13SN0521
CASE NUMBER: 13SN0521 (AMENDED)
APPLICANT: Lake Margaret, LLC
CHESTERFIELD COUNTY, VIRGINIA
Magisterial District: MATOACA
STAFF’S ANALYSIS
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
MAY 27, 2015
BOS Time Remaining:
365 DAYS
Applicant’s Agent:
Kristen Keatley
(804-748-3600)
Applicant’s Contact:
George P. Emerson, Jr.
(804-530-4614)
Planning Department Case Manager:
Darla Orr (804-717-6533)
APPLICANT’S REQUESTS
REQUEST I: (Amended) Rezoning from Residential (R-88) to Residential (R-25) plus conditional
use planned development to permit exceptions to ordinance requirements. Specifically,
exceptions are requested relative to uses, setbacks, curb and gutter, parking and buffers.
REQUEST II: Exception to street access requirements to permit more than fifty (50) lots off of
one (1) access to a public road. Specifically, the applicant is requesting approval to permit a
maximum of sixty-two (62) lots off of one (1) access.
A single-family residential subdivision with a maximum of 121 dwelling units, yielding
approximately 0.57 unitper acre, is planned. Proffered conditions would limit occupancy of a
minimum of approximately fifty-six (56) dwellings to “housing for older persons.” Such
occupancy limitation is optional for the remainder of the dwelling units, excluding the one (1) lot
in Area C. (Proffered Condition 4 and Exhibit A)
(NOTES: A. Conditions may be imposed or the property owner may proffer conditions
B. Proffered Conditions, Textual Statement and Exhibit A are located in Attachments 1 -3)
Providing a FIRST CHOICE community through excellence in public service
RECOMMENDATION
RECOMMEND APPROVAL OF REQUEST I (Rezoning)
Complies with Comprehensive Plan
Appropriate to approve reduction in cash proffers for age
PLANNING
restricted units
COMMISSION
(4/21/15)
RECOMMEND APPROVAL OF REQUEST II (Street Access)
As conditioned, completion of road would occur prior to
st
issuance of 51building permit
RECOMMEND DENIAL OF REQUEST I (Rezoning)
Fails to address development impacts
RECOMMEND DENIAL OF REQUEST II (Street Access)
STAFF
No justification offered to verify whether exception meets
Ordinance criteria for granting acceptance
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SUMMARY OF IDENTIFIED ISSUES
Department Issue
Request I (Rezoning)
Typically accepted design standards for a focal point and street
trees have not been offered
Sidewalks are not offered within Area B
Request II (Street Access)
PLANNING
No justification offered to support requested exception
Restriction should apply to record plat, not building permit
issuance – as proposed an individual could purchase a recorded
lot but be unable to obtain a building permit until the second
public road access is constructed by the developer
For age restricted dwellings, fails to address the development’s
BUDGET AND impact in accordance with Board’s Cash Proffer Policy
MANAGEMENT
Deviation from current cash proffer policy regarding escalation of
the Marshall and Swift Building Cost Index
FIRE
PARKS AND
RECREATION
LIBRARIES
For age restricted dwellings, fails to address the school impact in
SCHOOLS
accordance with Board’s Policy
For age restricted dwellings, fails to address the traffic impact in
CDOT
accordance with the Board’s Policy
VDOT
UTILITIES
ENVIRONMENTAL
ENGINEERING
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Map 2: Comprehensive Plan
Classification: RESIDENTIAL AGRICULTURAL
The designation suggests the property is appropriate for a combination of agricultural use and single
family residential use on larger acreage parcels with a maximum of 0.5 dwellings per acre.
Map 3: Surrounding Land Uses & Development
Single family residential
Woodpecker Rd
(The Highlands)
Zoning and plan
approved for 266
single family
residential
dwellings
Cattail Road
Single family
residential or
vacant
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PLANNING
Staff Contact: Darla Orr (804-717-6533) orrd@chesterfield.gov
ZONING HISTORY
Case Number BOS Action Request
Rezone 209.2 acres from A to R-88 with Conditional Use to
permit recreational use
Single family development with maximum of 104 lots (0.5
dwellings per acre)
To be developed in conjunction with The Highlands
subdivision
Approved conditions require:
APPROVED
Improvements to Woodpecker and Cattail Roads
o
07SN0309
6/27/2007
Lake Margaret dam to be analyzed and improved if
o
necessary
Minimum setbacks and buffers for active recreational
o
use
Cash proffer of $15,600 per unit with optional credit
o
towards transportation component for road
improvements in addition to those approved with the
case
PROPOSAL
REQUEST I (REZONING):Asingle-family residential subdivision, including neighborhood
recreational use, is planned. A tract boundary plan divides the development into three (3)
development areas –Areas A, B and C. (Exhibit A, Attachment 3)
Approval of the requested conditional use planned development would permit:
Neighborhood recreational use including clubhouse and active and passive recreational
use/areas (Textual Statement Item II)
Reduced front setbacks for all dwellings -50 feet to 35 feet (Textual Statement Item I.B)
(For the clubhouse) Relief to curb and gutter requirements; reduced number of parking
spaces (20 to 10 spaces); reduced parking setbacks (30 to 15 feet with increased
landscaping designed to reduce headlight glare);and, clarificationthat buffers along
arterial roads would be inclusive of required yards.(Textual Statement Items II.A.i, II.A.ii,
II.A.ii.c)
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The following provides an overview of the development’s design standards:
GeneralOverview
Requirements Details
Textual Statement and tract boundary exhibit
Master Plan
Proffered Condition 1 and Exhibit A
Maximum of 105 dwelling units
Approximate number of lots by tract (according to the applicant):
Density
Area A – 69lots; Area B –35lots; andArea C – 1 existing lot & dwelling
Proffered Condition 2
Lots required to have minimum area necessary to permit planned use of
individual septic systems
Minimum of 30,000 square feet with overall average of 40,000 square
o
feet (Subdivision Ordinance)
Any lots in Area B with sole access through adjacent development must have
Lot Sizes
minimum lot area of 65,340 square feet
Existing parcel (identified as Area C) to remain
(Note: Area C encompasses the one (1) existing lot and single family dwelling that were
part of the previous zoning case.)
