13SN0519CASE MANAGER: Darla Orr
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January 28, 2015 BOS
River's Bend East, LLC
Bermuda Magisterial District
Various locations within Meadowville Landing Subdivision
REQUESTS:
I. Amendment of zoning (Case 04SN0197) relative to reduction of cash
proffers. Specifically Proffered Condition 3 of Case 04SN0197 would be
amended to reset the cash payment to the amount offered in 2004 without
the escalator accrued annually since that approval.
II. Amendment of a tract boundary plan in a Residential (R-12) District.
Specifically, a modification is proposed to the tract boundary plan
approved with Case 04SN0197 to expand the area where lots with a
minimum area of 12,000 square feet are permitted.
PROPOSED LAND USE:
A single-family residential subdivision, Meadowville Landing, is being developed
with a maximum of 400 dwelling units (Proffered Condition 6, Case 04SN0197).
Approximately 337 of the 400 permitted dwellings remain to be built.
The purpose of this Addendum is to provide updated information from Schools relative to
schools currently servicing the area.
Updated information on area schools' memberships and capacities is provided on the following
page.
Staff continues to recommend denial of Request I (Proffer reduction) and approval of Request II
(Tract boundary modification) as outlined in the staff report.
Providing a FIRST CHOICE community through excellence in public service
Schools:
Information on area schools' memberships and capacities is provided below:
SCHOOL MEMBERSHIP AND CAPACITY
337
Residential Yield: '
Student l~icld
Functional % of
From ~Icmlxrship,
' Au. of
School \amc (
apacih, Capaciy.
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12csidcntial 9-311-14 railcrs
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21114-I~ 21114-I~
Uccclopmcnt
Elementary: ,Elizabeth Scott 71 885 920.. 96" ~1 I 4
Middle: ',Elizabeth Davis ', 38', 1,243', 1,284', 97%' 2',
High: ',Thomas Dale ', 51', 2,239', 2,824', 79%', **'
Total ' ' 160'
ProjectcdMembershi pandCapacih Trends O~crT ime ***
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9-30-1~ 21114-I~ 9-30-1G 21114-I~ 9-30-21 2014-1a
Elementary: '',Elizabeth Scott 880 ', 96° ~~ 881 '', 96" ~~ 878 '', 95" ~~
Middle: ';Elizabeth Davis ', 1,289 ' 100% 1,343 ', 105% 1,339 ', 104%
High: '',Thomas Dale 2,213 ' 78% 2,189 '', 78% 2,225 '', 79%
NOTE: * If a school is less than 90% of capacity and has trailers, those trailers are not identified in the staff report
Student Membership is based on membership as of 09-30-14.
School Capacity is based on the 2014-15 Space Utilization Study
* * * DISCLAIMER: Please note that Projected Membership AND Functional Capacity are updated on an ANNUAL BASIS
and are based on the September 30 membership for a given year and the Space Utilization Study Report which is conducted every
year. The Space Utilization Study is a report that is conducted annually whereby Planning staff conducts a site visit of every school
in the county and the Principal reviews his or her floor plan and ident~es the use of every classroom. From that information a
report is prepared that calculates the Functional Capacity of that school. The school system needs to know how each of their
facilities is utilized for funding and space allocation purposes. Again, it is important to note that these numbers change every year.
2 13SN0519-2015JAN28-BOS-ADD
CASE MANAGER: Darla Orr
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January 28, 2015 BOS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
13SN0519
River's Bend East, LLC
Bermuda Magisterial District
Attendance Zones
Various locations within Meadowville Landing Subdivision
REQUESTS:
I. Amendment of zoning (Case 04SN0197) relative to reduction of cash
proffers. Specifically Proffered Condition 3 of Case 04SN0197 would be
amended to reset the cash payment to the amount offered in 2004 without
the escalator accrued annually since that approval.
II. Amendment of a tract boundary plan in a Residential (R-12) District.
Specifically, a modification is proposed to the tract boundary plan
approved with Case 04SN0197 to expand the area where lots with a
minimum area of 12,000 square feet are permitted.
PROPOSED LAND USE:
A single-family residential subdivision, Meadowville Landing, is being developed
with a maximum of 400 dwelling units (Proffered Condition 6, Case 04SN0197).
Approximately 337 of the 400 permitted dwellings remain to be built.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL OF REQUEST I (PROFFER REDUCTION) AND RECOMMEND
APPROVAL OF REQUEST II (TRACT BOUNDARY MODIFICATION) AND
ACCEPTANCE OF PROFFERED CONDITION 2 ON PAGE 3).
Providing a FIRST CHOICE community through excellence in public service
STAFF RECOMMENDATION
Recommend denial of Request I (Proffer reduction) for the following reason:
The proposed reduction in the cash proffer fails to address the impact on capital facilities
in accordance with the Board's policy. Consequently, should this request be approved,
the County's ability to provide adequate facilities to its citizens will be adversely
impacted.
Recommend approval of Request II (Tract boundary modification) for the following reasons:
A. While the revised tract boundary map would permit an increased number of lots
within a minimum area of 12,000 square feet, the modification would not increase
the permissible density of 400 dwelling units.
