14SN0578CASE MANAGER: Darla Orr
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BS Time Remaining:
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
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July 23, 2014 B S
14SN0578
St. Ives LC
Midlothian Magisterial District
Watkins Elementary, Midlothian Middle and
Midlothian High Schools Attendance Zones
Northern ternunus of North Otterdale Road
Vicinity of 1800 North Otterdale Road
REQUEST: Amendment of zoning (Case OSSN0329) relative to architectural standards,
garage setbacks, cash proffers, timbering, age restriction and road improvements
in a Residential (R-12) District. Specifically, Proffered Conditions 10 and 11
relative to senior occupancy restrictions and Proffered Condition 16 which
required an upfront transportation contribution would be deleted. Proffered
Conditions 4, 9, 12, 13, 15 and 17 would be amended to modify architectural
standards; reduce garage setbacks; modify the cash proffers relative to a credit
allowed for road constriction and to meet maximum acceptable amounts in the
current Cash Proffer Policy, and timbering restrictions.
PROPOSED LAND USE:
A single-fanuly residential subdivision with a maximum of forty-six (46) lots as
pernutted with Case OSSN0329 are planned, yielding a density of approximately
1.0 dwelling per area.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THOUGH 7.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed amended zoning and land use, including the requested
modifications, complies with the Comprehensive Plan which suggests the request
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
property is appropriate for Low Density Residential Use of 1.0 dwelling unit per
acre or less.
B. The proffered conditions adequately address the impact 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: 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 Conditions 10, 11 and 16 of Case OSSN0329 shall be
deleted and Proffered Conditions 4, 9, 12, 13, 15 and 17 shall be amended as outlined below. All
other conditions of Case OSSN0329 shall remain in force and effect.
The Applicant amends Proffered Condition 4 of Case OSSN0329 to read as follows:
(STAFF/CPC) 1. Foundations: The exposed portion of any foundation shall be brick
or stone. Synthetic or natural stucco foundations may be permitted
for facades constricted entirely of stucco. Rear wallcout basement
walls may be sided or cast concrete painted to match house.
The Applicant amends Proffered Condition 9 of Case OSSN0329 to read as follows:
(STAFF/CPC) 2. Front Loaded Garages: Front loaded attached garages shall be
permitted to extend as far forward from the front line of the main
dwelling as the front line of the front porch provided that the
rooflines of the porch and garage are contiguous. Where the
rooflines are not contiguous, garages shall be permitted to project a
maximum of two (2) feet forward of the front line of the main
dwelling.
The Applicant amends Proffered Condition 12 of Case OSSN0329 to read as follows:
(STAFF/CPC) 3. Cash Proffer: The applicant, subdivider, or assignee(s) shall pay
the following to the County of Chesterfield, for infrastnicture
improvements within the service district for the property:
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 infrastnicture improvements within the
service district for the property; provided however that for
the period through June 30, 2018, the applicant, sub-
divider, or assignee(s) shall pay the following to the County
2 14SN0~78-20141li L23-BC1S-RPT
of Chesterfield, immediately after completion of the final
inspection:
i. $11,262.00 per dwelling unit, if paid prior to July 1,
2018. Or, if paid after June 30, 2018, and before
July 1, 2019, $11,262.00 per dwelling unit, adjusted
for the four 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. At time of payment $11,262.00 will be
allocated pro-rata among the facility costs as
follows: $1,198.00 for parks and recreation,
$310.00 for library facilities, $9,073.00 for schools
and $681.00 for fire stations;
ii. If payment is made after June 30, 2019, the amount
approved by the Board of Supervisors not to exceed
$11,262.00 per dwelling unit pro-rated as set forth
in Proffered Condition 8.A.i. above and adjusted
upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 20018, and
July 1 of the fiscal year in which the payment is
made if paid after June 30, 2019.
B. Cash proffer payments shall be spent for the purposes
proffered or as otherwise pernutted by law.
