14SN0573CASE MANAGER: Darla Orr
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BS Time Remaining:
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
~~., 17 '111 ~ ('~D('~
July 23, 2014 B S
14SN0573
Landing Development Corporation
Matoaca Magisterial District
Woolridge Elementary, Tomahawk Creels Middle
and Cosby High Schools Attendance Zones
Southeast corner of Crown Point and Woolridge Roads
Vicinity of 4800 Woolridge Road
REQUEST: Amendment of zoning (Case OSSN0193) relative to density, cash proffers, road
improvements and recreational facilities in a Residential (R-25) District.
Specifically, Proffered Condition 12 of Case OSSN0193 which required an
upfront transportation contribution would be deleted. Proffered Conditions 4, 11,
15 and 17 of Case OSSN0193 would be amended to decrease cumulative density,
modify cash proffers relative to a credit allowed for road constriction and to meet
maximum acceptable amounts in the current Cash Proffer Policy, remove
requirements for improvements to Woolridge Road, and to expand recreational
uses pernutted.
PROPOSED LAND USE:
A single-family residential development with a maximum of sixty-one (61) lots is
planned, yielding a density of approximately 1.0 dwelling unit per acre. (Proffered
Condition 1)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THOUGH 5.
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
STAFF RECOMMENDATION
Recommends approval for the following reasons:
A. The proposed zoning and land uses conform to the Comprehensive Plan which
suggests the property is appropriate for Suburban Residential I use (maximum of
2.0 dwellings per acre).
B. The proffered conditions adequately address the impact of this development on
necessary capital facilities, in accordance with the Board of Supervisors' policy
thereby ensuring adequate service levels are maintained and protecting the health,
safety and welfare of County citizens.
(NOTE: CONDITIONS MAY BE IMPOSED AND THE PROPERTY OWNER(S) MAY
PROFFER OTHER CONDITIONS. CONDITION(S) NOTED "STAFF/CPC" WERE AGREED
UPON BY BOTH STAFF AND THE COMMISSION.)
PROFFERED CONDITIONS
With the approval of this request, Proffered Condition 12 of Case OSSN0193 would be deleted
and Proffered Conditions 4, 11, 15 and 17 of Case OSSN0193 would be amended as outlined
below. All other conditions of Case OSSN0193 shall remain in full force and effect.
The Applicant amends Proffered Condition 4 of Case OSSN0193 to read as follows:
(STAFF/CPC) 1. A maximum of 61 lots shall be permitted.
The Applicant amends Proffered Condition 11 of Case OSSN0193 to read as follows:
(STAFF/CPC) 2. Cash Proffers:
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 building permit for
infrastnicture improvements within the service district for
the property; provided, however, that 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 but
before the certificate of occupancy is issued:
i. $18,966.00 per dwelling unit, if paid prior to July 1,
2017; or
ii. If paid after June 30, 2017, and before July 1, 2018,
$18,966.00 per dwelling unit, adjusted for the four
2 14SN0~73-20141liL23-BOS-RPT
year cumulative change in the Marshall and Swift
Building Cost Index between July 1 of the 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.
B. 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.
C. 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 deternuned by the
County.
D. Cash proffer payments shall be spent for the purposes
proffered or as otherwise perntted by law.
The Applicant amends Proffered Condition 15 of Case OSSN0193 to read as follows
(STAFF/CPC) 3. To provide an adequate roadway system, the developer shall
provide the following improvements with initial development of
the property:
a. Constriction of additional pavement along Woolridge Road
at the approved access to provide left and right turn lanes, if
warranted, based on Transportation Department standards.
b. Dedication to and for the benefit of Chesterfield County,
free and unrestricted, of any additional right of way (or
easements) required for the improvements identified above.
The Applicant amends Proffered Condition 17 of Case OSSN0193 to read as follows
(STAFF/CPC) 4. Recreational facilities shall be limited to a wallcing path, picnic
area, pavilion and pier which would pernut observation and
launching of personal watercraft such as canoes, kayaks and paddle
boats. A maximum of two (2) storage strictures for personal
watercraft such as canoes, lcayalcs and paddle boats shall be
permitted.
3 14SN0~73-20141liL23-BOS-RPT
The Applicant offers the following additional proffered condition:
(STAFF/CPC) 5. Architecture/Design Elements
A. Front Wallcs/Driveways:
A nunimum of a four (4) foot wide hardscaped front
walls shall be provided from the driveway to each
dwelling unit
2. All portions of driveways and parking areas shall be
hardscaped.
B. Landscaping and Yards
Supplemental Trees: Prior to the issuance of a
Certificate of Occupancy for each dwelling unit, a
minimum of one (1) deciduous tree shall be planted
in each front yard. At the time of planting, these
supplemental trees shall have a nunimum caliper of
2" measured at breast height (4' 10" above ground).
2. Front Yards: Except for the foundation planting
bed, all front yards shall be sodded.
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 shnibs and may also include
spreading groundcovers.
C. Architecture and Materials
Repetition: Dwellings with the same elevations
may not be located adjacent tq 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.
2. Exterior Facades: Acceptable siding materials
include brick, stone, masonry, stuccq synthetic
stucco (E.LF.S), and approved horizontal lap siding.