B. The proposed amended zoning would be compatible with the existing single
family residential use within the Meadowville Landing subdivision.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. CONDITIONS NOTED "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION.)
PROFFERED CONDITIONS
The Applicant in this case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as
amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors
or assigns, proffer that the property known as Chesterfield County Tax Identification Numbers
822-661-3043, 4694, 4969, 9171 & 9416; 822-662-5422, 7709, 7732 & 8838; 823-660-1465 &
2793; 823-661-0310, 0653, 1195, 2713, 2779, 3490, 5194, 7485, 7597 & 7971; 823-662-0923,
5888, 7911, 8124 & 9432; 824-661-0060, 0183,-1492 & 4626; 824-662-0210, 0424, 1480, 2105,
2538, 2663, 2686, 3717, 3991, 4065, 4955, 5678, 6468, 3957, 7345 & 8083; 824-663-2711,
4117, 6027, 7202, 7331 & 8408; 825-660-9979; 825-661-6811; 825-662-6584, 7258, 7891 &
9097; 825-663-0139, 1214 & 7439; 826-661-8420; 826-662-0976, 2377, 3575, 4772, 5664, 5899
& 6770; & 826-663-0301, 1603, 3002 & 4301 ("the Property") under consideration will be
developed according to the following proffered conditions if, and only if, the request submitted
herewith is granted with only those conditions agreed to by the Applicant. In the event this
request is denied or approved with conditions not agreed to by the owner and Applicant, the
proffer shall immediately be null and void and of no further force or effect.
The Applicant hereby amends Proffered Condition #3 of Zoning Case 04SN0197 as follows.
For each dwelling unit, the applicant, sub-divider, or assignee(s) shall pay
the following to the County of Chesterfield, prior to the issuance of a
building permit for infrastructure improvements within the service district
for the property, unless state law prevents enforcement of that timing:
13SN0519-2015JAN28-BOS-RPT
a) $9,000 per dwelling unit, where $4,184 shall go to school
infrastructure, $598 shall go to park infrastructure, $325 shall go to
library infrastructure, $3,547 shall go to road infrastructure, and
$346 shall go to fire infrastructure, for the period beginning the
July 1 preceding the Board of Supervisors' approval of the case
through Julyl four years later, at which point the amount will be
adjusted for the cumulative change in the Marshall and Swift
Building Cost Index during that time period.
b) 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.
c) Cash proffer payments shall be spent for the purposes proffered or
as otherwise permitted by law. (B)
The Applicant hereby offers the following additional proffered condition applicable to Tax ID
824-661-4626:
(STAFF/CPC) 2. Exhibit A prepared by Townes and dated September 23, 2014 shall
be the exhibit referenced in proffered conditions of Case
04 SN0197. (P)
GENERAL INFORMATION
Location:
The request property is located north of Meadowville Road and at various locations within the
Meadowville Landing Subdivision. Tax IDs 822-661-3043, 4694, 4969, 5346, 9039, 9171 and
9416; 822-662-5422, 7709, 7732 and 8838; 823-660-1465 and 2793; 823-661-0132, 0310, 0653,
1195, 2713, 2779, 3490, 5194, 7485, 7597 and 7971; 823-662-0923, 5888, 7911, 8124 and 9432;
824-661-0060, 0183, 1365, 1492, 3482, 4392 and Part of 4626; 824-662-0210, 0424, 1480, 2105,
2538, 2663, 2686, 3717, 3991, 4065, 4955, 5678, 6468, 6957, 7345 and 8086; 824-663-2711,
4117, 6027, 7202, 7331 and 8408; 825-660-9979; 825-661-6811; 825-662-6584, 7258, 7891 and
9097; 825-663-0139, 1214 and 7439; 826-661-8420; 826-662-0976, 2377, 3575, 4772, 5664,
5899 and 6770; and 826-663-0301, 1603, 3002 and 4301.
Existing Zoning:
R-12
Size:
221.8 acres
13SN0519-2015JAN28-BOS-RPT
Existing Land Use:
Single-family residential or vacant
Adjacent Zoning and Land Use:
North and East - R-12, R-25 and James River; Single-family residential or vacant
South - G5, I-2, R-12, R-25 and A; Single-family residential or vacant
West - R-12 and I-2; Single-family residential or vacant
UTILITIES AND ENVIRONMENTAL ENGINEERING
This request will not impact these facilities.
PUBLIC FACILITIES
The need for schools, parks, libraries, fire stations, and transportation facilities in this area is
identified in the County's adopted Public Facilities Plan, Thoroughfare Plan and Capital
Improvement Program and further detailed by specific departments in the applicable sections of
this request analysis.
Fire Service:
The Public Facilities Plan as part of the Comprehensive Plan indicates that fire and
emergency medical service (EMS) calls increased by forty-four (44) percent from 2001 to
2011, significantly faster than the County's population increase of seventeen (17)
percent. Of the total incidents in 2011, nearly seventy-six (76) percent were medical
emergencies and twenty-four (24) percent were fire-related. It is expected with the
general aging of the population that medical emergency incidents will increase faster than
the rate of population growth over time. Five (5) new fire/rescue stations are
recommended for construction by 2022 in the Plan. In addition to the five (5) new
stations, the Plan also recommends the replacement/revitalization of four (4) existing
stations.
