03SN0119-June18.pdfJohn G. "Chip" Dicks
Of Counsel
Richard B. Chess
Barrie Bowers
FutureLaw, L.L.C.
Attorneys at Law
The Branch Building
1015 East Nain Street
Third Floor
Richmond, Virginia 23219
www.futurelaw.net
TELEPHONE: 804-225-0854
FACSTMILE: 804-225-5508
E-Mail:
chipdicks@futu relaw.net
rchess@futurelaw.net
bbowers@futu relaw, net
June 18, 2003
Ms. Beverly F Rogers
Senior Planner
Planning Department
County of Chesterfield
9901 Loft Road
Chesterfield, VA 23832-0040
Re: Case 03SN0119
Dear Bev:
This letter will confirm that we do hereby amend Proffer Number 4 as follows:
4. To provide an adequate roadway system, the owner/developer shall be
responsible for the following:
Co
Construction of an additional lane of pavement along the westbound lanes of
Route 10 for the entire Property homage.
Reconstruction/construction of two (2) lanes of Womack Road Extended to
a twenty-four (24) foot wide pavement section with eight (8) foot wide
shoulders, with modifications approved by the Transportation Department,
from Route 10 to the approved access.
Construction of the Womack Road Extended intersection with Route 10 as a
three lane section consisting of a northbound lane and two southbound
lanes. The exact length of this improvement shall be approved by the
Transportation Department.
Construction of adequate left mm lanes, as determined by the
Transportation Department, at the existing crossovers on Roate 10 located
just east and west of the Womack Road Extended intersection. If approved
by the Planning Commission, alternative road improvements may be
substituted for the improvements identified in this part of the Proffered
Condition.
Ms. Beverly F Rogers
June 18, 2003
Page 2
e. Construction of additional pavement along Route 10 at the Womack Road
Extended intersection to provide a fight turn lane.
go
Construction of a sidewalk along the north side of Route 10 from the
Womack Road Extended intersection, west to the western property line of
the Property.
Construction of additional pavement along Womack Road Extended at the
approved access to provide left and right mm lanes, if warranted, based on
Transportation Department standards.
Replacement of any of the existing trees in the median of Route 10 that are
removed by the construction of the road improvements, as described in
Proffered Condition 4.d. Two (2) replacement trees shall be installed for
every existing tree that is removed. Unless otherwise approved by the
Transportation Department, replacement trees (1) shall be installed in the
Route 10 median, east and/or west of the Womack Road Extended
intersection; (2) shall have a mirdmum of three (3) inch caliper; and (3) shall
be from the list of approved plantings by the Virginia Department of
Transportation ("VDOT"). The exact species, size and location shall be
approved by the Transportation Department.
Dedication to Chesterfield County, free and unrestricted, of any additional
fight-of-way (or easements) required for the improvements identified above.
In the event the Developer is unable to acquire the right-of-way necessary
for the road improvements identified in Proffered Condition 4.e, 4.fand 4.g,
the Developer may request, in writing, the County to acquire such right-of-
way as public road improvements. 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 only provide the road improvements that can be
accommodated within the available right-of-way, as determined by the
Transportation Department.
Thank you. With warm regards, I am,
jV~ trktly yours,
G. Chip" Dicks
-2-
June 18, 2003 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
03SN0119
John G. "Chip" Dicks
Bermuda Magisterial District
EcoffElementary, Carver Middle and
Thomas Dale High School Districts
North line of West Hundred Road
REQUEST: Rezoning from Agricultural (A), Residential (R-7) and Corporate Office (O-2) to
Multifamily Residential (R-MF).
PROPOSED LAND USE:
A' multi-family residential development having a maximum'of216 units is Planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 6.
STAFF RECOMMENDATION
Recommend approval subject to the applicant reducing the total number of units to 211. This
recommendation is made for the following reasons:
While the proposed zoning and land use on the southern part of the property
conforms to the Chester 'qillage Plan which suggests.the property is appropriate for
mixed use: corporate office and multi-family residential, - the Plan suggests single
family residential development on the northern part of the property. A detailed
evaluation of topographical conditions suggest that a more appropriate'location to
'provide a transition between single and multi-family uses would be along a swale
Providing a FIRST CHOICE Community Through Excellence in Public' Service.
located north of the property. Physical'features provide a better boundary between
differing land uses than property boundaries.
Bo
Based upon densities suggested by the Plan, the total number of units should not
exceed 211.