Textual Statement I.A and B
Occupancy limitation -No one under 19 years of age would be permitted to
reside in a dwelling
Occupancy limitation would be identified on record subdivision plans*
Options:
Age
-Area A –All but 5 lots age restricted
Restriction
-Area B – Age restriction optional –to be decided at the time of plans review
-Area C – Not age restricted
*Proffered condition does not require identification of non-age restricted units in
Area A.
Proffered Condition 4
Active and passive recreational areas to be provided
No facilities for child’splay
th
2,000 square foot clubhouse to be built prior to occupancy of 50 dwelling
Recreational
Setbacks for active recreational use from adjacent dwellings and public rights
Useand
of way
Clubhouse
Outside public address allowed for pool only during specific hours each day
Active recreational uses to be identified on record plat
Textual Statement II.A, II.A.ii.c,d, II.A.iii and iv
Public Eight (8) feet wide generally as shown on Exhibit A along Woodpecker Road
Walking and
Bike Trail Textual Statement II.B
Not provided*
*Typically 0.75 acre of open space including hardscaped areas and benches designed
Focal Point
to serve as a public gathering area is provided generally near the entrance of
developments when exceptions to ordinance standards are requested and/or to add
quality to overall design
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Not provided*
*
Typically street trees are provided on both sides of public roads providing general
Street trees
circulation within developments where exceptions to ordinance standards are
requested and/or to add quality to overall design
Compatible with architecture of The Highlands subdivision
Architectural
Foundations to be constructed of brick/stone
and
Permitted materials established for roofs, facades, foundationsand front
Foundation
porches
Treatment,
Building
Materials
Proffered Condition 7
Front Loaded Not permitted when attached to principle dwelling
Proffered Condition 8
Garages
Landscaping required along front foundations
Landscaping
Front yards will be irrigated unless drainfield is located in front yard
& Irrigation
Proffered Condition9
Driveways will be hardscaped or gravel*
Three (3) feet wide hardscaped front walks required**
Driveways
*Typically when proffered, driveway treatment does not include gravel
and Front
** Typically when proffered width of front walks are four (4) feet wide
Walks
Proffered Condition 6.C and D
Constructed on one (1) side of all roads within Area A and along Cattail Road*
Internal to project –Constructed within public rights of way to VDOT
standards**
Along Cattail Road – four (4) feet wide with five (5) foot wide bump outs every
fifty (50) feet
Sidewalks
*Sidewalks are not offered within Area B. Typically sidewalks are provided along both side of
all roads providing general circulation within developments where exceptions or ordinance
standards are requested and/or to add quality to overall design
** VDOT standards – minimum of four (4) feet wide with spaced bump-outs of five (5) feet
in width
Proffered Condition 6.A and B
REQUEST II (RELIEF TO STREET ACCESS REQUIREMENTS): To provide emergency vehicles
access should one (1) entrance into a development become blocked during an emergency
situation, the Subdivision Ordinance (Section 17-76) requires a second public road access for
developments with a cumulative total of more than fifty (50) lots. The applicant is seeking
relief to this street access requirement to permit sixty-two (62) lots to be recorded off of the
one (1) public road access to Woodpecker Road.
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Through the zoning process, the Planning Commission may grant relief for a maximum of sixty-
two (62) lots off of one (1) access if a preliminary tentative plat is submitted with sufficient
documentation that clearly demonstrates:
A.Existing severe topographic, physical or extenuating circumstances exist so that there is
no other practical means of providing another access; and
B.Financial hardship is not the principal reason for the waiver; or
C.Without granting relief to these requirements traffic on an existing local street will
exceed the Planning Commission’s Stub Road Policy as determined by the Director of
Transportation.
The applicant has provided a conceptual subdivision layout but it fails to demonstrate that any
of these circumstances exist. (Attachment 4)
Staff cannot support this request for relief:
The request fails to meet the Ordinance criteria under which relief should be granted
If approval is granted as proposed with Proffered Condition 11, the potential exists for
an individual to purchase a recorded lot without being able to obtain a building permit
until the developer builds the second public road access.
RESTRICTIVE COVENANTS
Restrictive covenants are proposed to be recorded for Area A (Proffered Condition 10). Since
the option for the occupancy limitation is available for AreaB, the same covenants may be
appropriate for that portion of the development as well. It is important to note that the
County does not enforce restrictive covenants.
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FINANCIAL IMPACT ON CAPITAL FACILITIES
Budget and Management
Staff Contact: Natalie Spillman (717-8767) spillmann@chesterfield.gov
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 Adopted
Capital Improvement Program and further detailed by specific departments in the applicable
sections of this request analysis.
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
$21,261 per unit.