Based on the remaining 337 dwelling units to be built, this request will generate
approximately seventy-three (73) calls for fire and emergency medical service (EMS)
each year. The applicant has not offered measures to assist in addressing the impact on
fire and EMS. .
The Rivers Bend Fire Station, Company Number 18, currently provides fire protection
and emergency medical service (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.
4 13SN0519-2015JAN28-BOS-RPT
C ch nnl c
High performing high quality public schools contribute to the quality of life and
economic vitality of the County. The Comprehensive Plan suggests a greater focus
should be placed on linking schools with communities by providing greater access,
flexible designs and locations that better meet the needs of the communities which they
serve.
The Public Facilities Plan, an element of the Comprehensive Plan, identifies countywide
school facility needs. Specifically, the Plan identifies the need: to revitalize or replace
sixteen (16) elementary schools and construct three (3) new elementary schools; to
revitalize or replace six (6) middle schools and construct two (2) new middle schools; to
revitalize or replace two (2) high schools and construct three (3) new high schools; and to
construct one (1) additional technical center.
There is no change to the total number of dwelling units proposed. The existing zoning
permits a maximum of 400 units. There are approximately 337 remaining units to be
developed. After review of this request, the proposed amended rezoning case will
continue to have a significant impact on school facilities. 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 beyond. Additionally, the
financial impact of residential development on school facilities is addressed in the
"Financial Impact on Capital Facilities" section below. The aforementioned units should
be subject to full cash proffers, to assist in mitigating the impact this development would
have on schools. The applicant has not offered measures to assist in addressing the
impact of the proposed development on school facilities.
The chart on the next page offers information on schools' memberships and capacities.
Staff continues to monitor student membership on a regular basis in these areas and
membership projections are analyzed and updated annually. School boundary
adjustments may be made to address over capacity levels.
5 13SN0519-2015JAN28-BOS-RPT
SCHOOL MEMBERSHIP AND CAPACITY
Residential Yield:' 337
Student 1 icld
Drum ylcmlxrship,
School Name
Residential ')-30-13
Uccclupmcnt
Elementary: ',Elizabeth Scott ', 71', 892'
Middle: ', Elizabeth Davis ', 38', 1,189',
High: ',Thomas Dale ', 51', 2,271'..
Total ', ', 160', ',
Functional % of
('apacih, ('apacih.
21113-14 21113-14
907', 98" ., I 4
1,284'', 93%' 2
2,824'', 80%' **
\u. of
trailers '
Projected Membership and Capacity Trends Over Time
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9-30-14 2013-14 J-30-I~ 2013-14 9-30-20 2013-14
Elementary: 17iiabeth Scott 9?7 102° ~~ 96 I 106% 980 108%
Middle: ;Elizabeth Davis 1,213 94% 1,244 97% 1,331 104%
High: '',Thomas Dale 2,220 ' 79% 2,180 '', 77% 2,199 '', 78%
NOTE: If a school is less than 90% of capacity and has trailers, those trailers are not identified in the staff report.
Student Membership is based on membership as of 09-30-13.
School Capacity is based on the 2013-14 Space Utilization Study
* * * DISCLAIMER: Please note that Projected Membership AND Functional Capacity are updated on an ANNUAL BASIS
and are based on the September 30 membership for a given year and the Space Utilization Study Report which is conducted every
year. The Space Utilization Study is a report that is conducted annually whereby Planning staff conducts a site visit of every school
in the county and the Principal reviews his or her floor plan and ident~es the use of every classroom. From that information a
report is prepared that calculates the Functional Capacity of that school. The school system needs to know how each of their
facilities is utilized for funding and space allocation purposes. Again, it is important to note that these numbers change every year.
Libraries:
The Public Facilities Plan, an element of the Comprehensive Plan, recognizes that the
public library system's role in the county has expanded beyond its traditional function as
a resource for information and materials, and now serves as a community gathering place
for educational, cultural and information services; community support during emergency
events; economic development; and revitalization activities. The Plan identifies
countywide school facility needs. Specifically, the Plan identifies the need to: expand or
replace five (5) existing libraries; construct five (5) new libraries; and construct a
community arts center.
13SN0519-2015JAN28-BOS-RPT
More locally, the proposed development would most likely impact the existing Enon
Library. The Public Facilities Plan identifies a need to expand/replace the existing 4,100
square foot Enon facility with a 20,000 square foot facility to address demand issues
related to anticipated population increases in this area of the County. With this request,
the applicant is not offering measures to address the impact of this development on
library facilities in accordance with the Board's policy.
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 Public Facilities Plan identifies the need for a linear park in this area (lower James
River Linear Park). Parks and Recreation remains open. The proposal fails to address the
impact of this development on Parks facilities in accordance with the Board's policy.