Co
The proposed zoning and land use are repreSentative of existing and anticipated.area
development.
-D.
The proffered conditions address the impacts of this develOpment on necessary
capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan.
Specifically, the needs for roads, schools, parks, libraries and fire stations-.is
identified in the public Facilities Plan, the Thoroughfare Plan and the Capital .
Improvement Program and the impact of this develOpment is discussed herein..The
proffered conditions adequately mitigate the impact on capital facilities, thereby
insuring adequate service levels are maintained and protecting the health, safety and
welfare of County.citizens.
(NOTE: THE ONLY CONDITION THAT MAY BE' IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER MAY PROFFER OTHER CONDITIONS. THE CONDITIONS
NOTED WITH "STAFF/CPC, WERE AGREED UPON BY BOTH STAFF AND THE
COMMISSION. CONDITIONS WITHONLYA"STAFF" ARE RECOMMENDED SOLELYBY
STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC) 1.
(STAFF/CPC) 2.
(STAFF/CPC) 3.
(STAFF/CPC) 4.
Prior to any final site plan approval; one hundred (100) feet of right-
of, way on the north side of Route 10, measured from the eenterline of
that part of Route 10 immediately adjacent to the property, shall'be
dedicated, free and unrestricted, to and for the benefit of Chesterfield
County. (T)
No direct access shall be provided from the Property to Route 10._
This condition shall not preclude the provision of an emergency
access from the Property to Route 10. (T)
Direct access from the Property to the' north/south-major arterial
("Womack Road Extended") shall be limited to one (1)entrance/exit.
The exact location of this access shall be approved~ by the
TranspOrtation Department. (T):
To provide an adequate roadway system, the oWner/developer shall be
responsible .for the following:
03Sbl0119-JUNE18'BOS
2
be
Co
do
eo
go
Construction of an additional lane of pavement along the
westbound lanes of Route 10 for the entire Property frontage.
Reconstruction/construction of two (2)' lanes of Womack
Road Extended to a twenty-four (24) foot wide pavement
section with eight (8) foot wide shoulders, with modificatious
approved by the.Transportation Department, from Route 10 to
the approved access.
Construction of the womack Road Extended intersection with
Ronte 10 as a three lane section consisting of a northbound
lane and two southbound lanes. The exact length of this
improvement shall be approved by the Transportation
Department.
Closing the existing crossover on Route 10 located east ofthe
Womack Road Extended intersection and construction Of a
new 'crossover, including left mm lanes along both the
eastbound and westbound'lanes, on Route 10 at the Womack
Road Extended intersection. If the Virginia Department of
Transportation does not approve the closing of the existing
crossover and constructing the new crossover, the Developer
shall be' relieved of these requirements, and shall then be
required to provide adequate left'.turn lanes, as determined by
the Transportation Department, at'the existing crossovers on
Route 10 located just east-and west of the Womack Road
Extended intersection.
Construction of additional pavement along Route 10 at the
Womack Road Extended intersection to provide a fight turn
lane.
Construction of a sidewalk along the north side of Route 10
from the Womack Road Extended intersection, west to the
western property line of the Property.
Construction of additional pavement along Womack Road
Extended at the. approved access to provide left and right mm
lanes, if warranted, based on Transportation Department
standards.
RePlacement.of any of the existing trees in the median of
Route 10 that are removed by the. construction of the new
crossover and mm lanes, as described in proffered Condition
4.d. Two (2)-replacement trees shall be installed for every
03SN0119-IUNE18-BOS
3
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
o
o
o
eXisting tree that is removed. Unless Otherwise appr°vedby
theTransportation Department, replacement trees (1) shall be
installed in the Route t0 median, eastand/west.of the new
crossover location; (2) shall have. a minimum of three (3) inch
caliper; and (3) shall be from the list of approved plantingsby
the Virginia Department of Transportation ("VDOT').' The
exact species, size and location shall, be approved:by: the
Transportation Department.
