02SN0169-NOV26.pdfNovember 26, 2002 BS
ADDENDUM
02SN0169
Lawson Chenoweth
Bermuda Magisterial District
North line of Ramblewood Road
REQUEST: Rezoning from Agricultural (A) to Residential (R-15).
On November 20, 2002, in an attempt to address concerns of an adjacent property owner to the west
relative to the minimum gross floor area of proposed dwellings adjacent to this western tract, the
applicant amended Proffered Condition 12. This proffered condition now requires a minimum gross
floor area of 2,000 square feet for all dwellings adjacent to these three (3) western parcels.
Staffcontinues to recommend approval of this request, as discussed in the "Staff Request Analysis".
(NOTE: SHOULD THE BOARD WISH TO CONSIDER THIS REVISED PROFFER, THEY
MUST UNANIMOUSLY AGREE TO SUSPEND THEIR PROCEDURES, AS SUCH PROFFER
WAS SUBMITTED AFTER THE CASE APPEARED IN THE NEWSPAPER.)
PROFFERED CONDITION
12.
Dwelling units on lots adjacent to GPIN 812-649-6432, GPIN 813-650-2231,
GPIN 814-650-1993, and Thomhill, Enon Oaks and Rockhaven Subdivisions shall
have a minimum gross floor area of 2000 square feet. All other dwelling units
shall have a minimum gross floor area of 1800 square feet. (P)
Providing a FIRST CHOICE Community Through Excellence in Public Service.
02SN0169-ADDENDUM-NOV26-BOS
, :~.'.. ~ ~.~
November 26, 2002 BS
STAFF'S
REQUEST ANALYSIS
RECOMMENDATION
02SN0169
Lawson Chenoweth
Bermuda Magisterial District
North line of Ramblewood Road
REQUEST: Rezoning from Agricultural (A) to Residential (R-15).
PROPOSED LAND USE:
A single family subdivision having a minimum lot size of 15,000 square feet and a
maximum of 175 lots is planned, yielding a density of 1.7 units per acre.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE.OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 5.
AYES: MESSRS. GECKER, CUNNINGHAM, GULLEY AND STACK.
ABSENT: MR. LITTON.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
The propoSed zoning and land use conform to the recently adopted Consolidated
Eastern Area Plan which suggests the property is appropriate for residential use of 2.0
units per acre or less.
The proffered conditions adequately address the impact of this development on
necessary capital facilities as outlined in the Zoning Ordinance and Comprehensive
Plan. The applicant has offered cash and the dedication of land to address the impact
Providing a FIRST CHOICE Community Through Excellence in Public Service.
on capital facilities. The dedicated land has an historical significance and meets the
needs for special purpose park. The Board should note that the applicant has valued
the dedicated land within an acceptable range of comparable parcels in the vicinity of
the subject parcel; however in excess of the fair market assessed value. In
accordance with the Board's policy for determining land values and giving
consideration to the noted unique circumstances, staff supports acceptance of the
proffered conditions.
(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 CONDmONS RECOMMENDED BY
THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC) 1.
The applicant, subdivider, or assignee(s) shall pay the followin~ to
the county of Chesterfield at the fane of building permit application
for infiastmcture improvements with in the service district for the
property:
$6,995.00 per dwelling unit, if paid prior to July 1, 2002. At
the rune of payment, the $6,995.00 will be allocated pro-rata
among the facility costs as follows: $3,565.00 for schools,
$280.00 for library facilities, $2,838.00 for roads and $312.00
for fire stations; or
The amount approved by the Board of Supervisors not to
exceed $6,995.00 per dwelling unit adjusted upward by any
increase in the Marshall and Swift building cost index
between July 1, 2001, and Jutyl of the fiscal year in which
the payment is made if paid after June 30, 2002.
In the event the cash payment is not used for which proffered
within 15 years of receipt, the cash shall be returned in full to
the payer ($6,995.00). (B&M)
(STAFF/CPC) 2.
Within thirty (30) days of the recordation of the first subdivision plat,
approx'nnately twelve (12) acres, adjacent to the southern property
line as shown on the "Exhibit A,, shall be dedicated free and
unrestricted, to and for the benefit of Chesterfield County. The exact
boundary and acreage will be determined at the time of tentative
subdivision review. (P&R)
2 02SN0169-NOV26,BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
Except for timbering approved by the Virginia State Department of
Forestry for the purpose of removing dead or diseased trees, there
shall be no timbering on the Property until a land disturbance permit
has been obtained from the Environmental Engineering Department
and the approved devices installed. (EE)
The project stormwater management design shall achieve an
attenuation of the ten (10) year peak storm from the developed
contributing watershed to the pre-development two (2) year peak
storm for that portion of the property, draining generally to the north
towards parcel Tax ID 814-650-7955. (EE)
In conjunction with recordation of the initial subdivision plat and
prior to dedication of property referenced in Proffered Condition 2, a
sixty (60) foot wide fight-of-way for a residanfial collector street
("Greyledge Boulevard Extended) fxom the eastern property lIne to
the western property line shall be dedicated, ~ee and unrestricted, to
and for the benefit of Chesterfield County. The exact location of this
right-of-way shall be approved by the Transportation Department.
(r)
In conjunction with the recordation of the first subdivision plat and
prior to dedication of property referenced in Proffered Condition 2,
forty-five (45) feet of right-of-way on the north side of Ramblewood
Road, measured t~om the centerYme of that part of RamblewoodRoad
immediately adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield County. (T)
Direct access from the property to Ramblewood Road shall be limited
to one (1) public road, generally located at the western property line.