County Department of Transportation:
The traffic impact of this development must be addressed. Area roads need to be
improved to address safety and accommodate the increase in traffic generated by this
development. Traffic generated by this development will travel along North Enon Church
Road, sections of which have little or no shoulders, fixed objects adjacent to the edge of
pavement, and poor vertical and horizontal alignments. The applicant has failed to
adequately mitigate the traffic impact of this request on area roads; therefore, the
Transportation Department cannot support this request.
Virginia Department of Transportation (VDOT~:
No comment.
7 13SN0519-2015JAN28-BOS-RPT
Financial Impact on Capital Facilities:
Per Dwelling
Unit
Potential Number of New Dwelling Units 337* 1.00
Population Increase 936.86 2.78
Number of New Students
Elementary 70.63 0.21
Middle 37.83 0.11
High 51.18 0.15
Total 159.64 0.47
Net Cost For Schools $ 3,159,712 $ 9,376
Net Cost for Parks $ 447,199 $ 1,327
Net Cost for Libraries $ 114,580 $ 340
Net Cost For Fire Stations $ 264,882 $ 786
Average Net Cost Roads $ 3,178,584 $ 9,432
Total Net Cost $ 7,164,957 $ 21,261
*Based on the number of dwelling units remaining to be built. The actual number of dwelling
units and corresponding impact may vary.
The original zoning case (04SN0197) was approved in March 2004 with a density of 400 units
and with the maximum cash proffer at the time of $9,000 per dwelling units (currently escalated
by the Marshall and Swift Building Cost Index to $14,840 per unit). The case also included an
option for senior housing, which eliminated the schools portion, with a cash proffer of $4,815
(currently escalated by the Marshall and Swift Building Cost Index to $7,938 per unit).
The applicant is requesting to reduce the cash proffer back to its original amount of $9,000,
where $4,184 shall go to school infrastructure, $598 shall go to park infrastructure, $325 shall go
to library infrastructure, $3,547 shall go to road infrastructure, and $346 shall go to fire
infrastructure. Staff has calculated the fiscal impact of every new dwelling unit on schools,
parks, libraries, fire stations and roads as $21,261 per unit. The applicant has been advised that a
maximum proffer of $18,966 per unit would help defray the cost of the capital facilities
necessitated by this proposed development.
The current Cash Proffer Policy allows the County to assess the impact of all dwelling units in
previously approved zoning cases that come back before the Planning Commission and Board of
Supervisors using the calculated capital facility costs in effect at the time the case is
reconsidered. It is appropriate to accept the maximum cash proffer of $18,966 for each dwelling
unit, including senior housing units.
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.
Staff recommends the applicant fully address the impact of all units on capital facilities.
8 13SN0519-2015JAN28-BOS-RPT
The Planning Commission and the Board of Supervisors, through their consideration of this
request, may determine that there are unique circumstances relative to this request that may
justify acceptance of less than the maximum cash proffer for this case.
LAND USE
Comprehensive Plan:
The Comprehensive Plan suggests the property is appropriate for both low density
residential use (maximum of 1.0 dwelling per acre) and medium to high density
residential use (minimum of 4.0 to 8.0 dwellings per acres) on the south-eastern portion
of the property. The Plan also identifies a water front opportunity site on the subject
property along the James River. Water front opportunity sites are identified where an
opportunity for alternative land uses such as integrated mixed use developments with
various types of residential and commercial uses would be appropriate to capitalize on
the waterfront and amenities.
Area Development Trends:
Surrounding properties to the north and east are zoned Residential (R-12) and Residential
(R-25) and are occupied by single-family residential use within the Meadowville Landing
and Riverview Estates Subdivisions or are vacant. Properties to the south are zoned
Residential (R-12), Residential (R-25), Agricultural (A) and General Business (C-5) and
are occupied by single-family residential use within the Meadowville Landing and
Riverview Estates Subdivisions or are vacant. Properties to the west are zoned
Residential (R-12) and General Industrial (I-2) and are occupied by single-family
residential use within the Meadowville Landing Subdivision or are vacant. These I-2
properties are part of the Meadowville Industrial Park. It is anticipated that a mix of
residential, commercial and industrial uses will continue in the area, as suggested by the
Plan.
Zoning HistorX:
On March 10, 2004 the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved rezoning of a 348 acre tract (of which the request
property is a part) to Residential (R-12) with Conditional Use Planned Development to
permit recreational and limited commercial uses (Case 04SN0197). Asingle-family
residential development limited to 400 dwelling units was planned. The property is being
developed as the Meadowville Landing Subdivision.
On July 26, 2006 the Board of Supervisors, upon a favorable recommendation by the
Planning Commission and staff, approved Conditional Use to permit a wastewater pump
station to serve a portion of residential development in the Meadowville Landing
Subdivision, Phase II. (Case 06SN0294)
9 13SN0519-2015JAN28-BOS-RPT
Current Proposal:
Approximately 337 of the approved 400 dwelling units are remaining to be built.
