14SN0587CASE MANAGER: Darla Orr
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ADDENDUM
14SN0587
Cindy C. and Richard D. Chandler
Mataoca Magisterial District
Ettrick Elementary, Matoaca Middle and
Matoaca High Schools Attendance Zones
East line of River Road
10620 River Road
REQUEST: Amendment of zoning (Case OSSN0147) relative to cash proffer, tree and dam
preservation, landscaping, access and restrictive covenants in a Residential (R-88)
District. Specifically, Proffered Conditions 4 and 10 would be deleted to remove
requirements for tree preservation around the perimeter of the development and
dam retention for a lake not located on the request property. Proffered Conditions
1, 5, 11 and 15 would be amended to modify the cash proffer to permit one (1)
dwelling before payments, equal to the current maximum acceptable amount in
the current Cash Proffer Policy, commence; clarify street trees are required
adjacent to public, not private, streets; allow a private driveway to River Road for
one (1) dwelling; and clarify restrictive covenants will be recorded with any lots
after this first lot.
PROPOSED LAND USE:
One (1) single-family dwelling is currently planned for the property owners'
personal residence, yielding a density of approximately .O1 dwellings per acre. A
single-family residential development with a maximum of approximately forty-
one (41) lots would be permitted based on approved tentative subdivision plans.
The purpose of this Addendum is to communicate a revised cash proffer.
(NOTE: A REVISION TO THE PROFFERED CONDITIONS WAS SUBMITTED AFTER
PUBLIC ADVERTISEMENT OF THIS CASE. THE BOARD OF SUPERVISORS MUST
UNANIMOUSLY AGREE TO SUSPEND THEIR RULES IN ORDER TO CONSIDER
THIS REVISED PROFFERED CONDITION.)
The Budget and Management Department advised that the dates in Proffered Condition 1 did not
contain the correct dates relative to the delayed escalator. To address this concern, on August
20, 2014, the applicants submitted a revised proffered condition to correctly reflect dates for the
four (4) year delayed escalator in accordance with the Cash Proffer Policy.
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
With the acceptance of this revised proffered condition, Staff continues to recommend approval
of this case as outlined in the "Request Analysis"
PROFFERED CONDITION
The Applicant amends Proffered Condition 1 of Case OSSN0147 to read as follows:
"STAFF" 1. 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 beyond the first, 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 of Chesterfield, immediately after
completion of the final inspection:
$18,966 per dwelling unit, if paid prior to July 1, 2018. Or,
if paid after June 30, 2018, and before July 1, 2019,
$18,966 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.
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 determined by the County. (B & M)
2 14SN0~87-2014_~li G27-BOS-_~DD
CASE MANAGER: Darla Orr
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
14SN0587
Cindy C. and Richard D. Chandler
Mataoca Magisterial District
Ettrick Elementary, Matoaca Middle and
Matoaca High Schools Attendance Zones
East line of River Road
10620 River Road
REQUEST: Amendment of zoning (Case OSSN0147) relative to cash proffer, tree and dam
preservation, landscaping, access and restrictive covenants in a Residential (R-88)
District. Specifically, Proffered Conditions 4 and 10 would be deleted to remove
requirements for tree preservation around the perimeter of the development and
dam retention for a lake not located on the request property. Proffered Conditions
1, 5, 11 and 15 would be amended to modify the cash proffer to permit one (1)
dwelling before payments, equal to the current maximum acceptable amount in
the current Cash Proffer Policy, commence; clarify street trees are required
adjacent to public, not private, streets; allow a private driveway to River Road for
one (1) dwelling; and clarify restrictive covenants will be recorded with any lots
after this first lot.
PROPOSED LAND USE:
One (1) single-family dwelling is currently planned for the property owners'
personal residence, yielding a density of approximately .O1 dwellings per acre. A
single-family residential development with a maximum of approximately forty-
one (41) lots would be permitted based on approved tentative subdivision plans.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 7.
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed amended zoning would permit the applicants to constrict one (1)
single-family dwelling on the property while preserving the ability to further
develop the property as permitted by Case OSSN0147, and would not have an
adverse impact on the surrounding area.
B. The proffered conditions adequately address the impacts of this development on
necessary capital facilities, in accordance with the Cash Proffer Policy thereby
insuring adequate service levels are maintained and protecting the health, safety
and welfare of County citizens.
C. The tree preservation strip which the applicant is requesting to delete was
negotiated with area property owners with the original zoning. If after public
input the Commission and Board determine it would be appropriate to remove the
tree preservation requirement, staff would support deleting the condition.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
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 4 and 10 of Case OSSN0147 shall be
deleted and Proffered Conditions 1, 5, 11 and 15 shall be amended as outlined below. All other
conditions of Case OSSN0147 shall remain in force and effect.