The applicant has requested a rezoning from residential (R-88) to residential (R-25) with a
maximum density of half (0.5) a dwelling unit per acre, which would yield approximately 105
dwelling units. The applicant is proposing a variety of cash proffer options, as stated below:
1)Per Proffered Condition 5(A), all units in “Area A” shall pay $9,600 per dwelling unit;
whereas, $600 shall to schools infrastructure, $701 shall go to fire infrastructure, $303
shall go to library infrastructure and $7,996 shall go to road infrastructure.
2)Per Proffered Condition 5(B), any age restricted units in “Area B” shall pay $9,000 per
dwelling unit; whereas, $701 shall go to fire infrastructure, $303 shall go to library
infrastructure and $7,996 shall go to road infrastructure.
3)Per Proffered Condition 5(C), units in “Area B” that are not age restricted shall pay the
current Board maximum cash proffer of $18,966.
Per proffered conditions, the applicant has the option to develop most of the overall property
for age restricted units, with the exception of approximately one acre which the applicant has
not age restricted, nor offered a cash proffer. There is an existing single family dwelling on this
one-acre parcel. The applicant has proffered to develop public trails within the open space
along Cattail Road, which the Parks and Recreation department has qualified as a full offset to
the parks portion of the cash proffer. The tables below compare the applicant’s proposed
options against the FY2015 calculated impact, as well as the current maximum. It is unclear
how many units could be developed for age restricted versus non-age restricted, based on the
specific structure of the proffered conditions and the proposed development options. The
analysis below further illustrates that the applicant’s cash proffer for age restricted units falls
around $8,000 to $9,000 short per unit of addressing the development’s impacts on public
facilities.
Additionally, per Proffered Condition 4(A) the applicant states that all units within “Area A”
shall be age restricted, with an exception to allow for a maximum of five units to be not age
restricted. As a result, all of the units within “Area A” including the five units which have an
exception to not be age restricted, would be subject to the $9,600 cash proffer. In addition,
the applicant has proposed for any age restricted lots in “Area B” to only pay $9,000 per unit.
While the applicant has proposed to address a portion of the schools proffer for the lots in
1013SN0521-2015MAY27-BOS-RPT
“Area A”, the proffered conditions 5(A) and 5(B) still fall short of addressing the impact of this
proposed development on capital facilities.While the Board has from time to time approved
cases with age restriction proffers in combination with reductions to the amount proffered for
school facilities, staff cannot support such an approach as the calculated impact already
reflects a mixture of age restricted and non-age restricted occupancies.
Traditionally, cash proffers would remain unchanged for a period of four years after which
they would be escalated by the cumulative change in the Marshall and Swift Building Cost
Index, a provision recently adopted by the Board of Supervisors. However, in this case the
applicant has requested that the Marshall and Swift Building Cost Index escalation not exceed
the amount of the maximum cash proffer policy in effect at the time of payment. This request
deviates from the cash proffer policy regarding the Marshall and Swift Building Cost Index
adjustment.
In the event that the applicant develops for non-age restricted units, staff supports the
applicant’s proposal for a cash proffer of $18,966 for those non-age restricted units. However,
the applicant’s cash proffers of $9,600 and $9,000 for age restricted units fall short of
addressing its impact on capital facilities.
The Planning Commission and Board of Supervisors, through their consideration of this
request, may determine that there are unique circumstances relative to this request that may
justify acceptance of proffers as offered for this case.
1113SN0521-2015MAY27-BOS-RPT
1
69
Per Dwelling Unit Impact on Capital Facilities
Potential
Units
Facility FY15 Calculated Current BOS Applicant Variance from
Categories Impact Maximum Proposal Maximum
Schools $9,376 $8,364 $600 ($7,764)
2
Parks$1,327 $1,184 $0$0
Libraries $340 $303 $303 $0
Fire
$786 $701 $701 $0
Stations
Roads $9,432 $8,414 $7,996 ($418)
Total $21,261 $18,966 $9,600 ($8,182)
Overall Impact on Capital Facilities
Schools $646,944 $577,116 $41,400 ($535,716)
Parks $91,563 $81,696 $0 $0
Libraries $23,460 $20,907 $20,907 $0
Fire
$54,234 $48,369 $48,369 $0
Stations
Roads $650,808 $580,566 $551,724 ($28,842)
Total $1,467,009 $1,308,654 $662,400 ($564,558)
1
Per Proffered Condition 5(A), $9,600 would apply all units in “Area A” (Based on a proffered
maximum of 0.5 dwelling units per acre).The actual number of dwelling units and
corresponding impact may vary.
2
The applicant has proffered park improvements that would offset the parks cash proffer.
1
36
Per Dwelling Unit Impact on Capital Facilities
Potential
Units
Facility FY15 Calculated Current BOS Applicant Variance from
Categories Impact Maximum Proposal Maximum
Schools $9,376 $8,364 $0 ($8,364)
2
Parks $1,327 $1,184 $0 $0
Libraries $340 $303 $303 $0
Fire
$786 $701 $701 $0
Stations
Roads $9,432 $8,414 $7,996 ($418)
Total $21,261 $18,966 $9,000 ($8,782)
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Overall Impact on Capital Facilities
Schools $337,536 $301,104 $0 ($301,104)
Parks $47,772 $42,624 $0 $0
Libraries $12,240 $10,908 $10,908 $0
Fire
$28,296 $25,236 $25,236 $0
Stations
Roads $339,552 $302,904 $287,856 ($15,048)
Total $765,396 $682,776 $324,000 ($316,152)
1
Per Proffered Condition 5(B), $9,000 could apply to any age restricted “Area B”. The actual
number of dwelling units and corresponding impact may vary.