Proffered Conditions 4 and 5 of Case 04SN0197 established minimum lot sizes within
the development that were greater (15,000 square feet in Tract 1 and 25,000 square feet
in Tract 2) than the minimum 12,000 square foot of lot area permitted in the Residential
(R-12) Zoning District. The lots that were planned to contain a minimum area of 12,000
square feet were in Tract 3. Exhibit A approved with Case 04SN0197 and attached to
this report as Attachment 2 identified the location of those three (3) tracts. With this
request, the applicant proposes to increase the area of Tract 3 to permit more lots with a
minimum area of 12,000 square feet and decrease the area of Tract 2 to permit a fewer
number of lots with a minimum area of 25,000 square feet. The new tract boundary map
identifies the modified tract boundaries. (Attachment 1)
Architectural Treatment:
No minimum architectural standards are proffered with the zoning for this development.
CONCLUSION
The development will have an impact 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 proposal
fails to address the development's impact on capital facilities in accordance with the Board's
Cash Proffer Policy. Consequently, the County's ability to provide adequate facilities to its
citizens will be adversely impacted. Therefore, denial of Request I (Proffer reduction) is
recommended.
With the approval of this request, the maximum number of dwellings would not increase above
the permitted 400 units. While the revised tract boundary map would permit an increased
number of lots within a minimum area of 12,000 square feet, the modification would not increase
the permissible density of 400 dwelling units. In addition, the proposed amended zoning would
be compatible with the existing single family residential use within the Meadowville Landing
subdivision. Given these considerations, approval of Request II (tract boundary modification) is
recommended.
CASE HISTORY
Planning Commission Meeting (7/17/13):
On their own motion and with the applicant's consent, the Commission deferred this case
to their September 17, 2013 public hearing.
10 13SN0519-2015JAN28-BOS-RPT
Staff (7/17/13):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than July 22, 2013 for consideration at the Commission's
September 17, 2013 public hearing.
Applicant (8/1/13):
Proffered conditions were submitted.
Applicant (8/23/13):
The applicant requested this case be deferred to the Commission's January 21, 2014
public hearing.
Planning Commission Meeting (9/17/13):
At the request of the applicant, the Commission deferred this case to January 21, 2014.
Staff (9/17/13):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than November 8, 2013 for consideration at the
Commission's January 21, 2014 public hearing.
The applicant was also advised that a $1,000.00 deferral fee must be paid prior to the
Commission's public hearing.
Staff (12/20/13):
To date, no new information has been received. The deferral fee has not been paid.
Planning Commission Meeting (1/21/14):
The Planning Commission Meeting scheduled for January 21, 2014 was rescheduled to
January 23, 2014 due to inclement weather
11 13SN0519-2015JAN28-BOS-RPT
Applicant (1/23/14):
The deferral fee was paid.
Planning Commission Meeting (1/23/14):
On their own motion and with the applicant's consent, the Commission deferred this case
to their March 18, 2014 public hearing.
AYES: Messrs. Wallin, Patton, Brown and Waller.
ABSENT: Mr. Gulley.
Staff (1/24/14):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than January 27, 2014 for consideration at the Commission's
March 18, 2014 public hearing.
Applicant (2/12/14):
The application was amended to include additional property.
Planning Commission Meeting (3/18/14):
At the request of the applicant, the Commission deferred this case to July 15, 2014.
Staff (3/19/14):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than May 5, 2014 for consideration at the Commission's
July 15, 2014 public hearing.
The applicant was also advised that a $1,000.00 deferral fee must be paid prior to the
Commission's public hearing.
Planning Commission (5/22/14):
Due to the planned renovations to the public meeting room, the Commission rescheduled
their July 15, 2014 public hearing to July 22, 2014.
12 13SN0519-2015JAN28-BOS-RPT
Staff (6/30/14):
To date, no new information has been received. The deferral fee has not been paid.
Planning Commission Meeting (7/22/14):
On their own motion and with the applicant's consent, the Commission deferred this case
to their September 16, 2014 public hearing.
Staff (7/23/14):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than July 28, 2014 for consideration at the Commission's
September 16, 2014 public hearing.
Applicant (9/3/14 and 9/5/14):
Revised proffered conditions were submitted. The applicant set up a meeting with staff
to discuss plans to modify the application.
Applicant (9/16/14):
The deferral fee was paid.
Planning Commission Meeting (9/16/14):
At the request of the applicant, the Commission deferred this case to November 18, 2014
Staff (9/17/14):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than September 22, 2014 for consideration at the
Commission's November 18, 2014 public hearing.
The applicant was also advised that a $1,000.00 deferral fee must be paid prior to the
Commission's public hearing.
13 13SN0519-2015JAN28-BOS-RPT
Applicant (10/2, 10/15, 10/30 & 11/10/14):
Revised proffered conditions and Exhibit A were submitted.
Staff (11/10/14):
To date, the deferral fee has not been paid.
Applicant (11/18/14):
The deferral fee was paid.
Planning Commission Meeting (11/18/14):
On their own motion, the Commission deferred this case to their December 16, 2014
public hearing.
Staff (11/19/14):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than November 24, 2014 for consideration at the
Commission's December 16, 2014 public hearing.
Staff (11/24/14):
To date no new or revised information has been received.
