04SN0197-Mar10.pdfREQUEST:
March 10, 2004 BS
STAFF'S
REQUEST ANALYSIS
RECOMMENDATION
04SN0197'
River's Bend East, LLC
Bermuda Magisterial District
Enon Elementary School, Chester Middle 'School and
Thomas Dale High School. Attendance Zones
North line of Meadowville Road
Rezoning from' Agricultural (A) and General Industrial (1-2) to Residential (R-12)
with Conditional Use Planned DevelOpment to .permit recreational and limited
commercial use.
PROPOSED LAND USE:
A Single family residential subdivision with supporting recreational and commercial
uses is planned. The applicant has agreedto limit the. development to a maximum of
400 dwelling units (Proffered Condition 6), yielding a-density of approximately 1;2
dwelling units per acre, plus a maximum-of twenty-five'(25) acres of recreational
and limited commercial uses. (Proffered ConditiOn'7)
PLANNING COMMISSION' RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF .THE PROFFERED CONDITIONS ON
PAGES 2 .THROUGH 7.
STAFF RECOMMENDATION -
Recommend approval for the following reasons:
Ao
The proposed zoning and land uses conform to the Consolidated Eastern AreaPlan
which suggests the portion of the property east of North Enon ChurCh Road is
appropriate for residential-use of 1.5 dwelling units per acre or less and that' the
ProViding a FIRST CHOICE Community ThrOugh Excellence in Public Service.
portion of the request property west of North Enon Church Road is appropriate for
additional residential use of 1.5 dwelling units per acre or less with provisions to
ensure that such residential development does not adversely impact future area
industrial development.-Further, the non-residential uses comply with the Plan which
suggests that such uses are appropriate within a coordinated development.
Bo
As recommended by the Riverfront Plan, a proffered condition establishes a tree save
area along the steep slopes and their crest to foster bluff and viewshed conservation.
Co
The proffered conditions address the imPact of this development on necessary capital
facilities, as outlined .in the Zoning Ordinance and ComPrehensive Plan.
Specifically, the need for schools, parks, libraries, fire stations and transportation.
facilities is identified in the CoUnty's adopted Public. Facilities Plan, Thoroughfare
Plan and Capital Improvement Program and the impact of this development is
discussed herein. The proffered conditions adequately mitigate the impact on capital
facilities, thereby insuring adequate service levels are maintained and protecting the
health, safety and welfare of CoUnty citizens.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNERMAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON'BY
BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE
RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
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, for themselves and their
successors or assigns, proffer that the development of the properties known as Chesterfield County
Tax ID Numbers 822-661-2045-'00000~.'825-661-6811-00000, 826-661'8420-00000 and 825.66.0-
9979-00000 and 827,662-2285-00000(the "Property") under consideration will be developed
according to the following conditions if, and only if; the rez0ning requestS for R-12 with Conditional
Use Plan Development as set forth in the above heading and the application filed herein is' granted.
In the event the request is denied or approved with .conditions not agreed to by the Owners,
Applicants, these proffers and conditions shall be immediately null and void and of nO further force
or effect.
(STAFF/CPC) 1.
(STAFF/CPC) 2.
Timbering. Except for the timbering approved by the Virginia' State:
Department of Forestry for thepUrPoSe of removing dead or diseased
trees, there .shall be no timbering 'on the. Property until a land
disturbance permit has been. obtained ~ from the Environmental
Engineering Department and the approved, devices have been
installed. (EE)
The public water and wastewater systems shall be used. CLI)
2 04SN0197-MAR10-BOS
(STAFF/CPC)
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 service district for
the property.
Ao
The amount approved by the Board of Supervisors not to
exceed $9000.00 per dwelling unit adjusted upward by any
increase in the Marshall Swirl. 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.
Bo
Provided howeVer that if any build'rog permits issued on the
property are for Senior housing, the units-Of which meet the
occupancy requirements for age "55 or over" housing as set
forth in-Section 3607 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 100:304'in
effect as of the date of the Rezoning, and which are subject to
the occupancy requirements that no 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, 2003, 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 in excess of $4815 shall be
prorated as set forth above.