The Applicant amends Proffered Condition 1 of Case OSSN0147 to read as follows:
(STAFF/CPC) 1. 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 beyond the first, 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
of Chesterfield, immediately after completion of the final
inspection:
i. $18,966 per dwelling unit, if paid prior to July 1,
2019. Or, if paid after June 30, 2019, and before
July 1, 2020, $18,966 per dwelling unit, adjusted for
2 14SN0~87-2014_~liG27-BOS-RPT
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.
B. Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted bylaw.
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 determined by the
County. (B & M)
The Applicant amends Proffered Condition 5 of Case OSSN0147 to read as follows:
(STAFF/CPC) 2. Street trees shall be installed along public roads other than River
Road in the shaded areas generally as shown on Exhibit A
approved with case OSSN0147 and shall be subject to the
requirements of the Zoning Ordinance Section 19-518 (h). In
addition, an evergreen tree shall be planted within these areas
generally every fifteen (15) feet and shall be a minimum of five (5)
feet in height at time of planting. (P)
The Applicant amends Proffered Condition 11 of Case OSSN0147 to read as follows:
(STAFF/CPC) 3. Direct vehicular access from the property to River Road shall be
limited to one (1) public road and one (1) private driveway. The
exact location of the public road intersection onto River Road shall
be approved by the Transportation Department. (T)
The Applicant amends Proffered Condition 15 of Case OSSN0147 to read as follows:
(STAFF/CPC) 4. At a minimum the following restrictive covenants shall be
recorded in conjunction of any subdivision plat exclusive of one
lot:
a. No lots shall be used except for single-family residential
purposes. No building shall be erected, altered, placed or
permitted to remain on any lot other than one detached
3 14SN0~87-2014_~liG27-BOS-RPT
single-family dwelling not to exceed three stories in height
and one private garage.
b. Only one residence shall be erected or placed on a
single lot, and no lot shall, after its original
conveyance, be subdivided into smaller lots or
parcels. No stricture of a temporary character,
trailer, basement, tent, shack, garage, barn, or other
outbuilding shall be used on any lot at any time as a
residence either temporarily or permanently.
c. No noxious or offensive activity shall be carried on
upon any lot, nor shall anything be done thereof
which may become an annoyance or nuisance to the
neighborhood.
d. No lot shall be used or maintained as a dumping
ground for nebbish, trash, garbage or other waste.
Nor shall any of the above be kept on any lot except
in sanitary containers.
e. No animals, livestock, or poultry of any kind, shall
be raised, bred, or kept on any lot except that dogs,
cats, or other household pets may be kept therein if
they are not kept, bred, or maintained for any
commercial purpose, and in accordance with the
applicable ordinances.
£ No sign of any kind shall be displayed to the public
view on any lot except one sign of not more than six
square feet advertising the property for sale or rent,
unless approved by the Architectural Control
Committee in writing.
g. All property shall be maintained free of tall grass,
undergrowth, dead trees, weeds and trash, and
generally free of any condition that would decrease
the attractiveness of the property.
h. No trailer having a height of five feet or more shall
be parked over 12 hours in any one week on any
property or driveway so as to be visible from the
street. No motor vehicle shall be parked over 12
hours in any one week on any property without
having a current Virginia State license tag, unless
such vehicle is parked in an enclosed garage.
4 14SN0~87-2014_~liG27-BOS-RPT
i. The exterior of all houses and other strictures must
be completed within one year after the constriction
of same shall have commenced, except where such
completion is impossible or would result in great
hardship to the owner or builder due to strikes, fires,
national emergency or natural calamities. Houses
may not be temporarily or permanently occupied
until the exteriors thereof have been completed.
During the continuance of constriction, the owner
of the parcel shall require the contractor to maintain
the lot in a reasonably clean and uncluttered
condition.
j. An Architectural Control Committee (herein called
"Committee") originally composed of Richard
Chandler and Cindy Chandler is hereby established.
Any two members of the Committee may act on
behalf of the Committee without holding a meeting
of the full Committee or giving notice to the other
members. The Committee together with the written
consent of the property owners may amend, modify,
or waive, in writing any of the restrictions. The
members of the Committee shall receive no
compensation. At any time, the then recorded
owners of eighty percent of the property shall have
the power through a duly recorded written
instalment to change membership of the Committee
or to withdraw from the membership of the
Committee or to restore any of its powers and
duties.
k. No improvement shall be erected, placed or altered
on any lot until the constriction plan thereof, and a
plan showing the location of the said improvements
shall be submitted to and approved by the
Architectural Control Committee. No constriction
on said improvements shall commence until the said
plans and location of said improvements shall have
been approved by the Committee in writing. The
Committee reserves the right to request such
information and data; such as, quality of
workmanship and materials, type of constriction,
harmony, of exterior design with existing strictures
and location with respect to topography and
finished grade elevation, as may be necessary to
make said deternunation. Prior to the
commencement of any improvements, written
approval may be withdrawn at any time by the
14SN0~87-2014_~liG27-BOS-RPT
Committee by giving written notice to said party of
its withdrawal of said approval. The Committee
approval as required above shall be in writing and,
in the absence of such written approval,
constriction plans and location plans shall be
considered as disapproved. The building location on
all lots shall be within the applicable county zoning
ordinance, and at the discretion of the Committee.