i. Dedication to 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 the right~of-waY 'necessary :for the':~road
' improvements identified in Proffered ConditiOn 4:e, '42f and
4..g, the Developer may request, in. writing, the County .to
acquire such right-of-way as public: road .improvements~ 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 aeatuisifion of the' "off-site"
fight-of-way, the Developer shall be relieVed of the obligation
to acquire the "off-site" right-of, way, and. only provide the
road improvements that can be accommodated within the
available right-of-way, as determined by the Transportation
Department. (T~)
Prior to any Site plan approval, a phasing plan for the.reqUired rOad
improvements, as identified in Proffered Condition 4, shall 'be
submitted to and approved by the. Transportation Department; (T)
PedeStrian access shall be provided from the Property to the Chester
Linear Park. The exact location this access shall be approvedbythe
Parks and Recreation Department. (P&R)
The public water and wastewater systems shall be used. (U)
Except fOr timbering approved bythe Virginia State Department.of
Forestry for'the purpose of removing dead or diseased trees, there
shallbe no timbering on the Property Until a land disturbance permit
has.been obtained from the Environmental Engineering Department
and the approved devices installed. (EE)
Prior to any site plan approval, an access easement, acceptable to the'
Planning and. Transportation Departments, shall be recorded frOm
Womack Road'Extended, across the Property~ to adjacent proPerties
to the north: (P & T)
03 SN01194UNE18-BOS
4
(CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
10.
11.
12.
14.
15.
16.
The total number of dwelling units on the prOperty shall not exceed
216. (P)
Except as otherwise prohibited bY the Virginia Fair Housing Law, the
Federal Fair Housing Law, and applicable federal, state, or local legal
requirements, at least thirty4wo (32) dwelling units shall be restricted
to "housing for older persons: as defined in the Virginia Fair Homing
Law and shall have no persons under 19 years of age domiciled there
("Senior Housing"), Senior housing shall be clustered in an area on
the northern part of the Property and each unit shall be noted as such
on the site plan. (P)
Each dwelling unit shall have washer and dryer hook-ups. (Pand BI)
The architectural style of the buildings shall incorporate the crafl~sman
features as generally depicted, on the renderings (the "Renderings',)
prepared by Cline Design Associates, P.A. (P)
Recreational facilities shall include at a minimum a clubhouse, fitness
room, a swimming pool 'and a playground. (P)
Stormwater shall be retained on-site based on the post development
10-year storm' rates and released at' a rate no greater than the pre-
develOpment 2-Year storm rates. (EE)
The hpplicant, subdivider, or assignee(s)-shall pay the following to
the County of Chesterfield for infrastructure improvements within the
service district for the Property. for the dwelling units on the parcels
of the subject request as provided herein. Payment shall be made
prior-to the issuance of bUilding permit.
For "Elderly Housing",
$4,815 per dwelling unit, if paid prior to January 1, 2004. At
the time of payment, the $4,815 will be allocated-pro-ram
among the facility costs as follows: $598 for parks, $324 for
libraries, $346 for fire stations, and $3,547 for roads; or
bo
The 'amount approved by the Board of Supervisors not _to
exceed $4,815 per dwelling unit, allocated pro-rata as set
forth above, adjusted upWard by any increase in the MarShall
and Swift Building Cost'Index between July 1,2002, and JulY
1 of the fiscal year in which the payment is made if paid after
December 31, 2003.
03SN0119JUNE18-BOS
5
(STAFF/CPC) 17.
(STAFF/CPC) 18.
For "Non-elderly Housing",
For each "Non-elderly Housing" dwelling unit in excess of 41
exemptedunits, excluding any elderly housing units, on Tax. parcel
ID Numbers (i) 7856547621; (ii) 7856545817 (part); (iii)
7866530382, and (iv) 7866540329, and for all "Non-elderly HOusing'.'
dwelling units on the remaining parcels:
a. $9,000 per dwelling unit, as defined above, if paid.prior to
January 1, .2004; or ' '
b. The amount approved, by the. BOard.of SuperviSors:not~t°
exceed $9,000 per dwelling unit, as defined ab°Ve,:adjUsted
upward.by any increase in the Marshall'and Swift B~-l~g
Cost Index between July 1, 2002, and. July'l of the fiscal year
in which the payment is made if paid after December 31,
2003.
In the event .the cash payment is not used for the purpose for which
prOffered within 15 years of receipt, the cash shall be returned in full
to. the payor. (B&M)
Provided right of way is available, trees shall.be installed alongthe
north sideofRoute 10 from the Womack Road Extended intersecti°n '
to the western property"line. These trees shall comply with-Section
19-518(h)(i) of the Zoning Ordinancerelative to spacing, Caliper and
species. A plan depicting :this requirement shall be submitted for
review'and approval by the Planning Department in conjunction with
site plan review. (P)
Site plans shall be submitted to the Planning Commission for review
and approval. (P)
GENERAL INFORMATION
Location:
North line of West Hundred Road, west of Womaek Road. Tax IDs 785-653-5567, 7929,
9019 and 9629; 785-654-Part of 5817 and 7621; 786-653:0382; and 786~654-0329'(Sheet
26).