Planning Commission Meeting (12/16/14):
The applicant offered sales and assessment information for properties within the
Meadowville Landing subdivision, noting the impact on property values as development
has occurred in the technology park. He added that the quality he promised relative to
housing and amenities was delivered, but that the County had not made road
improvements to handle increased traffic; that area schools are not over capacity; that
Bermuda residents support the case; and that the County should be required to address
road issues resulting from the development of the technology park.
Citizens spoke in opposition to Request I (proffer reduction) stating that reducing cash
proffers is not fair to other county taxpayers; that the county should not subsidize
developers because of a market change; that the escalator should continue to be included
14 13SN0519-2015JAN28-BOS-RPT
in the proffer payment so the current value of the amount originally proffered is realized,
not a loss because the costs to provide public infrastructure have also increased since the
zoning was approved. Citizens added that housing values in Chesterfield are greater than
Henrico; and that a reduction should not be considered given area transportation needs.
Mr. Patton confirmed traffic concerns in the Bermuda District and that meetings are
scheduled to discuss solutions to the various concerns. He agreed that the market has
changed, and feels like the modification in tract boundaries to permit an increased
number of smaller lots was being proposed by the developer to align the development
with the current market.
Mr. Waller commented on the stability of values for waterfront lots and that fairness of
assessments is not a land use issue. He noted that the escalated cash proffer for this case
($14,840) is less than the Board's current maximum acceptable cash proffer and agreed
that the County needs to address the traffic issues in the area.
In response to a question from Mr. Patton, the applicant affirmed that, if Request II (tract
boundary modification) was approved without approval of Request I (proffer reduction)
and acceptance of Proffered Condition 1, Proffered Condition 2 relative to the tract
boundary map was still proffered with the case.
On motion of Mr. Patton, seconded by Mr. Waller, the Commission recommended denial
of Request I (proffer reduction) and did not accept Proffered Condition 1 and
recommended approval of Request II (tract boundary modification) and acceptance of
Proffered Condition 2.
AYES: Messrs. Wallin, Patton, Brown, Gulley and Waller
The Board of Supervisors, on Wednesday, January 28, 2015 beginning at 6:30 p.m., will take
under consideration this request.
15 13SN0519-2015JAN28-BOS-RPT
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Attachment 2
I Attachment 3 I
(v} any carry-out or fast food restaurant
shall not be freestanding;
(viJ the restaurant shall not be open to the
public between the hours of 11:00 p.m.
and 6:30 a.m. (PJ
(Note: This Proffered Condition supercedes Proffered
Condition 8 of Case OOSN0188 for the subject property
only. All other proffered conditions of Case OOSN0188
remain applicable.)
2. The total area of commercial uses, as permitted by
Proffered Condition 1, shall not exceed 27,000
grass square feet, and no building shall exceed
15,000 gross square feet. (P)
(Note: This Proffered Condition supercedes Proffered
Condition 9 of Case OOSN0188 for the subject property
only. All other proffered conditions of Case OOSN0188
remain applicable.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
045130197
In Bermuda Magisterial District, RIVER'S BEND EAST, LLC
requests rezoning and amendment of zoning district map from
Agricultural {A} and General Industrial (I-2) to Residential
(R-12} with Conditional [3se Planned Development to permit
recreation and limited commercial uses. Residential use of
up to 3.63 units per acre is permitted. in a Residential (R-
12) District. The Comprehensive Plan suggests the property
is appropriate for light industrial and residential use of
1.5 units per acre ar less. This request lies on 347.$ acres
fronting approximately 7,700 feet on the south line of James
River, also fronting approximately 1,700 feet on the north
line of Meadowville Road at North Enon Church Road. Tax IDs
822-661-Part of 2045; 825-6b0-9979; 825-661-6811; 826-661-
8420 and 827-562-22$5 (Sheets 27 and 28J.
Mr. Jacobson presented a summary of Case 04SN0197 and stated
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. He noted the request
conforms to the Consolidated Eastern Area Plan.
Mr. Oliver "Skitch" Rudy, representing the applicant, stated
the recommendation is acceptable.
Mr. Miller called for public comment_
No one came forward to speak to the request.
On motion of Mr. King, seconded by Mr. Warren, the Board
approved Case 04SN0197 and accepted the following proffered
conditions:
The Owners-Applicants in this zoning case, pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended)
and the Zoning Ordinance of Chesterfield County, far
themselves and their successors or assigns, proffer that the
development of the properties known as Chesterfield County
Tax In Numbers 822-661-2045-00000, 825-661-6811-00004, 826-
04-228
03/10104
661-8420--00000 and 825-660-9979-OODDO and 827-662-2285-
OOOOD{the "Property"} under consideration will be developed
according to the following conditions if, and only if, the
xezoning requests for R-12 with Conditional Use Plan
i7evelopment as set forth in the above heading and the
application filed herein is granted. In the event the
request is denied or approved with car~.ditions not agreed to
by the Owners-Applicants, these proffers and conditions shall
be immediately null and void and of no further force or
effect.