4 14SN0~73-20141liL23-BOS-RPT
Horizontal lap siding may be manufachired from
natural wood or cement fiber board or may be
premium quality vinyl siding. Plywood and metal
siding are not pernutted. 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.
Prenuum quality vinyl is defined as vinyl
siding with a nunimum wall thickness of
.044".
c. Synthetic Stucco (E.LF.S.) siding shall be
finished in smooth, sand or level texture.
Rough textures are not pernutted.
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 constricted with continuous
masonry foundation wall or on 12"x12" masonry
piers. Extended front porches shall be a nunimum
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.
2. Front Porch Flooring: Porch flooring may be
concrete, exposed aggregate concrete, or a finished
paving material such as stone, the or brick, finished
(stained dark) wood, or properly trimmed composite
decking boards. Unfinished treated wood decking is
not acceptable. All front steps shall be masonry to
match the foundation.
14SN0~73-20141liL23-BOS-RPT
F. Front Loaded Garages: Front loaded garages shall be
located no closer to the street than the front facade of the
dwelling unit.
(STAFF/CPC) 6. A twenty (20) foot buffer, exclusive of easements and required
yards, shall be provided adjacent to Crown Point Rd from the
western terminus of the thirty (30) foot wide tree preservation strip
(Condition 9 of Case OSSN0193). This buffer shall be provided in
accordance with Zoning Ordinance requirements and shall be
supplemented with plantings as necessary to comply with one (1)
times Landscape C.
GENERAL INFORMATION
T ncati nn
The request property is located in the southeast corner of Crown Point and Woolridge
Roads. Tax IDs 717-681-3039, 6767 and 8129; 717-682-6832; 718-681-3676; and 718-682-
3148.
Existing Zonin
R-25
Size:
59.1 acres
Existing Land Use:
Vacant
Adj acent Zoning and Land Use:
North - R-40; Swift Creels Reservoir, single-family residential or vacant
South and East - R-9 and A; Single-family residential or vacant
West - A; Single-fanuly residential or vacant
T TTTT TTTRC
Public Water System:
There is a sixteen (16) inch water line extending along Woolridge Road. Connection to
the public water system is required by County Code and Case OSSN0193.
Ei 14SN0~73-20141liL23-BC)S-RPT
Public Wastewater System:
There is an existing fifteen (15) inch wastewater tnlnlc line extending along the boundary of
the Swift Creels Reservoir, adjacent to Foxfire Subdivision, Section 6, which ternunates
approximately 700 feet west of the request site. Connection to the public wastewater
system is required by County Code and Case OSSN0193.
ENVIRONMENTAL
The applicant proposes constriction of recreational facilities within and near the Swift Creels
Reservoir. Prior to commencing any activities within the Reservoir, the developer must obtain
necessary approvals from local and State agencies which include, but are not linuted to:
• Water Quality Impact Assessment (WQIA) managed by the Water Quality
Section of the Environmental Engineering Department,
• A license agreement managed by the Right-of--Way Section of the Utilities
Department,
• Corps of Engineers and Department of Environmental Quality Permits,
• Confirmation that the land area under the lake, where the proposed activities will
be located, is also owned by the applicant, and
• A building pernut.
PUBLIC FACILITIES
The need for schools, parks, libraries, fire stations, and transportation facilities in this area is
identified in the County's adopted Public Facilities Plan, Thoroughfare Plan and Capital
Improvement Program and further detailed by specific departments in the applicable sections of
this request analysis.
Fire Service:
The Public Facilities Plan, as part of the Comprehensive Plan, indicates that fire and
emergency medical service (EMS) calls increased by forty-four (44) percent from 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) percent were 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 constriction by 2022 in the Plan. In addition to the five (5) new
stations, the Plan also recommends the replacement/revitalization of four (4) existing
stations.
7 14SN0~73-20141liL23-BOS-RPT
Based on sixty-one (61) dwelling units, this request will generate approximately six (6)
calls for fire and EMS each year. The applicant has addressed the impact on fire and
EMS. (Proffered Condition 2)
The Swift Creels Fire Station, Company Number 16, currently provides fire protection
and. EMS.
Fire and EMS does not have an objection to the number of dwelling units proposed as it
does not exceed the number of units served by one (1) access previously approved by
Case OSSN0193.
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.
8 14SN0~73-20141liL23-BOS-RPT
Schools:
Residential Yield:
61
Student Yield
From Membership, Functional ~ No. of
School Name Residential 9-30-13 Capacity, ~ ~' Trailers **
Development 2013-14
Woolridge 13 732 720 ° "'^"~~'w
Tomahawk Creek 7 1,294 1,366
Cosby
School
Name
9 2,025 1,750 ~ "
29
Projected Membership and Capacity Trends Over Time
Projected Pr~je c to d
~Icmlx~ship, ~Icmlx~ship,
9-30- 14 9-30-
Woolrid~~c 724 695
Tomahawk Creek 1,340 1,375
Cosby 1,974 a 2,025 i"
3
1
9
Pro,jc etc d
~Icmlx~ship,
9-30-20
721
1,514
2,075
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.
** * DISCLAIMER: Please note that Projected Membership AND Functional Capacity are updated on an 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.
After review of this request, the proposed amended rezoning case will have a significant
impact on the aforementioned schools. The capacity at Cosby High is approaching the
120 percent over capacity threshold with its current percentage of capacity at 116 percent.