C. 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.
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 tq any impact fees, in a manner deternuned by the
County. (B & M)
The Applicant amends Proffered Condition 13 of Case OSSN0329 to read as follows:
(STAFF/CPC) 4. 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 subnussion and
approval of the appropriate forest management plan to include, but
3 14SN0~78-20141li L23-BC1S-RPT
not linuted tq 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 infrastnicture
constriction and will not commence until the issuance of the actual
site development land disturbance permit. (EE)
The Applicant amends Proffered Condition 15 of Case OSSN0329 to read as follows:
(STAFF/CPC) 5. Road Improvements: The following road improvements shall be
substantially complete, as determined by the Transportation
Department, prior to the issuance of a certificate of occupancy.
State acceptance of these improvements shall be achieved within
two years of recordation of the initial section unless deternned
otherwise by the Director of Environmental Engineering.
A. Constriction of additional pavement along North Otterdale
Road Extended at the approved access to provide right and
left turn lanes;
B. Constriction of two (2) lanes of North Otterdale Road
Extended, to VDOT Urban Collector Standards (40 mph)
with modifications approved by the Transportation
Department, from its current terminus in Rosemont just
north of the property to its current ternunus in Brookcreek
Crossing just south of the property, approximately 850 feet;
C. Dedication to Chesterfield County, free and unrestricted,
any additional right-of--way or easements, required for these
improvements.
The Applicant amends Proffered Condition 17 of Case OSSN0329 to read as follows:
(STAFF/CPC) 6. Architectural/Design Elements.
A. Front Wallcs:
1. A nunimum of a four (4) foot wide hardscaped front
walls shall be provided to each dwelling unit.
B. Landscaping and Yards
1. 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
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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.
3. 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
1. 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.
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 pernutted
in traditional wide beaded styles only, unless
otherwise approved by the Architectural
Board for special design conditions.
Prenuum quality vinyl is defined as vinyl
siding with a nunimum wall thickness of
.044".
14SN0~78-20141li L23-BC1S-RPT
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.
The Applicant offers the following additional proffered conditions:
(STAFF/CPC) 7. Linutations on Timing of Constriction Activi
A. Pernutted Hours For Constriction:
1. Constriction activity shall be limited to between the
hours of 7:00 a.m. and 7:00 p.m. Monday through
Friday; 7:00 a.m. to 6:00 p.m. on Saturday; and
8:00 a.m. to 5:00 p.m. on Sunday. For the purpose
of this condition, constriction activity shall be
considered land clearing; grading; installation of
Ei 14SN0~78-20141li L23-BC)S-RPT
infrastnicnire (such as roads, utilities and storm
drainage); and constriction of a dwelling on a
vacant lot.
2. This condition is not intended to restrict the hours
of home constriction (such as with additions or
alterations) once a dwelling is occupied as a
residence.
3. Prior to commencing any constriction activity,
these restrictions shall be posted in English and
Spanish on a 2' X 2' sign that is clearly legible from
the public right of way at the entrance into the
development. Such sign shall be maintained by the
developer and shall remain until all constriction
activity is complete.
B. Written Notification Prior To Commencing Constriction:
Prior to any constriction activity, the Developer shall
notify all adjacent property owners in writing of the
anticipated date constriction activity will commence.
C. Evidence of Performance:
Prior to the issuance of a land disturbance pernut, the
Developer shall provide written confirmation to the
Environmental Engineering Department that the sign
posting(s) and written notifications have occurred as
required by this condition. (P & EE).
(STAFF/CPC) 8. Landscape Strip: A ten (10) foot wide landscape strip shall be
provided adjacent to Tax IDs: 718-713-8700, 8807, 9014, 9022,
9031, 9238 and 9446. Plantings shall conform to Exhibit A
prepared by Balzer and Associates and dated June 6, 2014, or as
otherwise approved by the Chesterfield County Planning
Department at the time of building permit review. Evergreen
plantings shall have a nunimum height of six (6) feet at time of
planting. Deciduous trees shall have a minimum height of nine (9)
feet at time of planting. All plantings within this landscape strip
shall be installed on each individual lot prior to the issuance of
final occupancy for a dwelling on such lot. (P)
GENERAL INFORMATION
T ncati nn
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The request property fronts the northern ternunus of North Otterdale Road, north of Paddle
Creels Drive. Tax IDs 717-714-5888; 718-713-4861; and 718-714-0248.