1. Timbering. Except for the 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 fx'orn the
Environmental Engineering Department and the
approved devices have been installed. (EE)
2. The public water and wastewater systems shall be
used. {U)
The applicant, subdivider, or assignee(s) shall pay
the following to the County of Chesterfield prior
to the issuance of each building permit for
infrastructure improvements within the sex'vice
district for the property.
A. The amount approved by the Board of
Supervisors not to exceed $9040.OD per
dwelling unit adjusted upward by any increase
in the Marshall Swift Building cost index
between July 1, 2003, and July 1 of the fiscal
year in which the payment is made if paid
after June 30, 2003.
B. Provided however that if any building permits
issued on the property are for senior housing,
the units of which meet the occupancy
requirements for age "55 ar over` housing as
set forth in Section 360'7 of the Fair Housing
Act, 42 USC Section 3601 et seq., as amended
by the Fair Housing Amendments Act of 1988,
and of 24 CFR Section 7.00.304 in effect as of
the date of the Rezoning, and which axe
subject to the occupancy requirements that nn
person under 19 shall reside in such unit, the
amount approved by the Board of Supervisors,
but not to exceed $4,815 per dwelling unit as
adjusted upward by any increase in the
Marshall and Swift Building Costs Index
between July 1, 2D03, and July 1 of the fiscal
year in which the payment is made if paid
after June 30, 2003. At the time of payment,
the $4,815 will be allocated pro-rata among
the facility costs as follows: $598 for parks
and recreation, $325 for library facilities;
$3547 for roads, and $346 for fire stations.
Payments iii excess of $4615 shall be prorated
as set forth above.
C. Provided further, the cash proffer payment far
the initiaa 130 units shall be reduced by the
transportation component ($3,547 as adjusted
in Proffered Condition 3.A.) for the
improvements described in Proffered Condition
S.c.i. and performed by the Developer,
04-229
03/10/04
subdivider or assignee. After 130 units or if
the Developer, subdivider or assignee does not
construct the improvements described in
Proffered Condition 8.c.i. as determined by
the Transportation Department, the Developer,
subdivider ar assignee shall commence paying
cash proffers in accordance with Proffered
Conditions 3.A. and B.
D. If any of the Cash proffers are not expended
for the purpose designated by the Improvements
Program within fifteen {15) years from the
date of payment, they shall be returned in
full to the payor. Should Chesterfield County
impose impact fees at any time during the life
of the development that are applicable to the
Property, the amount paid in cash proffers
shall be in lieu of or credited toward, but
not be in addition to, any impact fees, in a
manner determined by the County. {B&M, T)
4. Residential (R-25)
All lots in Tract 2 as shown on Exhibit "A" shall
have a minimum lot area of 25,DD0 square feet. {P)
5. Residential (R-15)
A11 lots in Tract 1 as shown on Exhibit "A" shall
have a minimum lot area of 15,DD0 square feet. (P)
5. Density. The total number of single family
residential units allowed on the Property shall not
exceed 40D units. (P}
7. Recreation/Commercial Areas. At the election of the
developer, active and passive recreation areas may
be provided. These areas shall be limited to a
maximum cumulative total of twenty-five {25) acres.
{A} Within the area designated as proposed
recreation site and future river features on
Exhibit "A", the Applicant may provide marina
facilities, including a restaurant, ramps,
boat storage, convenience sales not limited
to the sale of gasoline and other products
relating to marine activity. Such development
shall conform to Emerging Growth District
Standards for C-2 Districts.
(S} Within the area designated proposed clubhouse
site the following uses shall be permitted:
(1) Indoor and outdoor recreational uses
subject to the following:
a) a fifty {50) foot buffer shall be
provided along the perimeter of all
active recreational facilities,
except where adjacent to any
existing or proposed road or
waterfront.
b) Outdoor playfields, courts, swimming
pools and similar active
recreational areas shall be set back
04-230
03/10/04
a minimum of 100 feet from any
proposed or existing single family
residential lot line and a minimum
of fifty (50) feet from any existing
or proposed public road. Nothing
herein shall prevent the development
of any indoor facilities and/or
parking within the 100 foot setback.
(2) Restaurant_ Such development shall
Confirm to Emerging Growth District
Standards for C-2 Districts.
(C) Indoor and outdoor recreational uses are
permitted within all tracts subject to the
restrictions outlined in (b) (1). (P)
To provide an adequate roadway system, the
developer shall be responsible for the following
improvements:
(a} Widening/improving on the north side of
Meadowville Road west of North Enon Church
Road to provide an eleven {11} foot wide
travel lane, measured from the centerline of
the road, with an additional one (1) foot wide
paved shoulder and a seven (7) foot wide
unpaved shoulder, with modifications approved
by the Transportation Department, for the
entire property frontage.
(b) Construction of additional pavement along
Meadowvilie Road west of North Enon Church
Road at each approved access to provide left
and right turn lanes, if warranted, based on
Transportation Department Standards.
(c) (i} Construction of a new relocated
Meadowville Road, to include a twenty-
four (24) foot wide pavement section and
six (6} foot widE shoulders with
modifications approved by the
Transportation Department, from
approximately 3,500 feet east of I-295 to
the southern boundary of the property (a
distance of approximately 2,000 feet}.