The projected student membership and capacity trends at this time indicate that there will
be an overall increase in membership at the elementary and secondary levels by 2020.
Staff continues to monitor student membership on a regular basis in these areas and
membership projections are analyzed and updated annually. School boundary
adjustments may be made to address over capacity levels.
9 14SN0~73-20141liL23-BOS-RPT
Over time this case, combined with other tentative residential developments, infill
developments and other zoning cases in the area, will continue to push these schools over
capacity. Therefore, the aforementioned units should be subject to full cash proffers 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 2)
Libraries:
Development in this area of the County would likely impact the existing Clover Hill or
Midlothian Library, or one (1) of two (2) proposed new libraries for this area of the
County. The Public Facilities Plan recommends expansion or replacement of the existing
Clover Hill and Midlothian Libraries, and identifies the need for one (1) new library in
the vicinity of Hull Street and Otterdale Roads and one (1) new library in the vicinity of
Genito and Otterdale Roads in order to address service gap and demand issues related to
anticipated population increases. The applicant has offered measures to assist in
addressing the impact of this development on library facilities. (Proffered Condition 2)
Parks and Recreation:
The Public Facilities Plan identifies 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 Plan also identifies the
need for urban parks within mixed use developments to compliment and provide linkages
to the County's park system. The Plan identifies the need for linear parks & trails and
resource-based special purpose parks [historical, cultural and environmental] and makes
suggestions for their locations. The Plan also addresses the need to expand existing park
sites to meet level of service standards. The Plan also 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 ntigating the impact of the proposed development on parks
facilities. (Proffered Condition 2)
County Department of Transportation:
In conjunction with Case OSSN0193, a transportation cash proffer per the Board of
Supervisors' Cash Proffer Policy was not offered, but an equivalent transportation
contribution was proffered (Proffered Condition 12 of Case OSSN0193). Specifically, the
proffered condition required payment of $526,985, adjusted upward by any Board of
Supervisors' approved increase in the Marshall and Swift Building Cost Index, prior to
the recordation of any lots. The applicant is requesting to delete this proffered condition
but has proffered cash, in an amount consistent with the Board of Supervisors' Cash
Proffer Policy, towards mitigating the traffic impact of this request.
10 14SN0~73-20141liL23-BOS-RPT
Proffered Condition 15 of Case OSSN0193 required the developer tq among other things,
reconstnict the substandard curve on Woolridge Road adjacent to the property. Because
this curve has been reconstnicted as a public project, the applicant has requested to
amend this condition to remove the requirements to reconstnict Woolridge Road adjacent
to the property. The amended condition will still require the applicant to constrict right
and left turn lanes along Woolridge Road to serve the development.
Virginia Department of Transportation (VDOT):
The Department has no objections to the proffered condition amendments and additions
of Case OSSN0193 (Tentative Plan 06TS0320) as those changes will not impact
compliance with the applicable 2005 Subdivision Street Requirements (24VAC30-91) for
street acceptance and with the Access Management Regulation (24VAC30-73) standards
for access locations.
Financial Impact on Capital Facilities:
Per Dwelling
Unit
Potential Number of New Dwellin Units 61 * 1.00
Po elation Increase 163.01 2.67
Number of New Students
Elementa 12.85 0.21
Middle 6.97 0.11
Hi h 9.33 0.15
Total 29.14 0.48
Net Cost For Schools $ 576,145 $ 9,445
Net Cost for Parks $ 76,067 $ 1,247
Net Cost for Libraries $ 19,703 $ 323
Net Cost For Fire Stations $ 43,249 $ 709
Avera e Net Cost Roads $ 489,159 $ 8,019
Total Net Cost $ 1,204,323 $ 19,743
*Based on the maximum nember of enits proposed wit h this reaeest. (Proffered Condition 11
This 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 is requesting to amend the cash proffer approved with Case OSSN0193. As
approved, this cash proffer was $6,685 per dwelling unit, currently escalated to $9,185, in
addition to a lump transportation contribution payable prior to the recordation of the initial
subdivision plat in the amount of $525,985, currently escalated to $722,514. To address the
impact of this development on capital facilities, the applicant has requested to reduce the cash
proffers to the current maximum of $18,966 per unit. The proffer also includes language that
11 14SN0~73-20141liL23-BOS-RPT
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 Code Index. These cash proffers would defray the
cost of the capital facilities necessitated by this proposed development.
The Planning Commission and Board of Supervisors, through their consideration of this request,
may determine that there are unique circumstances relative to this request that may justify
acceptance of proffers as offered for this case. Staff finds the proffer of $18,966 acceptable.
T ANTI TTCF
Comprehensive Plan:
The Comprehensive Plan suggests the property is appropriate for Suburban Residential I
use (maximum of 2.0 dwellings per acre).
Area Development Trends:
Swift Creels Reservoir borders the request property to the north. Other properties to the
north are zoned Agricultural (A) and Residential (R-40) and are occupied by single-
family residential use within Kingspoint Subdivision or are vacant. Properties to the
south and east are zoned Residential (R-9) and Agricultural (A) and are occupied by
single-family residential use within Red Fern Station Subdivision or are vacant.
Properties to the west are zoned Agricultural (A) and are occupied by single-fanuly
residential use or are vacant. It is anticipated that residential use will continue in the area
as suggested by the Plan.