Co
Provided fm~er, the cash proffer payment for the initial 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 8.c.i. and
performed by the Developer, subdivider or assignee. After
130 units or ffthe 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 or assignee shall commence paying
cash proffers in accordance with Proffered ConditiOns 3.A.
and B.
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
3 04SN0197-MAR10-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
o
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)
Residential (R-25)
All lots in TraCt 2 as. shown on Exhibit "A" shall have a minimum lot
area of 25,000 square feet. (P)
Residential (R-15)
All lots in Tract 1 as shown on Exhibit"A" Shall have a minimum lot
area of 15,000 square feet. (P)
Density. The total number of single family residential units allowed
on the'Property shall not exceed 400 units. (P)
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.
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.
(B)
Within the area designated propOsed clubhouse-site the
following uses shall be permitted:
(1)
Indoor and outdoor recreational uses subject to the
following:
b)
_ -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:
Outdoor playfidds,~ courts, swimming.pools
and similar- active recreational areas shall be
set back a minimum, of 100 feet from any
4 IMSN0197-MAR10-BOS
(STAFF/CPC)
proposed or existing single family residemial
lot line anda minimUm of fifty (50) feet from
any existing or proposed public road. Nothing
herein shall prevent the developmem of any
indoor facilities and/or parking within the 100
foOt setback.
(2)
Restaurant. SUCh developmem 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 Co) (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.
Co)
Construction of additional pavement along Meadowville
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 Roadl
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 ofi-
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.
OR
(ii)
Reconstruction of existing Meadowville Road to
provide two .(2) eleven (11) foot wide travel lanes
with additional one (1) foot wide: paved sh0ulders-and
give (5) foot wide-unpaved shoulders, .with
5 04SN0197-MAR10-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
o
10.
11.
12.
13.
14.
modifications approved by the Transportation
Department, . from :approximately 0.8 mile east. of 1-
295 to the southern boundary of the property (a
distauce of approximately 1,200 feet). TheeXact
length of this improvement shall be approved by the
Transportation Department.
Dedication to and for the benefit of Chesterfield County, free
and unrestricted, of any additional right:of-way (or easement)
required for the improvements identified above. (T)
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)
Direct access from-the property to Meadowville Road west of Enon
Church ROad.shall be limited to three (3) public mads; The exact
location of these accesses shall be approved by the 'Transportation
Department. (T)
In conjunctiOn with recordation of the initial subdivision plat, thirtyr
five (35) feet of right-of-way along the north side of Meadowville~
Road west of North Enon Church Road, measured from the Centerline-
of' that part of Meadowville 'Road immediately adjacent, to the
property, shall be dedicated, iSee and unrestricted, to and for the
benefit of Chesterfield County. - (T)
A 100 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 ofthe Zoning Ordinance for 100
foot buffers, Sections 19-520; 19-521(a) through (g) and 19-522. (P)
Subdivision plats shall include nOtes informing future property
owners within the'development of anticipated industrial development
in the area. (P)
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
6 04SN0197-MAR10-BOS
(STAFF/CPC) 15.
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 and/or 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 James River. The exact
location of all tree save area shall be established at the time of
tentative subdivision review.
It is-the further intent of this proffer to protect the forest canopy on
the steep slopes of the James River as it meanders bYthe development
so as to preserve its view from the fiver, but allow the developer, its
heirs'and/or successors and/or assigns to remove and trim trees in
order to provide scenic view oftheriver from the lots to be developed
and sold along the river bank. (P) .
Areas Along Roads. A fifty (50) foot area north, of MeadoWville
Road as required by SectiOn 17-70 ofthe Subdivision Ordinance shall
be maintained by the homeowners association. (P)
GENERAL INFORMATION
Location:
North line of Meadowville Road at North Enon Church Road, south of the James River. Tax'
IDs 822-661-Part of 2045, 825,660-9979, 825-661-6811, 826-661-8420 and 827-662-2285
(Sheets 27 and 28).