2
The applicant has proffered park improvements that would offset the parks cash proffer.
1
Per Dwelling Unit Impact on Capital Facilities 36
Potential
Units
FY15 Calculated Impact Applicant’s Proposal
$ 21,261$ 18,966 2
Proffered Condition 5(C)
1
Per Proffered Condition 5(C), $18,966 could apply to any non-age restricted units developed
within “Area B”. The actual number of dwelling units and corresponding impact may vary.
2
Current maximum acceptable proffer per BOS policy.
Overall Impact on Capital Facilities
Facility Categories FY15 Calculated Impact Applicant’s Proposal
Schools $337,536 $301,104
Parks $47,772 $42,624
Libraries $12,240 $10,908
Fire Stations $28,296 $25,236
Roads $339,552 $302,904
Total $765,396 $682,776
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PUBLIC FACILITIES
FIRE SERVICE
Staff Contact: Greg Smith (804-706-2012) smithgd@chesterfield.gov
The mission of Fire and Emergency Medical Services (EMS) is to protect life, property and the
environment through a comprehensive fire and life safety program that ensures an adequate
and timely response to emergencies. The Public Facilities Plan, as part of the Comprehensive
Plan, indicates:
County-wide Fire & EMS Service Information & Needs
New 5
Recommendations for Fire Stations
by 2022
Replacement/Revitalization 4
Fire 24%
1
2011 Incidents as a percent of total
EMS (Emergency Medical Services) 76%
Fire/EMS Increases in Call Volume
44%
from 2001 and 2011
County Population Increase from
17%
2001 to 2011
1
With the aging of population, medical emergency incidents are expected to increase faster than the rate of
population growth over time.
Fire Service - Project Impacts
Estimated Number of Calls for
24
Service Annually
Applicant’s Proposal to Address
Offered in accordance with Policy
1
Impacts
Proffered Condition 5
1
The financial impact of residential development on fire facilities is addressed in the “Financial Impact on Capital
Facilities” section of the report.
Additional Information:
Fire and EMS does not support the request to allow sixty-two (62) lots off of one (1) point of
access.
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.
Information relative to nearby fire and emergency service facilities can be found in Attachment
5.
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PARKS AND RECREATION
Staff Contact: Brian Geouge (318-8720) geougeb@chesterfield.gov
The County supports a high-quality park system to provide residents and visitors with
equitable access to active and passive recreation opportunities. The Public Facilities Plan, as
part of the Comprehensive Plan, indicates:
County-wide Parks and Recreation Needs
Park TypeNumber of New Parks Aggregate Acreage
Regional 3 600
Community10790
Neighborhood 9 180
Special Purpose 3 1 -
2
Urban - -
Linear 3 - -
1
The Public Facilities Plan notes facility recommendations for water-based parks. All other facilities are acquired
and developed on a site-by-site basis.
2
Facilities are recommended in urban areas where there is limited acreage available for park development.
3
Facility needs are assessed on a site-by-site basis as recommended in the Public Facilities Plan.
Parks and Recreation – Project Impacts
5.9 Acres of Regional, Community and/or Neighborhood
2012 County Level of Service
parkland per 1,000 persons
9 Acres of Regional, Community and/or Neighborhood
Target Level of Service
parkland per 1,000 persons
Applicant’s Proposal to Address
Public trail offered to fully off-set impacts of development
1
Impacts
Textual Statement II.B
1
The financial impact of residential development on parks facilities is addressed in the “Financial Impact on
Capital Facilities” section of the report.
Additional Information:
The Public Facilities Planidentifies the need for trails that connect parks, neighborhoods, and
other destinations. The Plan also identifies the need for links to the Pocahontas State Park trail
system. The eight (8) foot wide public trail proffered by the applicant along Woodpecker Road
will assist in addressing this need. (Textual Statement II.B and Exhibit A)
Information relative to nearby parks and recreation facilities can be found in Attachment 5.
1513SN0521-2015MAY27-BOS-RPT
LIBRARIES
Staff Contact: Debra Winecoff (751-4475) winecoffd@chesterfield.gov
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 informational services; community support during emergencies;
economic development; and revitalization activities. The Public Facilities Plan, as part of the
Comprehensive Plan, indicates:
County-wide Library Needs
Facility ActionCounty-wide Facility Needs
Expand or Replace 5 Libraries
Constructionof New 5 Libraries
Facilities
1 Community Arts Center
Libraries -Project Impacts
Applicant’s Proposal to
Offered in accordance with Policy
1
Address Impacts
Proffered Condition 5
1
The financial impact of residential development on library facilities is addressed in the “Financial Impact on
Capital Facilities” section of the report.
Additional Library Information:
Information relative to nearby library facilities can be found in Attachment 5.
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SCHOOLS
Staff Contact: Dr. Cynthia O. Richardson (318-8740) cynthia_o_richardson@ccpsnet.net
High performing, high quality public schools contribute to the quality of life and economic
vitality of the County. The Comprehensive Plansuggests 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 in which they are located. The Public Facilities
Plan, as part of the Comprehensive Plan, indicates:
County-wide School Needs
School Types Facilities to Revitalize/ReplaceNew Facilities
Elementary 163
Middle 6 2
High 2 3
Technical - 1
Schools -Project Impacts
Elementary22
Middle12
Average Student Yield
High16
Total50
Applicant’s Proposal to
For age restricted units, not offered in accordance with Policy
1
Address Impacts
Proffered Condition 5
1
The financial impact of residential development on school facilities is addressed in the “Financial Impact on
Capital Facilities” section of the report.