1. Approval by the Committee shall not constitute a
basis for liability of the member or members of the
Committee, the Committee or the owner for any
reason including without limitation; (i) failure of the
plans to conform to any applicable building code; or
(ii) inadequacy or deficiency in the plans resulting
in defects in the improvements.
m. The ground floor area of any single-family
residence erected on any of the lots shall not be less
than 1,800 square feet for asingle-story residence,
not less than 2,000 square feet for any one and one-
half story or two story residence. Attached covered
porches, covered stoops, breezeways, and garages
shall not be included in computing said square
footage.
n. The foundation of all single-family residences on
any lot shall be faced with brick or stone veneer.
Exposed piers supporting front porches shall be
faced with brick or stone veneer.
o. All single-family residences shall conform to a
Colonial or Traditional Architectural style. No
prefabricated single-family residences shall be
erected on any lot.
p. No fences shall be permitted between the single-
family residences and the street line. Split-rail
fences or other wooden fences may be built between
the rear of the house and the rear lot line. The split-
rail fence may be backed with wire to provide
animal retention.
q. Easements for installation and maintenance of
utilities and drainage are reserved as shown on the
said subdivision plat.
Ei 14SN0~87-2014_~liG27-BC)S-RPT
r. Except as otherwise provided by applicable law and
unless approved by the Committee, no antenna,
aerial, or device shall be erected or placed on any
property, house, or garage, or other outbuilding
other than the normal antennas, aerial or device
necessary to facilitate the reception of television
signals, and/or radio signals, normally incident to
the radio and television receivers normally used in
the home. Satellite dish type television antennas are
specifically prohibited unless specifically approved
in writing by the Committee and as otherwise
provided by applicable law.
s. Each and every covenant, condition, and easement
herein imposed may be enforced by the undersigned
or by the owner of any lot by appropriate
proceedings at law or in equity against any party
violating or attempting or threatening to violate the
same.
t. Manufactured Homes shall not be permitted. (P)
GENERAL INFORMATION
T ncatinn•
The request property is located on the east line of River Road, south of Nash Road. Tax ID
756-626-5439.
Existing Zonin
R-88
Size:
99.9 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North-A; Single-family residential, public/semi-public (fire station) or vacant
South and East-A and R-88; Single-family residential or vacant
West-A; Single-family residential or vacant
7 14SN0~87-2014_~liG27-BOS-RPT
T TT1T TTTF C
Public Water Svstem:
There is an existing sixteen (16) inch water line along River Road. The use of the public
water system will be required by County code, unless the new stnict~ire is located 400 feet
or farther from the waterline.
Public Wastewater Svstem:
The public wastewater system is not available to serve the request property. Extension of
service into this area is not planned. This use will not impact the public wastewater system.
Individual Wells and Septic Systems:
The Health Department must approve any new or expanded use of individual wells and
septic systems.
ENVIRONMENTAL
The request to delete Proffered Condition 10 of Case OSSN0147 relative to the dam will have a
minimal impact. The condition, which requires the lake to remain and the dam retrofitted as
necessary, will continue to be applicable for the property (adjacent to the north of the subject
property) where the lake and dam are located.
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.
F1YP C'PY'Vl(`.P'
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.
With the potential development of forty-one (41) lots, the development would generate
approximately ten (10) calls for fire and EMS each year. The applicant has offered
measures to address the impact of this development on fire and EMS. (Proffered
8 14SN0~87-2014_~liG27-BOS-RPT
Condition 1 of Case 14SN0587)
The Phillips Fire Station, Company Number 13, and Ettrick Matoaca 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.
Schools:
Residential Yield: 41
Student Yield
From Functional r'
Membership, No. of
School None Residential Capacity, " I ~ ~
9-30-13 Trailers '~'~
De~relopment 2013-14 ~ ~~ ~ -~•P
Elementan': Et~ick 9 496 552 1
Middle: Matoaca 5 1,072 1,438 "'J:~°a **
High: Matoaca 6 1,860 1,794 ll(YT-~~Oa 5
Total 20
Projected Membe rship and Capacitti~ Trends O~~er Time '~'~'~
Prowctcd ~ Prowctcd Prowctcd
School Namr Mcmhrrrhi~i, Mrmhrrrhi~i, Mrmhrrrhi~i,
9-311-1~ 9-311-15 9-311-2U
Elementan': Ethick 486 471 5! ~ 1
Middle: Matoaca 1,041 "'1:~~° a 1,005 ,, /a 1,071 "'IT-~~O a
High: Matoaca 1,810 ll(Yll°a 1,831 ll(~:~~~a 1,801 ll(~(Y°a
NOTE: * The Student Yield is based on the FY2014 Cash Proffer Methodology as provided bv_ the Chesterfield. CountL~ Finance
Depai~nent.