Existing Zonin
R-12
Size:
50.7 acres
Existing Land Use:
Vacant
Adj acent Zoning and Land Use:
North - A and R-25; Single-fanuly residential or vacant
South - O-2, I-2 with CUPD and R-9; Single-family residential or vacant
East - O-2, R-9 and A; Single-family residential or vacant
West - I-2 with CUPD; Commercial or vacant
UTILITIES
Public Water Svstem:
There is an existing sixteen (16) inch water line extending along a portion of North
Otterdale Road adjacent to this site. Connection to public water will be required by County
Code.
Public Wastewater Svstem:
There is an existing twenty-one (21) inch wastewater tn~nlc line extending along Michaux
Creek adj acent to the northern boundary of this site. Connection to public wastewater will
be required by County Code.
ENVIRONMENTAL
The applicant is modifying Proffered Condition 13 of Case OSSN0329 pertaining to no timbering
to more accurately reflect how the timbering restriction is practiced today. No timbering of the
property will be pernutted until a land disturbance pernut has been issued and the appropriate
erosion control devices are installed.
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
8 14SN0~78-20141li L23-BC1S-RPT
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.
Based on forty-six (46) dwelling units, this development will generate approximately
eight (8) calls for fire and emergency medical service (EMS) each year. The applicant has
offered measures to assist in addressing the impact of this development on fire and EMS.
(Proffered Condition 3)
The Midlothian Fire Station, Company Number 5, and Forest-View Volunteer Rescue
Squad currently provide 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.
9 14SN0~78-20141li L23-BC1S-RPT
Schools:
46
Residential Yield:
Student Yield
From Membership, Functional ~ ~I~ No. of
School Name Residential 9-30-13 Capacity, I ~ ~ Trailers '~'~
De~relopment'~ 2013-14 ~t~ ~ -•ll-~
~ntan': Watlins 10 1,002 749 ll: 3
le: Midlothian 5 1,206 1,506 **
Midk~thi<1n 7 1,424 1,569 e~ a ro 0
22
Projected Membership and Capacit<~ Trends Over Time '~'~'~
Prvjcctcd Projected Projected
School Name Mcmhrrshi~i, 9- Mcmhrrshi~i, Mcmhrrshi~i,
311-14 ~ 9-3U-IS ~ 9-3U-211
~ntan': Watlins 988 978 J 1,011
le: Midlothian 1,228 1,231 1,242
Midlothian 1,446 ~.~~/a 1,512 Q,r~~U 1,674 ll(Y"; ,U
NOTE: * The Student Yield is based on the FY2014 Cash Proffer Methodology as provided bv_ the Chesterfield CountL~ Finance
Department.
NOTE: '~'~ If a schoolis less than 90% of capacitL~ and has tl-ailers, those tl-ailers are not identified in the staffrepoit
Student Membership is based onmembership as of 09-30-13.
School Capacit<• is based. on the 2013-14 Space Utiliz~ltion Stud
'~'~'~ DISCLAIMER: Please mote that Pt°ojeeted ~Ienzbership A~'D Fzrrrctiorral Capaciij~ at°e zrpdated on m~ All~:~"L'AL
BASIS acrd at°e based orr the September 30 nzenzbership f'or a given year acrd the Space t,"tilizatio~r Stzrdy Repot°t ~~hich is
corrdzrcted every year°. The Space titilizatiorr Stzrdy is a r°epor°t that is corrdzrcted m~rrzrally wher°eby Plnrrrrbrg staff corrdzrcts
a site visit of every school br the cozrrrt~~ acrd the Pr°brcipal r°eviews his or her f7ooe° plan acrd identifies the zrse of every
classy°oonz. Fr°onz that brf'ornzation a r°epor°t is pr°epar°ed that calczrlates the Fzrnctional Capaciij~ of that school. The school
system needs to know how each of their facilities is zrtihzed f'or f'zrndbrg and space allocation pzaposes. Agabr, it is
important to note that these nzmzbers change every year.
After review of this request, the proposed amended rezoning case will have a significant
impact on the aforementioned schools involved, especially at the elementary level. 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, combined with other
10 14SN0~78-20141li L23-BOS-RPT
tentative residential developments, infill developments and other zoning cases in the area,
will continue to push these schools over capacity.