Existing Zoning:
A and 1-2
Size:
347,8 acres
Existing Land Use:
Vacant
7 04SN0197-MARt0-BOS
Adjacent Zoning and Land Use:
North
South
East
West
- The James River
- 1-2, R-25 and A; Single family residential or vacant
- R-25; Single family residential, the James River°r vacant
- 1-2; Vacant
UTILITIES
Public 'Water System:
There is an existing twenty-four (24) inch water line extending along a portion of
Meadowville Road and terminates east of 1-295, at a Point apProximately 4,100 feet
Southwest of the request site. In addition, a sixteen (16) inch-water line extends along a
portion of North Enon Church Road and terminates adjacent to MOunt Blanco Subdivision,
approximately one (1) mile south of this site. Use of the public water system is intended and
has'been proffered. (Proffered Condition 2)
Public Wastewater System:
The public wastewater system is not directly available to serve the request site. To provide
public wastewater service, an off-site extension of approximately 6,200 feet from River's
Bend Wastewater Pump StatiOn west ofi-295 (adjacent to River's Bend Subdivision, Section
6) to the western boundary of this site must be provided. Use of the public wastewater
system is intended and has been proffered. (Proffered'Condition 2)
ENVIRONMENTAL
Drainage and Erosion:
The property is adjacent to, and drains directly into, the James River and its asSociated
floodplains and wetlands. There are currently no .on- or off-site drainage or. erosion
problems. There are, however, some very steep slopes, in the area that will become highly
erodible once disturbed. This willbe addressed once the:tentative subdivision is submitted to
the subdivision review team. The property is woodedand should not be timbered without the
applicant first obtaining a land disturbance permit and adequate erosion control measures are
inplace. (Proffered Condition 1) :
Water Quality:
The entire northern property line abut the James RiVer and its associated floodplains and
wetlands and is therefore subject to a 100 foot conservatiOn area with very limited uses.
8 04SN0197-MAR10-BOS
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program and further detailed by
specific departments herein. This development will have an impact on these facilities.
Fire Service:
The Public Facilities Plan indicates that emergency services (EMS) calls are expected to
increase forty-five (45) percent by 2015. Eight (8) new fire/rescue stations are.recommended
for construction by 2015 in the Plan. Based on 400 dwelling units; this request will generate
approximately 115 calls- for fire and EMS services each year.'The aPPlicant has addressedthe
impact on fire and EMS service. (Proffered Condition 3)
The new River's Bend Fire StatiOn, Company Number 18,will be the primary fire protection
and emergency medical service Provider for this development. The new station is scheduled
to open by spring of this year.. The Enon Fire. Station, Company Number 6, and Bensley
Bermuda Volunteer Rescue Squad currently provide fire protection and emergency medical
service. When the property is developed,'the number ofhydrants, quantity of water, needed
for fire protection and access requirements will be evaluated during the plans review process.
Schools:
Approximately 216 students will be generated by this development. This site lies in the
EnonElementary School attendance zone: capacity- 562, enrollment- 599; Chester Middle
School zone: capacity- 825, enrollment, 762; and Thomas Dale High School zone: capacity
- 1,840, enrollment - 2,045.
This reqUest will have an impact on all schools involved..The, elementary.and high schools~
are currently over capacity. There are currently four (4) trailers at Enon Elementary School.
The applicant has fully addressed'the impact on school facilities~ (Proffered Condition 3)
Libraries:
Consistent with the Board of Supervisors,' Policy, the impact of development on library
services is assessed County-wide. Based on. projected population growth, the Public
Facilities Plan identifies a need for additional:library space throughout the County. Even if
the facility improvementS that have been made since the-Public Facilities Plan was published
.are taken into account, there is still an unmet need for additiOnal library space throughout the
County.