Zoning HistorX:
On Febniary 22, 2006 the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved rezoning of the request property (Case OSSN0193)
from Agricultural (A) to and Residential (R-40) to Residential (R-25) plus Conditional
Use to pernut neighborhood recreational facilities. In addition, the Board granted relief
from street access requirements to allow sixty (60) lots on one (1) access and approved a
waiver to street connectivity requirements which elinunated a public street connection to
Crown Point Drive in the Kingspoint Subdivision north of the request property.
Conditions of approval addressed utilities, timbering, storm water, density, house size,
foundation treatment, access, tree preservation, impacts on capital facilities, road
improvements, and recreational facilities.
12 14SN0~73-20141liL23-BOS-RPT
Current Proposal:
The applicant is proposing the following amendments to Case OSSN0193. All other
conditions of Case OSSN0193 would remain in force and effect. A comparison of the
existing zoning conditions and the current proposal is offered below.
EXISTING ZONING CURRENT PROPOSAL
(CASE OSSN0193) (CASE 14SN0573)
TRANSPORTATION
CONTRIBUTION Upfront cash payment Deleted; consideration given
(*Financial Impact on Capital towards road impacts - since inip~oveu~ents to
Facilities & Transportation) $525,985 (escalated to Wooh~idge Rd at subject
$722,514) p~ope~ty aye complete
Maximum of 62 units (3 Maximum of 61 units (1
DENSITY existing dwellings plus 59 existing dwelling plus 60 new
new units) units)
(Proffered Condition 1)
IMPACTS ON CAPITAL $6,685 (escalated to $9,185) $18
966 per unit with delayed
FACILITIES per unit for schools, parks, ,
escalator per Board's current
(*Financial Impact on Capital libraries & fire plus the lump policy
Facilities) sum transportation
(Proffered Condition 2)
contribution
Reconstriction of Woolridge Constriction of turn lanes &
ROAD IlVIl'ROVEMENTS Rd (curve & lanes) plus turn
right-of--way dedication
(*Transportation) lanes &right-of--way (Proffered Condition 3)
dedication
Wallcing trails, picnic area &
pier to pernut observation
plus launching of personal
RECREATIONAL USE Wallcing trails, picnic area & watercraft (i.e., canoes,
observation dock kayaks & paddle boats; 2
storage strictures for personal
watercraft also pernutted
(Proffered Condition 4)
Architectural Treatment:
To address concerns of the District Comnussioner that the proposed dwellings are
comparable in quality to area residential developments, Proffered Condition 5 offers use
of architectural standards and design elements which include a prohibition on repetitive
facades adjacent to each other, and treatment and materials for front porches and stoops,
roofs, exterior facades, driveways, and front wallcs.
13 14SN0~73-20141liL23-BOS-RPT
To ensure garages are not the prominent architectural feature along the streetscape,
Proffered Condition S.F. would require front loaded garages to be setback no closer to the
street than the front facade of the dwelling.
Buffer and Supplemental Landscapi~n
To ease concerns of area residents regarding visibility of lots from Crown Point Road,
Proffered Condition 6 would require a twenty (20) foot buffer west of the tree
preservation area (Condition 9 of Case OSSN0193). When previous subdivision plans
were approved for this development, the Subdivision Ordinance required this twenty (20)
foot buffer; however, the ordinance has been amended to no longer require this buffer.
The applicant wanted to ensure area residents that this buffer would be maintained.
Additional landscaping to include supplemental trees on individual lots, sodded front
yards, and foundation planting beds is also guaranteed. (Proffered Condition S.B.1 - 3)
CONCLUSIONS
The proposed amended zoning and land use conforms to the Comprehensive Plan which suggests
the property is appropriate for Suburban Residential I use (maximum of 2.0 dwellings per acre).
In addition, the proffered conditions adequately address the impact of this development on
necessary capital facilities, in accordance with the Board of Supervisors' 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 (6/17/14):
The applicant's representative accepted the recommendation. There was no opposition
present.
On motion of Dr. Wallin, seconded by Mr. Gulley, the Comnssion recommended
approval and acceptance of the proffered conditions on pages 2 through 5.
AYES: Messrs. Wallin, Patton, Brown, Gulley and Waller.
The Board of Supervisors, on Wednesday, July 23, 2014 beginning at 6:30 p.m., will take under
consideration this request.
14 14SN0~73-20141liL23-BOS-RPT
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05SN0193 (Amended)
In Matoaca Magisterial District, SBF LLC requests rezoning
and amendment of zoning district map from Agricultural (A)
and Residential (R-40) to Residential (R-25) and relief from
street access requirements plus a Conditional Use to permit
x~ rational facilities. Residential use of up to 1.74 units
1-ss acre is permitted in a Residential {R-25) District. The
C-mprehensive Plan suggests the property is appropriate for
residential use of 2.0 units per acre or less. This request
lies on 61.4 acres fronting approximately 1,950 feet on the
west line of Woolridge Road, also fronting approximately 730
feet on the south line of Crown Point Road and located in the
southwest quadrant of the intersection of these roads. Tax
IDs 717-681-5038 and 6767; 717-682-6832; 718-681-3676; and
718-682-3148 {Sheets 9 and 15}.