NOTE: '~'~ If a school is less than 90% of capacity and has tl-ailers, those tl-ailers are not identified in the staffreport.
Student Membership is based on membership as of09-30-13.
School Capacit<• is based. on the 2013-14 Space Utilization Stud
'~'~'~ DISCLAIMER: Please mote that Pt°ojeeted llenzbership A:~'D Fzrrrctiorral Capaciij~ at°e zrpdated orr arr A~:~"L'AL
BASIS acrd at°e based orr the September 30 nzenzbership f'or a given year acrd the Space ti"tihzatio~r Stzrdy Repot°t ~~hich is
corrdzrcted every year°. The Space titilizatiorr Stzrdy is a r°epor°t that is corrdzrcted mrrrzrally wher°eby Plarrrrbrg staff corrdzrcts a
site visit of every school br the cozrrrt~~ acrd the Pr°brcipal r°eviews his or her floor 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 Functional C'apacit~~ of that school. The school
system needs to know how each of their°facilities is zrtihzed f'or°f'znrdbrg and space allocation pzaposes. Agabr, it is
important to note that these nzmzbers change every year.
9 14SN0~87-2014_~UG27-BOS-RPT
After review of this request, the proposed amended rezoning case will continue to have
an impact on the aforementioned schools involved. 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 to capacity and over capacity. Staff
continues to monitor student membership on a regular basis in these areas and
membership projections are analyzed and updated annually.
Therefore, 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.
(Proffered Condition 1 of Case 14SN0587)
Libraries:
Additional residential development in this area of the County would most likely impact
the existing Ettrick-Matoaca Library. The Public Facilities Plan recommends an
expansion or replacement of the existing Ettrick-Matoaca Library. The existing library is
8,000 square feet. The Plan recommends a 20,000 square foot facility to address service
gap and demand issues related to anticipated population increases in this area of the
County. The applicant has offered measures to assist in addressing the impacts of this
development on library facilities. (Proffered Condition 1 of Case 14SN0587)
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 mitigating the impact of this development on Parks and Recreation
facilities. (Proffered Condition 1 of Case 14SN0587)
County Department of Transportation:
As part of Case OSSN0147, the Board accepted several transportation related proffers,
including a proffer that controls direct vehicular access to River Road (Proffered
Condition 11 of Case OSSN0147). The subject property was included in that 232 acre
zoning case.
The applicant is interested in initially constricting just one (1) single-family dwelling on
the property, and preserving the ability to further develop the property as permitted by the
current zoning. In order to constrict the one (1) dwelling with a private driveway to River
10 14SN0~87-2014_~liG27-BOS-RPT
Road, Proffered Condition 11 of Case OSSN0147 must be modified. The applicant has
proffered a condition that would allow a private driveway to River Road, and would also
limit any additional vehicular access to only one (1) public road to serve other potential
residential development (Proffered Condition 3 of Case 14SN0587). The Transportation
Department supports this request.
Virginia Department of Transportation (VDOT~:
VDOT has no objection to the amendment of Case OSSN0147 as the proposed proffer
revisions have no impact on State acceptance of the proposed subdivision roadways.
Note that Department acceptance of the subdivision roadways for maintenance is
contingent on meeting the provisions of the Subdivision Street Acceptance Requirements
- SSAR's (24VAC30-92), unless grandfathered (previous approval of street
layout/tentative plan) under the 2005 SSR's. Included in those SSAR provisions are
meeting connectivity (two (2) external connections to a publically maintained street or
one (1) connection and the provision for a stub out to an adjacent developable parcel) and
pedestrian accommodations (street ADT dependent).
The locations of the proffered public connection access point to the subdivision at River
Road (Route 602) is subject to compliance with the Access Management Regulations
(24VAC30-73) spacing standards from existing intersections/access points in effect at the
time of site plan review.
Financial Imbact on Cabital Facilities:
Per Dwelling
Unit
Potential Number of New Dwelling Units 41 * 1.00
Population Increase 113.98 2.78
Number of New Students
Elementary 8.59 0.21
Middle 4.60 0.11
High 6.23 0.15
Total 19.42 0.47
Net Cost For Schools $ 384,416 $ 9,376
Net Cost for Parks $ 54,407 $ 1,327
Net Cost for Libraries $ 13,940 $ 340
Net Cost For Fire Stations $ 32,226 $ 786
Average Net Cost Roads $ 386,712 $ 9,432
Total Net Cost $ 871,701 $ 21,261
*Based on approved tentative subdivision plans.
This proposed development will have an impact on capital facilities. Staff has calculated the
fiscal impact of every new dwelling unit on schools, roads, parks, libraries and fire stations at
$19,743 per unit.