The development would most likely impact the Enon Library. The Public Facilities Plan
identifies a need to expand this facility. The applicant-has addressed the impact of this
proposed development on library facilities. (proffered Condition 3) '
9 04SN0197-MAR10-BOS
Parks and Recreation:
The Public .Facilities Plan identifieS the need for .fOur (4). new regional parks. In addition,
there is currently a shortage.of community park acreage in the County. The Public FaCilities
Plan_identifies a need for 625 acres 0fregional Park space and 1 i 6 acres of community park
space.by 2015. The Plan also identifies the need for neighborhood parks and special purpose
parks and makes suggeStions for their locations. The Plan also identifies the unmet demand
for greenways and trails in the County, and the need for additional access points to the James
and Appomattox Rivers. Specifically, the Plan identifies the needfor a neighborhood park in
this census tract.
The Riverfront Plan calls for the County "to immediately establish fiver access at targeted
places, linking trails and existing 'and proposed pUblic facilities along the riverfront to
interior lOcations". The applicant has offered.measures to assist 'in addressing the impact of
this proposed development on these parks and recreation facilities (Proffered Condition 3).
staff supports the idea of.a mixed-use community adjacent to the planned MeadOwville
Technology Park (MTP) and remains open to a partnership to provide a linear park through
MTP to proposed river features.
Meadowville Farm, located on the request site,, was identified in O'Dell's Chesterfield
County: Early Arclfitecture and Historic Sites. The large farmhouse was apparently
destroyed by fire in the 1970's.
Transportation:
The property (approximately 348 acres) is currently zoned half Agricultural (A) and the other
half General Industrial (I-2). The applicant is requesting reZoning to Residential (R-12) with
Conditional Use Planned Development that will allOw a reSidential project with supporting
recreation and some commercial uses. The recreation'and commercial uses are intended to -
primarily serve the residents of this development. The applicant has proffered that-the
residential development will not exceed 400 units (Proffered Condition 6). Based on single
family trip rates, development could generate approximately 3,730 average daily trips. These
vehicles will be distributed along Meadowville Road and North Enon Church Road, which
had 2003 traffic counts of 282 and. 653 vehicles per day, respectfully.
The Thoroughfare Plan identifies the section of Meadowville Road, adjacent to the property,
as a collector with a recommended fight of way width of seventy (70) feet. The applicant has
.proffered to dedicate thirty-five (35) feet of right of way, measured from the centerline of
Meadowville Road, in accordance with that Plan. (Proffered Condition 11)
Access to collectors, such as Meadowville ROad, should be .controlled. The applicant.has
proffered that direct access from the property to MeadowVille 'ROad will be limited to three
(3) public roads (Proffered Conditions 10). The applicant's Exhibit A generally-shows'the
location of these accesses.
10 04SN0t97-MAR10-BOS
The Subdivision Ordinance requires .that subdivision streets must conform to the Planning
Commission's Stub Road POlicy, which suggests that traffic volumes on those streets should
not exceed an acceptable level of 1,500 vehicles per day. In accordance with the'Stub Road
Policy, residential collector streets may be required through parts of the property; especially,
those streets that serve the recreation and clubhouse sites. Specific recommendations
regarding the need for these residential collector streets will be addressed at time of tentative
subdivision review.
The traffic impact of this development must be addressed. The applicant has proffered to: 1)
construct left and right mm lanes along MeadoWVille Road at each public road intersection
based on Transportation Department standards; and 2) Widen the north side of Meadowville
Road to a total travel way width of eleven (11) feet measured from the centerline with an
additional one (1) foot wide paved shoulder plus a seven (7) foot Wide unpaved shoulder' for
the entire property frontage (Proffered Conditions 8.a. and bO. Based on Transportation
Department standards, left and fight turn lanes along MeadOwville Road will be warranted at
each public road intersection.
