposed zoning are not compatible'with area developmem
patterns such as setbacks, lot sizes, house sizes, density and architectural treatment. He
indicated that in his opinion, approval of this request would be detrimental to the health,
safety and welfare of area citizens, as well as adversely impact area property values.
On motion of Mr. Gulley, seconded by Mr. Miller, the Commission recommended denial
of this request.
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98SN0157/WP/MAY25G
AYES: Unanimous.
Applicant (4/1/98):
The applicant requested a deferral to the Board's June 24, 1998, public hearing.
Board of Supervisors' Meeting (4/22/98):
At the request of the applicant, the Board deferred this case to their June 24, 1998,
meeting.
Staff (4/27/98):
The applicam was advised in writing that any significant new or revised information
should be submitted no later than May 28, 1998, for consideration at the Board's June
public hearing. The applicant was also advised that a $150.00 deferral fee was due.
Staff (6/15/98):
To date, no new information has been submitted nor has the $150.00 deferral fee been
paid.
Applicant (6/22/98):
The $150.00 deferral fee was paid.
Applicant, Area Residents, Staff and Clover Hill District Supervisor and Commissioner (6/22/98):
A meeting was held to discuss area residents' concerns.
Applicant (6/24/98):
The applicant submitted revised and additional proffered conditions in an effort to address
concerns expressed by area citizens at a meeting on June 22, 1998.
11 98SN0157/WP/MAY25G
Since the revised and additional proffers were not submitted in accordance with the
Board's procedures, suspension of the rules would be necessary to consider the revisions.
Board of Supervisors' Meeting (6/24/98):
The Board deferred this case to September 23, 1998, to allow additional time to address
area residents' concerns.
Staff (6/25/98):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than August 17, 1998, for consideration at the Board's
September public hearing.
Applicant, Area Residents, Staff and Clover Hill District Supervisor and Commissioner (8/31/98):
A meeting was held to discuss the latest proffered conditions and area residents' concerns.
Area residents continued to have concerns relative to treatment of the proposed dwelling
units, safety of access to Clintwood Road and setbacks along Clintwood Road.
Applicant (9/1/98):
Revised proffered conditions, as discussed herein, were submitted.
Board of Supervisors' Meeting (9/23/98):
The Board deferred this case to November 24, 1998.
Staff (9/24/98):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than October 20, 1998, for consideration at the Board's
November 24, 1998, public hearing.
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98SN0157/WP/MAY25G
Staff (I 1/9/98):
To date, no new information has been submitted.
Board of Supervisors' Meeting (11/24/98):
The Board deferred this request to February 24, 1999.
Staff (11/25/98):
The applicam was advised in writing that any significant new or revised information
should be submitted no later than January 25, 1999, for consideration at the Board's
February 24, 1999, public hearing.
Board of Supervisors' Meeting (2/24/99):
The Board deferred this case to April 14, 1999.
Staff (2/25/99):
The applicam was advised in writing that any significant new or revised information
should be submitted no later than March 5, 1999, for consideration at the Board's April
14, 1999, meeting.
Board of Supervisors' Meeting (4/14/99):
At the request of the applicant, the Board deferred this case to May 25, 1999.
Staff (4/15/99):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than April 20, 1999, for consideration at the Board's May
public hearing. The applicant was also advised that a $250.00 deferral fee was due.
13 98SN0157/WP/MAY25G
Staff (4/28/99):
To date, no new information has been received nor has the $250.00 deferral fee been paid.
The Board of Supervisors, on Tuesday, May 25, 1999, beginning at 7:00 p.m., will take under
consideration this request.
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98SN0157/WP/MAY25G
LAKE
GENITO,
, PROPOSED
WALNUT ~ROVE,'
GENITO FOI
10157 :
REZ: A 8, R-7 TO R-12'
SH. 14
,4