11 14SN0~87-2014_~liG27-BOS-RPT
The applicant has requested amendments to the original zoning (Case OSSN0147) that would
allow the constriction of one (1) dwelling unit for their personal use on the property, prior to
many of the proffered conditions going into effect. The first unit, to be built as the applicant's
primary residence, will have minimal impact on capital facilities.
Development of the property, as shown on approved tentative plans (Cases OSTS0353 and
09TS0276), will yield approximately forty-one (41) lots. To address the impact of this potential
development on capital facilities, the applicant has proffered with this current request $18,966
per dwelling unit, which is the maximum cash proffer in place, for each unit beyond the first
(Proffered Condition 1 of Case 14SN0587). The proffer also includes language that would freeze
the $18,966 contribution for a period of four (4) years after which it would be escalated by the
cumulative change in the Marshall and Swift Building Code Index, and then adjusted annually
per the Cash Proffer Policy.
Circumstances relevant to this case, as presented by the applicant, have been reviewed, and staff
feels that it is appropriate to accept the maximum cash proffer of $18,966 for each dwelling unit
beyond the first in this case.
LAND USE
Comprehensive Plan:
The Comprehensive Plan suggests the property is appropriate for Residential Agricultural
use where a maximum of 0.5 dwellings per acre would be appropriate.
Area Development Trends:
Area properties are zoned residentially and agriculturally and are occupied by single-
family residential use on acreage parcels, public/semi-public use (Phillips Fire Station) or
are vacant. It is anticipated that residential and a combination of residential use on larger
parcels and agricultural uses will continue in the area.
Zoning History:
On April 27, 2005 the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved rezoning (Case OSSN0147) of a 232.4 acre tract from
Agricultural (A) to Residential (R-88) to permit asingle-family residential development
with a maximum of 100 lots yielding a density of approximately 0.43 units per acre. The
request property is a portion of this larger tract. Conditions of approval addressed impacts
on capital facilities, density, tree preservation, street trees, road improvements and access,
house size, foundation treatment, dam retention and restrictive covenants.
Tentative subdivision plans have been approved on the request property for
approximately forty-one (41) lots. Case OSTS0353 was approved in July 2008 (on the
western majority of the property) for approximately thirty-six (36) lots. Case 09TS0276
was approved in July 2009 (on the eastern portion of the property) for approximately five
(5) lots. An amended tentative showing the proposed one (1) building lot for the
12 14SN0~87-2014_~liG27-BOS-RPT
applicants' personal residence must be approved prior to the issuance of a building permit
for the dwelling.
Current Proposal:
The applicant is proposing the following amendments to Case OSSN0147. All other
conditions of Case OSSN0147 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 OSSN0147) (CASE 14SN0587)
15 ft. strip around perimeter of
TREE PRESERVATION development -Condition ~~~ as Deleted*
negotiated ~~~ith area propert~T
o~~ ners
DAM Retention of lake ~~~ith dam Deleted; Dam & lake not located
(*Environmental Engineering) retrofitted as necessar<r on request propert~T
IMPACTS ON CAPITAL After 1 unit (the applicants'
FACILITIES personal residence) $18,966 per
(*Financial Impact on Capital $ll,500 per unit unit, includes dela~Ted escalator
Facilities) per Cash Proffer Polic~T
(Proffered Condition 1)
Street trees required in Clarifies that the street trees are
accordance ~~~ith Exhibit A; required along public roads, still
STREET TREES street on exhibit not labeled as in the area as sho~~n on Exhibit
public or private A of Case OSSN0147
(Proffered Condition 2)
One (1) public road and one (1) permits a private drive~~~a~T to be
ACCESS private drive~~~a~T (currentl~T the
located on the request propert~T
(*Transportation) one (1) private drive is located (Proffered Condition 3)
on adjacent propert~T to the
south
Requires recordation of Requires recordation of
RESTRICTIVE COVENANTS** covenants ~~~ith recordation of covenants ~~~ith recordation of
an~T subdivision plat an~T subdivision plat after one
(1) lot
(Proffered Condition 4)
*Discussed in further detail in the noted section of this report.
**The County will only ensure the recordation of the covenants and will not be responsible for
their enforcement. Once the covenants are recorded, they can be changed.
***Staff would support deletion of this condition if the Commission and Board determine it
would be appropriate after receiving public input.
13 14SN0~87-2014_~liG27-BOS-RPT
CONCLUSIONS
The proposed amended zoning would not have an adverse impact on the surrounding area and
would accommodate the property owners' desire to constrict their personal residence on the
property while preserving their ability to further develop the property as permitted by Case
OS SN0147.
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.
It should be noted that the tree preservation strip (Condition 4 of Case OSSN0147) was
negotiated with area property owners when the property was zoned. If after receiving public
input, the Commission and Board determine it would be appropriate to approve deletion of the
condition, staff would support removal of the tree preservation strip.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (7/22/14):
The applicant's representative accepted the recommendation. There was no opposition
present.