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.
Redistricting proposals for Watkins Elementary are being formulated and will be
presented to the School Board in the next several weeks that will address the current
overcrowding issue at the school. The redistricting could take effect as early as the 2015-
16 school year.
In addition, the school division's Capital Improvement Plan (CIP) includes two (2) new
elementary schools to be built in the Midlothian area between 2018 and 2020 that will
provide relief for schools in this area. This timeline is barring any changes that may occur
over time.
Consequently, the aforementioned units should be 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.
Libraries:
Additional residential development in this area of the County would most likely impact
the existing Midlothian Library or one (1) of two (2) new libraries recommended in the
Public Facilities Plan. The Plan recommends an expansion or replacement of the existing
Midlothian Library, a new library in the vicinity of Genito and Otterdale Roads, and
another new library in the vicinity of Robious Road and Twin Team Lane. These libraries
are recommended to address service gap and demand issues related to increases in
population anticipated for this area of the County. The applicant has offered measures to
assist in addressing the impacts of this development on library facilities. (Proffered
Condition 3)
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 and 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 nutigating the impact of the proposed development on parks
facilities. (Proffered Condition 3)
11 14SN0~78-20141li L23-BC1S-RPT
County Department of Transportation:
In conjunction with Case OSSN0329, a transportation cash proffer per the Board of
Supervisors' Cash Proffer Policy was not offered, but a transportation contribution was
proffered (Proffered Condition 16 of Case OS SN0329). Specifically, the proffered condition
required payment of $215,090, 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 road
improvements that adequately mitigate the traffic impact of this request. Specifically, the
applicant has proffered to constrict an off-site section of North Otterdale Road Extended.
Based on information subnutted by the applicant, the cost to constrict this off-site section of
North Otterdale Road is approximately $900,000. As part of the approval of Case
OSSN0329, the Board approved a credit towards the transportation component of the cash
proffer that was equal to half the amount of the estimated constriction cost of North
Otterdale Road Extended at that time. Based on that reasoning and the updated cost
estimate, staff can support a $450,000 credit towards the transportation component of the
cash proffer.
Per Proffered Condition 3, the maximum number of lots that can be developed on the
property isforty-six (46). The current transportation component of the cash proffer is $7,704
per dwelling unit. As such, the applicant should provide a cash contribution or in-kind
improvements equal to $354,384 towards mitigating the traffic impact of this request.
Because the $450,000 credit that staff can support exceeds this amount, the applicant has
adequately nutigated the traffic impact of this request, per the Board of Supervisors' Cash
Proffer Policy.
Virginia Department of Transportation (VDOT):
The Department has no objections to the proffered condition amendments of Case
OSSN0329 (Tentative Plan 06TS0337) as those amendments 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.
12 14SN0~78-20141li L23-BC1S-RPT
Financial Impact on Capital Facilities:
Per Dwelling
Unit
Potential Number of New Dwellin Units 46* 1.00
Po elation Increase 122.93 2.67
Number of New Students
Elementary 9.69 0.21
Middle 5.25 0.11
High 7.04 0.15
Total 21.98 0.48
Net Cost For Schools $ 434,470 $ 9,445
Net Cost for Parks $ 57,362 $ 1,247
Net Cost for Libraries $ 14,858 $ 323
Net Cost For Fire Stations $ 32,614 $ 709
Avera e Net Cost Roads $ 368,874 $ 8,019
Total Net Cost $ 908,178 $ 19,743
*Based on the number of units proffered in Proffered Condition 3 of Case OSSN0329. The actual
number of dwelling units and corresponding impact may vary.
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 been advised that a maximum proffer of $18,966 per unit
would defray the cost of the capital facilities necessitated by this proposed development.
The original zoning Case OSSN0329 was approved in March 2006. To address the development's
impacts on capital facilities, the applicant originally proffered $6,685 (cerrently escalated to
$9,185) per unit or $1,354 (cerrently escalated to $1,860) per age-restricted unit. Those cash
proffers adequately addressed the impact on schools, parks, the library system and the fire
department. The applicant, in Case OSSN0329, also proffered the constriction of two (2) lanes of
North Otterdale Road extended, for which the Transportation Department sepported, and the
Board of Supervisors approved, a credit of $195,000 (50 percent of the project estimate) towards
the roads portion of the cash proffer. The remaining transportation amount of $215,090
(cerrently escalated to $368,316) was to be paid as a letup sum prior to the recordation of the
initial subdivision section.
