14SN0544
CASE MANAGER: Darla Orr
December 17, 2013 CPC
January 21, 2014 CPC
January 23, 2014 CPC
March 18, 2014 CPC
April 15, 2014 CPC
May 28, 2014 BS
STAFF’S
BS Time Remaining:
REQUEST ANALYSIS
365 days
AND
RECOMMENDATION
14SN0544
(AMENDED)
Midlothian Development Partners, LLC
Midlothian Magisterial District
Watkins Elementary, Midlothian Middle and Midlothian High SchoolsAttendance Zones
West line of Old Hundred Road
1500 Old Hundred Road
REQUEST:(AMENDED)Amendment of conditional use planned development (Case
07SN0206) relative to development plan, density, timbering, cash proffersand
access in a Residential (R-15) District.
PROPOSED LAND USE:
Asingle-family residential subdivision with a maximum of thirty-nine (39) lots,
yielding a density of approximately one (1) dwelling unit per acre is planned.
(Proffered Condition 1)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES2 THROUGH 6.
STAFF RECOMMENDATION
Recommend approvalfor the following reasons:
A.The proposed land use, including the requested modifications, complies with the
Comprehensive Plan, which suggests the property is appropriate for Suburban
Residential I use (maximum of 2.0 dwellings per acre).
B.Proffered conditions ensure the proposed development will be comparable with
existing area development.
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C.The proffered conditions adequately address the impacts of this development on
necessary capital facilities, in accordance with the Board of Supervisor’s policy,
thereby ensuring adequate service levels are maintained and protecting the health,
safety and welfare of County citizens.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S)MAY PROFFER CONDITIONS. CONDITIONSNOTED
“STAFF/CPC” WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION.)
PROFFERED CONDITIONS
The Applicant hereby deletes Proffered Condition 1 of Case 07SN0206 and amends Proffered
Conditions 2, 3, 5 and 6 as stated below.All other conditions of Case 07SN0206 shall remain in
force and effect.
The Applicant hereby amends Proffered Condition 2 of Case 07SN0206 to read as follows:
(STAFF/CPC)1.Density.The density of this development shall not exceed thirty-
nine (39) lots. (P)
The Applicant hereby amends Proffered Condition 3 of Case 07SN0206 to read as follows:
(STAFF/CPC)2.Timbering.Timber management, for the purpose of enhancing the
health and viability of the forest, under the supervision of a
qualified forester, will only be allowed upon the submission and
approval of the appropriate forest management plan to include, but
not limited to, erosion control, Chesapeake Bay Act/Wetland
Restrictions and the issuance of a land disturbance permit by the
Environmental Engineering Department. Any other timbering shall
be incorporated into the site development erosion and sediment
control plan/narrative as the initial phase of infrastructure
construction and will not commence until the issuance of the actual
site development land disturbance permit. (EE)
The Applicant hereby amends Proffered Condition 5 of Case 07SN0206 to read as follows:
(STAFF/CPC)3.Cash Proffer.
a.For each dwelling unit, the applicant, sub-divider, or
assignee(s) shall pay the following to the County of
Chesterfield, prior to the issuance of a certificate of
occupancy for infrastructure improvements within the
service district for the property; provided however that for
the period through June 30, 2017, the applicant, sub-
divider, or assignee(s) shall pay the following to the County
of Chesterfield, immediately after completion of the final
inspection:
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i.$18,966.00 per dwelling unit, if paid prior to July 1,
2017; or if paid after June 30, 2017, and before July
1, 2018, $18,966.00 per dwelling unit, adjusted for
the four year cumulative change in the Marshall and
Swift Building Cost Index between July 1 ofthe
fiscal year in which the case was approved and July
1 four years later. Thereafter, the per dwelling unit
cash proffer amount shall be automatically adjusted,
annually, by the annual change in the Marshall and
Swift Building Cost Index on July 1 of each year.
ii.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.
iii.Should any impact fees be imposed by Chesterfield
County at any time during the life of the
development that are applicable to the property, the
amount paid in cash proffers shall be in lieu of or
credited toward but not to be in addition to any
impact fees in a manner determined by the County.
b.Cash proffer payments shall be spent forthe purposes
proffered or as otherwise permitted by law.(B&M)
The Applicant hereby amends Proffered Condition 6 of Case 07SN0206 as follows:
(STAFF/CPC)4.Access.Except for one private driveway, there shall be no direct
vehicular access from the property to Old Hundred Road.Access
to adjacent properties shall be as generally shown on the attached
Access Plan.The exact location of these accesses shall be
approved by the Transportation Department. (T)
The Applicant offers the following additional proffered conditions which shall apply to all new
dwellings on the request property:
(STAFF/CPC)5.House Size.The minimum gross floor area for each dwelling unit
shall be 3,200 square feet. (P)
(STAFF/CPC)6.Architectural/Design Elements.