Existing Zoning:
A, R-7 and 0-2
03SN0119-JUNE18-BOS
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Size:
27.6 acres
Existing Land Use:
Single family residential or vacant
Adiacent Zoning and Land Use:
North
South
East
West
- R-7 and R-7 with Conditional Use (Stock farm); Single family residential or vacant
r A, R-7 and 0-2; Single family residential or vacant
-R-7 and C-2; Single family residential, commercial or vacant
-. A; Vacant
UTILITIES
Public Water System:
There is an existing sixteen (16) inch water line eXtending along the north side of Iron Bridge
Road, adjacent to this site. In addition, there is an existing twelve (12) inch water line
extending along EcoffAvenue, approximately 700 feet north ofthis site. Use of the public
water system.is intended'and-has been proffered. (Proffered Condition 7)
The request site is along the western boundary of the Chester Pressure Zone. Preliminary
investigations of water pressure in this area indicate the developer should further evaluate
whether individual booster pump(s) are needed to provide the desired level of water pressure
to meet the domestic and fire flow/suppression needs of the development. The extension of
off-site.water line(s) and/or upgrading of existing water lines maybe necessary to' address
this concern.
Public Wastewater System:
There is an existing eighteen (18) inch wastewater trunk line extending along the western
side of Great Branch, adjacent to this site. Use of the public wastewater system is intended
and has been proffered. (Proffered Condition 7)
ENVIRONMENTAL
Drainage-and Erosion:
The majority of the property drains northwest to Great Branch and then onto Proctors Creek.
There are no existing or anticipated on- or off-site erosion problems. There are, however,
some existing offsite drainage problems in the vicinity of Ecoff Avenue. As a result, all
upstream development has been required to retain the ten (10) year, post development and
03SN0119-JUNE18-BOS
7
release at the two (2) year pre-development rate. The applicant has agreed to a similar
requirement (Proffered Condition 15). The majority of the property is heaVily wooded and
should not be timbered without first obtaining a land disturbance permit from the
EnVironmental Engineering Department (Proffered Condition 8). This will ensure proper
erosion control measures are in Place prior to any land disturbance.
Water Quality:
A perennial stream is located On the property and will be subject to ~a 100-foot resource
protection area (R.PA), in which very limited uses are permitted. Some of the fiat. areas
appear to be wetlands.
PUBLIC FACILITIES ' '
The need for fire, school, library, park and transportation facilities is .identified in the Public
Facilities plan, the Thoroughfare Plan and the Capital Improvement Program. This development Will
have an impact on these facilities. . ~ · .
Fire Service:
The Public Facilities Plan indicates that emergency services' calls are expected'to increase
forty-five (45) percent by 2015~ Eight (8) new fire/rescue stations:are recommended for'
construction by 2015 in the Plan.. Based on 175 additional dwelling units, this requestwill
generate.approximately forty(40) calls for fir~ and EMS 'services each year. The applicant
has addressed the impact on fire service. (Proffered Condition 16) ~'~ '.
The Chester Fire Station, Company Number 1 and Bensley' Bermuda. Volunteer Rescue
Squad currently provide fire protection and emergency medical service: 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:
Approximately seventy-five (75) students will be generated by this development. This site
lies in the Ecoff Elementary School attendance zone: capacity-- 750, enrollment, 805;
Carver Middle School zone: capacity - 1,200, eurollment- 1,4'17; and-Bird High-School
zone: capacity- 1,650, enrollment - 1,822.
There are currently four (4) trailers at Ecoff Elementary and' five (5) trailers at Bird High.
This request will have an impact on all schools involved. The'applicant has offered meaSures
to assist in addressing these impacts. (Proffered Condition 16)
03SN0119-JUNE18'BOS
8
Libraries:
COnsistent with the Board of Supervisors' policy, the impact of development on library
services is assessed County-wide. Based on projected population growth, the Public
Facilities Plan identifies a need for additional library space throughout the County. Taking
into account the additional space provided by the new La Prade and Chester Libraries, there
is still.a projected need for 55,000 additional .square feet of library space County-wide by
2015.
DeVelopment of the property would most likely affect the Chester Library. The Public
Facilities Plan indicates a need for additional library space in this area of the County by 2015.