Ms. Jane Peterson presented a summary of Case 05SN0193 and
stated the Planning Commission and staff recommended approval
of the rezoning and conditional use and acceptance of the
proffered conditions. She noted the request conforms to the
Upper Swift Creek Plan. She stated the Planning Commission
recommended approval of the request for relief from street
access requirements and a waiver to street connectivity. She
further stated staff has concerns relative to relief from
street access and connectivity requirements which promote
accessibility.
In response to Mr. Miller's question, Ms. Peterson stated no
additional access would be pl+, ~d on Crown Point Road if the
proposal included two access _-ints. She further stated if
all 62 lots are allowed to have access to Crown Point Road,
the 1500 vehicle per day limitation would not be exceeded;
therefore, the requested waiver does not meet the criteria
for approval.
Mr. Andy Scherzer, representing the applicant, stated Crown
Point residents were concerned that connection would result
in cut-through traffic. He further stated the applicant is
allowing one access to Woolridge Road because there is well
over 1,500 feet of road frontage, indicating the
Transportation Department's desire to minimize the number of
---sses al-ng Woolridge Road. He stated, at some point,
~~~ljaoant prcrerty will be developed providing a second access
f ~r the pr ~ ~~ s~~_' development. He further stated the density
has been reduced to 59 dwelling units, resulting in only nine
units in excess of the requirement for a second access. He
stated the Planning Commission recommended approval and
requested the Board's support.
Mr. King called for public comment.
No one came forward to speak to the request.
In response to Mrs. Humphreys question, Mr. Scherzer stated
the applicant has agreed to provide the transportation
portion of the cash proffer prior to the first building
permit being issued. He further stated the dev~l~per is
planning to provide construction along Woolridge } I r in
whatever area Transportation staff directs, to the limits of
the cash contribution, indicating that he believes the
developer can provide two or three times the amount of road
improvements as the county using the same dollars because the
06-154
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private sector is not limited in the procurement process.
He stated the applicant, in addition to the cash proffer, has
also agreed to improve a dangerous curve on Woolridge Road
along the road frontage of the subject property.
Mrs. Humphrey stated she appreciates the lowering of the
density and the road improvements being offered by the
applicant.
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
approved Case 055N0193 and accepted the following proffered
conditions:
1. Public water and wastewater systems shall be used. {U}
2. 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}
3. The tentative subdivision shall be designed to achieve a
.22 phosphorus runoff limitation on-site unless on the
date of submission of the tentative subdivision plan, a
more restrictive standard is required by Ordinance for
on-site runoff limitations, in which case the tentative
subdivision shall be designed to meet the more
restrictive standard. (EE)
4. A maximum of fifty nine (59) additional dwelling units
for a cumulative total of sixty- two (62) dwelling units
shall be permitted on the property. {p)
5. The minimum gross floor area for each new dwelling unit
shall be 2500 square feet. (P)
6. All exposed portions of the foundation of each new
dwelling unit shall be faced with brick or stone veneer.
Exposed piers supporting front porches shall be faced
with brick or stone veneer. (BI & P)
7. Manufactured homes shall not be permitted. (P}
8. Only one lot shall be permitted access to Crown Point
Road. Such lot shall have a minimum lot area of 88,807
square feet. (P)
9. A tree preservation area, containing a minimum width of
thirty {30} feet, shall be maintained along the south
side of the ultimate right of way of Crown Point Road,
extending a minimum of 200 feet west of the ultimate
right of way of Woolridge Road. Within this area, any
healthy trees that are six {6} inches in caliper or
greater shall be retained. As an alternative to this
tree preservation, this area shall be landscaped in
compliance with the Zoning Ordinance requirements for
fifty (50) foot buffers. At the time of subdivision
plan review, a landscape plan shall be submitted for
review and approval by the Planning Department
demonstrating compliance with this condition. (P}
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10. Prior to tentative subdivision approval, the developer
shall submit certification to the Planning Department
that the adjacent landowners have been notified in
writing of the submission of the tentative plan to the
County for review and approval. The tentative
subdivision application shall not be considered complete
until such certification has been submitted to the
Planning Department. The fifteen (15} day period for
appeals to the Planning Commission shall not commence
until such certification has been provided. (P}
11. Impacts on Capital Facilities. In addition to the
Transportation Contribution described in Proffered
Condition 12, the applicant, subdivider, or assignees}
shall pay the following to the County of Chesterfield,
for infrastructure improvements within the service
district for the property:
A. If payment is made prior to July 1, 2006, $6,685.00
per dwelling unit. At time of payment $6,685.00
will be allocated pro-rata among the facility costs
as follows: $602.00 for parks and recreation,
$348.00 for library facilities, $5,331.00 for
schools, and $404.00 for fire stations; or
B. If payment is made after June 30, 2006, the am-unt
approved by the Board of Supervisors not to e----d
$6,685.00 per dwelling unit pro-rated as set f th
in Proffered Condition 11.A. above and adjusted
upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 2005, and July
1 of the fiscal year in which the payment is made.
C. Cash proffer payments shall be spent for the
purposes proffered or as otherwise permitted by
law.
D. Should any impact fees be imposed by the County of
Chesterfield 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 be in addition to,
any impact fees, in a manner determined by the
County. [B & M}
12. Transportation Contribution. The applicant, his
successor(s), or assignee(s) (the "Applicant") shall pay
to the County of Chesterfield prior to recordation of
the initial subdivision plat the amount of $525,985.00.