The current Cash Proffer Policy allows the Coenty to assess the impact of all dwelling units in
previously approved zoning cases that come back before the Planning Commission and Board of
Supervisors using the calculated capital facility costs in effect at the time the case is
reconsidered.
With this regeest, the applicant is proffering $11,262 per unit. That total incledes $9,073 for
schools, $1,198 for parks, $310 for libraries and $681 for fire. The impacts on each of those
capital facility categories are adequately nutigated by the proposed cash proffer. The amended
cash proffer also contains language that would freeze the proffer from any increases in the
Marshall and Swift Building Cost Index for a period of four (4) years beginning July 1 in the
fiscal year the case is approved. Thereafter, the per dwelling unit cash proffer amount would be
13 14SN0~78-20141li L23-BC1S-RPT
automatically adjusted, annually, by the annual change in the Marshall and Swift Building Cost
Index on July 1 of each year. The first adjustment, absent any other Board action, would be equal
to the four (4) 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 (4) years later.
In lieu of the transportation potion of the maximum cash proffer, $7,704 per unit, the applicant is
proffering the constriction of two (2) lanes of North Otterdale Road extended. The total cost of
road constriction is currently valued at $949,653, an amount significantly higher than what was
considered in Case OSSN0329. The transportation department again recommends granting a fifty
(50) percent credit for this improvement that now equals $474,827. That credit, and the value of
the road improvement itself, far exceeds the amount that would have been generated by a cash
proffer of $7,704 per unit, or $354,384. Therefore, the applicant's proposal adequately addresses
the impact on roads as well. Please refer to the transportation section of this report for additional
information, if necessary.
Note that circumstances relevant to this case, as presented by the applicant, have been reviewed,
and it has been determined that it is appropriate to accept the $11,262 cash proffer and road
improvements to Otterdale Road as presented in this case. The applicant's proposal appropriately
addresses the impact of the development on capital facilities.
LAND USE
Comprehensive Plan:
The Comprehensive Plan suggests the property is appropriate for Low Density
Residential use (maximum of 1.0 dwelling per acre). In addition, the Plan suggests that
development proposals should be coordinated with the orderly extension and provision of
adequate facilities and infrastnicture.
Area Development Trends:
Properties to the north are zoned Agricultural (A) and Residential (R-25) and are
occupied by single-family residential use within Rosemont Subdivision or are vacant.
Properties to the south and east are zoned Corporate Office (O-2), Residential (R-9) and
General Industrial (I-2) and are occupied by single-fanuly residential use within
Brookcreek Crossing Subdivision or are vacant. Properties to the west are zoned General
Industrial (I-2) and are occupied by commercial use or are vacant. It is anticipated that
residential use will continue in the area as suggested by the Plan.
Zoning History:
On March 8, 2006 the Board of Supervisors, upon a favorable recommendation from the
Commission, approved rezoning of the request property with conditional use planned
development (Case OSSN0329) to pernut a residential development on a maximum of
forty-six (46) lots ranging in size from 8,000 to 20,000 square feet in area. Conditions of
approval also addressed buffers, architectural and driveway treatments, street trees and
sidewallcs, open space, setbacks, access, timbering and impacts on capital facilities. In
14 14SN0~78-20141li L23-BC1S-RPT
addition, occupancy linuted to only seniors was pernutted and constriction of Otterdale
Road extended was required with initial development of the property.
Current Proposal:
The applicant is proposing the following amendments to Case OSSN0329. All other
conditions of Case OSSN0329 would remain in force and effect. A comparison of the
existing zoning conditions and the current proposal is offered on the following page.