The applicant has offered measures to assist in addressing the'impact'ofthis development on
library facilities. (Proffered Condition 16)
Parks and Recreation:
The Public Facilities Plan identifies the need for four (4) new regional parks. In addition,
there is currently a shortage of community park acreage in the County. The Public Facilities
Plan identifies a need for 625 acres of regional park space and 116 acres of community park
space by2015. The Plan also identifies the need for neighborhood parks and special purpose
parks and makes suggestions for their locations. The applicant has offered measures to assist
in addressing the impact of this proposed development on Parks and Recreation facilities.
(proffered Condition 16)
Chester Linear Park is located east of the property, across Womack Road. The applicant has
agreed to prOvide pedestrian access from the property to-this public park site. (proffered
Condition.6)
Transportation:
The property (27.6 acres) consists of 11.0 acres zoned Agricultural (A), 0.8 acre zoned
Corporate Office (0-2) and 15.8 acres zoned Residential (R-7). The applicant is requesting
rezoning of the property, to Multifamily Residential (R-MF) and has proffered a maximum
density of 216 units (proffered Condition"10). Based onapartment trip rates, develOPment
could generate approximately 1,430 average daily trips. These vehicles will be distributed
along Iron Bridge Road (Route 10). The 2002 traffic volume along this section of Route 10
was 19;776 vehicles per day. TheCapacity of this mad (Level of Service A) is acceptable, for
the volume of traffic it currently carries.
Thc Thoroughfare Plan identifies Route 10 as a major arterial with a recommended right of
way width of 120 to 200 feet. The applicant has proffered to dedicate 100 feet of right of
way, measured from the centerline of Route 10, in accordance with that Plan. (Proffered
Condition 1)
03 SN0119-JUNE 18-BOS
9
The Thoroughfare'Plan also identifies a north/south arterial ("Womack Road Extended'~),
located along the eastern boundary of the: property. This:proposed roadway extends from
Chester Road, south acrossRoute 10to the planned north/soUth .and east/west.freeWays..In
the earl. y 1980's, the County acquired from the then Seaboard CoaSt. Line Railroad a right. . of
way, approximately 100 feet in width, from Chester Road to Branders Bridge Road. The
alignment of this Thoroughfare Plan road falls within the abandOn railroad tight'of way.
Development must adhere to the Development Standards Manual in the Zoning Ordinance,.
relative to access and internal circulation (Division 5). Access to major arterials, such'as
Route 10 and Womack Road'Extended, should be controlled. DUe to the existing accesses
along this .section of Route 10 and the limited'Route 10 frontage of'the subject prOPerty
(approXimately 270 feet), direct access should not be provided from the subject property-to
Route 10 (Proffered Condition 2). Proffered Condition 2:would allow an'emergency:aCcess
to be constructed onto Route 10. Access to Route 10 fOr the property will be provided via
Womack Road. Extended,
Tl~e applicant has also proffered that direct access to Womack Road Extended will be limited
to one (1.) entrance/exit (Proffered Condition 3 ). In conjUnctionwith development ofseveral
parcels located in the northwest cOmer of the Womack Road Extended/ROute 10 interSection,
accesses were constmcted'~onto Womack Road EXtended. Womack Road Extended could
ultimately need to be a four (4) lane divided roadwaY. To provide adequate, access spacing
and planning for future crossover locations, access to Womack '.Road Extended fOr the
subject propertY should be located approximately midway '. between Route 10-and EcOff
Avenue. [
The Chester Village' Plan recommends that some of the properties, located north-of the
subject.property, would be:appropriate for multi-family residential usei If those properties are
developed for that use, access cOuld be provided through the subject property. The' applicant
has proffered that an access easement will be recorded from Womack. Road Extended;: across
the subject property to those adjacent properties. (Proffered Condition 9) . . .