The exact location of this access shall be approved by the
Transportation Department. (T)
To provide an adequate roadway system at the time of complete
development, the owner/developer shall be responsible for the
following:
Construction of additional pavement along Ramblewood
Road at the approved access to provide right and left mm
lanes, if warranted based on Transportation Department
· standards;
Relocation of the ditch to provide an adequate shoulder along
the north side of Ramblewood Road for the entire property
frontage;
3 02SN0169-NOV26.BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
10.
11.
12.
13.
Construction of two (2) lanes of Greyledge Boulevard
Extended as a residential collector street from the existing
terminus of G-reyledge Boulevard to the western property line.
Greyledge Boulevard Extended shall not be designed with a
continuous alignment as shown on Exhibit A; and
Dedication to Chesterfield County, free and unrestricted, any
additional right-of-way (or easements) required for the
improvements identified above. In the event the developer is
unable to acquire any Off-site right-of-way that is necessary
for the improvements described in Proffered Condition 8.a.,
the developer may request, in writing, that the County acquire
such right-of-way as a public road improvement. All costs
associated with the acquisition of the right-of-way shall be
home by the.developer. Ia the event the County chooses not
to assist the developer in acquisition of the"off-site" right-of-
way, the developer shall be relieved of the obligation to
acquire the "off-site" right-of-way and shall provide the road
improvements within available right-of-way as determined by
the Transportation Department. (T)
Prior to any construction plan-approval, a phasing plan for the
required road improvements, as identified in Proffered Condition g,
shall be submitted to and approved by the Transportation Department.
(T)
Public water and waste water shall be used. (U)
The maximum density of this development shall not exceed 175 lots.
(P)
Dwelling units on lots adjacent to Thornhill, Enon Oaks and
Rockhaven Subdivisions shall have a minimum gross floor area of
2000 square feet. All other dwelling units shall have a minimum
gross floor area of 1800 square feet. (P)
Development on the Property shall be phased as follows:
a)
b)
c)
No more than a cumulative total of fifty (50) lots shall be
recorded prior to July 1, 2003.
No more than a cumulative total of one hundred (1 DO) lots
shall be recorded prior to July 1, 2004.
No more than a cumulative total of one hundred fifty (150)
lots shall be recorded prior to July 1, 2005.
4 02SN0169-NOV26-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
Location:
14.
15.
16.
17.
No more than a cumulative total of one hundred seventy
five(175) lots shall be recorded prior to July 1, 2006. (P)
Construction traffic for initial development on the subject property
shall be prohibited on Cvreyledge Boulevard through the South Bend
Subdivision. (P)
To the extent permitted by the Transportation Department and VDOT
and in conjunction with the construction of Greyledge Boulevard
Extended, a traffic island/circle shall be provided as generally
depicted on Exhibit "A". (T)
The owner shall be responsible for notification, by registered,
certified or first class mail, of all adjacent property owners on record
with the County Assessor's Office, as well as the last known
representative on file with the Chesterfield County Planning
Depamnent of the Southbend Homeowners Association, 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 ro approval or disapproval of any tentative subdivision
plan. The owner shall provide the Planning Department with evidence
that such notice was sent. (P)
A thirty (30) foot tree preservation strip, exclusive of required yards,
shall be maintained along the eastern property line, north of proposed
Greyledge Boulevard Extended and adjacent to Southbend and Enun
Oaks Subdivisions. Utility easements shall be permitted to cross this
strip in a perpendicular fashion. 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 vegetatiun from the tree
preservation strip that is unhealthy, dying or diseased. Furthermore,
no accessory structures (i.e., dog houses, sheds, kennels) shall be
allowed to reside within this strip. (P)
GENERAL INFORMATION
North line of Ramblewood Road, east of Golf Course Road. Tax ID 813-648-1736 (Sheets
27 and 35).
5 02SN0169-NOV26-BOS
Existing Zoning:
A
Size:
105 acres
Existing Land Use:
Single family dwelling
Adiacent Zoning and Land Use:
North - A; Single family residential or vacant
South - R-15 and A; Single family residential and CSX Railroad
East - R-12; Single family residential; public/semi-public (community recreation) or
vacant
West - A; Single family residential or vacant
UTILITIES
Public Water System:
There is an existing eight (8) inch water line extending along Greyledge Boulevard in Rock
Haven Subdivision which terminates adjacent to the eastern boundary of the request site. In
addition, there is an existing eight (8) inch water line extending along a portion of
Ramblewood Road, which terminates south of the CSX Railroad tracks, approximately 200
feet from the request site. Use of the public water system has been proffered. (Proffered
Condition 10)
Public Wastewater System:
There is an existing eight (8) inch wastewater collector extending along a tributary of
Jolmson's Creek which terminates approximately 650 feet east of the request site, and
adjacent to Rockhaven Drive in'Thornhill Subdivision. In addition, there is an existing
eighteen (18) inch wastewater trunk line along Johnson's Creek, approximately 900 feet
north of this site. Use of the public wastewater system has been proffered. (Proffered
Condition 10)
6 02SN0169-NOV26-BOS
Drainage and Erosion:
ENVIRONMENTAL
The property drains in two (2) directions. Approximately one-third (1/3) of the property
drains to the north through an old pond located approximately 400 feet fxom the property,
with the remaining portion draining to the east between Thornhill and Rockhaven
Subdivisions. There are currently no off-site drainage or erosion problems for the portion
draining through the subdivisions. For that portion draining to the old pond to the north,
there have been concerns through the years with off-site drainage and the ability of the pond
to handle any increase. Water should be retained for the portion of the property that drains
north. (Proffered Condition 4)
Property, to the north is heavily wooded and,. as such, should not be timbered until the
issuance of a land disturbance permit. This will insure that adequate erosion control
measures are in place prior to any timbering. (Proffered Condition 3)
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the 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 2015. Eight (8) new.fire/rescne stations are recommended for
construction by 2015 in the Plan. Based on 175 dwelling units, this request will generate
approximately fifty (50) calls for fire and rescue services each year. The impact on fire
service has been addressed. (Proffered Condition 1)
The property is currently served by the Enon Fire Station, Company Number 6 and Bensley-
Bermuda Volunteer Rescue Squad. Construction on the new Riversbend fire station is
expected to begin within the next year. The Riversbend station will eventually provide fire
and emergency medical service to this property. When the property is developed, the number
of hydrants and quantity of water needed for fire protection and access requirements will be
evaluated during the plans review process.