1 ~ 14SN0~78-20141li L23-BC1S-RPT
EXISTING ZONING CURRENT PROPOSAL
(CASE OSSN0329) (CASE 14SN0578)
Optional senior occupanc~T; Deleted
AGE RESTRICTION areas to be identified on
subdivision plats
TRANSPORTATION
CONTRIBUTION Upfront cash pa~Tment to~~~ards Deleted; modified cost estimates
~
(' Financial Impact on Capital road impacts - $215,090 for building N Otterdale Rd
Facilities & Transportation) (escalated to $368,316) Eitended being considered
Same; plus stucco & clarifies
FOUNDATIONS Brick, stone or s~Tnthetic stucco siding or painted concrete
(EIFS) permitted on ~~~ allcout basements
(Proffered Condition 1)
No closer to street than front
FRONT LOADED GARAGE No closer to street than front line of front porch or 2'
projection permitted if no front
SETBACKS facade of d~~~elling porch
(Proffered Condition 2)
$6
685 (escalated to $9
185) per $ll,262 per unit - $9,073 for
IMPACTS ON CAPITAL ,
,
unit for schools parks, libraries schools, $1,198 for parks, $~ 10
FACILITIES & fire or $1 354 (escalated to for libraries and $681 for fire.
(*Financial Impact on Capital
$1,860) per age-restricted unit Includes dela~Ted escalator per
'
Facilities)
for parks, libraries & fire Board
s Polic~T
(proffered Condition 3)
Language updated as requested
TIMBERING
' Standard language b~T the Environmental
~
(
Environmental Engineering) Engineering Department
(Proffered Condition 4)
Construction of N Otterdale Rd Construction of N Otterdale Rd
ROAD IMPROVEMENTS Eitended ~~~ith initial Eitended prior to an~T certificate
(*Transportation) development, turn lanes & of occupanc~T, turn lanes &
right-of-~~~ a~T dedication right-of-~~~ a~T dedication
(Proffered Condition 5)
• Facades -brick, stone,
masonr<T, stucco, EIFS,
~~~ ood & cement fiber
board or .044" vin~Tl
• Dimension shingles
ARCHITECTURAL Brick or stone veneer on front & ~ Standards for porches,
TREATMENT
side facades of d«~ ellings stoops & decks
~ Hardscaped front ~~~ allcs
• Supplemental
landscaping for ~Tards
• No repetitive facades
adjacent to each other
(Proffered Condition 6)
The items noted with * are discussed in further detail in the noted section of this report.
1Ei 14SN0~78-20141liL23-BC)S-RPT
Constriction Hours and Notification:
To address concerns expressed by area residents about potential noise from the
development, the applicant proffered a linutation on constriction hours, which includes a
requirement that these hours be posted within the development and notification to citizens
when constriction will commence. (Proffered Condition 7)
Staff suggests that this proffer not be accepted as it would be difficult to enforce and
would place additional demands on staff including night and weekend enforcement.
As an alternative to the acceptance of this proffer, staff would recommend the imposition
or acceptance of a condition that would only require the posting of these proposed
constriction hours on the property to communicate this restriction to contractors. Staff
would then insure that the property is posted, but would not enforce these hours.
Landscaping Strip:
To address concerns expressed by area residents about a separation between the proposed
development and their existing lots, the applicant has proffered to plant landscaping
within a ten (10) foot wide strip adjacent to certain parcels as shown on Exhibit A.
(Proffered Condition 8)
CONCLUSIONS
The proposed amended zoning and land use complies with the Comprehensive Plan which
suggests the request property is appropriate for Low Density Residential Use of 1.0 dwelling unit
per acre or less.
In addition, the proffered conditions adequately address the impact 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.
17 14SN0~78-20141li L23-BC1S-RPT
CASE HISTORY
Applicant (6/13/14):
Revised proffered conditions were submitted.
Planning Commission Meeting (6/17/14):
The applicant's representative accepted the recommendation.
There was support present; however, these individuals noted concern relative to
confirnung the accuracy of wetland delineations prior to zoning.
The Environmental Engineering Director responded that the Army Corps of Engineers
(ACOE) advised a nustake in the approved wetland delineations. Until resolved, a land
disturbance pernut to commence the development would not be issued by Environmental
Engineering.
Mr. Waller and Mr. Gulley agreed that the issue relative to the wetlands would be
resolved through the ACOE and Environmental Engineering and does not affect the
proposed amendments. Mr. Waller added that proffered conditions address citizens'
concerns relative to constriction timing and notification.