The traffic impact of this development must be addressed. The applicant, has profferedto::l)
construct an additional lane of pavement along Route 10 for the entire property frontage;'2) '
reconstruct/construct' two (2)-lanes of Womack Road E~ended,to a twenty-four (24)foot
wide pavement section with eight (8) foot wide shoulders from Route 10 to the approved
access; 3) close the existing crossover on Route 10 located~ east of. the Womack Road
Extended intersection, and construct a new crossover, including.left mm lanes along both the
eastbound and westbound lanes, at the Womack Road. EXtended intersection. (Note:: the
existing Route 10 crossover currently serves commercial development on the north Side of
Route 10,. and commercial and residential development On the southside of Route t 0); If the
Virginia Department of Transportation (VDOT) does not approve the closing ofthe eXisting~
crossover and constructing the new crossover, the developer will be relieved of these
requirements and will then be required to provide adequate, left mm lanes at the existing
crossovers on Route 10 :located just east and west of the Womack Road Extended
intersection; 4) construct additional pavement along Route 10at the Womack Road EXtended
03SN0119-JUNE18-BOS
10
intersection to provide a right mm lane; 5) construct a sidewalk along Route 10 frOm the
Womack Road Extended intersection, west to the western :property-line; 6)_'cOnstruct.
additional pavement along-Womack Road Extended at the approved accessto provide left
and fight mm lanes, if warranted based on Transportation Department Standards: (proffered
Condition 4) . ~ . · _ ~ ~
The developer may need to acquire "off-site" fight of way to provide the fight mm lane'along
Route 10 at the Womack Road Extended intersection, to provide the Sidewalk alOng ;-Route
10 and to provide the mm lanes along Womack Road Extended at the apProved aCceSS:
According to Proffered Condition 4, if the.developer is unable:to acquire theright of Way for
any of thcse improvements, the developer may request the County toacquire the rightofWay ~
as a public road improvement. All costs associated with the acquisition willbe bome,by'.the '.
developer. If the County chooses not to assist with.lthe right of way.acquisition; ~the ).
developer will not be obligated to acquire the "off-site" fight 'of way,'and· 'will ionlybe..:
obligated to construct road improvements within available right of way.
There are mature Bradford Pears (trees) located within the median °fRoute 10 in thisarea.
To construct the new crossoverand left mm lanes on Route 10, the.developer wi!l needto
remove many of those trees. The construction arealfor these road improvementS could be
'approximately 500 feet in length.- Proffered Condition 4 requires the devel0Perm replace
any of the existing trees in the median of Route 10 that are removed by thecoustmction of
those road improvements, and provide two (2)replacement.trees fOr every .existing treethat
is removed. Unless otherwise approved by the Transportati°n Department, the rePlacement.
trees: 1) will be installed within-the-Route 10 median, east'and/or'west of the new croSsOver
location; 2) will have a minimum three (3) inch caliper; and 3) will be from the;!istOf
approved plantings by VDOT~ Because of their new standards, VDOT may'not apprOve of
additional Bradford Pears being installed in the Route 10 median. ' -
Area roads need to be improved to-address safety and accommodate the increase in traffic
generated by this development. The applicant has proffered to contribute cash for any unitin
excess of forty-one (41) units~ in an amount consistent with theBoard of Supervisors,!policy,
towards mitigating the traffic impact of this-development: (proffered Condition 16)-- -
At time of site plan review, specific recommendations Will be prOVided regarding access to
Womack Road Extended, internal site circulation and landscapingwithinthe median of
Route 10.
03SN0119-IlINE18-BOS
11
Fiscal ImpaCts on Capital Facilities:
I. Elderly Units PER UNIT
Potential Number of New Dwelling Units 32* 1.00
Population'Increase .. . 87.04 2.721
Number of New Students
Elementary 0.00 0.00
Middle 0.00 0.00
High 0.00 0.00
TOTAL 0.00 0.00
Net Cost for Schools . 0.00' 0.00
Net Cost for Parks ' ' 22,176 693
Net Cost for Libraries 12,000 · 375
Net Cost for Fire Stations 12,832 401
Average Net Cost for Roads 131,488 4,109
Subtotal Net COst 178,496 5,578
03SN0119-JUNE18-BOS
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II. Non-Elderly Units · · PER'UNIT .' '
Potential Number of New Dwelling Units 143' 1;00
Population Increase 388.96 · ' ' .. 2.72
Number of New Students · . i~
lementa ' . .
E ry 34.32 0.24
Middle' 18:59[ ~ ·" 0.13
High . 24.3I ' . .. - :0..-17
TOTAL 77.22 · " " 0.54
Net Cost for Schools 693,121.. ' 4,847
Net Cost for Parks 99,099 · 693
Net Cost for Libraries 53,625 . . 375
Net Cost for Fire Stations 57,343...' ' : .. ' 401
Average Net Cost for Roads 587,587 . 4,109
Subtotal Net. Cost ' 1,490,77'5 ' ' - 10,425
TOTAL NET COST .. 1,669,271. .. .... .