On motion of Dr. Wallin, seconded by Mr. Gulley, the Commission 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, August 27, 2014 beginning at 6:30 p.m., will take
under consideration this request.
14 14SN0~87-2014_~liG27-BOS-RPT
Ms. Kelly Brod stated the recommendation is acceptable. She
further stated she has spoken with Mr. and Mrs. Luck and will
continue discussions with them regarding the exact location
of the proposed driveway, taking public safety into account
with the traffic patterns.
Mr. Barber called for public comment.
Mr. Ronnie Luck stated he would like to see the exact
location of the entrance and inquired whether the request
could be deferred.
Mr. George Emerson stated he has been assured by the
applicant that the driveway will be located very close to the
old parking lot, and he supports the request.
No one else came forward to speak to the request.
Mr. King stated he is satisfied that the applicant will do
what Mr. and Mrs. Luck have requested.
Mr. Miller stated the applicant will be required to submit
subdivision plans for the property and identify the location
of the driveway. He further stated staff will ensure that
Mr. and Ms. Luck's concerns are addressed and that they are
notified so they can participate in the process.
On motion of Mr. King, seconded by Mr. Warren, the Board
approved Case 055N0209 and accepted the following proffered
conditions:
1. A temporary model home (sales office) shall be permitted
in a modular office unit provided such unit shall be
utilized for a maximum of two (2) yF:,rs from the date of
approval of this request. When nc l r~~r used as a model
home (sales office), the modular c`fice unit shall be
removed. {p}
2. The model home (sales office) shall only be used to
market the development (Cypress Woods) in which it is
located and shall not be used for the sale of lots or
houses outside of the development in which it is
located. {p}
3. The model home (sales office) shall not be the primary
real estate office for the company marketing the
development. (P)
4. The model home {salev~~ office} shall be incidental to
construction activity taking place within the
development ( Cypress W ~ ~~:1:~) . ( P )
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
O55NO147
In Matoaca Magisterial District, BILL DUVAL requests rezoning
and amendment of zoning district map from Agricultural (A} to
Residential {R-88}. Residential use of up to 0.50 unit per
acre is permitted in a Residential (R-88) District. The
Comprehensive Plan suggests the property is appropriate for
05-349
04/27/05
residential use on 1-5 acre lots, suited to R-88 zoning.
This request lies on 232.4 acres fronting in two (2) places
for a total of approximately 1,220 feet on the east line of
River Road, also fronting approximately 270 feet on the north
line of Hickory Road and located in the northeast quadrant of
the intersection of these roads; also fronting approximately
150 feet on the west line of Rowlett Road, approximately
1,750 feet north of Hickory Road. Tax IDs 756-626-7462, 758-
628-6726; and 760-628-2105 {Sheet 40}.
Ms. Darla Orr presented a summary of Case 055N0147 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions. She noted the
request complies with the Southern and Western Area Plan and
addresses the impact on capital facilities.
Discussion ensued relative to the one-acre land donation,
which will be used for future expansion of the Phillips
Volunteer Fire Department.
Mr. Andy Scherzer, representing the applicant, stated the
recommendation is acceptable.
Mr. Barber called for public comment.
No one came forward to speak to the request.
Mrs. Humphrey thanked the applicant for the land donation to
allow for expansion of the fire department, as well as the
landscaping being provided by the applicant.
Mrs. Humphrey then made a motion, seconded by Mr. Warren, for
the Board to approve Case 05SN0147 and accept the following
proffered conditions:
1. The applicant, subdivider, or assignee(s) shall pay the
following, for infrastructure improvements within the
service district for the property, to the county of
Chesterfield prior to the issuance of building permit:
A. $11,500.00 per dwelling unit, if paid prior to July
1, 2005; or
B. T'~~ie amount approved by the Board of Supervisozs not
to exceed 511,500.00 per dwelling unit adjusted
upward by any increase in t:ie Nars'.~iall and Swift
building cost index, between July 1, 2001, and July
1 of t'rie fiscal year in w:iic'ri t:ie payment is made
if paid after June 30, 2005.