A.Front walks/Driveways
1.Driveways: All portions of driveways and parking
areas shall be hardscaped.
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2.Front Walks: A minimum of a four (4) foot wide
hardscaped front walk shall be provided to each
dwelling unit.
B.Landscaping and Yards
1.Street Trees: Except as outlined below, street trees
shall be planted or retained along both sides of all
streets that provide general circulation in
accordance with the Zoning Ordinance. Such trees
shall be deciduous shade trees planted at the rate of
at least one tree per lot, for lots up to forty (40) feet
wide, and every fifty (50) feet along streets with
wider lots. Variations in spacing to accommodate
other required improvements shall be permitted
provided that no two trees are spaced more than
fifty (50) feet apart. At the time of planting, trees
shall have a minimum caliper of 2” inches measured
at breast height (4’ 10” above ground).
2.Supplemental Trees: Prior to the issuance of a
Certificate of Occupancy for each dwelling unit, a
minimum of one (1) flowering tree shall be planted
in each front yard. At the time of planting, these
supplemental trees shall have a minimum caliper of
2” measured at breast height (4’ 10” above ground).
3.Front Yards: Except for the foundation planting
bed, all front yards shall be sodded.
4.Front Foundation Planting Beds: Foundation
planting is required along the entire front facade of
all units, and shall extend along all sides facing a
street. Foundation Planting Beds shall be a
minimum of 4’ wide from the unit foundation.
Planting beds shall be defined with a trenched edge
or suitable landscape edging material. Planting beds
shall include medium shrubs and may also include
spreading groundcovers.
C. Architecture and Materials
1.Repetition: Dwellings with the same elevations
maynot be located adjacent to, directly across from,
or diagonally across from each other on the same
street. This requirement does not apply to units on
different streets backing up to each other.
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2.Foundations: The exposed portion of any
foundation shall be brick or stone. Synthetic or
natural stucco foundations may be permitted for
façades constructed entirely of stucco. Rear walkout
basement walls shall be permitted to be sided or
cast concrete painted to match house.
3.Exterior Facades: Acceptable siding materials
include brick, stone, masonry, stucco, synthetic
stucco (E.I.F.S), and horizontal lap siding.
Horizontal lap siding may be permitted to be
manufactured from natural wood or cement fiber
board or may be premium quality vinyl siding.
Plywood and metal siding are not permitted.
Additional siding requirements:
a.Where a dwelling borders more than one
street, all street-facing facades shall be
finished in the same materials.
b.Cementitious and vinyl siding is permitted
in traditional widebeaded styles only, unless
otherwise approved by the Architectural
Board for special design conditions.
Premium quality vinyl is defined as vinyl
siding with a minimum wall thickness of
.044”.
c.Synthetic Stucco (E.I.F.S.) siding shall be
finished in smooth, sand or level texture.
Rough textures are not permitted.
D.Roof Material: Roofing material shall be dimensional
architectural shingles or better with a minimum 30 year
warranty.
E.Porches, Stoops and Decks
1.Front Porches: All front entry stoops and front
porches shall be constructed with continuous
masonry foundation wall or on 12”x12” masonry
piers. Extended front porches shall be a minimum
of five (5)’ deep. Space between piers under
porches shall be enclosed with framed lattice
panels. Handrails and railings shall be finished
painted wood or metal railing with vertical pickets
or swan balusters. Pickets shall be supported on top
and bottom rails that span between columns.
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2.Front Porch Flooring: Porch flooring shallbe
permitted to be concrete, exposed aggregate
concrete, or a finished paving material such as
stone, tile or brick, finished (stained dark) wood, or
properly trimmed composite decking boards.
Unfinished treated wood decking is not permitted.
All front steps shall be masonry to match the
foundation.
F.Front Loaded Garages: Front loaded garages shall be
located no closer to the street than the front facade of the
dwelling unit. (P)
GENERAL INFORMATION
Location:
The request property is locatedon the west line of Old Hundred Road, south of Breedon
Drive. Tax ID 714-698-3178.