If this amount is paid after June 30, 2006, the amount
paid shall be adjusted upward by any Board of
Supervisors' approved increase in the Marshall and Swift
Building Cost Index between July 1, 2005 and July 1 of
the fiscal year in which the payment is made. The
payment shall be used for road improvements in
accordance with the Board's cash proffer policy. The
payment could be used towards road improvements to
Woolridge Road.
If, upon the mutual agreement of the Transportation
Department and the Applicant, the Applicant provides
road improvements (the "Improvements"), other than those
road improvements identified in Proffered Condition 15,
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02/22/06
tl~~r the transportation contribution in this Pr ff~ ~~
G rdition shall be reduced by an amount not to ~ _~~
the cost to construct the Improvements as determined by
the Transportation Department. Thereafter, the Applicant
shall pay the balance of the transportation contribution
as set forth in this Proffered Condition. For the
purposes of this Proffered Condition, the costs, as
approved by the Transportation Department, shall
include, but not be limited to, the cost of right-of-way
acquisition, engineering costs, costs of relocating
utilities and actual costs of construction (including
labor, materials, and overhead) ("Work"). Before any
Work is performed, the Applicant shall receive prior
written approval by the Transportation Department for
any credit. [T}
13. Direct access from the property to Woolridge Road shall
be limited to one (1) public road and one (1) private
driveway that serves the parcel identified as Tax ID
717-681-5038. The exact location of the public road
shall be approved by the Transportation Department. [T}
14. In conjunction with recordation of the initial
subdivision plat or within sixty (60) days of a written
request by the Transportation Department, whichever
occurs first, forty-five {45} feet of right-of-way,
measured from a revised centerline of Woolridge Road
based on VDOT Urban Minor Arterial Standards (50 mph) as
approved by the Transportation Department, for the
entire property frontage shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
15. To provide an adequate roadway system, the developer
shall provide the following improvements with initial
development of the property:
a. Construction of additional pavement along Woolridge
Road at the approved access to provide left and
right turn lanes, if warranted, based on
Transportation Department standards.
b. Widening/improving the north side of Woolridge Road
to an eleven (11) foot wide travel lane, measured
from the existing centerline of the road, with an
additional one (1) foot wide paved shoulder plus a
seven (7) foot wide unpaved shoulder, and
overlaying the full width of the road with one and
a half {1.5) inch of compacted bituminous asphalt
concrete, with any modifications approved by the
Transportation Department, for the entire property
frontage.
c. Reconstruction of the substandard horizontal curve
on Woolridge Road, located towards the southern
part of the property, as a two (2)-lane roadway to
VDOT Urban Minor Arterial Standards (50 mph) with
modifications approved by the Transportation
Department. The exact length of this improvement
shall be approved by the Transportation Department.
d. Dedication to and for the benefit of Chesterfield
County, free and unrestricted, of any additional
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02/22/06
right-of-way (or easements) required for the
improvements identified above. (T)
16. Construction traffic for the initial development shall
be prohibited on Crown Point Road. (P)
17. Recreational facilities shall be limited to a walking
path, picnic shelter/gazebo and an observation dock.
This provision shall not preclude walking paths and/or
sidewalks throughout the development. {p}
18. The recreational facilities shall primarily serve the
surrounding residential community. (P)
19. The location of the recreational facilities shall be
identified on the record plat. {p}
20. The recreational facilities shall only be permitted in
conjunction with subdivision development on the
property. {p}
21. The following shall be recorded as deed restrictions in
conjunction with the recordation of any subdivision
plat:
A. No lot shall be used except for residential
purposes. No business uses {profit or non-profit)
including home o--u~ati-ns shall be conducted on
the premises. Homes upitions may be permitted if
approved by the Home~~~mers' Association.
B. No improvements including, without limitation, a
dwelling, accessory structure, or addition such as
a carport, driveway, porch, sidewalk, roof, lamp
post, fence, garage, or other outbuildings,
landscaping, or, to the extent permitted by law,
antenna, or similar device, or change in the
exterior color or siding material shall be made,
erected, altered, or replaced unless two sets of
detailed plans and specifications, including a site
plan locating all such improvements and describing
exterior finishes (material and color, including
roof) have first been submitted to and approved by
Declarant in writing.
C. Declarant reserves unto itself the right and
privilege to install gas lines, water lines, sewer
lines, storm sewers, electric lines, telephone and
telegraph poles, lines and wires, and other
utilities and appurtenances in the street and roads
of the Subdivision and along the property lines of
the Lots, and to grant to other persons, companies,
or corporations any or all of such rights and
privileges, but the reservation of such rights
shall not relieve any grantee form the obligation
to pay the usual and customary charges made with
respect to his Lot for the installation and/or
connection of utilities.
D. In considering requests for approval of fences and
hedges, the following general guidelines will be
applied:
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02/22/06
1. No fence shall be permitted in the front yard
of any Lot (between the building setback line
and street line).
2. No fence or hedge shall generally be permitted
higher than 42 inches of any Lot.
3. No chain link fences or fences of other
materials similar in nature or appearance will
be permitted on any Lot.