C. In t'.~ie event t'.~ie cas:i payment is not used for w:iic'.~i
proffered wit'.~iin 15 years of receipt, t:ie cas'.~i
s'~~iall be zeturned in full to the payoz. (BAN}
2. The maximum density of this development shall not exceed
one hundred (100) lots. (P)
3. Manufactured homes shall not be permitted. (P)
4. A fifteen (15) foot tree preservation strip shall be
maintained around the perimeter of the subdivision {this
shall exclude the land to be dedicated to the County per
Proffered Condition 6) This preservation strip shall
be exclusive of setbacks. Utility easements and public
05-350
04/27/05
roads shall be permitted to cross this strip in a
perpendicular fashion. Any healthy trees that are six
(6) inches in caliper or greater shall be retained
within this tree preservation strip except where removal
is necessary to accommodate the improvements permitted
herein. This condition shall not preclude the removal
of vegetation from the tr~~ preservation strip that is
unhealthy, dying or divvav~-1. {P}
5. Street trees shall be installed in the shaded areas
generally as shown on Exhibit A and shall be subject to
the requirements of the Zoning Ordinance Section 19-518
(h) In addition, an evergreen tree shall be planted
within these areas generally every fifteen (15) feet and
shall be a minimum of five {5} feet in height at time of
planting. {P}
6. Prior to, or in conjunction with, recordation of the
first subdivision plat, a minimum of a 100 foot wide
strip of land along the western property boundary
immediately adjacent to Tax ID 754-625-5188 shall be
dedicated free and unrestricted to the County of
Chesterfield. In conjunction with this dedication,
drainage easements shall be granted to accommodate
development of the dedicated land. {FD&EE)
7. The minimum gross floor area for one story dwelling
units shall be 1800 square feet and dwelling units with
more than one story shall have a minimum gross floor
area of 2000 square feet. (P)
8. All exposed portions of the foundation of each new
dwelling unit shall be faced with brick or stone veneer.
Exposed piers supportir_ front porches shall be faced
with brick or stone v~r~~r. (BI&P)
9. 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}
10. The lake on the property known as GPIN 760-628-2105
shall remain and the dam shall be retrofitted as
approved by the department of Environmental Engineering.
(EE)
11. No direct ~~--sss shall be provided from the property to
Hickory Road. Direct access from the property to River
Road and t~ Rowlett Road shall be limited to one (1)
public road onto each roadway. The exact location of
these accesses shall be approved by the Transportation
Department. At time of tentative subdivision review, the
Transportation Department may modify this condition to
permit one (1) private driveway from the property to
River Road. (T)
12. Forty-five (45) feet of right-of-way along the north
side of Hickory Road and the east side of River Road,
and thirty-five {35} feet of right-of-way along the west
side of Rowlett Road, measured from the centerlines of
that part of the roadways immediately adjacent to the
05-351
04/27/05
property, shall be dedicated, free and unrestricted, to
and for the benefit of Chesterfield County. Prior to any
tentative subdivision approval, a phasing plan for this
right-of-way dedication shall be submitted to and
approved by the Transportation Department. This right-
of-way shall be dedicated in accordance with the
approved phasing plan or within sixty (60) days from a
written request by the County, whichever occurs first.
(T)
13. To provide an adequate roadway system, the developer
shall be responsible for the following improvements:
A. Construction of additional pavement along River
Road and Rowlett Road at each approved access to
provide left and right turn lanes, if warranted,
based on Transportation Department standards.
B. Widening/improving the east side of River Road, the
north side of Hickory Road and the west side of
Rowlett 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. 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. 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 13. a., the
developer may request, in writing, that the County
acquire such right-of-way as a public road
improvement. All costs associated with the
acquisition of the right-of-way shall be 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}
14. Prior to any construction plan approval, a phasing plan
for the required road improvements, as identified in
Proffered Condition 13, shall be submitted to and
approved by the Transportation Department. (T)
15. At a minimum the following restrictive c venants shall
be recorded in conjunction with the r~ rdation of any
subdivision plat:
a. No lots shall be used except for single-family
residential purposes. No building shall be erected,
altered, placed or permitted to remain on any lot
other than one detached single-family dwelling not
to exceed three stories in height and one private
garage.
05-352
04/27/05
b. Only one residence shall be erected or placed on a
single lot, and no lot shall, after its original
conveyance, be subdivided into smaller lots or
parcels. No structure of a temporary character,
trailer, basement, tent, shack, garage, barn, or
other outbuilding shall be used on any lot at any
time as a residence either temporarily or
permanently.
c. No noxious or offensive activity shall be carried
on upon any lot, nor shall anything be done thereof
which may become an annoyance or nuisance to the
neighborhood.
d. No lot shall be used or maintained as a dumping
ground for rubbish, trash, garbage or other waste.
Nor shall any of the above be kept on any lot
except in sanitary containers.
e. No animals, livestock, or poultry of any kind,
shall be raised, bred, or kept on any lot except
that dogs, cats, or other household pets may be
kept therein if they are not kept, bred, or
maintained for any commercial purpose, and in
accordance with the applicable ordinances.
f. No sign of any kind shall be displayed to the
public view on any lot except one sign of not more
than six square feet advertising the property for
sale or rent, unless approved by the Architectural
Control Committee in writing.
g. All property shall be maintained free of tall
grass, undergrowth, dead trees, weeds and trash,
and generally free of any condition that would
decrease the attractiveness of the property.
h. No trailer having a height of five feet or more
shall be parked over 12 hours in any one week on
any property or driveway so as to be visible from
the street. No motor vehicle shall be parked over
12 hours in any one week on any property without
having a current Virginia State license tai, unless
such vehicle is parked in an enclosed g r ~~.
i. The exterior of all houses and other structures
must be completed within one year after the
construction of same shall have commenced, except
where such completion is impossible or would result
in great hardship to the owner or builder due to
strikes, fires, national emergency or natural
calamities. Houses may not be temporarily or
permanently occupied until the exteriors thereof
have been completed. During the continuance of
construction, the owner of the parcel shall require
the contractor to maintain the lot in a reasonably
clean and uncluttered condition.