Additional Information:
After review of this request, based on current school assignments and student enrollment the
proposed rezoning case will have an impact on schools. It is possible that over time this case,
combined with other tentative residential developments and other zoning cases in the area
will continue to push these schools to their capacity and therefore impact the capacity of
facilities division-wide.
Information relative to schools currently serving area can be found in Attachment 5.
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COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Jim Banks (804) 748-1037 banksj@chesterfield.gov
The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-wide
transportation needs that are expected to mitigate traffic impacts of future growth. Based on
the approved tentative plat (85 lots), the existing Residential (R-88) zoning would result in
development that could generate approximately 895 average daily trips. Assuming 64 senior
housing units and 41 single-family units, the proposed Residential (R-25) development could
generate approximately 695 average daily trips. The anticipated traffic impact of the proposal
has been evaluated and recommendations are detailed in the chart below:
RecommendationApplicant’s Proposal
Right of Way Dedication
Offered as recommended
45 feet along Woodpecker Road and along Cattail
Proffered Condition 3.A
Road
Vehicular Access Control
Offered as recommended
Oneaccess to WoodpeckerRoad.
One drivewayto Cattail Road.
Proffered Condition 3.B
Road Improvements Offered as recommended
Right and left turn lanes along Woodpecker Road at
the proposed public road.
Widen/improve along the property frontage on the
south side of Woodpecker Road and on the west side
of Cattail Road.
Proffered Condition 3.C
Cash Proffer PolicyFor age restricted units, not
offered in accordance with
Policy
Proffered Condition 5
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VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov
VDOT Land Use Regulations
Traffic Impact Analysis (24VAC30-155) -
Access Management (24VAC30-73) The location of the proffered access points
along Cattail and Woodpecker roads must
comply with Access Management spacing
standards from the Cattail/WoodpeckerRd.
intersection. Sufficient lot frontage along
each road exists to meet the standards.
Subdivision Street Acceptance (24VAC30-91/92)
Department acceptance of the subdivision
roadways for maintenance is contingent
on meeting the provisions of the
Subdivision Street Acceptance
Requirements – SSAR’s (24VAC30-92).As
proffered, the connectivity provision of
two external connections to a publically
maintained street is met. The pedestrian
accommodation provision (street ADT
dependant) will be evaluated at site plan.
Land Use Permit (24VAC30-151) -
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WATER AND WASTEWATER SYSTEMS
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
The request will have a minimal impact on the public utility systems. The proposal’s specific
impacts are detailed in the chart below:
Water and Wastewater Systems
Currently Size of Existing LineConnection Required by County Code?
Serviced?
Water No 12”Yes
Wastewater NA NA No
Map 5: Existing Water & Wastewater Systems
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VIRGINIA DEPARTMENT OF HEALTH
Staff Contact: Richard Michniak (804-748-1028) pritchardd@chesterfield.gov
The Health Department must approve any new individual septic systems. Lots must be of
sufficient size to comply with minimum standards necessary for individual septic systems.
ENVIRONMENTAL
Drainage, Erosion and Water Quality
Staff Contact: Doug Pritchard (804-748-1028)pritchardd@chesterfield.gov
Environmental Engineering has no comment on this request.
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CASE HISTORY
Applicant Submittals
3/21/2013 Application submitted
4/28/2013 Amendments to application submitted
12/12/2014
1/8/2015
2/5/2015 Revised proffered conditions, Textual Statementand an exhibit were
3/13/2015 submitted
3/23/2015
4/2/2015
4/16/2015
4/17/2015
4/20/2015
4/21/2015
Community Meeting
12/3/14Issues Discussed:
Development proposal
Age restriction limitation
Impacts on capital facilities
Development being part of The Highlands with access to recreational
amenities
Clubhouse and recreational uses
Planning Commission
2/17/2015 The Planning Commission meeting scheduled for February 17, 2015 was
rescheduled to February 19, 2015 due to inclement weather.
2/19/2015 Citizen Comments
No citizens spoke to this case
Commission Discussion
Dr. Wallin explained his intent to defer this case on his own motion for sixty
(60) days to permit the applicant to continue to finalize the proposal.
Action – DEFERRED TO APRIL 21, 2014
Motion: Wallin Seconded: Patton
Ayes: Gulley, Waller, Brown, Patton and Wallin
4/21/15Applicant Comments
Propose senior neighborhood as extension of The Highlands
Non-age restricted lots in Area A proposed to accommodate situations
when a senior needs to care for persons under 19
Building a clubhouse in consideration of older residents
One (1) builder plans to construct all dwellings; developer has no
intention to sell to other builders
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Citizen Comments
Does not agree that a focal point at the entrance to the development is
necessary
Supports reduction in cash proffer to eliminate portion for schools for
age restricted units
Staff Comments
In response to questions from the Commission, Budget and the County
Attorney stated that language in Proffered Condition 5 relative to the
cash proffer not escalating overthe Board’s maximum acceptable cash
proffer was legally acceptable, but is a deviation from current cash
proffer policy regarding escalation of cash proffers
Commission Discussion
Dr. Wallin explained the proposal was one of the most unique he hasseen
during his time on the Commission. He noted:
Development offers options for seniors in an area within 10 minutes of
services
Clubhouse will be beneficial to development and Highlands
Senior housing would protect current school enrollments
Developer building part of the Pocahontas trail and sidewalks
Five (5) non-age restricted lots in Area A offer means to accommodate
seniors in family emergencies
Mr. Waller stated he would like an update on discussion relative to cash
proffer escalation and the Board’s maximum acceptable cash proffer
Mr. Gulley noted he would have supported deferral of the case given the
lateness of proffered condition revisions.