E. Declarant may in its absolute discretion waive or
modify these guidelines and consider such other
criteria as it shall deem appropriate.
F. No sign of any kind shall be displayed to public
view on any Lot, unless first approved in writing
by Declarant, except on sign of not more than four
(4) square feet advertising the property for sale
or rent, or signs used by a the initial
construction and sales period.
G. No use shall be made of any Lot, or any part
thereof which constitutes a nuisance or which would
adversely affect the value or marketability of
other Lots, No stables, swine, sheep, cows, or the
like shall be permitted on any Lot. All trash,
garbage and/or rubbish shall be kept in sanitary
containers located so as not to be visible from a
public street ~ apt as necessary for limited times
in connection with pickup and removal by disposal
services and e._cspt during periods of construction.
H. No driveway, entranceway, or sidewalk shall be
constructed on any Lot unless approved as provided
in paragraph 2.
I. No swimming pool shall be located nearer to any
street line than the rear building line of the
dwelling.
J. No structure of a temporary character or any
trailer, tent, barn, or other outbuildings shall be
used on any Lot at any time as a residence, either
temporarily or permanently.
K. No trees over six (6) inches in diameter shall be
removed from any Lot without the prior written
approval of Declarant.
L. No portable air conditioner units will be place in
any window of a dwelling or other building if
visible from a public street.
M. Except as otherwise provided by applicable law, no
exterior television antenna {including "dish" type)
or other antennas shall be permitted to extend over
five (5) feet above the roofline of any building.
N. No motor vehicle will be parked on or adjacent to
any Lot which does not have a current state
license, state inspection sticker, and county
license, and no commercial vehicle, such as a
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02/22/06
school bus, delivery truck, or other large vehicle
or equipment will be parked on a street in the
subdivision or on any Lot. No recreational vehicle
(mobile home, camping trailer, and other similar
vehicles) shall be parked on a street in the
Subdivision or on a Lot except in a driveway shown
on plans that have been approved as provided in
Paragraph 2.
0. Any one or more of the covenants or restrictions
imposed by paragraphs I through 14 above may be
waived or modified, in whole or in part, as to the
entire Subdivision or any part thereof, by written
instrument signed by Declarant and recorded where
these restrictions are recorded.
P. In addition to the foregoing conditions and
restrictions, the Lots shall be subject to
easements for drainage and utilities, including
power and telephone lines, as shown on the plat,
and any other easements of record at the time of
conveyance of any Lot.
Q. Invalidation of any one of the provisions of these
restrictions by judgment, court order, or otherwise
shall in no way affect any of the other provisions
which shall remain in full force and effect.
R. Declarant reserves the right to assign and transfer
to any person, persons, or entity some or all of
its rights provided herein and in such event such
transferee shall have and may exercise all such
rights to the same extent as if he, they, or it
were the Declarant.
S. Declarant shall have the full right and privilege
to enforce all restrictions and conditions
contained herein by appropriate proceeding at law
for damages and/or in equity for appropriate
injunctive relief and restraining orders to prevent
violations, or to require violations to be
corrected, together with damages sustained
including, without limitation, attorneys' fees and
costs. In addition, any Owner shall have, after
seventy-five percent (75$) or more of the Lots have
been conveyed to purchasers other than builders,
the right to enforce compliance with these
restrictions as provided in this paragraph.
T. These restrictions shall run with the land and be
binding upon any and all succeeding owners, their
personal representatives, estates, heirs, devisees,
assigns, or successors in interest or any other
partied having or taking an interest in or to the
Property, or any part thereof, and shall
automatically be extended for successive periods of
ten (10) years unless otherwise provided in a
written instrument executed by the owners of a
majority of the Lots in the Subdivision unless a
release, waiver, or breach of any one or more of
the restrictions contained herein or any part
thereof is required or agreed to by a court or
06-160
02/22/06
governmental authority having jurisdiction over the
Property.
U. Declarant, as owner of all of the Property
subjected to the Declaration, shall, at such time
as it deems appropriate, cause to be incorporated
under the laws of the Commonwealth of Virginia a
non profit corporation to be named "{Subdivision
Name Here} Homeowner's Association" or a similar
name {the "Association").
1. All Owners shall be members ("Members") of the
Association and shall be entitled to one (1)
vote, per each Lot owned by them (provided,
however, that if a Lot is owned by more than
one owner, the owners of such Lot shall be
entitled to only one vote between them), on
all matters which are required to be decided
by a vote of the Members of the Association.
2. The Members shall annually elect a five (5}
member board of directors (the "Board of
Directors") which shall be responsible for
operating the Association, provided, however,
that until such time as eighty-five percent
{ 85 $ } of the Lots are owned by persons other
than builders of the Declarant, the Board of
Directors shall consist of five (5) directors
all of whom shall be selected by the
Declarant.
3. Each year the Board of Directors shall prepare
an annual budget {the "Budget") containing an
itemization of the expenses, which it
anticipates, the Association will incur during
the upcoming year to fulfill its
responsibilities hereunder. The Budget shall
be sent to each owner together with a notice
of assessment (the "Annual Assessment") for
the owner's pro rata share of the budget,
which shall be computed by dividing the total
Budget by the number of Lots. Upon receipt of
the Annual Assessment, each Owner shall be
required to make payment of the same in the
manner designated by the Board of Directors.