Existing Zoning:
R-15
Size:
39.2acres
Existing Land Use:
Single-family residential and vacant
Adjacent Zoning and Land Use:
Northand West–A and R-15;Single-family residential or vacant
South –R-40 and R-15; Single-family residential or vacant
East –A; Single-family residential or vacant
UTILITIES
Public Water and Wastewater Systems:
The use of the public water and wastewater system is requiredby a condition inCase
07SN0206.This request will not impact the public water and wastewater systems.
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ENVIRONMENTAL
Theapplicant is modifying Proffered Condition 3 of Case 07SN0206 relative to no timbering
being permitted on the request property until a land disturbance permit has been issued and the
appropriate devices installed to more accurately reflect current practices. (Proffered Condition 2)
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 Planand Capital
Improvement Programand further detailed by specific departments in the applicable sections of
this request analysis.
Fire Service:
The Public Facilities Plan, as part of the Comprehensive Plan, indicates that fire and
emergency medical service (EMS) calls increased by forty-four (44) percentfrom 2001 to
2011,significantly faster than the County’s population increase of seventeen (17)
percent. Of the total incidents in 2011, nearly seventy-six (76) percent were medical
emergencies and twenty-four (24)percentwere fire-related. It is expected with the
general aging of the population that medical emergency incidents will increase faster than
the rate of population growth over time.Five (5) new fire/rescue stations are
recommended for construction by 2022 in the Plan. In addition to the five (5) new
stations, the Planalso recommends the replacement/revitalization of four (4) existing
stations.
Based on thirty-nine (39) dwelling units, this request will generate approximately seven
(7) calls for fire and EMS each year. The applicant has addressed the impact on fire and
EMS. (Proffered Condition 3)
The Swift Creek Fire Station, Company Number 16, currently provides fire protection
and EMS.When the property is developed, the number of hydrants, quantity of water
needed for fire protection, and access requirements will be evaluated during the plans
review process.
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Schools:
Residential
Yield:
39
Student Yield
From Functional % of
Membership, No. of
SchoolNameResidential Capacity, Capacity,
9-30-13Trailers **
Development 2013-142013-14
*
Elementary:8134%
Watkins1,0027493
Middle:480%
Midlothian1,2061,5060
High:691%
Midlothian1,4241,5690
Total18
Projected Membership and Capacity Trends Over Time ***
Projected % of Projected % of Projected % of
SchoolNameMembership, Capacity, Membership, Capacity, Membership, Capacity,
9-30-14 9-30-20
2013-149-30-15 2013-142013-14
Elementary:132%131%135%
Watkins9889781,011
Middle:82%82%82%
Midlothian1,2281,2311,242
High:92%96%107%
Midlothian1,4461,5121,674
NOTE: * The Student Yield is based on the FY2014 Cash Proffer Methodology as provided by the Chesterfield County
Finance Department.
NOTE: ** If a school is less than 90% of capacity and has trailers, those trailers are not identified in the staff report.
Student Membership is based on membership as of 09-30-13.
School Capacity is based on the 2013-14 Space Utilization Study.
Please note that Projected Membership AND Functional Capacity are updated on an
*** DISCLAIMER:
ANNUAL BASIS and are based on the September 30 membership for a given year and the Space Utilization Study
Report which is conducted every year. The Space Utilization Study is a report that is conducted annually whereby
Planning staff conducts a site visit of every school in the county and the Principal reviews his or her floor plan and
identifies the use of every classroom. From that information a report is prepared that calculates the Functional
Capacity of that school. The school system needs to know how each of their facilities is utilized for funding and space
allocation purposes. Again, it is important to note that these numbers change every year.
The proposed amended rezoning case will still have a significant impact on the aforementioned
schools involved, especially at the elementary level, despite the fact that the number of units
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would be reduced by six (6) units from forty-five (45) units to thirty-nine (39) units. The
capacity at Watkins Elementary exceeds the 120 percent over capacity threshold with its current
percentage of capacity at 134 percent. Over time this case, combinedwith other tentative
residential developments, infill developments and other zoning cases in the area, will continue to
push these schools over capacity. Staff continues to monitor student membership on a regular
basis in these areas and membership projections are analyzed and updated annually.