Schools:
Approximately ninety-three (93) school age children will be generated by this development.
The site lies in the Enon Elementary School attendance zone: capacity - 550, enrollment -
557; Chester Middle School zone: capacity- 690, enrollment - 713; and Thomas Dale High
School zone: capacity - 1,650, enrollment - 1,824.
7 02SN0169-NOV26-BOS
This development will have impact on area schools. Currently, Chester Middle School has
five (5) trailers and Thomas Dale High School has four (4). The applicant has offered
measures to assist in addressing the impact ofth/s development on school capital facilities.
(Proffered Condition 1)
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 new La Prade and Chester Libraries, there is still a projected
need for approximately 55,000 additional Square feet of library space County-wide by 20'15.
This-development will most likely have the greatest impact on the Enon and Chester
Libraries. The applicant has offered measures to assist in addressing the impact of this
development on these facilities. (Proffered Condition 1)
Parks and Recreation:
The Public Facilities Plan identifies the need for four (4) new regional parks. In addition,
there is currently a shortage of community park acreage in the County. The.Public Facilities
Plan identifies a need for 625 acres of regional park space and 116 acres of community park
space by 2015. The Plan also identifies the need for neighborhood parks and special purpose
parks and makes suggestions for their locations.
The applicant has proffered to dedicate approximately twelve (12) acres adjacent to the
southern property line, as shown on Exhibit A (Proffered Condition 2). This area
incorporates Civil War earthworks thereby meeting the needs of a special purpose park.by
preserving the historical significance of this site. This tract also has the potential for
development as a neighborhood park to meet the needs of current and anticipated residential
growth in the Enon area. While Parks and Recreation is supportive Of the dedication, it
should be noted that the credit value exeeeds the value suggested by the County's Policy as
described in the "Financial Impact on Capital Facilities" section of the "Request Analysis".
However, the credit value is less than the probable selling price based on the County
Assessor's estimates.
It should be noted that at the time of plans review, the Parks and Recreation Department will
be seeking vehicular access from this park area to Greyledge Boulevard, as well as a
pedestrian connection between this property and a parcel to the east on which Fort. Wead is
located. (Tax ID 814-647-3250)
Transportation:
The applicant has proffered a maximum density of 175 lots (Proffered Condition 11). Based
on single family trip rates, development could generate approximately 1,740 average daily
8 02SN0169-NOV26-BOS
trips. These vehicles will be distributed along Ramblewood and Enon Church Roads, which
had a 2002 traffic count of 2,816 and 4,300 vehicles per day respectively. These vehicles will
also be distributed, via Greyledge Boulevard, to Bermuda Orchard Lane, which, had a 2002
traffic count of 3,050 vehicles per day.
The Thoroughfare Plan identifies Ramblewood Road as a major arterial with arecommended
right of way width of ninety (90) feet. The applicant has proffered to dedicate forty-five (45)
feet of right of way, measured from the centerline of Ramblewood Road, in accordance with
that Plan. (Proffered Condition 6)
The Thoroughfare Plan also identifies an east/west collector ("Greyledge Boulevard
Extended"), with a recommended right of way width of sixty (60) feet, extending ~om the
current terminus of Greyledge Boulevard, west through the property. This roadway is
intended to just serve area development as a residential collector. The applicant has proffered
to dedicate a sixty (60) foot wide right of way for CJreyledge Boulevard Extended through the
property, as a residential collector street (Proffered Condition 5). The. applicant's Exhibit A
shows a general location of Greyledge Boulevard Extended. The alignment of this
residential collector should be such that it adequately facilitates development of the area,
without attract'rog "cut-through" traffic from adjacent arterial roads. The applicant has
proffered that Greyledge Boulevard Extended will not have a continuous alignment through
the property (Proffered Condition 8.c.). The exact location/alignment will be determined at
time of tentative subdivision review.
Access to major arterials, such as Ramblewo'od Road, should be controlled. The applicant
has proffered that direct access to Ramblewood Road will be limited to one (1) public road
(Proffered Condition 7). Due to the proximity of the CSX Railroad, this access should be
located at the western property line.
The Subdivision Ordinance requires that subdivision streets must conform to the Planning
Commission's Stub Road Policy, which suggests that traffic volumes on those streets should
not exceed an acceptable level of 1,500 vehicles per day. It may be necessary for the
developer to provide a "no-lot frontage" road (i.e., residential collector) from Ramblewood
Road to Greyledge Boulevard Extended. At thne of tentative subdivision review, staff will
evaluate the internal road network and project traffic volumes to determine if a residential
collector will also be required through that part of the property.
The traffic impact of this development must be addressed. The applicant has proffered to: 1)
construct left and right mm lanes along Ramblewood Road at the public road intersection,
based on Transportation Department standards; 2) relocate the ditch to provide an adequate
shoulder along the north side of Ramblewood Road for the entire property frontage; and 3)
construct two (2) lanes of Greyledge Boulevard Extended through the property (Proffered
Condition 8). Constmct'mg the turn lanes along Ramblewood Road may require the
developer to acquire some "off-site" right of way. According to the proffer, if the developer
is unable to acquire the right of way for the mm lanes along Ramblewood Road, the
developer may req~uest the County to acquire the right of way as a public road improvement.