*Based on a proffered maximum number of units,-reduCed by forty-one (41) traits allowable :on the
exiting R-7 parcel. Actual number of units, types of units and'corresponding impacts.may vary.
As noted, 'this proposed developmem would 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 $10,425 per unit for non-elderly units. In addition, staff has calculated the fiscal
impact of every new dwelling unit on roads, parks, libraries and fire stations at $5,578 Per unit..
for elderly units. The applicant has been advised that a maximum proffer of $9,000 and $4;815
per unit for non-elderly and elderly units respectively would defray the cost of the capital facilities
necessitated by this proposed developmem. Consistent with the-Board of SuperVisors' policy, and
proffers accepted from other applicants, the applicant has offered cash to assist in defraying the
cost of this proposed zoning on such capital facilities. (Proffered Condition 16)
The Commission and Board should note that While the applicant has proffered allowable adjustments
to cash proffer payments based on Board of Supervisors approved increases in the Marshall & Swirl
Building Cost Index, the proffered conditiOn prohibits such adjustments for payments made prior to
January 1, 2004; thereafter, payments are subject to adjustments consistent with proffers, accepted
from other applicants. The proffered condition prohibits any changes in payment mounts for a
period of six (6) months longer than typically accepted in other cases. Staff is not overly concerned
03 SN0119-JUNE 18.BOS
13
with this variation recognizing that projects such as the proPosed tend to apply for many, if not all of
the building permits at once, rather than over longer periods of time such as in single family
residential deVelopments.
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 maximum cash prOffer in this case.
The Planning Commission and the Board of Supervisors, through.their'consideration of this request,
may determine that there are unique circumstances relative to this case that may justify acceptance of
proffers asoffered.
LAND USE
Comprehensive' Plan:
Lies. within the boundaries of the Chester 'Village Plan which suggests the property is
appropriate for mixed use:' corporate office and multi, familY residential and for single family:
residential use of 1-2.5 units-per acre. While the-Plan suggests that the northern part.of the
subject property should be developed for single family residential uses, an evaluation of
topographical conditions would indicate that the appropriate boundary between multi-family
and single family uses should occ~ur north ofthe request propertygenerally following a swale.
Land use transitions are best made-a physical feature changes rather than an artificial
boundary such as a parcel line. Therefore, 'staffis of the Opinion that it would be appropriate
to allow multi-family uses on the.northern part: of the property provided the total number of
units-do not exceed that which ~ Would be permitted if the property were zoned in strict
compliance with.the Plan.
Area Development Trends:
Adjacent property to the-north is'occupied by single family residences, a stock farm or is
vacant. Property to the sOuth is occupied by 'single familY residences or remalns':vacant.
Adjacent property to the east is zoned commercially and residentially and has been develOped
for commercial and residential uses or remains vacant; Adjacent property to the west is
zoned agriculturally and is vacant. The Plan anticipates a mix of residential and office -
develOpment continuing on surrounding properties in the future. As previously noted, while
the Plan suggests that adjacent property to'the north is-appropriate for single :family
residential uses, due to topographical conditions, it would be appropriate in the future, to
consider allowing multi-family uses north of the subject property to a swale located tothe
north.
Zoning History: "
On September 28, 1977, the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved rezoning from Agricultural (A) to Office BUsiness (O)
on a portion of the subject prOperty fronting West Hundred Road. (Case 77S021)
03 sN0119-JUNE 18-BOS
14
Development Standards:
The development of the property will be subject to the Multi-family Residential (R, MF)
standards of the Zoning Ordinance, plus the proffered conditions. The R-MF standards
address maximum number of units on any floor of any building, setbacks,.distance between
buildings, sidewalks, emergency access, provision of recreation areas and architectural
treatment.
The applicant has agreed to submit site plans to the Planning Commission for approval. It
should be noted that the only conditions that may be evaluated at 'that time are conditions of
zoning and Ordinance requirements. (Proffered Condition 18)
Buffers and Screening:
Adjacent property' to the north is zoned Residential (R-7). Adjacent property to the west is
zoned Agricultural (A) and is Suggested by the Plan as apprOpriate for'single family
residential use. The Zoning Ordinance requires a minimum fifty (50) foot buffer along the
northern and western property boundaries of the request site where adjacent to the A and R-7
properties. A similar buffer is required adjacent to Tax ID 785-654-5817, adjacent to the
southeast and fronting on Womack Road, which is zoned.R-7 and developed for single
family residential use. At time of site plan review, the Planning Commission, may modify
these buffers under certain circumstances.