On motion of Mr. Waller, seconded by Mr. Gulley, the Comnssion recommended
approval and acceptance of the proffered conditions on pages 2 through 7.
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.
18 14SN0~78-20141li L23-BC1S-RPT
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12. INVOCATION
Reverend Patricia Daniel, Minister, Tabernacle Baptist
Church, gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Mr. Stith led the Pledge of Allegiance to the flag of the
United States of America.
14. RESOLUTIONS AND SPECIAL RECOGNITIONS
There were no resolutions or special recognitions at this
time.
15. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOML~NDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOML4ENDATION AND/OR THERE IS PUBLIC OPPOSITION
WILL BE HEARD AT SECTION 17
05SN0329
In Midlothian Magisterial District, LBV INVESTMENTS requests
rezoning and amendment of zoning district map from
F_e~ricultural {A) to Residential {R-12) with Conditional Use
Planned Development to permit exceptions to Ordinance
l iirements. Residential use of up to 3.63 units per acre
is permitted in a Residential (R-12) District. The
Comprehensive Plan suggests the property is appropriate for
residential use of one (1) dwelling or less per acre. This
request lies on 50.7 acres fronting approximately 2,990 feet
on the east line of Route 288 approximately 2,600 feet north
of Midlothian Turnpike. Tax IDs 716-713-Part of 5414 and 717-
708-Part of 2972 (Sheets 1 and 5).
Mr. Turner presented a summary of Case 05SN0329 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Andy Scherzer, representing the applicant, stated the
Planning Commission's recommendation is acceptable.
On motion of Mr. Barber, seconded by Mr. Warren, the Board
approved Case 055N0329 and accepted the following proffered
conditions:
1. Master Plan. The Textual Statement dated June 16, 2005,
and revised October 25, 2005, shall be considered the
Master Plan. (P)
2. Buffers. All required buffers shall be located within
recorded open space. {P)
3. Density. The maximum density of this development shall
not exceed forty-six (46) lots. (P)
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03/08/06
4. Foundations. All exposed portions of the foundation and
exposed piers supporting front porches of each dwelling
unit shall be faced with brick or stone veneer or
exterior insulation and finishing systems (EIFS)
materials. (P)
5. Driveways. All private driveways shall be hardscaped.
The exact treatment shall be approved at the time of
plan review. (P)
6. Street Trees. Street trees shall be provided along both
sides of all public roads within the development. (P)
7. Sidewalks. Sidewalks shall be provided that facilitate
pedestrian access within the development. Generally,
sidewalks shall be located on both sides of public
roads. (P)
8. Focal Point. A minimum of 0.75 acres of open space
shall be provided within the development to provide a
"focal point". Part of the focal point area shall be
"hardscaped" and have benches and other amenities that
accommodate and facilitate gatherings. A portion of the
focal point may include an area devoted to best
management/storm water facilities. The focal point
shall be developed concurrent with the phase of
development that the focal point is intended to serve.
9. Garages. Front loaded garages shall be located no
closer to the street than the front facade of the
dwelling unit. (P)
10. Age Restriction. Except as otherwise prohibited by the
Virginia Fair Housing Law, the Federal Fair Housing Act,
and such other applicable federal, state or local legal
requirements, dwelling units designated as age-
restricted shall be restricted to "housing for older
persons; as defined in the Virginia Fair Housing Law and
no persons under 19 years of age shall reside therein."
(P)
11. Senior Housing. Any dwelling units designated for
senior housing as outlined in Proffered Condition 10
shall be noted on the subdivision plat. Such dwelling
units shall be grouped together as part of the same
development section(s). (P)
12. Impacts on Capital Facilities. 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. The applicant, subdivider, or assignee{s} shall pay
to the County of Chesterfield prior to the time of
issuance of a building permit for each dwelling
unit, the following amounts for infrastructure
improvements within the service district for the
property:
i. If payment is made prior to July 1, 2006,
$6,685.00 per dwelling unit. At time of
06-222
03/08/06
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
ii. If payment is made after June 30, 2006, the
amount approved by the Board of Supervisors
not to exceed $6,685.00 per dwelling unit pro-
rated as set forth in Proffered Condition
12.A.i. 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
if paid after June 30, 2006.