Mr. Patton supported the reduced cash proffer for age restricted units but
questioned the bottleneck that may be caused without the second public
road access being constructed until later.
Request I Action – APPROVAL AND ACCEPTANCE OF THE
PROFFERED CONDITIONS 1 – 10 IN ATTACHMENT 1
Motion: Wallin Seconded: Patton
Ayes: Gulley, Waller, Brown, Patton and Wallin
Request II Action – APPROVAL AND ACCEPTANCE OF PROFFERED
CONDITION 11 IN ATTACHMENT 1
Motion: Wallin Seconded: Patton
Ayes: Gulley, Waller, Brown, Patton and Wallin
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ATTACHMENT 1
PROFFERED CONDITIONS
Note:
“CPC” –Recommended by Planning Commission
The Owner-Applicant 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, for itself and its successors or assigns,
proffers that the development of the property will be developed as set forth below; however, in the
event the request is denied or approved with conditions not agreed to by the Owner-Applicant, these
proffers shall be immediately null and void and of no further force or effect.
The Applicant hereby proffers the following conditions applicable to Tax ids 766-639-8114 and 767-
640-1470:
(CPC) 1. Master Plan. The textual statement dated April 16, 2015 and the Exhibit A
entitled “Tract Boundary Exhibit”, prepared by Highmark Engineering, and
dated February 5, 2015, shall be considered the Master Plan. (P)
(CPC) 2. Density. Density shall not exceed 0.5 units per acre. (P)
(CPC) 3. Transportation.
A.Dedications. In conjunction with recordation of the initial subdivision
plat or prior to any site plan approval, whichever occurs first, the
following rights-of-way shall be dedicated, free and unrestricted, to and
for the benefit of Chesterfield County:
i.Forty-five (45) feet of right of way, on the south side of
Woodpecker Road, measured from a revised centerline of
Woodpecker Road based on VDOT Urban Minor Arterial (50 MPH)
standards with modifications approved by the Transportation
Department, immediately adjacent to the Property.
ii. Forty-five (45) feet of right of way, on the west side of Cattail Road,
measured from a revised centerline of Cattail Road based on VDOT
Urban Minor Arterial (50 MPH) standards with modifications
approved by the Transportation Department, immediately
adjacent to the Property.
B. Access. Direct vehicular access from the property to Woodpecker Road
shall be limited to one (1) public. Direct vehicular access from the property
to Cattail Road shall be limited to one (1) existing private driveway serving
Tax ID 766-639-8114. The exact location of the public access shall be
approved by the Transportation Department.
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C. Road Improvements. The Applicant shall be responsible for the
following:
i. Widening/improving the south side of Woodpecker Road to an
eleven (11) foot wide travel lane, measured from the centerline
of Woodpecker 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 one-half (1.5)
inches of compacted bituminous asphalt concrete, with
modifications approved by the Transportation Department, for
the entire Property frontage.
ii. Widening/improving the west side of Cattail Road to an eleven
(11) foot wide travel lane, measured from the centerline of
Cattail 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 one-half (1.5) inches of
compacted bituminous asphalt concrete, with modifications
approved by the Transportation Department, for the entire
Property frontage.
iii. Construction of additional pavement along Woodpecker Road at
the approved access to provide left and right turn lanes.
iv. Dedication to Chesterfield County, free and unrestricted, of any
additional right-of-way (or easements) required for the road
improvements described above.
D.Transportation Phasing Plan. Prior to any construction plan or site plan
approval, whichever occurs first, a phasing plan for the required road
improvements, as identified in Proffered Condition 3.C., shall be
submitted to and approved by the Transportation Department. (T)
(CPC) 4. Age Restriction. Except as otherwise prohibited by the Virginia Fair Housing
Law, the Federal Fair Housing Act, and such other applicable federal, state or
local legal requirements, any dwelling units restricted to “housing for older
persons” as defined in the Virginia Fair Housing Law and no persons under 19
years of age shall reside therein.
A. With the exception of a maximum of five lots, all lots with in “Area A”
shall be age restricted. This restriction shall be identified on all record
subdivision plats.
B.All lots with in “Area B” shall have the option of being age restricted.
This restriction shall be applicable by subdivision section and all age
restricted lots shall be identified on all subdivision plats.
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C. Tax ID 766-639-8114 shall not be age restricted. (P)
The Applicant hereby proffers the following conditions applicable to Tax id 767-640-1470:
(CPC) 5. Impacts.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:
A.For any lots within Area “A”, the amount paid shall be, $9,600 per
dwelling unit, where $600 shall go to schools infrastructure, $701 shall
go to fire infrastructure, $303 shall go to library infrastructure and
$7,996 shall go to road infrastructure, for the period beginning the July 1
preceding the Board of Supervisors’ approval of the case through July1
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, except that the adjustment shall not cause the
payment to exceed the amount of the maximum cash proffer in the cash
proffer policy in effect at the time of the payment.