4. In addition to any Annual Assessments, the
Association may levy in any assessment year a
special assessment (the "Special Assessment"}
applicable to that year only for the purpose
of defraying in whole or in part the cost of
any x~ nstruc':ion, unexpected repair, or
replacement I a capital improvement,
includir_1 the _~- - cssary fixtures and personal
property relatsd thereto, provided that any
such Special Assessment shall have the consent
of the Owners of two-thirds (2/3) of the lots.
5. Any Annual Assessment of Special Assessment
{the "Assessments") which is not paid by an
Owner within such time as shall be determined
by the Board of Directors shall bear interest
at a rate per annum determined by the Board of
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02/22/06
Directors from such date until paid and shall
constitute a lien upon the Lot owned by such
Member. Such lien shall have priority over all
other liens including, without limitation,
mortgages, deeds of trust, or any other lien
hereafter placed upon any Lot, except a first
mortgage of deed of trust securing a loan by a
bona fide institutional lender to which such
lien shall be subordinate. No Owner may waive
or escape liability for the assessments
hereunder for any reason. No sale or other
transfer shall relieve any owner from
liability for any Assessments due nor any Lot
from the lien of any Assessments. The amount
of any such lien may be enforced by suit or
otherwise at the election of the Association
and the Owner shall be required to reimburse
the Association for all attorneys' fees and
expenses incurred in so doing, the amount of
which shall also constitute a lien on the Lot
as herein provided. Notwithstanding the above,
a party who acquires title to a Lot by virtue
of the foreclosure of lien secured by a first
mortgage of deed of trust to which this lien
is subordinate or by a deed or assignment in
lieu of foreclosure any liability of lien
chargeable to such Lot on account of any
period of time prior to such acquisition of
title. Said acquiring party shall, however, be
bound by the provisions of this Declaration
including, without limitation, Assessments
effective after said acquisition of title.
V. The Declarant hereby reserves the right, at
Declarant's sole discretion, to add the Additional
Land to the property subject to the Declaration of
Protective Covenants.
W. All private driveways serving each new dwelling
unit shall be hardscaped. The exact treatment
shall be approved at the time of plan review.
X. All new garages shall be rear or side loaded. (P}
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
Mrs. Humphrey then made a motion, seconded by Mr. Barber, for
the Board to approve the request for relief from street
access requirements for Case 05SN0193.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
Mrs. Humphrey made a third motion, seconded by Mr. Miller,
for the Board to approve the request to waive street
connectivity requirements for Case 05SN0193.
Mr. Miller expressed concerns that the Board is waiving
street connectivity requirements in many cases, and he hopes
the Board is not just honoring neighborhood requests and
ignoring the street connectivity policy. He stated the Board
may want to revisit the connectivity policy at some point.
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02/22/06
Mr. Barber also expressed concerns regarding the waiver of
the street connectivity requirements, indicating that there
must be a ---d reason for waiving connectivity requirements.
He state~:i, he too, believes the connectivity policy should be
reviewed in the near future.
Mrs. Humphrey noted the last two cases have offered good
alternatives for granting a waiver to connectivity
requirements.
Mr. King called for a vote on the motion of Mrs. Humphrey,
seconded by Mr. Miller, for the Board to approve the request
to waive street connectivity requirements for Case 05SN0193.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
O5SNO199
In Clover Hill Magisterial District, JACQUELINE AND ROBERT C.
HARGRAVE request rezoning and amendment of zoning district
map from Agricultural (A) to Residential (R-15) plus relief
from street access requirements. Residential use of up to
2.9 units per acre is permitted in a Residential (R-15]
District. The "-mprehensive Plan suggests the property is
appropriate fir ] ~~u density residential use of 1.5 units per
acre or less. This request lies on 36.9 acres fronting
approximately sixty (60) feet on the west line of Courthouse
Road approximately 560 feet north of Smoketree Drive, also
fronting approximately 580 feet on the south line of Berrand
Road approximately 1,225 feet west of Courthouse Road. Tax
IDs 742-702-7055; 743-701-Part of 7043; 743-702-1454 and
1916; and 744-701-1388 (Sheet 6).
Ms. Peterson presented a summary of Case 05SN0199 and stated
the Planning Commission and staff recommended approval of the
rezoning request and acceptance of the proffered conditions.
She noted the proposal complies with the Powhite-Route 288
Development Area Plan. She stated the Planning Commission
r-commended approval of requests for relief from street
---ss requirements and the waiver to street connectivity
r--fuirements. She stated staff has concerns relative to
x~lief from street access and connectivity requirements,
which promote accessibility.
Mr. Andy Scherzer, representing the applicant, stated the
applicant is proposing to provide emergency access to Berrand
Road, which is not constructed to today's standards,
indicating the Transportation Department to does not support
a public road connection unless Berrand Road is improved to
current state standards. He further stated, if the funding
becomes available to improve Berrand Road, the connection
could be made at a later date. He stated this development
will provide additional access to the adjacent church parking
lot. He further stated the applicant has proffered to
provide the transportation cash proffer prior to issuance of
any building permits and/or construction to ameliorate the
traffic impact on Courthouse Road in the vicinity of the
proposed development. He noted the applicant will be
extending a turn lane, which will provide a safe route to
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02/22/06