Sidewalk and Landscaping: {
As part of a pedestrian circulation system, the applicant has agreed to provide a sidewalk
along the north side of Route 1.0 from Womack Road Extended to the western property line'
(Proffered Condition 4.f). In addition, the applicant proposes to install trees along the north
side of Route 10, provided fight of way is available. (Proffered Condition 17)-
Senior Housing:
To address concerns of area property owners about the lack of an adequate inventory of
housing for the elderly in the area, the applicant plans to restrict occupancy of at least thirty-
two (32) units to housing for older persons. These units are to be clustered in an area on the
northern part of the prOperty. (Proffered Condition 11)
Architectural Treatment:
The R-MF standards suggest buildings should be designed to impart harmonious proportions
and to avoid monotonous facades or large bulky masses.. The standards suggest buildings
should possess architectural variety but enhance an overall cohesive residential character,
achieved through the creatiVe use of design elements such as. balcOnies and/or terraces,
articulation of doors and windows, sculptural or textural relief of facades, architectural
ornamentation, varied roof lines or other appurtenances such as lighting fixtures and/or
03 SN0119-JUNE 18-BOS
15
plantings. In addition, the applicant has agreed .t° an architectural style that incorporates
craftsman features generally depicted on the renderings submitted with the application.
(Proffered Condition 13)
Recreation Areas and Amenities:
The Zoning Ordinance requires the developer provide a minimum of 1.5 acres for suitable
recreational use by occupants of the development. The recreation area may include both
active and passive facilities as well as community buildings. The applicant indicates, at a
minimum the facilities provided would include a clubhouse, fitness room, swimming pool
and a playground. (Proffered' Condition 14)
In addition to other amenities as discussed herein, the applicant proposes that each dwelling
unit will .have washer and dryer hook-ups. (Proffered Condition 12)
CONCLUSIONS
While the proposed zoning on the southern part of the property and land use conforms to the Chester
Village Plan which suggests the property is appropriate for mixed use, corporate office and mUlti-
family residential, the Plan recommends single family residential use of 1 to 2.5.units per acre on.the
northem-part of the property. The land .use designations follow property boundaries rather than
physical features'such as ridges_and swales. Land use transitions are best made where physical
features proVide a boundary betweenditTering land uses. Therefore, it is staff's opinion that it would
be appropriate to allow multi-family uses on the northern part of the property as well as property to
the north provided tliat density does not exceed the 1.01 to 2.5 units per acre as suggested by the
Plan. The:number of units proposed by the application exceed that recommended by the Plan. The
Plan would suggest that 211 units would be appropriate while the applieant'desires 216 units;
The proposed zoning and land :use are representative of existing and anticipated development. In
addition, the proffered conditions address the impacts of this development on necessary capital
facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs for
roads, schools, parks, libraries and-fire stations is identified in the Public Facilities Plan, the
Thoroughfare Plan and the Capital Improvement Program and the impact of this development is
diScussed herein. The proffered conditions adequately mitigate the impact on capital facilities,
thereby insuring adequate service levels are maintained and protecting the health, safety and welfare
of County citizens.
Given these considerations,' approval, of this request is recommended, subject to the applicant
reducing the. total number of units to 211.
16
03sN0119:JUNE18-BOS
CASE HISTORY
Applicant (5/19/03):
A revision to Proffered Condition 11 was submitted.
Planning Commission Meeting (5/20/03):
The applicant did not accept staWs recommendation, bm did. aeeept:-the Pl~ng
Commission's recommendation. The applicant submitted Proffered Condition 18. Support
was present to the case, but indicated that the support should not be viewed as suppOrt for.
additional multi-family units in (:hester.
Mr. Cunningham indicated that the applicants had addressed area property ownerS~ ConCerns.
On motion of Mr. Cunningham, seconded by Mr. Stack, the CommissiOn recommended
approval of this request and acceptance of the ~rOffered conditions on pages 2 through 6:
AYES: Unanimous. ·
The Board of Supervisors, on WedneSday, June l 8, 2003, beginning at 7:00'p.m., will take under
consideration this request.
17
03SN0119-JUNE18-BOS.
03SN0119-1
03sN0119-2
Chester Apartments & TownhomeS
Chester, Virginia
Senior HoUsing
0 ~
O ~SlVOl Icl-7 _