B.For any age restricted lots within Area B, the amount paid shall be,
$9,000 per dwelling unit, where $701 shall go to fire infrastructure, $303
shall go to library infrastructure and $7,996 shall go to road
infrastructure, for the period beginning the July 1 preceding the Board of
Supervisors’ approval of the case through July1 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, except
that the adjustment shall not cause the payment to exceed the amount
of the maximum cash proffer in the cash proffer policy in effect at the
time of the payment.
C. For anylots within “Area B”that are not age restricted, the amount paid
shall be, $18,966 per dwelling unit, for the period beginning the July 1
preceding the Board of Supervisors’ approval of the case through July1
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, except that the adjustment shall not cause the
payment to exceedthe amount of the maximum cash proffer in the cash
proffer policy in effect at the time of the payment.
D. 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, except that the
adjustment shall not cause the payment to exceed the amount of the
maximum cash proffer in the cash proffer policy in effect at the time of
the payment.
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E.Cash proffer payments shall be spent for the purposes proffered or as
otherwise permitted by law. (B&M)
(CPC) 6. Sidewalks/Driveways.
A. A four foot (4’) wide concrete sidewalk shall be constructed to VDOT
standards, located within public right of way, and provided along one
side of all public roads within “Area A” as shown on the Exhibit.
B. A four foot (4’) wide pedestrian path shall be provided within the open
space easement along the length of Cattail Road. The path shall be 2”
SM-9.5 asphalt and over 4” 21-B stone, where directed by the
developer’s geotechnical engineer and located as shown on the Exhibit
within the limits of this property. The path shall be designed to include
five foot (5’) wide bumpouts every fifty feet to provide ADA compliance
and shall be maintained in good condition by the Developer/HOA.
C. All private driveways serving residential uses shall be hardscaped or
brown gravel. Private driveways shall not require curb and gutter.
D. Front walks shall be provided to each dwelling unit. Front walks shall be
hardscaped. Front walks shall be a minimum of 3’ wide. (P)
(CPC) 7. Architecture and Materials.
A. Style and Form. The architectural styles shall be interpretations of
traditional Richmond architecture, using forms and elements compatible
with those in the adjacent Highlands Subdivision.
B.Exterior Facades. At least 50% (5 in 10) dwelling units constructed shall
have brick, stone or masonry fronts that cover a minimum of 20% of the
façade. Other acceptable siding materials shall include stucco, synthetic
stucco (E.I.F.S.), or horizontal lap siding. Horizontal lap siding may be
manufactured from natural wood or cement fiber board or may be
premium quality vinyl siding with a minimum wall thickness of .044”.
Synthetic Stucco (E.I.F.S.) siding shall be finished in a smooth, sand or
level texture, no rough textures are permitted.
C. Foundations. All foundation s shall be constructed entirely of brick or
stone. Synthetic or natural stucco foundations may be permitted for
facades constructed entirely of stucco.
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D. Roofs.
i. Varied Roof Line. Varied roof designs and materials shall
be used on facades of dwellings that face a street.
Minimum roof pitch shall be 8/12.
ii. Roof Materials. Roofing material shall be dimensional
architectural shingles with a minimum 30 year warranty.
All flashing shall be copper or pre-finished aluminum
(bronze or black). (P)
E. Porches, Stoops and Decks.
i. Front Porches. All front entry stoops and front porches shall be
constructed with a continuous masonry foundation wall.
Individual porches and porticos shall be one-story in height.
Extended front porches shall be a minimum of 5’ deep. Handrails
and railings shall be finished painted wood or metal railing with
vertical pickets or swan balusters. Pickets shall be supported on
top and bottom rails that span between columns. Columns
supporting roofs of porches, porticos and covered stoops on
street facing facades, shall be masonry piers, tapered round
(Tuscan or Doric) column, or square box columns a minimum of
8” square as appropriate to the character of the unit. All front
steps shall be masonry to match the foundation.
ii. Rear Porches. All rear porches visible from public rights of way
shall be constructed on masonry or stone piers with lattice
screening spanning between columns. Handrails and railings shall
be finished painted wood or metal railing with vertical pickets or
swan balusters.
F. Fireplaces, Chimneys and Flues.
i. Chimneys. Sided chimneys are permitted on roof planes
or facades and must have masonry foundations.
Cantilevered chimneys are not permitted. The width and
depth of chimneys shall be appropriately sized in
proportion to the size and height of the unit. For gas
fireplaces, metal flues may be used on the roof.
ii. Direct VentFireplaces: Direct vent gas fireplace boxes
which protrude beyond the exterior plane of the unit,
are not permitted on front facades. All the exterior
materials andfinishes used to enclosethefireplace box
must match the adjacent facade. (P)
(CPC) 8. Garages. No front loaded garages shall be permitted on the principal
dwelling unit. (P)
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(CPC) 9. Landscaping and Yards.
A. Irrigation. All front yards shall be irrigated, with the exception of
any lots requiring primary drain field locations in the front yard.
B.Front Foundation Planting Bed: Foundation planting is required
along the entire front façade of all units, and shall extend along
all sides facing a street. Foundation Planting Beds shall be a
minimum of 4’ wide from the unit foundation. Planting beds
shall be defined with a trenched edge or suitable landscape
edging material. Planting beds shall include medium shrubs
spaced a maximum of four (4) feet apart. Unit corners shall be
visually softened with vertical accent shrubs (4’-5’) or small
evergreen trees (6’-8’) at the time of planting. (P)
(CPC) 10. Covenants and Restrictions. At a minimum the following shall be recorded with
any lot within “Area A” as shown on the Exhibit A.