The projected student membership and capacity trends at this time indicate an overall increase in
membership at the elementary and secondary levels by 2020. The school system's CIP, Capital
Improvement Plan, includes a new school to be built in the Midlothian area that will provide
relief for schools in this area. However, the aforementioned units should remain subject to full
cash proffers in order to mitigate the impact that this proposed development would have on
schools. The applicant has offered measures to address the impact of the development on school
facilities. (Proffered Condition 3)
Libraries:
Development in this area would likely impact the existing Midlothian Library or one (1)
of two (2) proposed new libraries.The Public Facilities Planidentifies a need to expand
or replace the existing Midlothian Library and to construct two (2) new libraries to serve
this area of the County.One (1) new library is proposed for the Otterdale-Hull Street
Road vicinity and one (1) for the Otterdale-Genito Road vicinity.The applicant has
offered measures to assist in mitigating the impact of this development on library
facilities.(Proffered Condition 3)
Parks and Recreation:
The Public Facilities Planidentifies the need for three (3) regional parks totaling 600
acres, ten (10) community parks totaling 790 acres, nine (9) neighborhood parks totaling
180 acres, and three (3) water-based special purpose parks. The Planalso identifies the
need for urban parks within mixed use developments to compliment and provide linkages
to the County’s park system. The Planidentifies the need for linear parks & trails and
resource-based special purpose parks [historical, cultural and environmental] and makes
suggestions for their locations. The Planalso addresses the need to expand existing park
sites to meet level of service standards.The Planalso identifies the need to improve
access to blueways through the acquisition of easements and properties. Co-location with
schools and other compatible public facilities is desired. The applicant has offered
measures to assist in mitigating the impact of the proposed development on parks
facilities.(Proffered Condition 3)
County Department of Transportation:
The current proposal would reduce the density of the proposed development to a
maximum of thirty-nine (39) lots (Proffered Condition 1).Based on trip generation rates
for single-family housing, full development of the property could be expected to generate
approximately 440 average daily trips.
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The proposed amendment to Proffered Condition 6 of Case 07SN0206 precludes access
from the property to Old Hundred Road, with the exception of one private driveway.
Access to and from the property, including to adjacent properties, will conform to the
attached Access Plan. (Proffered Condition 4)
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development.With the proposed amendment to Proffered Condition 5
of Case 07SN0206, a cash payment in an amount consistent with the Board of
Supervisors’ current Cash Proffer Policy would be made to assist in mitigating the traffic
impact of this request.
Virginia Department of Transportation(VDOT):
State acceptance of the subject case subdivision shall be in accordance with the
Department’s 2005 Secondary Street Requirements (SSR’s).The revision to Case
07SN0206 Proffered Condition 6 (item 4 of the proposed revisions) to eliminate the access
connection along Old Hundred Road and to provide for internal access points to adjacent
parcels as depicted on the referenced Access Plan is in compliance with those regulations,
and therefore will not impact State acceptance.
Financial Impact on Capital Facilities:
Per Dwelling
Unit
Potential Number of New Dwelling Units39*1.00
Population Increase104.222.67
Number of New Students
Elementary8.210.21
Middle4.450.11
High5.960.15
Total18.630.48
Net Cost For Schools$ 368,355 $ 9,445
Net Cost for Parks$ 48,633 $ 1,247
Net Cost for Libraries$ 12,597 $ 323
Net Cost For Fire Stations$ 27,651 $ 709
Average Net Cost Roads$ 312,741 $ 8,019
Total Net Cost$ 769,977 $ 19,743
*Based on the proffered maximum density in this request. (Proffered Condition 1)
The original zoning (Case 07SN0206) was approved in June 2008 with cash proffers in the
amount of $15,600 per dwelling unit (currently escalated by the Marshall and Swift Building
Cost Index to $19,971). The original case also included an option, with the agreement of the
Transportation Department, to provide road improvements that would reduce the roads portion of
the cash proffer by an amount equal to the cost of the proffered road improvements.
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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, parks, libraries, fire stations
and roads as $19,743 per unit. The applicant has requested to amend its access proffer and has
proffered the Board’s current cash proffer maximum of $18,966 to fully address the
development’s impact on capital facilities. The proffer also includes language that would freeze
the $18,966 contribution for a period of four (4) years, beginning on July 1 of the fiscal year in
which the case is approved, after which it would be escalated by the cumulative change in the
Marshall and Swift Building CostIndex each July 1, a provision recently adopted by the Board
of Supervisors.
LAND USE
Comprehensive Plan:
The Comprehensive Plansuggests the property is appropriate for Suburban Residential I
use (maximum of 2.0 dwellings per acre).
Area Development Trends:
Area properties are zoned residentially and agriculturally and are occupied by single-
family residential use on acreage parcels and within Hallsley and North Hundred
Subdivisions.