Most area roads near the development haVe little or no shOulder; fixed objects adjacent to the
edge. of the pavement and poor vertical.and horizontal alignments. The roads need to be
improved to address safety and accommodate the increase- in traffic generated by this
development. Meadowville Road and North Enon Church Road will be most directly
impacted by development of this .property. Sections of these roads have sixteen (16)to
nineteen (19) feet of pavement with no shoulderS2 Meadowville Road and North Enon
Church Road can accommodate (Level of Service A and B, respectively) the low volumes of
traffic they currently carry.
As development continues in this part of the county, traffic volumes on area roads will
substantially increase. Cash proffers alone will not cover the cost .of the improvements
needed to accommodate the traffic increases. There are no public road improvements
currently included in the SiX-Year Improvement Plan: An industrial access project, serving
the 1,580 acre Meadowville Technology Park, is' expected to be constructed this summer.
The project includes the reconstmction of approximately 0.7 miles of existing Meadowville
Road, East of 1-295.
The applicant has proffered to contribute cash, in. an amount consistent with the Board of
Supervisors' Policy, towards mitigating the traffic impact of this development (Proffered
Condition 3). The applicant has also proffered to construct a new section of Meadowville
Road or widen a section of existing Meadowville Road (Proffered Condition 8.c.). The
new section of Meadowville Road will serve additional property within the MeadOwville
Technology Park, as well as the proposed residential develOpment..The widened' section of
the existing road would predominately serve the proposed residential development, and
would probably be eliminated with development in-the Park. The applicant has proffered
that if he constructs a new section of Meadowville: Road, that work will be done in
exchange for an equivalent cash'proffer payment amount (Proffered Condition 3:C) 2 Cash
proffer credit, would not be given for widening of existing Meadowville Road.
11 04SN0197-MAR10-BOS
Specifically, ifa new section of Meadowville Road is constructed from approximately 3,500
feet east of 1-295 (generally at the end of the planned Industrial Access Project) to the
southern boundary of the Subject property (a distance of approximately 2,000 feet), the work
will be done instead of paying the transportation component ofthe cash proffer for the initial
130 units. The applicant has proffered that in conjunction with the initial development of the
property (i.e., prior to recordation of more than fifty (50) lots or within one (!) year from the
date of recording the initial subdiviSion plat, whichever occurs first), this new road will be
provided. (Proffered Condition 9)
Staff calculated the value of the new road construction to be approximately equivalent to
$460,000 of cash proffers based solely on limited construction estimates from other projects.
The actual cost of this constmctioncannot be determined until the Work is complete and may
be more or less than this estimated amount. If others prOvide this new section of
Meadowville Road, the proffered condition will require payment of the cash instead of the
road improvement.
At time of tentative subdivision review, specific recommendatiOns will be provided
regarding access and the proposed internal street network.
Financial Impact on Capital Facilities:
PER UNIT '
Potential Number of New Dwelling Units ' 400* '. 1.00
Inc as 088. ' 72
Population re e . -. 1, 2. .
of New~mct-:-ents ' ' ' '
Number ' ' '
Elementary · 9&00 ' 0.24
Middle · . 52.00 0.13
TOTAL : 21&00 · 0.54
Net Cost fOr ols . ' 1,938;000 4,
Net Cost for Parks . . ' 277,200 · 693
Net CostforLibraries ' ' - ' ' ' 150,000 ' 375
Net Cost for Fire Stations ? . 160,400 '401
Average' Net Cost for Roads .
001 ·
TOTAL NET COST · ' ' 4,170~0 ' 10,425
*Based on-a proffered maximum number of units (Proffered C0ndition'6). The actual number of
units developed and corresponding impact may vary. "
12 04SN0197-MAR10-BOS
As noted, this proposed development will have an impact on capital facilities. Staffhas calculated
the fiscal impact of every new dwelling unit on schools, roads, parks, libraries and fire stations at
$10,425 per unit. The applicant has been advised that a maximum proffer of $9,000 per' unit would
defray the cost of the capital facilities necessitated by this proposed development. "The applicant has
been further advised that a maximum proffer of $4,815 .per unit would defray the Cost of capital
facilities necessitated by development of the age-restricted portion of the propOsed development, as it
will not have an increased impact on school facilities. Consistent with the Board of Supervisors'
Policy, and proffers accepted from other applicants, the.applicant has offered cash and.road
improvements to assist in defraying the cost of this proposed zoning onsUch' capital facilities. The'
roads impact could be partially offset by improvements performed by'the applicant. Under this
option, the cash proffer would be reduced by the road component on the initial 130 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 proffers as offered.