An Architectural Control Committee (herein called
"Committee") originally composed of William B.
Duval, Rene' D. McKinney and Gene Duval is hereby
established. Any two members of the Committee may
05-353
04/27/05
act on behalf of the Committee without holding a
meeting of the full Committee or giving notice to
the other members. The Committee together with the
written consent of the property owners may amend,
modify, or waive, in writing any of the
restrictions. The members of the Committee shall
receive no compensation. At any time, the then
recorded owners of eighty percent of the property
shall have the power through a duly recorded
written instrument to change membership of the
Committee or to withdraw from the membership of the
Committee or to restore any of its powers and
duties.
k. No improvement shall be erected, placed or altered
on any lot until the construction plan thereof, and
a plan showing the location of the said
improvements shall be submitted to and approved by
the Architectural Control Committee. No
construction on said improvements shall commence
until the said plans and location of said
improvements shall have been approved by the
Committee in writing. The Committee reserves the
right to request such information and data; such
as, quality of workmanship and materials, type of
construction, harmony, of exterior design with
existing structures and location with respect to
topography and finished grade elevation, as may be
necessary to make said determination. Prior to the
commencement of any improvements, written approval
may be withdrawn at any time by the Committee by
giving written notice to said party of its
withdrawal of said approval. The Committee
approval as required above shall be in writing and,
in the absence of such written approval,
construction plans and location plans shall be
considered as disapproved. The building location
on all lots shall be within the applicable county
zoning ordinance, and at the discretion of the
Committee.
1. Approval by the Committee shall not constitute a
basis for liability of the member or members of the
Committee, the Committee or the owner for any
reason including without limitation; (i) failure of
t eh plans to conform to any applicable building
code; or (ii) inadequacy or deficiency in the plans
resulting in defects in the improvements.
m. The ground floor area of any single-family
residence erected on any of the lots shall not be
less than 1,800 square feet for a single-story
residence, not less than 2,000 square feet for any
one and one-half story or two story residence.
Attached covered porches, covered stoops,
breezeways, and garages shall not be included in
computing said square footage.
n. The foundation of all single-family residences on
any lot shall be faced with brick or stone veneer.
Exposed piers supporting front porches shall be
faced with brick or stone veneer.
05-354
04/27/05
o. All single-family residences shall conform to a
Colonial or Traditional Architectural style. No
prefabricated single-family residences shall be
erected on any lot.
p. No fences shall 1_~ permitted between the single-
family residences and the street line. Split-rail
fences or other w--din fences may be built between
the rear of the house and the rear lot line. The
split-rail fence may be backed with wire to provide
animal retention.
q. Easements for installation and maintenance of
utilities and drainage are reserved as shown on the
said subdivision plat.
r. Except as otherwise provided by applicable law and
unless approved by the Committee, no antenna,
aerial, or device shall be erected or placed on any
property, house, or garage, or other outbuilding
other than the normal antennas, aerial or device
necessary to facilitate the reception of television
signals, and/or radio signals, normally incident to
the radio and television receivers normally used in
the home. Satellite dish type television antennas
are specifically prohibited unless specifically
approved in writing by the Committee and as
otherwise provided by applicable law. (P)
s. Each and every covenant, condition, and easement
herein imposed may be enforced by the undersigned
or by the owner of any lot by appropriate
proceedings at law or in equity against any party
violating or attempting or threatening to violate
the same.
t. Manufactured Homes shall not be permitted. {p)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
O5SNO164
In Bermuda Magisterial District, WACHOVIA BANK, N. A.,
E~iECUTOR UNDER THE WILL OF HAZEL B. COPLEY, requests rezoning
and amendment of zoning district map from Agricultural (A) to
Residential Townhouse {R-TH} with Conditional Use Planned
Development to permit exceptions to Ordinance requirements.
Residential use of up to 8.0 units per acre is permitted in a
Residential Townhouse (R-TH) District. The Comprehensive
Plan suggests the property is appropriate for mixed use:
corporate office and multifamily residential uses and for
single family residential use of 1.01 to 2.5 units per acre.
This request lies on 125.1 acres fronting approximately 2,200
fs~t on the north line of Iron Bridge Road approximately 400
f~~t west of West Hundred Road; and fronting approximately
700 feet on the south line of Iron Bridge Road approximately
700 feet west of West Hundred Road; and also fronting in two
{2} places, for a total of approximately 600 feet, on the
south line of Ecoff Avenue across from Ecoff Elementary
1~ 1. Tax IDs 784-654-7098; 784-655-4291 and 9085 (Sheet
26) .
05-355
04/27/05