A.Except as otherwise prohibited by the Virginia Fair Housing Law, the
Federal Fair Housing Act, and such other applicable federal, state or local
legal requirements, and except for a maximum of five (5) dwelling units
which shall not be subject to this occupancy limitation, all dwelling units
shall be restricted to “housingfor older persons” as defined in the
Virginia Fair Housing Law and no persons under 19 years of age shall
reside therein.
B. A minimum of twenty five percent (25%) of the gross area of each lot
shall be left in a natural wooded state. Should the need to clear
additional area due to the need for use of a septic field the request shall
be clearly defined and approved by the Architectural Review Board.
C. All lot owners shall also have the reserved right to make application for
membership to “The Country Club at the Highlands”. (P)
(CPC) 11. Second Vehicular Access. Prior to the issuance of a building permit for
st
the fifty-first (51) dwelling unit within “Area A” a second public road
access shall be constructed (P)
2913SN0521-2015MAY27-BOS-RPT
ATTACHMENT 2
TEXTUAL STATEMENT
March 20, 2015
Re: Lake Margaret LLC requests Rezoning of Tax ID 766-639-8114 and 767-640-1470 from
Residential (R-88) to Residential (R-25) with a Conditional Use Planned Development to
permit exceptions to development standards as set forth herein below.
I.Single Family Residential Use.All lots shall conform to the Residential R-25
Standards except as follows:
A. Area.
i.Tract B - All lots with sole access through the adjacent R-88 zoned properties
shall have a minimum lot area of 65,340 square feet.
B. Setbacks.
i.The front yard setback shall be a minimum of thirty-five (35) feet. (P)
II.Recreational Use. Both passive and active neighborhood recreational use shall be
provided throughout the development. These recreational uses shall not include
playgrounds, playfields, or similar facilities designed for child’s play. At a minimum
the following shall be provided:
A.Clubhouse. Prior to the issuance of an occupancy permit for the 50th dwelling
unit, a certificate of occupancy shall be obtained for a minimum of a 2,000
square foot clubhouse containing a kitchen and multi-purpose room designed
to accommodate gatherings. Construction of the clubhouse shall comply with
the Zoning Ordinance requirements for uses within the Emerging Growth
District, except asfollows:
i. Parking.A minimum of one (1) parking space shall be provided per every
200 square feet of building. Curb and gutter for the parking area shall not be
required.
ii. Setbacks.
a. The side yard setback for buildings shall be a minimum of thirty (30) feet
with the installation of Perimeter Landscaping C.
b.The side yard setback for parking shall be fifteen (15) with the
installation of Perimeter Landscaping C and shall be designed as such to
prevent headlight glare into adjacent homes.
c. The setbacks for the clubhouse from any arterial roadways shall be
inclusive of any required buffers.
d. Swimming pools and similar active recreational areas shall be located a minimum
of fifty (50) feet from any proposed or existing single family residential lot line and
3013SN0521-2015MAY27-BOS-RPT
internal public roads. The fifty (50) foot setback shall be planted with Perimeter
Landscape C. Landscaping provided in accordance with Item II. A. ii. a. and b. shall
be counted towards this landscaping requirement.
iii. Outside Public Address. Except for pool usage, there shall be no outside public address
systems or speakers. Such public address system shall not be used between the hours
of 9:00 p.m. and 9:00 a.m.
iv. Record Plat. In conjunction with the recordation of any lot adjacent to active
recreational area(s), such area(s) shall be identified on the record plat along with the
proposed recreational uses and required conditions. (P)
B.Pedestrian / Bike Path. An eight (8) foot wide shared use public
bicycle/pedestrian path, excluding bridge over the creek, shall be provided
within the open space easement along the length of Woodpecker Road,
generally as shown on Exhibit A. The path shall be 2” SM-9.5 asphalt and over
4” 21-B stone, where directed by the developer’s geotechnicalengineer and
approved by the Parks and Recreation Department. The path shall be
constructed within 2 years of the issuance of the first building permit and shall
be maintained in good condition by the Developer/HOA. (P and P&R)
3113SN0521-2015MAY27-BOS-RPT
ATTACHMENT 3
EXHIBIT A
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ATTACHMENT 4
CONCEPTUAL SUBDIVISION LAYOUT
APRIL 16, 2015
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ATTACHMENT 5
SUPPLEMENTAL PUBLIC FACILITIES STATISTICS
Schools Currently Serving Area
Ettrick
MatoacaMatoaca
Elementary
Middle School High School
School
Capacity
Functional Functional Functional
MembershipMembershipMembership
% Capacity% Capacity% Capacity
CapacityCapacityCapacity
Categories
Current
and
Projected
2014 515 56292 1020 1438 71 18381794 102
2
Figures
2015 526 -94 961 - 67 1855- 103
2016 546 -97 933 - 65 1837- 102
2021 585 -104960 - 67 1649- 92
Trailers Number of
1 - 5
1
Trailers
1
Trailers are not identified in the staff report for schools under 90% capacity.
2
Disclaimer: Please note that Projected Membership AND Functional Capacity are updated on an ANNUAL BASIS.
They are based on the September 30 membership and Space Utilization Study Report for a given year. School
boundary adjustments may be made to address over capacity levels.
Nearby Public Facilities
Fire Station Phillips Fire Station, Company Number 13
EMS Facility Chester Fire Station, Company Number 1
Library Central Library and/or Ettrick-Matoaca Library
Parks & Recreation Matoaca
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