B. Prior to the issuance of a buildin~_ l~rmit for each
dwelling unit that is designated "-~~-restricted",
the applicant, subdivider, or assign--{s} shall pay
to the County of Chesterfield the following amounts
for infrastructure improvement within the service
district for the property:
i. If payment is made prior to July 1, 2006,
$1,354.00 per dwelling unit. At time of
payment $1,354.00 will be allocated pro-rata
among the facility costs as follows: $602.00
for parks and recreation, $348.00 for library
facilities, and $404.00 for fire stations; or
ii. If payment is made after June 30, 2006, the
amount approved by the Board of Supervisors
not to exceed $1,354.00 per dwelling unit pro-
rated as set forth in Proffered Condition
12.B.i. 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
if paid after June 30, 2006.
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)
13. Timbering. 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)
14. Access. Direct vehicular access from the property to
the north/south collector ("North Otterdale Road
Extended") shall be limited to one (1) public road. The
06-223
03/08/06
exact location of this access shall be approved by the
Transportation Department. (T)
15. Road Improvements. To provide an adequate roadway
system, the developer shall provide the following: road
improvements with the initial development of the
property:
A. Construction of additional pavement along North
Otterdale Road Extended at the approved access to
provide right and left turn lanes, if warranted,
based on Transportation Department standards;
B. Construction of two {2} lanes of North Otterdale
Road Extended, to VDOT Urban Collector Standards
(40 mph} with modifications approved by the
Transportation Department, from its current
terminus, located north of the property, to just
east of the western property line of the parcel
identified as Tax ID 7197123765. The exact length
and location of this improvement shall be approved
by the Transportation Department;
C. 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 any improvement described in
Proffered Condition 15, 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 borne by the developer. In 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)
16. Transportation Contribution. The applicant, his
successor{s], or assignees} {the "Applicant"} shall
pay, prior to recordation of the initial subdivision
section, the amount of $215,090 if paid prior to July 1,
2006, or $215,090 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 if paid after June 30, 2006. The payment shall
1~ used for road improvements in accordance with the
]-':,rd's cash proffer policy. (T)
17. Architectural Treatment
all dwelling units shall
stone v-i-- ss on the front
structure. (P)
The architectural treatment of
at a minimum have brick or
and side facades of the main
18. Open Space. All required buffers and the required 200'
sound setback, adjacent to the Route 288 right of way,
shall be within recorded open space. In addition to
these areas, open space shall be recorded in the general
location as shown on the attached Exhibit A. (P)
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03/08/06
19. Prior to tentative subdivision approval, the developer
shall submit certification to the Planning Department
that all adjacent property owners, the last known
representative of Rosemont Homeowners Association and
the last known representative of the Midlothian
Volunteer Coalition 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 referral to
the Planning Commission shall not commence until such
certification has been provided. (P)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06SN0167 {Amended}
In Clover Hill Magisterial District, STEMMLE ENTERPRISES LLC
requests amendment to Conditional Use Planned Development
(Case 875016) and amendment of zoning district map to permit
an automobile service station. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for light industrial use. This request lies in a
Light Industrial (I-1) District on 1.1 acres fronting
appr -imately 170 feet on the west line of Oak Lake Boulevard
app- -<:imately 450 feet south of Oak Lake Court. Tax ID 735-
690-6552 (Sheet 10).
Mr. Turner presented a summary of Case 06SN0167 and stated
the Planning Commission and staff recommended approval
subject to one condition.
Mr. John Easter, r-presenting the applicant, stated the
recommendation is ~ptable.
Mr. King called for public comment.
No one came forward to speak to the request.
On motion of Mr. Warren, seconded by Mr. King, the Board
approved Case 06SN0167, subject to the following condition:
The Textual Statement, dated February 2, 2005, shall be
considered the plan of development. (P)
{This condition is in addition to the conditions of approval
of Case 875016.)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
065N0168
In Midlothian Magisterial District, JEFF SMALL requests
rezoning and amendn-snt sf zoning district map from Community
Business {C-3] to ~~'~-rrununity Business {C-3). The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
06-225
03/08/06