9 02SN0169-NOV26-BOS
All costs associated with the acquisition will be borne by the developer. If the Coun3y
chooses not to assist with the fight of way acquisition, the developer will not be obligated to
acquire the "off-site" right of way, and Will only be obligated to construct road improvements
within available right of way.
In order to address neighborhood concerns, the applicant has also proffered a condition
regarding the design/construction of Greyledge Boulevard Extended. A proffered condition
would require the developer to provide, to the extent permitted, a traffic island/circle with the
construction of Greyledge Boulevard Extended (Proffered Condition 15). The Waffle
island/circle will be located towards the eastern property line, as generally shown on Exhibit
A.
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. Sections of Ramblewood
Road have twenty (20) to twenty-one (21) foot wide pavemant with no shoulders. The
capacity of this road is acceptable for the volume of traffic it currently carries. Sections of
Enon Church Road have twenty (20) to twenty-one (21) foot wide pavement with no
shoulders. The current volume of traffic on Enon Church Road during peak hours exceeds
the capacity of the road. Sections of Bermuda Orchard Lane have twentyffour (24) foot wide
pavement with two (2) foot wide shoulders. The capacity of this road is acceptable for the
volume of traffc it currently carries. The standard typical section for Ramblewood Road,
Enon Church Road and Bermuda Orchard Lane should be twenty-four (24) foot wide
pavement, with minimum eight (8) foot wide shoulders. The applicant has proffered to
contribute cash, consistent with the Board of Supervisors' policy, towards mitigating this
Waffle impact. (Proffered Condition 1)
At time of tentative subdivision review, specific recommendations will be provided
regarding access and the internal street network.
10 02SN0169-NOV26-BOS
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 175* 1.00
Population Increase 477.75 2.73
Number of New StUdents
Elementary 42.70 0.24 .
Middle 22.75 0,13
High 28.00 0.16
TOTAL 93.45 0.53
Net Cost for Schools 629,300 3,596
Net Cost for Parks 142,100 812
Net Cost for Libraries 49,350 · 282
Net Cost for Fire Stations 55,125 315
Average Net Cost for Roads 501,025 2,863
TOTALNET COST I 1,376,900 7,868
I
*Based on aproffered maxImum number of dwelling units. (Proffered Condition 12)
As noted, this proposed development would have an impact on capital facilities. Staffhas
calculated the fiscal impact of every new dwelling trait on schools, roads; parks, libraries and
fire stations at $7,868 per unit. The applicant has been advised that a maxhnum proffer of
$7,800 per unit would defray the cost of the capital facilities necessitated by this proposed
development.
Note that circumstances relevant to this ease, 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.
The applicant has proffered $6,995 in cash and approxImately twelve (12) acres of land to
assist in defraying the cost of this proposed request on such capital facilities. The proffered
cash addresses the impact on schools, roads, libraries and fire stations. The twelve (12) acres
of land is proffered to address the impact of the proposed development on the park capital
facilities. (Proffered Conditions 1 and 2)
Staff has factored a credit for the land dedication into the Impact analysis consistent with~the
County's policy. The policy establishes land valuation methods generally based on current
assessed values. Additionally, under the policy, the Planning Commission and the Board of
11 02SN0169-NOV26-BOS
Supervisors could choose to deviate ~om the policy and recognize alternative land valuation
methods should it be determined that unique circmstances justify such a change. Such
alternatives may include appraisals or actual costs paid for comparable properties within the
area of the subject property. Use of such alternatives would result in land values higher than
assessed values, and thus support a higher credit.
Whale staff is supportive of the land dedication as outlined in the Parks and Recreation
section of the Request Analysis, the Board should note that the applicant has valued the
dedicated land within an acceptable range of comparable parcels in the vicinity of the subject
parcel, however in excess of the fair market assessed value. In accordance with the Board's
policy for determining land values and giving consideration to the noted unique
circumstances, staff supports acceptance of the proffered conditions.
The Planning Commission and the Board of Supervisors, through their consideration of this
request, may determine that there are unique circumstances relative to this case and that the
proffered conditions adequately offset the impact of the development.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the recently adopted Consolidated Eastern Area Plan wtdch
suggests the property is appropriate for residential use of 2.0 units per acre or less. A
maximum of 175. lots yielding a density of approximately 1.7 units per acre has been
proffered. (Proffered Condition 11)
Area Development Trends:
Property. to the east is zoned Residential (R-12) and has been developed as Enon Oaks,
Thomhill and Rockhaven Subdivisions, the later two (2) of which are part of the Southbend
development. Property to the southwest is zoned Residential (R- 15) and has been developed
as the Walthall Mill Subdivision. Properties m the north, southeast and west are zoned
Agricultural and are either occupied by single family residences or remain vacant. It is
anticipated that residential zoning and land use patterns will continue in the area consistenl
with densities suggested by the Plan.
Density:
A maximum of 175 lots on the property, yielding a density of approximately 1.7 units per
acre has been proffered. (Proffered Condition 11)
Dwelling Size:
To address concerns of area property owners and the Bermuda District Planning
Commissioner, proffered conditions address minimum house size. (Proffered Condition 12)
12 02SN0169-NOV26-BOS
Phasing:
In response to concerns expressed by area residents with respect to the impact of this
development on the area road systems, the applicant has proffered to phase the recordation of
lots over approximately a four (,4) year period. (Proffered Condition 13)
Construction Traffic:
Proffered Condition 14 prohibits construction traffic for initial development on the subject
property from using Greyledge Boulevard through the Southbend Subdivision. This
proffered condition is difficult, if not impossible, for staff to enforce. Staffrecommends that
this proffered condition not be accepted.