Zoning History:
On June 25, 2008the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved rezoning of the request property from Agricultural (A)
to Residential (R-15) with conditional use planned development to permit exceptions to
ordinance requirements(Case 07SN0206).Conditions of approval limited density to a
maximum of forty-five (45) lots, permitted a portion of the property to have a clustered
development design, required an access to Old Hundred Road and other road
improvements.
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Current Proposal:
Theapplicant is proposing the following amendments to Case 07SN0206.All other
conditions of Case 07SN0206 would remain in force and effect.
EXISTING ZONING CURRENT PROPOSAL
(CASE 07SN0206)(CASE 14SN0544)
Minimum lot size of 9,500
Minimum lot size of 15,000
LOT SIZEsq. ft. permitted for up to
sq. ft. permitted
26cluster lots
DENSITYMaximum of 45 lotsMaximum of 39 lots
Language updated as
TIMBERINGrequested by the
Standard language
(*Environmental Engineering)Environmental Engineering
Department
IMPACTS ON CAPITAL
$18,966 per unit with
FACILITIES$15,600 escalated to
delayed escalator per
(*Financial Impact on Captial $19,971 per unit
Board’s policy
Facilities)
Only one (1) private
ACCESSOne public road access to
driveway access permitted
(*Transportation)Old Hundred Road required
to Old Hundred Road
The items noted with * are discussed in further detail in the noted section of this report.
House Size and Architectural Treatment:
Toensure that the proposed development is comparable to the adjacent Hallsley
Subdivision, Proffered Conditions 5 and 6 offer a minimum house size and use of
architectural standards and design elements which includea prohibition on repetitive
facades adjacent to each other,and treatment and materials for foundations, front porches
and stoops, roofs, exterior facades, driveways, and front walks.
To ensure garages are not the prominent architectural feature along the streetscape,
Proffered Condition 6.F. would require front loaded garages to be setback no closer to the
street than the front facade of the dwelling.
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Street Trees and Supplemental Landscaping:
Street trees will be provided along both sides of all streets (Proffered Condition 6.B.1).
Additional landscaping to include supplemental trees on individual lots, sodded front
yards, and foundation planting beds is also guaranteed. (Proffered Condition 6.B.2 –4)
CONCLUSIONS
The proposed land use, including the requested modifications, complies with the Comprehensive
Plan, which suggests the property is appropriate for Suburban Residential I use (maximum of 2.0
dwellings per acre).
In addition, proffered conditions ensure the proposed development will be comparable with
existing area development.
Finally, the proffered conditions adequately address the impacts of this development on
necessary capital facilities, in accordance with the Board of Supervisor’s policy, thereby
ensuring adequate service levels are maintained and protecting the health, safety and welfare of
County citizens.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (12/17/13):
The Commission on their own motion and with the applicant’s consent deferred this case
to their January 21, 2014 public hearing.
Staff (12/17/13):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than December 23, 2013 for consideration at the
Commission’s January 21, 2014 public hearing.
Planning Commission Meeting (1/21/14):
Due to inclement weather, the Planning Commission meeting was postponed to January
23, 2014.
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Planning Commission Meeting (1/23/14):
On their own motion and with the applicant’s consent, the Commission deferred this case
to their March 18, 2014 public hearing.
AYES: Messrs. Wallin, Patton, Brown and Waller.
ABSENT: Mr. Gulley.
Staff (1/24/14):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than January 27, 2014 for consideration at the Commission’s
March 18, 2014 public hearing.
Staff (2/28/14):
To date, no new or revised information has been received.
Planning Commission Meeting (3/18/14):
On their own motion and with the applicant’s consent, the Commission deferred this case
to their April 15, 2014 public hearing.
Staff (3/19/14):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than March 24, 2014 for consideration at the Commission’s
April 15, 2014 public hearing.
Applicant(3/14 and 3/24/14):
Revised proffered conditions and an access planwere submitted.
Staff (4/15/14):
Schools revised their comments to include projected membership and capacity trends.
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Planning Commission Meeting (4/15/14):
The applicantaccepted the recommendation. There was no opposition present.
On motion of Mr. Waller, seconded by Mr. Gulley, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 through 6.
AYES: Messrs. Wallin, Patton, Brown, Gulley and Waller.
The Board of Supervisors, on Wednesday, May 28, 2014 beginning at 6:30 p.m., will take under
consideration this request.
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