The exact length and alignment of these
improvements shall be approved by the
Transportation Department.
QR
(ii) Reconstruction of existing Meadowville
Road to provide two f2} eleven (11} foot
wide travel lanes with additional one (1)
foot wide paved shoulders and give (5)
foot wide unpaved shoulders, with
modifications approved by the
Transportation Department, from
approximately 0.8 mile east of I-295 to
the southern boundary of the property (a
distance of approximately 1,200 feet}.
The exact length of this improvement
shall be approved by the Transportation
Department.
04-231
03/10/OA
r
,r--
(d) Dedication to and for the benefit of
Chesterfield County, free and unrestricted, of
any additional right-af-way {or easement)
required far the improvements identified
above. (T)
9. Prior to any construction plan approval, a phasing
plan of the required road improvements identified
in Proffered Condition 8 shall be submitted to and
approved by the Transportation Department. The
approved phasing plan shall require that the road
improvements outlined in Proffered Condition 8.c.
to be completed as determined by the Transportation
Department prior to the recordation, of more than a
cumulative total of fifty (50} lots or one (1} year
from the date of recordation of the initial
subdivision plat, whichever occurs first. (T)
1D. Direct access from the property to ~+~Ieadowville Road
west of Enon Church Road shall be limited to three
(3) public roads. The exact location of these
accesses shall be approved by the Transportation
Department. (T)
11. In conjunction with recordation of the initial.
subdivision plat, thirty--five (35) feet of right-
of-way along the north side of Meadowville Road
west of A7orth Enon Church Road, measured from the
centerline of that part of Meadowville Road
immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the
benefit of Chesterfield County. {T)
12. A 1D0 foot buffer shall be provided along western
boundary as shown on Exhibit A. This buffer shall
be located in common open space and shall comply
with the requirements of the Zoning Qrdinance for
100 foot buffers, Sections 19-52D, 19-521(a}
through {g) and 19-522. (P}
13. Subdivision plats shall include notes informing
future property owners within the development of
anticipated industrial development in the area.
(P)
14. A Tree save Area shall be established which shall
extend along the steep slopes of the James River
and 10' back from the crest of the hill. It is the
intent of this proffer to: (1) protect the overall
forest canopy along the steep slopes, by
prohibiting, subject to the below conditions, the
removal of trees on said steep slopes; (2} allow
the removal of trees below the steep slopes at the
discretion of the developer, his heirs, successors
and assigns; (3) allow, even within the tree
protection zone, (a) the removal of trees andlor
brush being less than 6 inches in diameter, (b) the
removal of dead and/or diseased trees or diseased
limbs of trees; and/or (c] the removal of limbs of
trees in the tree protection zone ("limbing up") in
order to provide for scenic vistas from home sites
located within the development located along the
banks of the ~7ames River. The exact location of
all tree save area shall be established at the time
of tentative subdivision review.
U4-232
03/i0/04
It is the further intent of this proffer to protect
the forest canopy on the steep slopes of the James
River as it meanders by the development so as to
preserve its view from the river, but allow the
developer, its heirs andlor successors and/or
assigns to remove and trim trees in order to
provide scenic view of the river from the lots to
be developed and sold along the river bank. (P1
15. Areas Along Raa[is. A fifty (50) foot area north of
Meadowville Road as required by Section 17-70 of
the Subdivision Ordinance shall be maintained by
the homeowners association. (P)
AYES: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN019G
Tn Matoaca Magisterial District, THE `I`REHOUR FAMILY - LIMITED
PARTNERSHIP .requests Conditional Use Planned Development and
amendment of zoning district map to permit body, major engine
and transmission repair of motor vehicles and exceptions to
Ordinance requirements for signs plus amendment to Case
95S1V0197 relative to architectural standards. The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate far light commercial use. This
request lies in a Regional Business (C-4) District on 16
acres fronting approximately 1,400 feet on the south line of
Hull Street Road, also fronting approximately 1,200 feet on
the west line of Lonas Parkway and located in the southwest
quadrant of the intersection of these roads. Tax IDs 736-
679-fi168, 7262, 8553 and 9Q75; and 737-579-Part of 084$ and
Part of 9051 (Sheet 15}.
Ms. Beverly Rogers presented a summary of Case 04SN0196 and
stated staff and the Planning Commission recommended approval
to permit body, major engine and transmission repair and the
amendment relative to architectural standards because the
proposed land use is representative of, and compatible with,
existing and anticipated area development and existing
development standards and proposed conditions further ensure
land use compatibility. She further stated staff recommended
denial of the request for sign exceptions, indicating that
current sign standards provide adequate identification for
uses on the property. She stated tyke Planning Commission
recommends approval of t:he sign exceptions, indicating that
the proposed sine and height is consistent with that of a
freestanding sign for an automobile dealership.
Mx. Andy Scherzer, representing the applicant, stated the
Planning Commission's recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved Case 04SN0196 subject to the following condition:
04-233
03/10/04