Notification:
In response to area residents' concems, proffered conditions require the developer to notify
the property owners adjacent to the subject property of the submission of tentative
subdivision plans. (Proffered Condition 16)
Tree Preservation Strip:
In an attempt to address concerns of adjacent property owners in the Southbend and Enon
Oaks Subdivisions relative to a.vegetated separation between their lots and the dwellings
with'm the proposed development, the applicant has submitted Proffered Condition 17. This
proffered condition requires atree preservation strip along the eastern property line, north of
proposed G-reyledge Boulevard Extended and adjacent to the Southbend and Enon Oaks
Subdivisions. This tree preservation strip will be included within the limits ofpropoged lots.
It has been staffs experience that individual homeowners tend to clear these areas resulting
in a zoning violation on that individual lot. Further, prohibiting the location of accessory
structures within the tree preservation strip may not be ineffective given that building permits
may not be required for such structures, resulting in no County review of their location.
-Given that retention of trees within this strip will be difficult, if not 'impossible, for the
County to enforce, staff recommends that Proffered Condition 17 not be accepted.
CONCLUSIONS
The proposed zoning and land use conform to the recently adopted Consolidated Eastern AreaPlan
which suggests the property is appropriate for residential use of 2.0 Units per acre or less and is
representative of exist'rog and anticipated area development. The proffered conditions adequately
address the impacts of this development on capital facilities as Outlined inthe Zoning Ordinance and
Comprehensive Plan. Specifically, the needs for transportation, schools, parks, libraries and fire
stations is identified in the County's adopted Public l.acilities Plan, the Thoroughfare Plan and
Capital Improvement Program and the impact of this development is discussed herein.
Given these considerations, approval of the request is recommended.
13 02SN0169-NOV26-BOS
CASE HISTORY
Plamfing Commission Meeting (5/21/02):
The applicant did not accept staff's recommendation. There was opposition present.
Concerns were expressed relative to addressing impacts on capital facilities; the need for
parkland dedication; lack of school capacity; density based upon gross as opposed to net
acreage; density based upon the existing, versus the proposed Plan; the extension of
Crreyledge Boulevard; traffic on Ramblewood Road; environmental impacts upon existing
pond to north; and proposed gross floor area for dwellings.
Mr. Cunningham indicated that, as a result of numerous community meetings, the applicant
had attempted to'address the majority of the issues; that the parkland dedication is consistent
with the Board's policy; that the Parks and Recreation Department supports the dedication;
that the condition of secondary roads is not unique to this area; that the Fire Department has
indicated fire/safety access on these roads is not an issue; and that, long term, this
development will benefit the transportation network in the area.
Mr. Cunningham made a motion to approve the request and accept the proffered conditions
on pages 2 through 5. There was no second to the motion; therefore the motion died. The
public hearing was dosed and the request carried over to the Commission's July 16, 2002,
'public hearing.
Staff (5/22/02):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than May 28, 2002, for consideration at the Commission's Jnly 16,
2002, meeting.
Applicant (6/26/02):
At the request of the Transportation Deparlraent, the. applicant submitted amended proffered
conditions and a revised "Exhibit A" relating to transportation impacts. To address area
residents' concerns, an additional proffer was submitted relating to notification of adjoining
property owners of. tentative subdivision plan submittal. (Proffered Condition 16)
Applicant (7/3/02):
Revised proffered conditions were submitted relative to the provision of a tree preservation
strip. (Proffered Condition 17)
14 02SN0169-NOV26-BOS
Planning Commission Meeting (7/16/02):
At the request of the applicant, the Commission deferred this case to September 17, 2002.
Staff (7/17/02):
The applicant was advised in wfifmg that any significant new or revised information should
be submitted no later than July 22, 2002, for consideration at the Commission's September
public hearing. Also, the applicant was advised that a $250.00 deferral fee must be paid prior
to the Commission's public hearing.
Applicant (7/29/02):
The deferral fee was paid.
Staff (8/15/02):
To date, no new information has been submitted.
Planning Commission Meeting (9/17/02):
On their own motion, the Commission deferred this case to October 15, 2002, pending
Board action on the Consolidated Eastern Area Plan.
Staff(9/18/02):
The applicant was advised in wrifmg that any significant, new or revised information
should be submitted no later than September 23, 2002, for consideration at the
Commission's October public hearing.
Staff (9/27/02):
To date, no new information has been submitted.
15 02SN0169-NOV26-BOS
Applicant (10/11/02):
Revised proffered conditions were submitted.
PlanniNg Commission Meeting ( 10/15/02):
The applicant did not accept staff's recommendation, but did accept the Planning
Commission's recommandation. There was concern expressed by an adjacent property
owner relative to drainage through a neighboring pond; density; house sizes; and the minimal
size of the proposed park dedication.
Mr. Cunningham noted that the proposed density complied with the Plan; that the proffered
conditions addressed neighborhood concerns; and that the size of the park dedication was
adequate for passive recreational use.
On motion of Mr. Cunningham, seconded by Mr. Stack, the Commission recommended
approval of this request and acceptance of the proffered conditions on pages 2 through 5.
AYES: Messrs. Gecker, Cunningham, Gulley and Stack.
ABSENT: Mr. Litton.
The Board of Supervisors, on Wednesday, November 26, 2002, beginning at 7:00 p.m., will take
under consideration this request.