LAND USE
Comprehensive Plan:
The request properties lie within the boundaries of the ConsOlidated Eastem Area Plan which
suggests the portion of the property east of North Enon Church Road is appropriate, for
residential use of 1.5 dwelling units per acre or less and :that the portion of the request
property west of North Enon Church Road is appropriate fOr additional residential use of 1,5
dwelling units per acre or :less with provisions to ensure that such residential development
does not adversely impact future area industrial development. The Plan also suggeststhat
convenience commercial .nOdes'may also be appropriate .within such a coordinated
development subject to adequate access and a design that incorporates an internal focus with
open spaces and pedestrian connections.
The Riverfront Plan, a component of the Comprehensive Plan, identifies the importance of
the James River as a natural resource. The Plan encourages protecti0n of environmentally
sensitive areas along the River such as stream tributaries, shorelines, wetlands, steep slopes
and highly erodible areas, suggests coordinated.public access to the river, and promotes bluff
and viewshed conservation to and from the river.
Area Development Trends:
The request property is bounded to the north by. the James River; .PropertieS to the south of
Meadowville Road and to the west are ZOned General Industrial(I-2) and are optioned by.the
County's Industrial Development Authority for a planned industrial Park. Properties to the
east and south (east of North Enon Church Road) are zoned Residential (R-25) and
Agricultural and are occupied by single family dwellings-or are currently vacant. ReSidential
development at densities consistent with the Plan is expected to cOntinue east of North Enon
Church Road and industrial development is planned in the area south and west of the request
site in accordance with the P1an.
13 04SN0197-MAR10-BOS
Site Design:
The applicant has proffered a maximum of 400 dwelling units yielding a density of'
approximately 1.2 dwelling unitsper acre (Proffered Condition 6). In addition, minimum lot
sizes are established which are greater than 12,000 square feet for Tracts 1 and 2as shown on
Exhibit "A". Within Tract 1, lotsizes will be a'minimum of 15,000 square feet (Proffered
Condition 5) and, within Tract 2'lot sizes will .be a minimum of 25,000 square feet
(Proffered Condition 4). Tract 3 will contain lots with a minimum area of 12,000 square feet
in accordance with the proposed zoning to Residential (R-12): All other bulk lot and
building requirements (i.e. setbackS and lot widths) will Conform to the requirements of the
Residential (R-12) District.
commercial and Recreational Nodes:
The applicant has submitted a master plan (Exhibit "A") that conceptually depicts four (4)
areas labeled "PropOsed Recreation Site", "Proposed River Feature" (Two (2) sites) and
"Proposed Clubhouse Site" where a mixture of recreational and Convenience Business (C-l)
uses are proposed. The areas deSignated for these uses are.limited toa maximum cumulative
tOtal of twenty-five (25) acres. Specifically, within the sites designated as proposed
recreational site and future river features, marina facilities, including a restaurant, ramps,
boat storage, and convenience saleSnot limited to sale of gasoline and other products relating
to marine activity, would be permitted.' Within the area designatedproposed clubhouse site,
indoor and outdoor recreational uses and a restaurant would be permitted. These commercial
and recreational nodes are intended to provide'Yuuited commercial and recreational services
to residents within the planned community. The permitted'recreational uses .would be
subject to buffers and setbackS-typical to recreational uses within similar residential
developments. The permitted commercial' uses Would be subject to the development
standards of Emerging G~owthDistrict Areas within Neighborhood Business (C-2) Districts
which address vehicular and pedestrian access, landscaping~ architectural treatment, setbacks,
parking, signs, buffers and utilities and ensure comPatibility with the surrounding residential
areas. (Proffered Condition 7)
Buffers:
As previously noted, the ConSolidated Eastern Area Plan suggests that residential use
generally west of North Enon ChUrch Road and.north.of Meadowville Road, is appropriate
with provisions to ensure that such residential development does not adversely impact future
area-indUstrial development. The Plan Suggests these-provisions should include the
establishment of 200 foot buffers between such'residential use and anticipated industrial
uses. Proffered Condition-12-provides .that a vegetated 100 foOt buffer will be provided
along the western boundaryas shown on Exhibit "A". The remaining 100 foot buffer will be
provided on the adjacent General Industrial (I-2) property,
A 200 foot buffer is not proposed between the proposed residential zoning and the adjacent.