16 02SN0169-NOV26-BOS
A CITIZEN'S ANALYSIS AND RECOMMENDATIONS REGARDING
ZONING CASE 02SN0169
LAWSON CHENOWITH-NORTH LINE OF RAMBLEWOOD RD
RESPECTFULLY SUBMITTED TO THE BOARD OF SUPERVISORS,
CHESTERFIELD COUNTY, VIRGINIA
1)
PROFFERED CONDITIONS (ADDRESSED)
CASH PROFFER
· The developer has proffered only $6,995 per dwelling unit and does
not allow for impacts to Parks & Recreation facilities. Staff's analysis
on the "Financial Impact on Capital Facilities" suggest a cash proffer
in the amount of $7,800 per dwelling. This reflects a reduction of
$805 per unit or a total of $140,875 when applied to the number of
lots requested by the developer.
Chesterfield County has recently lost $5.3 million or 8% of its state
funding for this fiscal year as a result of the continuing State budget
crisis. County departments have been asked to reduce their
operational expenditures by 5% and a carryover of this deficit is
expected into coming years. Bermuda District Supervisor Jack
McHale recently stated that he expects the next year's budget to be
one of the most difficult he has had to consider during his ten years on
the Board.
2)
During these times of widespread budget cuts and fiscal
accountability at the Federal, State and Local government levels, this
reduction in the voluntary cash proffer appears to be unwarranted and
not in the best interest of the residents of Chesterfield County. It is
important to note that the developer has proffered land in lieu of the
$140,875 in cash proffers however Staff's analysis indicates the credit
value sought by the developer exceeds the suggested value in Staff's
report.
PARK PROFFER
· The developer has proffered 12 acres for use as a Park Facility to be
dedicated, free and unrestricted, to and for the benefit of Chesterfield
County. The-location of said park land is depicted on an exhibit
attached to the developer's request for rezoning.
"The Plan of Chesterfield" addresses the County's needs for
additional park space in the Public facilities Plan. The Plan states
· "under current service level, s,.deficit, levels will grow to .... 116 acres
for community parks by 2015." The Plan defines the purpose of a
community park as being to provide active and passive recreational
facilities and playing fields for several surrounding neighborhoods.
The "Plan for Chesterfield" also states that "while overall there is a
surplus of community park space in Chesterfield, that space is not
evenly distributed. There is currently a shortage of community level
park facilities in the.central and eastern areas of the county." The
Plan also recommends development of a 25 acre community park in
the eastern area of the county. The developer's proffered condition
does not address the need for a community park identified in the "Plan
for Chesterfield" but allows for a Special Purpose Park of a historical
nature in its place. This proffer is made in lieu of the $140,875 cash
proffer intended for Parks & Recreation facilities.
The 12 acres proffered to the County is intended to preserve a Civil
War Site identified as Battery Walker by George Fickett of the
Chesterfield Historical Society. Existing maps indicate that Battery
Walker encompassed an area far less than the 12 acres being
proffered. Though it is conceded that earthworks, or ditch lines,
associated with the Bermuda Campaign extended southeasterly of
Battery Walker, it has not been demonstrated that these earthworks
warrant special recognihon and protection by the County of
Chesterfield.
Chesterfield County currently has six Civil War related special
purpose parks, all six of which are located in the eastern area of the
county and include Battery Dantzler, Drewry's Bluff, Howlett Line
Park, Fort Stevens, Fort Wead and Parker's Battery. It is important to
note that the eastern area of the County has a rich history that spans
some 400 yeai's, only four of which were endured during the Civil
War.
The park as proffered is not of a size or configuration conducive for
development as a community or neighborhood park. The proximity to
the CSX Railroad raises concerns for the County regarding the safety
of the residents who may choose to visit the site and may constitute an
unnecessary liability. Its proximity to the CSX Railroad crossing on
Ramblewood Road also may inhibit roadway improvements currently
identified for funding by the Department of Transportation's adopted
six year plan for secondary roads.
The existing CSX Railroad crossing improvements are critical for
further development of Ramblewood Road as a 90 foot Major Arterial
Road as outlined in the "Plan for Chesterfield". Acceptance of the
park as proffered, with recognition as a site of historical significance,
may preclude proper realignment'of Ramblewood Road and may
further impact current property owners south of said crossing to re-
route the roadway.
Adequate State and Federal regulations are currently in place to
protect areas of Historical or Cultural significance that do not require
the County to "rebate" or otherwise "discount" $140,875 in needed
cash proffers. The developer will have to address these protective
regulations during the design and construction process whether the
proffer is accepted or not.
The developer has not demonstrated that the areas identified in the
proffer meet the requirements for protection by this County or that
proper archeological studies have been conducted. The developer has
not offered any evidence that environmental studies have been
conducted which would clarify the feasibility of further enhancements
to the park needed to provide safe and proper access to the site of
Battery Walker.
All land proffers to this County, when made in lieu of cash proffers by
a developer, necessitate the same level of due diligence investigations
required for all capital expenditures in order to protect the interest of
the County taxpayer. The recent expenditures for the Pdver's Bend
Fire Station should serve as a glaring notice that not all proffers are
created equal.
The Chesterfield Historical Society, though a valuable asset to this
County, is still a Special Interest group and as such should not be
singled out for special consideration. Our County has several Youth,
6)
Church and Adult athletic associations, which warrant consideration
on an equal level of all other groups. T'nese athletic associations are
currently being required to bear a larger burden than they have
historically had to endure due to fiscal belt tightening and our existing
budget shortfalls. This is not the time to reject $140,875 in cash
proffers intended for Parks and Recreations; not while those who
would use the facilities 'for recreational purposes are being told to find
more volunteers and more money to use our existing facilities.
RAMBLEWOOD ROAD PROFFER
· The developer has proffered to dedicate 45 feet of right-of-way on the
north side of Ramblewood Road when measured from the existing
centerline.