General Industrial (I-2)property to the sOuth. Atthe time this adjacent induslrial~property
14 04SN0197-MAR10-BOS
develops, a 200 foot setback will apply on the industrially zoned property. In addition,
buffers in accordance with the Subdivision Ordinance will be. required on the request
property.
Tree Save Area:
The County's Riverfront Plan recommends that care shouldbe taken'to conserve the natural
and rural character of the landscape as seen from the James River. In addition, the Plan
encourages protection of environmentally sensitive areas along the 'River such as stream
tributaries, shorelines, wetlands, steep slopes and highly erodible areas, suggests coordinated
public access to the river, and-promotes bluff and vieWshed conservation to' and from the-
river. Proffered Condition 14 establishes atree save area along the steep slopes of the James
River and within'a ten (10) foot area on the landward side' of the river bluff.. The proffer
permits the developer to remove trees and brush .less than six (6) inches in caliper and those
that are dead or diseased and allows removal oflimbs (limbing up) to provide for views of
the river from the development.. 0~roffered Condition 14)
Notification to Future Property Owners:
The Plan recommends that should this area be developed for residential use, notes should be
recorded on subdivision plats informing future owners of anticipated industrial development
on adjacent parcels. (Proffered Condition 13)
CONCLUSIONS
The proposed zoning and land uses conform to the Consolidated Eastern Area Plan which suggests
the portion' of the property east of North Enon Church Road is appropriate for residential use of 1.5
dwelling units per acre or less and-that the portion of the request property west of North Enon
Church Road is appropriate for additional.residential'use of 1.5 dWellingunits per acre or less with
provisions to ensure that such residential development does. not adversely impact future' area
industrial development. Further; the non'residential uses comply with the Plan which suggeststhat
such uses are appropriate within a coordinated develOpment.
As recOmmended by the Riverfront Plan, a proffered condition establishes.a tree save area along the
steep slopes and along their crest to fOster bluff and viewshed conservation.
The prOffered conditions address the impacts of this development'on necessary capital facilities, as
outlined in the Zoning Ordinance and Comprehensive Plan, .Specifically, the.need for schools, parks,
libraries and fire stations is identified in.the Cotmty~s adopted PublicFacilities Plan, Thoroughfare.
Plan and Capital Improvement Program and the impact of this develOpment is discussed herein..The
proffered conditions adequately mitigate the impact on capital facilities, thereby insuring adequate
service levels are maintained and protecting the health~ safety and welfare of the County citizens.
Given these considerations, approval of this request is recommended.
15 04SN0197-MAR10-BOS
CASE HISTORY
Planning Commission Meeting (2/17/04):
The applicant accepted the recommendation. No one spoke in favor of, or in opposition to,
the request.
On motion of Mr. Wilson, seconded by Mr. Litton, the Commission recommended approval
and acceptance of the proffered conditions on pages 2 through 7.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, March 10, 2004, beginning at 7:00 p.m., will take under
consideration this request.
16'
04SN0197-MARI0-BOS
'.., \ : ~;'
:,' \ ,..b-":' .~
~.'
X
I
I
I
I
/
04- ;SNO'iCi'l-Z.
./
r
i
/
/.
' o45No1'i'-I -3
-.,
i