This proffer appears to comply with the "Plan for Chesterfield" and its
intention to further develop Ramblewood Road as a 90 foot Major
Arterial Road, however no evidence has been submitted to suggest
this additional right-of-way is sufficient to incorporate the Horizontal
and Vertical alignment modifications which will be required to
provide a safe rail crossing at the CSX Railroad as previously
described.
The existing CSX rail crossing has signage to indicate it may be
unsafe for large truck traffic due to the vertical grade differences
encountered. The occurrences of track traffic will increase as the area
further develops and the possibility of a catastrophic accident will also
increase unless the situation is resolved. The current six year plans
provides funding for the first phase of eliminating this dangerous
crossing and should be given ample opportunity to address the
situation during the design process. Further aggravating or restricting
the process with inadequate fight-of-way proffers and / or
encroachments of park lands into the areas potentially needed for
realignment of Ramblewood Road would have adverse effects on
traffic and development patterns over much of the County's eastern
area.
14)
GREYLEDGE BLVD. CONSTRUCTION TRAFFIC PROFFER
· The proffer as written appears to prohibit construction traffic on
existing Greyledge Boulevard during the initial development. This
proffer may not be enforceable as is and no .provisions have been
identified to ensure compliance by the Contractors.
Existing Greyledge Boulevard is a residentially developed street with
a 25 mph speed limit and homes front upon and directly access the
roadway. This would not be allowed under current guidelines for
developing a 60 foot residential collector street.
This proffer is made at the request and in good faith consideration for
the residents of the Southbend subdivisions.
GENERAL COMMENTS
Parks & Recreation indicated they will seek vehicular access to the
park proffer, if accepted, from Greyledge Boulevard as well as
pedestrian access to existing Fort Wead lying east of the subject
property.
This property is separated from Fort Wead by an existing subdivision
lot in private ownership, the owner is unwilling to dedicate or concede
an easement or right-of-way for this purpose. A pedestrian sidewalk
exists across the frontage of said lot and should be used for pedestrian
access in the event the County chooses to accept the park proffer.
An existing lot, which has not been developed for residential purposes
adjoins Fort Wead on the south and also abuts this property. The lot
is preserved as open space in the Rockhaven subdivision due to a
large quantity of wetlands and is therefore not suitable for a
connecting pedestrian access for the stated environmental reasons.
Parks & Recreation should find the existing sidewalk system adequate
for access if warranted.
Vehicular access to the park proffer, if accepted, should be gated to
prohibit access between sunset and sunrise to prevent undesirable or
unlawful activities from occurring in parking or exhibit areas under
the cover of darkness.
Fort Wead lies just east of the subject property in a residential
subdivision and was preserved by the County as a Special Purpose
Park of a historical nature. The lot on which Fort Wead is located is
in a planned community complete with restrictive covenants
governing landscaping and architecture. The park is not on the
regular rotation for maintenance and the grass is only cut about twice
a year, usually after repeated phone calls from nearby residents. The
existing park is signed for specific operating hours but no enforcement
is made for the violations of said hours, which occur at an ever
increasing rate. No off-street parking is provided at the Fort and
visitors routinely park along and in Greyledge Boulevard; these
visitors include tour buses brought to the site at the direction and
benefit of a Special Interest group. Special Interest groups
periodically hold demonstrations at the site to include the firing of
black powder weapons in this residential setting, which would appear
to be in violation of several ordinances and statutes. The County does
not appear to exercise control over or receive any revenue from these
activities. This community does not need another Fort Wead; if
funding to adequately supervise and maintain the proposed Park at
Battery Walker is not available then denial of the associated proffer is
advised.
The subject property is currently assessed at $3,500 per acre and
reflects an approximate Fair Market Value of the land; this is the
amount the land would bring by bona fide bargaining between a well
informed buyer and seller without outside obligation or pressure to
purchase or sell. The developer has valued the 12 acre park proffer at
$11,740 per acre or 335% of the assessed value. This is not reflective
of bona fide bargaining; the County is not well informed as to the
actual value or condition of the land; the County was not in the market
for a Special Purpose park; the County had not identified a need for
additional Special Purpose parks in the eastern area; however, the
County does have a need to generate further revenues and
"discounting" the cash proffer is not in the best interest of the County.
The "Plan for Chesterfield" should be strictly adhered to in the eastern
area of the County due the rate of residential growth recently
experienced in the area in order to protect the quality of life current
residents enjoy and future residents expect. Land owners and
developer rights do not extend so far as to infringe upon the rights of
others and the Eastern Area Plan allows for orderly and responsible
growth while protecting the rights of all land owners.
The "Plan for Chesterfield" should be strictly adhered to in the eastern
area of the County and includes allowing provisions for and obtaining
revenues to develop a new community park in the area; further
develop roadways intended to carry current and projected traffic
volumes; restoring public school class sizes to a manageable level by
not allowing future residential developments in conflict with the
approved "Plan for Chesterfield".
1)
2)
RECOMMENDED PROFFERED CONDITIONS
CASH PROFFER
· . Require and accept a cash proffer of $7600 per dwelling unit; a
reduction of $200 per dwelling unit for P&R considerations.
PARK PROFFER
· Accept a land proffer of not more than 5 acres to preserve Battery
Walker for its historical significance. No portion of said park to
extend closer than 100 feet towards Ramblewood Road as currently
located. Mr. Fickett has stated in a recent news article that the Battery
lies 200 feet north of Ramblewood Road, 'so this provision should
adequately encompass the area outlined on the map he provided the
Chester Village News. Relief from cash proffers granted at $200 per
dwelling unit translates to $7,000 per acre donated for park purposes;
twice the assessed value. This would grant the County an additional
$605 per unit or $105,875 in cash proffers over the development
period. $7,000 per acre is more than a fair market price for land,
which either can not be developed for historical reasons, or did not
warrant protection to begin with.
6)
RAMBLEWOOD ROAD BUFFER PROFFER
· Impose a 50 foot buffer along and adjacent to existing
Ramblewood Road and the CSX Railroad right-of-ways to
prohibit any development in these areas. This 50 foot buffer to
be imposed for the purpose of preserving a corridor to realign
Ramblewood Road in both the vertical and horizontal planes to
ensure a safe road and rail crossing as well as prOvide a safety
zone for residences backing up to the tracks until such time the
crossing can be modified to allow for safe transportation.
Require pavement widening along Ramblewood Road as'
currently proffered at the request of the Transportation
Department to include granting the additional right-of-way as
proffered; the additional right-of-way to occur within the 50
foot buffer described and not in addition.
14)
CONSTRUCTION TRAFFIC PROFFER
· Accept as proffered with the following additional conditions;
Greyledge Boulevard not to be opened to through traffic until
50 dwelling units have been constructed; temporary signage be
placed at Greyledge Blvd. exiting the property prohibiting
construction related traffic on previously developed Greyledge;
Builders and/or General Contractors be restricted from using
Greyledge Boulevard for construction related traffic by deed
restriction and contractual agreement with the developer; the
developer provide a construction inspector to monitor
adherence to said proffer and report violations to the Planning
Department; initial development be defined as the period of
time beginning with issuance of any permit to include clearing
permits and ending once all proposed roadways within the
limits of this zoning case be accepted by the County for
inclusion into the County's transportation system.
Submitted for your consideration by:
Jack Griffin & Family
1201 Greyledge Boulevard
Bermuda District
Drewery's
Bluff is
Northernmost
Link in
Earthworks
Chain
~ Lang
~ Who':ne me(wnUe w°/k!ng
as an eXtra in the filrn Gods
~ and Generals, to be released
on February 2I..~bove is a
. copy of an oldmap showing
Battery l~Yalker and ather
earthwor~ along what is now
Ramblewood Driv~ The boxed
area is praposed as tt par,~
BY MARK FAUSZ · Like'addi~ boxcars ' "
subsequent skirmish Lt. Colonel O.M. Dantzler,
to a freight train George Fickett is gradually 'namesake of Battery Dantzler, was killed just a
building a Series of park sites that will tell the thousand feet away at Fort Dutton; which was
story of the.1864 Bermuda Hundred Campaign. located in the Walthall Village development.
Fiekett, chairman of the one-man committee of · Thi~ piece of history was enmigh £or Fickett
Civil War Sites for the. Chesterfield'Historical to ask Lawson: Cbenoweth, who is proposing
Society, is workifig'to preserve wh~i/::q[~ can a 175-Iot development on the property that
of the remaining earthworks that made up contains Battery Walle~, io preserve thc
the Confederate Howlett and Union Bermuda battery. Cbehoweth stgpped up to the plate 'and
been offered twelve acres as a proffered condition
/Walkn~ arid th~ lin6 :::tfI development. ~ The t~velve acres would
I that lead about 800-feet it.92~i i' ~flt/ompass the battery, as well as the earthworks
d about200 feet: leading to the South Bend development. It
0ff gairihlewood Drive where it cmsS~' the would also include a narrow strip of land that
CSX railroad tracks. The somewhat attached would connect it to the Fort
eoahworks ran southeast into the South Bend Wead park donated to the
development near Fort Wead, a previous county a few years ago.
Fickett acquisition. The Chenoweth. zoning
According to Ficketq Battery Walker case went to the planning
is an important location on'the Bermuda commission on October l5.
Hundred line thatnms about two miles across If all went well the
the Bermuda Hundred peninsula from Point· Battery Waller }itc will
of Rocks~ north to the James River. Battery be added to the eigh{
Waller ~as located on what' was the Foster existing -sites that, hav~
farm that Was caught up in battle on M~Y been' preserved and are
;18,: 1864. Confederate forces under General ineiuded in the county's
Beau:regard. assaulted the line on Foster's' park system.
farm. Casualties were severe, with four kiiled Fickett; who works
and fiftY2two wounded. Home to the. Union's as a graphics information.
97t~ Peun.sylvania Infantry,. Battery Walke~'::, services specialist for
was where Sergeant James E; Engle earned ~ Chesterfield County, is on
the Medal ogHonor for carrying ammunitio~ a mission to preserve sites The earthworl¢s '
to the'regirnent on the picket tine Under:! :like BattervW~iller "Iiust ;: of For~DrewryremalnintttdaTheperk
heavy fire from. the enemy ~& remained at th&!':: hate seein~what h~tae~ed ' sb~ice has ~¢en vigilant in carhtgfo~ the historic sit&
front to drstnbute the ammunition. During a ' Con~inuedonpage3~'
to save liisioric Ci{41W~i~§T where j
in some eases all that remain are slight
depressions in the ground some sites
look like they w~ie in Used to defend the
Confederacy only yesterday.
In the 1860's at the end of Chester
Road, heading northeast towards the
James River, was a farm owned by
Augustus Drewry with a 90-foot bluff
overlooking ~e river. Captain Drewry
knew that on his farm was a perfect bluff
-. along the James River that could protect
Richmond against the approach of the
Union army on the fiver. His infantry
set up the gun battery - four in the for
and four on the outside..It was a perfect
Gibraltar for the confederates.
On May 15, five Federal vessels, led
by the ironolads Monitor and Galena,
attempted to force their way rfp the
James and were driven off by. the defense
on the bluff..
There were mor6 battles at Drewry'~:
Continued on page 9